PD RECOMMENDATION REPORT (PL-PDI-2021-002)

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RPDlnitiatedHesterRepealREZ.crk.2.7.2022 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION PLANNING DIRECTOR INITIATED REQUEST TO REPEAL CHANGE OF ZONE ORDINANCE NO. 04 120 (REZ 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