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Heather Kimball, Council Chair and Members of the County Council June 28, 2024 Page 2 zoning designation from the current Multiple -Family Residential-3,000 square feet (RM- 3) zoning designation. The subject property was rezoned from RS-10 to RM-3 with the objective of constructing a multifamily student housing complex. Condition B (time to complete construction) of Ordinance No. 12-132 required compliance by October 25, 2017, or five years from the effective date of the subject ordinance. The applicants obtained Final Plan Approval, on January 23, 2015, and a building permit was issued, on October 24, 2017, for a 3-unit student apartment building. Additionally, pursuant to Condition L, the applicants remitted a fair share contribution in the amount of $23,710.05, per a June 26, 2014 letter from the Planning Department, which will be reimbursed. However, according to the applicants, the project was unsuccessful due to construction costs being higher than anticipated, including installation of a costly wastewater treatment system as the full scope of the project could not be served by septic tanks. The closest County sewer line is located along Kawili Street, about 1,100 feet south of the subject property. Although no administrative time extension was issued, even with this option, Compliance with Condition B (tone to complete construction) would have lapsed on October 25, 2022. In 2023, the applicants requested to void the building permit and repeal the change of zone. As the landowners have no intention of developing any uses permitted in the RM- 3 zoning district, they are requesting that the Planning Director initiate rezoning of the property to its original RS-10 zoning, pursuant to Condition P of the subject ordinance, which allows the Director to initiate reversion of land to its original zoning or rezone to a more appropriate designation should conditions of approval not be met or substantially complied with in a timely fashion. Since the subject parcel was rezoned, there have not been any significant land use regulatory changes in this area. The proposed reversion to the original RS-10 zoning would be consistent with the General Plan's Land Use Pattern Allocation Guide (LUPAG) map Medium Density Urban Designation, which allows for a "village and neighborhood commercial and single fancily and multiple family residenlial and related fitnetions (multiple family residential - tip to 35 units per acre). The State Land Use designation for the subject property is Urban. The Hilo Community Development Plan (CDP), adopted in 1975, suggests residential uses in this area. The subject parcel is not situated within the Special Management Area and the area has been extensively developed. Additionally, there are no known archaeological, historical, or cultural resources and no protected/endangered floral or faunal resources found on the subject parcel.