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HomeMy WebLinkAboutCOM 0742.000 2020-2022 {t{ t Et OS�tY 0F.11 Lee E.Lord a "y'�"'• Managing Director Mitchell D.Roth Mavor Robert H.Command tr''� ��M°•�•r`� Deputy Managing Director ire oF•µt,N P t1' g� g t,Lxunf� of PARal"i (offixr laff4rffinuor 25 Aupuni Street,Suite 2603 • Hilo,Hawai'i 96720 • (808)961-8211 Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg C • Kailua-Kona, Hawaii 96740 (808)323-4444 Fax(808)323-4440 April 1, 2022 Maile David, Council Chair and Members of the County Council "} County of Hawaii 25 Aupuni Street "_X Hilo, HI 96720 Dear Chair David and Council Members: SUBJECT: Planning Director Initiated PL-PDI-2021-000002 REZ 1052 (Docket No. REZ-03-000030) Request: Repeal Ordinance No. 04 120 to Revert the Current Zoning from Agricultural Project District (APD) to Agricultural 20-acres (A-20a) Landowner: Ellis Jacob Hester Trust Tax Map Keys: 9-6-005:108 & 9-6-006:004; Ka`u, Hawaii As required by Chapter 7, Sea 6-7.5 (a)(3), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action are the Windward Planning Commission's letter and enclosures regarding the above-referenced request. Sincerely, MITCHELL D. ROTH Mayor C:AUsers\nsauer\Documents\PC\2022 COR\2022-04-07 WPC\TCounciiPDInitiatedHesterPL-PDI-21-002wpe Enclosures cc: Planning Department 1 4County of Hawaii is an Equal Opportunity Provider and Employer. Rear'. ute ® � Q DocuSign Envelope ID:7D46DE32-OA76-4676-81FE-423A829A7833 Of Mitchell D.Roth Dean Au,Chair Malvor Michelle Galimba,Vice-Chair Gilbert Aguinaldo Lee E.Lord Joseph Clarkson Managin.,Director #.fZ-j Wayne De Luz Dennis Lin Countvof Hawaii John Replogle '7 WINDWARD PLANNING COMMISSION Aupuni Center * 101 Pauahi Street,Suite 3 - Hilo,Hawaii i 96720 Phone(8O8)961-8288 - Fax(808)961-8742 March 29, 2022 Maile David, Council Chair and Members of the County Council County of Hawaii 25 Aupum Street Hilo, HI 96720 Dear Chair David and Council Members: SUBJECT: Planning Director Initiated PL-PDI-2021-000002 REZ 1052 (Docket No. REZ-03-000030) Request: Repeal Ordinance No. 04 120 to Revert the Current Zoning from Agricultural Project District(APD) to Agricultural 20-acres (A-20a) Landowner: Ellis Jacob Hester Trust Tax Map Keys: 9-6-005:018 & 9-6-006:004; Ka'fi, Hawaii The Windward Planning Commission, at its duly held public hearing on March 3, 2022, considered the Planning Director's request to repeal Change of Zone Ordinance No. 04 120 and amend Section 25-8-28 (Ka'a District Zone Map), Article 8, Chapter 25, 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 subject properties are located at 96-3090 Meyer Road, approximately 1.5 miles northwest of Hawaii Belt Road, Palima&Pd'au'au, Ka'fl, Hawaii. The Commission voted to forward a favorable recommendation to the County Council on the request. The draft bill is enclosed for your favorable consideration. Please note all conditions contained in Ordinance No. 04 120 shall be repealed, and there are no proposed conditions to be attached to this draft bill. Hawaii County is an Equal Opportunity Provider and Employer DocuSign Envelope ID:7D46DE32-OA76-4076-81FE-423A829A7833 Maile David, Council Chair and Members of the County Council County of Hawaii March 29, 2022 Page 2 We are also enclosing copies of the Planning Department's Background and Recommendation, the PowerPoint presentation, and a draft transcript of the March 3, 2022, hearing. Sincerely, DOCUSi ned by, —FD26243DDCE54F9... Dean An, Chairman Windward Planning Commission \\COHO I\planning\public\wp60\PC\PCC2022-I\LPDtnitiatedHesterPL-PDI-21-002wpc I Enclosures: Draft Bill Planning Department Background Report Planning Department Recommendation PowerPoint Presentation Draft Hearing Transcript cc via email w/out encl.: Mr. Gregory M. Pile, Trustee, Ellis Jacob Hester Trust Department of Public Works Department of Water Supply Jean K. Campbell Esq., Corporation Counsel 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- 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). —2— 3 13. Ka'aa 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 retMated by the County. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA '3 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) 9-6-003:018. 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 xvithin TiMK: (3) 9- 6-005:018 is parcel 47, a County-owned parcel approximately 4,487-square feet in size. Located within TN,1K: (3) 9-6-006:004 is parcel 21, another Court--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) andNa`alehu Series (NaCl). The Moaula and Na'alel a series consist of well-drained silty clay foams. For the Moaula series. permeability is moderately rapid, runoff is slow, and the erosion hazard is slight. For the i a'alehu Series, permeability is moderately rapid, runoff is medium, and the erosion hazard is moderate. —3— 18, Land Study Bureau's Productivity Rating: "B" or "Good" (TN/lK: (3) 9-6-006:004) and "B" and "C" or "Fair" (TMK: (3) 9-6-005:018). 19. ALISH: Prune Agricultural Land and Other Important Agricultural Land, 20. FIRM: Flood Zone "Y', 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 modem 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 safficient to warrant a recommendation of no fin-ther 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 ng,rights beipracticed on the site. 4D tl 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 -4- 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. —5— 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, Hawal'i Revised Statutes and as permitted under section 25-5-77(b). (11) Farm dwellings, as permitted under section 25-5-77(b) and (c). -- 25-91 �µ n. 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) Nome 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, see 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, see 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, see 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, see 2; ratified April 6, 1999; am 2015, ord 15-33, see 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, see 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, see 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 I 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.) 