HomeMy WebLinkAboutPD Background Report (PL-REZ-2021-003) (002) BGoodePXZ.1.192022
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
GARVIN & LAURA GOODE
CHANGE OF ZONE APPLICATION (PL-REZ-2021-000003)
GARVIN & LAURA GOODE have submitted an application for a Change of Zone from an
Agricultural-20 acres (A-20a)to a Family Agricultural-2 acres (FA-2a) zoning district for
approximately 9.581 acres of land. The subject property is located at 27-2365 Hawaii Belt
Road, 300 feet west(mauka)if it's intersection with Kalaoa Camp Road,Portions of Aleamai &
Kalaoa, South Hilo, Hawaii, TNM: (3) 2-7-008:130.
PROPOSED ACTION
I. Applicants' Request: Change of Zone from an Agricultural-20 acres (A-20a)to a
Family Agricultural-2 acres (FA-2a) zoning district for approximately 9.581 acres of land
in order to create a three (3)-lot subdivision. Currently there are two (2) dwellings (single
family dwelling and an additional farm dwelling)located on the subject property and an
entitlement for a second additional farm dwelling that has not yet been built. The
property is currently being used to cultivate a variety of fruit trees, and includes a start up
nursery and a small equestrian use. Requirements for establishing a land use in the FA
zoning district, including a list of the variety of permitted land uses, are shown in Section
25-5-60 to 62 of the Zoning Code. (Planning Department Exhibit 1 —Zoning Code
Requirements for Family Agricultural Districts)
2. Proposed Development: If the requested land use entitlement changes are approved,the
applicants propose to subdivide the subject parcel into three (3)lots, consisting of
approximately 3.7 acres, 2.8 acres, and 2.083 acres, exclusive of a 1+ acre road/utility
easement that bisects the property. The applicants are currently eligible to have a total of
three (3) dwellings on the subject property,two (2) of which are defined as additional
farm dwellings, and the third as a single-family dwelling used as a bed and breakfast.
Two (2) of the three (3) lots would be conveyed to family members, and would each
contain a farm dwelling,while the lot with the single-family dwelling would be retained
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with the applicants who intend to continue to operate an approved Bed and Breakfast
operation. The applicants initially considered an FA-3a zoning, however, given the
current physical constraints of the property (shape of the property and placement of
existing dwellings thereon and the 1+ acre roadway bisecting the property), the applicants
could not devise a subdivision site design to meet their stated three (3) lot subdivision
objective,thus the applicants are requesting the FA-2a zoning. Please note,while the
proposed FA-2a zoning and existing lot size could theoretically allow subdivision of the
property into four(4) lots,the same site constraints make this practically impossible.
3. Construction Timeframe: According to the applicant, a subdivision application would
be filed immediately after the granting of the Change of Zone. The applicant antitipcates
having the property subdivided by mid-year 2022 and cost of the project to be minimal.
4. Supportive Information: The applicant has submitted the attached in support of the
request(P. D. Exhibit 2—Change of Zone Application dated June 16,2021; P.D.
Exhibit 3 —Supplemental Information dated August 9,2021)
5. Landowners: Garvin and Laura Goode.
BACKGROUND INFORMATION
6. October 7,2009: Date the Planning Department approved an additional farm dwelling
for the subject parcel (FDA-09-000255). The additional farm dwelling was constructed
and is currently occupied by persons helping with the farm.
7. August 1,2013: Date the Windward Planning Commission approved a three (3)
Bedroom Bed and Breakfast operation with a certified kitchen within an existing single-
family dwelling located in the northeast area on the subject property (SPP 13-000151).
8. November 10,2020 : Date the Planning Department approved a second additional farm
dwelling that has not been constructed (FDA-18-000459).
STATE, COUNTY& COMMUNITY PLANS
9. State Land Use District: Agricultural.
10. General Plan LUPAG Map Designation: While the property is designated as Important
Agricultural Land (ial) and Low Density Urban (ldu) on the General Plan LUPAG map,
given the broad brush nature of the LUPAG map, the Planning Director has determined
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that the subject property is situated within the Low Density Urban (ldu) LUPAG
designation, which allows, "residential use, with ancillary community and public uses,
and neighborhood and convenience-type commercial uses; overall residential density
may be up to six units per acre. "
11. County Zoning: Agricultural-20 acres (A-20a).
12. Hamakua Community Development Plan (HCDP): The HCDP was adopted by
Ordinance No. 18 78, with an effective date of August 22, 2018.
13. Special Management Area (SMA): The subject property is not situated within the SMA
and is located approximately two (2) miles away from the nearest shoreline.
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
14. Subject Property: The property is irregular in shape and located mauka of Highway 19,
where the property is bisected by Kalaoa Camp Road. There are two (2) existing
dwellings and several farm related structures on the property to support the existing farm
operation. The site is situated at an elevation of 350 feet above sea level, and the land
gently rises at a 5-10% slope from the eastern side to the western side of the property.
According to the applicants,there are a variety of existing fruit trees on the site, including
bananas, avocado, citrus, lychee, and mango, in addition to a start-up nursery and small
equestrian activity.
15. Surrounding Land Uses/Zoning: Surrounding land uses are generally rural and/or
agricultural in nature,with a mix of dwellings and active farms. Properties directly
adjacent to the subject property are zoned A-20a, as are most parcels to the north and
west.Nearby parcels to the south and east of the subject property are zoned A-1Oa, A-la
and RS-10.
16. ALISH: Prime Agricultural Land
17. Land Study Bureau's Detailed Land Classification System: "C" or"Fair"
18. US Soil Survey: The soils on the site are classified as Hilo hydrous silty clay loam, with
0 to 10 percent slopes.
19. Flood Zone: Zone X, an area determined by FEMA to be outside the 500-year
floodplain.
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20. Flora/Fauna Resources: No professional floral or faunal survey was conducted of the
property. The applicant reports that the property is cultivated into fruit bearing trees with
some use for an equestrian component. Given the elevation of the property, it would be
possible to find the Hawaiian Hawk(I`o) and the Hawaiian Owl (Pueo). The subject
property was formerly used to grow sugar cane and has been developed for agricultural
uses and dwellings. As such,the applicants do not believe that rare or endangered floral
or faunal resources are likely to be found within the subject site.
21. Archaeological/Cultural/Historical Resources: No professional archaeological and
cultural study was conducted of the property. According to the applicants,the site was
previously cleared for cultivation of sugar cane, and it is unlikely that the site has
archeological features due to previous land altering activities. The applicants have noted
that in the event any inadvertent discoveries are made during any land disturbance
activity, work will cease, and the applicant will immediately notify the Planning
Department and the State DLNR to secure clearances before proceeding further.
22. Public Access: There is no designated public access to the mountains or the shoreline
that traverses the property.
UTILITIES AND SERVICES
23. Access: Access to the project will be from Kalaoa Camp Road, an existing, 12-13-foot-
wide pavement within a 30-foot-wide roadway easement that bisects the subject property.
The portion of the private road from Highway 19 up to the subject parcel has an existing
12-13-foot-wide pavement with 3-foot graveled shoulders. The private road is accessed
from Highway 19, a State-owned road with a 22-foot wide pavement and paved shoulders
within a 100-foot right of way.
24. Water: County water is available from an existing 4-inch waterline within Kalaoa Camp
Road,which fronts the subject parcel. The subject property is currently serviced by two
(2), 5/8-inch water meters. In their February 19, 2021,memo for the Additional Farm
Dwelling Application (FDA-18-000459)the Department of Water Supply (DWS)
required the landowners to install a 1-inch service lateral to service a new 5/8-inch meter
for the second additional farm dwelling (Planning Department Exhibit 4—February
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19,2021 DWS memo.) The applicants have stated that they are in the process of
installing a third water meter to serve the third proposed dwelling. Furthermore, the DWS
in their December 3, 2021,memo to the Planning Department(Planning Department
Exhibit 5 -December 3,2021 DWS memo.), DWS requested that the applicant
designate, in writing,which lot within the proposed subdivision will be assigned the
existing service,prior to recommending final subdivision approval. Should the existing
meter or service lateral not front the parcel that it will serve,the existing meter or service
lateral would need to be relocated to comply with DWS rules and regulations. DWS
additionally requested that the plat map be revised to show the existing meter locations
with the meter numbers.
25. Wastewater: There is no County sewer in the area. The two (2) existing dwellings are
currently served by their own cesspools. The new dwelling will have a septic system
installed in accordance with the requirements of the State Department of Health.
26. Solid Waste: There are no municipal waste collection services in the County. According
to the application, solid waste will be handled by commercial haulers or individual
homeowners,who will dispose of the refuse at authorized transfer stations or landfill
sites. Additionally, all agricultural waste will be retained and utilized on the property.
27. Utilities and Services: All essential utilities and services are available to the property.
Police services,fire services and medical services are available in Hilo, approximately
four(4)miles from the subject property.
AGENCY COMMENTS PROVIDED
28. Department of Public Works-Engineering Division: (Planning Department Exhibit
6- November 24,2021 memo.)
29. Department of Environmental Management: (Planning Department Exhibit 7-
November 29,2021 memo.)
30. State Department of Land and Natural Resources-Engineering Division: (Planning
Department Exhibit 8 -November 22,2021 memo.)
31. State Department of Land and Natural Resources-Commission on Water Resource
Management: (Planning Department Exhibit 9-December 13,2021 memo.)
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32. Fire Department: (Planning Department Exhibit 10 -November 19, 2021 memo.)
AGENCIES -NO COMMENTS OR OBJECTIONS
33. Police Department; Real Property Tax, State Department of Health
PUBLIC COMMENTS
34. Berndt Stugger Testimony: (Planning Department Exhibit 11 -December 15, 2021
email)
35. Dan Corson Testimony: (Planning Department Exhibit 12 -December 15, 2021
email)
36. Violet Oliver Testimony: (Planning Department Exhibit 13 —January 17, 2022
letter)
37. Steve Zoll Testimony: (Planning Department Exhibit 14 —January 16, 2022 email)
38. William Hurt Testimony: (Planning Department Exhibit 15 —January 19, 2022
email)
APPLICANT'S RESPONSE TO COMMENTS:
39. The applicant has submitted response letters to comments received from several agencies.
(Planning Department Exhibit 16—December 6, 2021 letter; Planning Department
Exhibit 17—December 20, 2021 letter; Planning Department Exhibit 18 —January
10, 2022 letter)
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ZONING § 25-5-57
Section 25-5-57. Other regulations.
(a) If any legal building site in the RA district has an area less than one-half acre, then
the yard and height requirements for the building site shall be the same as the
yard requirements for the RS district.
(b) 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.
(c) An ohana dwelling may be located on any building site in the RA district, as
permitted under article 6, division 3 of this chapter.
(d) Exceptions to the regulations for the RA district regarding heights, building site
areas, building site average widths and yards, may be approved by the commission
within a planned unit development pursuant to article 6, division 1 of this chapter.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 4.)
Division 6. FA, Family Agricultural Districts.
Section 25-5-60. Purpose and applicability.
The FA (family agricultural) district provides for a blend of small-scale agricultural
operations associated with residential activities and which may be characterized by
farm estates, small acreage farms, or subsistence lots. The FA district is intended to be
in areas designated as being within the State land use agricultural district, where
public services and infrastructure are appropriate to support the very low density
residential needs of a rural community and where substantial number of parcels are
less than five acres in size, and where a mix of uses will not conflict with or be
detrimental to existing agricultural uses in the surrounding area.
In addition, this district is intended to be primarily comprised of agricultural lands
less than five acres in area, which are not classified as A or B lands under the land
study bureau's master productivity rating, or classified as prime, unique, or other
important agricultural lands. Provided, that this district may include lands so classified
if the lands are situated within an urban expansion or other urban designation under
the general plan land use pattern allocation guide (LUPAG) map.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-61. Designation of FA districts.
Each FA (family agricultural) district shall be designated on the zoning map by the
symbol "IN' followed by a number and the lower case letter"a" which indicates the
required number of acres for each building site. For example, FA-1a means a family
agricultural district with a minimum building site area of one acre.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
25-87
Planning Depi.
Exhibit -- 1
§ 25-5-62 HAWAII COUNTY CODE
Section 25-5-62. Permitted uses.
(a) The following uses shall be permitted in FA districts:
(1) Agricultural products processing, minor, provided that the area or buildings
used for such processing, shall be located at least seventy-five feet from any
street.
(2) Agricultural tourism as permitted under section 25-4-15.
(3) Animal hospitals.
(4) Aquaculture.
(5) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental
stations, arboretums, floriculture, and similar uses dealing with the growing of
plants.
(6) 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.
(7) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(8) Crop production.
(9) Dwelling, single-family, as permitted under chapter 205, Hawaii Revised
Statutes and as permitted under section 25-5-67(b).
(10) Farm dwellings, as permitted under section 25-5-67(b) and (c).
(11) Game and fish propagation.
(12) Group living facilities.
(13) Kennels.
(14) Livestock, grazing; provided that any feed or water area, salt lick, corral, run,
barn, shed, stable, house, hutch, or other enclosure for the keeping of any
permitted animals shall be located at least seventy-five feet from any lot line.
(15) Public uses and structures, necessary for agricultural practices.
(16) Retention, restoration, rehabilitation, or improvement of buildings or sites of
historic or scenic interest.
(17) Riding academies, and rental or boarding stables.
(18) Roadside stands for the sale of agricultural products grown on the premises.
(19) Utility substations, as permitted under section 25-4-11.
(20) Vehicle and equipment storage areas that are directly accessory to
aquaculture, crop production, game and fish propagation, and livestock
grazing.
(21) Veterinary establishments.
(b) The following uses may be permitted in the FA district, provided that a use permit
is issued for each use:
(1) Golf courses and related golf course uses, including golf 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.
25-88
ZONING § 25-5-62
(c) The following uses may be permitted in the FA 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) Bed and breakfast establishments, as permitted under section 25-4-7.
(3) Community buildings, as permitted under section 25-4-11.
(4) Family child care homes.
(5) Home occupations, as permitted under section 25-4-13.
(6) Meeting facilities.
(7) Model homes, as permitted under section 25-4-8.
(8) Public uses and structures, other than those necessary for agricultural
practices, as provided under section 25-4-11.
(9) Temporary real estate offices, as permitted under section 25-4-8.
(10) 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 FA district, provided that either a use
permit is issued for each use if the building site is within 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) Churches, temples and synagogues.
(3) Crematoriums, funeral homes, funeral services, and mortuaries.
(4) Day care centers.
(5) Hospitals, sanitariums, old age, convalescent, nursing and rest homes.
(6) Major outdoor amusement and recreation facilities, includes stadiums, sports
arenas, and other similar open air recreational uses.
(7) Medical clinics.
(8) Schools.
(e) Buildings and uses accessory to the uses permitted in this section shall also be
permitted in the FA district.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2008, ord 08-155, sec 12; am 2010,
ord 10-17, sec 5; am 2012, ord 12-28, sec 8; ord 12-124, sec 7; am 2014, ord 14-86, sec 8;
am 2021, ord 21-26, sec 9.)
Section 25-5-63. Height limits.
The height limit in FA districts 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.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-64. Minimum building site area.
The minimum building site area in the FA district shall be one acre. Other FA
districts having larger areas may be designated in increments of one acre up to a
recommended maximum of five acres.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
25-89 SUPP. 10 (7-2021)
25-5-65 HAWAII COUNTY CODE
Section 25-5-65. Minimum building site average width.
Each building site in the FA district must have a minimum average width of one
hundred twenty feet for the initial one acre 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 three hundred feet.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-66. Minimum yards.
(a) Except as otherwise provided in this section, the minimum yards in the FA district
shall be thirty feet for front and rear yards and twenty feet for side yards.
