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represent the interests of the Trust, the Planning Director will proceed with the processing <br />of the amendment request in deference to the original authorization for the change of <br />zone by Tri -Electric, Inc. and the fact that Margaret Hirose, a successor trustee, has never <br />expressed any position that would convey the desire of the Trust to not preserve the rights <br />and privileges granted by the change of zone upon the affected properties, including <br />Parcel 3. Consideration of this request by the Windward Planning Commission will at <br />least give both Graphic Images Hawaii, Inc., and the successor trustee(s) for Parcel 3, the <br />opportunities to pursue the privileges afforded by the CN -7.5 zoning of the affected <br />properties. <br />PROPOSED ACTION <br />4. Applicant's Request and Reasons for Request: The applicant requests the following <br />amendments to Conditions C, H and I of Ordinance No. 99 116: <br />a. Time extension to secure final subdivision approval: The applicant is requesting a <br />5 -year time extension to comply with Condition C, which required that Final <br />Subdivision Approval for consolidation and re -subdivision of the subject property <br />be secured within five years from the effective date of the ordinance, or by <br />October 22, 2004. In 2005, the Planning Director granted a five-year <br />administrative time extension to October 22, 2009 to comply with Condition C. <br />On November 2, 2009, the applicant submitted a request to amend Ordinance No. <br />99 116, including a time extension to comply with Condition C. However, the <br />application was deemed incomplete and returned because it did not include a <br />Traffic Impact Analysis Report (TIAR) meeting with the concurrency <br />requirements of the Hawaii County Code. <br />According to the applicant, the time extension is being requested because the <br />applicant "needs additional time to obtain final approval of the entry from <br />Kanoelehua Avenue. The plans have been under discussion with the State <br />Department for Transportation (DOT) for several years. The layout on the Site <br />Plan appears to be acceptable in concept to the DOT, but final construction plans <br />need to be submitted for review and approval". <br />-2- <br />