HomeMy WebLinkAboutPD BACKGROUND REPORT (PL-PDI-2021-002) BPDlnitiatedHesterRepealREZ.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
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request, conditions of the ordinance and a subsequent subdivision request have been
largely incomplete,with the deadline to secure Final Subdivision Approval by November
8, 2014. Moreover, other than the real properties, the Trust has no assets and is
financially unable to complete conditions of the entitlements. Finally, the legal terms of
the Trust require the parcels to be consolidated and resubdivided into two lots,to provide
a forty (40) acre parcel to Mr. Hester's surviving spouse, which would include the
residence, with the remaining acreage as one parcel. Based on the preceding, the Planning
Director has agreed to initiate the repeal of the subject ordinance in its entirety, which
will revert the zoning of the parcels to A-20a, which would facilitate the required
consolidation/resubdivision action.
3. Landowner: Ellis Jacob Hester Trust.
4. Supporting Information: (Planning Department Exhibit 3 -Reversion request letter
and copy of the trust document from Successor Trustee Gregory Pile dated
September 22, 2021)
BACKGROUND INFORMATION
5. November 8, 2004: Effective date of Change of Zone Ordinance 04 120 which
reclassified two (2)parcels totaling 171.782 acres of land from A-20 to APD (Planning
Department Exhibit 4 - Ordinance No. 04 120).
6. July 9,2007: Application date for Subdivision 07-000598 for the "Ka`u Agricultural
Lots Subdivision"for a total of 17 lots.
7. March 3, 2010: The Planning Director granted a five (5)-year administrative time
extension to November 8, 2014, to secure Final Subdivision Approval.
8. October 28,2010: Tentative Subdivision Approval (TSA) granted by the Planning
Department with a November 8, 2014, deadline to complete the subdivision.
9. August 12, 2013: The Planning Director granted a two (2)-year time extension for the
applicant to complete requirements of TSA by October 28, 2015.
STATE AND COUNTY PLANS
10. State Land Use Designation: Agricultural.
11. General Plan LUPAG Map: Important Agricultural Land (IAL).
12. County Zoning: Agricultural Project District(APD).
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13. Ka`n Community Development Plan: The Ka`u CDP was adopted by Ordinance No.
66 on October 17, 2017. The official CDP Land Use Policy Map designates the subject
rezone area as Important Agricultural Lands.
14. Special Management Area (SMA): The project site is located approximately six(6)miles
from the shoreline and not within the County's Special Management Area(SMA). The
SMA is a part of the Coastal Zone Management Program regulated by the County.
DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA
15. Subject Properties: The project site consists of two contiguous parcels located
approximately 0.6 miles mauka of Pahala in an area formerly known as Meyer Camp.
Meyer Camp, as well as other camps in the general area, were abandoned and demolished
by the plantation in the 1960's. There is an existing dwelling, equipment storage building,
agricultural water tanks and a reservoir located on TMK: (3) 9-6-005:018. The properties
are located approximately six (6)miles from the ocean at an elevation of 1,300 - 1,900
feet. At the time of the change of zone,the subject site had a variety of farm crops on
approximately ten (10) acres,however,the entire site was formerly planted in sugar cane.
There is a gradual 10 to 15 percent slope towards the ocean. Located within TMK: (3) 9-
6-005:018 is parcel 47, a County-owned parcel approximately 4,487-square feet in size.
Located within TMK: (3) 9-6-006:004 is parcel 21, another County-owned parcel
approximately 871 square-feet in size. These two County-owned parcels were not part of
the rezoning. The applicant proposed a total of 25 lots as part of their rezone request,
however a condition of approval limited the subdivision to 17 lots.
16. Surrounding Zoning/Land Uses: Lands surrounding the properties are zoned
Agricultural (A-20a). Land use in the area is generally in transition from one form of
agriculture to another. Properties surrounding the site are planted in macadamia or
eucalyptus trees. Fallow lands lie makai of the properties.
17. U.S.D.A. Soil Type: Moaula (MoC and MoE) and Na`alehu Series (NaC). The Moaula
and Na`alehu series consist of well-drained silty clay loams. For the Moaula series,
permeability is moderately rapid, runoff is slow, and the erosion hazard is slight. For the
Na`alehu Series, permeability is moderately rapid, runoff is medium, and the erosion
hazard is moderate.
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18. Land Study Bureau's Productivity Rating: "B" or"Good" (TMK: (3) 9-6-006:004)
and"B" and"C" or"Fair" (TMK: (3) 9-6-005:018).
19. ALISH: Prime Agricultural Land and Other Important Agricultural Land.
20. FIRM: Flood Zone "X", an area of minimal flood hazard.
21. Flora/Fauna Resources: There were no professional surveys conducted of the floral or
faunal resources of the site, as the site was extensively planted in sugar cane in the past.
The flora of the uncultivated portions of the site is dominated by fallow sugar cane and
non-native plants. According to the applicant,there are no known federally listed or
endangered flora species at the site.No known federally listed threatened or endangered
faunal species are known to nest at or inhabit the project site.
22. Archaeological Resources: Condition J of the subject APD ordinance required the
applicant to complete an archaeological inventory survey (AIS) for the project area and
any preservation, mitigation, and/or burial treatment plans that may be required or receive
a"no effect" letter from the State Historic Preservation Division (SHPD). Haun &
Associates completed an AIS of the entire project area, which found that the area had
been heavily impacted by historic and modern sugar cane cultivation. Moreover, no
remains of the Meyer Camp and associated cemetery were identified by the survey.
Finally, the AIS found a single archaeological site (remnants of a historic flume) and
determined that the site was, "only significant for its information content and the
inventory- level documentation will be sufficient to warrant a recommendation of no
further work or preservation. "By letter dated August 12, 2004, SHPD confirmed receipt
of the final AIS and found that, "no historic properties will be affected by the
development of the property. "
23. Cultural or Native Gathering Rights: There are no known traditional and customary
Native Hawaiian rights being practiced on the site.
24. Public Access: There is no record of designated public access to the shoreline or
maintain areas that traverse the properties.
PUBLIC FACILITIES AND SERVICES
25. Access: Access to the site is via the extension of a private road known as Meyer Camp
Road, an extension of Huapala Street. This road has a right-of-way of approximately 50
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feet with a pavement width ranging between 18 and 22 feet and was used by the
plantation during the sugar cane era. Conditions of approval required Meyer Road to be
constructed to a 20-foot-wide pavement and other project access roads to be paved per
"private road standards" of the subdivision code if they serve fewer than four(4) lots, or
16 feet wide, if more than four(4) lots.
26. Water: According to the Department of Water Supply (DWS) at the time, the County's
water system facilities could not support the proposed APD subdivision. Extensive
improvement and additions, including source, storage, transmission, booster pumps, and
distribution facilities were required, however funding was not available, and no time
schedule was set for DWS to make the improvements. A condition of approval required
the applicant to construct a private water system to provide water to each lot. The private
system did not need to meet County DWS dedicable standards provided the project
engineer certified that the system components will be functionally equivalent to DWS
standards.
27. Wastewater: There is no County sewer system servicing this area. The existing dwelling
is served by an approved cesspool and any new dwellings would need to install an
individual wastewater system meeting with the approval of the Department of Health in
conjunction with the issuance of a building permit for any new farm dwellings.
28. Solid Waste: The applicant proposed to haul solid waste will hauled to authorized
landfill sites or transfer stations.
29. Essential Utilities and Services: As of the time of the change of zone, there were no
electric lines in this area. The existing dwelling is served by a solar PV with a diesel
generator backup. Telecommunications are via cellular phone.
AGENCIES' COMMENTS
30. None were solicited or received.
PUBLIC COMMENTS
31. The Department has not received any written comments or objections from the general
public or adjacent landowners.
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ZONING § 25-5-67
(e) Exceptions to the regulations for the FA district regarding heights, building site
areas, building site average widths and yards, may be approved by the commission
within a planned unit development.
(f) Plan approval shall be required prior to the construction or installation of any new
structure or development, or of any addition to an existing structure or
development which is used for minor agricultural products processing.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 4.)
Division 7.A,Agricultural Districts.
Section 25-5-70. Purpose and applicability.
The A (agricultural) district provides for agricultural and very low density
agriculturally-based residential use, encompassing rural areas of good to marginal
agricultural and grazing land, forest land, game habitats, and areas where urbanization
is not found to be appropriate.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-71. Designation of A districts.
Each A (agricultural) district shall be designated on the zoning map by the symbol
"A" followed by a number together with the lower case letter"a" which indicates the
required or minimum number of acres for each building site. For example, A-10a means
an agricultural district with a minimum building site area of ten acres.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-72. Permitted uses.
(a) The following uses shall be permitted in the A district:
(1) Agricultural parks.
(2) Agricultural products processing, major and minor.
(3) Agricultural tourism as permitted under section 25-4-15.
(4) Animal hospitals.
(5) Aquaculture.
(6) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental
stations, arboretums, floriculture, and similar uses dealing with the growing of
plants.
