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Home My WebLink AboutPD Background Report (PL-REZ-2023-041 & PL-SMA-2023-029) B SchmitzREZ SMA-5/11/23 COUNTY OF HAWAI`I PLANNING DEPARTMENT BACKGROUND REPORT DENNIS SCHMITZ CHANGE OF ZONE APPLICATION (PL-REZ-2023-000041) SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION (PL-SMA-2023-000029) DENNIS SCHMITZ has submitted an application for a Change of Zone from an Agricultural (A-20a) zoning district to an Agricultural (A-5a) zoning district for 20.027 acres of land and an application for a Special Management Area Use Permit to allow for the development of a four (4) lot agricultural subdivision on 20.027 acres of land. The subject property is located to the north (makai) of Old Mamalahoa Highway approximately 270 feet east of its intersection with Milo Street, Por. of Humu`ula and `O`okala, North Hilo, Hawaii, TMK: (3) 3-9-001:024. APPLICANT'S REQUEST 1. Request: The applicant is requesting the following entitlements to facilitate the development of a four(4) lot subdivision: • PL-REZ-2023-000041: Change of Zone from an Agricultural (A-20a) zoning district to Agricultural (A-5a) zoning district for 20.027 acres of land in order to create a four (4) lot subdivision. The proposed A-5a zoning would allow for up to 4 lots to be created on the subject property. According to the Zoning Code, the Agricultural zoning 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. Requirements for establishing a land use in the A zoning district, including a list of the variety permitted land uses, are shown in Section 25-5-70 to 77 of the Zoning Code. (Planning Department Exhibit 1 — Zoning Code Requirements for Agricultural Districts). • PL-SMA-2023-000029: Special Management Area Use Permit to allow for the development of a four(4) lot agricultural subdivision on 20.027 acres of land in preparation for the future development of individual building sites that may accomodate a farm dwelling or other structures or uses associated with A-5a zoning. 2. Reasons for Request: If the requested land use entitlement changes are approved, the applicant is proposing to subdivide the property into four(4) lots, consisting of 5.027 acres, and 5.00 acres in size in order to continue and expand the grazing, orchard and crop activities by subdividing the property to allow for more intense farming by the individual family members. 3. Project Timetable and Cost: According to the applicant, a subdivision application would be filed within a year from the granting of the Change of Zone. The applicant anticipates having the property subdivided within 3 years and anticipated cost to be somewhere around $200,000. 4. Supportive Information: The applicant has submitted the attached in support of the request. (Planning Department Exhibit 2—Change of Zone Application and Special Management Area Use Permit Request dated February 2023) 5. Landowner: Dennis W. Schmitz. STATE AND COUNTY PLANS 6. State Land Use District: Agricultural and Conservation. See Figure 3 of the Application showing Boundary Interpretation No. 2022-02, which indicates the Conservation District boundary is generally located makai of the top of pali. 7. County Zoning: The subject parcel is zoned Agricultural-20 acre (A-20a). 8. General Plan LUPAG Designation: In a letter dated February 9, 2023, the Planning Director(Exhibit E of Application) determined that the General Plan designation for this property is Urban Expansion LUPAG designation, which allows a, "mix of high density, medium density, low density, industrial, industrial-commercial, and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. " This letter acknowledged that the Hamakua Community Development Plan designates the property as Important Agricultural Land and that future revisions to the General Plan will take the CDP designation into consideration. 9. Hamakua Community Development Plan (CDP): The Hamakua CDP adopted by the Hawaii County Council Ordinance No. 18 78, on August 22, 2018, designates the subject property as Important Agricultural Lands. 10. Special Management Area: The entire project parcel is located along the shoreline and within the Special Management Area(SMA)which is a part of the Coastal Zone -2- Management Program and regulated by the County. The SMA are lands extending mauka from the shoreline as delineated on the maps filed with the Planning Commission as of June 8, 1977, or as amended pursuant to Section 9-23 of the Planning Commission Rules. In conjunction with this proposed rezoning, the applicant has submitted a Special Management Area Use Permit application for the proposed four-lot subdivision in the preparation of future homesites and associated development. The Board of Land and Natural Resources certified the shoreline along the top of the sea cliff on January 14, 2022 and the Director has set the minimum shoreline setback at forty (40) feet inland from the certified shoreline. DESCRIPTION OF PROJECT SITE AND SURROUNDING AREA 11. Project Site: The 20.027-acre property is irregular in shape and located makai of Old Mamalahoa Highway. The property is located mauka of a rocky cliff shoreline and sits at an elevation of about 210 feet at the top of the cliff to 320 feet at the southern boundary (mauka) of the property with a gentle 19% slope. The subject property has been used for cattle grazing and a small orchard for the past 20 years and is currently improved with a two-story residence and a garage that was completed in 1998. 12. Surrounding Zoning and Land Uses: Surrounding lands are zoned MG-la to the west and A-20a to the east. The project site is located makai of the residential areas of Milo Village and northwest of Kukui Camp Subdivision, both of which are zoned as Single-Family Residential (RS-10). Lands immediately south were rezoned to the Family-Agricultural (FA- la) zoning district in late 2022 in support of a proposed 7-lot subdivision. Immediately adjacent to the west is the former `O`okala Mill site, comprising in excess of 40 acres of General Industrial (MG-la) zoned lands. The Alailoa Gulch forms the eastern boundary of the subject property, with Moonlight Road forming its southern boundary. 13. U.S.D.A. Soil Type: The property is classified as `O`okala medial silty clay loam, 0 to 35 percent sloped, which has been used primarily for sugarcane. Permeability is rapid, runoff is medium and the erosion hazard is moderate. Roots can penetrate to a depth of 4 to 5 feet. 14. Land Study Bureau's Soil Rating: The Land Study Bureau overall Master Productivity Rating classifies the soils within the area as "B" or"Very Good" and"E" or"Very Poor" for agricultural productivity. 15. Agricultural Lands of Importance to the State of Hawaii (ALISH): Prime Agricultural Lands and Unclassified. Prime Agricultural Lands, which is land best suited for the -3- production of food, feed, forage and fiber crops. The land has soil quality, growing season and moisture supply needed to produce sustained high yields of crops economically when treated and managed, including water management, according to modern farming methods. 16. Flood Zone: According to the Department of Public Works (DPW) Engineering Division, the subject parcel is currently designed as Zone X on the Flood Insurance Rate Map (FIRM). Zone "X" is an area determined by FEMA to be an area outside the 500-year floodplain. 17. Flora/Faunal Resources: There were no professional surveys conducted of the floral or faunal resources for the subject property, however the applicant does not believe that any rare or endangered floral or faunal resources are likely to be found within the subject property due to the long developed residential use and the suburban nature of the surrounding area and the long-developed use of the subject property for sugarcane. According to the State Department of Land and Natural Resources, Division of Forestry and Wildlife (DOFAW)there are several state-listed species that could occur at or in the vicinity of the subject property including the Hawaiian Hawk(`Io), Hawaiian Goose (Nene), Hawaiian Hoary Bat (`Ope`ape`a) and other seabirds. DOFAW provided recommendations to mitigate impacts on these species. 18. Archaeological/Historical Resources: No professional archaeological and cultural study was conducted of the subject property. According to the applicant, the site has already been disturbed due to its past cultivation in sugarcane and its continuing use for agricultural purposes and no archaeological or historical features are known to exist on the subject property. The State of Hawaii Department of Land and Natural Resources-Historic Preservation Division concurred that no historic properties would be affected by the proposed rezone in a letter dated May 31, 2023. 19. Cultural or Native Gathering Rights: There is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of any known valued cultural, historical or native resources in the area. 20. Traffic: Given the small scale and scope of the project, a TIAR was not performed. According to the applicant, the proposed 4-lot subdivision is expected to generate about 4 peak hour vehicle trips which is well below the 50 peak hour trip benchmark. 21. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses the property. According to the DOFAW Na Ala Hele Trails and Access -4- Program, an 1884 Registered Map of the area shows a"Canoe Landing"near the western border of the subject property. DOFAW recommended that access to the shoreline fishing resources and watercraft launching should be upheld by requiring a public pedestrian access easement and the County and the applicant should work with the Na Ala Hele Trail Program to locate appropriate access to the shoreline. PUBLIC UTILITIES AND SERVICES 22. Vehicular Access: The subject property is currently accessed via a series of 40-foot-wide access and utility easements between Old Mamalahoa Highway and the subject property. Old Mamalahoa Highway, which is a County owned and maintained roadway having an approximate varying pavement width of 20 feet within an existing 50-foot right-of-way, will provide primary access to the project site through `O`6kala village. From Old Mamalahoa Highway, secondary access to the subject property will be provided by a series of 50-foot wide private agricultural-standard roadways which were previously used as cane haul roads. These former cane haul roads have pavement widths of at least 20 feet, with portions covered by overgrown vegetation, which will be removed to ensure that a minimum agricultural standard pavement width and shoulders are provided. The Applicant is working with the adjoining landowner to secure the necessary access and utility easements through the mauka lands and to coordinate its construction to County-dedicable standards. 23. Water: According to the Department of Water Supply (DWS), water can be made available from an existing 6-inch waterline along Old Mamalahoa Highway. The applicant has secured a water commitment for three additional water units which are valid until May 31, 2026 to support the propped subdivision. Additionally, DWS states that the applicant will need to construct water system improvements, which shall include, but not be limited to: water main installation; service laterals that will accomodate a 5/8-inch meter to front each lot; and the relocation and adjustment of the DWS affected water system facilities (should they be necessary). The applicant will also be required to remit the prevailing facilities charge upon completion of the required water system improvements and prior to final subdivision approval being granted. 24. Wastewater: There is no County sewer in the area. New dwellings and agricultural structures will have a septic system installed in accordance with the requirements of the State Department of Health. -5- 25. Solid Waste: There is no municipal waste collection service 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. 26. Essential Services and Utilities: All essential utilities and services are available to the property. Police services, fire services, and medical services are available in Honoka`a, about 12 mile north of the project site. AGENCIES' AND ORGANIZATIONS' COMMENTS 27. Department of Public Works—Engineering Division (Planning Department Exhibit 3 — April 24,2023 Memo) 28. Department of Water Supply(Planning Department Exhibit 4—April 13,2023 Memo) 29. Department of Water Supply(Planning Department Exhibit 5 —May 18,2023 Memo) 30. Police Department(Planning Department Exhibit 6—April 4, 2023 Memo) 31. Fire Department(Planning Department Exhibit 7 —Apirl 10, 2023 Memo) 32. State Department of Health—(Planning Department Exibit 8 —April 14,2023 Memo) 33. State Office of Planning and Sustainable Development (Planning Department Exhibit 9 —April 19,2023 Memo) 34. State Department of Land and Natural Resources — State Historic Preservation Division (Planning Department Exhibit 10 —May 31,2023 Memo) 35. State Department of Land and Natural Resources—Office of Coastal and Conservation Lands (Planning Department Exhibit 11 —March 29,2023 Memo) 36. State Department of Land and Natural Resources—Office of Coastal and Conservation Lands (Planning Department Exhibit 12—April 20,2023 Email) 37. State Department of Land and Natural Resources—Division of Forestry and Wildlife (Planning Department Exhibit 13 —June 9,2023 Memo) AGENCIES -NO COMMENTS/NO CONCERNS 38. State Department of Land and Natural Resources—Division of Aquatic Resources; State Department of Land and Natural Resources—Land Division. APPLICANT'S RESPONSE TO AGENCIES' COMMENTS 39. Planning Department Exhibit 14—Letter dated May 26, 2023 from Daryn Arai responding to OPSD,DLNR—Land Division,DLNR—OCCL, DOH, DWS, DPW, Fire and Police comments. -6- 40. Planning Department Exhibit 15—Letter dated June 21, 2023 from Daryn Arai responding to DLNR-SHPD,DLNR-DOFAW comments. PUBLIC COMMENTS 41. As of the date of this writing, the Planning Department has not received any written comments or objections from the general public or adjacent landowners on the subject application. -7- 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 Planning Dapi. Exhibit ___._ 1 § 25-5-72 HAWAI`I COUNTY CODE (12) Fertilizer yards utilizing only manure and soil, for commercial use. (13) Forestry. (14) Game and fish propagation. (15) Group living facilities. (16) Kennels. (17) Livestock production, provided that piggeries, apiaries, and pen feeding of livestock shall only be located on sites approved by the State department of health and the director, and must be located no closer than one thousand feet away from any major public street or from any other zoning district. (18) Public uses and structures which are necessary for agricultural practices. (19) Retention, restoration, rehabilitation, or improvement of building or sites of historic or scenic interest. (20) Riding academies, and rental or boarding stables. (21) Roadside stands for the sale of agricultural products grown on the premises. (22) Utility substations, as permitted under section 25-4-11. (23) Vehicle and equipment storage areas that are directly accessory to aquaculture, crop production, game and fish propagation, livestock grazing and livestock production. (24) Veterinary establishments. (25) Wind energy facilities. (b) The following uses may be permitted in the A district, provided that a use permit is issued for each use: (1) Golf courses and related golf course uses, including golf course driving ranges, golf maintenance buildings and golf club houses, provided that the property is within the state land use urban or rural district. Golf courses and golf driving ranges shall not be permitted within the state land use agricultural district unless approved by the County before July 1, 2005. (2) Telecommunication antennas and towers. (c) The following uses may be permitted in the A district, provided that a special permit is obtained for such use if the building site is located within the State land use agricultural district: (1) Adult day care homes. (2) Airfields, heliports, and private landing strips. (3) Bed and breakfast establishments, as permitted under section 25-4-7. (4) Community buildings, as permitted under section 25-4-11. (5) Excavation or removal of natural building material or minerals, for commercial use. (6) Family child care homes. (7) Guest ranches. (8) Home occupations, as permitted under section 25-4-13. (9) Lodges. (10) Meeting facilities. (11) Model homes, as permitted under section 25-4-8. (12) Public dumps. 25-92 ZONING § 25-5-72 (13) Public uses and structures, other than those necessary for agricultural practices, as provided under section 25-4-11. (14) Temporary real estate offices, as permitted under section 25-4-8. (15) Trailer parks with density of three thousand five hundred square feet of land area per trailer, provided that plan approval is secured prior to commencing such use. (16) Uses, other than those specifically listed in this section, which meet the standards for a special permit under chapter 205, Hawaii Revised Statutes. (d) The following uses may be permitted in the A district, provided that either a use permit is issued for each use if the building site is outside of the State land use agricultural district or a special permit is issued for each use if the building site is within the State land use agricultural district: (1) Bed and breakfast establishments, as permitted under section 25-4-7. (2) Crematoriums, funeral homes, funeral services, and mortuaries. (3) Churches, temples and synagogues. (4) Day care centers. (5) Hospitals, sanitariums, old age, convalescent, nursing and rest homes. (6) Major outdoor amusement and recreation facilities. (7) Medical clinics. (8) Schools. (e) Buildings and uses accessory to the uses permitted in this section shall also be permitted in the A district. (f) No building site shall be established after December 1, 1996 which shall in any way restrict or limit aquaculture, horticulture, production of crops, keeping of livestock, game and fish propagation, or the processing, sale or other commercial use of the products of such uses. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2008, ord 08-155, sec 13; am 2010, ord 10-17, sec 6; am 2012, ord 12-28, sec 9; ord 12-124, sec 8; am 2014, ord 14-86, sec 9; am 2021, ord 21-26, sec 10.) Section 25-5-73. Height limit. The height limit in the A district shall be thirty-five feet for any residential structure, including any single-family dwelling, or farm dwelling, and forty-five feet for all other structures. The director may, however, permit by plan approval, any nonresidential agricultural structures to be constructed to a height of one hundred feet, if the director determines that the additional height above the forty-five foot height limit is necessary. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-74. Minimum building site area. The minimum building site area in the A district shall be five acres. (1996, ord 96-160, sec 2; ratified April 6, 1999.) 25-93 SUPP. 10 (7-2021) 25-5-75 HAWAI`I COUNTY CODE Section 25-5-75. Minimum building site average width. Each building site in the A district shall have a minimum average width of two hundred feet for the first five acres of required area plus twenty feet for each additional acre of required area. Provided that no building site shall be required to have an average width greater than one thousand feet. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-76. Minimum yards. (a) Except as otherwise provided in this section, the minimum yards in the A district shall be thirty feet for front and rear yards, and twenty feet for side yards. (b) For accessory uses such as shade cloth structures used in controlling the amount of sunlight in the raising of plants and flowers, rear, side and front yards in the A district shall be at least ten feet, except where the A district shares common boundaries with urban zones and main government roads. (c) For accessory uses such as plastic roofed and shade cloth wooden or metal framed structures used in controlling the amount of sunlight, rainfall, wind and other elements of nature in the raising of fruits, vegetables and similar agricultural products, rear, side and front yards shall be at least ten feet except where: (1) Exterior walls of any type other than shade cloth are added to the wooden or metal framed structure; (2) The specific use allowed is abandoned; and (3) The A district shares common boundaries with urban zones and main government roads. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 1999, ord 99-110, sec 1.) Section 25-5-77. Other regulations. (a) If any legal building site in the A district has an area of less than five acres, then the yard, minimum building site average width and height requirements for the building site shall be the same as the yard and height requirements in the FA district. (b) One single-family dwelling or one farm dwelling shall be permitted on any building site in the A district. A farm dwelling is a single-family dwelling that is located on or used in connection with a farm or if the agricultural activity provides income to the family occupying the dwelling. (c) Additional farm dwellings may be permitted in the A district only upon the following conditions: (1) A farm dwelling agreement for each additional farm dwelling, on a form prepared by the director, shall be executed between the owner of the building site, any lessee having a lease on the building site with a term exceeding one year from the date of the farm dwelling agreement, and the County. The agreement shall require the dwelling to be used for farm-related purposes. 25-94 ZONING § 25-5-77 (2) The applicant shall submit an agricultural development and use program, farm plan or other evidence of the applicant's continual agricultural productivity or farming operation within the County to the director. Such plan shall also show how the farm dwelling will be utilized for farm-related purposes. (d) An ohana dwelling may be located on any building site in the A district, as permitted under article 6, division 3 of this chapter. (e) Exceptions to the regulations for the A district regarding heights, building site areas, building site average widths and yards, may be approved by the commission within a planned unit development. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 4.) Division 8. IA, Intensive Agricultural Districts. Section 25-5-80. Purpose and applicability. The IA (intensive agricultural) district provides for the preservation of important agricultural lands as provided for in the general plan and characterized by a mix of small and large scale commercial farms and other agricultural operations which may include residential use in the form of farm dwellings closely tied to intensive agricultural use. The lands in the IA district are those lands which have the soil, quality, growing season, and moisture supply needed to sustain high yields of crops generally or of specific crops of statewide or local importance when managed according to modern farming methods. All IA districts shall be located within the State land use agricultural or conservation district. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-81. Designation of IA districts. The IA (intensive agricultural) district shall be designated by the symbol "IA" followed by a number together with the lower case letter "a" which indicates the required or minimum number of acres for each building site. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-82. Permitted uses. (a) The following uses shall be permitted in the IA district: (1) Agricultural parks. (2) Agricultural products processing, major and minor. (3) Agricultural tourism as permitted under section 25-4-15. (4) Aquaculture. (5) Cemeteries, as permitted under chapter 6, article 1 of this Code. (6) Crop production. (7) Farm dwellings, as permitted under sections 25-5-87(b) and (c). (8) Forestry. 25-95 CHANGE OF ZONE & SPECIAL MANAGEMENT AREA USE PERMIT APPLICATIONS Applicant: DENNIS SCHMITZ Request: A-20a to A-5a in support of proposed 4-lot subdivision and related improvements Tax Map Key: (3) 3-9-001:024 `O`okala and Mano`waiale`e, North Hilo District Hawaii Island Prepared by: Daryn Arai, Planning Consultant February 2022 Planning Dept. Exhibit _2 CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or legibly print the requested information) APPLICANT: Dennis Schmitz APPLICANT'S SIGNATURE: DATE: February 12, 2023 ADDRESS: PO Box 56 Ookala, Hawaii 96774 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPALS) INCLUDING NAMES OF MAIN OFFICERS: PHONE-.