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request, conditions of the ordinance and a subsequent subdivision request have been <br /> largely incomplete, with the deadline to secure Final Subdivision Approval by November <br /> 8, 2014. Moreover, other than the real properties, the Trust has no assets and is <br /> financially unable to complete conditions of the entitlements. Finally, the legal terms of <br /> the Trust require the parcels to be consolidated and resubdivided into two lots, to provide <br /> a forty(40) acre parcel to Mr. Hester's surviving spouse, which would include the <br /> residence, with the remaining acreage as one parcel. Based on the preceding, the Planning <br /> Director has agreed to initiate the repeal of the subject ordinance in its entirety, which <br /> will revert the zoning of the parcels to A-20a, which would facilitate the required <br /> consolidation/resubdivision action. <br /> 3. Landowner: Ellis Jacob Hester Trust. <br /> 4. Supporting Information: (Planning Department Exhibit 3—Reversion request letter <br /> and copy of the trust document from Successor Trustee Gregory Pile dated <br /> September 22, 2021) <br /> BACKGROUND INFORMATION <br /> 5. November 8, 2004: Effective date of Change of Zone Ordinance 04 120 which <br /> reclassified two (2)parcels totaling 171.782 acres of land from A-20 to APD (Planning <br /> Department Exhibit 4- Ordinance No. 04 120). <br /> 6. July 9,2007: Application date for Subdivision 07-000598 for the "Ka'u Agricultural <br /> Lots Subdivision" for a total of 17 lots. <br /> 7. March 3, 2010: The Planning Director granted a five (5)-year administrative time <br /> extension to November 8, 2014, to secure Final Subdivision Approval. <br /> 8. October 28, 2010: Tentative Subdivision Approval (TSA) granted by the Planning <br /> Department with a November 8, 2014, deadline to complete the subdivision. <br /> 9. August 12, 2013: The Planning Director granted a two (2)-year time extension for the <br /> applicant to complete requirements of TSA by October 28, 2015. <br /> STATE AND COUNTY PLANS <br /> 10. State Land Use Designation: Agricultural. <br /> 11. General Plan LUPAG Map: Important Agricultural Land (IAL). <br /> 12. County Zoning: Agricultural Project District(APD). <br /> —2— <br />