25-141 G25-6-54 HAWDICOUNTY CODE � Section 25-6-54. Application for agricultural project district; requirements. � hd Anapplication for ao agriculturalp addiatrictouay6efiled by aproperty owner nrany other person with the property owner's consent. The application shall beo^ � uform prescribed for this purpose bythe director and shall be accompanied by: � (l) Afiling fee of$lO0per acre uptnnmaximum filing fee of$5,8OO. (2) Adeaori tiouoCtbeDroport�ioouDDoiuntdetuUtoHetorozineita | - } precise location. / (� � master �o�e��, a��iu�tbm agricultural project { ` ' / district boundaries and the land uses and acreage o{land involved. � (4) Adescription oftba proposed agricultural project district, including land uses, densities, infrastructural requirements, and developooeotstandards. (5) Adescription oyaucb of the open space areas proposed for the agricultural project district tbxooItnrul and/or environmental purposes, including th oae open space areas preserved because ofnatural hazards. (S) Ametes and bounds description of the property prepared by a surveyor. (7) A list o[the maooua, addresses and tax map key numbers for those property owners and lessees ofrecord 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 kwrequired where moenvironmental impact statement oruu environmental assessment and negative declaration have been prepared and issued iucompliance with chapter 343, Hurvai'iRevised Statutes, as amended. (8) Any other plans or information required by rules adopted by the director in accordance with chapter 9l. f[mwxi'iRevised Statutes. (b) The applicant shall serve notice of the application for agricultural project district on surrounding owners and lessees of record xoprovided bysection 2S'2'4. The applicant shall also post a sign for public notification on the property as provided by section 25'2 I2. (o) Within one hundred twenty days after aoagricultural project diotriutapplicution has been accepted bythe director, the director shall forward the application tothe commission, together with the director's recommendation on the proposed agricultural project diatricLaodto#vtberwithmpropoaedugcionkorulproject district ordinance which establishes the agricultural project diatciotandprovidoe standards and conditions for the district, including permitted land uses, accessory naea, densities, boigb1a, setbacks, and variances from the requirements of this chapter, and from chapter 23 (subdivision control), if applicable, as contained in the nnuatar conceptual plan for the agricultural project district. 25-I42 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, see 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, I4awai`i 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 pians. 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, see 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 PlanningDirector,County of Hawaii Aupuni Center 101 Pauahi Street,Ste. 3 Hilo, Hawaii 96720 Rc: SLJB-07-000598 TMK Noy. (3)9-6-005-018&(3) 9-6-006-004 Dear Sir: As stated in my previous letter, I arts the successor TrustQc of the Ellis Jacob Hester Trust dated March 28,20]4,which is the owner of the subject parcels. Mr. Hester died on August 8,2020,at which time his Trost 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,whichwould include the residence,with the remaining acreage as one Marcel. Pursuant to my correspondence with Christian Kay, this letter is to regUest. that you initiate a zoning reversion back to Ag-20 fan 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 aaad resubdivided so the 40 acre pat-cc] can be distributed from the Trust to Mrs. Hester, Your consideration of and further instruction on this matter would be greatly appreciated. Sincerely, Gregory� 'ilti,"fru.,tee cc: Mrs. Snkh i Hester i 4 4 +,y 3 ELLIS JACOB HESTER REVOCABLE LIVING TRUST ELLIS JACOB HESTER(the"Settlor")of Pahala, Hawaii,hereby declares that he has transferred to himself,as"Trustee",the sum of One Dollar and that the money and all other property hereafter added to the trust estate which is subject to this instrument shall be held,administered and distributed as follows: Definitions. • 1.0. Definitions. The following terms used in the trust agreement are defined as follows: 1.1. Children and Issue. "Issue"means all persons who are descended from the ancestor referred to(including by legal adoption); for example. Settlor's"issue" include children, grandchildren,great-grandchildren and more remote descendants. "Children"means"issue"of the first generation. For this trust agreement,children include SHANE JACOB HESTER and RENAY RUTH STOLTZ. Anyone otherwise who is issue as a blood descendant of any ancestor shall receive that benefit even if he or she shall have been adopted by another individual; provided, however, that anyone otherwise entitled to benefit hereunder as both a blood descendant and a descendant by legal adoption shall receive a benefit hereunder only as a blood descendant and that anyone otherwise entitled to benefit hereunder through such a person shall receive a benefit only through that person as a blood descendant. 1.2. Commu iii Pru?perry Separate Property,Joint Property. "Community Property"is that property which Settlor owns with Settlor's spouse as community property. "Joint Property"means property owned by the Senior with another amo,ep4iester Ellis Jacob RLT I 2006278 000 S It person as joint tenants with right of survivorship. "Separate Property"means property owned by Senior either solely or as tenant in common. 1.3. Available Generation Skipping Transfer Tax Exemption. As used herein,the term"Available generation skipping tax exemption"means the generation skipping transfer tax exemption provided in Section 2631 of the Internal Revenue Code of 1986,as amended,or its successor statute, in effect at the time of Senior's death reduced by the aggregate of(1)the amount, if any,of the Senior's exemption allocated to lifetime transfers of the Settlor by the Settlor or by operation of taw, and(2) the amount, if any,the Settlor has specifically allocated to other property of the Senior'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 tiled a return,it shall be deemed that the Senior's 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. Incapity. "Incapacity" with respect to a Settlor means that a Senior 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 Stirm. "Per stirpes"means in equal shares among living children and the issue of deceased children, the latter taking the share of deceased children; for example,under per stirpes share,the two children Din deceased child who is one of three children(two of whom are still alive)would have a 1/6 interest each. alTICeCP`/hoe Ellit hat Pm 2 2Th PX' • . . DuringO Settior's Life 2. Net incomeflnd Principal of" [`rust. During the life of the Settlor. the Trustee shall pay the net income and principal of the trust estate as the Senior,directs and. if not so directed, the Trustee shall pay to or for the Senior, such part of the net income and principal as the Trustee deems advisable. 3. Senior's Residence. So long as the Sot lye nod competent, Senior shall he in full, free and undisturbed possession of th,"trust which is used as the Senior's residence. The Settlor may occupy and use such rcsi ictice to the fullest extent incident to ownership,with no rental or accounting to the Trustee. The Trustee is not required to insure said propertyto pay or collect any rents, tins or encumbrances, taxes or other charges against or for the properly, or to protect or preserve the residence or any title the Trustee may have. Senior intends that all responsibility toward the property during this time shall rest with Settlor and not on the Trustee. 4. Fe_insurance. 4.1. Life insurance.Policies. Before Senior's death, the Trustee is not required to hold any life insurance policies on Senior's life made payable to the Trustee. if Trustee does so. Trustee's only obligation during Settlors lite arc safekcepinc:, and returning the policies to the Senior upon demand. 