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Dr. Holeka Goro Inaba, Council Chair and Members of the County Council December 22, 2025 Page 2 The Commission concurred with the Planning Director's following reasons for a favorable consideration of the request. Criteria for granting the favorable recommendation are shown below in bold print. The applicants, Ernest and Elizabeth Young, have submitted an application for a 5-year time extension to Condition C (Time to Secure Final Subdivision Approval) and to delete Condition H (Prohibition of Second Dwelling) of Change of Zone Ordinance No. 21-40, which amended Change of Zone Ordinance No. 04-149, which rezoned 1.8629 acres of land from Agricultural-5 Acres (A-5a) to Single -Family Residential-20,000 Square Feet (RS-20) zoning district. The applicants purchased the property in 2016 and have been working toward complying with conditions of the change of zone ordinance and tentative subdivision approval. However, as the applicants will need more time to complete the remaining conditions, they are requesting a time extension to Condition C. Regarding the request to delete Condition H, following the passage of County Council Bill 123, which allows the development of up to 3 accessory dwelling units (ADUs) per lot in the RS zoning district, the applicants would like to remove the prohibition of the construction of a second dwelling in order to build ADUs on the proposed lots and offer them for rent. 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. The previous landowner, Lillian Mahi, received approval for a State Land Use Boundary Amendment and Change of Zone for the subject parcel in 2004. At the time, the applicant proposed to subdivide the subject parcel into 3 lots at least 20,000 square feet in size. Despite initiating the subdivision. process in 2005, Ms. Mahi was unable to complete the requirements of tentative subdivision approval by the time she passed away in 2008, and the property was subsequently sold. The current applicants purchased the property in 2016 and have stated the need for more time to comply with conditions of the change of zone ordinance and tentative subdivision approval. Based on the preceding, the Director recommends amending Condition C to allow a 5-year time extension, in addition to adding updated standard language regarding tolling for government agency review. 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. 04-149 and amended Ordinance 21-40 have not changed. The current applicants intend to develop the property by creating a 3-lot subdivision consistent with the RS-20 zoning district. Condition D (Access) was amended with the approval of Ordinance 21-40 to require that access to proposed lots be taken solely from Mahilani Drive, and as required by the State Department of Transportation (DOT), that the applicants remove the existing