(Bus.) {Res.) (503) 705-1480 (Fax)dennis@westernstatesconsultants.com LANDOWNER(S): Dennis W. Schmitz LANDOWNER SIGNATURE(S): DATE: February 12, 2023 IMav be bv letter) LANDOWNER(S) ADDRESS: PO Box 56 Ookala, Hawaii 96774 REQUEST: Agricultural-20 acres (A-20a) TO Agricultural-5 acres (A-5a) (Emsting zoning) (Proposed Zonuig) TAX MAP KEY: (3) 3 - 9 -001 : 024 STREET ADDRESS OF PROPERTY: 39-3298 Old Mamalahoa Highway Ookala, Hawaii 96774 SIZE OF PROPERTY OR AFFECTED AREA(S) TO BE REZONED: 20.027 acres AGENT: Daryn Arai ADDRESS: PO Box 4501 Hilo,Hawaii 96720 email: Daryn.Arai@outlook.com TELEPHONE.-(Bus.) 895-3218 (Daryn) (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Applicant COPIES: Agent SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION COUNTY OF HAWAI`I PLANNING COMMISSION (Type or legibly print the requested information) APPLICANT(S): Dennis Schmitz APPLICANT'S SIGNATURE"i ^��' C1 �`� DATE: February 12, 2023 ADDRESS: PO Box 56 Ookala,Hawaii 96774 LIST APPLICANT'S INTEREST (if not owner): PHONE: (Bus.) (Res.) (503) 705-1480 (Entail) dennis@westemstatesconsultants.com REQUEST: Proposed 4-lot agricultural subdivision consisting of lots minimum 5-acres in size along with related subdivision improvements T -X-\IAPKEY: (3) 3-9-001:024 ZON-ING: A-20a SIZE OF PROPERTY AREA OF REQUESTED USE: 20.027 acres 20.027 acres L AN'DOW-T\-ER{S): Dennis W. Schmitz FEE SIMPLE LANDOWNER(S) WRITTEN, AUTHORIZATION t nix. lie pros ided by letter x id-the below statement included i- DATE: 2/12/2023 DATE: AGE\T: Daryn Arai AGENT ADDRESS: PO Box 4501 Hilo, Hawaii 96720 PHONE: (Bus.) 895-3218 (Daryn) (Res.) (Email)Daryn.Arai@outlook.com Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Applicant COPIES: Agent 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? 20.027 b. Into what lot sizes? Min 5 acre 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? 1 year 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? 4 At what approximate price range? House unknown Lot unknown Total unknown Approximately how long, after approval of the subdivision, would the first house be available for occupancy? unknown If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application form. included 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? N/A b. Sell or lease the land to someone who has tentative plans? N/A c. Sell or lease the land to someone who has no plans? N/A d. Keep it? N/A e. Other(please state) P.D.2 5/84 1 f. If you intend to do either a, b or 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. N/A 3. Do you think that your request and your further plans for the land will alleviate the local housing situation? NO How? 4. Are there any buildings on the subject area? YES If so, what kind?Two-story, two-bedroom single family dwelling and barn What do you intend to do with those buildings if your request is approved? Continued use by Applicant as his home 5. Is the subject land currently being used for any agricultural activity? YES If so, please list the kinds of products grown and on how many square feet or acres of land per product. Cattle grazing and various fruit trees such as banana, lime, lemon, orange,tangerine, grapefruit, mango and papaya 6. Was your request to allow for the creation of small agricultural lots? YES If so, did your plan include the following considerations? a. Commodity to be produced? N/A What kinds of commodity? b. Suitability of the proposed lot-size for that commodity? N/A c. Sufficient farm size to allow reasonable chance of success in commercial agriculture? YES 2 d. Agricultural leases or other forms of assurance that potential buyers or leases will would put the subject area into some form of agricultural use? NONE Please state the proposed type of arrangement. 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. N/A If you do not intend to subdivide the subject land for some sort of Agricultural purpose, please state your other reasons. Subdivide to provide opportunities for each lot owner to live on the property and to determine appropriate crops or animals to cultivate 7. To your knowledge, has there been any flooding and/or drainage problem on the subject area? NO If so, please describe the problem. 8. Do you think that the roads leading up to the subject area needs improvements? NO If so, what kind? Is the road adequate for the proposed traffic volume or bad? YES 9. What sort of government 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 3 e. Police Protection X f. Fire Protection X g. Recreational Facilities X h. Public Utilities X i. Other X For those checked "yes", phase elaborate what type or kinds of improvements and/or assistance are needed. r f �l Signature: �ti � Address: PO Sox 56, Ookala, Hawaii 67741 Telephone: (503)-705-1480 Date: February 12, 2023 4 ENVIRONMENTAL REPORT CHANGE OF ZONE & SPECIAL MANAGEMENT AREA USE PERMIT APPLICATIONS Applicant: DENNIS SCHMITZ Tax Map Key: (3) 3-9-001:024 `0`okala and Mano`waiale`e, North Hilo District Hawaii Island Prepared by: Daryn Arai, Planning Consultant February 2022 Table of Contents A. DETAILS OF PROPOSED USE/DEVELOPMENT...............................................................................................1 1. Applicant's Request..........................................................................................................................................1 2. Location of Property.........................................................................................................................................1 3. Statement of Objectives and reasons for the request.....................................................................................3 4. Historical Information.......................................................................................................................................3 5. Proposed Project Details..................................................................................................................................4 6. Timeframe and cost........................................................................................................................................10 B. LAND USE AND OTHER REGULATORY CONSIDERATIONS.............................................................................10 7. State Land Use Designation............................................................................................................................10 8. Current County Zoning...................................................................................................................................10 9. General Plan Land Use Pattern Allocation Guide(LUPAG) Map: ...................................................................11 10. Hamakua Community Development Plan ......................................................................................................12 11. Coastal Zone Management, HRS, Chapter 205A............................................................................................13 12. Special Management Area (SMA)...................................................................................................................14 C. DESCRIPTION OF PROPERTY AND SURROUNDING AREA..............................................................................14 13. Project Site .....................................................................................................................................................14 14. Surrounding Zoning/Land Uses......................................................................................................................15 15. ALISH: Prime Lands........................................................................................................................................15 16. Land Study Bureau's Detailed Land Classification System..............................................................................15 17. US Soil Survey.................................................................................................................................................16 18. FIRM ...............................................................................................................................................................16 19. Flora/Fauna Resources...................................................................................................................................16 20. Archaeological Resources...............................................................................................................................16 21. Native Hawaiian Gathering Rights..................................................................................................................16 22. Public Access...................................................................................................................................................17 D. PUBLIC UTILITIES AND SERVICES..................................................................................................................17 23. Access.............................................................................................................................................................17 24. Traffic..............................................................................................................................................................18 25. Water..............................................................................................................................................................18 26. Wastewater....................................................................................................................................................18 28. Essential Utilities and Services .......................................................................................................................18 29. Public Safety...................................................................................................................................................19 E. REGULATORY ANALYSIS...............................................................................................................................19 30. Hawai`i County General Plan..........................................................................................................................19 31. Public Services and Utilities and Concurrency Analysis..................................................................................20 32. Hamakua Community Development Plan ......................................................................................................22 33. Coastal Zone Management.............................................................................................................................25 34. Anticipated effects upon the Special Management Area...............................................................................26 F. OBJECTIVES AND POLICIES OF CHAPTER 205A AND SMA GUIDELINES.........................................................28 G. CONCLUSION...............................................................................................................................................30 COUNTY ENVIRONMENTAL REPORT IN SUPPORT OF CHANGE OF ZONE and SPECIAL MANAGEMENT AREA (SMA) USE PERMIT APPLICATION FOR DENNIS SCHMITZ Affecting Tax Map Key: (3) 3-9-001:024; `O`okala, Mano`waiale`e, North Hilo A. DETAILS OF PROPOSED USE/ DEVELOPMENT 1. Applicant's Request Landowner Dennis Schmitz ("Applicant") is requesting a change of zone for a 20.027- acre parcel from an Agricultural-20 acres (A-20a) to an Agricultural-5 acre (A-5a) zoning district in support of a proposed 4-lot subdivision with lot sizes at least 5 acres in size. A Special Management Area (SMA) Use Permit is also being sought to support this proposed development within County's SMA. 2. Location of Property The subject property is situated along the coastal section of `O`okala Village in the North Hilo District, which is located approximately 29 miles north of the City of Hilo along State Highway 19 (Hwy 19). From Hwy 19, the Old Mamalahoa Highway and a private road provides access through `O`okala Village to the subject property that resides nearby to the east of the former `O`okala Sugar Mill, as shown below on Figure 1-Vicinity Map and Figure 2-Section of Tax Map below. SUBJECT PROPERTY Farmer 0'9k*Mill a w 11, TM ar YO WAVMEA TD Figure 1 - Location Map 1 Page JJ mod" o get W r 1yV II � 41 i � { iL r ,-.�b�i �nJ `--- ... yak .� %40. .,.... t ao 00 4 � �I rop ow n IAl � `w �r. � ems.► <�r' O rr lJ , 5"e� ME irC%�S�fTCO w p - "'o w _ Figure 2—Section of Tax Map 2 Page 3. Statement of Objectives and reasons for the reauest The requested change of zone to an A-5a zoning district and a SMA Use Permit will support the development of a proposed 4-lot subdivision with lots at least 5 acres in size, as conceptually shown on Figure 3— Preliminary Subdivision Plat as shown below. When Dean and Dorothy Schmitz (Schmitz) purchased the property back in 1996, it was their intention to divide the land to allow family members the opportunity to buy the lots and build affordable homes. The Schmitz established early on an agreement to allow access by the Kenneth Bugado, Sr. family for grazing cattle upon the subject property. The subject property has been utilized for the cultivation of a small orchard in addition to cattle grazing over the past 20 years. The conveyance of the subject property in 2020 to the Schmitz' son, the Applicant, now allows for an opportunity for the Applicant to follow his parents vision and practices by continuing and expanding the grazing, orchard and crop activities by subdividing the subject property to allow for more intense farming by the individual family members. Without constant attention and effort, the cane grass and other grass species that currently inhabit the subject property tend to completely take over the land, increasing the potential of fire danger for the entire `O`okala village area, as this area recently experienced. As previously mentioned, it is also the intention of the Applicant to give other family members the opportunity to buy smaller lots and build affordable homes as envisioned by his Parents. 4. Historical Information a. February 1. 1996 -State Land Use District Boundary Interpretation confirming subject property maintains lands within the State Land Use Conservation District along the top of pali with the remainder in the Agricultural District. (see Figure 4 and Exhibit A— Boundary Interpretation No. 96-02) b. August 7. 1996— Deed and grant of easements from Hamakua Sugar Company, Inc. to R. Dean and Dorothy Schmitz, co-trustees of the R. Dean and Dorothy Schmitz Joint Trust, and parents of the Applicant. (see Exhibit B—Trustee's Deed and Grant of Easements) c. January 27, 1998— Building Permit No. 980109 issued for the construction of a two- story, two-bedroom single family dwelling on the subject property, which was subsequently completed. d. November 25, 2020—Quitclaim Deed conveying title of subject property from R. Dean and Dorothy Schmitz Joint Trust to the Applicant, Dennis Schmitz. (see Exhibit C—Quitclaim Deed) e. January 14, 2022—Certified shoreline survey delineating the shoreline of the subject property accepted by the Board of Land and Natural Resources. (see Figure 5— Certified Shoreline Survey) 3 Page f. October 3. 2022—State Land Use District Boundary Interpretation confirming subject property entirely within the State Land Use Agricultural District. (see Figure 6 and Exhibit D —Boundary Interpretation No. 2022-02) 5. Proposed Project Details (see Figure 3—Preliminary Subdivision Plat) a. 4-lot subdivision with lots at least 5 acres in size. b. Primary access from Old Mamalahoa Highway to the proposed subdivision will be provided by a series of existing minimum 50-foot wide former sugar cane haul roads that crisscross lands between the Old Mamalahoa Highway and the subject property. These adjoining lands (Parcels 23 and 31) were subject to a recent change of zone to the FA-1a zoning district (PL-REZ-2022-000018-Cardoza)to support a proposed 7-lot subdivision, which will include the necessary access and utility easements to support the Applicant's proposed subdivision. c. Existing access to the subject property is provided via a series of 40-foot wide access and utility easements between the Old Mamalahoa Highway and the subject property as further described in Exhibit A and color-coded below in Figure 7— Existing Access and Utility Easements. Due to its narrow width, most of these existing access and utility easements will not be utilized except for a small segment within Easement 1 that will be supplemented with a 10-foot wide access and utility easement in order to provide a combined 50-foot wide access and utility corridor that will be constructed to County agricultural standards. The former cane haul roads on the adjoining properties that will provide the primary access to the proposed subdivision are constructed to standards far exceeding the County's agricultural roadway standards in order to support the weight of the cane haul trucks and other large and heavy plantation equipment. d. The Applicant has been coordinating with the mauka adjoining neighbor, Leonard Cardoza, to coordinate access and utility improvements between the two project areas. More specifically, in addition to the existing access and utility easements highlighted in Figure 7— Existing Access and Utility Easements, the Applicant, in coordination with his mauka neighbor, will provide the following access and utility easements as shown on Figure 3— Preliminary Subdivision Plat: i. Access and Utility Easement 5 —50 feet wide, extending across Parcel 23 and 31 (Cardoza) along with a 10-foot wide section along existing 40-foot wide Easement 1. ii. Access and Utility Easement 6—50 feet wide, extending along the length of Parcel 31 (Moonlight Road), and fronting each of the lots within the proposed 4-lot subdivision. 4 Page �� .. . J q \ wm, § w & [ / \ : ; 1 { / !§\_ § c a )[ ! ( \ ; { » \ . ) } � ) \ , \ { g \ f $ g A �\ a | d /R LL ) �^ g\ 3: ( LL / \ ) CD ] )S - 4] . \ ■, e & _ ƒ k \ U \ / ƒ R \ \] { cc / a% A f ± 0 \\ )))) to / CO q \)2 � � 0 ~,5 Figure B— Preliminary Subdivision Plat 5 | Page Y ZIP Y It fir°�i � � Y �-�'�� _ a ..•.. �. a 0Jill I w Nq CD ,+ w t 1 �- i � w Figure 4— Boundary Interpretation No. 96-02 6 Page �,y _ r pA o € - �Uc� o$.- 2 �x0.a Q Yzy 4 o� i$ F t ant Lurd d Manawav 1 w nd of bokeVc -Aire of 1dAlA.CA 1 �.t33 � L � ns of G�mRe^t�C(ag+'je�led on�7Gtebae i r {yl flaoY� d� I f �6 J ff1 I 11 I I k H I C p � _ 49976bi u' 1 �4 i I y e c d g _ Figure 5 —Certified Shoreline Survey 7 Page nrmr�e do 31r�s �d •� �i'4 a 4 d' ,, z g x S �xs5a < a e E o s a Worn 14 wd 4pmwn}lo"d the pB"p i2021 \ 3 s V�memm P,°d0.��td lr°�pc�l°hser 20, *s1 •tn3'5��2 �` o ,\t paUa" SOD— y5� W*zrf I—./rJr 616p 'SZ r r� _aoA I i� /! 1 "c `s 15i L I w S �6 zj 7 m o N 'MO. N i t r e o-E o 5R 5�7Jb � 1 Vt\ O 550;6 C ti ry� r y 5t � \� 1Pe¢�'s \ •� '29• W U �z 9g _ 1 zo-zz 'ON NOLLA IV I ARd2iAlM a XUVICI �'10S W �ry Figure 6— Boundary Interpretation No. 2022-02 8 Page .4h � RIK N TrIK, 3-9-01:24 161 C I� 305'I9'35" 43,11' , \� 177'33'79' 6630' 178'031011 44.31' 0' E..-L A%Ira'..d., �I For ^"^-.•and Ucrllly n1iF"c Ee.m V ?APAO leaf•tdal / \ end UtIhly Po".e. f f '� 179'D3'58" 138b8' mE' F6�}� nV fs QI6 Ir i7I'2d'38" 4-0 � '/ %D 31 N!!I f/ i /�/,�47 _ j/�� ►.{yam 42. / dF r i / r 71K 3-9-01:23 n u g f �7 Being a a portion of Grant 246% L} �" to Han--hone and Kaawapuuole. Saing also carleolldated FZallroad Lot* 162) and i61 E ' 51LUated at Ockza a,1"larowalolee,tdorl.h Ilo, Hauall m ! T'rT< 3.9•P>I:2�5, 23;4,21 and 31 a �2 GeA da wwww ill ye t `ra cis Sor+.'n 'va. Figure 7— Existing Access and Utility Easements 9 Page 6. Timeframe and cost Should the requested A-5a zoning be approved, the Applicant will be prepared to submit a subdivision application to the Planning Department within a period of one year. Upon the issuance of tentative subdivision approval, the Applicant anticipates that the design and construction of required subdivision-related improvements will take about 3 years. Anticipated site development and infrastructure systems will be somewhere around $200,000. B. LAND USE AND OTHER REGULATORY CONSIDERATIONS 7. State Land Use Designation: Agricultural. The project site is situated within the State Land Use Agricultural District, which includes lands for the cultivation of crops, aquaculture, raising livestock, wind energy facility, timber cultivation, agriculture-support activities (i.e., mills, employee quarters, etc.) and land with significant potential for agriculture uses. Uses permitted in the highest productivity agricultural categories are governed by statute. Uses in the lower- productivity categories—C, D, E or U —were established by the Land Use Commission to include those uses allowed on A or B lands as well as those stated under Section 205- 4.5, Hawaii Revised Statutes. (see Figure 8—State Land Use Designation) t L-_ Figure 8—State Land Use Designation 8. Current County Zoning:Agricultural-20 acres minimum lot size (A-20a) The Agricultural (A) zoning 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. In the case of the A-20a zoning district, it defines a 10 Page minimum lot size of 20 acres (see Figure 9 -Current Zoning). The concurrency provision of Section 25-2-46 of the Hawaii County Zoning Code establishes standards for roads, water supply, and civil defense sirens that must be met and/or addressed as part of all rezoning applications. Suffice to say, the request is consistent with these standards and will be discussed in detail relative to the water, traffic, and public safety portions of this report. FA-l. M1a N ` ` R616 U Figure 9—Current Zoning 9. General Plan Land Use Pattern Allocation Guide KUPAGI Map: The County of Hawai'i General Plan is the policy document for the long-range comprehensive development of the island of Hawai'i. The General Plan Land Use Pattern Allocation Guide (LUPAG) map, as shown on Figure 10 - LUPAG Map, classifies the subject property for Industrial (gray) and Low Density Urban (yellow), Urban Expansion (hatch) and Open (green) uses as an expansion of `O`okala Village and the former `O`okala Mill site with Open lands correlating with the previous interpretation of the Conservation District inland and along the pali. The 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 such as Geographic Information System (GIS), the LUPAG map has been digitized into measurable patterns. Therefore, a LUPAG Map interpretation by the Planning Director dated February 9, 2023 (Exhibit E) was secured which declares the entire property as Urban Expansion, which allows for a mix of high density, medium density, low density, industrial, industrial-commercial and/or open designations in areas where new 11 Page settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. 6d t 1 � y 4~t' Figure 10—General Plan LUPAG Map 10. Hamakua Community Development Plan Adopted in 2018, the Hamakua Community Development Plan (HCDP) was developed with a 20-year time horizon with a planning area that included the subject property and the judicial districts of Hamakua and North Hilo, and a portion of the South Hilo district commonly referred to as Rural South Hilo. The HCDP Revised Land Use Guide Map designates the majority of the subject property as Important Ag lands, with a strip of Open Area along the pali as shown in Figure 11-H5m5kua CDP Land Use Guide Map below. The requested A-5a zoning would be consistent with the Hamakua Community Development Plan's Revised Land Use Guide Map for `0`5kala, with the understanding that the designated Open Area, along with its tandem State Land Use Conservation District, is actually located makai of the subject property as confirmed by Boundary Interpretation No. 2022-02. 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 12 ) age Community Development Plan and the General Plan, the General Plan shall be controlling." As discussed above, the General Plan and the HCDP are not graphically in alignment as the General Plan, as interpreted by the Planning Director, looks towards the expansion of urban uses upon the subject property which the HCDP identifies these same lands as Important Ag Land with a strip of Open Area along the coastline. However, the Applicant would be inclined to argue that the proposed change of zone to the A-5a zoning district is fundamentally in alignment as the HCDP was charged with "translating"the broad General Plan statements to specific actions as they apply to specific geographical areas, such as this particular section of `O`okala village. More relevant weight should be given to the guidance offered by the Hamakua Community Development Plan, adopted in 2018, than the General Plan, which was last amended in 2005. FiJim.Aim CDP Rr%i,rd I iml L Ne Guide Map fm O ukah _oArea Fco: 0 250 500 1,000 1,500 2.000 e�A • r � Iy HUKX �k Figure 11— Hamakua CDP Land Use Guide Map 11. Coastal Zone Zone Management, 205AHRS, Chapter 205A The entire State of Hawai'i lies within the Coastal Zone Management area. The intent of the Coastal Zone Management Program is to guide and regulate public and private uses in the coastal zone management area with respect to recreational resources, historic resources, public access to the shoreline, scenic and open space resources, coastal ecosystems, marine resources, economic uses, coastal hazards, managing development, public participation, and beach protection. 