(7) Campgrounds, parks, playgrounds, tennis courts, swimming pools, and other
similar open area recreational facilities, where none of the recreational
features are entirely enclosed in a building.
(8) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(9) Crop production.
(10) Dwelling, single-family, as permitted under chapter 205, Hawaii Revised
Statutes and as permitted under section 25-5-77(b).
(11) Farm dwellings, as permitted under section 25-5-77(b) and (c).
Planning Dept. 25-91
Exhibit____ '1
§ 25-5-72 HAWAII COUNTY CODE
(12) Fertilizer yards utilizing only manure and soil, for commercial use.
(13) Forestry.
(14) Game and fish propagation.
(15) Group living facilities.
(16) Kennels.
(17) Livestock production, provided that piggeries, apiaries, and pen feeding of
livestock shall only be located on sites approved by the State department of
health and the director, and must be located no closer than one thousand feet
away from any major public street or from any other zoning district.
(18) Public uses and structures which are necessary for agricultural practices.
(19) Retention, restoration, rehabilitation, or improvement of building or sites of
historic or scenic interest.
(20) Riding academies, and rental or boarding stables.
(21) Roadside stands for the sale of agricultural products grown on the premises.
(22) Utility substations, as permitted under section 25-4-11.
(23) Vehicle and equipment storage areas that are directly accessory to
aquaculture, crop production, game and fish propagation, livestock grazing
and livestock production.
(24) Veterinary establishments.
(25) Wind energy facilities.
(b) The following uses may be permitted in the A district, provided that a use permit is
issued for each use:
(1) Golf courses and related golf course uses, including golf course driving ranges,
golf maintenance buildings and golf club houses, provided that the property is
within the state land use urban or rural district. Golf courses and golf driving
ranges shall not be permitted within the state land use agricultural district
unless approved by the County before July 1, 2005.
(2) Telecommunication antennas and towers.
(c) The following uses may be permitted in the A district, provided that a special
permit is obtained for such use if the building site is located within the State land
use agricultural district:
(1) Adult day care homes.
(2) Airfields, heliports, and private landing strips.
(3) Bed and breakfast establishments, as permitted under section 25-4-7.
(4) Community buildings, as permitted under section 25-4-11.
(5) Excavation or removal of natural building material or minerals, for
commercial use.
(6) Family child care homes.
(7) Guest ranches.
(8) Home occupations, as permitted under section 25-4-13.
(9) Lodges.
(10) Meeting facilities.
(11) Model homes, as permitted under section 25-4-8.
(12) Public dumps.
25-92
ZONING § 25-5-72
(13) Public uses and structures, other than those necessary for agricultural
practices, as provided under section 25-4-11.
(14) Temporary real estate offices, as permitted under section 25-4-8.
(15) Trailer parks with density of three thousand five hundred square feet of land
area per trailer, provided that plan approval is secured prior to commencing
such use.
(16) Uses, other than those specifically listed in this section, which meet the
standards for a special permit under chapter 205, Hawaii Revised Statutes.
(d) The following uses may be permitted in the A district, provided that either a use
permit is issued for each use if the building site is outside of the State land use
agricultural district or a special permit is issued for each use if the building site is
within the State land use agricultural district:
(1) Bed and breakfast establishments, as permitted under section 25-4-7.
(2) Crematoriums, funeral homes, funeral services, and mortuaries.
(3) Churches, temples and synagogues.
(4) Day care centers.
(5) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(6) Major outdoor amusement and recreation facilities.
(7) Medical clinics.
(8) Schools.
(e) Buildings and uses accessory to the uses permitted in this section shall also be
permitted in the A district.
(f) No building site shall be established after December 1, 1996 which shall in any way
restrict or limit aquaculture, horticulture, production of crops, keeping of livestock,
game and fish propagation, or the processing, sale or other commercial use of the
products of such uses.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2008, ord 08-155, sec 13; am 2010,
ord 10-17, sec 6; am 2012, ord 12-28, sec 9; ord 12-124, sec 8; am 2014, ord 14-86, sec 9;
am 2021, ord 21-26, sec 10.)
Section 25-5-73. Height limit.
The height limit in the A district shall be thirty-five feet for any residential
structure, including any single-family dwelling, or farm dwelling, and forty-five feet for
all other structures. The director may, however, permit by plan approval, any
nonresidential agricultural structures to be constructed to a height of one hundred feet,
if the director determines that the additional height above the forty-five foot height
limit is necessary.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-74. Minimum building site area.
The minimum building site area in the A district shall be five acres.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
25-93 SUPP. 10 (7-2021)
§ 25-5-75 HAWAII COUNTY CODE
Section 25-5-75. Minimum building site average width.
Each building site in the A district shall have a minimum average width of two
hundred feet for the first five acres of required area plus twenty feet for each additional
acre of required area. Provided that no building site shall be required to have an
average width greater than one thousand feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-76. Minimum yards.
(a) Except as otherwise provided in this section, the minimum yards in the A district
shall be thirty feet for front and rear yards, and twenty feet for side yards.
(b) For accessory uses such as shade cloth structures used in controlling the amount of
sunlight in the raising of plants and flowers, rear, side and front yards in the A
district shall be at least ten feet, except where the A district shares common
boundaries with urban zones and main government roads.
(c) For accessory uses such as plastic roofed and shade cloth wooden or metal framed
structures used in controlling the amount of sunlight, rainfall, wind and other
elements of nature in the raising of fruits, vegetables and similar agricultural
products, rear, side and front yards shall be at least ten feet except where:
(1) Exterior walls of any type other than shade cloth are added to the wooden or
metal framed structure;
(2) The specific use allowed is abandoned; and
(3) The A district shares common boundaries with urban zones and main
government roads.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 1999, ord 99-110, sec 1.)
Section 25-5-77. Other regulations.
(a) If any legal building site in the A district has an area of less than five acres, then
the yard, minimum building site average width and height requirements for the
building site shall be the same as the yard and height requirements in the
FA district.
(b) One single-family dwelling or one farm dwelling shall be permitted on any building
site in the A district. A farm dwelling is a single-family dwelling that is located on
or used in connection with a farm or if the agricultural activity provides income to
the family occupying the dwelling.
(c) Additional farm dwellings may be permitted in the A district only upon the
following conditions:
(1) A farm dwelling agreement for each additional farm dwelling, on a form
prepared by the director, shall be executed between the owner of the building
site, any lessee having a lease on the building site with a term exceeding one
year from the date of the farm dwelling agreement, and the County. The
agreement shall require the dwelling to be used for farm-related purposes.
25-94
ZONING § 25-5-77
(2) The applicant shall submit an agricultural development and use program,
farm plan or other evidence of the applicant's continual agricultural
productivity or farming operation within the County to the director. Such plan
shall also show how the farm dwelling will be utilized for farm-related
purposes.
(d) An ohana dwelling may be located on any building site in the A district, as
permitted under article 6, division 3 of this chapter.
(e) Exceptions to the regulations for the A district regarding heights, building site
areas, building site average widths and yards, may be approved by the commission
within a planned unit development.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 4.)
Division 8. IA, Intensive Agricultural Districts.
Section 25-5-80. Purpose and applicability.
The IA(intensive agricultural) district provides for the preservation of important
agricultural lands as provided for in the general plan and characterized by a mix of
small and large scale commercial farms and other agricultural operations which may
include residential use in the form of farm dwellings closely tied to intensive
agricultural use. The lands in the IA district are those lands which have the soil,
quality, growing season, and moisture supply needed to sustain high yields of crops
generally or of specific crops of statewide or local importance when managed according
to modern farming methods. All IA districts shall be located within the State land use
agricultural or conservation district.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-81. Designation of IA districts.
The IA(intensive agricultural) district shall be designated by the symbol "IA"
followed by a number together with the lower case letter"a" which indicates the
required or minimum number of acres for each building site.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-82. Permitted uses.
(a) The following uses shall be permitted in the IA district:
(1) Agricultural parks.
(2) Agricultural products processing, major and minor.
(3) Agricultural tourism as permitted under section 25-4-15.
(4) Aquaculture.
(5) Cemeteries, as permitted under chapter 6, article 1 of this Code.
(6) Crop production.
(7) Farm dwellings, as permitted under sections 25-5-87(b) and (c).
(8) Forestry.
25-95
ZONING § 25-6-50
Division 5. Agricultural Project Districts (APD).
Section 25-6-50. Purpose and applicability.
The agricultural project district (APD) development is intended to provide a flexible
and creative planning approach for developments within the agricultural zoning
districts, in lieu of specific land use designations. It will allow for flexibility in the
location of specific types of agricultural uses and variations in lot sizes. Under this
planning approach, opportunities will be provided for a mix of small scale agricultural
activities and associated residential uses, as well as larger agricultural projects. This
district will also provide a vehicle to satisfy the demand for a rural lifestyle on marginal
agricultural land, while decreasing the pressure to develop important agricultural land
for this purpose. The planning approach would establish a continuity in land uses and
designs, while providing for the needed infrastructural facilities and systems to support
the various types of agricultural developments. An agricultural project district is an
amendment to this chapter which changes the district boundaries in accordance with
the individual agricultural project district.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-6-51. Criteria for establishing a project district.
