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The current zoning (CN-10) continues to be consistent with Medium Density <br /> Urban (MDU) designation in the General Plan's Land Use Pattern Allocation Guide <br /> (LUPAG) map, which allows for a "Village and neighborhood commercial and single <br /> family and multiple family residential and related functions" <br /> The proposed future commercial development that the applicant has alluded to for <br /> this parcel will align with the existing commercial development located around the <br /> Kino`ole-Kawailani Street intersection that is designated as CN-10 and within the <br /> LUPAG medium-density urban zoning designation. <br /> The following list outlines the previous conditions of Ordinance 723 and the <br /> justification for the deletion of conditions: <br /> A. The petitioner, Beretania Properties, Inc. shall be responsible for complying <br /> with all of the stated conditions of approval. This condition places <br /> compliance on the previous owner, Beretania Properties, Inc. that no longer <br /> holds any interest in the subject parcel. As this business no longer exists, it <br /> would be impossible to hold them accountable for complying with conditions. <br /> B. Plans shall be submitted and Final Plan Approval, in accordance with <br /> Chapter 8 (Zoning Code), Hawaii County Code, secured by the Planning <br /> Department for the proposed development within one (1) year from the <br /> effective date of the change of zone. The portion of the subject property that <br /> fronts Kino`ole Street retains its legacy CN-10 zoning from 1967 and <br /> therefore maintains no conditions of approval. The Zoning Code requires <br /> Plan Approval be secured for any commercial use in the CN zoning district <br /> prior to its establishment, thus Plan Approval will be required for the entire <br /> property, even if this condition is deleted. <br /> C. Construction shall commence within one (1) year from the date of receipt of <br /> Final Plan Approval and be completed within two (2) years thereafter. With <br /> out an appropriate development design the applicant is unable to hold to these <br /> timing conditions. The mismatched zoning requirements for each half of the <br /> same parcel need to be resolved prior to planning development. Staff notes <br /> that Plan Approval, along with other construction related approvals will be <br /> required once the landowner moves to design the commercial development of <br /> -3- <br />