HomeMy WebLinkAboutItem #3 PD RECOMMENDATION (REZ 20-240)RTran-TonnuFamilyTrustREZ.crk.4.1.20
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
TED TRAN/TRAN-TONNU FAMILY TRUST
CHANGE OF ZONE APPLICATION (REZ 20-000240)
Upon careful review of the request against the guidelines for granting a change of zone,
the Planning Director is recommending that a favorable recommendation of the Change of
Zone request be forwarded to the County Council. Since this recommendation is made
without the benefit of public testimony, the Director reserves the right to modify and/or alter this
position based upon additional information presented at the public hearing. This favorable
recommendation is based on the following findings:
The applicant is requesting a change of zone from Single-Family Residential—
10,000 square feet(RS-10)to General Commercial—20,000 square feet(CG-20) zoning
district for 20,812 square feet of land in order to develop a new, singe-story, 9,500
square-foot warehouse building, including three(3) 720 square-foot food stalls on the
Lanihuli Street side. The height of the structure is not expected to exceed forty-five(45)
feet, the maximum allowable by the Zoning Code. The applicant is also proposing a
seventeen (17)-stall parking lot (including one handicapped stall)to accommodate
customer and employee parking and a 10'x40' loading zone. On-site parking and
landscaping will be provided as required by the Zoning Code. According to the applicant,
the proximity to existing commercial development, visibility and accessibility of this area
make this site attractive for food sales for both the local community and students of the
nearby Hawai`i Community College and UH Hilo.
In order to consider an area for any type of zoning designation, the applicable
goals,policies and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must also be considered as they may have an impact on similar areas in the
County.
The change of zone request from an RS-10 to a CG-20 zoning district
conforms to applicable goals, policies and standards of the General Plan.
The Land Use Pattern Allocation Guide(LUPAG) Map component of the General
Plan is a representation of the document's goals and policies to guide the coordinated
growth and development ofthe County. It reflects a graphic depiction ofthe physical
relationship among the various land uses. The request to change the zoning to a CG-20
district conforms to the LUPAG Map, which designates the property and the surrounding
area as High Density Urban. Such designation allows general commercial,multiple
family residential and related services (multiple family residential-up to 87 units per
acre). In addition to being consistent with the LUPAG Map, the request would also
support the following goals and policies of the General Plan Land Use element:
Provide for commercial developments that maximize convenience to its
users.
Provide commercial developments that complement the overall pattern of
transportation and land usage within the island's regions, communities,
and neighborhoods.
Commercial facilities shall be developed in areas adequately served by
necessary services, such as water,utilities, sewers, and transportation
systems.
Commercial development shall maintain or improve the quality of the
present environment through the consideration of visual, access,
landscaping, and other design elements in their development.
Preference shall be given to commercial lands with a reasonably level
topography.
The subject 20,812 square-foot property is located at 78 Lanihuli Street,
approximately 150 feet northeast ofits intersection with Kino`ole Street. The property is
rectangular in shape with about 86 feet of frontage along Lanihuli Street. The topography
is fairly level and currently vacant of any structures and improvements. According to the
applicant,the property was previously improved with a single-family dwelling from the
early 1930s that was demolished under permit in 2014.
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A mix of commercial and residential zoning and uses surrounds the property. The
property directly adjacent to the east is zoned CG-20 and is the site of the Veterans
Center and a medical office and properties adjacent to the west are also zoned RS-10 and
CG-20, with the latter consisting of a salon and an auto repair shop. Properties adjacent to
the north and across Lanihuli Street to the south are a mix of Single-Family residential
and(RS-10) and General Commercial and consist of residential and medical clinic/office
uses. Other zoning in the area includes Double-Family Residential (RD), General
Commercial (CG) and Limited Industrial (ML) designations and uses, consistent with an
area transitioning from residential to commercial in nature.
The applicant will provide on-site parking and landscaping as required by the
Zoning Code. Additionally, the applicant will provide basic infrastructure needed to
support commercial uses such as County potable water, connection to the County sewer
system, curb, gutter and sidewalk improvements along Lanihuli Street, and fire
suppression measures and electrical service. Thus, the applicant's request is consistent
with surrounding land uses and zoning and the goals,policies and standards of the
General Plan.