An agricultural project district may be established as an amendment to this
chapter whenever the public necessity and convenience and the general welfare require
that a comprehensive planning approach for an agricultural area should be adopted in
order to establish a continuity in land uses while providing the required infrastructural
facilities and systems. In addition, an agricultural project district may only be
established if the proposed district:
(1) Is consistent with the intent and purpose of this chapter and the County
general plan; and
(2) Will not result in a substantial adverse impact upon the surrounding area,
community or region.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-6-52. Minimum land area required.
The minimum land area required for an agricultural project district shall be
five acres.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-6-53. Permitted uses; overall density.
Any uses permitted either directly or conditionally in the A or IA districts shall be
permitted in an agricultural project district, and the overall density permitted in an
agricultural project district shall not be greater than one acre per building site. Each of
the proposed uses and the overall densities for dwelling uses shall be contained in a
master conceptual plan for the agricultural project district and in the agricultural
project district enabling ordinance.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Planning Dept. 25-141
Exhibit 2
§ 25-6-54 HAWAII COUNTY CODE
Section 25-6-54. Application for agricultural project district; requirements.
(a) An application for an agricultural project district may be filed by a property owner
or any other person with the property owner's consent. The application shall be on
a form prescribed for this purpose by the director and shall be accompanied by:
(1) A filing fee of$100 per acre up to a maximum filing fee of$5,000.
(2) A description of the property in sufficient detail to determine its
precise location.
(3) A master conceptual plan of the property, showing the agricultural project
district boundaries and the land uses and acreage of land involved.
(4) A description of the proposed agricultural project district, including land uses,
densities, infrastructural requirements, and development standards.
(5) A description of each of the open space areas proposed for the agricultural
project district for cultural and/or environmental purposes, including those
open space areas preserved because of natural hazards.
(6) A metes and bounds description of the property prepared by a surveyor.
( ) A list of the names, addresses and tax map key numbers for those property
owners and lessees of record of surrounding properties who are required to
receive notice under section 25-2-4.
(8) A County environmental report; provided that a County environmental report
shall not be required where an environmental impact statement or an
environmental assessment and negative declaration have been prepared and
issued in compliance with chapter 343, Hawaii Revised Statutes, as amended.
(9) Any other plans or information required by rules adopted by the director in
accordance with chapter 91, Hawaii Revised Statutes.
(b) The applicant shall serve notice of the application for agricultural project district on
surrounding owners and lessees of record as provided by section 25-2-4. The
applicant shall also post a sign for public notification on the property as provided by
section 25-2-12.
(c) Within one hundred twenty days after an agricultural project district application
has been accepted by the director, the director shall forward the application to the
commission, together with the director's recommendation on the proposed
agricultural project district, and together with a proposed agricultural project
district ordinance which establishes the agricultural project district and provides
standards and conditions for the district, including permitted land uses, accessory
uses, densities, heights, setbacks, and variances from the requirements of this
chapter, and from chapter 23 (subdivision control), if applicable, as contained in the
master conceptual plan for the agricultural project district.
25-142
ZONING § 25-6-54
(d) The commission shall review any agricultural project district application and shall
forward its recommendation on the application to the council through the mayor for
the council's consideration and action.
(1) In reviewing the application, the commission shall hold at least one public
hearing in the council district in which the proposed agricultural project
district is located. The commission shall provide reasonable notice of the date
of the hearing to the applicant. The commission shall also publish notice of the
hearing in accordance with the requirements of this chapter.
(2) Within ten days after receiving notice of the date of the public hearing, the
applicant shall serve notice of the hearing on surrounding owners and lessees
of record as provided by section 25-2-4. The applicant shall also serve notice on
owners and lessees of record of interests in other properties which the
commission may find to be directly affected by the proposed agricultural
project district.
(3) Within ninety days after receipt of the application from the director, unless a
longer period is agreed to by the applicant, the commission shall transmit the
proposed agricultural project district ordinance together with its
recommendation thereon through the mayor to the council. The commission
shall recommend approval in whole or in part, with or without modifications,
or rejection of such proposal.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2005, ord 05-136, sec 9; am 2012, ord
12-90, sec 3.)
Section 25-6-55. Conditions imposed on agricultural project district.
(a) The council may impose conditions on the use of the property subject to the
agricultural project district, provided the council finds that the conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land uses
proposed with respect to protection of the public from the potentially
deleterious effects of the proposed uses, or fulfillment of the need for public
service demands created by the proposed uses.
(b) In addition to the conditions described in subsection (a), the council shall include
the following conditions in any agricultural project district ordinance:
(1) A description of each of the uses proposed in the agricultural project district;
(2) The overall and average densities for dwelling uses established in the
agricultural project district;
(3) Any infrastructure requirements for the agricultural project district; and
(4) Any open space requirements for the agricultural project district.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
25-143
§ 25-6-56 HAWAII COUNTY CODE
Section 25-6-56. Review and approval of site plans.
(a) After adoption of an agricultural project district enabling ordinance, the applicant
shall submit to the director detailed site plans for the agricultural project district
development. The site plans shall conform to the agricultural project district
enabling ordinance and shall include the following:
(1) Plans for required infrastructure improvements;
(2) All items required for a plan approval application, as provided by section 25-2-
72; and
(3) Any other information required by rules adopted by the director in accordance
with chapter 91, Hawaii Revised Statutes.
(b) Within sixty days after acceptance of the site plans, the director shall either deny or
approve the plans.
(c) The director may approve site plans for an agricultural project district only if the
applicant has complied with all of the conditions contained in the agricultural
project district enabling ordinance and the site plans conform to the standards
contained in the agricultural project district enabling ordinance. The director may
approve the site plans subject to conditions, or the director may approve the site
plans subject to certain changes in the proposed site plans when, in the director's
opinion, such conditions or changes are necessary to carry out the purposes of the
agricultural project district, this chapter and the considerations contained in
section 25-6-57.
(d) If the director fails to render a decision on the site plans within the prescribed
period, the site plans shall be considered approved without further certification by
the director.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-6-57. Review criteria and conditions of approval.
In reviewing site plans for an agricultural project district, the director shall
consider the proposed development and uses in relation to the surrounding properties,
improvements, streets, traffic, community characteristics, and natural features, and to
the agricultural and accessory residential uses contemplated, and may require
conditions or changes to assure:
(1) Adequate light and air, proper siting and arrangements of all structures and
improvements are provided;
(2) Existing and prospective traffic movements will not be hindered;
(3) Adequate off-street parking is provided to serve the development or use;
(4) Access to the parking areas will not create potential accident hazards; and
(5) Within reasonable limits, any natural and man-made features of community
value are preserved.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
25-144
ZONING § 25-6-58
Section 25-6-58. Construction in conformity with approved site plans.
Every structure, development and use contained in site plans for an agricultural
project district approved by the director shall be constructed and developed in
accordance with the terms, specifications and conditions of approval for those site plans.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-6-59. Plan approval issued by approval of site plans.
Plan approval shall be considered issued when site plans for an agricultural project
district are approved by the director, as provided by sections 25-6-56 and 25-6-57, and
no further action is required for the issuance of plan approval under this chapter.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-6-59.1. Amendments.
Any amendment to the conditions and standards contained in an agricultural
project district enabling ordinance shall be processed in the same manner as the
agricultural project district enabling ordinance, unless the council in the agricultural
project district enabling ordinance authorizes the amendments to be made by the
director. A request requiring an amendment of the enabling ordinance shall be
submitted in writing to the director, in lieu of the application required for an
agricultural project district. The request shall be accompanied by a filing fee of$250.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-6-59.2. Appeal of director's actions on agricultural project district
site plans.
Any person aggrieved by the decision of the director in the issuance of a decision
regarding agricultural project district site plans may appeal the director's action to the
board of appeals, in accordance with this chapter, within thirty days after the written
decision is issued by the director.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Division 6. Scenic Corridor Program.
Section 25-6-60. Purpose and applicability.
In the County of Hawaii, there are certain segments of public roads, or portions
thereof, that expose traveling residents and visitors to notable and/or unique resources.
As established by the national and/or state scenic byways program, the identification of
these portions of public roads as scenic corridors is intended to provide for the
enhancement of important scenic, historic, recreational, cultural and/or natural
resources accessed from such a transportation corridor. This planning approach
establishes the opportunity for continuity and/or enhancement of land uses and designs
for natural, cultural, historic, recreational and/or scenic resources located along a
transportation corridor and provides a diversity of regulatory and non-regulatory tools
and techniques to apply to a variety of circumstances for a corridor identified by
ordinance as a scenic corridor in the County of Hawaii.
