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Valerie T. Poindexter, Council Chair and Members of the County Council County of Hawai`i Page 2 10 acres in size. The lots are intended to be used as residential/agricultural lots, one for each of the applicants. The applicants intend to construct a dwelling on each of the proposed lots. 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 effective date of Ordinance No. 05 66 was May 16, 2005, which required securing Final Subdivision Approval within five (5) years or by May 16, 2010. The applicants received an administrative time extension for an additional five (5) years or by May 16, 2015,but could not complete the conditions of approval. The applicants submitted a subdivision application in July of 2005 (SUB-05-000136). Condition 4 of the tentative subdivision approval required that access to the subdivision from Kaloko Drive be limited to one(1) location and improved according to Section 23-87 of the Hawai`i County Code and Department of Public Works Standard Detail R-39. The way the original subdivision was drawn, the common boundary was at a location with a significant grade change requiring 25-feet of fill to accommodate a common access, which was projected to cost of over$200,000. This was not financially feasible. Since that time, they have found that there are other less costly solutions such as re-configuring the lots so that their common boundary is at a location with a smaller grade change or the use of an interior access easement that will allow access for each lot. The subdivision application was withdrawn on August 27, 2014 at the applicants' request. The applicants are now in a position to resubmit the subdivision application. Approval of this request would not be contrary to the General Plan or Zoning Code nor the original reasons for granting the Change of Zone. The original reasons for the approval of the change of zone are still applicable and the request is not contrary to these reasons. There have not been any significant changes to the General Plan or Zoning Code for this area since the subject rezone approval in 2005. At that time the General Plan LUPAG Map designation for the property was the same as it is today, Important Agricultural Lands. These are designated lands with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. Additionally, there have been three (3) other parcels in the area reclassified from A-20a to A-10a since the approval of this rezoning in 2005.