13 1 Page 12. Special Management Area (SMA) The Special Management Area is a part of the Coastal Zone Management Program that is regulated by the County, established to promote the State's policy to preserve, protect, and where possible, to restore the natural resources of the coastal zone of Hawai'i. Therefore, special controls on development within the area along the shoreline are necessary to avoid permanent loss of valuable resources and the foreclosure of management options, and to ensure that adequate public access is provided to public- owned or used beaches, recreation areas, and natural reserves, by dedication or other means. The subject property is situated within the SMA, and therefore its objectives and policies as it relates to the proposed project will be discussed within this environmental report. C. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 13. Pro(ect Site The 20.027-acre property (see Figure 12 -Aerial Site Map) was historically cultivated in sugarcane beginning in the 1860s as part of the former `O`okala Sugar Mill complex, then part of the Hamakua Sugar Company, until title was transferred to the Applicant's parents in August 1996. The subject property is a coastal-fronting piece of land that resides approximately 210 feet above the shoreline overlooking the Pacific Ocean. Within the western portion of the property resides a private two-story residence and a shop with groomed grounds and landscaping that is enclosed by a fence along with many fruit trees (banana, lime, lemon, orange, tangerine, grapefruit, mango and papaya). There is a barn with fenced pasture land, primarily consisting of guinea grass, which is currently being used to graze cattle for fire hazard mitigation. As mentioned earlier, the subject property is accessed from the Old Mamalahoa Highway via a private road and also shares an access and utility easement with the adjacent 9.694-acre property to the west (Parcel 5) that is zoned for Industrial uses. Alaialoa Gulch forms the eastern boundary of the subject property, with Moonlight Road forming its southern boundary. There are ironwood and palm trees growing close to the coastal pali section of the subject property. 14 Page G «.r i JAN a ecthe dwrdl.u.aaf JAN 14 PO 1 - 3 3 .rT .ro� 3 or FAFC�_2A OF gyp. oJ. s 5 1 I A HAP KEY F 6gMT I TOAN - PpR"2 OF SRANP 74E' PC�Arri-HAry'F.AN7 KiApyy�,�IP,vlp�[ 51N,A1'E WO'OK11-1 NORPW FLO, 15_pP1[)OFF`WA'.I,Ko"11 C h #aMesx' lI:S- Sliwnrey Reuc n.q".arYf�. `. MNeA C Rte 64Q 97151 eW, 1!-)P LI41L.BtlF�3.W06R1t1'A6LA5.NGiIR.NW�W i! _. ... Figure 12—Aerial Site Map 14. Surrounding Zoning/Land Uses The subject property resides within the village of `O`okala, a plantation community established around the Ookala Sugar Company that formed around the 1860s, before its eventual merger with the larger Kawiki Sugar Company in 1909. The project site is located makai of the residential areas of Milo Village and northwest of Kukui Camp Subdivision, both of which are zoned as single family residential (RS-10). Lands immediately mauka (south) were rezoned to the FA-1a zoning district in late 2022 in support of a proposed Not subdivision. Immediately adjacent to the west is the former `O`okala Mill site, comprising in excess of 40 acres of general industrial (MG-1a) zoned lands. Remaining lands adjacent to the east are zoned for agricultural (A-20a) uses. 15. ALISH: Prime Lands The subject property is classified as Prime Lands according to the Agricultural Lands of Importance to the State of Hawaii, due to its past cultivation in sugar as part of the Ookala Sugar Company and Kawiki Sugar Company. 16. Land Study Bureau's Detailed Land Classification System: "B" or "Very Good" The majority of soils within the mauka section of the subject property are classified as "B" or "Very Good" for agricultural productivity, again, due to its past association with 15 Page sugar cultivation. Portions of the property that runs along and within the Alaialoa Gulch and within 200 feet of the coastal pali carries an "E" or"Very Poor" classification for agricultural productivity. 17. US Soil Survey: Ookala medial silty clay loam.0-35 percent slopes (OoC. OCD. OoE) These soils consist of well-drained, silty clay loams that formed in volcanic ash. This type of soil is used for sugarcane. In a representative profile, the surface layer is dark reddish-brown silty clay loam about 12 inches thick. The subsoil is dark-brown, partly weathered A`a lava fragments. This soil dehydrates irreversibly in to fine sand-sized aggregates. The permeability of this soil type is moderately rapid, runoff is slow to rapid depending on slope, and the erosion hazard is slight to severe also dependent on slope. 18. FIRM: Zone X The entire project site is designed within Zone "X" - determined to be outside the 500- year flood plain. The Alaialoa Gulch runs along the project site's eastern boundary and will not be altered as part of the proposed subdivision development. The subject property is not subject to coastal flooding nor impacts due to sea level rise due to its elevation in excess of 200 feet above mean sea level. 19. Flora/Fauna Resources No professional flora or faunal surveys were conducted of the site due to its extensively altered condition due to its former use as sugarcane land and its current use as a single family homesite and for pasturage with a mixed landcover of Hilo and kikuyu grasses. Introduced bird species, such as dove,Japanese white-eye, House finch, and Myna are common and expected within the area. Domestic animals such as dogs and cats are common, as well as invasives such as rats and mongoose can be expected. The subject property is generally void of large trees, except along the pali and within the Alaialoa Gulch. Therefore, endemic species like the Hawaiian Petrel and Newells's shearwater is not expected, although the Hawaiian hawk (i`o) and owl (pueo) may forage in this area. The area within Alaiaola Gulch will not be disturbed as part of the proposed subdivision improvements. 20. Archaeological Resources No professional archaeological survey was conducted on the project site due to its past cultivation in sugarcane and its continuing use as a homesite and for agricultural purposes. For these reasons, no archaeological features are known or expected to exist on the subject property. The State Historic Preservation Division will be notified and all work shall immediately cease should inadvertent discovery of any archaeological feature be encountered during development of the proposed subdivision. 21. Native Hawaiian Gathering Rights According to the Applicant, there are no known customary or Native Hawaiian cultural rights exercised within the subject property. The Hawaii State Supreme Court's "PASH" and "Ka Pa` akai 0 Ka` Aina" decisions require decision-makers to consider a project's impact to native Hawaiian gathering and fishing rights. Specifically, there must be a 16 age discussion of the cultural, historical, and natural resources and associated traditional and customary practices of this site and the impact of this project to these resources and practices. The makai boundary of the subject property is defined as a certified shoreline that is physically defined by an approximately 200-foot tall pali. The subject property itself is not known as providing direct access to the coastal waters due to the tall and sheer pali that defines the makai boundary. The Applicant is aware that people may navigate along the eastern boundary of the subject property that partially resides within the Alaialoa Gulch to access coastal areas beyond the subject property for fishing. The area within the Alaialoa Gulch will not be altered as part of the proposed subdivision improvements. While the Applicant cannot condone traversing the Alaialoa Gulch as a means of shoreline access or as a potential natural resource associated with cultural practices due to its dangerous topography, the mere fact that this gulch will not be developed or altered in any way will ensure that any potential native Hawaiian gathering rights will not be adversely affected by the requested rezoning and the proposed 4-lot subdivision. Furthermore, as noted earlier, most of the subject property has been cleared of its native vegetation due to past sugarcane cultivation and its development as a homesite. Therefore, it would appear very unlikely that the subject property serves as a place for worship or plant/food gathering for native Hawaiians today and/or in the recent past. Given the above, it can be reasonably be concluded that the proposed project should have no significantly adverse impact affecting native Hawaiian cultural and historical resources and/or practices which cannot be reasonably mitigated. 22. Public Access There is no record of a designated public access to the shoreline or mountain areas that traverses through the project site. As mentioned earlier, individuals may navigate their way within Alaialoa Gulch to make their way down to the coastline, but due to the steep existing topography within the gulch, the Applicant will retain the gulch in its natural state and not disturb the gulch as part of this proposed subdivision action. D. PUBLIC UTILITIES AND SERVICES 23. Access The proposed 4-lot subdivision will be serviced by existing and proposed roadways, both County-owned and maintained as well as private agricultural-standard roadways. The Old Mamalahoa Highway, a County-owned and maintained road having a pavement width of 20 feet within a 50-foot wide right-of-way, will provide primary access to the project site area through `O`okala village. From the Old Mamalahoa Highway, secondary access to the subject property will be provided by a series of 50-foot wide private agricultural-standard roadways previously used as cane haul roads or to be constructed by the Applicant as depicted in Figure 3— Preliminary Subdivision Plat. These former cane haul roads have pavement widths of at least 20 feet, with portions covered by overgrown vegetation, which will be removed to ensure that a minimum agricultural-standard pavement width and shoulders are provided. Only a relatively 17 Page small segment within the existing 40-foot wide easement (Easement 1) and adjoining 10-foot road widening will be improved to a full 20-foot wide agricultural pavement. The Applicant is working with the adjoining landowner to secure the necessary access and utility easements through the mauka lands and to coordinate its construction to County-dedicable standards. 24. Traffic Section 25-2-46(d)(1) of the concurrency provision requires a Traffic Impact Analysis Report (TZAR) as part of any rezoning application in situations where the projected use can generate 50 or more peak hour trips. Given the small scale and scope of the project, a TIAR was not performed as the project does not invoke the County's concurrency requirements. According to the Institute of Transportation Engineers Common Trip Generation Rates, a proposed 4-lot subdivision is expected to generate about 4 peak hour vehicle trips, well below the 50 peak hour trip benchmark. 25. Water County water can be made available to the subject property via an existing 6-inch waterline located within the Old Mamalahoa Highway right-of-way. Discussions with the Department of Water Supply confirms that a maximum of 7 units of water can be allocated to the project site in support of the proposed 4-lot subdivision when taking General Plan land use policies into account. If required by the Department of Water Supply, a fire hydrant will be installed provided that the existing 6-inch waterline can manage the required fire flow. The Applicant will coordinate with the DWS during the subdivision process to ensure that water and fire flow requirements are met. This water allocation policy is similar to that afforded to the immediately adjoining properties that were recently rezoned to the FA-1a district in support of a proposed 7 lot subdivision. 26. Wastewater There is no municipal sewer system in the `O`okala area. An Individual septic system is proposed for each lot as part of the construction of individual dwellings or agricultural- related structures. 27. Solid Waste Solid waste will be handled through commercial haulers or disposal by the landowner into authorized landfill sites or transfer stations. The nearest transfer stations are located in Honoka`a, about 12 miles north or in Honomu, about 16 miles to the south of the project site. 28. Essential Utilities and Services Other utilities, such as electrical and telephone services, are available to the subject property to support the proposed subdivision. The closest medical facility is in Honoka`a, about 12 miles north of the project site. 18 age 29. Public Safety Police and fire responders are located in nearby Laupahoehoe, about 5 miles to the south. A Civil Defense siren (HA 304) is situated approximately 1,000 feet to the southwest of the project site along the Old Mamalahoa Highway. While the County's concurrency requirements regarding Civil Defense sirens do not apply to the project as it is not proposing commercial or industrial activities equal to or greater than 35,000 square feet of gross floor area or introducing more than 24 residential units [Section 25- 2-46(o), Hawai'i County Code], the subject property is within the coverage area of this existing siren. While a Civil Defense siren is an effective means of providing warning of pending harm, the County of Hawai'i does allow residents and visitors to sign up with their Emergency Notification System (ENS) that provides voice, email and text alert notifications about emergency situations within the County. E. REGULATORY ANALYSIS 30. Hawai'i County General Plan In order to consider an area for any type of zoning designation, the applicable goals, policies and standards of the General Plan must be adequately addressed. It is only through a comprehensive policy analysis approach that evaluations and decisions can be made to better time or stage developments to achieve quality growth. The implications of these evaluations and decisions must also be considered as they may have an impact on other similar areas in the County. Land use is one of the principal focal points of public concern and policy. The Land Use Element of the General Plan provides the primary basis for direct control and guidance of publicly and privately owned resources. It is also intended to be used as a policy guide for the coordinated growth and development of all sectors of the County. It sets forth goals, policies, standards and courses of action to accommodate growth without congestion, to designate and preserve the lands needed for residential use, commercial and visitor services, industry, agriculture and open space, and to coordinate these uses with the County's service and circulation systems. The overall Land Use goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the island's residents. In addition to its goals, policies and standards, the General Plan also includes the Land Use Pattern Allocation Guide (LUPAG) Map, which is a graphic representation of the document's goals and policies to guide the coordinated growth and development of all sectors of the County by presenting a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non- urban form for areas within the County. The LUPAG map, as interpreted by the Planning Director, classifies the subject property for Urban Expansion uses. As discussed in Section B(9) of this report, the plantation history of the `O`okala area guided the "broad-brushed" LUPAG map 19 Page designations. With the demise of the sugar plantation, it would more reasonable to accept the fact that the LUPAG map is no longer relevant and appropriate when defining the most appropriate land use pattern for this section of `O`okala village. This realization should encourage decision-makers to look elsewhere for guidance, such as the Hamakua Community Development Plan (HCDP), which designates the subject property as "Important Ag. Lands". 31. Public Services and Utilities and Concurrency Analysis Access to the proposed 4-lot subdivision will be serviced by existing and proposed roadways, both County-owned and maintained as well as private agricultural- standard roadways. The Old Mamalahoa Highway, a County-owned and maintained road having a pavement width of 20 feet within a 50-foot wide right-of-way, provides primary access to the subject area. Access from the highway to the subject property will be provided by a series of 50-foot wide agricultural-standard roadways primarily located within the adjoining Parcel 23 and the former Moonlight Road alignment, all of which will maintain a minimum pavement width of 20 feet. The Applicant has been coordinating with the adjoining landowner of Parcel 23 and Moonlight Road to secure the necessary access and utility easements to service the Applicant's proposed 4-lot agricultural subdivision. The Applicant has no objection to a condition withholding the issuance of Final Subdivision Approval for the proposed 4-lot subdivision until the adjoining properties have secured Final Subdivision Approval for the proposed Not subdivision, thereby assuring complaint access and utility services to the subject property. According to the Institute of Transportation Engineers Common Trip Generation Rates, the proposed 4-lot subdivision will generate around 4 vehicle trips during the AM or PM peak hour, and therefore should not have a significant adverse impact to traffic along the Old Mamalahoa Highway or its intersection with State Highway 19. County water can be made available to support the proposed subdivision via a 6-inch water line located within the Old Mamalahoa Highway, capable of supporting a total of 4-units of water at 400 gallons per day for each unit, more than adequate to support any residential or limited agricultural opportunities that will be available on these minimum 5-acre sized lots. The Applicant will agree to a condition that would prohibit the issuance of any variance from the minimum water standards of the Subdivision Code, thereby ensuring the availability of County water to the subdivision land within the Project Site. Wastewater disposal will be accommodated on-site via individual septic systems that will conform to State Department of Health standards. The town of `O`okala is not serviced by a municipal wastewater treatment system. An emergency warning (civil defense) siren is located approximately 1,000 feet to the southwest of the subject property along the Old Mamalahoa Highway, well within 20 Page its effective coverage envelope, in satisfaction of Section 25-2-46(o) of the Zoning Code regarding Concurrency Requirements. As the property is gently sloping towards the ocean and previously cultivated in sugar cane, there are no severe geological or topographical problems within the project site that cannot be properly rectified or which would render the land unusable for its intended purpose as an agricultural subdivision. The eastern portion of the project site is bordered by Alaialoa Gulch, which will not be improved as part of the proposed subdivision, and will remain as a natural feature within those proposed lot(s) it borders. According to the Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency Management Agency (FEMA), the subject area is within Zone X, an area determined to be outside the 500-year flood plain. The project site is also located outside of any coastal flooding zone or tsunami evacuation area. Therefore, for the reasons stated above, approval of this change of zone request will conform to the following goals, policies and standards of the Land Use Element of the General Plan: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County. • Allocate appropriate requested zoning in accordance with the existing or projected needs of neighborhood, community, region and County. • 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 Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access, and public need. More specifically, approval of this request will also conform to the following relevant goals and policy regarding the Agricultural component of the Land Use Element: Goals • Identify, protect and maintain important agriculture lands on the island of Hawaii. • Preserve the agricultural character of the island Policies • Designate, protect and maintain important agricultural lands from urban encroachment. • Ensure that development of important agricultural land be primarily for agricultural use. • Important agricultural lands shall not be rezoned to parcels too small to support economically viable farming units 21 Page 32. Hamakua Community Development Plan Relative to the Hamakua Community Development Plan ("HCDP"), 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." Adopted in 2018, the Hamakua Community Development Plan was developed with a 20-year time horizon with a planning area that included the project site and the judicial districts of Hamakua and North Hilo, and a portion of the South Hilo district commonly referred to as Rural South Hilo. The Revised Land Use Guide Map designates the project site as "Important Ag. Lands". Therefore, the requested A-5a zoning would be consistent with the Hamakua Community Development Plan's Revised Land Use Guide Map for `0`5kala. It should be noted that the HCDP does also express the following relevant general policies and objectives for land use and settlement patterns within the entire 1,011-square mile planning area: • to reduce rural sprawl and infrastructure costs, it focuses future residential development in existing villages and towns and seeks to preserve large productive agricultural lands for agriculture by accommodating rural-residential development close to these urban centers; • Protect and restore viable agricultural lands and resources. Protect and enhance viewscapes and open spaces that exemplify Hamakua' s rural character. The Applicant's request for A-5a zoning in support of a proposed 4-lot agricultural subdivision is aligned with these policies and objectives. While previously cultivated in sugar and planned for expansion of industrial and related support activities as part of the former `O`okala Sugar Mill operations, such urban expansion is no longer needed and warranted. As the subject property resides upon the top of a 200+-foot tall pali and makai of existing rural and residential-zoned lands, and the good quality of its soils as evidenced by past and current agricultural activities, it makes good sense to manage these lands in a way that provides additional agricultural opportunities to individuals as corporate agricultural activities are no longer prevalent within the area. 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 22 Page (employment, industry, business development, small town revitalization, agriculture, tourism). • Relative to 'Aina, there were three (3) specific objectives. o 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 known or recognized mauka/makai access. As such, the project does not affect this objective. o Objective 2: Protect and restore viable agricultural lands and resources. Protect and enhance viewscapes and open spaces that exemplify Hamakua's rural character. The proposed agricultural subdivision will continue to provide agricultural opportunities and optimize the use of its good quality soils, all the while managing the coastal viewscapes due to its very low density of only 4 lots spread across 20 acres of land. o Objective 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: o 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 proposed 4-lot agricultural subdivision will blend in with the surrounding former plantation community of `0`5kala, with homes in the nearby Milo, Kukui Camp and Niu Villages having much smaller lot sizes. The agricultural opportunities to be afforded by rezoning of this property to A-5a will enhance the rural character of `O`okala. o 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. 