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Maile David, Council Chair and Members of the County Council County of Hawaii July 25, 2022 Page 2 The non-performance on timed conditions is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence. According to the applicant, the time extension is being requested because more time is needed to develop the assisted living facility and commercial/retail building. The delay in developing the property was due to the combined effects of the 2018 eruption of Kilauea Volcano and the COVID-19 pandemic, resulting in delays in County and State agency review processes and a general economic downturn affecting the applicant's ability to secure investors and funding. Based on the reasons provided it is determined that the applicant could not have foreseen the conditions which were beyond their control and was not the result of their fault or negligence. The applicant has worked diligently in completing and securing approval for the master plan, applying for subdivision approval and plan approval, and securing a parking variance. After securing the rezone time extension, the applicant will finalize subdivision improvements and secure building permits. Because the applicant is close to completing the project, the Planning Director recommends adding a condition to provide for an administrative time extension if additional time is needed beyond five years. Granting of the time extension amendments would not be contrary to the General Plan, Community Development Plan or Zoning Code. The original reasons for the approval of the change of zone are still applicable and the request is not contrary to these reasons. The zoning was originally approved in 1996 to provide additional land for commercial land uses in Hilo in close proximity to existing services. The applicant currently plans to construct a 120-bed assisted living facility and a commercial/retail building which are permitted uses in the Neighborhood Commercial (CN) zoning district with a Use Permit. The Housing Element of the General Plan encourages the construction of specially designed facilities or communities for elderly persons needing institutional care and small home care units for active elderly persons. The proposed assisted living facility will fulfill this need in the community and therefore is consistent with the General Plan. While the applicant's Master Plan was approved in 2021, the Planning Director recommends keeping Condition D in place should the development plans change prior to Final Plan Approval. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. The proposed request will not unreasonably burden public agencies to provide infrastructure and utilities to the property. The Department of Public Works and Department of Health had no concerns regarding the request. Access to the property is currently provided via an unimproved driveway on Kahaopea Street near Kanoelehua Avenue. This driveway is located just east of a road