AU essential utilities and services are available to the site.The subject parcel is
currently accessed via a driveway from Lanihuli Street, which is a two-lane, County-
owned and maintained roadway consisting of varied pavement widths (24' to 39')within
a sixty(60)-foot right-of-way. The adjacent, CG-20 zoned property to the east is
improved with curb, gutter and sidewalk while the subject and adjacent RS-10 zoned lots
have a three(3)-foot paved shoulders. Based on the proposed zoning, the Department of
Public Works (DPW) recommends that the applicant provide improvements to the subject
property's entire Lanihuli Street frontage consisting of,but not limited to consisting of,
but not limited to,pavement widening with concrete curb, gutter, and sidewalk, drainage
improvements, and any required utility relocation, meeting the requirements of the
Americans with Disabilities Act and the approval of the Department of Public Works.
Furthermore, DPW requires that all driveway connections and construction within the
Lanihuli Street Right-of-Way shall conform to Chapter 22, County Streets, of the Hawaii
County Code. Access to Lanihuli Street, including the provision of adequate sight
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distances, shall meet with the approval of the Department of Public Works, Engineering
Division. Finally, DPW recommends that the applicant install streetlights and traffic
control devices as may be required by the Traffic Division, Department of Public Works.
The applicant shall be responsible for the design,purchase, and installation of such
devices. The preceding will be added as conditions of approval.
The proposed warehouse and food stalls are anticipated to generate approximately
32 trips entering and 15 trips exiting in the AM peak hour and 21 trips entering and 29
trips exiting in the PM peak hour. The applicant conducted a Traffic Assessment Report
TAR) dated October 10, 2019, prepared by SSFM International. The TAR concluded
that traffic from the proposed warehouse/restaurant space is not expected to be
significant. The total peak hour trips are expected to be at or below 50 trips (in and out)
during the highest peak hour. Additionally, the proposed driveway should be designed
with appropriate horizontal and vertical alignments, and adequate drainage. Finally, the
TAR recommended a minimum five (5)-foot wide sidewalk should be included along the
front of the property to encourage walking trips instead of vehicle trips. Conditions of
approval will require the development of the driveway and sidewalks to meet DPW
standards. Finally, as the proposed change of zone does not require the applicant to
develop the currently proposed commercial development, a condition of approval will
require a Traffic Impact Analysis Report (TIAR) should the applicant develop a use that
generates over 50 peak hour trips.
The project site has no severe geological or topographical problems which cannot
be properly rectified, or which would render the land unusable. The property is located in
flood zone "X" which is an area determined by FEMA to be an area of minimal flood
hazard, which is typically outside the 500-year flood plain. According to the Department
of Public Works — Engineering Division, all development-generated runoff shall be
disposed of on site and not directed toward any adjacent properties. A drainage study
shall be prepared by a licensed civil engineer and submitted to the Department of Public
Works prior to the issuance of a construction permit. Any recommended drainage
improvements, if required, shall be constructed meeting with the approval of the
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Department of Public Works prior to the construction of any proposed structures on the
property. The preceding will be added as conditions of approval.
County water is available from an existing six (6)-inch waterline within Lanihuli
Street, which fronts the subject parcel. A 5/8-inch meter currently serves the subject
parcel,which is limited to an average daily usage of 400 gallons and a maximum daily
usage of 600 gallons per day. The Department of Water Supply(DWS)will determine
the appropriate water commitment deposit, prevailing facilities charge, and appropriate
service lateral meter size required once the applicant provides estimated maximum daily
water usage calculations for the proposed commercial land use. The DWS also requires a
reduced pressure type backflow prevention assembly be installed. Finally, DWS indicated
that the six (6)-inch waterline is inadequate to provide the required pressure of2,000
gallons per minute of water flow for fire protection for commercial zoning per their water
system standards. The applicant will be required to comply with Fire Department
standards for fire suppression. The preceding will be added as conditions ofapproval.
The subject property is accessible to an eight(8)-inch County sewer line within
Lanihuli Street. The Department of Environmental Management(DEM)has required that
any existing or new structure(s) connect to the public sewer in accordance with Section
21-5 (Sewers) of the Hawai`i County Code. The preceding will be added as conditions of
approval.
According to the application, solid waste will be handled by commercial haulers
who will dispose ofthe refuse at the county landfill in Hilo and eventually to the West
Hawaii Sanitary Landfill.
According to the State Department of Health(DOH), the applicant will need to
follow clean air and community noise control requirements during construction of the
project. In addition, the proposed food stalls will need to meet the requirements of
Hawai`i Administrative Rules (HAR) Chapter 50, Food Safety Code. The preceding will
be added as conditions of approval.