(b) In the FA district, accessory buildings and enclosures (other than fences under
eight feet high) for the shelter and confinement of any livestock shall be at least
thirty feet from the side and rear property lines.
(c) Appropriate additional setbacks from adjacent residential zoned lands may be
required by the director for those facilities and uses which may include more
frequently used machinery and equipment in order to minimize potential lighting,
odor, vector and air and water quality impacts.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-67. Other regulations.
(a) If any legal building site in an FA district has an area of less than one acre, then
the yard and height requirements for the building site shall be the same as the
yard and height requirements in the RA district.
(b) One single-family dwelling or one farm dwelling shall be permitted on any building
site in the FA district. A farm dwelling is a single-family dwelling 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 FA 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.
(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 FA district, as
permitted under article 6, division 3 of this chapter.
25-90
ZONING § 25-5-67
(e) Exceptions to the regulations for the FA district regarding heights, building site
areas, building site average widths and yards, may be approved by the commission
within a planned unit development.
(f) Plan approval shall be required prior to the construction or installation of any new
structure or development, or of any addition to an existing structure or
development which is used for minor agricultural products processing.
(1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 4.)
Division 7.A,Agricultural Districts.
Section 25-5-70. Purpose and applicability.
The A (agricultural) district provides for agricultural and very low density
agriculturally-based residential use, encompassing rural areas of good to marginal
agricultural and grazing land, forest land, game habitats, and areas where urbanization
is not found to be appropriate.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-71. Designation of A districts.
Each A (agricultural) district shall be designated on the zoning map by the symbol
"A" followed by a number together with the lower case letter"a" which indicates the
required or minimum number of acres for each building site. For example, A-10a means
an agricultural district with a minimum building site area of ten acres.
(1996, ord 96-160, sec 2; ratified April 6, 1999.)
Section 25-5-72. Permitted uses.
(a) The following uses shall be permitted in the A district:
(1) Agricultural parks.
(2) Agricultural products processing, major and minor.
(3) Agricultural tourism as permitted under section 25-4-15.
(4) Animal hospitals.
(5) Aquaculture.
(6) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental
stations, arboretums, floriculture, and similar uses dealing with the growing of
plants.
(7) Campgrounds, parks, playgrounds, tennis courts, swimming pools, and other
similar open area recreational facilities, where none of the recreational
features are entirely enclosed in a building.
(8) Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this
Code.
(9) Crop production.
(10) Dwelling, single-family, as permitted under chapter 205, Hawaii Revised
Statutes and as permitted under section 25-5-77(b).
(11) Farm dwellings, as permitted under section 25-5-77(b) and (c).
25-91
APPLICATION
FOR
COUNTY REZONING
(A-20a to FA-2a)
GARVIN AND LAURA GOODE
ALEMAI, SOUTH HILO, HAWAII
TMK: (3) 2-7-008: 130
Prepared For:
Garvin and Laura Goode
Prepared By:
Sidney M. Fuke, Planning Consultant
August 2421
Planning Dept.
Exhibit 2
CHANGE OF ZONE APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTMENT
(Type or legibly print the requested information)
APPLICANT: Garvin and Laura Goode.
APPLICANT'S SIGNATU ATE: 06/15/21
ADDRESS: P.O. Box 552 Papai'kou, Hawaii 96781
LIST APPLICANT'S INTEREST IF NOT OWNER:
LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS:
PHONE:(Bus.) (Res.) (808)964-2291 (Fax)
LANDOWNER(S): Garvin C. Goode T ust and IAura 1. node Trust
LANDOWNER SIGNATURE): ATE: 05/16/21
(May be by letter} ir
LANDOWNER(S) ADDRESS: P. Box Box 552 Papai'kou. Hawai'i 96781
REQUEST: A-20a TO FA-2a
(Existing zoning) (Proposed Zoning)
TAX MAP KEY: 2-7-008. 130
STREET ADDRESS OF PROPERTY: 27-2365 Hawaii Beit Road
SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 9.51 acres
AGENT: Sidney M. Fuke, Planing Consultant
ADDRESS:_ 100 Pauahi Street, Suite 212
Hilo HI 96720
TELEPHONE:(Bus.) 969-1522 (Res.) (Fax)
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: Sidney Fuke COPIES: Garvin Goode
ATTACHMENT
Agricultural Rezoning
PLANNING DEPARTMENT
COUNTY OF HAWAII
APPLICATION FOR CHANGE OF ZONE
I • If your request is approved, do you intend to subdivide the subject
land in accordance with the approved change of zone? Yes
If yes, please answer the rest of question i and then to question 3.
a. How many acres of the requested area do you intend to subdivide? All
b. Into what lot sizes? 2}ac
C. If your request is approved, approximately how long after the
date of approval do you expect to submit your subdivision plans
to the Planning Department for preliminary approval? I month
d. Do you intend to build houses on the newly created lots? yes
If yes, please answer the following questions:
On how many of those lots? 2
At what approximate price range? House $350K
Lot NIA
Total $350K
Approximately how long, after approval of the subdivision,
would the first house be available for occupancy? Zyrs
If you intend to subdivide, please submit a preliminary schematic
subdivision plan together with your change of zone application
form.
2. If you have no firm plans of subdividing the subject area, do you
intend to:
a. Sell or lease the land to someone who has firm plans? NIA
b• Sell or lease the land to someone who has tentative plans? NIA
� • Sell or lcazo the land to someone who has no plans? N/A
d. Keep it? NIA
e.
P. D. 2 5184
f If you intend to do either a, b, c, please elaborate on the kind
of plans the other party has . Please, also , include in your
answer approximately how soon after approval of your rezoning do
you expect to transfer the subject land to another party.
3. Do you think that your request and your further plans for the land
will alleviate the local housing situation? Yes
How?
Increases overall supply for small scale agricultural lots that allows a residence.
4. Are there any buildings on the subject area? No
If so, what kind?
What do you intend to do with those buildings if your request is
approved?
5, Is the subject land currently being used for any agricultural activity? no
If so, please list the kinds of products grown and on how many
square feet or acres of land per product.
5. Was your request to allow for the creation of smaller agricultural
lots? Yes
If so, did your plan include the following considerations?
a. Commodity to be produced?
What kinds of commodity?
b. Suitability of the proposed lot-size for that commodity?
Sufficient farm size to allow reasonable chance of success in
commercial agriculture?
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Agricultural leases or other forms of assurance that potential
buyers or leases would put the subject area into some form of
agricultural use?
Please state the proposed type of arrangement.
Please refer to planning and environmental report for this request.
Please submit your agricultural plans for the subject area and
present evidence of consideration of the above requirements together
with your request for a change of zone.
If you do not intend to subdivide the subject land for some sort of
agricultural purpose, please state your other reasons.
7. To your knowledge, has there been any flooding and/or drainage problem
on the subject area? No
If so, please describe the problem.
Please refer to planning and environmental report for this request.
8. Do you think that the roads leading to the subject area needs
improvements? No
If so, what kind?
Please refer to planning and environmental report for this request.
Is the road adequate for the proposed traffic volume or load? Yes
9. What sort of governmental assistance and/or improvements do you feel will
be needed in the subject area when developed?
Yes No
a. Schools x
b. Roads X
C- sewer x
d. Drainage x
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Yes No
e . Police Protection X
f . Fire Protection X
X
9, Recreational Facilities
X
h . Public Utilities
X
I Other
For those checked "yes", please elaborate what type or kinds of improvements
and/or assistance are needed.
Signature:
Address: P. Q. Bax 552 Papai'kou, H1 96781
Talephome: f8M 964-2291
Date: .tune 3,2021
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COUNTY ENVIRONMENTAL REPORT
COUNTY REZONING REQUEST (A-20a to FA-2a)
GARVIN AND LAURA GOODE
ALEAMAI, SOUTH HILO, HAWAII
TAX MAP KEY: (3) 2-7-008: 130
I. INTRODUCTION
Garvin and Laura Goode ("applicants") are requesting the rezoning of a
9.581 acre parcel from the Agriculture (A-20a) to Family-Agriculture (FA-2a)
district in Alemai, South Hilo, Hawaii. The property is located mauka of the
Hawai'i Belt Highway (Highway 19), approximately 1/2 mile north or Hamakua
side of the intersection of the Old Mamalahoa Highway and Highway 19.
More specifically, it straddles Kalaoa Camp Road, approximately 600 feet
west of Highway 19. (Figures 1 and 2).
If approved, the applicants intend to subdivide the 9.5+-acre parcel into three
(3) lots, consisting of 3.7+1- acre, 2.8+1- acre, and 2+l- acre, exclusive of a 1+
acre road/utility easement that bisects the property. Two (2) of the lots would
be conveyed to family members, while the other with the family dwelling,
would be retained with the applicants. One of the applicants' family
members intend to construct its dwelling on one of those lots. In the end, all
three lots would have some measure of family-agricultural activities on the
lots. The request, thus, is essentially a family-agricultural subdivision.
II. PROJECT LOCATION
As noted earlier, the subject property is located on the mauka side of the
Hawaii Belt Highway (19), approximately '/2 mile north or Hamakua side of
the intersection of the Old Mamalahoa Highway and Highway 19. More
specifically, it straddles Kalaoa Camp Road, approximately 600 feet west of
Highway 19. (Figures 1 and 2).
III. PROJECT DESCRIPTION
A. Project Concept and Components
The subject site is currently cultivated with a variety of fruit trees, a
startup nursery, and a small equestrian activity, all of which are
owned, operated, and maintained by the applicants with some help.
Specifically, the site has been planted with bananas, avocado, citrus,
lychee, mango, and a variety of other fruit-bearing trees. They are in
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the beginning of establishing a nursery as well as an equestrian
operation.
To assist with the farming activities, the applicants applied for and
received approval in 2009 {FDA-09-000255} for an additional farm
dwelling. That dwelling was constructed and currently occupied by
persons helping with the farm.
Subsequently, the applicants applied for a Special Permit and
received approval in 2013 to operate a Bed and Breakfast ("B&B")
within their dwelling (SPP 14-001390). That dwelling —which existed
prior to the approval of the aforementioned farm dwelling -was thus
not considered a farm dwelling. Thus, that dwelling was technically
considered the first farm dwelling.
As the applicants are advancing in age, maintaining both the farm and
B&B became a little too onerous. Concurrently, they desire to use the
site as part of their overall estate planning, conveying a lot each to
their children.
Along those lines, with the intention of having one of their children live
on the site, an additional (2nd) farm dwelling permit was issued by the
Planning Director in a letter, dated November 10, 2020 (FDA-18-
000459). With this approval, the subject property would be eligible to
have three (3) dwellings, two (2) of which would be defined as farrn
dwellings and the last one, as a B&B dwelling.
Although all three (3) dwellings are allowed without the land being
subdivided, it would render potential complications with respect to
financing, conveyance, and liability. The Applicants, at some point in
time, would also like to be in a position to convey their B&B home and
the other two (2) farm dwellings to their children. Along those lines,
they would like to them secure their own financing associated with
their respective properties. As such, the 3-lot subdivision would
address their needs.
The proposed layout is reflected in the proposed subdivision map.
(Figure 3)_ The largest lot (Lot C-1), consisting of 3.718 acres, would
continue as a B&B and operated by the applicants until it is time for
them to convey it to one of their children. That site would also include
a banana farm and some equestrian activities.
Proposed Lot C-2, consisting of 2.820 acres, is the site of the existing
farm dwelling. That site includes over 80 avocado trees. Lot C-3,
2
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consisting of 2.383 acres, would be the site of the new farm dwelling
and the focus of the equestrian activity.
It should be noted that there is a 1-acre area that is a road/utility
easement that separates Lot C-3 from the other two (2) lots. This
easement will either be designated as a road lot or as an easement
and incorporated into one of the lots during the subdivision process.
As currently configured, all lots would front an existing access
easement that is commonly referred to as the Kalaoa Camp Road.
The Road is paved to a width of 12+ feet with graveled shoulders.
It is understood that the subdivision plan submitted herein may have
to be adjusted prior to receipt of final subdivision approval to
accommodate County subdivision requirements and appropriate
conditions of rezoning approval.
B. Project Timetable and Cost
The Applicants hope to secure County rezoning approval as soon as
possible and begin the subdivision process immediately thereafter.
Tentatively, plans call for having the land subdivided by the middle of
next year. The estimated cost of improvements for this project should
not be significant, as the site is already serviced with a County-
approved private water system, and access will be via an existing
private road easement that is used by residents of Kalaoa Camp.
IV. INSTITUTIONAL CONSIDERATIONS
A. State Lard Use
The subject site is situated within the State Land Use Agriculture
district. Based on the size of the requested area, no State Land Use
Commission action is required. The County of Hawai'i can process
the rezoning request.
B. County Gonoral Plan
The County General Plan Land Use Pattern Allocation Guide
("LUPAG") map was not designed to be specifically measurable and
instead be a broad-brush description of desired land use patterns.
However, with the advent of technology, the map was formatted into
measurable patterns.
3
Under the digitized format, the subject site has two (2) designations on
the LUPAG map. The upper portion is designated Important
Agricultural Lands, while the makai portion, Low Density Urban.
(Figure 4) Important Agricultural Land is attributed to those lands
with "better potential for sustained high agricultural yields because of
soil type, climate, topography, or other factors." The Low Density
Urban designation allows uses that are single-family residential in
character, ancillary community and public uses and convenience type
of commercial uses.
Notwithstanding the digitized identification of the upper portion of the
subject site being designed Important Agricultural Lands, it is
maintained that the Low Density Urban interpretation is a reasonable
and justifiable one for a number of reasons.
For one, the LUPAG map was intended to serve as a land use wide
and equally so, not intended to be specifically measurable. As noted
in the introductory section of the General Plan (Ordinance No. 05 25),
the County GP "is theop lice document for the long range
comprehensive development of the island of Hawaii."(Underscore
added). There are thirteen (13) elements ranging from Economy to
Land Use where policies, standards, and courses of action are
outlined. These are then broken down by the various political districts
of the County.
Relative to the Land Use element, in addition to the policies,
standards, and courses of action, there is also reference to a LUPAG
map. The GP notes that this map "indicates theeg neral location of
various land use in relation to each other." It goes on to note that "The
land use pattern is a broad, flexible design intended foura ide the
direction and qualify of future developments in a coordinated and
rational manner."(Underscores added)
Furthermore, in the Standards portion of the Land Use element, there
is a description of how this LUPAG map is to be used as well as how
zoning requests should be evaluated. Specifically, pertinent portions
of the Standards state:
■ "The designated land uses will be delineated on the General Plan
Land Use Pattern Allocation Guide Map. The broad-brush
boundaries indicated are graphic expressions of the General Plan
policies, particularly those relating to land uses. They are long-
range ug ides to general location... ."(Underscore added).
4
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• "The establishment of urban-type zoning may include additional
acreages to account for acreages utilized for public benefit, such
as historic sites, public access and parks."
Based on the above, the LUPAG map was never designed to be
specifically measurable. It is intended to depict "broad-brush
boundaries" and represents long-rangeug ides to general location.
True to its description - Land Use Pattern Allocation Guide -, the map
is intended to serve as a "guide" and not be applied in the same way
as a zoning map, where its deviation would necessitate an
amendment. If the LUPAG map were to be applied and used in the
same way as a zoning map, it would not be possible for many
previously-approved Special Permits —such as an auto repair facility
or visitor accommodation facilities like a bed and breakfast or inn - to
be approved in areas interpreted to be in the Extensive Agricultural,
Orchard, or Intensive Agriculture Land category.
The point here is that the GP is basically a policy document and the
LUPAG map is a corollary guide that helps with the evaluation of a
land use request relative to these policies. In the end, a case must be
made to demonstrate how a request addresses the policies of the GP
and not necessarily the LUPAG map.
