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

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RPDinitiatedKuawaREZrepea1.erk.10.20.2021 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION PLANNING DIRECTOR INITIATED REPEAL CHANGE OF ZONE ORDINANCE NO. 97 106 (REZ 869) Upon careful review of the request, the Planning Director recommends that the Planning Commission forward a favorable recommendation to the Hawaii County Council of this action to repeal Ordinance No. 97 106,which will revert the current zoning of the subject properties from Industrial Commercial Mixed-20,000 square feet(MCX-20)to the original Limited Industrial-20,000 square feet(ML-20) zoning district. Since this recommendation is made without the benefit of public testimony,the Director reserves the right to modify and/or alter the recommendation. This favorable recommendation is based on the following findings: The Planning Director is initiating a request to repeal Ordinance No. 97 106 in response to a written request submitted by representatives of Chaqueaux, LLC who purchased four of the five parcels (with the exception of parcel 104) in January 2021. The repeal would revert the zoning of all five parcels totaling 147,736 square feet of land to their original ML-20 zoning designation from the current MCX-20 zoning designation. According to the request, following the purchase of four(4)parcels in 2021, the landowners inquired about obtaining Plan Approval for uses on one of the properties. At that time, they were informed that due to the previous owners' non-compliance with conditions of the subject ordinance, Plan Approval for uses permitted in either zoning district would not be possible. A review of Planning Department records indicates that none of the conditions of the subject ordinance have been complied with, including Condition C (time to complete construction) and Condition E (roadway improvements),which required compliance within five years and three years respectively from the effective date of the subject ordinance,which was August 13, 1997. As the landowners have no intention of developing any uses permitted in the MCX zoning district,they are requesting that the Planning Director initiate rezoning to its 1