Electrical and telephone services are available to the property. Police and fire
services and medical services are available nearby in Hilo.
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The subject request is not contrary to Chapter 205A,Hawaii Revised
Statues, relating to Coastal Zone Management.The subject parcel is not located within
in the SMA. It is located over 1,600 feet from the nearest shoreline and therefore will not
be impacted by coastal hazard and beach erosion. There is no record of a designated
public access that traverses the property. No valued cultural, historical or natural
resources exist on the property and there is no evidence of any traditional and customary
Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the
proposed request will have any adverse impact on cultural or historical resources in the
area.
In view ofthe Hawai`i State Supreme Court's "PASH" and"Ka Pa`akai 0
Ka'Aina"decisions, the issue relative to native Hawaiian gathering and fishing rights
must be addressed in terms ofthe cultural,historical, and natural resources and the
associated traditional and customary practices of the site:
Investigation of valued resources: No formal professional archaeological
and cultural study was conducted ofthe property because it had been
developed between the 1930's and 2014 with a residence.
The valued cultural, historical, and natural resources found in the rezoning
area: There are no known historic sites on the property as listed on the
State or National Register of Historic Places. Given the historical
residential use of the site, the prospect of finding any
archaeological/cultural resources is reduced. By letter dated
March 27, 2020, the State Historic Preservation Division(SHPD) stated
that due to the previous residential development on the property, they had
no objection to the proposed change of zone.
Possible adverse effect or impairment of valued resources: There is no
evidence that the flora in the area are particularly desired or used for
cultural practices, thus adverse impacts are unlikely.
Feasible actions to protect native Hawaiian rights: No gathering is taking
place on the site. Thus,to the extent to which traditional and customary
native Hawaiian rights are exercised, the proposed action will not affect
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traditional Hawaiian rights; therefore, no action is necessary to protect
these rights.
Lastly, this recommendation is made with the understanding that the applicant
remains responsible for complying with all other applicable governmental requirements
in connection with the proposed use,prior to its commencement or establishment upon
the subject properties. Additional governmental requirements may include the issuance of
building permits, compliance with the Fire Code, installation of improvements required
by the American with Disabilities Act(ADA), among many others. Compliance with all
applicable governmental requirements is a condition of this approval; failure to comply
with such requirements will be considered a violation that may result in enforcement
action by the Planning Department and/or the affected agencies.
Based on the preceding findings, the request to rezone the property from a Single-
Family Residential - 10,000 square feet(RS-10)to General Commercial - 20,000 square
feet (CG-20) zoned district would result in an appropriate land use pattern that would
further benefit the general public.
The accompanying draft bill to amend Section 25-8-33 (City of Hilo Zone Map), Article
8, Chapter 25 (Zoning Code) of the Hawaii County Code, is provided for your favorable
consideration. Please note the proposed conditions of approval attached to the draft bill.
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lic.7..
COUNTY OF HAWAII :• 't'''. /STATE OF HAWAII
BILL NO.
ORDINANCE NO. 400114 Dips
AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983
2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION
FROM SINGLE FAMILY RESIDENTIAL— 10,000 SQUARE FEET(RS-10) TO GENERAL
COMMERCIAL—20,000 SQUARE FEET (CG-20) AT WAIAKEA HOUSELOTS 2ND,
WAIAKEA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-2-021:008.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawai`i
County Code 1983 (2016 Edition, as amended) is amended to change the district classification of
property described hereinafter as follows:
The district classification of the following area situated at Waiakea Houselots
2nd, Waiakea, South Hilo, Hawai`i, shall be General Commercial—20,000 square feet
CG-20):
Beginning at a pipe at the East corner of this lot, the South corner of Lot 16,
Block 62, and on the North side of road (60 feet wide), the coordinates of the said point
of beginning referred to Government Survey Triangulation Station "HALAI" being
2,044.74 feet South and 6,046.25 feet East, as shown on Government Survey Registered
Map No. 2705, and running by true azimuths:
1. 58°° 10' 86.0 feet along road (60 feet wide);
2.148° 10' 242.0 feet along Lots 14 and 13;
3.238° 10' 86.0 feet along Lot 10;
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4.328° 10' 242.0 feet along Lot 16 to the point of
beginning and containing an area of
20,812 square feet more or less.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2016
Edition, as amended), the County Council finds the following conditions are:
1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
A) Protection of the public from the potentially deleterious effects of
the proposed use, or
B) Fulfillment of the need for public service demands created by the
proposed use.
