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} The Honorable J Yoshimoto, Chairman and Members of the County Council Page 2 The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the request: Change of Zone Ordinance No. 03-109 was approved by the County Council to change the district classification from Single Family Residential (RS-10) to Industrial- Commercial Mixed (MCX-20) for TMKs: 2-2-050: 037 & 038. The effective date of the ordinance is July 9, 2003. The original applicant (HAKS, INC) proposed to construct two (2) warehouse buildings; one building for storage and the other building was to be used for a combination of retail/warehouse or other permitted industrial uses. The new applicant (Vince M. Kimura) is proposing to develop one new warehouse building, which will be the new location of Central Supply Incorporated that is currently located on Maka`ala Street. The applicant has submitted a request for a 5-year time extension to comply with Condition C of Change of Zone Ordinance No. 03-109 (REZ 1018), which states: "Construction of the proposed development shall be completed within five(5) years from the effective date of this ordinance. Prior to the start of construction, Final Plan Approval for the proposed development shall be secured from the Planning Director in accordance with the Zoning Code. Plans shall identify proposed structures, fire protection measures, paved driveway and parking stalls, common access easement, and other improvements associated with the proposed development. Landscaping shall be indicated on the plans for the purpose of mitigating any potential adverse noise or visual impacts to adjoining parcels. A continuous landscape buffer shall be provided along the entire northern property boundary. The landscaping shall be provided in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements)." The amendment request is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result of their fault or negligence. The applicant has indicated that the reason for non-performance is mainly due to unforeseen foundation issues that have required a change to the design of the project and has required additional work. These unforeseen issues have caused delays that have prevented the applicant from finishing the project by the deadline for compliance with Condition C. The applicant indicated that the plans have been submitted for review at this time. Based on the reasons provided, it is determined that the applicant could not have foreseen the foundation issues, which was beyond their control, and was not the result of their fault or negligence.