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RKagimoto_AmendREZ3 99_3_202 1 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION KELLY KAGIMOTO AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 723 (REZ 399) Upon careful review of the request to amend Ordinance No. 723, the Planning Director is recommending that a favorable recommendation be forwarded to the County Council to delete all conditions of Ordinance No. 723. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based on additional information presented at the public hearing. This recommendation is based on the following findings: The applicant is requesting to delete all conditions of Change of Zone Ordinance 723 while retaining the current zoning district established by the ordinance. Ord. 723 changed the district classification for a 9,425 square-foot portion of the 20,188 square foot subject property from the Single-Family Residential-10,000 square feet (RS-10) zoning district to the Neighborhood Commercial-10,000 square feet (CN-10) zoning district to align with the zoning of the remainder of the property. The approved rezone was subject to a number of conditions of approval placed on the original applicant and landowner to ensure timely development of the property. 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 1