SEE ATTACHED CONDITIONS
SECTION 3. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
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SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAI`I
Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
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RD-3.75 CG-20
R5-10 RD-3.75
RD-3.75
R5-10 RD-3.75
RD-3.75
CG-20 J]
RD-3.75
SINGLE FAMILY RESIDENTIAL -10,000 SQUARE FEET(RS-10)TO
GENERAL COMMERCIAL-20,000SQUARE FEET(CG-20) RD-3.75
20,812 SQUARE FEET
RD-3.75
R5-10 RD-3.75
R5-10 D-3.7'_
RD-3.75
RD-3.75CG-20
R5-10
CG-20
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R5-10
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R5-10 A
CG-20
2.044.74 5
6.046.25'E CG-20
HALM"
R5-10
R5-10
R5-10
CG-20
R5-10
CG-20
CG-10
R5-10 N
CG-20
R5-10 CG-20
CG-20 R5-10 CG-20
Feet
0 100 200 300 400 500
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
SINGLE FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS-10)TO
GENERAL COMMERCIAL - 20,000 SQUARE FEET (CG-20)
AT WAIAKEA HOUSELOTS 2ND, WAIAKEA, SOUTH HILO, HAWAII
MAP PREPARED BY:
TMK:(3)2-2-021:008 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:January 3,2020
EXHIBIT "A" Tran-Tonnu Family Trust
Map: 1414
CTran-TonnuFamilyTrustREZ.crk.3.11.20
TED TRAN/TRAN-TONNU FAMILY TRUST
CHANGE OF ZONE APPLICATION (REZ 20-000240)
CONDITIONS OF APPROVAL
A. The applicant, successors or assigns shall be responsible for complying with all of the
stated conditions of approval.
B. Construction of the proposed development, as substantially represented by the applicant,
or as permitted by the zoning district classification, shall be completed within five(5)
years from the effective date of this ordinance. Prior to construction, the applicant,
successors or assigns shall secure Final Plan Approval for the proposed development
from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning
Code), Hawai`i County Code. Plans shall identify all proposed structure(s), paved
driveway access and parking stalls associated with the proposed development.
Landscaping shall be indicated on the plans for the purpose ofmitigating any adverse
noise or visual impacts to adjacent properties in accordance with the requirements of
Planning Department's Rule No. 17 (Landscaping Requirements) and Chapter 25
Zoning Code), Hawai`i County Code.
C. Prior to the issuance of a water commitment by the Department of Water Supply(DWS),
the applicant(s) shall submit the anticipated maximum daily water usage calculations as
prepared by a professional engineer licensed in the State of Hawaii to the DWS. A
water commitment deposit shall be paid to the DWS within 180 days from the effective
date of this ordinance in accordance with Rule 5 of the Department ofWater Supply's
Rules and Regulations. The applicant, its successors or assigns are responsible for
maintaining valid water commitments to support the proposed use until such time that
required water facilities charges are paid in full. The applicant shall construct necessary
water system improvements as required by the DWS.
D. The applicant, successors, or assigns shall install a reduced pressure type backflow
prevention assembly within five(5) feet of the existing water meter and any additional
water meters on private property, which must be inspected and approved by the
Department of Water Supply.
E. The applicant, successors, or assigns shall implement any improvements required by the
Fire Department and/or Department of Water Supply to ensure that fire protection
requirements can be met for commercial zoning.
F. Prior to issuance of a Certificate of Occupancy for a commercial use on the property,the
applicant, successors, or assigns shall provide improvements to the subject property's entire
Lanihuli Street frontage consisting of,but not limited to consisting of,but not limited to,
pavement widening with concrete curb, gutter, and sidewalk, drainage improvements, and
any required utility relocation, meeting the requirements of the Americans with
Disabilities Act and the approval of the Department of Public Works.
G. Driveway connection(s) to Lanihuli Street and construction within the Lanihuli Street
Right-of-Way shall conform to Chapter 22, County Streets, of the Hawaii County Code.
H. The applicant shall be responsible for the design,purchase, and installation of streetlights
and traffic control devices as may be required by the Traffic Division, Department of
Public Works.
Should the applicant, successors or assigns develop an additional land use which the
Planning Department, in consultation with the Department of Public Works, determines
will generate over 50 peak hour trips, a Traffic Impact Analysis Report(TIAR) shall be
submitted for review and approval by the Department of Public Works prior to Final Plan
Approval. The applicant shall implement, when required by the Department of Public
Works, at no cost to the County, any transportation system improvements that may be
deemed necessary by the Department of Public Works.
