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Law Offices of Yeh & Moore A Limited Liability Law Company September 23, 2016 Wage 3 Property, whichever occurs first. See Condition"D", p. 3. Applicant is requesting that the LOMR requirement be replaced with the requirement that Applicant obtain a CLOMR (Conditional Letter of Map Revision") rather than a LOMR prior to securing final subdivision approval or final plan approval for the Property, whichever occurs first. CLOMR approval will allow Applicant to proceed to construct drainage improvements in conjunction with the development of the ALF facility and develop the ALF site. Once the ALF site work and related drainage improvements are completed, at that point LOMR approval will be obtained based on the completed work. Request is also made to extend the August 10, 2017 deadline to obtain final subdivision approval or final plan approval for five (5 )years (Condition"C"). Background Information Ordinance No. 96159 Change of Zone Ordinance No. 96 159 was approved on December 5, 1996 on behalf of Graphic Images Hawaii, LLC ("GIH"), Finance Holdings, LTD ("Finance Holdings") and Tri- Electric, Inc. ("Tri-Electric"). Tri-Electric requested to rezone the Property from Single Family Residential - 10,000 square feet (RS-10)to Neighborhood Commercial - 7,500 square feet(CN-7.5) zoning district. The approval of the change of zone request was originally intended so that the developer at that time could consolidate and re-subdivide the Property into lots ranging from approximately 7,500 to 50,000 square feet in size and develop a mix of single-family and multiple- family residential uses as well as a small commercial area and community center. See Planning Department Background Report to GIH's Amendment Request to Change of Zone Ordinance No. 99 116 (REZ 840), dated January 26, 2012 ("2012 Background Report") for history of zoning amendments. Ordinance No. 12111 Change of Zone Ordinance No. 12 111 was most recently approved on August 10, 2012 on behalf of GIH to amend Condition"C" of Ordinance No. 99 116 relating to: extending the time to secure final subdivision approval and to reflect the standard language, at that time, for conditions of approval. In 2005,the Planning Director granted a five-year administrative time extension to October 22, 2009 to comply with Condition"C". GIH requested the extension of time so as to obtain final approval from DOT of the entry from Kanoelehua Avenue. At that time, GIH was planning to develop the property with approximately 38,000 square feet of general retail space, a gas station with six fuel pumps and convenience store, and an approximately 4,000 square foot fast-food restaurant with drive-through. The plan allowed for five building sites with related parking. Access to the Property was to be via Kanoelehua Avenue for ingress only and Kahaopea Street for ingress and egress.