PD BACKGROUND REPORT (PL-REZ-2022-021)

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Law Offices of Yeh & Kim Dean Au, Windward Planning Commission Chair March 15, 2022 Page 2 time extension requests under the Use Permit and the Ordinance be submitted separately. Applicant does plan and intend to complete construction in this time frame.3 If granted, the requested time extension would extend the deadline for completion of the project under the Ordinance to April 20, 2027. This is Applicant's first request for a time extension to complete the proposed project under both the Ordinance or the Use Permit. Previous development plans for the subject property under prior owners did not contemplate the development of an assisted living facility that is now planned for the site. A description of the general status of the project and reasons for this instant request follow. GENERAL STATUS OF PROJECT DEVELOPMENT Since March 11, 2019, the Applicant, Hilo Senior Investments LLC, has been an active registered foreign limited liability company in good standing with the Hawaii Department of Commerce and Consumer affairs ("DCCA"). Its principals are PSC West Coast Investments LLC and John Dewald. Hilo Senior Investments LLC is the current fee owner of the Subject Properties. Applicant's predecessor RhodesMoore, LLC, which specializes in senior care developments, was an affiliated entity and the original Applicant on the both requests for a use permit and an amendment to the zoning ordinance. Ordinance Approval and Conditions The Ordinance, effective as of April 20, 2017, amended Ordinance No. 12-111, which amended Ordinance No. 99-116, which amended Ordinance No. 96-159, which amended Sec. 25-8-33 (City of Hilo Zone Map), Art. 8, Ch. 25 (Zoning Code) of the HCC 1983 (2016 ed., as amended) (formerly Sec. 25-114, City of Hilo Zone Map, Art. 3, Ch. 25), by changing the district classification from Single Family Residential - 10,000 square feet(RS-10) to Neighborhood Commercial - 7,500 square feet (CN-7.5) as applicable to the Properties. The timeline to fulfill all of the requirements and conditions of the Ordinance is contained in Section"C" and is directly tied to obtaining Final Subdivision approval, as follows: C. Final Subdivision Approval of the proposed consolidation/ resubdivision of the subject property shall be secured within five (5) years from the effective date of this amended ordinance. The subdivision plans shall delineate a 10-foot-wide road widening strip along the Kahaopea Street frontage. Additional related requirements of the Ordinance include: 3 To achieve cohesion and consistency, Applicant has requested that the Use Permit completion deadline continue to be synchronized with the requested COZ Ordinance deadline of April 20, 2027. Nonetheless, Applicant fully plans and intends and has the ability to complete construction by January 12, 2027.