COM 0235.000 2020-2022 - Laserfiche WebLink

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Mr. Zendo Kern,Acting Planning Director Page 6 of 16 December 15, 2020 In 1981,via Ordinance No. 81-723 (refer to Exhibit A),the Hawai`i County Council approved a change of zone for a 9,425 square-foot portion of the property from a Single Family Residential (RS-10)to a CN-10 zoning district in support of a proposed 16-unit apartment complex and laundromat(refer to Figure 5-Original apartment site plan), subject to a number of conditions of approval placed upon the original applicant and landowner, Beretania Properties, Inc., to ensure timely development of the property. This rezoning was largely supported since more than half of the property directly fronting Kinoole Street was already zoned CN-10 through the adoption of the zone district maps in 1967 and is supported,then and now,by the General Plan as shown above on Figure 4-General Plan LUPAG Map that depicts the subject property and immediately surrounding area for Medium Density Urban uses,which allows for commercial uses. A search for Beretania Properties, Inc. could not locate this company and through successive ownership of the property with the most recent being in 2019, Beretania Properties, Inc. no longer has any ownership interest in the property. The property was never developed as an apartment complex as originally proposed back in 1981. Therefore,the deadlines associated with the conditions of approval of Ordinance 81-723 have long since lapsed and the prospect of developing the property for commercial uses is hampered until such time the zoning conditions of approval are amended by the Hawai`i County Council. NATURE AND PURPOSE OF SUBJECT REQUEST The Applicant is requesting that all conditions of approval associated with Ordinance No. 81-723 be deleted and that the CN-10 zoning district established by this ordinance upon a 9,425 square-foot portion of the larger 20,188 square-foot property be retained so that the entire property can be developed for commercial uses permitted within the CN-10 zoning district. The purpose of this request is to delete conditions of approval that was originally intended to specifically compel the original landowner and applicant, Beretania Properties, Inc., to complete development the property for commercial uses in a timely manner, more specifically,within four(4)years from the effective date of Ordinance No. 81-723 or November 4, 1985. As Beretania Properties, Inc. was not able to proceed with the development of the subject property and is apparently no longer in existence as a company, the conditions of approval have not been satisfied and the ability of the current landowner,Kelly Kagimoto,to develop the property for commercial uses remains in limbo. The Applicant is currently contemplating the development a retail building on the subject property that led her to purchase it in 2019. She currently operates the Kagimoto's convenience store located adjacent to the south of the property within leased space within the historic Ando building. Unfortunately,the discovery of the conditions of approval associated with the partial CN-10 zoning of the property and its status of compliance has now raised doubts about whether she will be able to retain the CN-10 zoning for the makai or"back-half' of the subject property. This revelation after the purchase of the property has forced the Applicant to suspend any efforts to seriously contemplate upon the design of the proposed retail building pending the outcome of this amendment request.