42. Payment of Life insurance Premiums. So long as the Senior is . alive and competent. the Trustee has no obligation to pay any premium or other sum that it. becomes due fur any policies described in paragraph 3. While Senior is alive and inciimpelent, the Trustee Lihall, from Inon funds, pay premiums on bk inymince policies owned b the Senior. name the Trustee as beneficiary and are deposited with the Trustee. t .unn 1?1.1 3 . . While 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 Settlor'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 hypothecate any such ' policies. On Settlor's written request,the Trustee shall deliver to Senior any such policies the Trustee has. Unon Sefflor's Death Proceeds from Life Insurance Policies. Upon receiving proof of Settlor's death the Trustee shall collect the proceeds on any life insurance policies on Settlor's life which are payable to the Trustee, The Trustee is not obligated to start any legal rtrocedina to recover any such sums until the Trustee is indemnified in such amount and t , er r rrrrr as the Trustee may reasonably require. The Trustee inay grant any necessary _Lle:.ases to collect such sums and may settle any claims on such policies, on such terms tls the;rustee Vers,1 s advisable. Any decisions made by the Trustee shall be final and binding on all persons interested in the trust estate. No one paying any such sums to the ?r:25t3e is obliged to',et.: to the application of the;1111115 or to inquire into the authority of 'L ILIO ed3u ids. 'ulie Trustee shall redeem all bonds which are trust nssels r;,: *:,}h "a-rid e red 'jitet)14 191111ole fulfill their fair market vttluc i in aiflfhll11"tlrn ,t.r' ,•r}, t.,a i;t;s 'qP%:'. t `;Yaf.�' till, bee!us vJ sitlrrr't',de itil Ll) pay the e idles lox, other at portion tai :111:s such estate ta. attributahle to the Senior's possession ola pot\et- Or-arrOintineu the death of the Senior,all of the trust property not • shall be held by the it as-a separite tri1;31, estate (herein referred to as the "Family frust-). Ret:tardless of anythint: to the contrary in this paragraph. the 'Trustee shall not be required, until siN months tier the Senior's death, to implement the terms on trns pinagraph hit respect to the orincipol trust.•,:sate in such a 'XilV as to etiectuate "distribution" oilier disposi ionany of suelt p ncipai to the Family Trust, within the meaning of Section 2032 of the Internal la-Nit-Alit.: Code. The Farnily Trust shall be held, administered and distributed as provided in this paragraph. 7.1. Piip.1)1c:;lli of Income from.FamilyTrust. From the date of the Senior's death until the termination of tins trust, the Trustee shall pay to or for the benefit of the Senior's issue, all of the net income of this Family [rust and shall pay to or for the benefit of:aid issue. such portions or all of the principal of this Trust as the Trustee finds necessary for said henctit..iary's health, education, support or maintenance takinu into utmsidPration any other funds available for such purposes from any other source. 7.2. Fad Terrnipatioh.pf Fpnaily TIptit, Anytime that the value. of the principal of the trust estate is less than lii50.000.00. the Trustee Shall have the power LO !.erilillVt(2 the trust if. in the rustee's sole and absolute discretion, the Trustee deems it atti,..isahlo. to do St ))011 Sue h termination by the rustce. the Trustee shall transiIeir all of the trust proyert any linpnicl income. absolutely and free front any trust. to the cculor. and tlm reTc.cTivc bencticiaries ol then RI. • shares as int.'nioned in this Trust. The frusiee's decision to terminal(' the ust shall be final and binding on all persons interested in the trust estate. 7.3. Termination of the Family liust. ticss !:qcviously terminated pursuant to paragraph 7.2. hereof. this trust shall termirw.te vdo Fe SeUhrt ShaLi have died. Upon such termination. the Trustee shall transfer the foliwing: 7.3.a. The Trustee shall distribute to odors potse. ;-•01,:i.1 IA FEF:',VIER. per stirpes. the land in Pahala. Hawaii. which is !vof.oxt;crih..,ly lot t? (40). acres of land with Settlor's residence. the wat{:! '.he water tanks and reservoir). utility and access easements reasonably necessary do the use of sad property, It is Settler'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, ineludina 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 Settlors spouse may. in her Will or revocable trust specifically referring to this power. citiiSiL,natit the person or persons who will receive such property upon her death. such desination 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 titnely basis. 'The Trustee shall use trust funds required to accomplish said subdivision and the conveyance of the land to the Settler's spouse. Trustee shall also distribute the furniture. household furnishings, yard and 1Z:11111 J.:Quiz:Intent assoeiuted with said property to s spouse, per F.tirpcs, .1 hese r£50 hcr,i,KIT 6 7 • • distributions shall be completed before distributions ace made under Parazraph7..3,b below, 7.3.b. All the rest. residue and remainder or hi aunt assets shall be separated into two equal shares as follows: dRy perc(nit (30 ) to be held in trust for Seniors daughter. RENA V RUT!I STOLTZ. per;,..;tirpcs, cvilich trust shall be designated the RENAY RI. TM STOLTZ'Frost and fifty perecta shall be held in trust rot' Settlor's son, SIIANE JACOB HE:'..4ER, AU': hrdeignated the SHANE':JACOB 1-117:STCR Trust, Distribution r tht,: e irw:ts shad only be made after the Trustee has distributed the property :As describd in Pa2a,„.9„rapli 7,3,a above, 73.c.1. During the terra of each ti list, the Trustee shall pay so much or the income from the beneficiary's share needed for that heneticiar‘''s support to he respective beneficiary. In addition to payment of income. the Trustee may also make itdditional distributions oiprineipal 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 alter Senior's death. The trust fbr RFNAY JTH STOLIZ shall terminate at the end of that period and the remaining share shall be distributed to her issue, per stirpes. The trust Our Si!ANC JACOB HESTLI< shall terminate at the end of that period and the remainitni, shares shall be distributed to his issue, per stirpes, 7.3.c.2 The Trustee may divide the trusts ibr each of Settior's children into !'..;ubtrtists,one of which for purposes of the generation Aippirw.transfer tax, shall have an inclusion ratio alone Ci). Jo the kit.; rt t 7 .204.162, sir , • extent possible. the i rusiecs, in mak int!distributions from the trusts lot each child. shall make such distributions First 11cm the subtrusts having the inclusion ratio of one rho distributions to be made front each of the subtrnsts for each of Sailors children shall be made in the saint:: manner as the trusts from \N•hich the subirusts were created. 7.4. Trust Continued 10f Celiatit l3thrt(T,S. PrOvicied, howevei.., that unless othervcise prt.hiided in this trust thipaietticki. cit nra heneliciiiiy who is • entitled to receivea saI are of the trust r.,1! -rive t 25) years old, or if such a pi;rson is under such disability as deloren ued hi, said pnison's treatitip physician or by a court orcompetent jurisdiction that blc to handle the bencticiarv's toroperay. then said person ssh tr:i shall l.':: held in trust under the terms contained belch.;. Said beneficiary's share shah be continued to hit held in trust as a separate trust and the Trustee shall pay to or ibr his or her bene fit. for his or her health. support. maintenance and education such portion of he net income and principal as the Trustee ti ck, oecessar'. lithe separate trust ss as established because the benelleiin was wide:- the ace of tweno.