2020-02-06 Exh A PD Initiated Vincent Tai REZ 13-167

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The current zoning for the property is Multiple -Family Residential with a minimum building site of 1,500 square feet. That's shown in the darker brown color. And then you can see the surrounding community to the south and to the west is Single -Family Residential - 7,500 square feet, which is shown in the yellow color. There is also Double -Residential density that is in the lighter brown color to the east, as well as Multiple -Family Residential - 1,000 square feet where the police station is located. The General Plan designation for the property is Medium Density Urban, which is shown in the orange, and then east of Kapi`olani Street is High Density Urban. The subject property was rezoned twice from its original zoning of Single -Family Residential - 7.5 by the current landowner, Vincent Tai. In 2010, it was rezoned from RS -7.5 to RM -2.5, and then in 2014 it was rezoned again from RM -2.5 to RM -1.5 with Ordinance 14-056. Ordinance 14-056 states, "Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate zoning of the area to its original or more appropriate designation." So, there are two reasons the Director is initiating procedures to rezone the property. The first reason is that the landowner is not complying with Condition R of the ordinance. That condition states, "The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements." Specifically, the landowner has not complied with Chapter 20 Article 2 of the Hawaii County Code related to unsafe flora. The second reason for initiating rezoning of the property is that the landowner has the property listed for sale and does not intend to develop the property with the multiple -family residential units as represented to the County Council and the Commission when the property was previously rezoned in 2010 and 2015. So, I'll go through a few slides and talk about the first reason, compliance with Condition R, and then the following slides after that will discuss the lack of development on the property. So, lack of compliance with Condition R, the Department of Public Works has issued two unsafe flora violation letters to the landowner. One was issued on June 21" of last year, and then one was recently issued on January 28h of this year. These letters indicated that trees on the property pose an imminent danger to eight neighboring properties, and DPW required that they be removed. The letters said that in lieu of tree removal, a letter from a Hawaii State certified arborist could be provided, stating that the trees are deemed safe and healthy. On January 7h of 2020, the landowner provided a Tree Risk Assessment and Risk Reductions Assessment Report by a certified arborist. The report evaluated the trees that were subject to the June 21" unsafe flora letter. On February 4h, that was just a few days ago, the arborist submitted a letter indicating that if their recommendations of the assessment and the February 4h letter from the arborist are implemented, that would negate any hazards to neighboring properties. The report and the February 4 1 letter recommended trimming the branches of trees 0, 1, and 3 through 6, and then removing several trees, tree 2, 7 and 51, I'm sorry, 7 through 51. And the Department of Public Works went through on the property and tagged and numbered all of the trees. I believe that occurred sometime in December. They also, the arborist also recommended removing roots that were encroaching onto neighboring properties as well as providing on-going annual maintenance. EXHIBIT A 2