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

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RHiloSeniorinvestmentsREZAmend.6.82022 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION HILO SENIOR INVESTMENTS,LLC (FORMERLY ISLAND HERITAGE VENTURES, LLC) AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 17 24 (PL-REZ-2022-000021) Upon review of the request,the Planning Director recommends that a favorable recommendation to amend Condition C (time to secure final subdivision approval) of Change of Zone Ordinance No. 17 24 be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based on additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is requesting an amendment to Condition C (Time to Secure Final Subdivision Approval) of Change of Zone Ordinance No. 17 24,which rezoned approximately 7.402 acres of land from Single-Family Residential-10,000 Square Feet (RS-10)to Neighborhood Commercial-7,500 Square Feet(CN-7.5). The applicant is specifically requesting a five (5)-year time extension to Condition C to secure Final Subdivision Approval. The non-performance on timed conditions is the result of conditions that could not have been foreseen or are beyond the control of the applicants, successors or assigns, and that are not the result of their fault or negligence. According to the applicant, the time extension is being requested because more time is needed to develop the assisted living facility and commercial/retail building. The delay in developing the property was due to the combined effects of the 2018 eruption of Kilauea Volcano and the COVID-19 pandemic, resulting in delays in County and State agency review processes and a general economic downturn affecting the applicant's ability to secure investors and funding. Based on the reasons provided it is determined that the applicant could not have foreseen the conditions which were beyond their control and was not the result of their fault or negligence. The applicant has worked diligently in completing and securing approval for the master plan, applying for subdivision approval and plan approval, and securing a parking 1