25-145
September 22, 2021
Planning Director,County of Hawaii
Aupuni Center-
101
enter101 Pa ua Ili Street, Ste. 3
Hilo, Hawaii 9�6720
Re: SUB-07-000598
TMK Nos, (3)9-6-005-018&(3) 9-6-006-004
Dcar Sir:
As stated in my previous letter, I am the successor Trustee of the Ellis Jacob
Hester Trust dated March 28,2014„which is,the owner of the subject
ject parcels. Mr. Hester died
on August 8, 2020, at which tirne his Trust became irrevocable, The Trust directs that the
parcels be consolidated and resubdivided to,provide for a forty(40)acre parcel for Mr. Hester's
surviving spouse, which would include the residence,with the remaining acreage as one parcel.
Pursuant to nay correspondence with Christian Kay, this letter is to request:that
you initiate a zoning reversion back to Ag-20 fear the subject parcels. As far as can be
determined, no conditions relating to the pending subdivision request have been completed.
Other than the real properties, the Trust has no assets, and is financially unable to pursue the
original subdivision. In addition, to comply with the legal terms of the Trust,the properties must
be consolidated and resubdivided so the 40 acre pat-cc] call be distributed from the Trust to Mrs.
Hester.
Your consideration of and further instruction on this matter would be greatly
appreciated.
Sincerely,
Gregory lite, Tru,lee
Sincerely,
I Tru,
t!
ec'- Mrs. Sokha Hester
Planning Dept.
Exhibit 3__
...........
IicMM'�� CAB Q,mVvAIHQl
HAS :dAPP fll'`^tTl:M (the "Se ,�, r,. ..,; dig d`lavc s il'M�uk.
��w,tt'laru� Pd;6.� ulr�pld. i��i,�r,r�rt., r+,f,;
he has tCnnSfPWr A to hrr'YV,,ek,tiid.i . 1 Y"mwd" PIw man o k Zinc IN%kuA At kc 'none, "end
X1h Other property packled to the lrwst c'dLOu to dns i��r�,lrt.tr�rrrrrl':
tshalll he M. arlurrinktuedl and d.lkidhoal as klh,n
D b(idL�r)r";.
1. 0h fl11,ll&a1�Sr. �fic,
as k`cdllldamMc&r
1A,L. furllc t ua<arlcw9 ;run. 1,w,ua ... rd-re'ans,, aaH p(2r,uson s v hcu �ne( M.1F.,rsd:crdcL',Cl
f"rcruma llic anco;�tcra rc:°lIlred to Q1rrdudlydg by lct;prl a MalopiPrudm:, kq cxwnpW, S B(lcMa'',,; is ue"
include m.°hHdmn, p,rmuuarkhiaW gmar-grrrmhfuhdl'`rra W'd rnorc° reniotcu clesca°uud,u.u'ts,
"a hilalu°en— uarccans AM, of we Hrrut gmcmtidrrr. i�rar th kp Irust child.lw
include S94XNF Jfat°tAl lTSTER and R1w?v1AY FU M[ S h°MI-7. Anyone othcawirse
, o is it'aue as a h9anod c➢c.wcnnwlwo of any ar°rustdar SO mcc,ia°c: thaat hc,mrck ca.on iFhcp or
7-acW shraii havc 'lbc.um adopted by ur mlhc �indtvsdarrrl, provided. Ihraat arra ,°cane
ovenhe e rnlrtlucl to hcrwcM lur.°murrrcic..r as bMh ar blood dcuascemcl arat and pa do sc,c.n&mt hy,
lew al prdM.rPricrrr "hall lv.c_ vu.: n 1:,)(.ruclit hcmcaundu My ,as a 'N:rlcMcw.f descendant aa;Kl that
anjimb; othti.r rkisa; c.oltided to bencchl Meander Ihrt>r.rlfir each as por',nn sliaH receive a
laaa;nef'Ir. onl, tlarcrtcla,h tkut lrvj sato as r-Il 'Ihldwd dc.saa arradarrl.
1 A`lw.kVu, AVU �M ��rrr��tM.^, dr�pM�rC ltiaril ��4y'u't�1t;:
t d�rrd[tW� rruf�n l:n�ropl rty", r5 Cl �'t rYNIrrd r°aa "',J]la:''kI sr°IP.1mI ddwxarura rai9la `'laWt,tla�N" l trlt +' .r.
cdruYrw'iapa�dNl�, rd'alaMd.�r;y ld ro Gv'rdlptyl)– rrdd°mm 1Mrrrpc°nrgt aw'damMd.d by lhu Ndrt[ldud avHh dwlu
person as joint tenants with right of survivorship. "Separate Property"means property
o�,kzred by Settlor either solely or as tenant in common.
1.3. Available Generation Skipping Transfer Tax Fxem tion, As used
herein,the term"Available generation shipping tax exemption"means the generation
snipping transfer tax exemption provided in Section 2531 of the Internal Revenue Code
of 1985.as amended.or its successor statute,in effect at the time: of Settler's death
reduced by the aggregate of(1)the amount,if any.of the Sett lor's exemption allocated to
lifetime transfers of the Settlor by the Settlor or by oper«tion of law.aad(2) the amount,
if any,the Settlor has specifically allocated to other property of the Settlor's gross estate.
For purposes of this trust agreement if at the time of the Settlor's death the Settlor has
made gifts with an inclusion ratio greater than zero for which the gift tax return due date
has not expired (including extensions)and the Settlor has not yet filed a return,it shall be
deemed that the Settlofs generation skipping transfer tax exemption has been allocated to
these transfers to the extent necessary(and possible) to exempt the transfers from
generation skipping transfer tax.
1.4. Inca acit . "Incapacity"with respect to a Settlor means that a
Settlor is, in the judgment of the Trustee,unable to manage his or her financial affairs.
whether because of illness or for any other reasons.
1.5. Per Stirnes. "Per stirpes" means in equal shares among living
children and the issue of deceased children,the latter taking the share of deceased
children. f❑t example,under per stirpes Share,the two cluldrun of a dMeased child who is
one of three children(two of whom are still alive)would Ituye a 1/6 interest each.
artw eF Hrnu FJ in Fwab Ri.i ?
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During iettlor's Life
I Net Income and Principal of Trust. During the life of the Settlor.the
Trustee shall pay the net income and principal of the trust estate as the Settlor directs and.
if not so directed.the Trustee shall pay to or for the Settlor,such part of the net income
and principal as the Trustee deems advisable.
3. Settlor's Residence. So long as the Senior is alive and competent. Settlor
shall be in full.free and widisturbed possession of the tr,st sial property which is used as
the Sailor's residence. The Settlor may occupy and use such residence to the fullest
extent incident to ownership.with no rental or accounting to the Trustee. The Trustee is
not required to insure said property.to pay or collect any rents,liens or encumbrances.
taxes or other charges against or for the property.or to protect or preserve the residence
or any title the Trustee may have. Settlor intends that all responsibility toward the
property during this time shall rest with Settlor and not on the Trustee.
4. Life Insurance.
4.1, Life Insurance Policies. Before Settlor's death,the Trustee is not
required to hold any life insurance policies on Settlor's life made payable to the Trustee.
If Trustee does so.Trustee's only obligation during Settlor's life are safekeeping and
returning the policies to the Settlor upon demand.
4.2. Pavment of Life Insurance Premiums. So long as the Settlor is
alive and competent, the Trustee has no obligation to pay any premium or other sum that
becomes due fur any policies described in paragraph 3. While Settlnr is alive and
ineornpetent,the I't'u_stce shall. from in1st Funds, pay premiums on life insurance policies
owned by the Settlor.name the Trustee as beneficiary and are deposited with the Trustee.
amQ4 Jieuer Elks 1ww.h RL 1 3
2006-178 000
Whiie Settlor is alive and incompetent, the Trustee shall. from trust funds, pay all interest
on loans on such policies.
4.3. Benefits from Life Insurance Policies. The Settlor shall retain all
rights to all payments and benefits during the Settler's life on account of any life
insurance policies described in paragraph 4.the right to exercise any options or privileges
and the right to change the beneficiary of or to sell, assign or h%-potltecerte any such
policies. On Setttor's written request. the Trustee shall deliver to Settler any such
policies the Trustee has.
Upon Settlor's Death
{. Proceeds fi-om Life Insurance Policies. l Ilion receiving proof it'tirttlor's
death-the Trustee shall collect the proceeds on any life Insslratice Vol teics on Senlor's life:
which are payable to the Trustee. The Trustee is not obligated to start rely leg�Il
proceeding to recover any such sums unfit the Trustee is indenrrtilied in-quell 11111t1unl .mil
miner as the Trustee may reasonably require. The•Trustee maty gr,ssa:ttty nccessni-N
reiea.,jes to colleen swh sums and may settle any claims ol1 such poIicivS. ,1t1 Sl IV. 1 C rills its
theTrum=dews advisable. Any decisions made by the Truslce shall 1w limn! niid
biadi%m all p" ns int"es" in the trust estate. N11 cin is rs'issg Ilnv srrt 11 „uil, 11+ 1lrr
-rrwam is obliged to wr to the Opp]ication ol'the sums or to intluiic i111,1 thy' ;nitlit)i in til
the-fruletm shall r4ci4c n all howls which sir r trrr t u A
X htu' vf'-���3 ar'd are r ifw 111,71e iI-a s tlie fr lair imirl--. vulu!"i irl ,Ili 1;s1 tI�I1
tt!ary".t.:.Lt tvj itiit!`S rMu W. 6L'-L4uw 91 111t-S&Ide'r,X iW.Ji Il 141 pit:' 1I1!.
