PD BACKGROUND REPORT (PD INITIATED_REPEAL ORD-97-106_REZ 869)

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Law Offices of Yeh & Kim A Limited Liability Law Company August 17, 2021 Page 2 that includes the storage of incidental materials and equipment except for highly flammable or explosive products. Compare HCC § 25-5-132 with HCC § 25-5-142. The basis for rezoning the Property is that the conditions of Ord. No. 97-106 have not been met or substantially complied with by the deadlines set forth by the ordinance. The rezoning applicant had proposed facilities that would provide commercial and industrial services related to the airport, harbor, and adjacent commercial neighborhoods, including shopping, services and job opportunities in wholesaling, manufacturing, retailing, food service, and construction. Condition C required that construction of the proposed industrial- commercial development and related improvements within the Property were to be completed within five (5)years of the effective date of the Ordinance. Condition E required that roadway improvements to Kalanikoa Street fronting TMK No. 2-2-032-104 including curbs, gutters, sidewalks, and drainage improvements were to have been completed within three (3)years of the effective date of the Ordinance. The effective date of the Ordinance was August 13, 1997. As of the present date, neither the proposed facilities nor roadway improvements have been constructed as required by the Ordinance. As stated in Condition N of the Ordinance and authorized by HCC § 25-2-44(c), the failures to fulfill the conditions of that ordinance within the time limitations provided therein are grounds for the Planning Director to initiate the enactment of an ordinance that will rezone the Property back to its original zoning designation. As a practical matter the Property is presently in a virtual "zoning limbo'-due to the conditions in Ord. No. 97-106 that were not fulfilled by the deadline, Chaqueaux, LLC has been informed that it would not be able to obtain plan approval for the Kuawa Lots consistent with either MCX-20 or ML- 20 uses. Chaqueaux, LLC requests that you exercise the authority granted per Code and Ordinance to initiate the enactment of an ordinance to rezone the Property back to the ML- 20 zoning designation to allow for uses consistent with the ML zoning designation on the Kuawa Lots. Thank you in advance for your review and consideration of this request. Very truly yours, LAW OFFICES OF YEH & KIM RONALD N.W. KIM