The other point is that the Applicants, in a discussion with one of the
Department's staff was informed that the FA-2a request would be
consistent with the LUPAG map. This is an understandable
interpretation, given the foregoing discussion.
Based on the requested Family-Agriculture (FA-2a) designation, it is
maintained that the project would be consistent with the General Flan
LUPAG map, and no amendment to the map is needed.
C. Hamakua Community Development Plan {"HCDP"]
Relative to the CDP, Section 15.1 of the County General Plan called
for the development and eventual County Council adoption of
Community Development Plans. The General Plan states that the
CDP "will translate the broad General Plan statements to specific
actions as they apply to specific geographical areas." The General
Plan also notes that should the CDP require a General Plan
amendment, it could be considered concurrent with the adoption of the
CDP. However, "If there is a direct conflict between the Community
Development Plan and the General Plan, the General Plan shall be
controlling."
5
Pursuant to the above, the Hamakua CDP ("HCP") was developed
and adopted by the Hawai'i County Council on August 8, 2018. It
became effective on August 22, 2018 as Ordinance No. 18 78.
Using the LUPAG digitized map designations, the HCDP noted the
mauka portion of the site "Intensive Agricultural', while the lower side,
Low Density Urban, as depicted in its Figure S.
The HCDP also identified 13 Community Objectives that were broken
down and/or assigned into three (3) major areas: 1) 'Aina (natural
resources, and ag as related to conservation of natural resources,
public access); 2) Community (culture, town planning, infrastructure,
public facilities, services, transportation); and 3) Economy
(employment, industry, business development, small town
revitalization, agriculture, tourism).
Relative to 'Ain a, there were three (3) specific objectives.
• Objective 1: Protect, restore and enhance watershed
ecosystems, sweeping views, and open spaces from mauka
forests to makai shorelines..."
The site is not part of any watershed area, nor does it have any
maukalmakai access. As such, the project does not affect this
objective.
■ Objective 2: Protect and restore viable agricultural lands and
resources. Protect and enhance viewscapes and open spaces
that exemplify Hamakua's rural character.
The applicants already have an on-going farm on the property.
This will continue. Given the age of the applicants, with thE!
rezoning and subdivision of the property for family members, it
will ensure continued agricultural activities on the site. The 2+
acre farm lots are consistent with the rural character of this
area.
4bieotiye 3; Encourage community-based collaborative
management plans... ."
This objective is not applicable to the request, as this is a policy
directed at governmental bodies.
Relative to the four (4) specific objectives of the Community section:
6
Figure 4: Papa'ikou
"aniana'oi
School
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i
'L
H5mi w CDP
LUPAG MAP
FIGURE 5
• Objective 4: Protect and nurture Hamakua's social and cultural
diversity and heritage assets, including sacred places, historic
sites and buildings, and distinctive plantation towns.
The subject site is not within existing plantation towns, and
thus, this objective is not applicable.
• Objective 5: Direct future settlement patterns that are
sustainable and connected. Honor Hamakua's historic and
cultural assets by concentrating new development in existing,
walkable, mixed use town centers while limiting rural sprawl.
While the site is not within existing town, it is proximate to an
existing plantation camp called Kalaoa. The proposed lot size
will be rural in nature, and there will be no more than the
existing two (2) and one (1) new approved dwellings on the
property. The visual and functional nature of the site will thus
not be altered.
• Objective 6: "Develop and improve critical community
infrastructure, including utilities, healthcare, emergency
services, affordable housing, educational opportunities and
recreational facilities to keep our'ohana safe, strong, and
health.,,
While the project will utilize existing and not expand utility
infrastructure (such as water and access), it will contribute
towards the community infrastructure. The project will provide
much needed housing opportunities for family members, thus
helping make its `ohana stronger.
• 0biective 7: establish a rural transportation network... . "
This objective provides directions for governmental actions. As
such, it is not really applicable.
The third and last category, Economy, identifies the remaining six (6)
objective3.
• Objective 8: "Promote, preserve and enhance a diverse,
sustainable, local economy."
• Objective 9: "Encourage the increase and diversity of
employment and living options for residents, including living
wage jobs and entrepreneurial opportunities that allow
7
residents to work and shop close to home and that complement
Hamakua's ecology, rural character, and cultural heritage."
The focus of these objectives (plus Objective 6) is having
housing, including affordable ones, proximate to areas of
service and employment. This project achieves those
objectives. The site is located proximate to areas of
employment, yet in a rural setting.
• Objective 110: Revitalize retail, service, dining, and
entertainment centers that complement the community's rural
character and culture.
This objective is not applicable.
• Objective 11: Enhance and promote local and sustainable
agriculture, farming, ranching, renewable energy, and related
economic support systems.
With its emphasis on family-agriculture, the project will fulfill this
objective.
• Ob'ective 12: Preserve traditional subsistence practices and
encourages a reciprocity (e.g., bartering) economy as a
sustainable complement to Hamakua's resource-based
economy.
While the applicants' farming operations is financially
conventional, they do periodically engage in "bartering" or
"sharing" with other agricultural producers or neighbors.
• Objective 13: Promote appropriate rural tourism that welcomes
guests for an alternative visitor experience... . "
With its B&B component, the project collectively will implement
Objectives 11, 12, and 13.
In light the above, it is maintained that the Applicants' request is
consistent with an implement the objectives of the HCP.
D. County Zoning
The County zoning of the subject property is Agriculture (A-20a).
8
The immediately adjoining properties are also zoned A-20a, while
some properties on the makai side of the Highway are zoned RS-70.
Far the most part, however, the size of the lots in the vicinity range
between 1-5+ acres in size and thus, do not necessarily correspond to
the minimum area called for in the A-20a zoning. (See Figure 2)
If approved, the site would be subdivided in a manner meeting with
the requirements of both the Zoning and Subdivision Codes. Further,
all uses and standards consistent with the requested FA-2a zone
would be adhered to.
It should be noted that in describing the "Purpose and Applicability" of
the Family Agricultural district, the Zoning Code describes the district
as being "intended to be primarily comprised of agricultural lands less
than five acres in area, which are not classified as A or B lands under
the land study bureau's master productivity rating, or classified as
prime, unique, or other important agricultural lands. (Section 25-5-66)
The soil of the subject site is classified "C" or fair, making this rezoning
possible.
E. Relationship to SMA Objectives and Policies
The site is not located within the County Special Management Area
(SMA). No SMA Use Permit is required. However, as the entire
island falls within the Coastal Zone Management (CZM) Area, a
discussion of the request's relationship to the CZM Program follows.
The site is not adjacent to the ocean. It is about two (2) miles from the
shoreline. As such, the proposed action should not have any adverse
impacts on the area's coastal recreational and marine resources
nor have any impacts on beach protection.
As the site was and continues to be used in some form of agriculture,
the likelihood of this improvement having any impacts to the area's
historic resources is not high.
The proposed action will involve the construction of improvements in a
non-urban setting. Accordingly, them is a potential visual impact to
the area's scenic and open space resources. However, the project
site, while located mauka of the Mamalahoa Highway„ is not readily
visible. Thus, coastal scenic and open space resources to Mauna
Kea should not be affected.
9
Relative to the Coastal Ecosystems, impacts should be negligible, if
at all, as the site is located well over two (2) miles from the ocean.
Notwithstanding the distance, the nature of the project —family
agricultural — and the construction of only an additional private
wastewater system is such that potential adverse coastal ecosystem
impacts should not be pronounced, if at all.
The proposed action will result in creating the potential for family-
agricultural farm lots in this area. This should thus provide additional
opportunities for farming. in so doing, the project could aid the
agricultural economy and the overall economic use of this site and
the area in general.
Because of its distance from the shoreline, the site should not be
subject to coastal hazards.
Relative to the managing development objective, this function is
more applicable to the "authority" or approving agencies. However, it
is noted that the request would operate and be constructed within the
scope of the Zoning Code. The subject site would be zoned FA-2a,
and the requested use and design/parameters (parking, height,
setback, etc.) would be consistent with said zoning. In that regard, the
project would be consistent with this policy.
Finally, in terms of the public participation objective, this is generally
a public agency function. This is achieved through the Marine and
Coastal Zone Management Advisory Group (MACZMAG) and the
public hearing process required pursuant to the Planning
Commission's Rules and County Council's meetings on this
application. Notices of this application will become available through
the posting of a sign on the property, as well as sending two (2)
notices to surrounding property owners, one at the time the application
is filed and again, prior to the public hearing.
Based on the foregoing, it is concluded that the requested
improvements would be consistent with the objectives, policies and
guidelines of the Coastal Zone Management Policies, as outlined in
Chapter 205-A-23, HRS and Planning Commission Rule No. 9
relating to Special Management Area.
F. Other Permitting Requirements
As noted earlier, other permits would still be required. These would
be of the "ministerial" variety, such as Subdivision Approval, possible
10
Underground Injection Control (UIC) permit, grading/grubbing permit,
building permit, and the like.
V. ENVIRONMENTAL CONSIDERATIONS
A. General Description
The subject site is a narrow shaped parcel, located mauka of the
Hawaii Belt Road (Highway 19). It is bisected by the Kalaoa Camp
Road. There are two (2) dwellings and several farm related
structures on the property to support the existing fruit-bearing farm
and evolving equestrian activity.
The site is situated at approximately the 354-foot elevation level The
site gently rises at a 5-10% slope in a makai-mauka direction, with the
highest point being at the western end of the property. There does not
appear to be any topographic constraint in developing and utilizing the
site for three (3) 2+ acre sized lots, as is evident by the existing
structures and on-going agricultural use of the site.
According to the State Commission on Water Resource Management,
the closest rain gauge in this area is the Hilo Airport. The annual
median rainfall for this area is approximately 131 inches. The average
daily temperature ranges from a minimum of 61 degrees to 79
degrees Fahrenheit. Wind patterns are generally easterly during the
day and westerly during the evenings.
B. Soils and Topography
The Land Study Bureau Overall Master Productivity__R_ating_for the
subject site is "C" (C-42) or fair. The "C" classification denotes soils of
the Hilo and Wailea series, with deep, moderately fine soil material.
The color is dark brown, and the parent material is volcanic ash. This
type of soil is well drained and moderately suited for machine tillability.
Having been planted in sugar cane in the past, the State of Hawaii's
Agricultural Lands of Importance to the State of Hawaii (ALISH) maps
classify this site as Prime.
C. Natural Hazards
1. Drainage
The US Corps of Engineers' Flood Insurance Rate Map (FIRM)
ll
designates most of the project site to be located in Zone X,
areas outside the 500-year flood plain.
The Applicants have not observed any significant runoff or
erosion in the recent past. Pursuant to County drainage
requirements, appropriate drywell and/or similar means to
capture runoff from the newly constructed improvements will be
built, if necessary, in conjunction with the subdivision approval
process.
2. Tsunami Hazard
As the site is located over two (2) miles from the ocean, it is
located outside of the Civil Defense's Tsunami Evacuation
Zone.
3. Volcanic and Earthquake Hazards
The United States Geological Survey (USGS) classifies the
area as Lava Flow Hazard Zone 8, on a scale of ascending risk
9 to 1. The City of Hilo is classified Zone 3.
The entire island of Hawaii falls within Earthquake Zone 4,
according to the County Building Code. As such, certain
structural requirements will be needed and taken during the
building permit process to address this seismic hazard.
D. Flora/Fauna
Although there were no professional surveys conducted of the floral
or faunal resources of the site, the Applicants do not believe that rare
or endangered floral or faunal resources are likely to be found within
the subject site.
The site is generally cultivated into fruit bearing trees with an
equestrian component. It was formerly used for sugar cane. As such,
the Applicants do not believe that the property does not have any
floral significance.
The site is not known to be a habitat for any rare or endangered
animal life. Given its elevation, however, it would be possible to find
the Hawaiian Hawk (Po) and the Hawaiian Owl (Pueo). Further the
rural nature of the surrounding areas would make it less likely to find
endangered animal life in this area.
12
E. Historic/Cultural/Archaeological Resources
As the site was formerly cleared and used for sugar cane and now for
fruit bearing and equestrian activities, no commissioned
archaeological survey of the site was made. As such, the Applicants
do not believe that the site has any archaeological features.
However, in the event any inadvertent discoveries are made during
any land disturbance activity relating to this project, work will cease,
and the applicant will immediately notify the Planning Department and
the State DLNR and secure their clearances before proceeding
further.
G. Valued Cultural Resources
In view of the recent Hawaii State Supreme Court's "PASH" and "Ka
Pa'akai C Ka'Aina decisions, the issue relative to native Hawaiian
gathering and fishing rights must be addressed. Specifically, there
must be a discussion of the cultural, historical, and natural resources
and associated tradition and customary practices of this site.
In this situation, the subject site is not adjacent and/or proximate to the
shoreline. As such, gathering of marine life and coastal access is not
an issue.
It is not known whether the subject or immediate surrounding area
was used in the recent past for the gathering of plants by native
Hawaiians. The Applicants have not observed any native Hawaiians
on the site or adjoining properties gathering plants in recent times.
Thus, it would appear unlikely that the site would serve such purpose
today.
In the event legitimate gathering claims are made by native
Hawaiians, the Applicants intend to respect and honor such claims
and provide the needed access within the site.
Based on the above, it does not appear that the project would have
any potential adverse impact relative to the cultural and historical
resources of the area which cannot otherwise be mitigated.
H. Water and Coastal Resources
The subject site is located well over two (2) miles from the coastline.
13
As such, coastal impacts resulting from discharge of wastewater
systems from the site should not be significant. Further, being a non-
coastal property, no coastal access will be affected.
As the site falls within the Critical Wastewater Disposal Area, septic
tanks will be required for any new dwelling. These will be constructed
in a manner meeting with the approval of the State Department of
Health.
1. Noise, Air Quality, and Dust
The existing private Kalaoa Camp Road has a 12-foot pavement with
graveled shoulders within an existing 30-foot easement through the
property. This road abuts the Hawai'i Belt Highway (Highway 19).
The existing ambient traffic level along the private road is relatively
low. Relative to the traffic along Highway 19, however, the traffic can
be significant during certain hours. Since three (3) homes are eligible
on the site, two (2) of which already constructed, and the zoning will
not result in the creation of any additional dwelling, the noise level
associated with traffic is not anticipated to increase at all.
There may, however, be short-term noise impacts associated with the
construction of any required infrastructure and the structures. In that
event, contractors will be required to comply with appropriate noise
and related mitigation measures of the State Department of Health.
The proposed development should not generate any direct air Quality
impacts. The only discernible air quality impact could be associated
with the vehicular traffic to and from the site. While there will be an
impact to the ambient air quality, the impact should not be significant,
as the project will not result in any increase in density. Further, with
higher EPA standards for automobile air emissions, the air quality
impact should thus hopefully not be significant.
As such, with the exception of potential construction dust in the
beginning, long term dust generated by the project should be minimal.
Construction dust, however, like construction noise will have to comply
with the State Department of Health's regulations.
J. Scenic and Visual Considerations
In the Natural Beauty element of the General Pian, there are sites or
areas listed as being a scenic resource. The subject site is not listed
14
as a scenic site. However, there were a few examples cited in this
area such as Mauna Kea.
The rezoning and subdivision will not result in the addition of any
further permitted dwellings. As such, the visual impacts to Mauna Kea
should be negligible if at all. While the site is located on the mauka
side of the Highway, it is sufficiently removed from it so as to obstruct
any of that view.
VI. SOCIAL AND RELATED CONSIDERATIONS
A. Surrounding Land Uses
The land use in this area is generally rurallagricultural in nature.
There are some agricultural activities in this area. For the most part,
the immediately surrounding lots are used and/or zoned for rural-
residential and agricultural purposes. There are a number of lots
ranging between 1-5 acres in this area.
Notwithstanding the R-20a designation of the surrounding properties,
given the existing conditions, the proposed development would not be
incongruous with the emerging rural-agricultural pattern of this area.
