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L. An annual progress report shall be submitted. <br /> The last annual report was timely filed, and the Department acknowledged its <br /> acceptance on July 29, 2020. The Applicant intends to fide the reports until the <br /> project has been completed. <br /> M. This discusses the time extension option. <br /> As noted earlier, a time extension was requested and approved Inasmuch as <br /> the Applicant cannot complete the project before September 1, 2021, it is <br /> requesting an extension, a process will require County Council review and <br /> approval. This is the purpose of this application. <br /> IV. RESTATEMENT OF REQUEST <br /> Condition C required completion of the project within five (5)years from the <br /> effective date (September 1, 2011)of the request and, if needed,an initial extension <br /> (September 1,2021). This condition cannot be complied with before September 1, <br /> 2021. <br /> As such,the Applicant is requesting a 5-year time extension from the effective date <br /> of the amended rezoning ordinance to complete the project. <br /> V. JUSTIFICATION OF REQUESTS <br /> Condition M of the rezoning ordinance (Ord. 11 73)outlined three (3) criteria <br /> whereby a time extension may be considered. These criteria and their justification <br /> for both extension requests follow. <br /> A. The non-performance is the result of conditions that could not have been <br /> foreseen or are beyond the control of the applicant, successors or assigns, and <br /> that are not the result of their fault or negligence. <br /> As noted earlier,the Applicant had entrusted the responsibility to subdivide to <br /> a family member. Unfortunately, the family member was consumed with its <br /> coffee farm,resulting in the need for the initial administrative time extension. <br /> Since then,however,the family member retained the services of a surveyor <br /> and continued to make its water commitment deposit. <br /> Regrettably, the surveyor moved, and the family member began its search for <br /> a new surveyor. In spite of the Covid-19 pandemic, Wes Thomas Associates <br /> was retained, and the project gained steam. The proposed subdivision map <br /> was prepared, and tentative approval was secured on November 27, 2020. <br /> An engineer(Inaba Engineering, Inc.) was then retained to prepare the <br /> appropriate construction plans. Those plans are currently being developed. <br /> 4 <br />