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RHiloSeniorinvestmentsREZAmend.6.8.2022 <br /> COUNTY OF HAWAII PLANNING DEPARTMENT <br /> RECOMMENDATION <br /> HILO SENIOR INVESTMENTS,LLC (FORMERLY ISLAND HERITAGE VENTURES, <br /> LLQ <br /> AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 17 24 (PL-REZ-2022-000021) <br /> Upon review of the request, the Planning Director recommends that a favorable <br /> recommendation to amend Condition C (time to secure final subdivision approval) of Change <br /> of Zone Ordinance No. 17 24 be forwarded to the County Council. Since this recommendation is <br /> made without the benefit of public testimony,the Director reserves the right to modify and/or <br /> alter this position based on additional information presented at the public hearing. This favorable <br /> recommendation is based on the following findings: <br /> The applicant is requesting an amendment to Condition C (Time to Secure Final <br /> Subdivision Approval) of Change of Zone Ordinance No. 17 24, which rezoned <br /> approximately 7.402 acres of land from Single-Family Residential-10,000 Square Feet <br /> (RS-10)to Neighborhood Commercial-7,500 Square Feet(CN-7.5). The applicant is <br /> specifically requesting a five(5)-year time extension to Condition C to secure Final <br /> Subdivision Approval. <br /> The non-performance on timed conditions is the result of conditions that <br /> could not have been foreseen or are beyond the control of the applicants, successors <br /> or assigns, and that are not the result of their fault or negligence. According to the <br /> applicant, the time extension is being requested because more time is needed to develop <br /> the assisted living facility and commercial/retail building. The delay in developing the <br /> property was due to the combined effects of the 2018 eruption of Kilauea Volcano and <br /> the COVID-19 pandemic, resulting in delays in County and State agency review <br /> processes and a general economic downturn affecting the applicant's ability to secure <br /> investors and funding. Based on the reasons provided it is determined that the applicant <br /> could not have foreseen the conditions which were beyond their control and was not the <br /> result of their fault or negligence. <br /> The applicant has worked diligently in completing and securing approval for the <br /> master plan, applying for subdivision approval and plan approval, and securing a parking <br /> 1 <br />