USE PERMIT 99 (92_001)_v1 - Laserfiche WebLink

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Approval of this amendment request would not be contrary to the General Plan or the Zoning Code. The amendment to Condition Nos. 4, 5 & 7 would not be contrary to the original reasons for granting the Use Permit. The request would be consistent with the Land Use Element of the General Plan which states "Designate and allocate lands in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County„ and to "Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment." The granting of this request at this particular location will provide a convenient service to the growing residential community while maintaining the residential community and the residential character of the area. The property is zoned Urban and Single-Family Residential (RS-10), which allows a church as a permitted use if approval is received by the Planning Commission. Approval of Use Permit No. 99 was originally granted by the Planning Commission on March 24, 1992. Lastly, since the original approval and the amendment approval, the South Kohala Community Development Plan was adopted by Ordinance No. 08 159 on December 1, 2008. The church and requested amendment is consistent and not contrary with the policies and objectives of the plan. The inability of the applicant to comply with the requirements of Condition No. 4, 5 and 7 of Use Permit No. 99 is the result of conditions which could not have been foreseen or are beyond the control of the applicant. Delays in constructing the project were due to the severe economic conditions that could not have been foreseen and was beyond the control of the applicant. The Waikoloa Baptist Church Association has received a substantial donation from one of its members that will allow them to proceed with the remainder of the development. The applicant is requesting time extensions for Condition Nos. 4, 5 & 7 to complete construction of the remainder of the development. The approval of the amendment requests will allow the applicant to complete the remainder of the development as originally envisioned by the applicant and approved by the Planning Commission.