COM 0081.000 2016-2018 - Laserfiche WebLink

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Law Offices of Yeh &Moore A Limited Liability Law Company September 23, 2016 Page 4 Since then, the Applicant has prepared a plan for the development of the proposed ALF, as described. Reasons for Instant Requests Applicant is proposing construction of the ALF in order to provide badly needed assisted living opportunities for East Hawaii. This proposed use will serve to fill a need for elderly care facilities. Applicant is requesting a time extension of five (5)years in which to complete the performance of Condition"C" of the Ordinance. Related Conditions are tied to development of the Project, which would coincide with obtaining final plan approval or final subdivision approval. Applicant's instant request is consistent with the criteria provided in Section "P" of the Ordinance in that the nonperformance of Applicant is the result of conditions that could not have been foreseen or are beyond the control of Applicant and not due to the fault or negligence of Applicant. Instead, Applicant's ability to proceed with the Project as envisioned has been due to the combined effects of Applicant's pending purchase of the Property, its developmental plans which materially differ from those of its predecessor, and the existing LOMR, issued September 25, 2014, effective February 9, 2015, obtained by GIH, which does not include engineering plans with regard to constructing the access driveway along the Awapuhi extension. These events were not within Applicant's control. Applicant proposes that final subdivision approval and final plan approval be issued after a CLOMR is obtained for the required drainage improvements. The granting of the time extension would not be contrary to the General Plan or Zoning Code. Likewise, granting the time extension would not be contrary to the original reasons for the granting of the change of zone request, as well as the character of the area. The Ordinance was approved, partially, on the basis that the zoning change and State land use district reclassification were appropriate given the recent zoning changes and district boundary amendments in the vicinity, at the time of Applicant's predecessor-in-interest's initial application, and the General Plan designation of the Property. The proposed use was and is consistent with surrounding areas of the Property. Satisfaction of Concurrency Requirements Applicant will meet the concurrency standards required under the Hawaii County Zoning Code, §25-2-46 ("HCC") for roads, water supply and civil defense sirens, as follows.