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 3 The primary goal of this amendment 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 Kino`ole Street-fronting portion that maintains a legacy CN-10 zoning designation and that is not encumbered by any conditions of approval. Granting of the amendment would not be contrary to the original reasons for granting the change of zone. The reasons for granting the original change of zone under Ordinance No. 723 have not changed as approximately half of the subject parcel has a legacy CN-10 zoning designation. The current zoning (CN-10) continues to be consistent with Medium Density Urban (MDU) designation in the General Plan's Land Use Pattern Allocation Guide (LUPAG) map, which allows for a "Village and neighborhood commercial and single family and multiple family residential and related functions" The proposed future commercial development that the applicant has alluded to for this parcel will align with the existing commercial development located around the Kino`ole-Kawailani Street intersection that is designated as CN-10 and within the LUPAG medium-density urban zoning designation. The following list outlines the previous conditions of Ordinance 723 and the justification for the deletion of conditions: A. The petitioner, Beretania Properties, Inc. shall be responsible for complying with all of the stated conditions of approval. This condition places compliance on the previous owner, Beretania Properties, Inc. that no longer holds any interest in the subject parcel. As this business no longer exists, it would be impossible to hold them accountable for complying with conditions. B. 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. The portion of the subject property that fronts Kino`ole Street retains its legacy CN-10 zoning from 1967 and therefore maintains no conditions of approval. The Zoning Code requires Plan Approval be secured for any commercial use in the CN zoning district prior to its establishment, thus Plan Approval will be required for the entire property, even if this condition is deleted.