-tie (25) ;vicars of age, the separate trust for the said issue shall termlrye J.hen he or'she has attained the ago of t wentysilve(25) years or if he or site has died nrior to attainirri,t said true. upiin the death of such person. lithe separate trust was because iditahiittv as described above, the trust shall end at the later or rile time that ihc beneficiary is twenir-live (25i years olive and cchcn the disability has ended or the beneficial:, has died. Upon fulmination or the sepande trn lie ..,1„„, shall it.:: free fluid to the benMkiiith`v or if he or she has died. then to the henetierer' Atari: per surpei„ ho.h.idol. ioiwiili',t;uidin nrtlrinrt herein to the g • contrary. an trust created herein shall terminatte no later than the hirer of 90 Years after creation of this Trust or tvvcnty-orae(21) years after the death of the last to survive of the Settlor. the Senior's spouse. the Settlor's children and the issue of the Settlor living at the time of the creation of this trust aereement. - i 7.5. Personal Residence. finny interest of Settlor in the personal residence of Senior in the Family Trust.the Trustee m aav allow one of Soiloie children to use said residence without payment of any rent. btu the f rust;: rimy require said beneficiary to pay for insurance. electricity, utilities,real proper1 . l i s and for repair and maintenance of said residence and an, mortgage that act .i?t.'? be+tri ..ilii.i tes.ideuce. lfTrustee determines. in the Trustee's s sok diser,tiol , that it is impiactie i to retain the residence in the Trust or that it is in the hest interest of the Feneticiary gat ihy: Trust to Sell said residence_ then the Trustee nia;. do so: provided, that the Vrtivtcv shall consult \yitll the I?'ne iciari ; (or their cuardians or parents as the case may he) prior in listing the residence for sale. 1 he Trustee shall also consult with a real estate professional with respect ti the listing price and terms of sale il'the residence is to be sold. Generation Skipping Tax Fxemnlion and Payment of Generation Skipping Tax and € dural .State and Forcigia I st itc_,_lt)hiiiPtailcl.ittltt Peat!) T 1`ti_'s. 1 f5.i. Generattion S,kippii ' fax xcnlptiun. Settlor, in Seniors Will. has instructed the personal representative to allocate Senior's Available Generation Skipping k \ "lax exemption to the extent that Senior has not already allocated it under the itosss relailn(_' to (itineratiofl Skipping Taut:and to consult with I rusiec before i1laking such 1 allocation. if no personal representative has been ul:mpoimited, Trustee will make the allocation srra e?;lac; rills ,.ci,tr i<i Cj qC (>1 ,ciddli HMIS -.7,Ltou fl :q•dvp jo 1u)s11.t1 ,cq FaA;',1 snru untscw..7,115 pur, 115Fdicl •''':u1) mis;71:031 • :muni!yotpu pur ;Ip-ris pun punp;lj joi iucnd tp m cjddri Hugs F,uor.s!..,,oni Rut.% orf lULI fl1I 1flJ1 SIIIIj0 ITOIS!,‘()Jcl.m1.110 ,(1.1)1 "S1-1X1?" ti13.(1.N10 f51.11•1 " 1.tiliklu nut's "c,..;„: Licludi1u.111,1 •otiou ij :situ 1,-ituddrls uotirdlouoi.1 Jo 1.1.‘11.o /?.c.f o jddr [11.;LIS SLION.\0.1(1 fiCtAolf()1 01.11 u2lii isodi out ju o! odd.ruju)itu)", 7111!1)1111?),stfliA\10N '51'11-11-flarcrciTT:;-11-(511.1111x..mn lo,-.4.1.1m),ITopfuo!st.Aald '17'2 xo. pu)s ii(VN111:)11) S(.111A\ (113(11)1(.1 .Np It110.! p!vd ;Iginuis 147)11 uo[11 ".•;3',01 1E:)fis • (1 0) iu.)11.:Iwnsu! s!1:um t1i Jt% ntnii pzuduidso,9 ni'di pip; yr.1 Fti!•didnis uonr..):uu.'119 ird.r.78pn,J Cip jo •p )!Aod,1 •11!1\\ s.ion•PS .10 iw.lu•17):',1F1,7 ism! dutil op!smo I:Tun s;Isstddl 1,1„).7.1(lo.s3 dcuipil,\‘s;vdud) dpris Jo ucsnindultuoo pNinpu! isosuzu cq310,11,):13d UOZ)301.11 so!II131.13C1 pu8 If•J',");.puu nu pun sAxi,) plc pun sxu FIisrul sup Jo utip!s;id cup worn j1itipu.P.o.11911 1st-1.n sun p1 suoismaki Yogic.) Tun r.,00n .4111r:un•I'diis 40.,•‘,;1di rHin suti uoiivilv.(1.1:41 10 drIS 13z4lip'uopriquislp 71quxin wicls32. to!.\\. .C1.1.-KIcyJd JO •c;m1oul op] pun poltoo.docicie oq qpn!..; .",:)r.y.loddi Si;;s'xxi;Juiddnj onah-u1,10 1:1L111.131-o.1 s\\).11 .17.1)(111 110111.11.utuni ...")1(ti)S.11 in d.I.t.V.;1.0.- p"(10!incip)s!p niquxo) 11 01 13N1szu 1111,vt sonnj ';iol,t1(1!dn.,; uonud.;-u1,10 auj .. 1•Jcf Ind,\ ,1;m41).11 •uullup,)3511 ISnU jo suolsi\aid .z,-,uno 1 )1un pqp i'.iductifilsdltPiiuT •,•:"""s • • 1 ��. Continuation of -[ruste e s PpA,yo,rs. „11 01'the powers and discretion of the Trustee hereunder shall continue mvii all of the trust propar`:y firs been distributed. 10. Trustee's Powers. The Trustee shall, iii adaii;!.n to all powers now or hereafter conferred by law. have the 111ci\vii t; 10.1. Property Ma Face nent a ; c.t Tt.lot. . ' manage; improve. transfer, sell. mortgagee. partition, subdivide or chance the elm ac er of any trust property or otherwise dispose of any trust property, when, itr the judgment ol't1 e 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 properly to secure the payment of debts and performance of obli`sations arising from loans made to the Senior or at the Settlors 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 or, regardless of any risk. nunproductivity or lack of diversification. and although,except for this express authority. it might.he of,:i kind or in an amount which would be considered r " improper #i'tr the trust estate: 10. 1 (nvcsini_ean. To invest and reinvest principal and income in every hind of property. real and personal, without being limited by any Statute nr rule of law aflectine the investment of trust funds: am, 2r 1 • • 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. Determination 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 estate and to allocate receipts and disbursements to those accounts.with full di3eretinn to allocate any receipt to principal to provide funds for the payment of any charge against rrincipal; 10.8. Proxies. To give revocable or irn;,ocable general or specific proxies or authorizations for voting or actino,with respect to securities.with or without • power of substitution and discretionary or nondiscretionar}; 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 Trusts, 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 Senior's intent,and facilitates the Trust's administration without defeating or impairing the interests of the beneficiaries: to divide any trust into separate shares ur separate trusts if the Trustee reasonably deems it 1x.th Rt.! 12 • i 4 appropriate and the division is consistent with the Senior's intent, and fheilnales 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 26420)(1) of the Internal Revenue Code or 198€. as from time to time amended or under similar 1`ut1rI'i'. legislation. of 17117C'r one nor zt'rf? into separate trusts representing two fractional share so the property being divided. one to have an inclusion ration of one t ' and the other to have an inclusion ratio of,,,:re . as tl',a t ru:it:te to its sole discretion deems best: if the Trustee acts as personal repressntati':c ofSeniot's estate to elect to allocate any portion or all of the Senior's available eeto ration skipping transfer tax exemption provided for in Code Section 2631 or under similar future legislation, in effect that the time of the Senior's death, to any portion or all of any trusts or bequests in this trust aereement or in the Sailor's Will or any other transfer of which the Settlor is the transferor ibr purposes of the generation skipping tax. The Suitor anticipates that the Senior's personal representative will make the special election under Section 2652()(3) of the Code if applicable)to the extent the Senior's personal representative deemsin the best interest of the estate. i 10.1 i. Waiver of 11awail Prudent investor Statute.. It is the Settlors intention to give the Trustee the broadest possible discretion in exercising the powers of Trustee herein. 