23 Page While the subject property is not within existing "town", it is proximate to a number of existing plantation camps as mentioned above. It is more of an extension of agricultural lands in an area that was meant to accommodate the expansion of industrial and related support activities once associated with the former sugar mill operations. o 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 not compromise the existing community infrastructure. The project will provide opportunities for an agricultural and rural lifestyle that will, in turn, help to preserve the rural fabric of this community. o Objective 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) objectives. o Objective 8: "Promote, preserve and enhance a diverse, sustainable, local economy." o Objective 9: "Encourage the increase and diversity of employment and living options for residents, including living wage jobs and entrepreneurial opportunities that allow 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, proximate to areas of service and employment. This project aims to promote agricultural use of prime agricultural lands, with the goal of living and farming on the same land, which offers the best combination living and working opportunities. o Objective 10: Revitalize retail, service, dining, and entertainment centers that complement the community's rural character and culture. This objective is not applicable. 24 Page o Objective 11: Enhance and promote local and sustainable agriculture, farming, ranching, renewable energy, and related economic support systems. With its emphasis on promoting agriculture on a smaller and more- manageable scale, the project will fulfill this objective. o Objective 12: Preserve traditional subsistence practices and encourages a reciprocity(e.g., bartering) economy as a sustainable complement to Hamakua's resource-based economy. The proposed subdivision seeks to maintain the current agricultural lifestyle within the subject property, although at a smaller-scale rather than commercial-scale agricultural operations. Smaller farms mean greater opportunities in promoting a reciprocity economy. o Objective 13: Promote appropriate rural tourism that welcomes guests for an alternative visitor experience.... " Not applicable to this project as it is focused on promoting a agricultural and residential lifestyle, rather than simply a visitor experience. In light the above, it is maintained that the Applicant's request is consistent with an implement the objectives of the HCDP. The Applicant feels that proposed 4-lot agricultural subdivision will fit in well by maintaining larger lots along the coastal pali sections of historic `O`okala village and defining the extent of the urban growth boundary around the village and optimizing the agricultural potential of these lands, as it was historically. 33. Coastal Zone Management This change of zone request, if approved, will not be contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management nor the guidelines for approval of an SMA Use Permit as prescribed by Planning Commission Rule No. 9 regarding the Special Management Area. The subject property is situated within the Special Management Area with direct frontage along the coastline pali. Due to the height of this coastal pali of at least 200 feet above mean sea level, the property is not subject to any coastal hazard nor anticipated to have any adverse impact upon coastal resources such as coastal recreational and marine resources, coastal ecosystems or the public use and recreational use of any beach. With the top of 200-foot tall pali designated as the certified shoreline, a 40-foot wide shoreline setback is established that will manage all 25 Page structures and land use activities within this setback area that will ensure that coastal processes and resources are protected. The eastern boundary of the project site is bordered by Alaialoa Gulch, which will be preserved in its current and natural state. This should ensure that development of the proposed 4-lot subdivision will not directly and adversely affect Alaialoa Gulch and in turn, the coastal waters fronting `O`okala. As the site has been previously cleared and historically utilized for sugar cane production over many decades, and more recently as a homesite accompanied by a managed orchard and cattle pasturage, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. That portion of the subject property that resides within the Alaialoa Gulch will not be altered as part of the proposed subdivision improvements, thereby eliminating any adverse effects of the project upon any potential natural resource associated with cultural practices that may exist within the gulch. Through this rezoning, the Applicant hopes to create a total of 4 agricultural lots configured to provide manageable agricultural and better economic opportunities for individuals wishing to pursue smaller scale agricultural activities while living in a rural setting that typifies the character of'O'okala. This request is supportive of the County's efforts towards managing development through both the General Plan and the HCDP. 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. 34. Anticipated effects upon the Special Management Area a. Relationship of proposed action to land use plans, policies and control The requested zoning of A-5a will not be contrary to the General Plan, State Land Use District boundaries, Hamakua Community Development Plan as discussed within Section E(30) and E(32) above. The effective change of the requested zoning will allow for the subdivision of the approximately 20-acre property into four 5-acre sized lots that will continue to promote agricultural opportunities, albeit at a smaller scale. While the General Plan suggest these lands for urban expansion uses, the absence of plantation-scale agriculture and the need for supporting urban uses no longer exists, which explains the current classification of the subject property as Important Ag Land by the Hamakua Community Development Plan. 26 Page b. Description of how project will affect area and surrounding lands The subject property is currently established as a homesite and pasture within an area that has been previously cultivated in sugar cane and accommodating industrial activities related to the former `O`okala Sugar Mill the resided immediately to the west. The properties immediately to the south (mauka) was recently rezoned to the FA-1a zoning district in support of a proposed Not subdivision. The requested A-5a zoning and proposed 4-lot subdivision will continue to promote the current agricultural use of the subject property at a smaller scale. All necessary utilities and services to support the proposed subdivision is or will be made available. Due to the use of existing and proposed roadway networks, construction-related impacts is expected to be minimal. Approval of the requested A-5a zoning will allow the Applicant to follow his parents vision and practices by continuing and expanding the grazing, orchard and crop activities by subdividing the subject property to allow for more intense farming by the individual family members. Without constant attention and effort, the cane grass and other grass species that currently inhabit the subject property tend to completely take over the land, increasing the potential of fire danger for the entire `O`okala village area, as this area recently experienced. It is also the intention of the Applicant to give other family members the opportunity to buy smaller lots and build affordable homes as envisioned by his parents. c. Description of impacts that cannot be avoided and applied mitigation measures The subject property resides at the top of a 200-foot tall bluff that overlooks the ocean, which itself minimizes the direct impacts upon coastal resources or processes. The proposed subdivision will promote the continued use of the subject property for pasture and orchards, but at a more manageable scale. Better land management typically translates to better management of any impacts upon area resources. Development of the proposed subdivision will take advantage of existing roadway networks that once serviced the `O`okala Sugar Mill operations, minimizing the need for extensive grading and paving improvements typically associated with subdivision-related infrastructure. d. Alternatives to the proposed project The only alternative is to maintain the subject property as it current exists, an approximately 20-acre agricultural property managed by a single family. While the General Plan suggests these lands for urban uses, the HCDP declares these lands as important agricultural lands. The Applicant has taken the path to maintain these lands in agriculture, a direction that is promoted by the HCDP. But promoting 27 Page agriculture cannot be effectively accomplished if it cannot be properly managed. The Applicant, in executing his parents' wishes, wants to provide other family members with the opportunity to help cultivate and manage these lands. e. Irreversible and irretrievable commitment of resources Given the limited scope of the proposed 4-lot subdivision and its related improvements and the past and current uses of the subject property and immediately surrounding area, the Applicant is not able to identify any irreversible or irretrievable commitment of cultural, historical, recreational or ecological resources as a result of the proposed subdivision development. F. OBJECTIVES AND POLICIES OF CHAPTER 205A AND SMA GUIDELINES a. Recreational resources The subject property is not known to accommodate any recreational opportunities due to its location at the top of a 200-foot tall sea cliff. Alaialoa Gulch, located along the east side of the property site, will not be altered or affected by the proposed subdivision action. b. Historic resources There are no known historic or archaeological resources within the subject property due to its past cultivation in sugarcane and its continuing use as a homesite and for agricultural purposes. The State Historic Preservation Division will be notified and all work shall immediately cease should inadvertent discovery of any archaeological feature be encountered during development of the proposed subdivision c. Scenic and Open Space resources The subject property is not identified as an area of natural beauty by the General Plan. Lands immediately makai of the subject property at the base of the 200-foot tall sea cliff is designated for Open uses by the General Plan and will remain as such. The requested A-5a zoning will allow for a small 4-lot subdivision with lots at least 5 acres in size, a very low density of potential building sites that should not have a significant impact upon any viewplane, which we feel does not exist due to the significant ironwood canopy that exists along the top of the sea cliff. For these reasons, the Applicant finds that the subject property is void of any scenic or open space resources. d. Coastal ecosystems The subject property lies at the top of a 200-foot tall sea cliff, so for these reasons, any direct effect upon coastal ecosystems is likely mitigated. A 40-foot shoreline 28 Page setback from the top of the sea cliff(pali) will also be imposed and enforced by the County, further ameliorating the effects of any activities upon coastal resources. Finally, the small scale of the proposed subdivision at only 4 lots, utilizing existing cane haul roads and utility corridors, will further manage the scale of improvements and uses upon these lands. e. Economic uses The intent of the requested rezoning is to create smaller agricultural lots that is more manageable, thereby enhancing agricultural opportunities by individual families rather than expansive open pasture that is only managed by a single family. f. Coastal hazards No new facilities or uses are being contemplated along the coastal portions of the project site that are subject to coastal flooding, as discussed in Section C(18). In view of the Hawai'i State Supreme Court's " PASH" and "Ka Pa'akai O Ka`Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site. As the subject property has been physically altered over many decades due to past sugar cane cultivation and its current use as a homesite and cattle pasture, it is unlikely that there are any valued cultural, historical, and natural resources to be found within the project site. As previously mentioned, the portion of Alaialoa Gulch that traverses along the eastern boundary of the project site will be left in its current and natural state. For this reason, the Applicant could find no evidence of any possible significant adverse effects or impairments that will occur to any valued resources should this change of zone request and SMA Use Permit be approved. Should the Applicant inadvertently encounter any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials, the Applicant agree to cease work in the immediate area and contact the Department of Land and Natural Resources-State Historic Preservation Division (DLNR-HPD), resuming activities only upon securing archaeological clearance from DLNR-HPD when it finds that sufficient mitigation measures have been taken. The Applicant has not encountered any evidence of traditional or customary Native Hawaiian rights being practiced on the subject property, nor existence of any known valued cultural, historical or native resources in the area. Thus, it is believed that the project would have no adverse impact relative to the cultural and historical resources of the area. To the extent to which traditional and customary Native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights. 29 Page Based on the above findings, the Applicant maintains that allowing the development of the proposed 4-lot subdivision and related improvements will not have any substantial adverse impacts on the surrounding area, nor will its approval be contrary to the objectives and policies of Chapter 205A, HRS, relating to Coastal Zone Management and Rule No.9 of the Planning Commission relating to the Special Management Area. G. CONCLUSION Based on the discussion above, the Applicant finds that approval of this Change of Zone request from Agricultural-minimum 20-acre lot size (A-20a) to a Agricultural-5 acre (A-5a) zoning district, and an SMA Use Permit to allow for the development of a 4-lot agricultural subdivision, conforms to the goals, policies and standards of the General Plan; adheres to the general policies and objectives of the Hamakua Community Development Plan; will not have a significant adverse impact upon coastal resources; and would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. 30 Page S6 PF yid +(A 1969 e e .zt}- BENJAMIN J.CAVETAN'O ESTHER UE➢A GOVERNOR E , EXECUTIVE OFFICER x STATE OF HAWAII DEPARTMENT OF BUSINESS,ECONOMIC DEVELOPMENT&TOURISM LAND USE COMMISSION Room 1€14,Old Federal Building 335 Merchant Street Honolulu,Hawaii 96913 Telephone: 587-3822 . February 1, 1996 Al Ms. Karen Clarkson Clark Realty Corporation P. O. Box 2469 Kamuela, Hawai'i 96743 Dear Ms. Clarkson: Subject: BOUNDARY INTERPRETATION No. 96-G2 for TMK No.: 3-9-01: 24, Ookala North Hilo HawaN Pursuant to your January 18, 1996 letter requesting a boundary interpretation for the subject parcel, please be advised that we have determined an approximate location of the State Land Use Agricultural / Conservation District. Our determination is based on the Commission's records and official maps currently on file at our office and the map that you provided. For your information, the Agricultural / Conservation District boundary on the subject parcel is located approximately at the 200 foot contour line and at the "top of pali." For a more precise determination of the boundary, we would require a survey map in metes and bounds signed and stamped by a registered professional surveyor. The contour lines and the top of pali should be represented on the survey map. A copy of Tax Map 3-9-01 with an approximate State Land Use Agricultural/Conservation District boundary delineated is enclosed for your reference. If you have any questions, please call Fred Talon or Bert Saruwatari of my staff at 587-3822. Sincerely, i ESTHER UEDA Executive Officer i EU:ft encl: Boundary Interpretation map dated February 1, 1996 cc: Michael D. Wilson, BLNR Chairperson (w/ encl.) Attn: Dean Uchida, Land Management Virginia Goldstein, County of Hawaii Planning Department (w/encl) AGlenn Y. Sato, Tax Maps & Records Supervisor (w/encl.) C&C of Honolulu, Dept. of Finance EXHIBIT A FEB 0 5 1996 .v n.000 .r . r .^.r r • -T x p oz (� p //�r �..... 1.9 All �,- r is p ! ; 44, rl Nr 43 rl k � � A u �� i�f i � � \�! � ;�j _:mow f� ■ a =' t � #� lam' r �R •.r_��_-�.__-+�'� �#'' ---"�� . � � �`�.'� � -.,•>�w,r, ,� ....�...Tom,.. 1 in 011I � xt a.rr•w--�arn G�..f ..M • r•��_�..i + ... .. !+Y.`rM1Mw fFI J:7y�+sy t\ 1 STATF; c)F HAWATT BUREAU (-)F C()NVF:YAN('F,S AUC; 12 , 09:4 , AM I)nc' N I I i?8b /a/C'ARL T . WATANABt ACTTNG RRGISTRAR OV CONVFYANCF� c'(-)NVF,YANCF TAX' $1 Z 6 . 00 LAND COURLL REGULAR SYSTEM After Recordation, Return by Mail (x) Pick Up O To: R. DEAN and DOROTHY A. S;CI-IMITZ TG: 369355 33833 N.E. Haugen Road TGE: 96-101-0826 Newberg, Oregon 97132 Lynne Nakamura Tax Map Koy: 3-9-01-24, 'Third Tax I)iViSiOn TRUSTEE'S DEED AND GRANT OF EASEMENTS AUG 71998 THIS DEED made this W_ day of 19_ by and between JOHN T. GOSS, as 'Trustee of HAMAKUA SUGAR COMPANY, INC., Debtor in that certain proceeding entitled "In Re ILIamakua Sugar Company", Bankruptcy No, 92-00865, United States Bankruptcy Court for the District of Hawaii, and not individually, hereinafter called the "Grantor", and R. DEAN SCHM1-7Z and DOROTHY A. SCHMITZ, Co-Trustees (hereinafter sometimes called collectively the "Trustees") of the R. Dean Schmitz and Dorothy A, Schmitz Joint Trust under unreco rded 'Trust Agreement dated December 30, 1992, as amended and restated by First Amended and Restated Trust Agreement dated February 19, 1993, and as further amended or restated including Amendment to First Arnended and Restated Trust DOOM 695,1/lo,1.09 EXHIBIT B Agreement dated August 1, 1995 (all such trust instruments being called collectively the "Trust" hereinafter), whose address is 33833 N.E. Haugen Read, Newherg, Oregon 97132 (the Trustees being hereinafter called collectively "Grantees"); WITNESSETH : WHEREAS, Grantor is the owner of the parcel of land described in Exhibit attached hereto and made a part hereof, and such parcel is one of six parcels of land previously owned by Grantor at Ookala, Hawaii; and WHEREAS, Grantor wishes to sell and Grantees wish to purchase title to the parcel described in Exhibit A, together with the benefit of appropriate easements for access and utilities encumbering other property at Gokala as set forth herein; and WHEREAS, the Grantor has previously established the easements with respect to which easement rights are granted in this Trustee's Deed, by previous express grants, exceptions and reservations of easements, including the terms of those certain instruments recorded in the Bureau of Conveyances of the State of Hawaii as Documents Nos. 96-033857 and 96-035536, and the (-;raptor wishes to grant, pursuant w ribitls reserved in such instruinems, and the Grantees wish to accept, the express easements described in this Trustee's Deed; and WHEREAS, the easements over which easement rights are granted to the Grantees by this Deed are within property owned by the Grantor (Tax Key Parcel (3) 3-9-1-4), and also within properties owned by other persons (Tax Key Farcels (3) 3-9-1-5 and (3) 3-9-1-27 owned by Melvin E. Lehman and Sharon L. Lehman ("Lehmans"), and Tax Key Parcels (3) 3-9-1-23 and (3) 3-9•-11-31 owned by Leonard Bert Cardoza and Sandra Sadako Cardona ("C'ardozas"), as L'�ct1696.1i 1W .I.J'4 -7- set forth in Exhibit A hereto), and the respective joinders of the Lehmans and the Cardozas in such easement grants to the Grantees are attached hereto and made parts hereon; and WEIEREAS, sale of the property herein described to Dorothy A, Schmitz was approved by said Bankruptcy Court by Order entered in Bk. No. 92-00865 on June 14, 1996, and the Grantees named herein are said Dorothy A. Sclunitz's designees to close the purchase of such property and receive title thereto, as provided in the Designation of Grantees by Dorothy A. Schmitz attached hereto and made a part hereon; NOW, THEREFORE, the Grantor, in exchange for TEN DOLLARS($10.00)and other valuable consideration, receipt of which is hereby acknowledged, and pursuant to the said Order of said Bankruptcy Court entered in Bk. No. 92-00865 on June 14, 1996, and the said designation of the Grantees as the persons to receive title to the subject property, does hereby grant, bargain, sell and convey unto the Grantees, as said Co-Trustees, and their successor trustees and assigns, in fee simple, all on the property described in Exhibit A attached hereto and made a part hereof; TO HAVL AND TO 110LD tiic: smile, iubethL:J wiill Elie 1CVCI-Si1111S, rl Ilcai'Iders, rents, issues and profits thereof, and all improvements, rights, easements, privileges and appurtenances thereunto belonging or appertaining, and all of the estate, right, title and interest of the Grantor, both at law and in equity, therein and thereto, unto the said Grantees, in fee simple, as aforesaid; SUBJECT, HOWEVER, as set forth in this document including all exhibits hereto; BUT IN TRUST NEVERTHELESS, with frill power to sell, convey, transfer, or otherwise dispose of at public or private sale, grant or exercise options to purchase, exchange, abandon, manage, improve, repair, insure, partition, mortgage, pledge, lease or grant easements ll, ,t,li( ,/,C�1;+ -3- for any term (within or beyond the period permitted by law or the duration of said Trust), subject to any encumbrances hereinabove or hereinafter mentioned; and any ino tgage, lease, deed, grant or other instrument of conveyance or transfer of the said property by the Trustees shall be deemed conclusively to be pursuant to proper authorization, shall be binding upon the Trustees and shall constitute the act and deed of the Trustees, and no person dealing with the Trustees need inquire into the power or authority of the Trustees to execute and deliver any such mortgage, lease, deed, grant or other instrument of conveyance. AND the Grantees hereby accept into Trust the said property described in Exhibit A. GRANT OF EASEMENTS. And in consideration of the premises, the Grantor DOES HEREBY GRANT unto the Grantees and their successor trusters and assigns, as aforesaid, the perpetual, non-exclusive rights and easements with respect to Easements 1, 2, 2A, 3, and 4 as described in Exhibit A hereto, for the purposes set forth therein; SUBJECT, HOWEVER, to the terms, covenants, conditions, provisions, exceptions, and reservations stated in this 11UL;U111 la ili4hudlllb all cxh►ibit� 1w1vto. GRANTEES' COVENANTS REGARDING EASEMENT'S. And the Grantees, for themselves and their successor trustees and assigns, do hereby covenant and agree with the Grantor and his successor trustees and assigns, and with the other owners (now and from time to time) of easement rights over said Easement 1, Easement 2, Easement 2A, Easement 3, and/or Easement 4 described in Exhibit A. and with the owners (now and from time to time) of the land over which such easements are granted, and such owners' respective heirs, devisees, 11,)CzJe;�.I ol) -4- personal representatives, successors, successors in trust, and assigns, as the case may be, as follows: 1, That the term "Easement Areas" for purposes of these covenants means the areas of Easements 1, 2, 2A, 3, and 4 as described in Exhibit A. 2. That the Grantees, together with other owners of easenient rights over the Easement Areas, will keep such Easement Areas in good and safe condition, maintenance, and repair, and will not cause any waste, nuisance, strip, or unlawful, improper, or offensive use of such Easement Areas or any adjacent property. 3. 'That the Grantees will keep all improvements, installations, fixtures, equipment, and facilities made or installed by or on behalf of Grantees within any such Easement Area in good and safe condition, maintenance, and repair. 