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RONALD fil,W.KEM Law Offices ofYeh & dim Of counsel: THOMAS L.H. YEH a.-,ehandkim.ccm 505 Kilauea Avenue, Suite B ALL D.RAZNOV Hilo, Hawaii 96720-3059 J0FINMUKAI jlukai_xhand6 n�,com Telephone: (808)961-0055 Website: www.yehandkim.coen i March 15, 2022 � 'I 3 Dean Au, Chair County of Hawaii, Windward Planning Commission Aupuni Center 101 Pauahi Street, Ste. 3 ! Hilo, Hawaii 96720 SUBJECT. Amendment to Change of Zone Ordinance No. 17-24 Applicant: Hilo Senior Investments, LLC (formerly Island Heritage Ventures, LLC, formerly RhodesMoore,LLC) I Request: Time Extension to Comply with Condition C (Final Subdivision Approval) TTNA.° 2-2-044:031,032,035 and 037 aiakea, South Hilo, a ai'i Dear Chair Au: I 3 On behalf of Hilo Senior Investments ("Applicant"), this is to request the grant of a time extension of an additional five (5) years for the completion of Condition"C" of Change of Zone Ordinance No. 17-24, effective April 20, 2017 (the"Ordinance", attached). Under°Condition"C" of the Ordinance, Applicant is to secure final subdivision approval of the proposed consolidation/ resubdivision of the Subject Property' within five(5) years from the effective date of the Ordinance, or by April 20, 2022. Submitted contemporaneously herewith is Applicant's time extension request for completion of Condition"5"of Use Permit No. USE-16-000065 (the "Use j Permit", attached). Under Condition "5" of the Use Permit, construction of the proposed development shall be completed within five (5) years of the effective date of the Ordinance. ! Condition "T"of the Ordinance requires that, should Applicant require an additional extension of time, the Director shall submit the applicant's request to the County Council for appropriate action. See also Section 25-2-44(b) of the Hawaii County Code ("HCC") (requiring changes or alterations of conditions of any change of zone ordinance be processed in the same manner as a zone change, unless the council authorizes otherwise). Condition 12 of the Use Permit requires administrative approval for an initial time extension granted by the Planning Director(the"Director"). The Planning Department (the"Department") has requested that, if Applicant plans and expects to complete construction by or before January 12, 2027, then the i i 1 While the Ordinance applies to all four parcels in the subject,the Use Permit only applies to T1V K Nos. I (3)2-2-444: 032, 035 and 037 (hereinafter, collectively referred to as the"Property"or"Properties") Although the Use Permit was approved on January 12, 2017,Condition 2 states that: "[t]he effective date of this Use Permit shall be the effective date of Ordinance No. 12 111, as amended."Condition 2, pg. 1.Ordinance No. 17-24 was an amendment of Ordinance No. 12-111. Planning D -,, al t r