'I he Senior accordingly waives and eliminates the application of the I lawail Uniform Prudent Investor Act or any successor statute. • Ciener;tl. And generally to exet'cise the saute control over and rlahts with resect to the frust elate as could he exercised personally by tin absolute owner IOC trust property. o _ ,;:r,is i'r.sza 0h,3su?b 0.T 1 3 . 0 . . a • 1 1. i'urc.ltase !i•<lmPersonal IZeprtscMatiye. The Trustee may purchase from the Settlors personal representatives any property, real or personal, and may retain such property as i P 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 t - unsecured loans to the Senior's personal representatives.at such rate of interest as the Trustee shall determine. In no ew cn shall the Trustee he liable for any loss resulting to the trust estate by reason ninny such purchase or loan, 12. Presumption of Prior Death. For ttur x t , nt'this trust agreement. anyone who dies within thirty (3t1)days after the daft: of t'hr S'aulor's death shall be considered to have died below the Settlor. 13. Termination mination of Income >'Be t.=etel _l.'. ilaest. .wept as provided in a paragraph 8. above. upon the death of-any income to bencilciru�'.the interest of that bcneficiurr in all undistributed income shall t n:ill11are regardless less Cot when it shall have accrue. . and all such income shall he distributed a as though it had accrued immediately alter the death of that beneficiary. 14. Disbursements in Good faith. I.bull the Trustee receives written notice of an event upon which any right in the trust estate inay depend. the Trustee shall incur no iiabilitt, with respect to disbul t merits and other actions in good taith which would have been proper in the absence r>Ithat event. 1:5. It '._ment to l)is" [Acct B at,tikirr;_, 'f~ heneyer,prior to the termination of the Trust.t. the 1 rustee is required Cir:milli tri/et:l to make payments to or lin' the benefit of a benetic tars..' who Is under legal disability.such payments may he made to the beneficiary a i s yii_ Iti . • • an • i iii a tltire 2.irt1 t t the hr'nclit of die bene ii tai l', :':ft#tt1U1 IinbiliEv on the p:111 eel the i6. Sinendthrifi Clause. The interest of beneficiaries, in principal or income shall not be subject to claims of their creditors or others. or to legal process. and may not he voluntarily or involuntarily alienated or encumbered: provided. that this paragraph shall not limit or affect the exercise by the Senior's spoi,se_it girl (Tower of appoimment y.ith respect to die piiieipal and income ¢o+ tin: ,ciC any light,:"•31 :laid spouse to withdraw principal of the Marital Tiu t 17. Depreciation and Depletion, The'Ft'nsice shall determine the amount of depreciation and depletion chargeable i:grtins the tangible assets of the trust estate during each year. and shall chari e against income and credit to principal [Its amount so determined: provided,(it that die amount of depreciation and depletion charged with respect to any assets of the trust estate during any year shall not exceed the net income tteri`.ed from that asset during that year. and (iil that the Trustee shall not be required to :'i";E_ru:�:a i`[I:'Ci:i:ililn or depletion ti'itil respect to any improvement constructed on trust prorertY h a lc` Ce. .-ilii such deterniinattons made in good faith by the Trustee shall he final and binding on all persons interested in the trust estate. construction_for incoillg lien 11ejaries. This trust agreement shall be the a1tt, f ons,trueed in the interest of the current income benetieiaries. and the exercise of anc discretion oldie I rtlsicc for any current iticoillc beneficiary is absolutely binding on all sueceSSOr income 'tie ncliciarics and remainder mem provided. that this paragraph shall net I incl our dlscrcti{)rt lieieitt conferred upon the 'trustee. 1. 11r. Household Goods and Personal I:,fleets. Possession of any or all household goods and personal effects in the trust estate Inay be t;iven, in the Ii•1_Istra.`s discretion.to any of the current income beneficiaries i tyhccther adult or minor}, in the guardian of the person or property of 'any of the current beneficiaries or to the person or persons with whom any of the current incl.tno beneficiaries may be living. without being required to divide the foot!eit-) e-.a ,di , :he Trustee shall not thereafter he liable for any damage to or loss ui twice may regain possession of the property at any time. 20. Effects of Challenges to Trust Agreement. Effect of Challenges to Trust Aaeementbv Beneficiary. IC 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 01 Use of Elective Share BY Senior's Spouse.. Not Applicable. 21. Ncl Bond_by_Trustee. The Trustee shall not be required to give any bond. 22. Accounting. 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 during Senior's lifetime. { aru�ry lt.ia:JI;,1,0,,gm - 16 . is the TrU7,:k-::_shall annually deliver to the Settior an account :-or each ac.,:ountinc t.,e;ar doriac hich the Trustee has held property in trJst pursuant to this trust ai2reement. 2.4. After the Settlor's death. the Trustee shall annually deliver an account to each adult income berieficianand to a parent or guardian or each minor income berieficiTary. the sct-thr of am act or omission on the part of the.Truswe or oi'cit,o aiicjitIVO, el the Trustee shall effectually authorize. ratify and empi...mer suh 3'.t or cmiss.iari in the case of approval of any account. all acts or omission oi the period covered by the account). shall constitute a full release of the irustee with respect to such act or omission and such account.and shall, for all purposes, he binding on all persons t whether then in beim-, or not) who are then or may thereafter become entitled to share in either the income or principal of rhe trust estate. The frustee tic.; or rely upon any communication from the Settior. and shall not he liable or responsible for any loss which may be occasioned by reason of the Trustees observance of any directions contained in such a communicationreuardless of whether the Settlor shall he surviving when the communication is received and the directions are hallowed, )4. TrusteeTsCpmpensi•ition. Wink Senior is aliVe and competent. the Trustee shall he entitled to compensation fir the Trustee's services as agreed by the Senior and 1 rustec. While Settlor is alive and incompetent and alter Scitlur's death until distribution of all trust property. the Trustee shall be entitled to receive our of the 101St property reasonable compensation for the FrUtiteeti services. to - 17 .7rne,17om .y '+rmey, .m.o°eT.