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than that portion of any such estate tax attt butabte to the Settlor's possession of a power
of appointment.
7. Family Trust. Upon the death of the Settlor.all of the trust property not
disposed of above shall be held by the Trustee as a separate trust estate[herein referred to
as the"Family Trust'], Regardless of anything to the contrary in this paragraph,the
Trustee shall not be required.until six months after the Settlor's death, to implement the
terms of this paragraph with respect to the principal of he trust estate in such a way as to
effectuate a"distribution"or otter "disposition"ofany ol'suLh principal to the Family
Trost.within the meaning of Section 2032 of the Internal Revenue Code. The Family
Trust shall be held. administered and distributed as provided in this paragraph.
7A. Pavment of Income from FmmOy Trust. From the date of the
Settlor's death until the termination of this trust. the Trustee shall pay to or for the benefit
of the Settlor's issue. all of the net income of this Family Trust and shall pay to or for the
benefit of said issue,such portions or all of the principal of this Trust as the Trustee finds
necessary for said beneficiary's health,education,support or maintenance taking into
consideration any other funds available for such purposes from any other source.
T1 Early Termination of Family Trust. Anytime that the value of'the
principal of the trust estate is less than $50.000,00,the Trustee shall have the power to
terminate the trust if. in the Trustee's sole and absolute discretion. the Trustee deems it
advisable to do so. Upon such termination by the Trustee,the Trustee shall transfer all of
the trust property, including any unpaid income, absolutely and lrce tram any bust,to the
Settlor. and i! SUttlQr hay predeceose,i In the respective hentlieiLine s epi their respeeiive
4M cp-He r Eau Jacob RLT j
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shares as mentioned in this Trust. The Trustee's decision to terminate the trust shall be
final and binding on all persons interested in the trust estate.
7.3. Termination of the Familv Trust. Unless previously terminated
pursuant to paragraph 7.2.hereof this trust shall terminate when the Settlor shall have
died. Upon such termination,the Trustee shall transfer the following:
7.3.a. The Trustee shall distribute to SL-ttlor's spouse,SOKHA HESTER,
per stirpes.the land in Pahala, liawaii. which is comprUk!d of appToximately forty (40)
acres of land with Senior's residence,the water systern (including the water tanks and
reservoir).utility and access easements reasonably necessary for the use of said property.
It is Settlor's intent that if the property as shown on the plan attached hereto as Exhibit A
does not comprise A legal lot of record,that the Trustee shall take all action necessary,
including subdivision of the trust's land so as to allow the Trustee to distribute said
property as a lot separate from the other lands owned by Settlor or the Trustee.Provided
that Settlor's spouse may.in her Will or revocable trust specifically referring to this
power, designate the person or persons who will receive such property upon her death,
such designation shall take precedence over the other provisions in this trust agreement.
The Trustee shall take such action as is necessary to create a lot which is substantially as
shown in Exhibit A,but may vary the configuration if the Trustee finds it necessary to
obtain subdivision approval on a timely basis.The Trustee shall use trust funds required
to accomplish said subdivision and the conveyance of the land to the Settlor's spouse.
Trustee shall also distribute the furniture,household furnishings,yard;Md farm
equipment associated with said property to Sell]or's spouse, per stirlics. Thesc
u wcptiAvvcr Plitt Facoh liLT
?pOG278.D00
distributions shall be completed before distributions are made under Paragraph7.3.b
below.
7.3.b. All the rest,residue and remainder of the trust assets shall be
separated into two equal shares as follows: fifty percent(50%)to be held in trust for
Settlor's daughter.RENAY RUTH STOLTZ.per stirpes.which trust shall be designated
the RENAY RUTH STOLTZ Trust.and fiftv percent(50%)shall be held in trust for
Settlor's son, SHANE JAC013 HESrI'ER.per stirpes.•.01it:h trust shall he designated the
SHANE JACOB HESTE R Trust. Distribution to thwsc trusts shall only be made after the
Trustee has distributed the property as described. in Paragraph 7.3.a above.
7.3.c.1. During the temt of each trust.the Trustee shall pay so
much of the income from the beneficiary's share needed for that
beneficiary's support to the respective beneficiary. In addition to payment
of income.the Trustee may also snake additional distributions of principal
for the beneficiary's support. taking into account other financial resources
available to him. It is Settlor's wish that the assets be available for the
beneficiary's needs for twenty(20)years after Settlor's death. The trust
for RENAY RUTH STOLTZ shall terminate at the end of that period and
the remaining share shall be distributed to her issue,per stirpes, The trust
for SHANE JACOB HESTER shall terminate at the end of that period and
the remaining shares shall be distributed to his issue.per slirpes.
7.3.c.2. The Trustee may divide the trusts for each of Scttlor's
children into subtrusts,one of which for purposes of the generation
skipping transfer tax.shall have an inclusion ratio of one(1), To thu
am ep Kcvcr Ellis Jxeb fids 7
GOG??!1 119U
extent possible. the Trustees. in making distributions from the trusts for
each child,shall make such distributions first from the subtrusts having the
inclusion ratio of one(1). The distributions to be made from each of the
subtrusts for each of 5ettlor,s children shall be made in the same manner
as the trusts from which the subtrusts were created.
7.4. Trust Continued for Certain Persons. Provided. however.that
unless otherwise provided in this trust agreenterrt_ti..jr wherr an,, beneficiary who is
entitled to receive a share or the trust propen'% iq wit at lc.asl twenI�-rive(25)years old,or
if such a person is under such disability as detenni:red bti'said person's treating physician
or by a court of competent jurisdiction that the beneficiary is not able to handle the
beneficiary's property_then said person's share shall be held in trust antler[lie terms
contained below. Said beneficiary's share shall be continued to be held in trust as a
separate trust and the Trustee shall pay to or tar his or her benefit. for his or her health.
support_maintenance and education such portion of the net income and principal as the
Trustee finds necessary. If the separate trust was established because the beneficiary-was
under the age of twenty-five(25) years of age,the separate trust for the said issue shall
terminate when he or she has attained the age of twenty-five(25) ),cars or if he or she has
died prior to attaining said age.upon the death of'such person. If the separate trust was
established because of disability as described above.the trust shall end at the later of the
time that the beneficiary is twenty-five(25)years of age and when the disability has
ended or when the beneficiary has died. Upun tern rinut ioii of 11 it!septmite Irust, Ilse sl w re
shulI he distributed Free Ll1'tn,sl Icr the beneficiary or if he or slit has sited. then to the
bene fictan's share per stirfres. 1'ru�icic�l. rtutwitltstandin anything l,rrrin in tltt
aepHow Din itabrtir R
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1
contrary.any trust created herein shad terminate no later than the later of 90 years after
creation of this Trust or twenty-one(2I)years after the death of the last to survive of the
Settlor_the Settlor's spouse,the Se[tlor's children and the issue of the Settlor living at the
time of the creation of this trust agreement.
7.5. Personal Residence. If any interest of Settlor in the personal
residence of Settlor in the Family Trust.the Trustee may allow One of Settlor's children
to use said residence withnut payment of any rent.but the I rustcc may require said
beneficiary to pay for insurance.eIeetri ciiv.utiIIIIes. real pTupe-i.. taxes dnd for repair
and maintenance of said residence and any mortgage that may then he nn Gaid residence.
If Trustee determines. in the Trustee's sole discretion. that it is impracticLil to retain die
residence in the Trust or that it is in the hest interest of the beneficiary of the'frust to seII
said residence.then the Trustee may do so;provided.that the Trustee shall consull with
the beneficiaries(or their guardians or parents as the case may be)prior to listing the
residence for We. The Trustee shall also consult with a real estate professional with
respect to the listing price and terms of sale if the residence is to be sold.
8. Generation Skipping Tax Exemption and Payment of Generation Skipping
Tax and Federal State and Forein Estate. Inheritance_and Death Taxes.
8.1. Generation Skippin=Tax Exemption. Settlor. in Scttlor's Will,has
instructed the personal representative to allocate Settlor's Available Generation Skipping
Tax exemption to the extent that Settlor has not already allocated it tinder the laws
relating to Generation Skipping Taxis and to consult With Trustee bet-ore making,Streit
allocation. If no personal rcpresentativt:has been appoiuted,Trustee will make the
allocation.
oma rp 3{estQ FALL latah kl.r f)
?U�ft'?iS OUCI
S.?. Generation Skipping Taxes. Unless specifically directed under
other provisions of this trust agreement. Trustee will pay the Generation Skipping Taxes
due with respect to a taxable distribution.direct skip or taxable termination under the
laws relating to Generation Skipping Taxes as to property held hereunder. Such taxes
will be apportioned and paid form money or property with respect to which that taxable
distribution,direct skip or termination has occurred.