B. Economic Impacts
The requested zoning would have some measure of economic impact,
as it would make at last two (2) additional fee simple farm lots with on-
going agricultural activities more sustainable. Although the project is
directed at the landowners and their children, it would still enable the
ultimate users the opportunity to engage in some sort of agricultural
activity.
As noted above, the requested zoning would have some measure of
economic impact, as it would create two (2) additional smaller farm
lots that would be more suitable for families rather than corporate
activity. Further, given their size, it would make the existing
agricultural activities more sustainable. As such, the proposed
subdivision should help enhance rather than diminish the agricultural
uses of the property.
Furthermore, with the fruit-bearing trees and the planned nursery, the
project could help serve as catalyst for the surrounding properties to
be used more intensively for small-scale family-oriented truck crop
farming.
15
As such, with the direct agricultural use plus the added tax revenues,
the project could have some positive influence on the island and
area's economy.
Aside from the potential agricultural activity, there will be some small
short-term construction activity associated with the construction of the
remaining permitted dwelling and other farm related structures. This
could help, in a small way, with the area's construction economy.
C. A ricultural Impacts
As noted above, the requested zoning would have some measure of
economic impact, as it would create opportunity for the Applicants'
family to each own their property in an area that would be more
suitable for families rather than corporate activity. As such, the
proposed subdivision should help enhance the potential to have more
and sustainable agricultural activity on the site.
Specifically, the Applicants and one of their children are interested in
developing a nursery that provides or supplies gourmet type of
products that would be used to supply local restaurants. These types
of products, which require little soil and good drainage, would
tentatively include paha, arugula, as well as dryland taro, sweet
potato, lychee, banana and the like. Green waste mulch would be
introduced to supplement existing soil composition. Because of the
area's rainfall, water catchment system will not be needed. However,
if needed and to minimize the stress of the County's water system,
catchment system can be installed.
These planned agricultural ventures could help serve as a catalyst for
some surrounding properties to be used more intensively for small-
scale truck crop or floricultural farming. Furthermore, with the direct
agricultural use plus the added tax revenues, the project could have
some positive influence on the island and area's economy.
VII. INFRASTRUCTURAL CONSIDERATIONS
A_ Road
Access to the project would be from an existing private cane haul road
commonly referred to as Kalaoa Camp Road. It is a private road
easement within a 30-foot wide right-of-way. The area from Highway
19 to the subject site has a 12-13 foot wide pavement with a 3-foot
graveled shoulders. The road easement bisects the subject property.
16
This private road eventually intersects with Highway 19, a State-
owned and maintained road with a 22-foot wide pavement and paved
shoulders within a 100-foot wide right-of-way.
B. Water
The subject site is already serviced by two (2) existing County
approved water meters within Kalaoa Camp Road. The Applicants
already are in the process of installing a third County-approved meter
to serve the last dwelling. As such, no additional water service is
required to service the proposed subdivision.
C. Wastewater
There is no County wastewater system in this area. The two (2)
existing dwellings are currently served by their own cesspools. The
new dwelling will have a septic system installed in accordance with the
requirements of the State Department of Health in conjunction with the
building permit process.
D. Solid Waste
Solid waste will be handled through commercial haulers or the
individual homeowners into authorized landfill sites or transfer
stations. With the requested FA-2a zoning, the potential for uses with
toxic or related chemical waste would be minimal, if at all. Further, all
agricultural waste will be retained and utilized on the property.
E. Other Government Services
Although not really within the City of Hilo urban area, it is already
being serviced. As such, no extension of government services would
be required. The nearest fire station is located at Hilo, which is about
four (4) miles from the subject site. The Police Station is also located
in Hilo. The Kalanianaole School (K-S) is located less than two (2)
miles of the site. County parks are available in Pepeekeo, Papaikou,
and Hilo.
As such, the project should not result in the extension of any of these
government services. Further, the required public facilities are located
reasonably proximate to the subject site.
17
F. Other Utilities
All other utilities such as telephone, cable, and electrical services are
available to the site.
VIII. IMPACT SIGNIFICANCE ANALYSIS
A. Relationship Between Local Short-Term Uses of Environment
and Maintenance and Enhancement of Lona-Term Productivity
If the request were denied, the short-term use of the area of the
proposed rezoning would probably continue in agricultural state, a
state that may not be too sustainable given the Applicants' stage in
life. With the rezoning and eventual conveyance of the smaller
properties to their children, the agricultural operations become more
sustainable. Further, the subdivision would provide an opportunity to
address their housing needs at an affordable level.
From a long-term productivity standpoint, then, the proposed 3-lot
subdivision would provide a heightened level of possibility in having
the land used for more intensive and sustainable agricultural activity
while addressing the area's overall housing needs.
B. Irreversible and Irretrievable Commitment of Resources
As the site has been relatively disturbed in the past, it is not likely that
its development would result in an irreversible commitment of natural
or archaeological resources. There are no known floral or avifaunal
resources on the site that required protection. There are also no
known archaeological or cultural features on the site.
The soil on the parcel has been classified "C" or fair by the Land Study
Bureau, making it conducive for small-scale agricultural activity. That
is evident by the existing use. It is reasoned that the creation of the 3-
lot subdivision should help foster and sustain instead of removing
them from their agricultural use.
G. Mitigative Measures
The Applicants intend to make improvements generally consistent with
the subdivision process. During the construction phase of the project,
contractors will be obligated to comply with appropriate State noise
and air quality standards.
18
Should unanticipated archaeological finds be discovered in
conjunction with any further development of the site, work will stop (as
is required by the State and County protocols) and clearance secured
before work is resumed.
There is no existing drainageway on the property. Any and all
required grading or grubbing work will be done in conjunction with the
required permits and/or a SCS Agricultural Plan. This is to assure that
the development of this site does not adversely affect the drainage of
surrounding properties.
Finally, there will be no person or businesses to be dislocated by this
project.
D. Alternatives to the Proposed Proiect
1. No Project
Under the status qua alternative, the site would continue with
its agricultural use with a BBB. Under that scenario and given
the Applicants' stage in life, those uses may not continue very
long. There may be a gradual diminution of agricultural
activities. Furthermore, the Applicants would not be in a
position to fulfill its estate planning in a manner that would be
generally consistent with the agricultural and housing objectives
of county plans.
2. Alternative Density
Under this alternative, the applicant could seek a more
intensive zoning, such as FA-1a, given the proximity of the site
to urban uses like Papaikou.
Such an approach, however, may not be compatible with the
policy of trying to foster more family-oriented type of agricu`tural
activities, such as truck crops or cottage farming in this area in
a manner consistent with the area's infrastructure.
3. Evaluation of Alternatives
The project's impacts to the area's social and physical
infrastructure would not be pronounced. Certain mitigative
measures could be taken to address any possible impacts
associated by the development of this project. Further, the
19
project would be consistent with the land use objectives sought
to be accomplished by the County General Plan LUPAG map
and Hamakua CDP.
In view of the aforementioned, it would appear that none of the
alternatives would be more prudent and beneficial than the
requested FA-2a alternative.
IX. REGULATORY ANALYSIS
A. General Plan LUPAG Map
The General Plan provides for the long-range comprehensive
development of the island of Hawaii. It provides direction for balanced
growth in the County.
Under the digitized format is designated Intensive Agricultural on the
LUPAG map. As discussed in detail in Chapter IV-B, this site could
arguably be determined to be within the Low Density Urban area.
Notwithstanding this designation, the Zoning Code allows
consideration for FA-2a zoning for sites not classified "A" or"B" on the
Land Study Bureau map, and this site is classified "C".
The proposed family-agricultural subdivision resulting in three (3) lots,
consistent with the allowable three (3) dwellings, would be consistent
with the Low Density Urban designation. As such, no General Plan
amendment would be required to effectuate this project.
B. General Plan Polices
The requested zoning would be consistent with the goals, policies,
and standards of the General Plan document.
For one, it may provide limited short-term economic opportunities
largely through the construction of any improvements required for the
subdivision. More importantly, however, longer-term opportunities
would be created largely in the form of potential to sustain small-scale
truck crops or nursery farms. In so doing, the resultant project should
add revenues to the County and State coffers.
The project intends to be energy conscious through the use and/or
encouragement of solar energy and design features to take advartage
of the sun and wind patterns.
20
Maintaining and improving the quality of the environment is important
to the success of this project. The General Plan identifies five (5)
areas of environmental concerns - air pollution, water quality, soil
pollution, solid waste disposal, and noise pollution. As proposed, the
project would not be violative of any of those objectives.
Aside from vehicular transmission, air pollution associated with the
project should be negligible. All wastewater systems would be
consistent with the requirements of the State Department of Heald.
This should be sufficient to address any potential groundwater or
coastal water impacts.
If required, a solid waste management plan could be prepared and
implemented. The project will also not be a noisy one, except as may
be associated with the limited farming operations. Any noise-
generating facility - such as air conditioners - would be carefully
placed to minimize their noise impacts to adjoining properties.
Further, it is unlikely that this site would be used as a processing
plant, as it would be more economical to send products elsewhere.
The project area is outside of any floodway. Nonetheless, if required,
a drainage system will be designed and constructed (especially in
conjunction with the subdivision approval process) in a manner to
protect the property as well as to minimize the volume of surface
runoff generated by this development.
The site does not have any known archaeological or cultural features.
However, if inadvertent discoveries are found during the construction
phase of this project, work will cease, and the County and State
notified. Work will resume only after proper clearances from the State
and/or County have been received.
While there have been sightings of the Hawaiian crow (Alala) or the
owl (Pueo), this area is not their primary habitat. As such, the subject
project should not have any significant impacts on rare or endangered
plant or animal life in this area.
As the FA-2a zoning would allow for the eventual subdivision of the
property into three (3) lots, consistent with the permitted three (3)
dwellings. This is thus a situation where there would not be any
added public burden on infrastructure. Further, by making it possible
for the Applicants children to each own their property, the subdivision
fulfills the objectives of the housing element. It adds to the overall
housing inventory.
21
The Pian also emphasizes that developments be mindful of an area's
natural beauty. In this situation, the project—with the protective
conditions — will be used in a manner where it blends with the existing
terrain.
As the project site is more than two (2) miles from the ocean, the
usual coastal resources concern is absent or not pronounced. There
will be no interference with shoreline access. Then, too, through the
use of a septic system for the new dwelling or other acceptable form
of wastewater system, impacts to the coastal water will be minimized.
There will be marginal impact to public facilities. The wastewater
system will be private. There already is an existing county approved
water system with sufficient source serving the site. Vehicular access
to the site is already partially improved and accessible by emergency
vehicles. Schools and other public facilities are also located
proximate to the site, most of them being no more than three (3) miles
away.
Finally, in terms of the Land Use and Agricultural elements, the
pertinent goals, policies, and standards of the General Plan note the
following:
+ Designate and allocate land uses in appropriate proportions and
mix and in keeping with the social, cultural and physical
environments of the County
• Protect and encourage the intensive utilization of the County's
limited prime agricultural land
• The County shall encourage the development and maintenance of
communities meeting the needs of its residents in balance with the
physical and social environment
• Zoning requests shall be reviewed with respect to General P I a i
designation, district goals, regional plans, State Land Use Dist,•ict,
compatibility with adjacent zoned uses, availability of public
services and utilities, access, and public need
• The compatibility of agricultural and non-agricultural uses should
be carefully reviewed and where appropriate, buffers required
22
Rural-style residential-agricultural developments, such as new
small-scale rural communities or extensions of existing rural
communities, shall be encouraged in appropriate locations
• The county shall encourage the development and maintenance of
communities meeting the needs of its residents in balance with the
physical and social environment
Agricultural land shall be used as one form of open space or
green belt.
In view of the foregoing goals and policies, it would be generally
compatible with the surrounding area. There are a number of
properties consisting of 1-5 acres in the general area.
The soils of the site are classified "C" or fair by the Land Study
Bureau. In spite of that designation, the site does have agricultural
potential as evidenced by the current agricultural activities on the site
now. Given that, if approved, this project should actually create more
opportunities for to expand and more importantly sustain the
agricultural activities on the site. The lot size would be conducive to
the Applicants and their family members' needs for a residence and
family type of farm.
The property has no severe topographic or geologic problems tha}
would render the land unusable for the proposed subdivision and
activity.
C. Hamakua Community Development Plan
As discussed in detail in Chapter IV-C, the project is consistent with
the Hamakua CDP.
D. Zonina and Subdivision
The designated zoning of the site is Ag-20a. Should the FA-2a zoning
be approved, the requirements of the zoning and subdivision codes
would generally be complied, including use and related development
standards. These include — if necessary -the incorporation of
appropriate restrictive covenants relating to density, use, and design
restrictions. However, depending on the subdivision requirements, the
Applicants may seek some relief of any infrastructural or related
requirements.
23
E. State Land Use A ricultural Standards
As the requested lots will be more than 1-acre, the request would not
in principle violate the minimum lot size standards of the State Land
Use law. All of the applicable use guidelines of said law would be
adhered to.
1-4
miff
SidneyFuke, Planning Consultant
100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 •Planning•Variance•Zoning
Telephone:(808)969-1522 Cell:(808)988.0640 •5ubdivision•Land use Permits
E-mail:sldfukedhawaiiantel.net •Environmental Reports
August 9, 2021
Mr. tendo Kern, Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Kern:
Subject: Rezoning Application—Garvin and Laura Goode
Alemai and Kalaoa, South Hilo,Hawaii,TMK: 2-7-048: 134
Transmitted herewith for your review and processing is a rezoning application for a
9.581 acre parcel of land. The property is located rnauka of the Hawai'i Belt Highway
(Highway 19), approximately '/z mile north or Hamakua side of the intersection of the Old
Mamalahoa Highway and Highway 19. More specifically,it straddles Kalaoa Camp Road,
approximately 500 feet west of Highway 19.
The applicants wish to have the property rezoned and subdivided into three (3)lots,
consistent with the two(2)existing and one (1)new approved farm dwellings. If approved,
the applicants intend to convey the two (2) lots to their children while retaining and
continuing to operate an approved Bed and Breakfast dwelling.
The transmittal includes the a) application form, departmental questionnaire, and
environmental report, which includes the location and proposed site plan; b) processing fee
of$575; c)a list of surrounding property owners within a thousand(1,000) feet of the
subject parcel;d)real property tax clearance form; and e)the metes and bounds description.
For the description, I enclosed a copy of the 2-lot consolidation/resubdivision action that
was granted final approval on Dec. 16,2014 (SUB 14-001390) as well as the warranty deed.
We trust that everything is in order for your acceptance and processing of this
application. If not or if there are questions relating to this matter, please feel free to direct
them to me. Thank you very much.
nlulv
SIDNEY M. FUKE
Planning Consultant
Enclosures
Copy—Mr. Garvin Goode wl enclosures via email (g-oodeearvinQwail.com)
Planning Dept.
Exhibit
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After Recordation, Return by Mail (}Pickup( }to:
Mr. Garvin C.Goode,Trustee TG: 2024-39900
Ms.Laura J.Goode,Trustee TGE: 23220164734
Post Office Box 552 Mr.Michael Nagai
Papaikou, Hawaii 96781-0552 Total pages: THIRTEEN
Affects: Tax Map Key: (3)2-7-008-130 & Tax Map Key:(3)2-7-048-131
Lot C
WARRANTY DEED
THIS WARRANTY DEED, is made this day of ,2021, by:
GARVIN C. GOODE, Trustee of the Garvin C.Goode Revocable Living Trust dated June 25,
2015,with full powers to sell, lease,convey,mortgage or otherwise deal with real property,and
LAURA J. GOODE,Trustee of the Laura J. Goode Revocable Living Trust dated June 25,2015,
with full powers to sell, lease,convey,mortgage or otherwise deal with real property,whose
address is Post Office Box 552, Papaikou, Hawaii 96781-0552 and WILLIAM ALAN HURT,
unmarried,whose address is 27-585 Kalaoa Camp Road, Papaikou, Hawaii 96781-7726
(hereinafter referred to as"GRANTOR"), in favor of
GARVIN C.GOODE. Trustee of the Garvin C.Goode Revocable Living.Trust dated June 25.