�'fF9@� — - ` ilt'•.a-"..+1aE6:' y. .'nvNrii'L'.t.Pa' .. � .�y.A.'inx..-near..roe,. -oy _....- .., , • v � I 25. _ if ELLIS JACOB HESTER teshms. dies or becomes unable to continue as Trustee, GREGORY M. PILE of Valley Center. California shall be the Successor Trustee of this Trust. If GREGORY M.Aar '('iLE rat ins. dies or becomes unable continue as Successor Trustee, then Y (', i�t�;tl.trl:. i'11.1_ of Valley Center. ter. ;: California shall be the Successor Trustee of this'{-rr,st Ail Successor-trustees shall be k°4 vested with and may exercise;ill of the pow tet. .=.3i"I discretion herein 4?SVr:i7 to the Trustee. 11 both GREGORY M, P1L1,. and KIM6 I '.:E: PI iI» resin die or become unable to continue.as Successor Trustize, then either of them may appoint a ffi Successor Trustee-Neither of Senior's childr m. RENAL Rt;! l-1 STOL,Tf nor SI-LANE JACOB IIESTER• shall beas eligible to serve Successor Trustee. 1f there are no remaining Successor Trustees.SHANE JACOB l-{ES1'ER may appoint a Successor Trustee other than himself or RENAY RUT]I STOLTZ. 26. Incanacity of Settlor. The"incapacity" of the Settlor shall he determined by the Trustee in consultation with a medical doctor who has treated the Settlor and that determination shall he 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 til respect to the terms and conditions of this instrument. 28. Reserved Powers of Settlor. The Settlor reserves the right during the tat ` e.ttlot 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 ofthe trust property, all without the consent of or notice to the Trustee or any beneficiary. 1, an instrument signed and ackito wlerit3ed by the Senior • 11 .N1,0 cp;ia:att:a i�:h�!,v. RU 1$ Aaf � ., - �.� P... ...n e-d„ .m,n w'v ..e�Ah..,:°..�+'...•! � -�9.. �.6^�.t.- °�.,t3` ,`8 .. :p.5... .... -µe °-.-.. »: • 1110 and delivered to the Trustee. However.the d,/ties of the Tr:._._-s�-- I • • increased by any amendment without the written approval �"3 IN WITNESS 1t� ee WHEREOF.the Senior and the?;�,. :=` instntment on this 28th day of March.2014. ._LIS JACOB a a:.STER sr�,z its t,144 ia'3;d.,b.LT 9 1 1 7 • - • • • -F:Yerr!,i i(! Jr ' 10,:; Fr. ',1111:1 -4(71,17TH-7/ 01' n.utii ;Nrj ,j! 1.Dr, ;71,11,1 7711..31.05i7".!0,1 Df.ji uo!..;.171(1 _to riinp eaLli Lis.',It-tollyi.' 141uo:119 u,p. u.idj -8,1(32,f2,i 0)00 •i4W.11 s!si-iii1 3 uo po.;01;.1 3 p ).10 H OUj cif LitiOSZ:A.1;Ail --- 4 Ha)v SI'IT-1 riiipROCk.113,:c1pLILOS.1.34.1 30,1 ;,)..i0J0(4 10E 'Ip.11.11\1 ,i.up uo Jo :Sti H7.10 • • A 5,1••.:ohth shows ill red t:;fl tit.ic...i 40-2cre area in Paraaranh 7.3.a of the Trust. which i all of I.ot 1 fccprton of • ;: Lo 1.7 abuttinoLot 16. The location of the eastern iJay on1;1„,-:: btkoving [nap is approximate. The eastern bounclary of the 40 \y,::str2...m boului;:ity of Ie.!. 17. The Trustee shall use the 24_578 acre,,,, a II:,..,tradar,,,/ line. The. TrIstee may vary the boundaries or the ziroa it ihe Triist..R• decides hat varidt Nvill Facilitation creation of the approximately 40-acre area to be. t!istributed. •e: • • COUNTY OF STATE E O T T BILL NQ. 249 ORDINANCE NO, 04 120 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. 110 01' 00" 712.42 feet along Grant 2727, Apana 2; -1- f 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. Lcleiohoku 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. E. 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. I�. Prior to Ming 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 system 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. F. 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. Ci. 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. K Upon consultation with the Natural Resources Conservation Service, a drainage study of the subject property, if required, shall be prepared for review and approval by the Department of Public Works, prior to submittal of plans 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. 1. 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- Ii. 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- HP D. 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. 0. 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: *COCIL M B , CO TY OF AI`I lji 1 n Hawai`l Date of Introduction: May 19, 2004 Date of Ist Reading: August 18, 2004 Date of 2nd Reading: October 20, 2004 Effective Date: November 8, 2004 REFERENCE Comm. 561 -7- AGRICULTURAL(A-20aj-TC----,,, AGRICULTURAL PROJECT DISTRICT(APD)I\ 171.66 ACRS E A-20a A-20A -7sS 4�,-2(V 41 Ilk A 203 8,637.82 N 6,604.23 Iff "MILL FLAG", 0 0 �z 0 A-M) K5-15 7 -7 5ti A-20a rz A-20,) --7 K A 200 R5-T5 i ML` �'Q,-20a A-I M(; I a ii A-20a A-20a 2150 1,125 0 2.250 4,500 6,750 9000 11.250 'Feet 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 PP �EPAFZED BY: PLANNING DEPARTMENT COUNTY OF HAWAII TMK: 9-6-005V8&9-6-006:004 Date:March 3, 2004 EXHIBIT "A" (Hester Farming Co., LLCI 121) OFFICE OF THE COUNTY CLERK County of Hawaii Hila Hawaii Introduced By; Leningrad E<arionoff ROLL CALL VOTE Date introduced: May 19, 2004 A W NOES ABS EX First Reading: August 18, 2004 Arakaki X j ------------------- Published: C�,IA---- - -- Chung X Elarionof'f REMARK,V lJoischuh - . X � May 19, 2004 - Deferred Jacobson u June 7, 2004 - Public Hearing Reynolds x Safarik x Tulang X Tyler X 6 2 1 0 Second Reading: 0ctvber 20 2004 - 10 Nlayor: Gctober 22, 2004 ROLL CALL VOTE Returned: November 8� 2004 AYES NOES ABS Ek Fffective: November 8, 2004 Arakaki X Published: November 14 , 2004 Chung X Elarionoff X RE,WARKS Holschuh X - Jacobson x - _-_.., Rey=nolds X Safarik x -- -- --------- Tulang X Tyler X 6 3 0 0 f 1 li() HEREBY C'1:'RT1FY that the, w—e oing BILL vuirs adopted hyo the C'otinty>Council puhli,5hed us indicated Ubot,(". APPROVED AS TO FORM AND LEGALITY: jDfEP U'%"C!L C'N IRr1�1.4N.5�r 616'-) YCORPORATION COUNSEL A-7COUNTY OF HAWAII7TY COUNT)'CLERK Date �'� � C� _ Bill No.: 243 r� c�c� Reference: 1IPC9G 04 ft���r-trrc�Distrt�LrarG(thr:� __ � ,_� -_ c-56 -- - 1ti 4_V_"rnbtr _� 'O � Ord: ----- i(1Y� OR, CC?I!N1T OF IL41�r�11 l korai'i Cour+ty is an I.'yual Opportun+ly Provider and Employer RPDInitiatedHesterRepealREZ.crk 2.7.2022 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION PLANNING DIRECTOR INITIATED REQUEST TO REPEAL CHANGE OF ZONE OINACE N . 04 120 ( EZ 1052) Upon careful review of the request, the Planning Director recommends that the Planning Commission forward a favorable recommendation to the Hawaii County Council on this action to repeal Ordinance No. 04 120, which will revert 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. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter the recommendation. This favorable recommendation is based on the following findings: The Planning Director is initiating a request to repeal Ordinance No. 04 120 in response to a written request submitted by Gregory Pile September 22, 2021, who is the 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. 