8.3. .Estate and lnherilance Taxes. Unless specifically directed tinder
other provisions of this trust agreement.the Tiuslet:shall pay from the residue Of this
Trust,the applicable estate taxes,and inheritance and succession tuxes and all interest
and penalties thereon payable by reason of Settlor's death for property included in the
computation of such taxes whether the property passes under or outside this trust
agreement or 5ettlor's Will. Provided,however,that payincnt of the federal generation
skipping tax shall be govcmcd by Paragraph 8.2. If the residue of the trust is insufficient
to pay such taxes.then such tax shall be paid form the property whose inclusion creates
said tax.
8.4. Special Provisions for Pavment of Generation Skipning Tax.
Notwithstanding any other provisions of the trust agreement,the fol]owing provisions
shall apply to payment of generation skipping taxes: [if none. Paragraph 8.2. shall apply]
5.5. Special Provisions For Payment of Estate or inlicritance Taxes and
Other Death Taxes. Notwithstanding any other provision of this trust agreement. the
following provisiums sluill apply to the payment of fcdcrui unci stair eslute and inlwrilance
faxes and any foreign inheritance and succession taxes luvied by rcu5un of Sellkar'y
death: [if none. Paragraph 8.2 shall applyr
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9. Continuation of Trustee's Powers. All of the powers and discretion of the
Trustee hereunder shall continue until all of the trust property has been distributed.
10. Trustee's Powers. The Trustee shall. in addition to all powers now or
hereafter conferred by law.have the following y,owers-
10.1. Property Management and Control. To manage, improve,transfer,
sell.mortgage,partition.subdivide or change the character of any trust property or
otherwise dispose of any trust property.when,in the judgment of the Trustee. it is in the
interests of the beneficiaries to do so. to enter into any lease as lessor or lessee whether
the term goes beyond the duration of the trust,to grant or take an option to purchase or
lease:
10.2. Debt. To borrow funds,with or without trust property as security;
and on terms and conditions approved by the Settlor, to mortgage,grant security interests
or hypothecate trust property to secure the payment of debts and performance of
obligations arising from loans made to the Settlor or at the Settlor's request,as well as
extensions.renewals or refinancing thereof.
10.3. Retention of Property. To retain indefinitely any property received
as part of the trust estate until.in the Trustee's judgment, it should be disposed of.
regardless of any risk, nonproductivity or lack of diversification.and although.except for
this express authority. it might be of kind or in an amount which would be considered
improper for the trust estate:
10.4 investment. To invest and reinvest principal and income in every
kind of property,real and personal, without being limited by any statute or rule of law
affecting the investment of trust funds:
m rp Huta Ella latah RLT 1 1
10062?8 ON
10.5. Entrustment. To place trust assets in the hands of agents selected
by the Trustee,to facilitate transactions and record keeping;
10.6. Business. To continue or participate in the operation of any
business or other enterprise and to effect any changes in the form of the organization
thereof.
10.7. I ctenrtinmion of Principal and Income. From time to time. in the
Trustee's sole discretion and without reference to prior determinations,to determine what
is principal and what is income of the trust estalrr and to aIlocate receipts and
disbursements to those accounts.with full discretion TO allocate any receipt to principal to
provide funds for the payment of any charL�c agairv: rrittcipal.
10.8. Proxies, To give revocable or ctrt-:ocable general or specific
proxies or authorizations for voting or acting with respect ;o securities,with or without
power of substitution and discretionary or nondisctetionary.
10.9. Distribution. To make distribution of property in kind or in money
and in divided or undivided interest.and to allocate property among shares and adjust
resulting differences in valuation:
10.10. Combination and Division into Separate Shares or Frusts.
Allocation of Available Generation Skipping Tax Exemption. To combine assets of'two
or more trusts if the provision and terms of each trust are substantially identical.and to
administer them as a single trust. if the Trustee reasonably determines that the
administration as a single trust is consistent with Settlor's intent.and facilitates the
'[rust's administration withuut defeating err impairing tits i»tcresIS ttl the hencFIC ittries; to
divide any trust into separate shares or separate trusts il'the Trustee reasonably deems it
appropriate and the division is consistent writh the Settlor's intent,and facilitates the
trust's administration without defeating or impairing the interests of the beneficiaries:to
divide property in any trust being held hereunder with an inclusion ration.as defined in
Section 2642(a)(1)of the Internal Revenue Code of 1986.as from time to time amended
or under similar future legislation,of either one nor zero into separate trusts representing
two fractional share so the property being divided.one to have an inclusion ration of one
and the other to have an inclusion ratio of zero.as rhe 7'rust:e in its sole discretion deems
best: if the Trustee acts as personal represctttatl�re of Scalar's estate to elect to allocate
any portion or all of the Settlor's available generation skipping transfer tax exemption
provided for in Code Section 2631 or under similar future:legislation. in effect that the
time of the Settlor's death.to any portion or all of any trusts or bequests in th'ss trust
agxccment or in the Settlor's Will or any other transfer of which the Settlor is the
transferor for purposes of the generation skipping tax. The Settlor anticipates that the
Settior's personal representative will make the special election under Section 2652(a)(3)
of the Code(if applicable)to the extent the Settler's personal representative deems in the
best interest of the estate.
10.11. Waiver of fdawaii Prudent Investor Statute. It is the Settlor's
intention to give the Trustee the broadest possible discretion in exercising the powers of
Trustee herein. The Settlor accordingly waives and eliminates the app]icatioil or the
Hawaii Uniform Prudent Investor Act or any successor statute.
10.12. general. And generally to exercise the stunt voutrul ovvr and
rights%vith respect to the trust e%tale as could be cxerciscd personally by fin A ,;t)ltrtr
owner of the trust property.
mw sp HWn EBi%Sxut•RL7 l i
] t, Purchase from Personal Representative. The Trustee may purchase frog,
the Settlor's personal representatives any property,real or personal. and ntay retain such
property as if it had been an original part of the trust estate.even though similar property
constitutes all or a large portion of the trust estate. "The Trustee may make secured or
unsecured loans to the Settlor's personal representatives,at such rate of interest as the
Truster shall determine. In no even shall the Trustee be liable for any loss resulting to
the trust estate by reason of any such purchase or loan,
12. Presumption of Prior Death- For p:trposcs of this trust agreement, anyone
who dies within thirty(30)days after the date of the Settlar's death shall be cmisidered to
have died before the Settlor.
13. Termination of Income Berle iciatv's L,iorest. Except as provided in
paragraph 8.above. upon the death of as,y income bencficiary.the interest of that
beneficiary in all undistributed income shall terminate,regardless of when it shall have
accrued.and all such income shall be distributed as though it had accrued immediately
after the death of that beneficiary.
14, Disbursements in Good I=aith. Until the Trustee receives written notice of
any event upon xvhich any right in the trust estate may depend,the Trustee shall incur no
liability with respect to disbursements and other actions in good faith which would have
been proper in the absence oi'tltal event.
13, Payment to Disabled Benefices. Whenever,prior to the termination of
the Trust.the Trustee is required or authoriled to make payments,toter for the Nntiit of tt
beneficiary who is under legal disability,such payments may be made to the heneticiary
a ep Fxacr Un iacnh RLt 14
or to a third parer for the benefit of the beneficiary,without liability on the part of the
Trustee,
16. Spendthrift Clause. The interest ofbeneticiaries, in principal or income
shall not be subject to claims of their creditors or others,or to legal process,and may not
be voluntarily or involuntarily alienated or encumbered: provided.that this paragraph
shall not limit or affect the exercise by the Settlor's sf)ou,e of any power of appointment
%with trspect to the pnncipal and income of the Marital Tru :or any right of said spouse
to NNithdraw principal of the Marital Trust.
17. Depreciation and Depletion. The Trustee shall determine the amount of
depreciation and depletion chargeable against the tangible assets of the trust estate durinL
each year.and shall charge against income and credit to principal the amount so
determined_provided_(i)that the amount❑I-depreciation and depletion charged with
respect to any assets of the trust estate during any year shall not exceed the net income
derived from that asset during,that year,and(ii)that the Trustee shall not be required to
Charge depreciation or depletion with respect to any imProyCntent constructed oil trust
property by a lessee. All such determinations made in good faith by the Trustee~hall he
final and binding on all persons interested in the mist estate.
I8. Construction for Income Beneficiaries. This trust agreement shall be
liberally construed in the interest of the current income beneficiaries, and the exercise of
any discretion of the Trustee for any current income beneficiary is absolutely binding on
all successor income beneficiaries and remainder men: provided,that this paragraph sltull
not limit arty discretion herein conferred upon rhC 'Trustee.
ev Ikan Elm$arah RL1 15
�ucv,��a mo
19. Household Goods and Personal Effects. Possession of any or all
household goods and personal effects in the trust estate may be given. in the Trustee's
discretion,to any of the current income beneficiaries(whether adult or minor). to the
guardian of the person or property of any of the current income beneficiaries or to the
person or persons with whom any of the current income beneficiaries may be living.
without being required to divide the property equally.and ;hc'Trustee shall not thereafter
be liable for any damage to or loss of the property. The Trustee may regain possession of
the property at any time.
