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i <br /> BRPDtnitiateNoncomplianceREZ14-56.doc 1/30/20 <br /> i <br /> COUNTY OF HAWAII PLANNING DEPARTMENT <br /> BACKGROUND AND RECOMMENDATION <br /> INITIATOR: PLANNING DIRECTOR <br /> REZONING DUE TO NONCOMPLIANCE WITH CONDITIONS OF <br /> ORDINANCE NO. 14-056 <br /> i <br /> The Planning Director has initiated rezoning of the property from Multi-Family <br /> Residential- 1,500 square feet(RM-1.5) to Single-Family Residential- 7,500 square feet <br /> (RS-7.5) due to the landowner's non-compliance with Conditions B and R of Ordinance <br /> No. 14-056, which became effective May 12, 2014 to change the zoning of the subject <br /> property from Multi-Family Residential- 2,500 square feet to Multi-Family Residential- <br /> , <br /> 1,500 square feet. The subject property is located at 364 Hualdlai Street, east of the Hale <br /> Nani Street- Hualdlai Street intersection, South Hilo, Hawaii, TMK: (3) 2-4-028:009. <br /> REQUEST AND REASONS FOR REQUEST <br /> 1. The Planning Director ("Director")recommends rezoning the property from <br /> Multi-Family Residential- 1,500 square feet(RM-1.5) to Single-Family <br /> Residential- 7,500 square feet (RS-7.5). <br /> 2. Ordinance No. 14-056 became effective May 12, 2014 to change the zoning of the <br /> subject property from Multi-Family Residential- 2,500 square feet to RM-1.5. <br /> 3. Ordinance No. 14-056 indicates, "Should any of the conditions not be met or <br /> substantially complied with in a timely fashion, the Planning Director may initiate <br /> zoning of the area to its original or more appropriate designation."The Director <br /> has initiated procedures to rezone the subject property to its original zoning of <br /> RS-7.5 for two reasons: <br /> 1) the landowner is not complying with Condition R, which states, "The <br /> applicant shall comply with all applicable County, State and Federal <br /> laws, rules, regulations and requirement". Specifically, the landowner <br /> has not complied with Chapter 20 (Refuse), Article 2 of the Hawaii <br /> County Code (HCC) related to unsafe flora; and <br /> 2) the landowner has the property listed for sale and does not intend to <br /> develop the property with multiple-family residential units as <br /> 1 <br />