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Aaron S.Y. Chung, Council Chair and Members of the County Council Page 2 The non-performance 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, Final Plan Approval and a building permit were issued in 2011. However, based on cost considerations and the economy just coming off of a recession, construction was delayed, and plans were abandoned. The applicant subsequently submitted revised building plans in 2013, but due to a misunderstanding with the Department of Public Works (DPW), a building permit was never issued. In 2014, DPW issued a site work grading permit and some site work subsequently occurred. However, misunderstandings between the applicant and the then contractor resulted in lengthy litigation between the parties and construction was suspended during that time. With the litigation resolved, a new grading permit was issued in 2019 and site work re -commenced. Upon receipt of this time extension approval, a new Final Plan Approval can be obtained, a new building permit can be finalized, and the applicant intends to complete the project within 24 months. Granting of the amendments would not be contrary to the original reasons for granting the change of zone. The reasons for granting the original change of zone under Ordinance No. 10 19 have not changed. The CN -20 zoning remains consistent with the LUPAG designation and goals, policies, and actions of the General Plan. The site is served by appropriate infrastructure such as water, wastewater, access, and essential utilities. There are no irresolvable geological or topographical problems which cannot be rectified, or which would render the land unusable. Since the subject parcel was rezoned, there has not been any significant land use regulatory changes in this area. The current zoning (CN -20) continues to be consistent with Medium Density Urban (MDU) designation in the General Plan's Land Use Pattern Allocation Guide (LUPAG) map, which allows for a "Village and neighborhood commercial and single family and multiple family residential and related functions (multiple family residential -- up to 35 units per acre). " The subject, one (1) -acre property is located on the east side of Komohana Street just north of the Alenaio drainage channel. It is irregular in shape, slopes very slightly to the east, and is located at an elevation of about 240 feet. The property was formerly planted in sugar cane but has been graded and is currently vacant of any structures or improvements. The CN zoning and proposed development is consistent with the mixed residential/commercial/medical office character of the surrounding neighborhood. The nearest residential uses are located in the Komohana Heights subdivision just beyond the Alenaio drainage channel, south of the property. The adjacent properties to the north are vacant and similarly zoned CN -20. Undeveloped lands to the west were rezoned in 2004 to the Wailani Project District. To the east are vacant lands zoned A -la and residential