PD RECOMMENDATION REPORT (AMEND REZ-11-146)

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RTakataREZAmend.crk.9.1521 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION TAKATA DENTAL HEALTH CENTER,INC. AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 12 33 (REZ 11-000146) Upon careful review of the request to amend conditions of Change of Zone Ordinance No. 12 33, the Planning Director recommends that a favorable recommendation for the request be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is requesting a five (5)-year time extension,with the opportunity for an additional administrative time extension,to comply with Condition B (time to complete construction). Alternatively, the applicant would accept an amendment to allow five (5)years to commence construction and ten (10)-years to complete construction without the option of an administrative time extension. The deadline to comply with Condition B is March 6, 2022. Additionally,the applicant is requesting a 180-day time extension to comply with Condition C (water commitment). The deadline to comply with Condition C lapsed on September 6, 2012. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence. According to the applicant, after the requested rezone was approved in 2012, the applicant had planned to relocate its existing dental practice to the subject parcel. In furtherance of this goal,the applicant secured Final Plan Approval for a dental office on May 29, 2015 and an existing dwelling located on the subject parcel was demolished to make room for the project in July 2015. Following approval of a five-year administrative time extension on October 25, 2016,the applicant experienced significant setbacks. According to the applicant, one of the project's principals (a retired dentist)became ill and was unable to personally oversee