20. Effects of Chai€enizes to Trust A rcernent.
20.1. Effect of Challenges to Trust Agreement by Beneficiary. If any
beneficiary of this trust agreement challenges the validity of the trusts contained herein or
the dispositive provisions hereof,whether by litigation or arbitration or otherwise and
said beneficiary does not prevail.then any interest of said beneficiary hereunder.vested
or contingent.shall lapse and said beneficiary shall receive nothing under this trust.
20.2. Effect of Use of Elective Share By Settlor's Spouse. Not
Applicable.
21, No Bond by Trustee. The Trustee shall not be required to give any bond.
22. Account.
22.1. The Trustee shall not be required to file any account in any court.
22.2. Except as otherwise provided in paragraph 22.3 below, the Trustee
shall not account to any of the beneficiaries daring Settlor's l'sfetime.
amu ep IInto Lthi latah RLL 16
2OC4271 L'Da
22.3. So long as the Settlor is alive, the'Trustee shall annually deliver to
the Settlor an account for each accounting year during which the Trustee has held
property-in trust pursuant to this trust agreement.
22.4. After the Settlor's death.the Trustee shall annually deliver an
account to each adult income beneficiary and to a parent or guardian of each minor
income beneficiary.
23, effect of Settlor's Mproval. The approval by the Settlor of any act or
omission on the part of the Trustee or of any account o?'the Trustee shall effectusaIly
authruize. ratify and empower such act or ornissivas Sisj6ilsding. in the case of approval of
any account_all acts or omission of the Trustee during the period covered by the
account).shall constitute a full release of the Trustee with respect to such act or omission
and such account.and shall, for all purposes,be binding on all persons(whether then in
being or not)who are then or may thereafter become entitled to share in either the income
or principal of the trust estate. The Trustee may act or rely upon any communication
from the Settlor_and shall not be Iiable or responsible for any loss H•hich may be
occasioned by reason of the Trustee's observance of any directions contained in such a
communication.regardless of whether the Settlor shall be surviving when the
communization is received and the directions are followed.
24, Trustee's Comp_ensatiost. While Settlor is alive and competent. the
'Trustee shall be entitled to compensation for the Trustee's services as agreed by the
Settlor and Trustee. While Settlor is alive and incotrupetctut urtd after Settlor's dettth until
distribution ol'all trust property,the Trustee shall he entitled to receive nus of the tri l�,r
property reasonable compensation lite the I rustce's services.
woa cp Nearer Flim lark k l.T 17
:DU6:�BOOH
23.3. So long as the Settlor is alive.the Trustee shall annually deliver to
the ' for an account for each accounting-year durine which the Trustee has held
property in trust pursuant to this trust agreement.
214. After the Settlor's death.the Trustee shall annually deliver an
account to each adult income beneficiary and to a parent or guardian of each minor
income beneficiary.
23. Effect of Senlor's 62 royai. The approval by the Settlor of any act or
ornission on the part of the Trustee or of anv account of the Trustee shall etf'ectin]ly
authorize. ratify and empower such act or omission i_inc ludinc. in the case of approval of
anv account.all acts or omission of the Tt astee daring the period covered by the
account).shall constitute a full release of the Trustee with respect to such act or omission
and such account.and shall.for all purposes.be binding on all persons(whether then in
being or not)who are then or may thereafter become entitled to share in either the income
or principal of the trust estate. The Trustee may act or rely upon any communication
from the Settlor.and shall not be liable or responsible for any loss which may be
occasioned by reason of the Trustee's observance of any directions contained in such a
communication.regardless of whether the Settlor shall be surviving when the
communication is received and the directions are followed.
24. Trustee's Cam ensation. While Settlor is alive and competent.the
Trustee shall be entitled to compensation €ar the Trustee's services as agreed by the
Settlor and Trusice. While Settlor is alive and incompetent and alter Scttlor's deuth until
distribution o['a]l trust property.the'Trustee shall he entitled to receive OUT Of the MIST
property reasonable compensation l'or the Trustee's services.
mwcp'""tr Ella lecb NI.T 17
-WQ7a 000
25. Successor Trustees, If ELLIS JACOB HESTER resigns,dies or becomes
unable to continue as Trustee.GREGORY M. PILE of Valley Center,California shall he
the Successor Trustee of this Trust, I€GREGORY M. PILE resigns,dies or becomes
unable to continue as Successor Trustee. then KIMBEPLEE PILE of Valley Center,
California shall be the Successor Trustee of this Trust. All Successor Trustees shall be
vested with and may exercise all of the rights, prl►vcrs,duties and discretion herein given
to the Trustee,if both GREGORY M.PILE and KIM RERL1-E PILE resign.die or
become unable to continue as Successor Trustee, then either of them may appoint a
5ucccssor Trustee.Neither of ScuIor's children, R>~NAY RUTH STOLTZ nor SHANE
JACOB HESTER,shall be eligible to seine as Successor Trustee,
If there are no remaining Successor Trustees.SHANE JACOB HESTER may
appoint a Successor Trustee other than himself or RE NAY RUTH STOLTZ.
26. Inca acit y of Settlor. The"incapacity"of the Settlor shall be determined
by the Trustee in consultation with a medical doctor who has treated the Settlor and that
determination shall be final and binding on all persons interested in the Trust Estate.
27. Additions to Trust. Any person may at any time add to the trust estate
property acceptable to the Trustee,and any property so added shall be subject in every
respect to the terms and conditions of this instrument.
28. Reserved Powers of Settlor. The Settlor reserves the right during the
Senior's lifetime to revoke this trust or to amend it in whole or in part and to withdraw
from it at any time any or all of the trust property,all without the consent of or notice to
the Trustee or any beneficiary, by an instrument signed wid acknowledged by the Settlor
amt ep-i3cslu Eris latah RLT 18
2006278000
i
and delivered to the Trustee. er.the dtmes of tie TM—sho a=;Y
increased by an} arnestdment'ithout the written apprip)-al if`.r
IN' WFFNLSS WHEREIN.the Setnlor and the Tru,-;e`h v
this
instrument on this 28'�da%,of'March.?41#.
'rSWER
Fl LIS I-xC S
Senior and Trzwe
STATE of HAN AIi a
SS:
COUNTY QF HAWAII 1
On this?8`h day of ZVlarc
RESTER. h, 2014.before me personally appeared ELLIS.IACOB
to the personally known.
OR �
►hose identity 1 proved on the basis ofDridef LlcQn5e. 1io6 N%8.
OR
whose identity 1 proved on the naffilaffirmation of
a crediblc\0 ness.
►;ha. being by me duly sworn or affirmed,did sa'V INV such person executed the
foregoing instrument as the free act and Meed of such person and iftippIicahle in the
capacity shown.having bccn duly authorized to execu!e SuC11 instrument in sucht�A VM _k.'Yn WU—L capacity.
]:Tate of Document.March 1-8.2013
Am} frManekiiDewription of'Document:
Notary Public.State of Ham-aii Ellis Jacob Hester Revocable living Trust
MY commission expires-5123 f2014 L(Ellis Jacob Hester.ScUlorand trustee)
(Seal) Third Judicial Circuit No.of Pages: '�1
L .S
20
EXHIBIT A
The follo"ying sketch shows in red(shaded with red diagonal lines)the 40-acre
area in Paragraph 7.3.a of the Trust.which is all of Lot 16 pltts a 24.578-acre portion of
Lot 17 abutting Lot 16. The location of the eastern boundary shown on (he Folloxving map
is approximate. The eastern boundary of the 40 acres shall parallel the western boundary
of Lot 17. The Trustee shall use the 24.578 acres to set the ac:uui boutrdary line. The
Trustee may vary the boundaries or the area if the Truster•decides that such variation will
facilitation creation of the approximately 40-acre area to be>!istributed.
COUNTY OF HAWAT`.�, '' STATE OF HAWAT-1
SILL NO. 249
ORDINANCE NO. 04 1.20
AN ORDINANCE AMENDING SECTION 25-8-28 (KA`U DISTRICT ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY
CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL(A-20a) TO
AGRICULTURAL PROJECT DISTRICT AT PALIMA AND PAAUAU, KA`U, HAWAII,
COVERED BY TAX MAP KEY 9-6-5:18 AND 9-6-6:4.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-28, Article 8, Chapter 25 (Zoning Code) of the Hawaii
County Code, is amended to change the district classification of property described hereinafter as
follows:
The district classification of the following area situated at Palima and Paauau,
Ka`u, Hawaii, shall be Agricultural Project District:
Beginning at the west corner of this parcel of land, also being the south corner of
Grant 2655 to Nahala, the coordinates of said point of beginning referred to Government
Survey Triangulation Station"MILL FLAG"being 6,637.62 feet North and 6,604.23 feet
West and thence running by azimuths measured clockwise from true South:
I. 2130 39' 00" 1591.69 feet along Grant 2655 to Nahala;
2. 297° 10' 00" 389.40 feet along Grant 3533 to B. P. Bishop
Estate;
3. 3090 10' 00" 367.62 feet along same;
4. 3110 10' 00" 1,812.36 feet along same;
5. 3290 36' 00" 1,533.46 feet along same;
6. I l° 01' 00" 712.42 feet along Grant 2727, Apana 2;
-I-
Planning Depi.