2015,with full powers to sell, lease,convey,mortgage or otherwise deal with real property,and
LAURA J.GOODE,Trustee of the Laura J. Goode Revocable Living Trust dated June 25,2015,
with full powers to sell, lease,convey,mortgage or otherwise deal with real property,whose
address is Post Office Box 552, Papaikou, Hawaii 96781-4552(hereinafter referred to as
"GRANTEE");
Warranty Deed 1
Goode Hun
Lot C
WITNESSETH:
That for TEN AND NO/100 DOLLARS($10.00),and other valuable consideration paid by the
Grantee,the receipt of which is hereby acknowledged, the Grantor does hereby grant,bargain,sett and
convey unto Grantee, TENANTS IN COMMON,each Trustee to take and own an undivided 50%
interest,in fee simple,all of that certain real property described in Exhibit"A"attached hereto and made
a part hereof.
And the reversions, remainders, rents,issues and profits thereof and all of the estate,right,title
and interest of the Grantor,both at law and in equity, therein and thereto;
TO HAVE AND TO HOLD the same,together with all buildings, improvements, rights,
easements, privileges and appurtenances thereon and thereto belonging or appertaining or held and
enjoyed therewith,unto the Grantee according to the tenancy herein set forth,forever.
AND, in consideration of the premises,the Grantor does hereby covenant with the Grantee that
the Grantor is seised of the property herein described in fee simple; that said property is free and clear of
and from all liens and encumbrances,except for the lien of real property taxes not yet by law required to
be paid,and except as may be specifically set forth herein; that the Grantor has good right to sell and
convey said property, as aforesaid; and that the Grantor will WARRANT AND DEFEND the same unto
the Grantee against the lawful claims and demands of all persons,except as aforesaid.
The property is being conveyed in its existing "AS IS" condition. Grantor conveys the property
without any representations or warranties relating to its condition. Grantee acknowledges and
understands that the real property and personal property is sold "AS IS",without warranties or
representations relating to its condition. Grantee affirms that Grantee has had the opportunity to inspect
the property and accepts the same in its existing"AS I5" condition. This"AS IS"provision shall survive
closing.
The conveyance herein set forth and the warranties of the Grantor concerning the same are
expressly declared to be in favor of the Grantee,and the Grantee's heirs, personal representatives and
assigns.
The term "Grantor"and "Grantee",as and when used herein,or any pronouns used in place
thereof, shall mean and include the masculine,feminine or neuter,the singular or plural number,
individuals,partnerships,trustees or corporations and their and each of their respective successors,heirs,
personal representatives,successors in trust and assigns,according to the context thereof. All covenants
and obligations undertaken by two or more persons shall be deemed to be joint and several unless a
contrary intention is clearly expressed elsewhere herein.
IN WITNESS WHEREOF,the Grantor caused these presents to be duly executed the day and
year first written,on the Counterpart pages attached hereto,each of which is deemed an original. The
parties agree that said Counterparts shall together constitute one and the same agreement, binding all of
the parties hereto. notwithstanding that all of the parties are not signatory to the original or the same
Counterparts. For all purposes, including,without limitation,recordation,filing and delivery of this
instrument,duplicate unexecuted and unacknowledged pages of the Counterparts may be discarded and
the remaining pages assembled as one document.
Warranty need 2
Goode Hurt
Lot C
COUNTERPART PAGE EXECUTED BY GRANTOR GARVIN C.GOODE:
IN WITNESS WHEREOF,the Grantor has executed these presents on the day and year first
above written.
GARVIN C.GOODE
Trustee of the Garvin C.Goode Revocable Living Trust
dated June 25,2015
STATE OF HAWAII )
SS.
COUNTY OF HAWAII )
On this day of ,2021,before me personally appeared GARVIN
C. GOODE,to me known to be the person (or who provided satisfactory evidence of identity)described
in and who executed the foregoing Warranty Deed and,being duly sworn,did say that he/she is the
person named in the foregoing instrument and acknowledged that he/she executed the sante as his/her
free act and deed as Trustee of the Garvin C.Goode Revocable Living Trust dated June 25,2015.
Notary Public
State of Hawaii
Printed or Typed Name of Notary
My commission expires:
NOTARY CERTIFICATION
Made pursuant to Chapter 456,Hawaii Revised Statutes and
Hawaii Administrative Rules§5-11-8
Document Description: Warranty Deed
Document Date:
(If undated,insert"undated")
Number of pages: THIRTEEN
Circuit of Notarial act: Third Circuit
Printed name of Notary:
Signature of Notary Pt:hlic
(Seal or Stamp)
Date of Certification
Warranty Deed 3
Goode Hurt
Lot C
COUNTERPART PAGE EXECUTED BY GRANTOR LAURA J.GOODE:
IN WITNESS WHEREOF,the Grantor has executed these presents on the day and year first
above written.
LAURA J.GOODE
Trustee of the Laura J, Goode Revocable Living Trust
dated June 25,2015
STATE OF HAWAII )
} SS.
COUNTY OF HAWAII )
On this day of ,2021,before me personally appeared LAURA
J. GOODE,to me known to be the person (or who provided satisfactory evidence of identity)described
in and who executed the foregoing Warranty Deed and,being duly sworn,did say that he/she is the
person named in the foregoing instrument and acknowledged that he/she executed the same as his/her
free act and deed as Trustee of the Laura J. Goode Revocable Living Trust dated.lune 25,2015.
Notary Public
State of Hawaii
Printed or Typed Name of Notary
My commission expires:
NOTARY CERTIFICATION
Made pursuant to Chapter 456,Hawaii Revised Statutes and
Hawaii Administrative Rules§5-11-8
Document Description: Warranty Deed
Document Date:
(If undated, insert"undated")
Number of pages: THIRTEEN
Circuit of Notarial act: Third Circuit
Printed name of Notary:
Signature of Notary Public
(Seal or Stamp)
Date of Certification
warranty Deed 4
Goode Hun
Lot C
COUNTERPART PAGE EXECUTED BY GRANTOR WILLIAM ALAN HURT:
IN WITNESS WHEREOF,the Grantor has executed these presents on the day and year first
above written.
WILLIAM ALAN HURT
STATE OF HAWAII )
} SS.
COUNTY OF HAWAII }
On this day of 2421, before me personally appeared
WILLIAM ALAN HURT,to me known to be the person(or who provided satisfactory evidence of
identity)described in and who executed the foregoing Warranty Deed and,being duly sworn,did say
that he/she is the person named in the foregoing instrument and acknowledged that he/she executed the
same as his/her free act and deed.
Notary Public
State of Hawaii
Printed or Typed Name of Notary
My commission expires:
NOTARY CERTIFICATION
Made pursuant to Chapter 456, Hawaii Revised Statutes and
Hawaii Administrative Rules§5-11-8
Document Description: Warranty Deed
Document Date:
(if undated, insert"undated")
Number of pages: THIRTEEN
Circuit of Notarial act: Third Circuit
Printed name of Notary:
Signature of Notary Public
(Seal or Stamp)
Date of Certification
Warranty Deed 5
Goode Hurt
Lot C
Exhibit"A"
-ITEM I;-
All of that certain parcel of land (being portion of the lands described in and covered by(A) Royal Patent
Grant Number 2396 to Kaikaina; and(B)Royal Patent Grant Number 2395 to,Kekauiki)situate, lying
and being at Kalaoa,District of South Hilo, Island and County of Hawaii,State of Hawaii,being LOT C,
described as follows:
Beginning at a pipe found at the northeast corner of this parcel of land,also being the northwest corner of
Lot A-2,the coordinates of said point of beginning referred to Government Survey Triangulation Station
"ALALA" being 13,285.77 feet south and 3,527.06 feet east and thence running by azimuths measured
clockwise from true South:
1. 00 00' 00" 283.49 feet along A-2;
2. 78" 51' 00" 226.36 feet along the south side of Kalaoa Camp Road;
3. 100 42' 00" 276.84 feet along other lands of Grant 2396 to Kaikaina;
Thence along the middle of Kahauiki Stream, the direct azimuth and distance being:
4. 103" 43' 29" 467.09 feet;
5. _ 1730 40' 00" 81.06 feet along Lot D;
Thence along a line 10'southeast of the top of gulch,the direct azimuth and distance being:
6. 600 01' 55" 391.61 feet along Lot D;
7. 160" 02' 54" 101.50 feet along Lot B-1-A-1;
8. 740 34' 30" 207.73 feet along same;
9. 910 34' 00" 61.53 feet along same;
10. 910 29' 20" 39.21 feet along Lot A-2;
11. 1880 14' 47" 342.2.1 feet along Lot D to the middle of Aukuu Stream;
Thence along the middle of Aukuu Stream for the next four(4)courses,the direct azimuth and
distance being:
12. 282" 59' 39" 380.85 feet;
13. 236" 32' 32" 271.95 feet;
14. 2580 20' 14" 780.46 feet to the point of beginning and containing an area of 9.581
acres, more or less.
Warranty Deed 6
Goode Hurt
Lot C
Said above described parcel of land having been acquired as follows;
1. By GARVIN C.GOODE,Trustee of the Garvin C.Goode Revocable Living Trust dated June 25,
2015,as to an undivided 112 interest,and LAURA J.GOODE,Trustee of the Laura J. Goode
Revocable Living Trust dated June 25,2015,as to an undivided 112 interest,by WARRANTY
DEED of GARVIN C.GOODE,Trustee of the Garvin C.Goode Revocable Living Trust dated
June 25,2015,and LAURA J.GOODE,Trustee of the Laura J.Goode Revocable Living Trust
dated June 25,2015,said Deed dated September 4,2015,recorded as Document No.
A-57350163; and
2. By WILLIAM ALAN HURT,unmarried,by QUITCLAIM DEED dated-----(acknowledged
April 18,2018),recorded as Document No.A-66880033,executed by WILLIAM ALAN HURT,
unmarried,and JANET A.HOLADAY,Trustee under that certain unrecorded Janet A.Holaday
Trust dated May 29,2015.
-ITEM II:-
GRANT OF LIMITED WATER RIGHTS of MAUNA KEA AGRIBUSINESS CO.,INC.,a Hawaii
corporation,dated November 9, 2001,recorded as Document No.2001-180037.
By mesne conveyances,said water rights were conveyed to GARVIN C. GOODE and LAURA J.
GOODE,Trustees,or their successors in trust, under the Garvin C.Goode and Laura J.Garvin Living
Trust dated April 28, 2000,as amended, by GRANT OF LIMITED WATER RIGHTS dated July 22,
2002,recorded as Document No.2002-132256.
Subject,however,to the following:
1. Mineral and water rights of any nature.
2. Any and all matters not shown in the Indices described in Schedule A.
3. Location of the boundary of Aukuu Stream and Kahauiki Stream and the effect, if any,upon the
area of the land described herein,and the free flowage thereof.
4. Kalaoa Camp Road as referenced on the tax map.
5. GRANT
TO: JOSEPH I. K. PUHA,a widower,VICTORIA APOLO,wife of Vincent Apolo,
DAVID K. M.PUAA,single,and ANNIE ANDERSON
DATED: July 22, 1958
RECORDED: Liber 3540 Page 44
GRANTING: nonexclusive easement for roadway purposes over and across Roadway
Easement"511"(30-feet wide)
6. GRANT
TO: YUKIO KAWAHARA,husband ofTakayo Kawahara,and MASANOBU
KAWAHARA,husband of Matsue Kawahara
DATED: July 22, 1958
RECORDED: Liber 3540 Page 68
Warranty need 7
Goode Hun
Lot C
GRANTING: nonexclusive easement for roadway purposes over and across Roadway
Easement"511" (30-feet wide)
7. GRANT
TO: MASAKO KUNISHIMA and TOMOO KUNISHIMA,wife and husband
DATED: .lune 1, 1960
RECORDED: Liber 3863 Page 282
GRANTING: nonexclusive easement for roadway purposes over and across Roadway
Easement"511"(30-feet wide)
S. GRANT
TO: COUNTY OF HAWAII, a municipal corporation duly existing under and
pursuant to and by virtue of the laws of the State of Hawaii
DATED: April 18, 1061
RECORDED: Liber 4076 Page 240
GRANTING : nonexclusive right and easement right-of-way for pipeline or pipelines under and
across the following:
EASEMENT II(LINE A-2)
Three(3)feet wide
(1.50 feet on either side of the centerline)
Being portion of R. P. 7140,L.C. Aw. 11]263:43,R. P. 7139:1,Grant 2395 and Grant 2396.
Centerline description
Beginning at the centerline of this parcel and on the east boundary of the land and chlorinator site,
the coordinates of said point of beginning referred to Government Survey Triangulation Station
"ALALA" being 12,949.06 feet south and 216.24 feet west,thence running by azimuths
measured clockwise from true South:
1. 2910 21' 64.65 feet along the centerline and across he plantation road;
2. 2660 08' 69.80 feet along same and across the plantation road;
3. 2480 47' 112.10 feet along same;
4. 2730 25' 130.50 feet along same;
S. 2870 42' 73.20 feet along same;
6. 2970 10' 312.20 feet along same;
7. 2920 48' 154.35 feet along same;
8. 3000 19' 80.90 feet along same to its intersection with Line "B";
9. 3190 45' 118.10 feet along same;
10. 3310 01' 95.25 feet along same;
warranty peed 8
Goode Hun
Lot C
11. 3490 52' 53.80 feet along same;
I2. 342° 24' 132.60 feet along same;
13. 3530 26' 221.70 feet along same:
14. 2720 46' 376.00 feet along same and across road;
15. 2720 34' 856.30 feet along same;
16. 2° 34' 17.35 feet along same and across road;
17. 2700 50' 106.55 feet along same;
18. 2540 36' 259.10 feet along same;
19. 250° 18' 170.10 feet along same;
20. 2450 20' 118.80 feet along same;
Thence along a 240.50 foot radius curve to the right for a distance of 144.10 feet,the
direct chord azimuth and distance being:
21. 2620 30' 141.97 feet along same;
22. 2790 40' 96.15 feet along same;
23. 2590 52' 365.40 feet along same;
24. 2580 38' 335.20 feet along same;
25. 245° 25' 162.00 feet along same to the west boundary of the Hawaii Belt Road
(100 feet wide)and containing an area of 13,879 square feet or
0.319 acre, more or less.
9. The terms and provisions contained in the following:
INSTRUMENT: DEED WITH EXCEPTIONS AND RESERVATIONS
DATED: November 8,2001
RECORDED: Document No.2001-180036
10. The terms and provisions contained in the following:
INSTRUMENT: DEED
DATED: November 13,2001
RECORDED: Document No.2001-180040
Warranty Deed 9
Goode Hun
Lot C
Il. The terms and provisions contained in the following:
INSTRUMENT: DEED WITH EXCEPTIONS AND RESERVATIONS
DATED: April 30,2002 -
RECORDED: Document No.2002-095515
12. GRANT
TO: HAWAII ELECTRIC LIGHT COMPANY, INC.,a Hawaii corporation,
and VERIZON HAWAII, INC., a Hawaii corporation,now known as
HAWAIIAN TELCOM, INC.
