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

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Law Offices of Yeh & Kim RONALD N.W.KIM A Limited Liability Law Company Associate: rkim@yehandkim.com KEYRA K.WONG 505 Kilauea Ave.#B,Hilo,Hawai'i 96720-2830 Of Counsel:kwong@yehandkim.com Telephone (808)961-0055 THOMAS L.H.YEH tly@ yehandkim.com JOHN MUKAI jmukai@yehandkim.com DANNY PATEL dpatel@yehandkim.com September 2, 2021 SENT VIA CERTIFIED MAIL,RETURN RECEIPT REQUESTED William Warren Properties, Inc. PO Box 2034 Santa Monica, CA 90406 Rezoning Tax Map Key Nos. 2-2-032-023, 2-2-032-101, 2-2-032-102, 2-2-032-103, 2-2-032-104 back to Limited Industrial (ML-20) To Whom it May Concern, I am writing on behalf of my client, Chaqueaux, LLC ("Chaqueaux"),regarding rezoning properties identified by TMK Nos. 2-2-032-023, 2-2-032-101, 2-2-032-102, 2-2- 032-103, 2-2-032-104 ("Property")that Hawaii County Council Ordinance No. 97-106 ("Ord.No. 97-106" or the "Ordinance") changed from the Limited Industrial ("ML-20") District Classification to Industrial-Commercial Mixed ("MCX-20") due to the failures to fulfill the Ordinance's conditions by the deadlines therein. Chaqueaux owns TMK Nos. 2- 2-032-023, 2-2-032-101, 2-2-032-102, and 2-2-032-103, while your company owns TMK No. 2-2-032-104. Chaqueaux has requested that the Planning Department initiate the process of rezoning its properties and the Planning Department has inquired whether you also support rezoning your property. Ord. No. 97-106 laid out numerous conditions for the rezoning which remain unfulfilled for the entire Property. 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 your property that included 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. I have reviewed a letter dated December 12, 2019, from the former Planning Director to a consultant for the purchase of your company's property which stated that there were no current or prior zoning code violations or complaints; however, that letter did not address the non-compliance with Ord. No. 97-106. Pleased understand that due to the non-compliance with conditions,the Property is presently in a virtual "zoning limbo"- Chaqueaux has been informed that it is not able to obtain plan approval for its property consistent with either MCX-20 or ML-20 uses,