J.All development-generated runoff shall be disposed of on site and shall not be directed
toward any adjacent properties. A drainage study shall be prepared by a licensed civil
engineer and submitted to the Planning Department prior to Final Plan Approval. Any
recommended drainage improvements, ifrequired, shall be constructed meeting with the
approval of the Department of Public Works prior to receipt of a Certificate of
Occupancy.
K. The property shall connect to the public sewer in accordance with Section 21-5 of the
Hawaii County Code prior to issuance of a Certificate of Occupancy.
L. In the unlikely event that surface or subsurface historic resources, including human
skeletal remains, structural remains (e.g. rock walls,terraces,platforms, etc.), cultural
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deposits,marine shell concentrations, sand deposits, or sink holes are identified during
the demolition and/or construction work, cease work in the immediate vicinity of the
find, protect the find from additional disturbance and contact the State Historic
Preservation Division at(808) 933-7651. Subsequent work shall proceed upon an
archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation
measures have been taken.
M. Should the applicant, successors, or assigns develop residential units on the subject
property, the applicant shall make its fair share contribution to mitigate the potential
regional impacts of the property with respect to parks and recreation, fire,police, solid
waste disposal facilities and roads. The fair share contribution for each unit shall be based
on the actual number of residential units developed and shall become due and payable
prior to receipt of Final Plan Approval. The fair share contribution in a form of cash,
land, facilities or any combination thereof shall be determined by the County Council.
The fair share contribution may be adjusted annually beginning three years after the
effective date of this ordinance,based on the percentage change in the Honolulu
Consumer Price Index (HCPI). The fair share contribution shall have a combined value of
9,366.52 per multiple family residential unit($14,596.67 per single family residential
unit). The total amount shall be determined with the actual number of units according to
the calculation and payment provisions set forth in this condition. The fair share
contribution per multiple family residential unit(single family residential unit) shall be
allocated as follows:
1.4,620.24 per multiple family residential unit($7,038.77 per single family
residential unit)to the County to support park and recreational improvements and
facilities;
2.146.02 per multiple family residential unit($339.55 per single family residential
unit) to the County to support police facilities;
3.449.18 per multiple family residential unit($670.66 per single family residential
unit)to the County to support fire facilities;
4.200.20 per multiple family residential unit($293.62 per single family residential
unit) to the County to support solid waste facilities; and
5.3,950.87 per multiple family residential unit($6,254.07 per single family
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residential unit) to the County to support road and traffic improvements.
In lieu ofpaying the fair share contribution, the applicant may contribute land and/or
construct improvements/facilities related to parks and recreation, fire,police, solid waste
disposal facilities and roads within the region impacted by the proposed development,
subject to the review and recommendation ofthe Planning Director, upon consultation
with the appropriate agencies and approval ofthe County Council.
N. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for
imposition of exactions or the assessment of impact fees, conditions included herein shall
be credited towards the requirements ofthe Unified Impact Fees Ordinance.
O. To ensure that the Goals and Policies of the Housing Element of the General Plan are
implemented, the applicant shall comply with the requirements of Chapter 11, Article 1,
Hawai`i County Code relating to Affordable Housing Policy. This requirement shall be
approved by the Administrator of the Office of Housing and Community Development
prior to Final Plan Approval.
P. The applicant, successors or assigns shall comply with all applicable County, State and
Federal laws, rules, regulations and requirements.
Q. An initial extension of time for the performance of conditions within the ordinance may
be granted by the Director upon the following circumstances:
1. The non-performance is the result of conditions that could not have been foreseen
or are beyond the control of the applicant, successors or assigns, and that are not
the result of their fault or negligence.
2.Granting of the time extension would not be contrary to the General Plan or
Zoning Code.
3.Granting of the time extension would not be contrary to the original reasons for
the granting of the change of zone.
4. The time extension shall be for a period not to exceed the period originally
granted for performance(i.e., a condition to be performed within one year may be
extended for up to one additional year).
5.If the applicant should require an additional extension of time, the Planning
Director shall submit the applicant's request to the County Council for
appropriate action.
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R. Should any ofthe conditions not be met or substantially complied with in a timely
fashion,the Planning Director may initiate rezoning of the subject area to its original or
more appropriate designation.
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