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J M LEONARD PLANNING, LLC 1100 Ainalako Road•Hilo, HI 96720 •Tel(808) 896-3459 •E-mail:jmleonard@mac.com October 28, 2015 Mr. Duane Kanuha, Director 0z County of Hawaii Planning Department `= 101 Pauahi Street Hilo, Hawaii 96720 SUBJECT: CHANGE OF ZONE ORDINANCE NO. 99-36 m APPLICANT: KENNETH K. LEONG TRUST —z -� REQUEST: TIME EXTENSION TO CONDITION C (SECURING FINAL SUBDIVISION APPROVAL) TAX MAP KEY: (3) 7-4-004: 033 Dear Mr. Kanuha: On behalf of the Kenneth K Leong Trust, the Applicant and owner of the subject property, I am submitting the following request for a time extension to the referenced condition of the Change of Zone Ordinance in so that the Leong family can complete the requirements for and obtain Final Subdivision approval for the Trust property. The subject property, consisting of 4.201 acres, was rezoned in 1999 from Agricultural 5- acres (A-5a) to Family-Agriculture 1-acre (FA-la) with the specific goal of subdividing the property into three agricultural lots so that Mr. Leong, as part of his estate planning, could bequeath the resulting lots to his three daughters. A copy of the Change of Zone ordinance (Ordinance No. 99-36) is attached for reference as Exhibit A. In 2009, following Mr. Leong's passing, the property was transferred to the Kenneth K. Leong Trust, which includes as one of its directives, the completion of the pending subdivision and the transfer of the resulting lots to Mr. Leong's daughters. The rezoning ordinance included a number of conditions, two of which; Conditions B and C, were time sensitive. Condition B required payment of the water commitment fee to the Department of Water Supply (DWS), receipt of which was acknowledged with the Department of Water Supply's letter of January 24, 2002 that confirmed the receipt of the water commitment deposit for the proposed subdivision and extended the time for water commitment to January 31, 2005. Subsequent deposits have been made to the Department of Water Supply that extend the time of water commitment to January 31, 2017. Copies of the DWS water commitment letters acknowledging the time of water commitments are attached for reference as Exhibits B1 through B4. Condition C of Ordinance No. 99-36 required that Final Subdivision of the proposed subdivision be secured from the Planning Director within five (5)years from the effective date of the Change of Zone Ordinance (effective date: March 15, 1999), that is by March 15, 2004. An administrative extension of time was granted by the Planning Director by his letter of January 26, 2004, which extended this date to March 15, 2009. A copy of this letter is attached for reference as Exhibit C. While tentative subdivision for the-tic`