Exhibit 4
7. 270 33' 00" 952.45 feet along Grant 1374, Apana 2 to M.
Keawe;
8. 450 03' 00" 76.56 feet across Meyer Road;
9. 1360 37' 00" 4,400.92 feet along L. C. Aw. 9971, R.P. 7709,
Ap. 12 to W. P. Leleiohoku to the
point of beginning and containing a
gross area of 171.782 Acres, more or
less.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawaii County Code, the County
Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
A. The applicant, successors or assigns shall be responsible for complying with all of
the stated conditions of approval.
B. The applicant, successors or assigns shall be responsible for complying with all
requirements of Chapter 205, Hawaii Revised Statues, relating to permissible uses
within the State Land Use Agricultural District.
C. All uses permitted directly or indirectly in the Agricultural and Intensive
Agricultural districts shall be permitted in the Agricultural Project District.
-2-
I�. Prior to filing an application for Subdivision, the applicant shall submit
documentation to the Planning Department indicating the availability of sufficient
water for the project site and proposed development. The applicant shall
construct a private water systern which provides water to each lot. The water
system may have a single source, and does not have to be constructed to County
dedicable Department of Water Supply standards, but the project engineer shall
certify that the components will be functionally equivalent to Department of
Water Supply standards.
E. A detailed site plan of the Agricultural Project District, which includes the
location and number of lots and other related improvements on the property, shall
be submitted to the Planning Director within one year from the effective date of
the Agricultural Project District ordinance or prior to submission of plans for
subdivision approval, whichever occurs first.
F. Final Subdivision Approval of the proposed Agricultural Project District (APD)
area shall be secured from the Planning Director within five (5) years from the
effective date of this ordinance. The minimum lot size shall be no less than five
(5) acres and shall not exceed seventeen (17) lots.
G. The primary access road, Meyer Road, shall be constructed to a 20-foot wide
pavement, on a 50-foot wide right-of-way. The other project access roads shall be
paved per the "private road standards" of the subdivision code, if they serve fewer
than four lots, or 16 feet wide, if more than four lots. The project engineer shall
certify the stability of the road shoulders and drainage system.
H. Upon consultation with the Natural Resources Conservation Service, a drainage
study of the subject property, if required, shall be prepared for review and
-3-
approval by the Department of Public Works, prior to submittal of pians for
subdivision review. Drainage improvements, if required, shall be constructed,
meeting with the approval of the Department of Public Works prior to the
issuance of Final Subdivision Approval.
L Restrictive covenant(s) in the deeds of all the proposed agricultural lots within the
subject property shall include the following:
(1) As contained in the master conceptual plan, the APD for the
subject property shall be subdivided into no more than seventeen
(17) lots. With the consent of a majority of the landowners within
the APD, any further subdivision or increase in density will require
an amendment to this ordinance.
(2) Only one farm dwelling will be permitted on each proposed lot. A
recorded covenant shall give notice of the restriction, which may
be removed by amendment to this ordinance.
J. An archaeological inventory survey shall be submitted to the State of Hawaii
Department of Land and Natural Resources-Historic Preservation Division
(DLNR-HPD) for acceptance. The applicant shall obtain approval of a
Preservation and Mitigation Plan, which shall include a Burial Treatment Plan,
from the DLNR-HPD. The applicant shall include all of the DLNR-HPD
mitigation measures and conditions specified in the Preservation and Mitigation
Plan, including the Burial Treatment Plan, into the plans for the project, which
shall be conditions of subdivision approval. In lieu thereof, the applicant can
satisfy this condition by a "no effect" letter from the DLNR-HPD.
-4-
K. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal
deposits, human burials, rock or coral alignments, pavings or walls be
encountered, work in the immediate area shall cease and the Department of Land
and Natural Resources-Historic Preservation Division (DLNR-HPD) shall be
immediately notified. Subsequent work shall proceed upon an archaeological
clearance from the DLNR-HPD when it is found that sufficient mitigation
measures have been taken.
L. The applicant shall obtain a determination from the DLNR-HPD as to the
presence of any State-owned trails on the subject site. There shall be no
disturbance or alteration of such trails without written approval of the DLNR-
HPD.
M. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance. Covenants in the deeds shall give notice to the purchasers of the
private roads and water systems and that these were not constructed to County
standards and are not maintained by the County.
N. Comply with all other applicable laws, rules, regulations and requirements of
other affected agencies.
O. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of the approval of this Agricultural Project District Ordinance.
The report shall include, but not be limited to, the status of the development and
the extent to which the conditions of approval are being satisfied. This condition
shall remain in effect until all of the conditions of approval have been satisfied
and the Director acknowledges that further reports are not required.
-5-
P. An initial extension of time for the performance of conditions within the
ordinance may be granted by the Planning Director upon the following
circumstances.
(1) The non-performance 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.
(2) Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
(3) Granting of the time extension would not be contrary to the original
reasons for the granting of the Project District.
(4) The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed within
one year may be extended for up to one additional year).
(5) If the applicant should require an additional extension of time, the
Planning Department shall submit the applicant's request to the County
Council for appropriate action.
Q. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the subject area to its
original or more appropriate designation.
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
invalidity shall not affect the other parts of this ordinance.
-6-
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
CO CIL M B , CO TY OF AI`I
Hilo , Hawai`i
Date of Introduction: May 19, 2004
Date of 1 st Reading: August 18, 2004
Date of 2nd Reading: October 20, 2004
Effective Date: November 8, 2004
REFERENCE: Comm. 561
-7-
AGRICULTUJ�AL{A-20ayM - N
AGRICULTURAL PRO CT DISTRICT A�D\ ��
171.66 AC S � ` '�
W,
A-2 0a
A-20a \
Ay Oa S
r : / \ ` A-20a
A
6,637.62 N
i
6,604.23 W
"MRL FLAG"k, o
A-ZOa �
A-20a
..l� A-201\ ;
\ T
-
� A-20a ;L -
-�A-2Oa ® o
A 20a
1A-20aa—
,YRS-I O A !a
v MG-!a
A-20a Aj2 a I �\ II
A-20a
2.250 1,125 0 2,250 4,500 6,750 9400 11,256
Feut
AMENDMENT TO THE ZONING CODE.
AMENDING SECTION 25-8-28 (KAU DISTRICT ZONE MAP)
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE,
BY CHANGING THE DISTRICT CLASSIFICATION
FROM AGRICULTURAL (A-20a) TO
AGRICULTURAL PROJECT DISTRICT (APD)
AT PALIMA & PAAUAU, KAU, HAWAII
PREPARED BY: PLANNING DEPARTMENT
COUNTY OF HAWAII
TMK- 9-6-005,018 R 9-6-006:004 lDate7 March 3, 2004
EXHIBIT "A" (Hester Farming Co., LLC 1121)
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo Hawaii
Introduced By: Leningrad Elarionoff ROLL CALL VOTE
Date Introduced: May 19, 2004 A E§ NOES ABS EX
First Reading: August 18, 2004 Arakaki X
Published: N/A Chung X
Elarionoff X
RE.114RKS_ Holschuh X
May 1. 9, 2004 - Deferred Jacobson x
June f, 2004 - Public hearing Reynolds X
Safarik X
Tulang X
Tyler x
6 2 1 0
Second Reading: October 20 2004
IQMayor October 22, 2004 ROLL CALL VOTE
Returned: November 8, 2004 AYES NOES ABS EX
F.tiective: November 8,_2004_ Arakaki x
Published: November 14 , 2004 Chung x
Elarionotf x T
RE,W.4RK,S Holschuh x
Jacobson x
-._..... Reynolds x
Safarik x
...__....._ Tulang x
Tyler x -
6 3
I DO HEREBY CERTIFY that the fbregoing BILL was adopted by the County Council published asindicated
abo1,C.
APPROVED AS TO
FORM AND LEGALITY:
r` JUNCIL CHAIRIMN'
CORPORATION COUNSEL /P/f /7 ,�COUNTY OF HAWAIIEP TY COUNTY CLERK
Date �'� � � -�
Bit! No.:
:]phruie jDisupprut�cllhis
�/ Q duJ' Reference: C-561/PC-90
04
20 6c Ord: - -
Lfol , C' t VVTY OF IIAIVAH
lJamar'i County Is an F.yuu!Opportunity Provider and Employer