COM 0235.000 2020-2022 - Laserfiche WebLink

Home

are not the result of their fault or negligence. In 1981, via Ordinance No. 723, the Hawaii 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. 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. -2-