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NIS OCT 1 Pf11 ? 27 September 25,2015 p'La`.\;11‘, : :;i '. ,:;'i'‘":1-11\11ENT �JlJUN I Y. \_/cr Hi,\1'uf'il) fV U ►� Brandi Beaudet 0 Leeward Planning Commission Q �` County of Hawaii z Dear Chairman Brandi Beaudet: Subject: Request for Amendments to Change of Zone Ordinance No. 04 56(REZ 1039) Applicant: Al ii Palms, LLC fka Lehua Lani,LLC TMK: 7-5-20: 71 & 72 SCD Alii Palms,LLC acting as agent for Alii Palms,LLC formally requests a 5-year time extension on Condition B of Change of Zone Ordinance No. 04 56. In addition,applicant respectfully requests amendments to Conditions J and V. CONDITION B Condition B of the abovementioned Change of Zone Ordinance required that Final Subdivision Approval be secured by May 27,2014. Applicant's amendment request cannot be processed administratively. The single 5-year administrative time extension for Condition B was granted in a letter from the Planning Department dated June 10,2010. Per the rezoning ordinance,a time extension may be granted based on the justifications provided for the below criteria. A. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. Alii Palms, LLC acquired the property in 2006 and worked diligently to gain Final Subdivision Approval. Tentative Subdivision Approval was granted by the County of Hawaii Planning Department the same year. In addition,applicant acquired the requisite Affordable Housing Credits to satisfy County of Hawaii's Affordable Housing Policy pursuant to Chapter 11,Article 1, HCC on June 1,2006. However,the project fell victim to the global recession. After being granted an administrative time extension, Alii Palms, LLC entered into a partnership agreement with SCD Alii Palms,LLC to develop the 58 single-family unit project. SCD Alii Palms,LLC submitted the project's Final Plat Map on May 19,2014 and received a Letter of Acknowledgment on May 29,2014. Further,applicant submitted approved construction plans to the County of Hawaii Planning Department in May of 2014. Per the Change of Zone Ordinance,applicant was required to construct the project's drainage improvements to obtain Final Subdivision Approval. In an effort to secure Final Subdivision Approval prior to May 27,2014, SCD Alii Palms, LLC worked in good faith with the Planning Department to bond the project's drainage improvements as well as its fair share contribution. However,we were unable to work through the details prior to the Final Subdivision Approval deadline. Except for the aforementioned,all performance conditions required under the Change of Zone Ordinance have been satisfied. Planning Dept. Exhibit_