COM 0159.000 2010-2012 - Laserfiche WebLink

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! e Ms. Bobby Jean Leithead Todd Page 4 of 5 JUSTIFICATION FOR THE REQUESTED TIME EXTENSION The applicant respectfully requests consideration of the following reasons for allowing the time extension. 1. The applicant's inability to perform within the five year period was a result of conditions that could not have been foreseen or were beyond the control of the applicant and not attributable to the applicant's negligence. The applicant purchased the property in late 2005, approximately two years into the performance period. Unfortunately, significant economic hardships of the last few years coupled with its focus on the PUD, needed improvements to Holualoa Inn, and an evaluation of the commercial area have resulted in the inability to meet the construction deadline. The effects of the economic downturn were beyond the applicant's control and not due to its negligence. This pause, however, has permitted the applicant to re- examine development of the commercial area and to make positive adjustments for its future use. The applicant anticipates constructing the facility within three years from receiving approval of the time extension amendment under current conditions. 2. Approval of the time extension /amendment request would not be contrary to the General Plan and Zoning Code. Since the rezoning was approved in 1991, there have been no changes to the General Plan that would affect the property. Similarly, the Zoning Code has not been amended in a manner that would impact the property's commercial zoning. All new improvements will be consistent with current Zoning Code standards, such as setback, height, parking and landscaping. 3. Approval of the time extension /amendment request would not be contrary to the original reasons for granting the rezoning. In its recommendation for approval of Ordinance No. 03 -162, the Council's Committee on Planning Report No. 62 (attached Appendix C) concurred with the recommendation of the Planning Commission and Director by finding that the request to amend Conditions B and C would not be contrary to the original reasons for approving the commercial zoning. Approval of the subject request for a three (3) year time extension to construct the facility would be consistent with the 2003 and 1991 reasons for granting the commercial zoning. The reasons for approving the commercial zoning are valid today. Time has demonstrated that the commercial -zoned area is and will continue to be an important adjunct to the Holualoa Village center. As mentioned previously, Holualoa Inn has partnered to provide one of the venues for Village activities.