4. That the Grantees will exercise the Grantees' rights hereunder so as to cause (1) as little interference as reasonably necessary with (A) the use of such easements by other persons who may be entitled to such use, and (B) the use by owners and occupants of the parcels of property wits►in which 5ueli 1�a5:Eu�►►t �"tr�;ts ;rc !c;c ,t �l and the parcels of property adjacent to such ]?asement Areas, including; any improvements on any such parcels, and (2) as little interruption as possible of the continuous availability of the access across and the services provided by the installations (once installed) within such Easement Areas. Such other persons and such owners and occupants shall include but shall not be limited to Grantor and others to whom Grantor may grant or may have granted easement rights in such Easement Areas. 5. That after completion of any work by or on behalf of Grantees in any such Easement Area, Grantees shall restore the surface of the ground within the Easement Area to -5- a condition at least as good and safe as the original condition of such ground, provided that the restored condition shall he better than such original condition if required for proper or safe use of such Easement Area after such work is done. 6. 'Chat the Grantor shall have no obligation to do any work with respect to any such Easement Area and no liability for any work done or omitted by Grantees or any other person with respect to any such Easement Area, including but not limited to any installation, construction, maintenance, use, operation, repair, removal, re-installation, or reconstruction. 7. That the Grantees shall defend and indemnify Grantor and hold Grantor harmless from and against any and all clainls, ak;trons, demands, losses, liabilities, damages, judgments, orders, awards, fines, penalties, costs, and expenses, including reasonable attorneys' fees, which may be threatened against or incurred or suffered by Grantor directly or indirectly on account of any failure of Grantees to observe and perform Grantees' covenants in this instrument, whether arising out of damage to property, or injury to or death of persons, or otherwise from usage of such easements, and whether such damage, injury, death, or other usagi-related cflCct ivay UcL;ur to Gralllui or to ally Whet— pursue; and iilat iiabiliLy 61' any) arising out of such damage, injury. death, or usage shall be liability of the Grantees (jointly and severally as between the persons constituting; the Grantees) jointly with other grantees of easement rights over such Easement Areas and not liability of the Grantor. 8. "That the Grantees will comply with all laws, ordinances, governmental rules and regulations, nongovernmental covenants and restrictions, and other restrictions r_,::zie,r,.+/Lot,1,".) -6- applicable to any work within such Easement Areas or to any use of such easements. GRANTOR COVENANTS REGARDING EASEMENT'S. AND the Grantor covenants with the Grantees that the Grantor will not build or erect any building, building foundation, wall, fence, gate, or other improvement ulwli or within any such Easement Areas unless the same shall not interfere with the Grantees' usage of such Easement Areas for the: purposes for which granted; PROVIDED, HOWEVER, that the foregoing covenant of Grantor shall not prohibit the Grantor (or any other person to whom ease:ntent rights over any such Easement Area may be granted) from installing, constructing, maintaining, using, operating, repairing;, removing, re-installing, and recow tracting within any such Easement Area Grantor's (car such other person's) own lines, wires, conduits, and other appliances, equipment, and facilities for electIical, water, and sewerage services, or Grantor's (or such other persons) own improvements as necessary to permit access, in order to service and benefit any property in favor of which any such easu►nent is cstablished; the Grantees hereby expressly confirming that Grantees' easement rights hereunder shall be nonexclusive, �' ' '�fE'ti'1'S 1:1:-. LA�Sl .'tiii;'�TI. And the Grantee;, can h{°half cif MUTUAL riCilti�,�., themselves and their successor trustees and assigns, and the Grantor, on behalf of himself and his successor trustees and assigns, do hereby further mutually agree as follows; 1. That the improvements, appliances, equipment, and facilities installed by or on behalf of Grantees within any such Easenicnt Arca shall be and remain the property of the Grantees; provided, however, that if' Grantees shall cause or suffer rernovai of such improvements, appliances, equipment, and facilities installed in any such Easement Area and shall riot re-install the removed improvements, appliances, equipment, and facilities within a -7- period of one (1) year after su-:h removal, or shall abandon such casement for a period of one (1) year, then the Grantees' eaisen►ent rie.hts over, 1crk)ss, within, and through that Easement Area shall terminate for utilities purposes, ;uid to the extent not prohibited by last shall terminate for access purposes. 2. That if at any time the property over, across, within, or through which any of the subject casements is granted, or any part ol' such property, shall be condenned or taken for any public project by any governmental authority, the Grantees shall have the right to claim and recover from the condemning authority, but not from the Grantor or the other owner of such condemned or taken property, such compensation as is payable for the easement itself and the installations and improvernent-s in the Easement Area, as the Grantees' interest may appear. 3. That if a ny of the subject casements or Easement Arcas should be granted to any governmental entity or authority as a dedication to public use for the purposes) for which the easement was established, then 5ucli cascntcnt and the rights and obligations of the Grantees and the Grantor hereunder as to that easement shall automatically terminate. 4. "1'h�►t thr' hct�cfit� nf' thf� c►scn7ents ITrt►nt►cl nr reserved herein shall run with, touch and concern, and be appurtenant to the land in whose favor such easements are granted or reserved, and the hurdens of such easements shall run with, touch and concern, and be binding upon the respective lands within which such easements are located, all as set forth in this instrument, and that the rights and obligations of the Grantor under the foregoing easement provisions shall inure to the benefit of and be binding upon the Grantor and his successor trustees and assigns, and the rights and obligations of the Grantees under the foregoing Uoc"J.1696 AJ 1053.07 -� easement provisions shall inure to the benefit of and be binding upon the Grantees (jointly and severally) and their successor trustees and assigns. "AS-IS" PROVISIONS, AND the Grauties, for themselves and their successor trustees and assigns, hereby further acknowledge and ag:'ee to and with the Grantor and his successor trustees and assigns that: (A) the: property herein described is accepted "AS IS", "WHERE IS" in all respects, and that Grantor makes no warranties of title as to the subject property and no representations or warranties with respect to the subject property, including but not limited to physical condition(including but not limited to the soil and subsurface conditions), developability, previous development or any documentation relating to previous development, marketability, boundaries, encroachments, access, area, subdivision, merchantability, economic value, environmental, archaeological, historical, cultural, religious, or biological aspects, hazardous wastes or substances or pollutants, habitability or fitness for a particular purpose of said property, or any matters that any Survey of said property does or might show: AND (B) that Grantees have investigated or had ample opportunity to investigate, and accept: (i) the zoning, ' 1 r r t r . s ' i lalrcl IISI l:laSSlfl�iltlUri, I)C:I'nilttc:�f, I1U11-l;i;t`11.1tt�C1, 1'�tit1'i:'.�d, Iii)I. .:.11tl(1:IIlI1t�, ;li )tlte.' tI.>v;• 1. the property, however effected, (ii) the effect on the property of title encumbrances, and (iii) any necessity or advisability of governmental or non-governmental approvals in order to develop, operate or use the property, and whether or not Grantees have made or do make any such investigation, Grantees accept the property subject to such uses, effect, and need or advisability for approvals; AND (C) Grantor does not represent or warrant(i) whether Grantees can develop, operate or use the property as Grantees may wish to do, or 00 the accuracy, validity, or completeness of any appraisal, survey, title report, environmental assessment, or other TJ,w7!;f,I),.1/1010 ;y -�- document, information or material on which Grantees may have relied or may rely concerning the property; AND (D) Grantor shall have tic) obligation or liability to Grantees on account of such reliance, whether or not Grantees acquired or acquire any such document, information, or material from Grantor; Grantees having accepted and undertakcti the entire obligation and risk of acquiring and evaluating any and ail information, documents, and materials concerning the property; AND (F) Grantees have read, understand and accept the disclosures made by Grantor, and acknowledge that Grantor has ►nerely attempted in good faith to provide Grantees some information that Grantor has about the property, but Grantor has not undertaken any obligation - or liability to disclose all material facts about the property, is not required to do or pay for any investigation or evaluation of such information, and will not be liable on account of any inaccuracies, incompleteness or obsolescence of any such information, and that Grantor makes no representation, warranty or guaranty of any kind or to any extent about the property or its suitability for Grantees' purposes; AND (F) Grantees assume all risks in connection with any of the foregoing matters and the property, and release Grantor frorn any and all obligations or liitbiliiic:S iu cutuicctiuh <vitli EEtly' such ';OJldi[;IONS. The term "Grantor" used herein, or any pronoun used in place: thereof, shall mean and include the said named Trustee in Bankruptcy as such 'Trustee and not individually, and his successor trustees in bankruptcy and assigns; and the term "Grantees" used herein, or any pronoun used in place thcrc of, shall mean and include the masculine and the feminine, singular or plural, individuals or corporations and the said named individuals constituting the Grantees, and their successor trustees and assigns. All covenants and agreements of the persons signing this instrument as Grantees shall he joint and several. -10- The parties hereto agree that this instrument, including the joinders and designation instrument attached to this instrument, may be executed in counterparts, each of which shall be deemed an original, and 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 may be assembled as one document. III WITNESS WHEREOF, the parties hereto have executed this instntrmnt as of the day and year first above written. HAMAKUA SUGAR COMPANY, INC. f B JOH1N T. GOSS, Trustee in bankruptcy s aforesaid and not individually "Grantor" R, DEAN SC TZ, Co-Tru DORO 'A. SC TZ, C stee "Grantees" t?OC2169d,i/SOS1.a9 "11" STATE OF HAWAII ) ) SS. CITY AND COUNTY OF HONOLULU ) On this day oiAUG 719% 1996, before me personally appeared JOHN 'T. GOSS, Trustee for Ila►nakua sugar Co►1ipany, Inc. in Bankruptcy No. 92-00865, U-S, Bankruptcy Court for the District of Hawaii, to ►ne known to be the person described in and who executed the foregoing instrument as such "Trustee, and acknowledged that he executed the same as his free act and deed as such Trustee;. Notary ublic, State of Hawaii My commission expires: 2 61999 DQC21696.1/1053.09 STATE OF COUNTY OF -�_= �. t °`On this,,_/da y of % r - -? 1996, before me appeared R. DEAN SCHN11T2, and DOROTH'Y A. SCHIN11 Z, Co-Trustees, of the R. Dean Schmitz and Dorothy A. Schmitz Joint 'Trust under unrecorded Trust Agreement dated December 30, 1992, as amended and restated by First Amended and Restated Trust Agreement dated February 19, 1993, and as further amended or restated including Amendment to First Amended and Restated Trust Agreement dated August 1, 1995, to me personally known to be the persons described in and who executed the foregoing instrument as such Co-Trustees, and acknowledged that they executed the same as their free act and deed as such Co-Trustees. Notary blic, State of My Commission Expires: —Al Uvc]SB96.1/1033.49 ,La [ Ali of the following prupei.-ty : TMK 3rd 3-9-01 :24 Being a portion of Grant 2467 to Hanchane and Kaswepuupuuole Situated at Ookala. Nanowaialco, North Hilo, Hawaii neginning nt the Southwesterly curne:r of this parcel of land being the Northeasterly corner of Railroad Lot 161 being also the Northwesterly corner of Railroad Lot 160, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Humuula" hc.i.ng 6,653 .92 feat North and 1, 581 .66 feet Kent, thence running by azimuths measured clockwise from True South; •1 . 1920 33 ' 29" 558 .46 feet along the remainder of Grant 2467; 2 . P.Inng 'tho nhore.line+ in all :i.tn wind.ingo , thf, direct azimuth and distance being: 257" 58 ' 00" 265 . 58 feet; 3 . Along the shoreline in all its windings , the direct azimuth and distance being: 302" 21 ' 00" 846 . 90 feet; 4 . Along thn middle of Alcinlon Gulch in all its windings , the dire r.4 azimuth and diotance being : nn .. 47P .77 fF,r,t . i 5 . Along the middld of Alu.iel.oe Gulch in all its windings , the direct azimuth and distance being : 50 59 ' 00" 372 . 23 feet; 6 . Along the Northerly side of Railroad Lot 160 on a curve to the right with a raadiuo of 606 .88 feet, the chard azimuth and dintance being: 118° 14 ' 01" 341 .24 feet,; 7 . 1320 37 ' 00" 590 . 00 feet along the tortherly side of Iailroad Lot 160; 6 . Along the Northerly side of Railroad Lot 160 on a curve to the left with a radius of 11462 .'66 feet, the chord azimuth and distance being: 129° 53' 58" 138 . 66 feet to they point of beginning and containlug an area of 19 .329 acres, more or lass, TOGETHFR WITH perpetual, nton-exclusive easements, in favor of and appurtenant to the said property, forty feet wid-c, for vehicular and pedestrian access and standard utilities (including the installation, construction, maintenance, use, operation, repair, removal, re-installation, and reconstr'uctioI1 of SUCK roadway and walkway improvements as necessary to permit such acc.esc, as Nvell as such electrical, water, and sewerage lines, wires, conduits, and other appliances, equipment, and fac=ilities as necessary to transmit and distribute electricity, water, and sewage), over, across, will-jin, and through Easements 1, 2, 2A, 3 and 4 as hereinafter de�crihed: and Together with the right of entry, ftar the purposes of such casements, from any such easement area over, along, and across the portions of the land immediately adjacent to such easement area; SUBJECT, HOWEVER, to the terms, covenants, conditions, provisions, exceptions, and reservations regarding such grant a-r•f easement as contained in the foregoing deed and in this exhibit. The areas of saki Easements 1, 2, 2A, 3, and 4 being described as follows: EASEMENT 1: That certain area forty feet wide, containing approximately 36,331 square feet, along and inside the eastern bu undary of'rax Key Parcel 3-9-1-4, Third 'Tax Division (which parcel is shown on the tax maps K)f the State of Hawaii and is land whose title is held by I-iamakua Sugar Company, Inc.), runni rig approximately South-to-north from the Old Mamalahoa Highway (which is described on said t Etx reap as "Old Gov't Main Road"), and more particularly described in Exhibit 13 and shown oll ExIlb G attached hereto and made a part hereof; 1ASEMENI'2: 'That certain area fa)rty feet wide, containing approximately 2,634 square feet at and within the eastern end of iax i-4-cy i'i1l_C:Cl 3-9-i-27, Third Tl tx Division, acid more particularly described in Exhibit C and sho con on h'xhi it Q attached hereto and made a part hereof; EASEWNT 2A: That certain area forty feet wide, containing approximately 1,807 square feet, at and within the southeasterly corner of 'Tax Key Parcel 3-9-1-5, Third Tax Division, and more particularly described in EXlllbit D and .Shown on Eli G attached hereto and made it part hereof; EASEMI NT 3: That certain area F<)rty feet wide, containing approximately 2,672 square feet, at anal within the western end of Tax Key Parcel 3-9-1-31, 'Third Tax Division, and more particularly described in Exhibit and ShOW11 oil laxhtbrl_ Q attached hereto and made a part hereof. EASEMENT 4: That certain triangular area, containing approximately 1,123 square feet at and within the northwestern con-ncr of Tax Key Parcel 3-9-1-23, 'Third Tax Division, and more particularly described in Exhibit F and shown on Exhibit G attached hereto and made a part lrereut'. Said Easements 1, 2, anti 2A and said right of entry applicable thereto, and the right to grant the easement rights herein described as to Easements 1, 2, and 2A, were expressly reserved to Grantor for the benefit of the property described in Exhibit A, in that certain "Trustee's Deed and Grant and Reservation of Easements" dated March 7, 1996, recorded in the Bureau of Conveyances, State of Hawaii, as Document No. 96-033867, and said Ease en 3 and 4 and said right of entry applicable thereto, and the right to grant the easement rights herein described as to Easements 3 and 4, were expressly reserved to Grantor for the benefit of the property described in Exhibit A, in that certain "'trustee's Deed and Reservation of Easements" dated March 12, 1996, recorded in said Bureau as Document No. 96-035536; and the land over which said I as r tit 1 is granted by this instrument is land owned by the Grantor. SUBJECT, HOWEVER, to the following,: 1. Reservation in favor of the State of Hawaii of all mineral and metallic mines. 2. Any unrecorded leases and matters arising from or affecting the same. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other fats which a correct boundary and improvement survey or archaeological study would disclose, including, without limitation, trails, rights of way, historic property and burial sites. 4. Claims arising out of rights customarily and traditionally exercised for subsistence, cultural, religious, access (including but not limited to access to the ca) Ur gadicl`ing purpuSCS as pi,ovided ICir i:i t]1C ILIVV�iii COnStittiti011 01' the Hawaii Revised Statutes. 5. Location of the seaward boundary in accordance with the laws of the State of Hawaii and shoreline setback line in accordance with County regulation and/or ordinance and the effect, if any, upon the area of the land described. herein, 6. Terms, covenants, conditions, provisions, exceptions, and reservations regarding said easements or otherwise affecting said parcels, as set forth in the foregoing deed. Note: The acreage: of said property ('FMK (3) 3-9-1-24 (an oceanfront parcel) shown on said unrecorded survey map by Blaine W. Ito, registered professional land surveyor number 5691 of the State of Hawaii, reflects an updated change in the acreage of such land from the acreage shown on the tax maps, �!� The land conveyed by this instrument (`1 MK (3) 3-9-1-24) anti the land in which the said Easement 1 is hereby granted are "retained lands" for sale by the Grantor herein as said Bankruptcy Trustee by order of said Bankruptcy Court, pursuant to that certain unrecorded Memorandum of Agreement dated May 28, 1993, approved by Amended Order filed in said Bankruptcy No. 92-00865 on August 29, 1994; and the lands as to which said Easements 2, 2A, 3 and 4 were previously expressly reserved to the Grantor were also "retained lands" pursuant to such Memorandum of Agreement and such Amended order, which have been sold and conveyed by the Grantor subject to such reservations. EASEMENT 1 ( For ACcegs and Utility Purp06eB ) Heing a portion of arnnt 2467 to Hanohane and K0 fiWsPuupuuole Situated at ookaln, Borth tIi1o, Island and County oz- maw"", tiawgii Beginning at t:t�t 8outl�cily cuzjjc;r of this peir.cr o Land eloof the Northerly nq side of Old Mamalahoa Highway, the c00 0f said point of beginning xreferred to Government surve•-y Triangulation Station "Humuule" being 5 ,709.26 feat Borth and 11792-09 feat W et, thence running by azimuthb meaeured clockw; se flotr, True South; 1 . 1100 01 , 00" 40 . 34 sect along the Ncnrtherly side of Old Mamalahoa Highway; 2 . 192° 33 ' 29" 914 . 80 feet along the relilFlilldGr of Grant 2467 , 3 . Along the: Southerly Bade of Railroad Lot 161 on & Curve to the right with a zadi.vr� of 1 , 402 . 66 feet, the chord azimuth and distance being: 3070 24 ' 38 " 44 . 08 feet; 4 . 12" 33 ' 29" 901 . 53. fleet along the remainder of Grant 2467 to the Point of becrinning and containing an arda of 36,331 square feet . Thlo wad ripe pm"md by nA ME*mTRen ° of u @Efp�tY{,R1011. NKKQiK)►ii1L CURVP-e C117R Bb �' No. 5691 Profwalond 5un+yw 0Wdt1ooi4 Number 5091 S Ja- EXHIBT B EASEMENT 2 (For Access and Utility purposes) Being a portion of Grant 2467 to Hanelhane and Kaauapuypuuole Being also a portion of Railroad Lot 161 Situated at Ookala, North Hilo, Island and County or Hawaii, Hawaii Beginning at the Southerly corner of this parcel of land being the Southeasterly corner of Railroad Lot 161, being also the Westerly corner of Railroad Lot 160, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Humuula" being 6,589 .20 feet Worth and 1,596.08 feet West, thence running by azimuths measured clockwise from True south; 1 . Along the Southerly side of Railroad Lot 161 on a curve to the left with a radius of 1 , 402 . 66 feet, the chord azimuth and distance being: 127" 24 ' 38 " 44 . 08 feet; 2 . 1920 33 ' 29 " 65 . 39 feet along the remainder of Railroad Lot 161; 3 . Along the Norther•1.y side of Railroad Lot 161 on a curve to the right with a radius of 1 , 462 . 66 feet, the chord azimuth and distance being: 3060 19 ' 35" 43 . 71 feet; 4 . 120 33 ' 29" 66 . 30 feet along the Westerly side of Railroad Lot 160 to the point of beginning and containing un arua of 2,634 square feet. a\tA E W. v �l roh w-A vo prepared by me kCeMMED G or $UMV* s*WA LAW 74 yJ, np �R4E1'e)N btu kumhet 5691 No. 5691 tigWq 1 � uSP EXHIBIT C EASEMENT 2A For Access and Utility Purposes Being a portion of Grant 2467 to Hanehane and Kaawapuupuuole Situated at ©okala, Manowaialee, North Halo, Hawaii Beginning at the Southerly corner of this parcel of land being the Northeasterly corner of Railroad Lot 161 , being also the Northwesterly corner of Railroad Lot 160, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Humuula" being 6,653.92 feet !forth and 1, 581 .66 feet West, thence running by azimuths measured clockwise from True South; 1 . Along the Northerly side of Railroad Lot 161 on a curve to the left with a radius of 1,462. 66 feet, the chord azimuth and distance being: 126° 19 ' 35" 43 .71 feet; 2 . 1920 33 ' 29" 40. 60 feet along the remainder of Grant 2467; 3 . 2940 09 ' 58" 40. 84 feet along the same; 4 . 120 33 ' 29" 50. 00 feet along the same to the point of beginning and containing an area of 1,807 square feet. ,NE W, Ito Thu w9it vas M"rvd by me RECtSTDECb or under my P"'Y im PROFrW LAM ,•� • * SU,MEYOR B1o(ne w, ro No. 5691 Praru,�,ar s+rn�« JIRrI�1i/ 5691 41 �_�. t._ l , TMK 3rd 3-9-01:05 EXHIBIT 0 EASEMENT 3 (For Access and Utility Purposes) Being a portion of Grant 2467 to Hanehane and Aaawapuupuuole Being m1so a portion of Consolidated Railroad Lot 160 Situated at bokala, North Hilo, Island and County or Hawaii, Hawaii Beginning at the Westerly corner of this parcel of land being the Southeasterly corner of Railroad I,ot 161, being also the Westerly corner of Railroad Lot 160, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Humuula" being 6,589.20 feet North and 1,596.08 feet Rest, thence running by azimuths measured clockwise, from True South; 1 . 1920 33' 29" 66. 30 feet along the Easterly side of Railroad Lot 161; 2 . Along the Northerly side of Railroad Lot 160 can a curve to the right with a radius of 1,462 . 66 feet, the chard azimuth and distance being: 3080 03 ' 01" 44 . 32 feet; 3 . 120 33' 29" 67 .32:feet along the remainder of Railroad Lot 160; 4 . Along the Southerly side of Railroad Lot 160 on a curve to the left with a radius of 1,402 . 66 feet, the chord azimuth and distance being: 1290 13 ' 30" 44 . 76 feet, to the point of beginning and containing an area of 2,672 square feet. % E W. �r �rcn MM D Thy rw1< va3 prepared by m+ �sssor� of under MY wQervlwon LMO �mie w' su tiol Survryar No. 5691 profst�ia Certlf NumOa 501 EASEMENT 4 (For Access and Utility Purposes ) Being a portion of Grant 2467 to Hanehane and Kaawapuupuuole Situated at Ookala, North Hilo, Island and County or Hawaii, Hawaii Beginning at the Northerly corner of this easement being the Southeasterly corner of Railroad Lot 161, being also the Westerly corner of Railroad Lot 160, the coordinates of said point of beginning referred to Government Survey Triangulation Station "Humuula" being 6,599 . 