DATED: February 1,2002
RECORDED: Document No. 2002-142799
GRANTING: right and easement for utility purposes as shown on map attached thereto
13. CONSTRUCTION MORTGAGE
MORTGAGOR: GARVIN C. GOODE and LAURA J.GOODE,husband and wife
MORTGAGEE: AMERA MORTGAGE CORP
DATED: December 26,2003
RECORDED: Document No. 2004-000832
AMOUNT: $285,000.00
Said above MORTGAGE was amended by LOAN MODIFICATION AGREEMENT dated June
29,2004,recorded as Document No.2004-163224.
Said above MORTGAGE was further amended by AMENDMENT TO MORTGAGE
dated May 13,2005,recorded as Document No. 2005-173288,by MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC.,a Delaware corporation. This
instrument recites that certain Mortgage dated June 29,2004 and filed at the Bureau of
Conveyances of the State of Hawaii as Document No. 2004-163224(the Mortgage).
-Note:- Title Guaranty of Hawaii,LLC is unable to locate of record any assignment of
the aforesaid mortgage to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,
INC.
Appearing of record is that certain RELEASE OF MORTGAGE dated February 9,
2009,recorded as Document No.2009-023251,executed by MORTGAGE
ELECTRONIC REGISTRATION SYSTEMS, INC.as Nominee for AMERA
MORTGAGE CORPORATION, releasing and forever discharging that certain
Mortgage dated June 29,2004,recorded as Document No.2005-173288.
-Note:- Corrective documentation should be obtained and placed of record.
15 GRANT
TO: HAWAII ELECTRIC LIGHT COMPANY,INC.,a Hawaii
corporation,and HAWAIIAN TELCOM,INC.,a Hawaii corporation
DATED: December 19,2007
RECORDED: Document No. 2008-134564
Warranty Deed 10
Goode Hurt
Lot C
GRANTING: right and easement for utility purposes as shown on map attached
thereto
16. GRANT
TO: WILLIAM LOUIS FORNACLARI and BARBARA JEAN
FORNACALR[,Trustees of the William and Barbara Fornaclari
Living Trust dated November 12,2001
DATED: April 24,2008
RECORDED: Document No.2008-189286
GRANTING: easement for waterline purposes as shown on map attached thereto
17. The terms and provisions contained in the following:
INSTRUMENT: ADDITIONAL FARM DWELLING AGREEMENT
DATED: December 28,2009
RECORDED: Document No.2010-002374
PARTIES: GARVIN C. GOODE and LAURA J.GOODE, husband and
wife,and COUNTY OF HAWAII
18. MORTGAGE,SECURITY AGREEMENT,FINANCING STATEMENT AND
FIXTURE FILING(REAL ESTATE ACCESS LINE)
LOAN/ACCOUNT NO.609465
MORTGAGOR: GARVIN C. GOODE,Trustee of the Garvin C.Goode
Revocable Living Trust dated June 25,2015,and LAURA J.
GOODE, Trustee of the Laura J.Goode Revocable Living
Trust dated June 25,2015
MORTGAGEE: FINANCE FACTORS, LIMITED,a Hawaii corporation
DATED: September 4,2015
RECORDED: Document No.A-57350164
AMOUNT: $250,000.00
SUBORDINATION AGREEMENT
DATED: February 9, 2016
RECORDED: Document No. A-58900326
Subordinates said above MORTGAGE recorded as Document No.A-57350164 to the
lien of that certain MORTGAGE recorded as Document No.A-58900325 .
19. MORTGAGE. SECURITY AGREEMENT, FINANCING STATEMENT AND
FIXTURE FILING(ADJUSTABLE RATE MORTGAGE)
LOAN/ACCOUNT NO.609962
MORTGAGOR: GARVIN C. GOODE,Trustee of the Garvin C.Goode
Revocable Living Trust dated June 25, 2015,and LAURA J.
GOODE,Trustee of the Laura J.Goode Revocable Living
Trust dated June 25, 2015
Warranty Deed l l
Goode Hurt
Lot C
MORTGAGEE: FINANCE FACTORS,LIMITED,a Hawaii corporation
DATET]: February 9,2016
RECORDED: Document No.A-58900325
AMOUNT: $280,000.00
20 GRANT
TO: GLENN A.FAUST and LAY C. FAUST,husband and wife
DATED: October 5,2016
RECORDED: Document No.A-61290589
GRANTING: nonexclusive right and easement on,upon,through,over, under and
across Road and Utility Easement as shown on map attached thereto
21. GRANT
TO: GARVIN C.GOODE and LAURA J. GOODE,Trustees of the Garvin
C.Goode and Laura J. Goode Living Trust dated April 28,2000
DATED: November 30,2007
RECORDED: Document No.2008-061391
GRANTING: nonexclusive easement for access purposes over and across the following:
EASEMENT "I-AA"
For Roadway Purposes
Being a portion of Lot A
Partisan of Royal Patent Grant 2395 to Kekauiki
At Kalaoa and Puumoi, South Hilo, Island of Hawaii, Hawaii
Beginning at the northwest corner of this parcel of land,along the easterly side of Lot A,the
coordinates of said point of beginning referred to Government Survey Triangulation Station
"ALALA" being 13,686.25 feet south and 2,668.77 feet east,and running by azimuths measured
from true South:
1. 2450 16' 30" 82.29 feet along Lot A, being also along the remainder of
Royal Patent Grant 2395 to Kekauiki;
Thence along Lot A, being also along the remainder of Royal Patent Grant 2395 to
Kekauiki on a curve to the right with a radius of 290.00 feet,the direct azimuth and
distance being:
2. 249" 36' 43" 43.87 feet;
3. 3530 40' 00" 30.49 feet along Lot B,being also along Royal Patent Grant
2396 to Kaikaina;
Thence along the remainder of Lot A. being also along the remainder of Royal Patent
grant 2395 to Kekauiki on a curve to the left with a radius of 260.00 feet,the direct
azimuth and distance being:
4. 690 02' 46" 34.20 feet;
Warranty Deed 12
Goode Hurt
Lot C
5. 65° 16' 30" 82.29 feet along the remainder of Lot A, being also along
the remainder of Royal Patent Grant 2395 to
Kekauiki;
6. 1550 16' 30" 30.00 feet along the remainder of Lot A, being also along
the remainder of Royal Patent Grant 2395 to
Kekauiki to the point of beginning and containing an
area of 3,641 square feet,more or less.
22. GRANT
TO: GLENN A. FAUST and LAY C. FAUST,husband and wife
DATED: November 21,2016
RECORDED: Document No.A-61770455
GRANTING: nonexclusive right and easement for road and utility purposes as shown on map
attached thereto
23. GRANT
TO: RICHARD E.ALDERSON,Trustee under unrecorded Richard E. Alderson Inter
Vivos Trust Agreement dated December 11, 1987
DATED: September 2,2010
RECORDED: Document No.2010-195231
GRANTING: nonexclusive easements for roadway and utility purposes over and across
Easements 511,538 and 537
24. GRANT
TO: CHRIS A. FLANIGAN,married,and KEVIN FLANIGAN,married,as Joint
Tenants
DATED: September 2, 2410
RECORDED: Document No.2010-195235
GRANTING: nonexclusive easements for roadway and utility purposes over and across
Easements 511,538 and 537
18. GRANT
TO: ROBERT G.BALDADO and SHEILA L. BALDADO, husband and wife,as
Tenants by the Entirety
DATED: May 5, 2011
RECORDED: Document No. 2011-076278
GRANTING: nonexclusive easements for roadway and utility purposes over and across
Easements 511,538 and 537
25. Any and all existing roadways.trails.easements.rights of way. flumes and irrigation ditches.
26. Matters arising out of, including any utility and access rights in favor of Tax Map
Keys(3)2-7-008-035,039,040,074, 105, 106 and 1107.
End of Exhibit"A"
Warranty Deed 13
Goode Hurt
Lot C
O,*ATF'k t
its i i.i
DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAI`I
�r�._.,� r• 345 KEKUANAO`ASTREET, SUITE 20 HILO, HAWAII 96720
TELEPHONE (808) 961-8050 • FAX (808) 961-8657
February 19, 2021
CIl> Lr lslNdl "5
FEB 22 2021 PM2:
RECII HAND DELaVER-r
TO: Mr. Zendo Kern, Director
Planning Department
FROM: Keith K. Okamoto, Manager-Chief Engineer
SUBJECT: Additional Farm Dwelling Agreement Application
(FDA-18-000459)
Applicant—Garvin C. Goode and Laura J. Goode
Tax Map Key 2-7-008:130, Lot A-1
We have reviewed the subject application and have the following comments and conditions.
Please be informed that the subject parcel is currently served by two (2) 518-inch meters,which are
each adequate for only one (1)dwelling at an average daily usage of 400 gallons. Inasmuch as this
application is proposing an additional dwelling, the installation of a separate 518-inch meter will be
required at a minimum.
Water can be made available from the Department's existing 4-inch waterline within Kalaoa Camp
Road, fronting the subject parcel.
Therefore, the Department has no objections to the proposed application., subject to the applicant
understanding and accepting the following conditions:
1. Installation of a 1-inch service lateral to service a 518-inch meter, which shall be restricted to
a maximum daily flow of 400 gallons.
2. Submit construction plans, prepared by a professional engineer licensed in the State of Hawaii, for
review and approval.
3. Remittance of the following charges, which are subject to change, to our Customer Service
Section:
FACILITIES CHARGE (FC):
3rd service to the parcel $6,095.00
Total (Subject to Change) $6,095.00
Planning Dept. . . . Water, Our_%fost (Precious WSsource. . . Y�ja Wai,4 ?ane. . . 140048
Exhibit 4 The Department of Water Supply is an Equal Opportunity provider and employer.
Mr. Lendo Kern, Director
Page 2
February 19, 2021
This is due and payable upon completion of the installation of the required water system improvements
and prior to water service being granted.
Should there be any questions, please contact Mr. Troy Samura of our Water Resources and Planning; �
Branch at 951-8070, extension 255.
Sincerely yours,
L
Keith K. Okamoto, P.E.
Manager-Chief Engineer
TS:dfg
copy — Mr. Garvin C. and Ms. Laura J. Goode
DWS Customer Service(Hilo)
Y W AT8p
C� 441.
Iaa
� DEPARTMENT OF WATER SUPPLY - COUNTY OF HAWAII
n� ftpµhl� �w 345 KEKtJANAO`ASTREET, SUITE 20 HILO. HAWAII 96720
TELEPHONE (808) 961-8050 • FAX (808) 961-8657
December 3, 2021
130'01
P NNIT 5111MD
EPT
FC 6 202 1 1=1�;2:0.3
REC'Ej HAND DELIVERE-31
TO: Mr. "tendo Ken, Director
Planning Department
FROM: Keith K. Okamoto, Manager-Chief Engineer
SUBJECT: Change of Zone Application (PL-REZ-2021-000003)
Applicant—Garvin Goode and Laura Goode
Request: Agricultural-20 Acres(A-20a) to Family Agricultural--2 Acres (FA-2a)
Tax Map Key 2-7-008:130
We have reviewed the subject application and have the fallowing comments and conditions.
Please be informed that there are two(2)existing meters(Account Nos. 480-44580 and 480-44585) fronting the
existing parcel. The Department requests that the applicant designate, in writing, which lot within the proposed
subdivision will be assigned the existing service, prior to recommending final subdivision approval. Should the
existing meter or service lateral not front the parcel that it will serve,the existing meter or service lateral would
need to be relocated to comply with the Department's Rules and Regulations. The Department requests that the
plat map be revised to show the existing meter locations with the meter numbers.
Should there be any questions, please contact Mr. Troy Samura of our Water Resources and Planning Branch at
(808)961-8070, extension 255.
Sincerely yours,
6[�
Keith K. Okamoto, P.E.
Manager-Chief Engineer
TS:dfg
copy- Mr. Garvin and Ms. Laura Goode
Planning D e P . . . Nater, Our�f ost Precious Vsource. . . Kx Wai,4 ane. . .
Exhibit— 5 The Department of Water Supply is an Equal Opportunity provider and employer.
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
H I LO, HAWAII
DATE: November 24, 2021
Nox""469M
TO: Zendo Kern, Planning Director
FROM: Department of Public Works, Engineering Division
SUBJECT: CHANGE OF ZONE APPLICATION (PL-REZ-2021-000003)
Request: A-20a TO FA-2a
Applicant: Garvin Goode and Laura Goode
TM K: 2-7-008:130
We have reviewed the subject application forwarded by your memo dated November 19,
2021 , and offer the following comments for your consideration-
1.
onsideration:1. All earthwork and grading activity shall conform to Chapter 10, Erosion and
Sedimentary Control, of the Hawaii County Code.
2. All development-generated runoff shall be disposed of on site and not directed
toward any adjacent properties. A drainage study shall be prepared and the
recommended drainage system shall be constructed meeting the approval of the
Department of Public Works.
3. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate
Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is
an area determined to be outside the 500-year floodplain.
Questions may be referred to Bryce Harada at 961-8042.
Planning Dees.
Exhibit _ _ 6
County of Hawaii is an Equal Opportunity Provider and Employer
Mitchell D. Roth
Mayor ��°'s Ramzi I. Mansour
Director
Lee E. Lord
Monaging Director ®F'A Brenda D.Jokepa-Moses
County of Hawail Deputy Director
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
345 KekCianio'a Street, Suite 41- Hilo, Hawai'i 96720
Ph: (808)961-8083 e Fax: (808)961-8086
Email: cohdem@hawaiicounty,gov
MEMORANDUM
TO. Zendo Kern, Director
Planning Department
FROM: Ramzi 1. Mansour, Director
Department of Environmental Management
DATE. November 29, 2021
SUBJECT: Change Of Zone Application(PL-REZ-2021-0:00003)
Request: Agricultural - 20 Acres (A-20a) to
Family Agricultural - 2 Acres (FA-2a)
Applicant. Garvin Goode and Laura Goode
Tax Map Key: 2-7-008:130
The Solid Waste Division has reviewed the subject application and offers the following
comments and/or recommendations (contact the Solid Waste Division for details):
No comments.
Commercial operations, State and Federal agencies, religious entities and non-profit
organization may not use transfer stations for disposal.
Aggregates and any other construction/demolition waste should be responsibly reused to
its fullest extent.
Ample and equal room should be provided for rubbish and recycling.
X Green waste may be transported to the green waste sites located at the West Hawaii
Organics Facility and East Hawai'i Organics Facility, or other suitable diversion
programs.
X Construction and demolition waste is prohibited at all County Transfer Stations.
Submit Solid Waste Management Plan in accordance with attached guidelines.
Existing Solid Waste Management Plan is to be followed. Provide update to the
department on current status.
Other:
Planning Depi. County of Hawai'i is an Equal Opportunity Provider and Employer
Exhibit 7
.. ..... .....
Ramzi i. [Mansour, Director
November 29, 2021.
Page 2
The Wastewater Division has reviewed the subject application and offers the following
comments and/or recommendations (contact the Wastewater Division for details):
}' No comments.
( } Require connection of existing and/or proposed structures to the public sewer in
accordance with Section 21-5 of the Hawaii County Code.
( } Require Council Resolution to approve sewer extension in accordance with Section 21-
26.1 of the Hawaii County Code. Complete Sewer Extension Application_
( ) Require extension of the sewer system to service the proposed subdivision in accordance
with Section 23-85 of the Hawaii County Code.
Check or line out as applicable: [ ] If required by the Director of the Department of
Environmental.Management ("Director of DEM"), [ ] applicant shall conduct a sewer
study in accordance with the applicable wastewater system design standards prior to
approval to connect to the County sewer system. Applicant shall provide such sewer line
or other facility improvements as the Director of DEM may reasonably require, which the
sewer study may indicate are advisable for mitigation of impacts of the proposed project.
Contact Wastewater Division Chief for details.
( } proposed activity may be subject to existing or future federal, state, or county regulation
under Title 40 CFR 493.5, prohibiting discharge of certain pollutants into publicly owned
treatment works. Contact the Hawaii Department of Health for information regarding
pretreatment standards.
