PD RECOMMENDATION REPORT (PL-REZ-2022-017)

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RNako aREZ.10.26.2022 COUNTY OF HAWAI`I PLANNING DEPARTMENT RECOMMENDATION SHAWN MAILE NAKOA, ESQ. CHANGE OF ZONE APPLICATION (PL-REZ-2022-000017) Upon careful review of the request against the guidelines for granting a change of zone, the Deputy Planning Director is recommending that a favorable recommendation of the Change of Zone request be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Deputy Planning Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. This favorable recommendation is based on the following findings: The applicant is requesting a Change of Zone from an Agricultural-5 acre (A-5a) zoning district to a Family Agricultural-1 acre (FA -la) zoning district for 5.29 acres of land. The purpose of this request is to subdivide the property into three lots consisting of a minimum of one acre each. The applicant is a Court -Appointed Partition Commissioner, who has been vested and authorized by the Third Circuit Court to subdivide the subject property in to three lots consisting of a minimum of one acre each, as required by the Stipulated Order Adopting Commissioner's Report 91, filed October 4, 2021, and Directing Partition in Kind of Property Pursuant to Proposed Plan for Three Lot Subdivision was filed on December 28, 2021. The parties to the Order are the landowners of the subject property. The Order concluded that, "Given the parties long-standing connection to the property and their desire to retain interests in the property, it is just and equitable to order that the Property be subdivided and partitioned in kind into three lots." The Order directs the applicant to perform the three -lot subdivision and encourages the County of Hawaii Planning Department, Department of Public Works and all other relevant government agencies to facilitate the Commissioner's efforts to subdivide the subject property in the manner set forth in the Order. According to the applicant, the subdivision process will begin immediately after approval of the rezone request. The applicant anticipates having the property subdivided by the end of 2023 and estimates the cost of the project to be minimal based on the small -1-