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 allow for deviations from standard roadway and water infrastructure requirements related to the development. According to the 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 (2)lots, to provide a forty(40) acre parcel to Mr. Hester's surviving spouse, which would include the 1 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,pursuant to Condition Q of the subject ordinance, which allows the Director to initiate reversion of land to its original zoning or rezoning to a more appropriate designation should conditions of approval not be met or substantially complied with in a timely fashion. This will facilitate the proposed consolidation/resubdivision action required by the Trust. A review of Planning Department records indicates that the applicant worked diligently to complete conditions of approval and requirements of the tentative subdivision approval, however, the project ultimately stalled after the last time extension to complete subdivision requirements passed in 2015 and no further time extensions were sought. The proposed reversion to the original A-20a zoning would be consistent with the General Plan's Land Use Pattern Allocation Guide(LUPAG) map Important Agricultural Lands (ial) designation, which are lands, "with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. Furthermore, since the subject parcel was rezoned the Ka`u Community Development Plan (CDP)was adopted. This long-range planning document articulates several goals, policies and actions related to conservation/preservation and protection of important/prime agricultural lands in Ka`u. Finally, the official Ka`u CDP Land Use Policy Map designates the subject rezone area as Important Agricultural Lands. Based on the preceding, the reversion to A-20a zoning will conform to the overall agricultural character of the surrounding area and will conform to the General Plan and Ka`u CDP. As required by the APD ordinance, the applicant retained Idaun & Associates to conduct an Archaeological Inventory Survey(AIS) for the entire project area. The AIS found that the area had been heavily impacted by historic and modern sugar cane cultivation and no remains of the former Meyer Camp and associated cemetery were identified by the survey. The AIS found a single archaeological site (remnants of a historic flume) and determined that the site was, "only significant for its information contend and the inventory-level documentation will be sufficient to warrant a 2 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."As such, the requested reversion and consolidation/resubdivision action required by the Trust should not have any impact on historic resources. As the subject parcels are located over six (6) miles from the nearest shoreline, they are not situated within the Special Management area. There is no known public access to the shoreline or mountains that traverses the subject properties and no known cultural resources/practices associated with the subject properties. Finally, given the extensive agricultural history of the properties, it is unlikely that any protected/endangered floral or faunal resources would be found on the subject parcels. While the requested reversion will extinguish any conditions related to the APD, the Trust will be required to consolidate and resubdivide the property in accordance with the Subdivision Code and the applicant or any subsequent owners will be responsible for developing the parcels in compliance with all other applicable governmental requirements in connection with any use permitted in the Agricultural zoning district. Failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the preceding findings, a favorable recommendation of the Planning Director's initiated action to repeal Change of Zone Ordinance 04 120 and reclassify lands from Agricultural Project District (APD)to Agricultural 20 Acres (A-20a) would result in an appropriate land use pattern and would be in the best interest of the general public. The accompanying draft bill to amend Section 25-8-28 (Ka`a District Zone Map), Chapter 25, Article 8, of the Hawaii County Code 1983 (2016 edition, as amended) is provided for your favorable consideration. Please note as this draft ordinance repeals Ordinance No. 04 120 and reverts the subject properties back to their original A-20a zoning district, there are no proposed conditions to be attached to this draft bill. 3 `O. f A I`I �I`I COUNTY OF T, T, BILL NO. ORDINANCE . (Planning Dept.) AN ORDINANCE REPEALING ORDINANCE NO. 04 120, WHICH AMENDED SECTION 25-8-28 (KAT DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—20 ACRES (A-20a) TO AGRICULTURAL PROJECT DISTRICT (APD) AT PALIMA AND PA`AU`AU, KAT, HAWAII, COVERED BY TAX MAP KEY: 9- 6-005:018 AND 9-6-006:004. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 04 120 which amended Section 25-8-28 (Ka`u District Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is hereby repealed in its entirety and the subject property shall be classified back to its original zoning district. SECTION 2. 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 Pa`au`au, Ka`u, Hawaii, shall be Agricultural—20 Acres (A-20a): 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: 1. 2130 39' 00" 1,591.69 feet along Grant 2655 to Nahala; 2. 2970 10' 00" 389.40 feet along Grant 3533 to B. P. Bishop Estate; -1- 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. 110 01' 00" 712.42 feet along Grant 2727, Apana 2; 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 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. -2- SECTION 4. This ordinance shall take effect upon approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAPI Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: -3- A-20a A-20a A-20a AGRICULTURAL PROJECT DISTRICT{APD)TO AGRICULTURAL(A-20 AREA:171.66 ACRES -2 A-20a 6.637.62'N 6.604.23'W "MILL FLAG" A-20a A-20 • A Oa Rs- 5 A-20a A-20a s' 1 � �Y Ga RS-15 RS-7.5 q RS-10 h A-20a Ap, 5,0 2a OPEN - r -2 r PEN S-10 M6-la 010 A-20a ---___' A- A-2 a A-20 Feet 0 2,500 5,000 7,500 10,000 12,500 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-28 (KAU DISTRICT ZONE MAP ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL PROJECT DISTRICT (APD) TO AGRICULTURAL (A-20a) AT PALIMA& PAAUAU, KAU, HAWAII MAP PREPARED BY: TMK:(3)-9-6-005:018&9-6-006:004 COUNTY OF HAWAH, PLANNING DEPARTMENT DATE:February 16,2022 EXHIBIT"A" Planning Director Initiated Map: 1439 a } M } ] 4 ( a } � � } 4 } � a � ) . � � . � : ) � , 4 ) ���>�» �% ® � � <�v zz%a.a , ��» © ) k.aw.�. m 4 NI I we h sx 5..d:`Si _.. .uy,,:., .,.t..,�rit k ,,d�x, '1.` ah, ., ,�..a ..�,-, s--� .y� n k•;,.. rrs"" 76 s-, U CL W U C/) o E- 0 � W �- z uW ® > Q Q O u- U V V) CO 0 EL Q LliW w0 z V) � CL- z�- F W uJ < n u-i z 2 t— J O z <C U.J Co O LIJ 0 W n � N V) V) LLJ U Q u z `C > Lu U- C m a C) ,� W Q 0 0 W Q a � C) � Uui Q .