( X} Applicant shall follow Department of Health regulations..
( } Other:
RM:pls
2
iF O F Ny SUZANKETO-CASE
[:IIAIRPERS[lti
DAViO Y.IGE !.tas9 •y RoARI1 of I..11I1 ANI]1A7'�RAI.RF'SOLIRCFS
[.OVERNOR OF HAWAII
COHMI$yl o>of H'.1TF'R RF"SOL'RCi:
>T MAN AGF NI F NI
i
a� and rydr y: :t
STATE OF HAWAII
S@[eaf Hawes
DEPARTMENT OF LAND AND NATURAL RESOURCES
LAND DIVISION
POST Uh NICE ROX 621
HONOLULU,HAWAII 96909
Nov 22,2021
MEMORANDUM
FROM:
DLNR Agencies:
_Div. of Aquatic Resources
_Div. of Boating & Ocean Recreation
X Engineering Division (DLNR.ENGRCcDhawaii.gov)
X Div. of Forestry & Wildlife (rubyrosa.t.terrago(cDhawaii.gov)
_Div. of State Parks
X Commission on Water Resource Management (DLNR.CWRM(cDhawaii.gov)
_Office of Conservation & Coastal Lands
TO: X Land Division— Hawaii District (gordon.c.heitoc hawaii.gov}
FRGM- Russell Y. Tsuji, Land Administrator Pussel!rsu`ji
SUBJECT: Change of Zone Application (PL-REZ-2021-000003)— Request to Change
from Agricultural —20 Acres (A-20a) to Family Agricultural—2 Acres (FA-2a)
LOCATION: Alemai District, South Hilo, Island of Hawaii; TMK: (3) 2-7-008:130
APPLICANT: County of Hawaii on behalf of Garvin Goode and Laura Goode
Transmitted for your review and comment is information on the above-referenced subject
matter. Please submit comments by December 17, 2021.
If no response is received by the above date, we will assume your agency has no
comments. Should you have any questions about this request, please contact Darlene Nakamura
at darlene.k.nakamuraehawaii.gov. Thank you.
BRIEF COMMENTS: { } We have no objections.
{ } We have no comments.
{ } We have no additional comments.
{,/ } Comments are includedlattached.
Signed:
Print Name: Carty S. Chang, Chief Engineer
Division: Engineering Division
Date: Dec 6,2021
Attachments
cc: Central Files
Planning Dep'..
Exhibit__.8
DEPARTMENT OF LAND AND NATURAL RESOURCES
ENGINEERING DIVISION
LD/Russell Y. Tsuii
Ref: Change of Zone Application (PL-REZ-2021-000003)—Request to Change
from Agricultural—20 Acres (A-20a)to Family Agricultural—2 Acres(FA-
2a)
Location: Alemai District, South Hilo, Island of Hawaii
TMK(s): (3)2-7-008:130
Applicant: County of Hawaii on behalf of Garvin Goode and Laura Goode
COMMENTS
The rules and regulations of the National Flood Insurance Program (NFIP), Title 44 of
the Code of Federal Regulations(44CFR), are in effect when development falls within a
Special Flood Hazard Area(high-risk areas). Be advised that 44CFR, Chapter 1,
Subchapter B, Part 60 reflects the minimum standards as set forth by the NFIP. Local
community flood ordinances may stipulate higher standards that can be more restrictive
and would take precedence over the minimum NFIP standards.
The owner of the project property and/or their representative is responsible to research
the Flood Hazard Zone designation for the project. Flood zones subject to NFIP
requirements are identified on FEMA's Flood Insurance Rate Maps (FIRM). The official
FIRMs can be accessed through F EMA's Map Service Center(msc.fema.gov). Our
Flood Hazard Assessment Tool (FHAT)(http://gis.hawaiinfip.org/FHAT)could also be
used to research flood hazard information.
If there are questions regarding the local flood ordinances, please contact the applicable
County NFIP coordinating agency below:
o Oahu: City and County of Honolulu, Department of Planning and Permitting
(848) 768-8098.
o Hawaii Island: County of Hawaii, Department of Public Works(808)961-8327.
a Maui/Molokai/Lanai County of Maui, Department of Planning(808)270-7139.
a Kauai: County of Kauai, Department of Public Works(808)241-4849.
Signed:
�rz 07
C,A.RTY S. CHANG, CHIEF ENGINEER
Date: Dec 6,2021
❑F
cP t@ fi
DAVID Y.IGE tY SUZANNE D.CASE
GOVkRRDR OF IIAWM GMRAFRSOR
{ MICHAEL G.BUCK
` ELIZABETH A.CHAR,M.O.
NEIL J.HANNAHS
�,,^ AURORA KAGAWA-VIVIANI,PH.D.
?....e WRYNE K.KATAYAMA
PAUL J.MEYER
NUEL
STATE OF HAWAII M.KALEO M1}!fV TOR
1Y UN!C(:I OR
DEPARTMENT OF LAND AND NATURAL RESOURCES
COMMISSION ON WATER RESOURCE MANAGEMENT
P.O.Box 621
HONOLULU,HAWAII 96609
December 13, 2021
REF: RFD.5838.8
TO: Mr. Russell Tsuji,Administrator
Land Division
FROM, M. Kaleo Manuel, Deputy Director
Commission on Water Resource Management
SUBJECT: Change of Zone Application from Agricultural to Family Agricultural,South Hilo
FILE NO., RFD-5838-8
TMK NO.: (3)2-7-008:130
Thank you for the opportunity to review the subject document. The Commission on Water Resource
Management(CWRM)is the agency responsible for administering the State Water Code (Code). Under the Code, all
waters of the State are held in trust for the benefit of the citizens of the State,therefore all water use is subject to
legally protected water rights. CWRM strongly promotes the efficient use of Hawaii's water resources through
conservation measures and appropriate resource management. For more information, please refer to the State
Water Code,Chapter 174C, Hawaii Revised Statutes,and Hawaii Administrative Rules, Chapters 13-167 to 13-171.
These documents are available via the Internet at httplldlnr.hawaii.govlcwrm.
Our comments related to water resources are checked off below.
1. We recommend coordination with the county to incorporate this project into the county's Water Use and
Development Plan. Please contact the respective Planning Department and/or Department of Water
Supply for further information.
2. We recommend coordination with the Engineering Division of the State Department of Land and Natural
Resources to incorporate this project into the State Water Projects Plan.
❑ 3. We recommend coordination with the Hawaii Department of Agriculture(HDOA)to incorporate the
reclassification of agricultural zoned land and the redistribution of agricultural resources into the State's
Agricultural Water Use and Development Plan(AWUDP). Please contact the HDOA for more
information-
El
4. We recommend that water efficient fixtures be installed and water efficient practices implemented
throughout the development to reduce the increased demand on the area's freshwater resources.
Reducing the water usage of a home or building may earn credit towards Leadership in Energy and
Environmental Design(LEED)certification. More information on LEER certification is available at
http://www.usgbc.org/feed. A listing of fixtures certified by the EAP as having high water efficiency can be
found at http://www.epa.govtwatersense.
❑ 5. We recommend the use of best management practices(BMP)for stormwater management to minimize
the impact of the project to the existing area's hydrology while maintaining on-site infiltration and
preventing polluted runoff from storm events. Stormwater management BMPs may earn credit toward
LEED certification. More information on stormwater BMPs can be found at
htt pall plann ing.hawai i.gov/czm/in itiatives/low-impact-development/
RI 6. We recommend the use of alternative water sources,wherever practicable.
❑ 7. We recommend participating in the Hawaii Green Business Program,that assists and recognizes
businesses that strive to operate in an environmentally and socially responsible manner. The program
description can be found online at http:/lenergy.hawaii.gov/green-business-program.
RI 8. We recommend adopting landscape irrigation conservation best management practices endorsed by the
Landscape Industry Council of Hawaii.These practices can be found online at
Planning D e p i, http://www.hawaiiscape.com/wp-content/uploads/2013/04/LICH_Irrigation_Conservation_BMPs.pdf.
Exhibit-9
Mr. Russell Tsuji
Page 2
December 13, 2021
❑ 9. There may be the potential for ground or surface water degradation/contamination and recommend that
approvals for this project be conditioned upon a review by the State Department of Health and the
developer's acceptance of any resulting requirements related to water quality.
10 The proposed water supply source for the project is located in a designated water management area,and
a Water Use Permit is required prior to use of water. The Water Use Permit may be conditioned on the
requirement to use dual line water supply systems for new industrial and commercial developments.
11 The Hawaii Water Plan is directed toward the achievement of the utilization of reclaimed water for uses
other than drinking and for potable water needs in one hundred per cent of State and County facilities by
December 31,2045(§174C-31(8)(6), Hawaii Revised Statutes). We strongly recommend that this project
consider using reclaimed water for its non-potable water needs, such as irrigation. Reclaimed water may
include, but is not limited to, recycled wastewater,gray water, and captured rainwater/stormwater.
Please contact the Hawaii Department of Health,Wastewater Branch,for more information on their reuse
guidelines and the availability of reclaimed water in the project area.
❑ 12 A Well Construction Permit(s)is (are)are required before the commencement of any well construction
work.
13 A Pump Installation Permits)is (are)required before ground water is developed as a source of supply for
the project.
14 There is(are)wells)located an or adjacent to this project. If wells are not planned to be used and will be
affected by any new construction, they must be properly abandoned and sealed. A permit for well
abandonment must be obtained.
❑ 15 Ground-water withdrawals from this project may affect streamflows,which may require an instream flow
standard amendment.
❑ 16 A Stream Channel Alteration Permit(s)is(are)required before any alteration can be made to the bed
and/or banks of a steam channel.
F] 17 A Stream Diversion Works Permit(s)is(are)required before any stream diversion works is constructed or
altered.
18 A Petition to Amend the Interim Instream Flaw Standard is required for any new or expanded diversions)
of surface water.
19 The planned source of water for this project has not been identified in this report. Therefore,we cannot
determine what permits or petitions are required from our office,or whether there are potential impacts to
water resources.
RI OTHER, Planning Branch-
The Commission supports the use of alternative sources,such as reclaimed water,wherever
practicable to conserve our limited natural water supplies. We recommend best practices for
efficient irrigation (drip,micro-sprinklers,etc.when appropriate)and on-farm water conservation.
If you have any questions, please contact Neal Fujii of the Commission staff at 587-0216.
HAWAII Fl" DEPARTMENT . COUNTY OF HAWAII -
HILO, HAWAII 96720
DATE November 19, 2021
Memorandum
TO Planning Department, County offlawaii
FROM Fire Inspector Edward Kawasaki, Dire Prevention Bureau, County of I lawaii
StJRJFC'T' Garvin and Laura Goode
Change ol'Zone request
INK:2-7-008:130
Regarding above proposal for Change of Zone, the Fire Department has no issues as long as the
required infrastructure is installed. This would include fire department access roads and fire
hydrant system meeting county requirements.
Aloha,
E'dward Kawasaki
Fire Inspector 11
Fire Prevention Bureau
Planning Dept.
Exhibit 10
Mori, Ashley
From: Berndt <berndt.stugger@gmail.com>
Sent: Wednesday, December 15, 2021 7:23 PM
To: Planning Internet Mail
Cc: Kimball, Heather
Subject: Rezoning from AG 20a to FA 2a for TMK (3)-2-7-008.130
Dear Planning department and Windward Planning Commission.
I request that you do NOT approve the Application of the TMK(3)-2-7-008:130 of changing the zoning from Ag-20a to
FA- 2a.
By allowing this TMK to be subdivided into 2 ag lots, it will set a precedence for other property owners to do the same to
monetize their land by being able to more easily subdivide and sell off several parcels/houses and maximize their
property profits. Once subdivided with houses on each parcel, it will never go back to fields of food.
In addition, if this rezoning application was approved, it would be in direct contradiction to what the Hamakua CDP
outlines. The community was clear what the future of the Hamakua coast should be and it is clearly stated in the CDP.
The Hamakua CDP specially called out in its highest community objectives:
1. Project, restore and enhance watershed ecosystems, sweeping views and open spaces from Mauna to makai
2. Protect and restore viable agricultural lands and resources. Protect and enhance views capes and open spaces
3. Encourage community-based collaborative management plans to assure that human activities are in harmony with
the quality of the unique natural and cultural landscape
4. Protect and nurture social and cultural diversity and heritage assets
S. Direct future settlement patterns that are sustainable and connected. Honor Hamakua's historic and cultural assets
by concentrating new developments in existing, walkable, mixed-use town centers while LIMITING RURAL SPRAWL.
ETC...
Allowing lots to be subdivided into smaller and smaller lots is clearly against the will of the community. By talking to
friends and neighbors in the community, there seems to be a consensus that Ag should remain Ag and not be subdivided
into smaller parcels.
Please do not allow parcels to be chopped up and subdivided.
Aloha and mahalo for consideration
BerndtStugger
Farmer, co-owner Hamakua Chocolate Farm
Papaikou
Planning Dep . 1
Exhibit 11
Mori, Ashley
From: Dan Corson <dan@corsonart.com>
Sent: Wednesday, December 15, 2021 7:23 PM
To: Planning Internet Mail
Cc: Kimball, Heather
Subject: Rezoning from AG20 to FA 2a public feedback
Dear Planning Department and Windward Planning Commission. We appreciate the opportunity to provide feedback on
this rezoning application.
I strongly urge the department and commission NOT to Approve the Application of the TMK(3)-2-7-008:130 of changing
the zoning from A-20a to FA-2a.
While we have absolutely no animus towards the Goodes family, we feel this re-zoning is not about them, but rather
about the changing of zoning in Ag 20 into smaller and smaller parcels, which will be sold off eventually to non-family
members and then would likely be divided up even smaller parcels. We were very active in the development of the
Hamakua Community Development Plan (CDP) and attended a number of the talk-story sections . This division and
rezoning, contradicts the vary directives and objectives provided by the community.
The Hamakua CDP specially called out in its highest community objectives in order of priority:
1. Project, restore and enhance watershed ecosystems, sweeping views and open spaces from mauka forests to makai
shorelines
2. Protect and restore viable agricultural lands and resources. Protect and enhance views capes and open spaces
3. Encourage community-based collaborative management plans to assure that human activities are in harmony with
the quality of the unique natural and cultural landscape
4. Protect and nurture social and cultural diversity and heritage assets
5. Direct future settlement patterns that are sustainable and connected. Honor Hamakua's historic and cultural assets
by concentrating new developments in existing, walkable, mixed-use town centers while LIMITING RURAL SPRAWL.
Etc...
We are equally and most concerned that this re-zoning will be the "camel's nose under the tent" and will be used as
precedent for future rezoning from AG 20 into smaller and smaller lots. As a farmer myself, I have seen many AG spaces
moved from Ag to non-ag and once you build a house or a structure, it is NEVER going to go back into AG. (Even if this is
considered "Family Ag"this really just translates to smaller lots with the "wish"that these additional buildings will have
associated small gardens.) This is why the CDP clearly articulates the desire for protecting and restoring agricultural
lands and vistas rather than chopping them into smaller and smaller lots creating rural sprawl. This community has
clearly spoken its vision for the future and it has been adopted by the County Council as Ordinance in August of 2018.
This opinion and concern for precedent setting rezoning is shared by the majority of our neighbors. It has been a point
of conversation since the letter was posted to us a couple of weeks ago.
We strongly urge you to do not allow parcels to be chopped up and subdivided.