20 feet North and 1, 596 .08 feet West, thence running by azimuths measured clockwise from True South; 1 . Along the Southerly side of Railroad Lot 160 on a curve to the right with a radius of 1,402.66 feet, the chord azinuth and distance being: 309" 19 ' 56" 50 . 00 feet; 2 . 700 56' 42" 52 . 42 feet along the remainder of Grant 2467; 3 . 1920 33 ' 29" 50 . 00 feet along the remainder of Grant 2467 to the point of beginning and containing an area of 1,123 square feet. �'kl E W. pro This work vos Fwcfared by me R[eMMrm Ufl �e�ypy PROf13510►4J. iwa Bfaene M, Ito SLJRYr A Nramiow No. 5691 Cerf ki7te NvmW $691 EMF TMK 3-9-01.24 3o '19'35" 4311' f� �1 Eeowsant 3 l60AJ I—( vldc rFor ,Ac c4do And UtIMV P6rPo+r. i 2,612 •q/t. Ewangnl (amIDb (eat vidc) For ce . end W11119 Purposa6 / l� 149'53'$B" 138b8' 1� �� • t 1211•24138" 44mE'Y// %p 31 Z to/ // to_ Y {I , sue, 5�� yy'' ��. ff 1" 16 D I i /1 � a c;;,cnl % alp P / 7r1K 3 9 0I:23 EA5EMENT MAP p , f ptsing a a portion of Grant 246'i to Hanehane and Kaawapuuole Being also Consolidated Railroad Lots 160 and 161 51tuated at ockala, Manowalaice, North i-111o, Hauell 4^1 ' 111T< 3-9-01:05, 23/24,21 end 3l . . •�,�o�"l l A w 1t7 0 �T1Pu. Ysrt .a ppar�d b�tra(� ntorLvueyt O � 3e91 EXHIHTT G �� C.rG(,ae1�liver Siff 44o 11 Drown by. ... V_O fnne A7 JOINDER OF MELVIN E. LEHMAN AND SHARON L. LEHMAN IN GRANT OF EASEMENTS KNOW ALL PrRSONS BY TII'CSp' PRFSFNTS: THAT MELVIN E. LEHMAN and SHARON L. LEHMAN, husband and wife, whose address is P.O. Box 69, Mt, View, Hawaii 96771 (hereinafter called collectively the "l.elhmans"), make this Instrument in their capacity as owners of lands identified as TMK Parcels 3-9-1-5 and 3-9-1-27, Third Tax Division, State of Ilawaii, and more particularly described in that certain "Trustee's Deed and Grant and Reservation of Easements" elated March 7, 1996, made by John T. Goss, as Trustee of I-lamakua Sugar Company, Inc. in Bankruptcy 92-00865, United States Bankruptcy Court, District of Hawaii, as Grantor, and the Lehmans, as Grantee, recorded in the Bureau of Conveyances of the State of Hawaii as Document No. 96-033867 (hereinafter called the "Trustee-Lehman Grant"), and as the owners of easement rights over Easements 1 and 2 as described in the 'Trustee-Lehman Grant and as the owners of lands which fire subject ti) Fasernents 2 and 2A as described in the "Trustee-Ixhman Grant, to the extent of the Lchnians' said ownership interests; and THAT in such capacity the LEIIMANS hereby join in the grant of casement rights by the said Trustee to the Grantees It. Dean Schmitz and Dorothy A. Schmitz, Co-Trustees of the R. Dean Schmitz and Dorothy A, Schmitz Joint 'Trust under unrecorded 'Trust Agreement dated December 30, 1992, as amended and restated (hereinafter called the "Schmitz Trustees"), with respect to said Easements 1, 2 and 2A as described in the foregoing Trustee's Deed and Grant of Easements to which this joinder is attached (hereinafter called the "'Trustee-Schmitz Deed"), and accept the Schmitz Grantees' covenants regarding easements stated in the Trustee 1.101:7I 6W..1/)W,4 1)" Schmitz Deed, confirm the identity of the Schmitz Grantees as persons in whose favor the Lehmans made their grantees' covenants regarding easements as stated in the Trustee-Lehman Grant, and join with the Schmitz Grantees in the mutual agreements regarding easements as stated in the Trustee-Schmitz Deed, And the Scluiiitz Grantees hereby adept the foregoing joinders, acceptance, and confirmation by the Lehmans. The parties hereto agree that this instrument and the said Trustee-Schmitz Deed to which this instrument is attached may be executed in counterparts, each of which shall be deemed an original, and said counterparts shall tog(;:tlter constitute: one and the sarne agreement, binding all of the parties hereto, notwithstanding all of the parties are not signatory to the original or the same; counterparts. For all purposes, including, without limitation, recordation, i -2- 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. IN WITNESS WIIT'REOF, the Lelumns and the Schmitz Grantees have executed this instrument as of the day and year herein evidenced. f p,. r MELVIN E. LEHMAN SHARON L.- MANv "Lehman" R. DEAN SCHMITZ, Co-Trustee DOROTHY A. SCHMITZ, Co-Trustee "Schmitz Tnistees" Doc21696.1/1053.09 -3 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. IN WITNESS WHEREOF, the Lehman and the Schmitz Grantees have executed this instrument as of the day and year herein evidenced. MELVIN E. LEHMAN SHARON L. LEHMAN "Lehman" �u R. EAR X, _ TZ, Co- stee O ROTHY R rsmmin, -Trustee "Schmitz Trustees" D=21696.1/1053,09 -� STATE OF >4 ) SS. COUNTY OF _`-f 1 x I r t ) On this S= day of i t T, 1996, before me personally appeared MELVIN E. LEHMAN, to me known to be the person described in and who executed the foregoing instrument and acknowledged to me that he executed the same as his free act and deed. i , Not Public, Stat f 1~1'zwair c v t{- ?.--I My commission expires:-2- 3 `r l ffl 'C T33 s3ukii-3 NC71:�+1fY1^�a n►v EC1Gr(!tKl'aN NCtISifYYi:, �:J "`^tJ`, tVC J7HQ�I1F311d All"VI(Ifd '.'. STATE OF RAWAM Wr COUNTY OF t; - 1-1 ) On this , - day of +{ 1996, before me personally appeared SHARON L. LEHMAN, to me known to be the person described in and who executed the foregoing instrument and acknowledged to me that she execu d the same as her free act and deed. r� NotaKy Public, State of Hawaii �i.•,>,�_;�r� ; , ., , My commission expires:a y i;�Cli69G.1/1953.U9 STATE OF -- ^ - ) SS. COUNTY OF LL--t-C ; On this '�'` —day of X/� 6c c� ` _, 1996, before me appeared R. DEAN SCHMITZ, and DC OTHY A. SCIiMI Co-Trustees, of the R. Dean Schmitz and Dorothy A. Schmitz Joint Trust under unrecorded Trust Agreement dated December 30, 1992, as amended and restated by First Amended and Restated Trust Agreement dated February 19, 1993, and as further amended or restated including Amendment to First Amended and Restated Trust Agreement dated August 1, 1995, to me personally known to be the persons described in and who executed the foregoing instrument as such Co-Trustees, and acknowledged that they executed the same as their free act and deed as such Co-Trustees. lZNouryubH , State of_ -N-- My Commission Expires: � C`F Lbc;b1696.1/1093.09 JOINDER OF LFONARD BERT CARDOZA AND SANDRA SADAKO CARDOZA IN GRANT OF EASEMENTS KNOW ALL PFRSONS BY TIIFSF PRFSFNTS: THAT LEONARD BERT CARDOZA and SANDRA SADAKO CARDOZA, husband and wife, whose address is P.O. Box 81, Ookala, Hawaii 96774 (hereinafter called collectively the "Cardozas"), make this instrument in their capacity as owners of lands identified as 'TMK Parcels 3-9-1-23 and 3-9-1-31, Third Tax Division, State of Hawaii, and more particularly described in that certain "Trustee's Dced and Reservation of Easements" dated March 12, 1996, made by John T. Goss, as 'Trustee of Harnakua Sugar Company, Inc. in Bankruptcy 92-00865, [United States Bankruptcy Court, District of Hawaii, as Grantor, and the Cardozas, as Grantee. recorded in the Bureau of Conveyances of the State of Hawaii as Document No. 96-035536 (hereinafter called the "'Trustee-Cardoza Grant"), and as the owners of lands which are subject to Easements 3 and 4 as described in the Trustee-Cardoza Grant, to the extent of the Cardozas' said ownership interests; and THAT in such capacity the CARD07AS hereby join in the grant of ei.semcnt rights by the said 'Trustee to the Grantees R. Dean Scb►nitz and Dorothy A. Schmitz, Co-Trustees of the R. Dean Schmitz and Dorothy A. Schmitz Joint Trust under unrecorded Trust Agreement dated Deco:►nber 30, 1992, as amended and restated (hereinafter called the "Schmitz 'Trustees"), with respect to said Easements 3 and 4 as described in the foregoing 'Trustee's Deed and Grant of Easements to which this joinder is attached(hereinafter called the ""Trustee-Schmitz Deed"), and accept the Schmitz Grantees` covenants regarding easements stated in the Trustee-Schnitz Deed, confirm the identity of the Schmitz Grantees as persons in whose favor the Cardozas made their .��11 i. confirm the identity of the Schmitz Grantees as persons in whose favor the Cardozas made their grantees' covenants regarding easements as stated in the Trustee-Cardoza Grant, and join with the Schmitz Grantees in the mutual agreements regarding easements as state in the Trustee- Schmitz Deed. And the Schmitz Grantees hereby accept the foregoing joinders, acceptance, and confirmation by the Cardozas. The parties hereto agree that this instrument and the said Trustee-Schmitz Deed to which this instrument is attached may be executed in counterparts, each of which shall be deemed an s original, and said counterparts shall together constitute one and the same agreement, binding all of the parties hereto, notwithstanding all of the parties are not signatory to the original or the: same counterparts. For all purposes, including, without limitation, recordation, filing an delivery of this instrument, duplicate unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document. IN WITNESS WHEREOF, the Cardozas and the Schmitz Grantees have executed this instrument as of the day and year herein evidenced. LEONARD BERT CARDOZA SANDkA SADAKO CARDOZA "Cardozas" R. bEAN S�HMITZ, C st e ISO OTH'Y A. MIT , Co-T,Jstee "Schmitz Trustees" Doc2 1696.1/1053 09 -� r STATE OF ) SS. COUNTY OF On this day of �f,< j: 1996, before me appeared R. DEAN SCELMITL, and DOROTHY A. SCHMI"1'4, Co-Trustees of the R. Dean Schmitz and Dorothy A, Schmitz Joint Trust under unrecorded Trust Agreement dated December 30, 1992, as amended and restated by First Amended and Restated Trust Agreement dated February 19, 1993, and as further amended or restated including Amendment to First Amended and Restated Trust Agreement dated August 1, 1995, to me personally known to be the persons described in and who executed the foregoing instrument as such Co-Trustees, and acknowledged that they executed the same as their free act and deed as such Co-Trustees. tota PAic, State of c zrc.- CIT �. My Commission Expires: 4nc7.1G?5 :l105J,09 DESIGNATL9N OF QRANTEE KNOW ALL MEN BY THESE PRESENTS: That DOROTHY A. SCHMTTZ, who is the Buyer of property identified as TMK (3) 3-9-1-24 under that certain Purchase and Sale Agreement with JOHN T. GOSS, Trustee in Bankruptcy No. 92-00865 of Hamakua Sugar Company, Inc., in the Bankruptcy Court for the District of Hawaii, who is the Seller under such Purchase and Sale Agreement and the named Grantor in the foregoing Trustee's Deed and Grant of Easements ("Deed") conveying such property, which Agreement was approved by Order of such Bankruptcy Court Bled on June 14, 1996, does hereby designate R. DEAN SCHMITZ and DOROTHY A. SCHMITZ, Co- Trustees of the R. Dean Schmitz and Dorothy A. Schmitz Joint Trust as amended and restated, who are the named Grantees in the foregoing Deed, as the persons to receive title to the property covered by such Purchase and Sale Agreement, and hereby direct the Seller and Grantor John T. Goss, Trustee in Bankruptcy as aforesaid, to convey the property to said designees. Executed this day of 1996, OROTFI A. SCHMI 'Z !.) f [3oe21656.1/1953.09 IA. ` STATE OF OREGON SS, COUNTY OF �=� day of 1996, before: nle personally appeared On this DOROTHY A. SCHNIITZ, to me known be the Person described in and who executed the foregoing instrument and acknowledged to me that she executed the same as her free act and deed. ') ' No r State of Oregon My commission expires. 6nci1596.1/1057.09 LAND COURT SYSTEM REGULAR SYSTEM Return by Mail (X) Pickup ( ) TO : DENNIS W. SCHMITZ 1203 Shumway Road Powell Butte, OR 97753 HDS File No. 20-655/JG/Schmitz Trust Total Pages : TITLE OF DOCUMENT: QUITCLAIM DEED PARTIES TO DOCUMENT GRANTOR R. DEAN SCHMITZ and DOROTHY A. SCHMITZ, Co- Trustees of the R. Dean Schmitz and Dorothy A. Schmitz Joint Trust under unrecorded Trust Agreement dated December 30, 1992, as amended and restated by First Amended and Restated Trust Agreement dated February 19, 1993, and as further amended or restated including Amendment to First Amendment to First Amended and Restated Trust Agreement dated August 1, 1995 GRANTEE DENNIS W. SCHMITZ, a married man PROPERTY DESCRIPTION: DOCUMENT NO: 96-115786 All of Grantor' s interest in and to a portion of Grant 2467 to L . C . DOCUMENT NO. : Hanehane and Kaawapuupuuole, TRANSFER CERTIFICATE OF situate at Ookala, Manowaialee, TITLE NO (S) . : District of North Hilo, Island, County and State of Hawaii AFFECTS TAX MAP KEY (3) 3-9-001-024 1 EXHIBIT C QUITCLAIM DEED PARTIES : GRANTOR: R. DEAN SCHMITZ and DOROTHY A. SCHMITZ, Co-Trustees of the R. Dean Schmitz and Dorothy A. Schmitz Joint Trust under unrecorded Trust Agreement dated December 30, 1992, as amended and restated by First Amended and Restated Trust Agreement dated February 19, 1993, and as further amended or restated including Amendment to First Amendment to First Amended and Restated Trust Agreement dated August 1 , 1995 . GRANTEE : DENNIS W. SCHMITZ, a married man, whose mailing address is 1203 Shumway Road, Powell Butte, OR 97753 . PROPERTY DESCRIPTION: The property covered by this Quitclaim Deed is described in Exhibit "A" attached to this Deed. SALE AND TRANSFER OF PROPERTY: For valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby release, remise and quitclaim to the Grantee all of the Grantor ' s right, title and interest in and to the property described in Exhibit "A" attached hereto . SALE AND TRANSFER OF OTHER RIGHTS :. Grantor also does hereby release, remise and quitclaim to the Grantee, all of the Grantor ' s right, title and interest in the following: (A) All improvements located on the property; (B) All rights the Grantor has in other property because of Grantor ' s ownership of the property being sold (these rights are known as "easements and appurtenances") ; (C) All rents or royalties from the property; (D) Any mineral and metallic rights owned by the Grantor in the property; and 2 (E) All other rights or privileges that the Grantor owns because of Grantor ' s ownership of the property. GRANTEE ' S TENANCY: The Grantee will take and own the property as TENANT IN SEVERALTY. The Grantee will also own the other rights described above in the same tenancy. GRANTOR' S WARRANTIES : This is a Quitclaim Deed. The Grantor makes no representations, warranties or guarantees to the Grantee about the property or other rights being conveyed to the Grantee, whatsoever . DEFINITIONS : The words "Grantor" and "Grantee" include the persons named in this Deed and those who take over or succeed to that person ' s rights or interests, whether by purchase, inheritance, operation of law or otherwise . DATE : This Quitclaim Deed is being signed by the Grantor on the aM" day of 2020 h 1 1 { i 3 i a (t gi 4 "GRANTOR" R. DE N SCHMITZ - , /X",� " DO T Y A. SCH ITZ Co-Trustees of the R. Dean Schmitz and Dorothy A. Schmitz Joint Trust under unrecorded Trust Agreement dated December 30, 1992, as amended and restated by First Amended and Restated Trust Agreement dated February 19, 1993, and as further amended or restated including Amendment to First Amendment to First Amended and Restated Trust Agreement dated August 1, 1995 STATE OFRc�G ►J ) SS . COUNTY OF On this a5 �`"' day of PNery.Viems/ , 2020 , before me personally appeared R. DEAN SCHMITZ and DOROTHY A. SCHMITZ, to me personally known (or proved to me on the basis of satisfactory M evidence) , who being by me duly sworn or affirmed, did say that such persons executed the foregoing instrumen the free act and deed of such persons, and, if applicable, i th capacities shown, having been duly authorized to execute such instrument in such capacities . ary Public, State of Qrc��,� e) „ OFFICIAL STAMP MERCEDES WRIN RHODEN-FEELY NOTARY PUBLIC-OREGON My Commission Expires : COMMISSION NO.1000766 ISY COMMISSION EXPIRES JUNE 14,2024 (Type/print name of Notary Public) d; NOTE: At the request of the party seeking preparation of this document, Hawaii Document Service has not obtained a current title report nor otherwise verified the status of title. APPROVED AS TO FORM: HAWAII DOCUMENT SERVICE, GERALD A. GARCIA, ATTORNEY AT LAW 4 DESCRIPTION ALL OF GRANTOR' S RIGHTS, TITLE AND INTEREST IN AND TO THE FOLLOWING PROPERTY:. TMK: (3) 3-9-001--024 Being a portion of Grant 2467 to Hanehane and Kaawapuupuuole Situated at Ookala, Manowaialee, North Hilo, Hawaii Beginning at the Southwesterly corner of this parcel of land being the Northeasterly corner of Railroad Lot 161 being also the Northwesterly corner of Railroad Lot 160, the coordinates of said pint of beginning referred to Government Survey Triangulation Station "Humuula" being 6, 653 . 92 feet North and 1, 581 . 66 feet West, thence running by azimuths measured clockwise from True South : 1 . 1920 33 29" 558 . 46 feet along the remainder of Grant 2467; 2 . Along the shoreline in all its windings, the direct azimuth and distance being: 2570 58 ' 00" 265 . 58 feet; a 3 . Along the shoreline in all its windings, the direct azimuth and distance being: 302" 21 ' 00" 846. 90 feet; 4 . Along the middle of Alaialoa Gulch in all its windings, the direct azimuth and distance being: 260 54 ' 00 ' 478 . 77 feet; 5 . Along the middle of Alaialoa Gulch in all its windings, the direct azimuth and distance being: 5° 59 ' 00" feet 6 . Along the Northerly side of Railroad Lot 160 on a curve to the right with a radius of 686 . 88 feet, the chord azimuth and distance being : 1180 14 ' 01" 341 . 24 feet; 7 . 1320 37 ' 00" 590 . 00 feet along the Northerly side of Railroad Lot 160; EXHIBIT "A" 5 8 . Along the Northerly side of Railroad Lot 160 on a curve to the left with a radius of 1, 462 . 66 feet the chord azimuth and distance being: 1290 53 ' 58" 138 . 68 feet to the point of beginning and containing an area of 19 . 329 acres, more or less . TOGETHER WITH perpetual non-exclusive easements, in favor of and appurtenant to the said property described in Exhibit A of that certain Trustee' s Deed and Grant of Easements dated August 7, 1996, recorded August 12, 1996 as Document No. 96-115786 in the Bureau of Conveyances of the State of Hawaii, which descriptions are incorporated herein by reference as if fully set forth . Together with the right of entry, for the purposes of such easements, from any such easement area over, along and across the portions of the land immediately adjacent to such easement area; SUBJECT, HOWEVER, TO the terms, covenants, conditions, provisions, exceptions, and reservations regarding such grant of easements as contained in, and described in that certain Trustee' s Deed and Grant of Easements dated August 7, 1996, recorded August 12, 1996 as Document No . 96-115786 in the Bureau of Conveyances of the State of Hawaii, which are incorporated herein by reference as if fully set forth . Being the property conveyed to R. DEAN SCHMITZ and DOROTHY A. SCHMITZ, Co-Trustees of the R. Dean Schmitz and Dorothy A. Schmitz Joint Trust under unrecorded Trust Agreement dated December 30, 1992, as amended and restated by First Amended and Restated Trust Agreement dated February 19, 1993, and as further amended or restated including Amendment to First Amendment to First Amended and Restated Trust Agreement dated August 1, 1995, by Trustee' s Deed and Grant of Easements dated August 7, 1996, recorded August 12, 1996 as Document No . 96-115786 in the Bureau of Conveyances of the State of Hawaii . SUBJECT, HOWEVER, to the following: 1 . Reservation in favor of the State of Hawaii of all mineral and metallic mines . 2 . Any unrecorded leases and matters arising from or affecting the same . EXHIBIT "A" CONTINUED a 6 N 3 . Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct boundary and improvement survey or archaeological study would disclose, including without limitation, trails, rights of way, historic property and burial sites . 4 . Claims arising out of rights customarily and traditionally exercised for subsistence, cultural, religious, access (including but not limited to access to the sea) or gathering purposes as provided for in the Hawaii Constitution or the Hawaii Revised Statues . 5 . Location of the seaward boundary in accordance with the laws of the State of Hawaii and shoreline setback line in accordance with County regulation and/or ordinance and the effect, if any, upon the area of the land described herein . 6 . Terms, covenants, conditions, provisions, exceptions, and reservations regarding said easements or otherwise affecting said parcels, as set forth in the foregoing deed. 7 . Grant of Easement to Hawaii Electric Light Company, Inc . , a Hawaii corporation, and to GTE HAWAIIAN TELEPHONE COMPANY INCORPORATED, a Hawaii corporation (now known as Hawaiian TelCom Inc . ) , granted by Grant of Easement dated December 16, 1996, recorded February 12, 1997, as Document Nos . 97-019865 Thru 97-019867 . 8 . Any and all easements, terms, covenants, conditions, provisons, exceptions, restrictions and reservations, restrictions, descriptions, contained in that certain Trustee' s Deed and Grant of Easements dated August 7 , 1996, recorded August 12, 1996 as Document No . 96-115786 in the Bureau of Conveyances of the State of Hawaii, and in the prior recorded instruments and deeds described therein . 9 . Any and all liens and encumbrances of record. END OF EXHIBIT "A" 7 a LAND USE COMMISSION 'v� , DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT&TOURISM DAVID Y.IGE ` DANIEL ORODENKER GOVERNOR OFFICE OF PLANNING&SUSTAINABLE DEVELOPMENT EXECUTIVE OFFICER ' > 235 S.Beretania Street,RM 406,Honolulu,Hawaii 96813 Telephone: (808)587-3822 Mailing Address: P.O.Box 2359,Honolulu,Hawaii 96804 Fax: (808)587-3827 " » Email Address:dbedt.luc.web@hawaii.gov Website: luc.hawaii.gov October 3, 2022 Daryn Arai Land Use Planning Consultant P.O. Box 4501. Hilo, Hawaii 96720 Dear Mr. Arai, Subject : BOUNDARY INTERPRETATION NO. 22-02 Tax Map Key: 3-9-001: 024, Ookala, North Hilo, Hawaii Pursuant to your letter dated February 02, 2022, requesting a boundary interpretation for the subject parcel, please be advised that we have determined the location of the State Land Use (SLU) Urban / Agricultural /Conservation District Boundaries. Our determination is based on the commission's record currently on file at our office, the certified shoreline survey map dated January 14, 2022, and especially the location of the SLU District Boundaries on the official SLU District Boundaries Map H-51, Kukaiau Quadrangle. As depicted on your survey map, we confirm approximately 20.027 acres is SLU Agricultural District for the subject parcel and both SLU Urban District located on the west side of the property and SLU Conservation District located at the certified shoreline or norther side of the subject parcel. We enclosed a copy of the survey map entitled, "Shoreline Survey of Parcel 24 of Tax Map Key: (3) 3-9- 001", with the certification of the SLU Urban /Agricultural /Conservation District Boundaries for your reference. Should you reclarification or further assistance, please feel free to call Fred Talon of my staff at 808.587.3822. Sincerely, DANIEL E. ORODENKER Executive Officer Enclosure: c: Tiger Mills, Acting Administrator, Office of Conservation & Coastal Lands, Department of Land and Natural Resources, (w/enclosure) Zendo Kern, Planning Director, Planning Department, County of Hawaii (w/enclosure) Dawn Matney, Tax Maps and Records, Supervisor, Department of Finance, County of Hawaii (w/enclosure) Lisa Nahoopii, GIS Analyst, County of Hawaii (w/enclosure) EXHIBIT D Y� * � 0m Nolsslwwo3 3sn aNvl _ Y IIVMVH 4031V1$. o s E nag 6 0 83A i m p = N g N Q a i t� * gig �Y �p s 4 t Lord of Monowaiolee m the Go"IrnmepfOA Gukf 1\f 9 Land of pokola centeand of a l y nt(Crown f0o�October 20�12621 3 02/ f• t9 51 of Govern r portions cis locatedS i 32� o—£•r—zi —,z£.i£ 6� �yp sz I I 35r5 •� ;ItY �I f. o -,- \ m x I � o 9 �'�II x1 p o / � tlf�I��f 6 b OI O v � c I>> a Q o 1 �1 C m 7 � •m V yb V 6 0 3 m 1 2 =0 N --- t r c N —---._ --- --- -- -- m t} - t T c w v > o O Ease - ca•- --- 1-mt! _ �p m N p cu It L � 5oE d 15-o o O t * 5,0 m m U O irecord)46 y77 4B N('yb m 0 0-ZZ *ON NOL UVJL3 id1dRJ, 1 - N S N Mitchell D.Roth r OF.m,!iq Zendo Kern Mayor ��`iliit, Director Lee E.Lord Jeffrey W.Darrow Managing Director Deputy Director t,TE 6FM�'� West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawai 1 Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 February 9, 2023 Daryn Arai P.O. Box 4501 Hilo, HI 96720 Dear Mr. Arai: SUBJECT: General Plan LUPAG Map Determination TMK: (3) 3-9-001:024, `O`okala, North Hilo, Hawaii This is in response to your December 3, 2022, letter requesting a determination of the LUPAG map designation for the subject property. The subject parcel is in the State Land Use Agricultural district and zoned Agricultural (A-20a). The majority of the parcel is also within the Special Management Area(SMA). As you noted in your request, the General Plan's Land Use Pattern Allocation Guide (LUPAG) map was not intended to give precise metes and bounds of future land uses. It is meant to depict the general locations of future uses. The LUPAG map for the subject parcel indicates: (1) Industrial on the northern end of the property; (2) Urban Expansion on the southern end of the property; (3) A sliver of Low Density Urban; and (4) A band of Open along the shoreline. After an assessment of the intent of the LUPAG in the area, it is clear that the Industrial node is meant to designate the industrially zoned former sugar mill area to the north of the subject property. With that in mind, the Planning Director affirms the interpretation that the LUPAG map designation for the subject parcel is Urban Expansion. However, please note the Hamakua Community Development Plan, adopted by Ordinance No. 2018-78, designates the subject parcel as Important Agricultural Lands. Future land use decisions, including revisions to the General Plan LUPAG, will take that into consideration. www.planning.hawaiicounty eov Hawaii County is an Equal Opportunity Provider and Employer planning @hawaiicounty eov EXHIBIT E Mr. Daryn Arai February 9, 2023 Page 2 Should you have any questions, please feel free to contact Bethany Morrison of our office at (808) 961-8138. Sincerely, ,79490 Jef��W.Darrow for(Feb 10,2023 12:44 HST) ZENDO KERN Planning Director BJM:cv \\coh0l\planning\public\wpwin60\Bethany\General Zoning Inquiries\Schmitz LUPAG determination.doc DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII H I LO, HAWAI I DATE: April 24, 2023 TO: Planning Director FROM: Department of Public Works, Engineering Division SUBJECT: Special Management Area Use Permit Application (PL-SMA-2023-000029) Request: Proposed 4-Lot Agricultural Subdivision Consisting of Lots Minimum 5-Acres in Size with Related Subdivision Improvements Change of Zone Application (PL-REZ-2023-000041) Request: Agricultural - 20 Acres (A-20a) to Agricultural-5 acres (A-5a) Applicant: Dennis Schmitz TMK: 3-9-001:024 We have reviewed the subject request dated March 24, 2023 and offer the following comments for your consideration: 1. All earthwork and grading shall conform to Chapter 10, Erosion and Sediment Control, of the Hawaii County Code (HCC). Agricultural operations may qualify for a conservation program with the applicable soil and water conservation district. An approved conservation program would be an exclusion to Chapter 10. 