-. °- U �' ui W `� D W <C n V) -� (D 0 Z z {� N '- N Q S °= C} Q `G z �_- ry a w 1- ~ ,— — W � f�' <C W a w = O Lij H ® W S a W O v� � � Q o � � F-- zWry W = F W LL- '"-'" F- < W r H V U 0 w " W �- W ui a S W "' W O Ez Q Q , � Z 0 Un/`[ � � � W � III L!J n o = 2 aU5 _ O � U LU Z n O r� < � Z W 0 0 F- W CD `) C) J CL ■ ■ u ® ui0 } > UJ = Q U U W V) UJ 0 W O < -, w QV) �- (/0 z -) z m U ui w 0 - = � 0 ry F- ui ui W ry wCL a u w N cz uiL0 w0 t� C� CZ uj u- ::D > z z � O _ O ''- - 000 a �� a '- F- 0 � Q z Q� c z U d' F- nL z J O cn _ O ® a z O oz � W N ,® U {� = O Q D00 C6 - E- Uj o 2 Q , n uj > � =J E= w � Q d � E_ � � � W CO U z W � o w w > O z _' Q w u W W 0 O U ui = 5 <[ o/ n w z U < LIJW t— Q m<C z 0 w Z V) z VD ry = W u `t < v� Z �<C <C u F2 W I- r) = (.� 0 �- Q � w I- _x W W ~ w W W C/) Lu ~ i- 06 < J U =I- U <ry W w L1J { Fes- <C W w0 n W uJ O n C = Q � J7 ® I-C a' F- U W W t� m 0 n �< � <t W = z U tz z Q U : W W W 0 ►- W = `./ F- <C o _ 0 V) U U 3 � a = w - = F- > Q z o z � m Z U W U > U <C p �— w � — p Jui < n n ? U U o F m F- O <C rv� CL . ■ ■ »,�w � s r+ R ...,p _ .,x ..... O N i Q AGRICULTURALce 0 z m W URBAN z • Q W F-- Q N 411/ - 1 ,s. • • 0 • • • 7 r- 7 GENERAL PLAN LUPAG MAP Hc]VNE)OIOH(J • • 8;fir +r ir I r r�• �}��•¢r �, P�R J� 1 c�''-e♦fig yPRIMmil-iffil7v if? r �. Ski" rs re�.R••*: r { W Z z 0 0 Q pz z p0 W WO � � w 0 0C W UJ w � O 0 CN � U CD O AZO FMO D ::Dz V > O ui � U � az t� o ::D Z rvO Z � U J O � o- 0 WINDWARD PLANNING COMMISSION COUNTY OF HAWAII DRAFT HEARING TRANSCRIPT MARCH 3, 2022 A regularly advertised hearing on the PLANNING DIRECTOR INITIATED REPEAL OF CHANGE OF ZONE ORDINANCE No. 04 120 AND AMENDMENT TO CHAPTER 25 F THE HAWAPI COUNTY CODE was called to order at 9:15 a.m. via live stream online meeting, with Chairman Dean An presiding. COMMISSIONERS PRESENT: Dean Au, Michelle Galimba, Joseph Clarkson, Wayne De Luz, Dennis Lin, and John Replogle ABSENT AND EXCUSED: Gilbert Aguinaldo ALSO IN ATTENDANCE: Malia Kekai, Esq. (Counsel for the Commission), Jean Campbell, Esq. (Counsel for the Planning Department), Zendo Kern (Planning Director), Maija Jackson(Planning Program Manager), Christian Kay (Planner), and Noriko Sauer (Secretary to Boards and Commissions) INITIATOR: PLANNING DIRECTOR(ELLIS JACOB HESTER TRUST) (REZ 1052JPL-PDI-2021-000002) 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 (A20-a) 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) 9-6-005:108 & (3) 9-6-006:004. AU: So with that said, let's go right into our agenda item number I and, which is a Planning Director initiative to repeal Change of Zone Ordinance number 04 120, and amend Section 25-8-28, Chapter 25, Article 8, of the Hawaii County Code 1983, by reverting the current zoning of the subject properties from Agricultural Project District to their original Agricultural 20-acres zoning district for 171.782 acres of land. The rezone area consisting of two parcels is located at 96-3090 Meyer Road, approximately 1.5 miles northwest of Hawaii Belt Road, Palima and Pa`auau, Ka`u, Hawaii. TMK is (3) 9-6-005:018 and TMK(3) 9-6-006:004. So, Christian, can we have a staff presentation, please? KAY: Yes, thank you, Mr. Chair. Good morning to you and good morning to members of the Windward Planning Commission. If you give me a moment, I'll share my screen. All right, can everyone see that? Okay, great. As the Chair stated, this is a Planning Director-initiated repeal of Change of Zone Ordnance 04 120. The owner of the properties is the Ellis Jacob Hester Trust. 1 EXHIBIT A (DRAFT) 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 (DRAFT) So the Planning Director is recommending that we forward a favorable recommendation to the County Council to repeal Ordinance 04 120. With that, I'm happy to turn the time back over to the Chair, and we'll be happy to take any questions as appropriate AU: Thank you, Christian. Does any commissioners have any questions for staff? Okay, if there's no questions, I'd like to call the applicant or the applicant's representative. Mr. Greg Pile, I believe you are on. I need to swear you in. Can you please raise your right hand so I can swear you in? Do you swear or affirm to tell the truth on this matter now before the Windward Planning Commission? PILE: Yes AU: Okay,please state your name and the town you live in. PILE: My name is Greg Pile, and I live in Valley Center, California. AU: Okay, thank you, Mr. Pile, for being here. Would you like to add anything? Would you like to give your, give a presentation? PILE: I don't really have any presentation on this other than I'm just trying to follow the dictates of the Trust, and that would be to turn over the parcels that have been laid out. There is a drawingI got it somewhere—but there is a drawing of 40 acres, and that includes parts of both, both parcels, and so I'm just trying to do whatever it takes to get that done. AU: Okay. Okay, well, thank you, Mr. Pile, for being here. I'm sorry for your loss. And so I understand that our Planning Director has initiated this based off of your action. Does any commissioners have any questions for Mr. Pile? No? Okay GALIMBA: I don't have any, I don't have—Chair, can I say something? AU: Yes. GALIMBA: Yeah, I don't have any questions, but I just wanted to add on to your condolences and just say that Mr. Hester was an amazing farmer, and we are, we got lost a lot with him. PILE: Appreciate that. I am who I am and do what I do today largely due to him. I've known him since I was 14. AU: Commissioner Replogle, did you have a comment or a question? REPLOGLE: Yeah, I wanted to say that Mr. Hester brought good things to Ka`u, gave people here the view that other things could be done besides sugar and coffee. He will be missed. PILE: He did that wherever he was at. He had to give. REPLOGLE: Yep_ 3 EXHIBIT A (DRAFT) ALT: All right, thank you, guys, for those words. So at this time I'd like to entertain a motion by any commissioner. Commissioner Replogle. REPLOGLE: I move that a favorable recommendation be forwarded to the County Council to repeal Ordnance number 04 120 and revert zoning back to Agricultural 20-acres based on the Planning Director's recommendation, which shall be adopted. LIN: I second. AU: Okay, so it was, motion was made by Commissioner Replogle, seconded by Commissioner Lin. Does anybody have any discussions or comments? I'd like to just make a quick comment. Based off of Commissioner Replogle and Commissioner Galimba's response, you know, this individual and this landowner has brought a lot to the community, and, you know, I understand that that community needs that type of people in there, and, you know, he definitely will be missed. And hopefully, someone will come in and do something with that land. So, thank you. PILE: Thank you AU: Okay, with that said, we are ready to take the vote. KAY: Okay, thank you, Mr. Chair. Commissioner Replogle? REPLOGLE: Aye. KAY: Commissioner Lin? LIN: Aye. KAY: Commissioner Clarkson? CLARKSON: Aye. KAY: Commissioner De Luz? DE LUZ: Aye. KAY: Commissioner Galimba? GALIMBA: Aye. KAY: And Chair Au? AU: Aye. KAY: Thank you, Tor. Chair, motion carries, six-no i'ling. 4 EXHIBIT A (DRAFT) AU: Thank you, Mr. Pile, you will be notified in writing. Thank you very much. PILE: Is that all you needed me for on this meeting? AU: Yes, sir. Thank you very much for your plan. PILE: Thank you, appreciate it. The hearing ended at 9:26 a.m. Respectfully submitted, Noriko Sauer, Secretary Secretary to Boards and Commissions 5 EXHIBIT A(DRAFT)