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BAliiPalnisAmendREZSMA.mjj 5/16/16 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT ALI`I PALMS,LLC(FORMERLY LEHUA LANI,LLC) AMENDMENT TO CHANGE OF ZONE ORDINANCE NO.04-56(REZ 1039) AMENDMENT TO SPECIAL MANAGEMENT AREA USE PERMIT NO.441 (SMA 441) ALM PALMS,LLC has submitted an application requesting to amend Condition B (time extension to secure subdivision approval), Condition J (drainage improvements)and Condition V(fair share payment)of Change of Zone Ordinance No.04-56,and Condition No.4 (time extension to secure subdivision approval) and Condition No. 6(drainage improvements)of SMA Use Permit No.441 (SMA 441). In 2004,the property was rezoned from Agricultural- 5 acres(A-5a)to Single Family Residential-7,500 square feet(RS-7.5) and SMA Permit No. 441 was issued to allow the development of a 58-unit single family residential house and lot subdivision and related improvements. The property is located along the east(mauka)side of Alii Drive,between the Alii Lani Condominium and the Alii Garden Marketplace and across from the Kona By the Sea and Kona Riviera Villas condominium complexes,Puapua'a 2°d, North Kona,Hawaii,TMK: 7-5-020:071 and 072. APPLICANT'S REOUEST 1. Proposed Amendments and Reasons for Request: The applicant is requesting to amend Conditions B,J and V of Change of Zone Ordinance No. 04-56 and Conditions 4 and 6 of SMA 441. Condition B and 4-Condition B of the ordinance is identical to Condition 4 of the SMA permit. It states: "Final subdivision approval shall be secured within five(5)years from the effective date of this ordinance." The applicant is requesting a 5-year time extension to comply with Conditions B and 4 in order to secure Final Subdivision Approval. The previous administrative time extension expired on May 27, 2014. The applicant acquired the property in 2006 and secured -1-