2. All development-generated runoff shall be disposed of on site and not directed toward any adjacent properties. 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. 4. This development does not front a County right-of-way, therefore there is no recommendation for improvements to the frontage. Questions may be referred to Robyn Matsumoto at 961-8924. u�lanning Dept. County of Hawaii is an Equal Opportunity Provider and Employer Exhibit 3 ok\SAiCk.S•C A i� 1.e I�' DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAVI �`' �-•..••• -o�� 345 KEKUANAO'A STREET, SUITE 20 HILO, HAWAI'I 96720 TELEPHONE (808) 961-8050 • FAX (808)961-8657 April 13, 2023 GOH PL 1-NN1-NG d`PT TO: Mr. Zendo Kern, Director Planning Department FROM: Keith K.Okamoto, Manager—Chief Engineer SUBJECT: Special Management Area Use Permit Application(PL-SMA-2023-000029) Request—Proposed 4-Lot Agricultural Subdivision Consisting of Lots Minimum 5-Acres in Size with Related Subdivision Consisting of Lots Minimum 5-Acres in Size with Related Subdivision Improvements Change of Zone Application (PL-REZ-2023-000041) Request -Agricultural—20 Acres(A-20a)to Agricultural—5 Acres(A-5a) Applicant—Dennis Schmitz Tax Map Key 3-9-001:024 We have reviewed the subject application and have the following comments and conditions. Water can be made available from an existing 6-inch waterline along Old MAmalahoa Highway. approximately 1,000 feet from the subject property. In accordance with the Department's existing water availability conditions, the water availability for the proposed lots is subject to change without notice. Therefore, pursuant to Rule 5 of the Department's Rules and Regulations, a copy of which is being forwarded to the applicant, a water commitment may be issued. Based on the 3 additional units requested in the proposed 4-lot development, the required water commitment deposit is $450.00. Remittance by the applicant of the$450.00 is requested as soon as possible so that a water commitment may be formally issued. The commitment will be in writing with specific conditions and effective dates stated. Please keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially effected, water availability is subject to change without notice, depending on the water situation_ The subdivision application may be granted water service upon compliance with the following conditions: I. Construct necessary water system improvements,which shall include. but not be limited to: a. service laterals that will accommodate a 5/8-inch meter to front each lot, b. water mains capable of providing water at adequate pressure under peak flow and fire-flow conditions: minimum diameter of which shall be 6 inches,and c. subject to other agencies' requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development,the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities. should they be necessary. Pla nning �F:�3i. . . . 'Water, Our9WostP W recioussource . . . Xa 'WaiA Pl pane . . . ann�t � The Department of Water Supply is an Equal Opportunity provider and employer. Mr. 7endo Kern. Director Page 2 April 13. 2023 2. Submit construction plans prepared by a professional engineer, registered in the State of Hawaii, for review and approval. 3. Remit the prevailing facilities charge, which is subject to change,as shown below: FACILITIES CHARGE(FC): I I service Paid Three(3)additional units(d). 095.001unit $18 285.00 Total FC $18,285.00 This is due and payable upon completion of the installation of the required water system improvements and prior to final subdivision approval being granted. For your information, water commitment deposits are credited towards the final facilities requirement for the development. Note that the amount of water commitment deposit may exceed the prevailing facilities charge amount; for example,when requests for time extensions continue and are approved. Until the development is finally completed, these are separate and unrelated items. In the event that water commitment deposits exceed the facilities charge, no refunds are applicable. 4. Should it be necessary, the appropriate documents- shall be submitted,properly prepared and executed,to convey the water systern improvements and necessary easements to the Water Board of the County of Hawaii prior to final subdivision approval being granted. A registered land surveyor shall stamp and certify the metes and bounds description within the conveyance documents. However, prior to water meter services being granted to the development, or any lots within,the conveyance documents shall be accepted by the Water Board. Should there be any questions, please contact Mr.Troy Samura of our Water Resources and Planning Branch at (808)461-8070.extension 255. Sincerely yours, �P�N+ Keith K. Okamoto.P.E. Manager—Chief Engineer TS:smc copy—Dennis Schmitz(wl copy of Rule 5 of the Rules and Regulations) ov NATRRSG am ••.nb 04i" "fc \ IBi 249 DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAVI `�• •-•-.••'e�3 345 KEKUANAO'ASTREET, SUITE 20 HILO, HAWAI'I 96720 Op iIAWA\\. TELEPHONE (808)961-8050 • FAX (808)961-8657 Max: 18. 2023 Mr. Dennis W. Schmitz OOH PLANNING [KEPTMAY 19 2023 PM2:00 P. 0. Box -6 •O"C)kala. HI 96774 Dear Mr. Schmitz: Subject: Water Commitment Deposit for Special Management Area Use Permit Application (PL-SMA-2023-000029) Request Proposed 4-Lot Agricultural Subdivision Consisting of Lots Minimum 5-Acres in Size with Related Subdivision Consisting of Lots Minimum 5-Acres in Size with Related Subdivision Improvements Change of Zone Application(PL-REZ-2023-000041) Request - Agricultural—20 Acres (A-20a) to Agricultural —5 Acres (A-5a) Applicant Dennis Schmitz Tax Map Key 3-9-001:024 This is to ackno,"ledge receipt of the required $450.00 water commitment deposit for a water commitment time extension for the subject application. Pursuant to Rule 5 of the Department's Rules and Regulations. a water commitment for the proposed development in the amount of 1,200 gallons per day, or three (3) additional units of water at an average usage of 400 gallons per day, per unit, is hereby granted anti l May 31,2026, with the following conditions: I. Construct necessary water system improvements. which shall include, but not be limited to: a. service laterals that will accommodate a i!8-1nch meter to front each lot. b. water mains capable of providing water at adequate pressure under peak-ilo,v and tire-tlo\,i conditions: minimum diameter of which shall be 6 inches. and C. subject to other agencies' requirements to construct improvements within the road right-of-wax fronting the property affected by the proposed development. the applicant shall be responsible for the relocation and adjustment of the Departments aftected water system facilities, should they be necessary. 2. , Submit construction plans prepared by a professional engineer, registered in the State of l lawai-i. for review and approval. . . . Water, Our lost Trecious Pesource. . . Xa Wai Planning Deft. A Kdne . . . Planning rt � The Department of Water Supply is an Equal Opportunity provider and employer. Mr. Dennis W. Schmitz Page 2 May 18. 2023 3. Remit the prevailing facilities charge, which is subject to change, as shown below: WATER COMMITMENT DEPOSIT (WCD): 3 additional units $150.00/unit ($450.00) Total WCD ($450.00) FACILITIES CHARGE. (FC): I ` service Paid 3 additional units aa,$6,095.00/unit $18,285.00 Facilities Charge Balance $17,835.00 This is due and payable upon completion of the installation of the required water system improvements and prior to final subdivision approval being granted. For your information, water commitment deposits are credited towards the final facilities requirement for the development. Note that the amount of water commitment deposit may exceed the prevailing facilities charge amount; for example, when requests for time extensions continue and are approved. Until the development is finally completed, these are separate and unrelated items. In the event that water commitment deposits exceed the facilities charge, no refunds are applicable. 4. Should it be necessary, the appropriate documents shall be submitted, properly prepared and executed, to convey the water system improvements and necessary easements to the Water Board of the County of Hawaii prior to final subdivision approval being granted. A registered land surveyor shall stamp and certify the metes and bounds description �tiithm the conveyance documents. However, prior to water meter services being granted to the development, or any lots within, the conveyance documents shall be accepted by the Water Board. 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, Keith K. Okamoto, P.E. Manager-Chief Engineer TS:dfg copy - Planning Department J+<v Job 44 �y Mitchell D. Roth °' Benjamin T. Moszkoicicz �6th' Polwe Cheel ,l hivor a; �a ,��•Of'N County of Hawai' i POLICE DEPARTMENT 349 Kapi'ulani Street • I lilo,1lawai'i 96720_3999 lr 1H PLANNING DEP (808)935-331 1 1:ac(808)961-2389 APR 2023 FH2.32 April 4, 2023 TO ZE DO KERN, P ING DIRECTOR FROM eT4HV 4r' STANT POLICE CHIEF AREA I OPNSAU SUBJECT: SPECIAL MANAGEMENT AREA USE PERMIT APPLICATION (PL-SMA- 2023-000029); REQUEST: PROPOSED 4-LOT AGRICULTURAL SUBDIVISION CONSISTING OF LOTS MINIMUM 5-ACRES IN SIZE WITH RELATED SUBDIVISION IMPROVEMENTS; CHANGE OF ZONE APPLICATION (PL-REZ-2023-000041); REQUEST: AGRICULTURAL — 20 ACRES (A-20A) to AGRICULTURAL — 5 ACRES (A-5A); APPLICANT: DENNIS SCHMITZ; TAX MAP KEY: (3) 3-9-001:024, NORTH HILO, HAWAII Staff, upon reviewing the provided documents, does not anticipate any significant impact to traffic and/or public safety concerns. Thank you for allowing us the opportunity to comment. If you have any questions, please contact Captain Reynold Kahalewai, Hamakua Patrol, at 775-7533 or via email at reynold.kahalewai@hawaiicounty.gov. RKAH/23HQ0403 Planning Dep .. "Mawai'i County is an Equal Opportunity Providcr and Employer' Exhib%t, �.� HAWAII FIRE DEPARTMENT . COUNTY OF HAWAII . HILO, HAWAII 96720 DATE April 10, 2023 Memorandum TO MARYAM PALMA, COUNTY OF HAWAII, PLANNING DEPT. FROM : CAPTAIN CLINTON BAYBAYAN, FIRE PREVENTION BRANCH SUBJECT: DENNIS SCHMITZ, SMA USE PERMIT APPLICATION (PL-SMA-2023- 000029), SMA USE AND SUBDIVISION APPLICATION In regards to the above-mentioned project, Fire Department Access and Water Supply shall comply with Chapter 18 of the 2018 Hawaii State Fire Code and Chapter 26 of the Hawaii County Code. For any questions, please email Clinton.Bavbayan(a hawaiicoun ov or call 808-323-4761. Respectfully Submitted, gff�_ Clinton Baybayan Fire Prevention Captain Fire Prevention Branch Hawaii Fire Department Planning Deps. Exhibit 7 JOSH GREEN, M.D. of KENNETH S. FINK, M.D,MGA, MPH 9 GOVERNOR OF HAWAII E............r. 9 `•.tiy DIRECTOR OF HEALTH KE KIA'AINA0 KA MOKU'AINA0 HAWAI'I yt'� 33aa KA LUNA HO'OKELE e�'o.utarao'�' STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HI LO, HAWAII 96721-0916 MEMORANDUM DATE: April 14, 2023 TO: Mr. Zendo Kern Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Special Management Area Use Permit Application (PL-SMA-2023-000029) Request: Propose 4-Lot Agricultural Subdivision Consisting of Lots Minimum 5-Acres in Size with Related Subdivision Improvements Change of Zone Application (PL-REZ-2023-000041) Request: Agricultural —20-Acres to Agricultural — 5-Acres Applicant: Dennis Schmitz TMK: 3-9-001:024,North Hilo, Hawaii In most cases,the District Health Office will no longer provide individual comments to agencies or project owners to expedite the land use review and process. Agencies,project owners, and their agents should apply Department of Health "Standard Comments" regarding land use to their standard project comments in their submittal. Standard comments can be found on the Land Use Planning Review section of the Department of Health website: https://health.hawaii.gov/epo/ianduse/. Contact information for each Branch/Office is available on that website. Note: Agencies and proiect owners are responsible for adhering to all applicable standard comments and obtaining proper and necessary permits before the commencement of any work. General summary comments have been included for your convenience. However, these comments are not all-inclusive and do not substitute for review of and compliance with all applicable standard comments for the various DOH individual programs. Clean Air Branch Panning Dept. Exhibit 8 Zendo Kern April 14, 2023 Page 2 of 4 1. All project activities shall comply with the Hawaii Administrative Rules (HAR), Chapters 11-59 and 11-60.1. 2. Control of Fugitive Dust: You must reasonably control the generation of all airborne, visible fugitive dust and comply with the fugitive dust provisions of HAR §11-60.1-33. Note that activities that occur near existing residences, businesses,public areas, and major thoroughfares exacerbate potential dust concerns. It is recommended that a dust control management plan be developed which identifies and mitigates all activities that may generate airborne and visible fugitive dust and that buffer zones be established wherever possible. 3. Standard comments for the Clean Air Branch are at: hllps://health.hawaii.gov/epo/Ianduse/ Clean Water Branch 1. All project activities shall comply with the HAR, Chapters 11-53, 11-54, and 11-55. 1. The following Clean Water Branch website contains information for agencies and/or project owners who are seeking comments regarding environmental compliance for their projects with HAR, Chapters 11-53, 11-54, and 11-55: hLtps:Hhealth.hawaii.gov/cwb/clean-water-branch-home- page/cwb- standard-comments/. Hazard Evaluation & Emergency Response Office 1. A Phase I Environmental Site Assessment(ESA) and Phase 11 Site Investigation should be conducted for projects wherever current or former activities on site may have resulted in releases of hazardous substances, including oil or chemicals. Areas of concern include current and former industrial areas, harbors, airports, and formerly and currently zoned agricultural lands used for growing sugar, pineapple or other agricultural products. 2. Standard comments for the Hazard Evaluation & Emergency Response Office are at: h=s:Hhealth.hawaii.aov/epo/landuse/. Indoor and Radiological Health Branch 1. Project activities shall comply with HAR Chapters 11-39, 11-45, 11-46, 11-501, 11- 502, 11-503, and 11-504. 2. Construction/Demolition Involving Asbestos: If the proposed project includes renovation/demolition activities that may involve asbestos, the applicant should contact the Asbestos and Lead Section of the Branch at hLtps:Hhealth.hawaii.gov/irhb/asbestos/. Safe Drinking Water Branch 1. Agencies and/or project owners are responsible for ensuring environmental compliance for their projects in the areas of 1)Public Water Systems; 2) Zendo Kern April 14, 2023 Page 3 of 4 Underground Injection Control; and 3) Groundwater and Source Water Protection in accordance with HAR Chapters 11-19, 11-20, 11-21, 11-23, 11-23A, and 11- 25. They may be responsible for fulfilling additional requirements related to the Safe Drinking Water program: hgps:Hhealth.hawaii.gov/sdwb/. 2. Standard comments for the Safe Drinking Water Branch can be found at: https:Hhealth.hawaii._gov/epo/landuse/. Solid &Hazardous Waste Branch 1. Hazardous Waste Program - The state regulations for hazardous waste and used oil are in HAR Chapters 11-260.1 to 11-279.1. These rules apply to the identification, handling, transportation, storage, and disposal of regulated hazardous waste and used oil. 2. Solid Waste Programs - The laws and regulations are contained in HRS Chapters 339D, 342G, 342H, and 342I, and HAR Chapters 11-58.1 and 11-282. Generators and handlers of solid waste shall ensure proper recycling or disposal at DOH-permitted solid waste management facilities. If possible,waste prevention, reuse, and recycling are preferred options over disposal. The Office of Solid Waste Management also oversees the electronic device recycling and recovery law, the glass advanced disposal fee program, and the deposit beverage container program. 3. Underground Storage Tank Program —The state regulations for underground storage tanks are in HAR Chapter 11-280.1. These rules apply to the design, operation, closure, and release response requirements for underground storage tank systems, including unknown underground tanks identified during construction. 4. Standard comments for the Solid& Hazardous Waste Branch can be found at: hilps:Hhealth.hawaii.gov/epo/landuse/. Wastewater Branch For comments,please email the Wastewater Branch at.doh.wwb2doh.hawaii.gov. Sanitation/Local DOH Comments: 1. Noise may be generated during demolition and/or construction. The applicable maximum permissible sound levels, as stated in Title 11, HAR, Chapter 11-46, "Community Noise Control," shall not be exceeded unless a noise permit is obtained from the Department of Health. 2. According to HAR §11-26-35,No person, firm, or corporation shall demolish or clear any structure,place, or vacant lot without first ascertaining the presence or absence of rodents that may endanger public health by dispersal from such premises. Should any such inspection reveal the presence of rodents, the rodents shall be eradicated before demolishing or clearing the structure, site, or vacant lot. Zendo Kern April 14, 2023 Page 4 of 4 A demolition or land clearing permit is required prior to demolition or clearing. Other 1. CDC - Healthy Places - Healthy Community Design Checklist Toolkit recommends that state and county planning departments, developers,planners, engineers, and other interested parties apply these principles when planning or reviewing new developments or redevelopment projects. 2. If new information is found or changes are made to your submittal, DOH reserves the right to implement appropriate environmental health restrictions as required. Should there be any questions on this matter,please contact the Department of Health, Hawaii District Health Office, at(808) 933-0917. °.. " STATE OF HAWAH JOSH GREEN,M.O. GOVERNOR OFFICE OF PLANNING & SUSTAINABLE DEVELOPMENT s GLE"" INTERIM DIRECTOR 235 South Beretania Street,6th Floor, Honolulu, Hawaii 96813 Telephone: (808)587-2846 Mailing Address: P.O. Box 2359, Honolulu, Hawaii 96804 Fax: (808)587-2824 Web: https://planning.hawaii.gov/ Coastal zone DTS 202303291508NA Management Program April 19, 2023 Environmental Review Program Land Use Commission Mr. Zendo Kern, Director Department of Planning Land Use Division County Of Hawaii Special Plans Branch East Hawaii Office 101 Pauahi Street, Suite 3 State Transit-Oriented Hilo, Hawaii 96720 Development Statewide Geographic Attn: Ms. Maryam Palma Information System Dear Mr. Kern: Statewide Sustainability Branch Subject: Special Management Area Use Permit Application (PL-SMA-2023- 000029) and Change of Zone Application (PL-REZ-2023-000041) for Agricultural-20 Acres (A-20a) to Agricultural-5 Acres (A-5a) in Support of Proposed 4-Lot Agricultural Subdivision Consisting of Lots Minimum 5-Acres in Size with Related Subdivision Improvements; North Hilo, Hawaii; Tax Map Key: (3) 3-9-001: 024. Thank you for the opportunity to provide comments on Special Management Area (SMA) Use Permit Application (PL-SMA-2023-000029) and Change of Zone Application (PL-REZ-2023-000041), transmitted via memorandum dated February 24, 2023, to request a change of zone for a 20.027 acre parcel from an Agricultural-20 acres (A-20a) to an Agricultural-5 acre (A-5a) zoning district in support of a proposed 4-lot subdivision with lots at least 5 acres in size, situated along the coastal section of `O`Okala Village in the North Hilo District. The proposed A-5a zoning and 4-lot subdivision will continue to promote the current agricultural use of the subject property at a smaller scale. According to the subject applications, the requested change of zone to an A-5a zoning district and a SMA Use Permit will support the proposed project, which consists of the following details: 0 4-lot subdivision with lots at least 5 acres in size. o Primary access from Old Mamalahoa Highway to the proposed subdivision will be provided by a series of existing minimum 50-foot wide former sugar cane haul roads. Planning Dept. Exhibit _-- 9 Mr. Zendo Kern April 19, 2023 Page 2 o Existing access to the subject property is provided via a series of 40-foot wide access and utility easements between the Old Mamalahoa Highway and the subject property. o The applicant has been coordinating with the mauka adjoining neighbor to coordinate access and utility improvements. The proposed 4-lot subdivision will be serviced by existing and proposed roadways, both County-owned and maintained as well as private agricultural-standard roadways. The entire project site is designed within Zone "X" - determined to be outside the 500- year flood plain. The subject property is situated within the Special Management Area with direct frontage along the coastline cliff. The subject property is not subject to coastal flooding nor impacts due to sea level rise due to its elevation in excess of 200 feet above mean sea level. Upon the issuance of tentative subdivision approval, the applicant anticipates that the design and construction of required subdivision-related improvements will take about 3 years. Anticipated site development and infrastructure systems will be somewhere around $200,000. The Office of Planning and Sustainable Development(OPSD) has reviewed the subject applications and has the following comments to offer. 1. Given that a SMA Use Permit will support the proposed change of zone for a parcel from an Agricultural-20 acres (A-20a) to an Agricultural-5 acre (A-5a) zoning district in support of a proposed 4-lot subdivision with lots at least 5 acres in size, the proposed Change of Zone and subdivision shall meet the requirements of site development and infrastructure systems completed by the SMA permit expiration date. 2. If the proposed action disturbs one acre or more of land, or involves dewatering discharge activities, the applicant should consult with the Clean Water Branch, State of Hawaii Department of Health, for the requirement of a National Pollutant Discharge Elimination System Permit for the associated construction. 