COM 0235.000 2020-2022 - Laserfiche WebLink

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Maile David, Council Chair and Members of the County Council County of Hawai`i Page 2 The applicant is currently contemplating the development of a retail building on the subject property that led to the purchase of the parcel in 2019. The applicant currently operates the Kagimoto's convenience store located adjacent to the south of the property within leased space of the historic Ando building. The unique issues relating to the status of the rezone and permitted uses has forced the applicant to suspend any efforts to design and pursue a potential retail building until this rezone request is completed. As previously stated, the Planning Director is supportive of the deletion of conditions as this rezone ordinance covers only half of the subject parcel. This unique situation has led the property owner to suspend development until this matter can be resolved. The following outlines the criteria for granting a rezone amendment: 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. In 1981, via Ordinance No. 723, the Hawai`i County Council approved a change of zone for a 9,425 square foot portion of the subject property from a Single-Family Residential-10,000 square feet zoning district to a Neighborhood Commercial-10,000 square feet (CN-10) zoning district in support of a proposed 16-unit apartment complex and laundromat applied for by the previous owner, Beretania Properties, Inc. The rezoning was largely supported since more than half of the subject parcel directly fronting Kino`ole Street was already zoned CN-10 through the 1967 zone maps and was supported by the General Plan designation that depicts the subject property and surrounding area for Medium Density Urban (mdu) uses. A search for Beretania Properties, Inc. found no current ownership of the property, nor any interest in future development. The property was never developed as an apartment complex as originally proposed in 1981. Therefore, the deadlines associated with the conditions of approval of Ordinance 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. The purpose of this request is to delete conditions of approval that were originally intended to specifically compel the original owner and applicant, Beretania Properties, Inc. to complete the development of the property for commercial uses. 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 to develop the property remain in limbo.