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Mr. Zendo Kern,Acting Planning Director Page 8 of 16 December 15,2020 The reason for seeking the deletion of all conditions of approval within Ordinance No. 81-723 and retaining the CN-10 zoning is to promote the development of the entire 20,188 square-foot property for commercial uses and to eliminate conflicting regulatory controls over portions of the same property,namely the Kinoole Street-fronting portion maintaining a legacy CN-10 zoning that is not encumbered by any conditions of approval, and the rear portion encumbered by Ordinance No. 81-723. Primary justification in support of this request are existing regulatory controls that are already in place to ensure orderly development of the property, rendering all of the existing conditions of approval as simply redundant. The Applicant presents, further below, all conditions of approval within Ordinance No. 81-723 along with statements of position on why the deletion of these conditions are appropriate, in this particular and unique situation. Conditions of Approval within Ordinance No. 81-723 along with Statements of Position: A) that the petitioner, Beretania Properties, Inc., shall be responsible for complying with all of the stated conditions of approval; Applicant's Statement of Position: this condition places compliance with all conditions of approval within Ordinance No. 81-723 solely upon the original owner and applicant, Beretania Properties, Inc. and not upon any successor or assigns, as is now typical in zoning ordinances adopted by the Hawai`i County Council. As currently constructed, this strictly worded condition would prevent any successor owner of the property from exercising reasonable opportunities to secure the necessary approvals to develop the property for commercial uses. B) that plans shall be submitted and Final Plan Approval, in accordance with Chapter 8 (Zoning Code), Hawaii County Code, secured by the Planning Department for the proposed development within one(1)year from the effective date of the change of zone; Applicant's Statement of Position: the Kinoole Street-fronting portion of the subject property, consisting of approximately 10,763 square feet, maintains a"legacy"CN-10 zoning so designated by the adoption of the City of Hilo District Zone Map in 1967 and maintains no conditions of approval. Given the relatively small size of the 20,188 square-foot property and the fact that more than half of it is not subject to conditions of approval,there is no significant public purpose or welfare concerns associated with simply aligning Ordinance No. 81-723 to afford the same regulatory opportunities for the "back-half'of the subject property as that exists for the"front-half'.