Aloha aina and mahalo for your serious consideration
Dan Corson, farmer, co-owner Hamakua Chocolate Farm, Papaikou HI 96781
Hamakua Chocolate Farm
PO BOX 101
Planning Dept. 1
Exhibit .__12
Papaikou, HI, 96781
(808)443-9165
2
Date: January 17, 2022
To: Sidney Fuke, Planning Consultant
County Planning Department
From: Violet Oliver
Resident on Kalaoa Camp Road
Re: Rezoning Application for TNM 3)-2-7-008 : 130
Aloha,
This letter is in support of the rezoning application (A-20a to FA-2a) for
Garvin and Laura Goode. After thoughtful consideration, I respectfully
request your approval for this application.
During the period where we have both owned property on Kalaoa Camp
Road they have been excellent neighbors who have always been thoughtful
and respectful while conducting their agricultural endeavors. Their crops &
farm animals have been well attended causing no interference in community
activities or lifestyle.
Their decision to subdivide their property in order to share it among their
family members has my complete support as it will enable them to move
forward on development with animals & crops that suit their individual
goals.
Should you have any further questions for me you may contact me at (808)
938-0691 or email me at violetoliver597(c1,g!nai .com.
S incerely,
Violet Oliver
Planning Dep..
Exhibit 13 _
From: Sidney Fuke
To: Camero.Tracie-Lee
Cc: Jackson. Maiia; "Garvin Goode"
Subject: Garvin Goode"s Application
Date: Sunday,January 16,2022 9:39:39 AM
Good morning Tracie,
I am forwarding this email from a neighbor who is supportive of Mr.Goode's request for the
record and your information. Thank you very much and as you will open this up on Tuesday, I trust
that you enjoyed the MLK Holiday Weekend!
Sid
---------- Forwarded message ---------
From: Steve Zoll <zollohanana icloud.com>
Date: Sat,Jan 15, 2022 at 5:09 PM
Subject:
To: < og odegarvinna gmail.com>
January 15, 2022
1, Steve Zoll, lot owner of parcel 2-7-008:120, have no objections to Mr Goodes subdivision of his
property.
Sincerely,
Steve Zoll
Sent from my iPhone
Planning Reps.
Exkibit 14
Mori, Ashley
From: Camero, Tracie-Lee
Sent: Thursday, January 20, 2022 7:22 AM
To: Mori, Ashley
Cc: Araujo, Jaclyn
Subject: Fw: Email Testimony of Support - Garvin Goode's Rezoning of TMK (3) 2-7008:130
from A-20a to FA-2a
Hey Ashley,
When time permits can you please intake this email. Thank you and have a great day!
-Tracie
From: Sidney Fuke <sidfuke@hawaiiantel.net>
Sent:Thursday,January 20, 2022 6:18:23 AM
To: Camero, Tracie-Lee
Cc: 'Garvin Goode'
Subject: Email Testimony of Support-Garvin Goode's Rezoning of TMK(3) 2-7008:130 from A-20a to FA-2a
Good morning Tracie,
Here is another email of support Mr. Goode sent me. We would appreciate your making this part of the record. Many
thanks!
Sid
---------- Forwarded message ---------
From:Alan Hurt<alanhurt47@gmail.com>
To: <goodegarvin@gmail.com>
Date:Wed,Jan 19, 2022 at 12:44 PM
Subject: Rezoning of TMK(3) 2-7008:130 from A-20a to FA-2a
Dear Planning Department and Plannng Commission,
I am in favor of Garvin and Laura rezoning from A-20a to FA-2a.
Sincerely,
William Hurt
TMK(3) 2-7008:131
Planning Regi.
Sidne Fuk corn sLa lt.#Vnt
AMMIle
MFRMW 100 Pauahi Strut, SUlte 212 n Hila, Hawaii 96726 Planning•'Var'iance.Zoning
Telephone:(808)969-11522« Cell: («*08)989-0640 Subdivision«Land Use Perinits
E-mail: sic#take@hawaiiantel.net Environrnental Reports
Deceinber 6, 2021
Mr. 7,rrrac:o Kern, Director
Planning ing epaa:rtwrr ent
('701 JNTY 01" HAWAII
101 Paija hi Street
R h1c), 111 96 720
20
Dear Mr. Kern,
Subject: Rezoning Application (REZ 2021-000003)
Applicants: dram and Laura Goode
erraaar aaac aalaao a� ra��a flo Hawaii T' .- �� 0 0
This is in response to aa3w eney comments to date regarding the saJ�crcWt rrr att ra,.
DITARA"MEN'"I' OF 111,13LIC, WORK. "I'
The Depraurtrnent rc,ccrratirrrred the y"cane "A" designation ofthe propeilly, rrac,aaning the
property is outside oaf the 500year pie.rc dl,,rIaairr, Relaat:d°dppy, rtpaOLdd there be any on-site
d istur aa.rrc e activity, the applicants or t1wwir authorized construction person(s) will abide b
the re;c.uirenu.mts (A"Ciaaa t.er 10, Haawaai` C'aaaanly Code,, relating k:) E.rosion and Soil.
Sd°diraaentaar)r C'oratrol. This will assure t:haat the daddy site generated water is not divert
towards a;a(�j acent properties. In em'kit,i"rct:ron, with the subdivision process., in the O',wient aa.
car°aainaa,ge starchy is need(,,d, all of the rcaa U r-ernenus ofthart approved study, w ifl I)e aµraaaaplied
With.
FIRE DEPARMFNT
Access to the property is cUrrenfly Paved ttdr as width of ptt tc,c.t and aaprdd;r sc,rw,es, Is
access to turd:° p aalaacwar Caaml,.), Thus, Fire vehicles les arcr able to access, not only the sa bJect
property t.ca a11V,1S rrrar,r rr ofit;, The site is currently serviced by three (3) rraacters, c nca l`carr
d iwh oft:h proposed lots, and as such no ,,idditional meters should be tieed cd; , That
notwithstanding, any additional fire related IeCJ rkeraacrrts will be addressed in con.iarrrdmtidrra
with the subdivision Process.
ted &,pt DFaJ1 R,r r,'N.p.
The t.:eprar°tnam er.at did not <antrdwppaaatc "an,tx sa,a;nafirµant a~rrafydacl to trgffic c;ar dlor° rrrbltc;
Sgfirttf edarn,,er ns, >
Should there ' e furflier questions ns dada t:pras inaatterr., p leri e Leel fycrd�a to contact rrac. In
the meaarwtirne,, 1 will continue to .aracbrait;car° the EMC, system for additional agency ncy c.duwrra.rnent.s.
Planning Dept.
Exhibit 16
Mr. Ze ncicn Kern, Director
December 6, 2021
Page 2
R,elautive to Solid Waste, the Applicants intend tan use the green waste on their
property. It also understands that demolition and ccarnstrnnctlon waste, however, will be
disposed off ins an authorized landfill and nnol: in,n any of the Er"ounnty '[n°a n°ter Stations.
1-urther, the ¢rccpanlrcrnncnnts of the." State l: epna rt:nniennt of Health relative to wastewater
disposal will be adhered to. There are two (2) existing dwellings which are cn.urTe ntly lnclnn
serviced by their respective septic sy tcrrn. The third dwelling will have its own septic
systcrrn, all in compliance with the Depnanrtme nt of Health's requirements.
STATE TE'. E)l.°:PA p y/1fE N'I Ola flEAI,"FlI
That agency ncy noted that at had no cnnwlro nrnncratanl or health c o nc ens s with the request.
Should there be further questions on this matter, pleasefeel tree to contact rnc. In the;
rnncanntlrnnc,, 1 wwiH continueto monitor the 1"'PI :`, system lOr additional agency ccnnnnrnncrnts.
Thank YOU very much!
nnnc���n°cd y,
SIDNEY' o E'GwJKE
Plainnnlnnp Co nSnnptcnnnt
Copy ... Eu. Garvin Goode ww/enclosures wlan email
J9SidneyFuke, Planning Consultant
100 Pauahi Street,Suite 212-Milo,Hawaii 96720 •Planning-Variance-Zoning
Telephone:(808)969-1522-Cell:(808)989-0640 Subdivision-Land Use Permits
E-mail:sidfuke@hawaiiantel.net Environmental Reports
December 20, 2021
Mr. Zendo Kern, Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Kern:
Subject: Rezoning Application (REZ 2021-000003)
Applicants: Garvin and Laura Goode
Alemai and Kalaoa, South Hilo,Hawaii,TMK: 2-7•-008: 130
This is in response to comments from the Department of Water Supply {DWS}
regarding the subject matter.
The applicants will notify the DWS the meter assignment during the subdivision
review process. As the meters will not front each of the proposed lots,an"out of bounds"
agreement with the DWS will be executed.
Should there be further questions on this matter,please feel free to contact me. In
the meantime, I will continue to monitor the EPIC system for additional agency comments.
Thank you very much!
Sincerel ,
K
SIDNEYV. F KE
Planning Consultant
Copy—Mr. Garvin Goode wl enclosures via email (goodeaarvin@gmaii.com
Planning Dees.
Exhibit 17
JrSidneyFuke, Planning Consultant
100 Pauahi Street,Suite 212•Hilo,Hawaii 96720 •Planning-Variance•Zoning
Telephone:(808)969-1522-Cell:(808)989-0640 •Subdivision•Land Use Permits
E-mail-sicifuke@hawaiiantel.net •Environmental Reports
January 10, 2022
Mr. Zendo Kern, Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, Hl 95720
Dear Mr. Kern:
Subject: Rezoning Application (REZ 20214 00003)
Applicants: Garvin and Laura Go ode
Alemai and Kalaoa,South Hilo, Hwaii TMK: 2-7-008: 130
This is in response to comments to additional agenc i and public comments found on
EPIC relating to the subject application.
Relative to the County Department of Public Works —Engineering continents,the
requirements of the Chapter 10 relating to Erosion and Sed:mentary Control will be adhered
to in the submittal of plans for any land disturbance permit:. The plans will reflect all
development-generated runoff to be contained on site and r at directed to any adjacent
properties. This should not be too complicated a task inasn such as the site is within Zone X,
an area outside of the 500-year floodplain.
The State Department of Land and Natural Resourc.s--Engineering Division
outlined drainage requirements,which essentially parallels he DPW-Engineering's
comments. The Commission on Water Resource Managen ent recommended use of
alterrtative water source and incorporate landscape irrigaticz conservation measures_ Due to
the area's abundant rainfall,the applicant already has not h.id a need to utilize excessively
rely on domestic or potable water for its farm.
To date,there were two (2)public comments,both 'om the Hamakua Chocolate
Farm. The concern appears to be the rezoning and subsegL ent creation of 2+acre lots would
set a precedent for other properties being rezoned into sma ler lots and thus would not be
consistent with the Hamakua Community Development Ph n.
As noted in the planning report which accompanier the application, the 9+ acre
property is already entitled to three (3) dwellings- The rezoning and subdivision will thus
not result in the creation of additional residential structures on the property. The proposed
3-lot subdivision will enable each of the family member to now have clear identification of
their respective areas with its own tax map key number, as apposed to owning their area on
an"undivided interest"basis. The existing farm will conti iue by the Applicants and their
children.
Planning Dept.
Exhibit 18
Mr. Zendo Kern
January 10, 2022
Page 2
The"broad-brush" General Plan LUPAG Map chary cterizes the makai portion of the
property as Low Density Urban and the mauka area Import-_nt Agricultural Land. The
Hamakua CDP used the same map to arrive at its similar designations. Notwithstanding an
earlier Departmental interpretation that the site falls within :he Low Density Urban area of
the General Plan,we would like to restate (in hold italics b(low)the discussion of the
Applicant's planning report relative to the Hamakua CDP:
On the policy relating to 'Aina, the CDP identified i hree (3) specific objectives.
■ Objective 1: Protect, restore and enhance watez shed ecosystems, sweeping
views, and open spaces from mauka forests to n akai shorelines..."
"The site is not part of any watershed area,no►,does it have any mauka/makai
access.As such, the project does not affect this objective."
• Objective 2: Protect and restore viable agricultr ral lands and resources. Protect
and enhance viewscapes and open spaces that e-,.emplify Hazmkua's rural
character.
"The applicants already have an on going fare?on the property. This will
continue. Given the age of the applicants, wit] the rezoning and subdivision of
the property for family members, it will ensure continued agricultural activities
on the site. The 2+acre farm lots are consiste,it with the rural character of
this area."
• Objective 3: Encourage community-based colli borative management plans...."
"This objective is not applicable to the request. as this is a policy directed at
governmental bodies."
On the policy relating to Community,four(4) specific objectives were identified:
1
■ Objective 4: Protect and nurture Hamakua's social and cultural diversity and
heritage assets, including sacred places, historic sites and buildings, and
distinctive plantation towns.
The subject site is not within existing plantatio u towns, and thus, this objective
is not applicable.
Mr. tendo Kern.
January 10, 2022
Page 3
• Objective_5: Direct future settlement patterns ft-t are sustainable and connected.
Honor Hamakua's historic and cultural assets by concentrating new development
in existing,walkable,mixed use town centers W file limiting rural sprawl.
While the site is not within existing town, it is l roximate to an existing
plantation camp called Kalaoa. The proposed 'ot size will be rural in nature,
and there will be no more than the existing twc (2) and one(1)new approved
dwellings on the property. The visual and funs tional nature of the site will
thus not be altered.
• Objective 6: "Develop and improve critical community infrastructure, including
utilities,healthcare, emergency services, afford,,ble housing, educational
opportunities and recreational facilities to keep our 'ohana safe, strong, and
health"
While the project will utilize existing and not a cpand utility infrastructure
(such as water and access), it will contribute ft,wards the community
infrastructure. The project will provide much r eeded housing opportunities for
fancily members, thus helping make its `ohana stronger.
■ Objective 7: establish a rural transportation nes work-... "
This objective provides directions for governm ental actions. As such, it is not
really applicable.
The third and last category,Economy, identifies the remaining six(6)objectives.
• Objective 8: "Promote, preserve and enhance a liverse, sustainable, local
economy."
r Objective 9: "Encourage the increase and diver!ity of employment and living
options for residents, including living wage job., and entrepreneurial
opportunities that allow residents to work and s top close to home and that
complement Hamakua's ecology,rural characte and cultural heritage."
The focus of these objectives(plus Objective 6, is having housing,including
affordable ones,proximate to areas of service and employment. This project
achieves those objectives. The site is located p oximate to areas of
employment,yet in a rural setting.
Mr. Zendo Kern
January 10,2022
Page 4
■ Objective 11: Enhance and promote local and s istainable agriculture, farming,
ranching, renewable energy, and related econorr is support systems.
With its emphasis on farnily-agriculture, the pr oject will full this objective.
• Objective 12. Preserve traditional subsistence pi actices and encourages a
reciprocity (e.g.,bartering)economy as a sustaii.able complement to Hamakua's
resource-based economy.
White the applicants'farming operations is fi r ancially conventional, they do
periodically engage in "bartering"or "sharing"with other agricultural
producers or neighbors.
• Objective 13: Promote appropriate rural tourism that welcomes guests for an
alternative visitor experience.... "
With its BBB component, the project collective ty will implement Objectives 11,
12, and 13.
In light the above, it is maintained that the Applicar ts' request is consistent with and
implements the objectives of the HCDP.
On the matter of"precedent",please note that each •equest has to stand on its own.
This means the request would have to address matters such as the General Plan and
Harnakua CLIP. You will note that for the most part propel ties mauka of the subject
property does not have the Low Density Designation on the General Plan LUPAG map.
Further, the subject property already has access to three (3) county water meters, whereas
many properties in this area do not. And one of the basic ii.frastructure test for rezoning is
access to County equivalent water. Given those two (2) ch minstances, it would be difficult
to envision a floodgate of smaller lot rezoning in this gener-il area.
Should there be further questions on this matter,ple ase feel free to contact me. In
the meantime, I will continue to monitor the EPIC system f)r additional agency comments.
Thank you very much!
S cerel�
SID Y
Planning Consultant
Copy---Mr. Garvin Goode wl enclosures via email oode arvin mail.cvm