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Mr. Paul Bleck <br /> Page 3 <br /> The inability of the applicant to comply with the requirements of Condition No. 4 <br /> and Condition No. 5 of Use Permit No. 99 is the result of conditions which could not <br /> have been foreseen or are beyond the control of the applicant. Delays in constructing the <br /> project were due to a change in staff at the Waikoloa Baptist Church, which has caused <br /> delays in organizing the project and with the follow-up. Additionally, funding has not <br /> been available to build all the components in the time frame originally set. To date the <br /> applicant has spent over$260,000 on the construction of the project, all of which as been <br /> donated. These events could not have been foreseen and are not the result of their fault or <br /> negligence. <br /> The applicant is requesting time extensions for Condition No. 4 and Condition <br /> No. 5 to obtain Final Plan Approval and to commence and complete construction of the <br /> remainder of the development. The approval of the amendment requests will allow the <br /> applicant to complete the remainder of the development in a timely manner. <br /> Based on the above, it is recommended that the request for amendment to Condition <br /> No. 4 and Condition No. 5 be approved. <br /> Approval of this amendment is subject to the following conditions (new material is underscored <br /> and deleted material is bracketed): <br /> l. The petitioner, its successors or assigns shall be responsible for complying with <br /> all conditions of approval. <br /> 2. Final Plan Approval for Phase I and related improvements shall be secured from <br /> the Planning Department within one year from the effective date of this permit. <br /> To assure adequate time for plan approval review in accordance with Chapter [2-5- <br /> 244]25-2-72 (Zoning Code), plans shall be submitted a minimum of forty-five <br /> days prior to the date by which plan approval must be secured. Detailed <br /> landscaping, parking, and interior traffic circulation patterns shall be included on <br /> plans submitted. <br /> 3. Construction of Phase I shall commence (building permit) within one year from <br /> the date of receipt for Final Plan Approval and shall be completed within two <br /> years thereafter(certificate of occupancy). <br /> 4. Final Plan Approval for [Phmse-H]the remainder of the development and related <br /> improvements shall be secured.from the Planning Department within two (2) <br /> years from the [date ^^mplet e ..fR, ase r] effective date of this amendment. <br /> To assure adequate time for plan approval review and in accordance with Chapter <br /> [2-5�]25-2-72 (Zoning Code),plans shall be submitted a minimum of forty-five <br /> days prior to the date by which plan approval must be secured. Detailed <br />