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Stacy Higa, Chairman and Members of the County Council Page 2 C. Construction of the proposed improvements shall commence within one (1) year from the date of receipt of final plan approval and be completed within two years thereafter." Ordinance No. 86 49 was approved on June 2, 1986 and amended the district classification from Multiple-Family Residential (RM-2) to Village Commercial (CV-7.5). Ordinance No. 86 49 was superseded by Ordinance No. 90 010, effective February 13, 1990. Although the prior applicants obtained Final Plan Approval of the original project on June 2, 1993 and commenced construction, the development has since been abandoned. Following the February, 2005 purchase of the property by the current applicant, the original project concept of a commercial/multiple-family residential development has been amended by deleting the commercial component and proposing approximately 146 multiple-family residential units. The Kumalani project also includes lands rezoned in Ordinance No. 95 118. As a result of the consolidation of the prior parcels into the current parcel (TMK: 7-5-10: 13) consisting of approximately 6.563 acres, Ordinance No. 95 118 (formerly Ordinance No. 92 36) and Ordinance No. 90 010 (formerly Ordinance No. 86 49) are considered a consolidated project with similar time- related conditions. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant(s), successors or assigns, and are not the result of their fault or negligence. Final Plan Approval was secured and construction had commenced on the original project, but the development has been abandoned. The current applicant purchased the property in February 2005 and the commercial component of the project has been deleted. Instead, 146 multiple-family residential units are proposed for the project site. Granting of the time extension would not be contrary to the General Plan or Zoning Code. The General Plan LUPAG Map designates the area as Medium Density Urban. The property is zoned Village Commercial (CV-7.5), which allows for multiple family residential uses (1,250 square feet of land area per unit). The CV zoning is consistent with the existing General Plan designation for this area. All essential utilities and services are available to the site. Compliance with all other conditions of Ordinance No. 90 010 is still required. Based on the above findings, the proposed amendment to Conditions B and C of Ordinance No. 90 010 is not contrary to the original reasons for approving the Change of Zone. In addition, the Planning Director is recommending that existing conditions in the