COM 0742.000 2020-2022 - Laserfiche WebLink

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BPDInitiatedHesterRepealREZ.crk.2.7.2022 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT PLANNING DIRECTOR INITIATED REQUEST TO REPEAL CHANGE OF ZONE ORDINANCE NO. 04 120 The Planning Director has initiated the repeal of Change of Zone Ordinance No. 04 120 and amendment to Section 25-8-28 (Ka`u District Zone Map), Chapter 25, Article 8, of the Hawaii County Code 1983 (2016 edition, as amended), by reverting the current zoning of the subject properties from Agricultural Project District(APD) to their original Agricultural 20-acres (A-20a) zoning district for 171.782 acres of land. The rezone area, consisting of two (2)parcels, is located at 96-3090 Meyer Road, approximately 1.5 miles northwest (mauka) of Hawaii Belt Road, Palima & Pa`auau, Ka`u, Hawaii, TMKs: (3) 9-6-005:018 & (3) 9-6-006:004. PLANNING DIRECTOR'S REQUEST 1. Request: The Planning Director is initiating a request to repeal Ordinance No. 04 120 in response to a written request dated September 22, 2021, which was submitted by Gregory Pile, successor trustee of the Ellis Jacob Hester Trust and owner of the subject parcels, to satisfy the requirements of the Trust upon the passing of Mr. Hester. The repeal would revert the zoning of the two (2)parcels totaling 171.782 acres of land to their original A-20a zoning designation from the current APD zoning designation. Requirements for establishing a land use in both zoning districts, including lists of the variety of permitted uses, are shown in Section 25-5-70 to 25-5-77 (Agricultural) and Section 25-6-50 to 25-6-59.2 (APD) of the Zoning Code. (Planning Department Exhibit 1-Zoning Code Requirements for the Agricultural District and Planning Department Exhibit 2- Zoning Code Requirements for the Agricultural Project District). 2. Reasons for the Request: According to the request, Mr. Hester died on August 8, 2020, at which time his Trust became irrevocable. In the course of administering the Trust, Mr. Pile discovered the subject change of zone Ordinance No. 04 120 to APD for the purposes of subdividing the property into twenty-five (25) lots, from five(5)to twelve (12) acres in size and to allow for deviations from the standard roadway and water infrastructure requirements related to the proposed development. According to the -1-