2022-03-03 Windward Exh A (Items 1 Director Initiated REZ 1052 PL-PDI-2021-000002)

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The subject properties are situated in the Ka`u District of Hawaii Island. More specifically, mauka of Pahala here, and the subject properties are here outlined in red. For reference, we've got the highway running generally north south through the slide, and the access to the subject properties is via Meyer Road. So the Planning Director's action is an initiation of a request to repeal Ordinance number 04 120, which rezoned two parcels of land totaling 171.782 acres from Ag-20 to Agricultural Project District for the purposes of subdividing the property into 25 lots from 5 to 12 acres in size and to allow for deviations from the standard roadway and water infrastructure requirements related to the proposed development. This action is in response to a written request submitted by Gregory Pile, successor trustee of the Ellis Jacob Hester Trust, to satisfy the requirements of the Trust upon the death of Mr. Hester. According to the request, Mr. Hester died on August 8, 2020, at which time his Trust became irrevocable. Legal terms of the Trust require the parcels be consolidated and resubdivided into two lots to provide a 40-acre parcel to Mr. Hester's surviving spouse; this parcel would include the residence, and the remaining acreage would create the second parcel. The required time by which to secure final subdivision approval has lapsed that would have been November 8, 2014, and the Trust cannot secure a time extension to complete conditions of the ordinance as the project runs counter to the Trust requirements, and the Trust does not have the financial ability to complete the project as permitted. Based on the proceeding and pursuant to Condition Q of the ordinance, which gives the Director the authority to revert the zoning, the Planning Director has agreed to initiate the repeal of the subject ordinance in its entirety, which will revert the zoning of the parcels back to Agricultural 20-acres to facilitate the required consolidation/resubdivision action. The zoning of the subject property is Agricultural Project District as indicated in this hatched color, green hatched color. The surrounding zoning for much of the area is Agricultural 20-acres, and there is a myriad of residential and commercial zonings that make up the Pahala Town. The subject properties are situated in the State Land Use Agricultural District as indicated by the green color, and Pahala is Urban as indicated by the red color. The General Plan Land Use Pattern Allocation Guide Map designates the subject properties and much of the surrounding area as Important Agricultural Lands. There are some Extensive Agricultural Lands in the area and Low- and Medium-Density Urban to, again, be situated with the Pahala Town. I should also note that the Ka`u Community Development Plan designates the subject properties similarly in Important Agricultural Lands. Here are a few aerial photographs of the subject properties. The one on the left is a zoomed-out view, again,just showing the properties in context with the surrounding area, Pahala Town here makai of the subject properties, and on the right-hand side you see a more zoomed-in view showing the two properties, and there is active agriculture, or what was active agriculture at the time the photo was taken. On this makai parcel is a single-family dwelling, some ag structures, and related improvements, and then on the mauka parcel is vacant of structures and has a reservoir area there. 2 EXHIBIT A