COM 1026.000 2016-2018 - Laserfiche WebLink

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Valerie T. Poindexter, Council Chair and Members of the County Council Page 4 The land uses in the area are a mix of residential and commercial uses. Immediately adjacent properties, as well as surrounding properties, are zoned RS-10 and in single- family residential uses. Big Island Candies is located to the northeast of the project site and zoned CG-20. The area is transitioning to a commercial character as several properties in the vicinity of the site have been rezoned from Single-Family Residential (RS) to Neighborhood Commercial (CN) zoning since the subject parcels were rezoned in 2008. The proposed establishment of commercial uses will continue to complement the commercial land uses that already exist in this area and will provide for an orderly development of the area. The original reasons for the approval of the change of zone are still applicable, and the request is not contrary to these reasons. The change of zone was originally approved in 2008 to allow the conversion of existing structures into business offices, provide parking for employees in a gravel parking area, and to accommodate parking for passenger vans associated with the tour business, seeking to mitigate notice of violations issued to the applicant for the unauthorized parking of tour vehicles on the site. As stated above, the use of the subject properties as a commercial parking lot or base yard for tour vans is not allowed in the CN zone, nor are they considered accessory to the proposed tour office use. Based on this, since Ordinance No. 08 20 was approved, the applicant has purchased an appropriately zoned property on Kanoelehua Avenue, which is used as a base yard to park tour vans and vehicles. Despite the Neighborhood Commercial zoning, the applicant has yet to establish a commercial use on the property within the last 10 years. Since Ordinance No. 08 20 was approved in 2008, the applicant has been operating a tour business office in an approximately 900 square foot portion of the existing dwelling on Parcel 25 as a Home Occupation, which is permitted as incidental and subordinate to the use of the dwelling, provided that it does not change the external appearance of the dwelling and therefore is not considered a"Commercial Use." In addition, the existing dwelling on Parcel 26 is currently a long-term rental, however, the applicant has future plans to remove it and build a new, larger dwelling to operate a bed and breakfast. Based on the preceding, the Director is supporting a five (5)-year extension of time to establish a commercial use on the subject parcels (this includes the development and operation of a bed and breakfast). The Director recommends that the trigger for many of the timed conditions be based on the commencement of a commercial use on the subject properties as discussed below.