3. Excavation and grading activities, and/or new structures shall be avoided within the shoreline area determined by the County of Hawaii Planning Department. The OPSD recommends that that site-specific mitigation measures shall be implemented to prevent any runoff, sediment, soil and debris potentially resulting from associated construction activities, including excavation, grading and staging, from adversely impacting the coastal ecosystem and the State waters as specified in Hawaii Administrative Rules Chapter 11-54. Mr. Zendo Kern April 19, 2023 Page 3 If you have any questions regarding this comment letter,please contact Shichao Li of our office at(808) 587-2841 or by email at shichao.li@hawaii.gov. Sincerely, for Scott J. Glenn Interim Director JOSH GREEN,M.D. DAWN N.S.CHANG GOVERNOR KE KIA,AINA CHAIRPERSON � BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT SYLVIA LUKE LIEUTENANT GOVERNOR I KA HOPE KIA'AINA LAURA H.E.KAAKUA O F FIRST DEPUTY 4 e.tA ggs`'a.h'v. M.KALEO MANUEL y DEPUTY DIRECTOR-WATER d an "xf` AQUATIC RESOURCES P 9 f BOATING AND OCEAN RECREATION `& a BUREAU OF CONVEYANCES COMMISSION ON WATER RESOURCE MANAGEMENT CONSERVATION AND COASTAL LANDS CONSERVATION AND RESOURCES ENFORCEMENT ENGINEERING FO RESTRY AND WILDLIFE 'S�dte ofNa`Na� HISTORIC PRESERVATION KAHOO LAWE ISLAND RESERVE COMMISSION LAND STATE OF HAWAII I KA MOKU`AINA`O HAWAVI STATE PARKS DEPARTMENT OF LAND AND NATURAL RESOURCES KA`OIHANA KUMUWAIWAI`AINA STATE HISTORIC PRESERVATION DIVISION KAKUHIHEWA BUILDING 601 KAMOKILA BLVD,STE 555 KAPOLEI,HAWAII 96707 May 31,2023 IN REPLY REFER TO: Zendo Kern,Director Project No. 2023PR00541 Planning Department Doc.No. 2305JG26 County of Hawaii Archaeology Hilo,HI 96720 101 Pauahi Street,Suite 3 planning a�.hawaiicounty.gov Dear Mr. Kern: SUBJECT: Chapter 6E-42 Historic Preservation Review County of Hawaii Change of Zone Permit and Special Management Area Use Permit Applicant: Dennis Schmitz `O`okala Ahupua`a,North Hilo District,Island of Hawaii TMK: (3)3-9-001:024 This letter provides the State Historic Preservation Division's (SHPD's) review of the subject permit applications received by our office on May 1, 2023. The current submittal included a SMA Use Permit Application, a Change of Zone Permit application, an environmental report in support of both applications, a site plan, and a satellite image of the project area. The applicant proposes the rezoning of a 20.027-acre parcel from an Agricultural-20 acres(A-20a)to an Agricultural- 5 acre (A-5a) zoning district in support of a proposed 4-lot subdivision with lot sizes at least 5 acres in size and an SMA Use Permit-, ground-disturbing activities proposed for the current project will be limited to the installation of water meters along the existing Moonlight Road. A review of SHPD records indicates that no archaeological inventory survey has been conducted within the subject parcel, and that no historic properties have been identified previously within the project area-, however, SHPD GIS data indicates that the project area is located within Site#50-10-09-07409 (`O`okala Historic District). The submittal materials indicates that the proposed project area has been previously impacted by the development of the existing residence and ground-disturbing activities associated with prior and current agricultural use.Moreover,historic(1965) and contemporary aerial imagery indicates that the subject project area has been previously impacted by sugarcane cultivation activities and pasture use. Thus,it is unlikely that any unidentified surface historic properties remain intact within the current project area. Based on the information below, SHPD's determination is no historic properties affected for the current project. Pursuant to HAR§13-284-7(e),when the SHPD agrees that the action will not affect any significant historic properties, this is the SHPD's written concurrence and historic preservation review ends.The historic preservation review process is ended. The permit issuance process may proceed. Attach to permit: If historic properties such as lava tube openings, concentrations of artifacts, structural remains or human skeletal remains are found during construction activities please cease work in the immediate vicinity of the find,protect the find from additional disturbance, and contact the State Historic Preservation Division at(808) 933- 7651. Planning Dept. Exhibit 10 Mr.Kern May 31,2023 Page 2 Please contact Joshua Gastilo at Joshua.gastiloghawaii.gov for any questions or concerns regarding this letter. Aloha, Alan S.Downer,PhD Administrator, State Historic Preservation Division Deputy State Historic Preservation Officer cc: Tracie-lee Camero,tracie-lee.camero(a_hawaiicounty. oovv Daryn Arai,Dar,n.araigoutlook.com TL.__ SE OR H, JOSH GREEN,M.D. DAWN N.S.CHANG GOVEMOR I KE KIA'AINA CHAIRPERSON BOARD OF LAND AND NATURAL RESOURCES SYLVIA LUKE COMMISSION ON WATER RESOURCE LIEUIENAM GOVERNOR I KA HOPE KIA AINA �� -V�_.J MANAGEMENT STATE OF HAWAI9 KA MOKU'AINA'O HAWAI'1 'ypp23 �� I P ; DEPARTMENT OF LAND AND NATURAL RESOURCEY s�Pdwoo KA'OIHANA KUMUWAIWAI'AINA LAND DIVISION P.O.BOX621 ''; HONOLULU,HAWAII 96809 March 29, 2023 MEMORANDUM TO: DLNR Agencies: X Div. of Aquatic Resources(Qlenn.r.higashi(a)hawaii.gov) _Div. of Boating&Ocean Recreation X Engineering Division (DLNR.ENGR(a)hawaii.clov) X Div. of Forestry&Wildlife(rubyrosa.t.terrago(a_hawaii.gov) Div. of State Parks X Commission on Water Resource Management(DLNR.CWRM(a)-hawaii.gov) X Office of Conservation& Coastal Lands(sharleen.k.kuba(a)-hawaii.clov) X Land Division—Hawaii District(gordon.c.heit(cDhawaii.gov) X Aha Moku Advisory Committee (lei mana.k.damate(a-Dhawaii gov) FROM: Russell Y. Tsuji, Land Administrator Ru�rf.yz SUBJECT: Special Management Area Use Permit Application (PL-SMA-2023-000029) Request for Proposed 4-Lot Agricultural Subdivision Consisting of Lots Minimum 5-Acres in Size with Related Subdivision Improvements; and Change of Zone Application (PL-REZ-2023-000041) — Request from Agricultural-20 Acres(A-20a)to Agricultural-5 Acres(A-5a) LOCATION. North Hilo, Island of Hawaii;TMK. (3) 3-9-001:024 APPLICANT: County of Hawaii on behalf of Dennis Schmitz Transmitted for your review and comment is information on the above-referenced subject matter. Please submit comments by April 21, 2023. 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.nakamura(cDhawaii.gov. Thank you. BRIEF COMMENTS: I ( ) We have no objections. M.D XQ J Or-hb7l it) ( ) We have no comments. ) e have no additional comments.� ,�. ` ,�5,�/l-1�1U .�) y►'w Gomm nt *ude Signed: �^ Print Name: Division: Date: 18 arm.�-- Attachments Planning Dept. Exhibit 11 JOSH GREEN,M.D. O F,1, DAWN N.S.CHANG GOVERNOR;KE KIA AINA ► `'�.h' CHAIRPERSON 4 s„�9 q��• ' BOARD OF LAND AND NATURAL RESOURCES BOARD COMMISSION ON WATER RESOURCE SYLVIA LUKE '`."� LIEUTENANT GOVERNOR KA HOPE KIA AINA y 1 MANAGEMENT LAURA H.E.KAAKUA andFIRST DEPUTY ,P ti,,,.�.✓,. M.KALEO MANUEL DEPUTY DIRECTOR-WATER X" AQUATIC RESOURCES BOATING AND OCEAN RECREATION KA MOKU'AINA'O HAWAI'I BUREAU OF CONVEYANCES COMMISSION ON WATER RESOURCE DEPARTMENT OF LAND AND NATURAL RESOURCES MANAGEMENT �atoolf CONSERVATION AND COASTAL LANDS KA'OIHANA KUMUWAIWAI'AINA CONSERVATIORCEM RESOURCES ENFORCEMENT OFFICE OF CONSERVATION AND COASTAL LANDS ENGINEERING FORESTRY AND WILDLIFE P.Q.BOX 621 HISTORIC PRESERVATION HONOLULU.HAWAII 96809 KAHOOLAWE ISLAND RESERVE COMMISSION LAND STATE PARKS REF:OCCL:TM Correspondence: HA 23-154 MEMORANDUM TO: Zendo Kern, Planning Director April 18, 2023 Planning()-hawaiicounty.gov FROM: K. Tiger Mills, Staff Planner 4ts—, Office of Conservation and Coastal Lands SUBJECT: SMA Use Permit Application (PL-SMA-2023-000029) Proposed 4-Lot Agricultural Subdivision Consisting of Lots Minimum 5 acres in size with Related Subdivision Improvements Change of Zone Application (PL-REZ-2023-000041) Request Agricultural-20 acres (A-20a) to Agriculture-5 acres (A-5a) by Dennis Schmitz Located at O'okala, North Hilo, Hawai'i, TMK: (3) 3-9-001:024 The Office of Conservation and Coastal Lands (OCCL) has reviewed the one-page memorandum. No Special Management Area Use Permit and Change of Zone applications were enclosed or forwarded to our Office for review as stated. Per the solicitation for comments memorandum, it appears the proposal is to subdivide TMK: (3) 3-9-001:024 into four lots with each lot containing a minimum of 5-acres. Based upon information gathered from hawaiipropertytax.com, the existing parcel is 19.3290- acres. Therefore, it appears to be impossible to subdivide the existing parcel into 4 lots of a minimum of 5-acres. The makai portion of the property appears to lie within the State Land Use Conservation District Resource subzone. Please have the applicant obtain a Boundary Interpretation from the State Land Use Commission (LUC) to delineate the State Land Use Districts. More information regarding this may be found on the LUC's website at luc.hawaii.gov. Regarding the Conservation District portion of the property, pursuant to the Hawai'i Administrative Rules [HAR] §13-5-22 P-10 SUBDIVISION OR CONSOLIDATION OF PROPERTY (D-1) Subdivision of property into two or more legal lots of record that serves a public purpose and is consistent with the objectives of the subzone would require a Board permit. To allow, modify or deny the use would be at the discretion of the Board of Land and Natural Resources. Should subdivision in the Conservation District be proposed that is not for a public purpose, the Department shall not entertain an application for subdivision. Should there be any questions regarding this memorandum contact Tiger Mills of the OCCL at (808) 587-0382 or at kimberly.mills@hawaii.gov. Camero, Tracie-Lee From: Mills, Kimberly T <kimberly.mills@hawaii.gov> Sent: Thursday,April 20, 2023 2:33 PM To: Camero, Tracie-Lee Subject: RE: County of Hawai'i Change of Zone and Special Management Area Application for Dennis Schmitz - TMK: (3) 3-9-001:024 Thank you Miss, The application cleared up concerns that we had such as the area of the lot and where the Conservation District is delineated and I see that a boundary interpretation was sought. We have no additional comments Tiger K.Tiger Mills, Staff Planner State of Hawai'i Department of Land and Natural Resources Office of Conservation And Coastal Lands P.O.Box 621 Honolulu, Hawaii 96809 www.dlnr.hawaii.gov f occl From: Camero,Tracie-Lee<Tracie-Lee.Camero@hawaiicounty.gov> Sent:Thursday,April 20, 2023 1:48 PM To: Mills, Kimberly T<kimberly.mills@hawaii.gov> Subject: [EXTERNAL] FW: County of Hawai'i Change of Zone and Special Management Area Application for Dennis Schmitz -TMK: (3) 3-9-001:024 Good Afternoon Tiger, I am in receipt of your email in response to the Change of Zone Application (PL-REZ-2023-000041) and Special Management Area Use Permit Application (PL-SMA-2023-000029). On behalf of the Department I apologize for not sending out the complete application.Thank you for providing the Department with your comments even though you were not given a completed application. I will take your comments for the file. For your reference I have attached the completed application. If you would like to submit additional comments,then please do so. Sincerely, Track-Lec Cuwwo Planner IV Planning Division Planning Department Phone: (808)961-8166 1 Main Line: (808) 961-8288 Email: tracie-lee.camero@hawaiicounty.gov Website: www.planning.hawaiicountV.gov Planning Deps. 1 Exhibit 12 County of Hawai'i Zoning& Subdivision Code Update }� Project Website:COHcodeupdate.com Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s)and may contain confidential and/or privileged information. Any review, use, disclosure, or distribution by unintended recipients is prohibited. If you are not the intended recipient please contact the sender by reply e-mail and destroy all copies of the original message. 2 HANG JOSH GREEN,M.D. aE o F yq DAWN N.S. SON GOVERNOR I KE KIXAINA P y' CHAIRPERSON '� p j95g 9 BOARD OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE SYLVIA LUKE i + MANAGEMENT LIEUTENANT GOVERNOR I KA HOPE KIA'AINA CI j yzd j 'y LAURA H.E.KAAKUA : FIRST DEPUTY +F a + .a M.KALE RECTOR ANUEL DEPUTY DIRECC TOR-WATER AQUATIC RESOURCES STATE OF HAWAI`I I KA MOKU'AINA 'O HAWAI`I BOATINGANOFCOAVEYANCESON BUREAU OF CONVEYANCES COMMISSION ON WATER RESOURCE DEPARTMENT OF LAND AND NATURAL RESOURCES CONSERVATION ANDCOASTAL KA'OIHANA KUMUWAIWAI 'AINA CONSERVATION AND RESOURCES R ENFORCEMENT ENGINEERING FO RESTRYAND WILDLIFE DIVISION OF FORESTRY AND WILDLIFE KAHOOLAWE ISIPNPRESERVATION RESERVET OMMISSION 1151 PUNCHBOWL STREET, ROOM 325 LAND F/gWp1\ STATE PARKS HONOLULU, HAWAII 96813 June 9, 2023 Log no.4053 MEMORANDUM TO: RUSSELL Y. TSUJI, Administrator Land Division FROM: LAINIE BERRY, Wildlife Program Manager Division of Forestry and Wildlife SUBJECT: Division of Forestry and Wildlife Comments for the Special Management Area Use Permit Application Request(PL-SMA-2023- 000029) and Change of Zone Application Request(PL-REZ-2023- 000041) on Hawai'i Island The Department of Land and Natural Resources, Division of Forestry and Wildlife (DOFAW) has received your request for comments for the Special Management Area Use Permit Application (PL-SMA-2023-000029) Request for Proposed 4-Lot Agricultural Subdivision Consisting of Lots Minimum 5-Acres in Size with Related Subdivision Improvements-, and Change of Zone Application (PL-REZ-2023-000041) Request for Agricultural - 20 Acres (A-20a) to Agricultural-5 acres (A-5a) in North Hilo on the island of Hawai'i, TMK- (3) 3- 9-001.024. The State listed `Ope`ape`a or Hawaiian Hoary Bat (Lasiurus cinereus semotus) could potentially occur at or in the vicinity of the project and may roost in nearby trees. Any required site clearing should be timed to avoid disturbance to bats during their birthing and pup-rearing season (June 1 through September 15). During this period woody plants greater than 15 feet (4.6 meters) tall should not be disturbed, removed, or trimmed. Barbed wire should also be avoided for any construction because bats can become ensnared and killed by such fencing material during flight. Artificial lighting can adversely impact seabirds that may pass through the area at night by causing them to become disoriented. This disorientation can result in their collision with manmade structures or the grounding of birds. For nighttime work that might be required, DOFAW recommends that all lights used to be fully shielded to minimize the Planning Dspi. Exhibit. - 13 attraction of seabirds. Nighttime work that requires outdoor lighting should be avoided during the seabird fledging season, from September 15 through December 15, when young seabirds make their maiden voyage to sea. If nighttime construction is required during the seabird fledgling season (September 15 to December 15), we recommend that a qualified biologist be present at the project site to monitor and assess the risk of seabirds being attracted or grounded due to the lighting. If seabirds are seen circling around the area, lights should then be turned off. If a downed seabird is detected, please follow DOFAW's recommended response protocol by visiting https://dlnr.hawaii.gov/wildlife/seabird-fallout-season/#response. Permanent lighting also poses a risk of seabird attraction, and as such should be minimized or eliminated to protect seabird flyways and preserve the night sky. For illustrations and guidance related to seabird-friendly light styles that also protect seabirds and the dark starry skies of Hawaii please visit https://dlnr.hawaii.gov/wildlife/files/2016/03/DOC439.pdf. The State listed Nene or Hawaiian Goose (Branta sandvicensis) could potentially occur in the vicinity of the proposed project site. It is against State law to harm or harass these species. If any are present during construction, all activities within 100 feet (30 meters) should cease and the bird or birds should not be approached. Work may continue after the bird or birds leave the area of their own accord. If a nest is discovered at any point, please contact the Hawaii Island Branch DOFAW Office at (808) 974-4221. The State listed `lo or Hawaiian Hawk (Buteo solitarius) may occur in the project vicinity. Prior to undertaking vegetation clearing, DOFAW recommends that pre-construction surveys of the area be conducted by a qualified biologist following appropriate survey methods (Gorressen et al., 2008) to ensure no Hawaiian Hawk nests are present, which may occur during the breeding season from March to September. The survey should be conducted at least 10 days prior to the start of construction. If an `lo nest is detected, a buffer zone of 100 meters (330 feet) should be established around it where no construction shall occur until the chick or chicks have fledged, or the nest is abandoned. DOFAW staff should be immediately notified. If adult individuals are detected in the area during construction, all activities within 30 meters (100 feet) of the bird should cease. Work may continue when the bird has left the area on its own. We request that the County require a public pedestrian access easement for access to and along the shoreline/coastal cliffs as a condition of the subject SMA Use Permit and Change of Zone. An 1884 Registered Map 1093 shows a "Canoe Landing" near the western border of the subject property. In the spirit of our (County and State) fiduciary responsibility to uphold the Public Trust and customary and traditional practices, access to shoreline fishing resources and watercraft launching should be upheld. We would be happy to assist the County and the applicant in locating appropriate alignments; please contact Hawaii Island Na Ala Hele Trail and Access Program Manager, Jackson Bauer at 808-657-8041, Jackson.m.bauer@hawaii.gov for assistance and further discussion. DOFAW recommends using native plant species for landscaping that are appropriate for the area; i.e., plants for which climate conditions are suitable for them to thrive, plants that historically occurred there, etc. Please do not plant invasive species. DOFAW also recommends referring to www.plantpono.org for guidance on the selection and evaluation of landscaping plants and to determine the potential invasiveness of plants proposed for use in the project. DOFAW recommends minimizing the movement of plant or soil material between worksites. Soil and plant material may contain detrimental fungal pathogens (e.g., Rapid `Ohi`a Death), vertebrate and invertebrate pests (e.g., Little Fire Ants, Coqui Frogs, etc.), or invasive plant parts (e.g., African Tulip, Octopus Tree, Trumpet Tree, etc.) that could harm our native species and ecosystems. We recommend consulting the Big Island Invasive Species Committee (BIISC) at (808) 933-3340 to help plan, design, and construct the project, learn of any high-risk invasive species in the area, and ways to mitigate their spread. All equipment, materials, and personnel should be cleaned of excess soil and debris to minimize the risk of spreading invasive species. DOFAW is concerned about impacts on vulnerable birds from nonnative predators such as cats, rodents, and mongooses. We recommend taking action to minimize predator presence; remove cats, place bait stations for rodents and mongoose, and provide covered trash receptacles. Cats predate on native birds, including State-listed endangered waterbirds, seabirds, and forest birds. Predation is instinctive and means that even well-fed cats will hunt and kill wildlife. Therefore, DOFAW recommends that homeowner associations request that residents with pet cats be kept indoors or safely contained. In addition, no feeding of feral cats should occur on the premises. We recommend that Best Management Practices are employed during and after construction to contain any soils and sediment with the purpose of preventing damage to near-shore waters and marine ecosystems. This project falls in a high-risk probability of wildfire zone. Due to the arid climate and risks of wildfire to listed species, we recommend coordinating with the Hawaii Wildfire Management Organization at (808) 850-900 or admin@hawaiiwildfire.org, on how wildfire prevention can be addressed in the project area. We appreciate your efforts to work with our office for the conservation of our native species. These comments are general guidelines and should not be considered comprehensive for this site or project. It is the responsibility of the applicant to do their own due diligence to avoid any negative environmental impacts. Should the scope of the project change significantly, or should it become apparent that threatened or endangered species may be impacted, please contact our staff as soon as possible. If you have any questions, please contact Myrna N. Girald Perez, Protected Species Habitat Conservation Planning Coordinator at (808) 265-3276 or myrna.girald- perez(o)hawaii.gov. Sincerely, LAINIE BERRY Wildlife Program Manager Daryn Arai Land Use Planning Consultant May 26, 2023 Mr. Zendo Kern, Planning Director County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, HI 96720 Dear Director Kern: Subj ect: Response to Agencies' comments regarding Change of Zone Application PL-REZ-2023-000041 SMA Use Permit Application PL-SMA-2023-000029 Applicant: Dennis Schmitz TMK: 3-9-001:024, `O`6kala, North Hilo, Hawaii Thank you for providing the Applicant with comments received from the various reviewing agencies regarding the subject application, to which we provide the following responses for your consideration. Office of Planning and Sustainable Development letter dated April 19, 2023) The Applicant acknowledges and agrees to comments offered by the Office of Planning and Sustainable Development to: 1. complete site development and required infrastructure systems for the proposed 4-lot subdivision by the SMA permit expiration date; 2. consult with the Clean Water Branch, State of Hawaii Department of Health, for the requirement of a National Pollutant Discharge Elimination System Permit for any associated construction activities that involve the disturbance of one acre or more of land or involves dewatering discharge activities; and 3. agree to exclude excavation and grading activities, and/or new structures within the 40-foot wide shoreline setback area that fronts the entire makai boundary of the subject property in order to minimize the potential of runoff, sediment, soil and debris potentially resulting from associated construction activities from adversely impacting the coastal ecosystem and the State waters. Planning Depi. Exhibit. - 14 PHONE: (808)895-3218 EMAIL:DARYN ARAI@OUTLOOK.COM Mr. Zendo Kern, Planning Director Page 2 of 4 May 26, 2023 P.O.BOX 4501,HILO HAWAII 96720 Department of Land and Natural Resources-Division of Aquatic Resources (memo dated April 20, 2023) and Land Division (memo dated March 29, 2023 Noted that these agencies had no comments regarding the subject applications. Department of Land and Natural Resources-Office of Conservation and Coastal Lands (letter dated April 18, 2023) The Office of Conservation and Coastal Lands (OCCL) mistakenly identified the makai portion of the subject property as being situated within the State Land Use Conservation District, and its extensive comments were based on this mistaken assumption. Once presented with information that a State Land Use Boundary interpretation confirmed that the subject property is NOT situated within the Conservation District, the OCCL, by email to the Planning Department dated April 20, 2023, provided the following response: `The application cleared up concerns that we had such as the area of the lot and where the Conservation District is delineated and I see that a boundary interpretation was sought. We have no additional comments" Department of Health (memo dated April 14, 2023) The Applicant acknowledges the Department of Health no longer provides individual comments to agencies or project owners to expedite the land use review process. This being said, the Applicant anticipates that this project will not present any environmental health concerns with regulatory implications. Wastewater disposal for each proposed lot will be accommodated by septic systems compliant with State Department of Health regulations. The proposed 4-lot subdivision will require minimal grading and land disturbance activities, primarily around individual house pads and associated driveways associated with the construction of homes. Given the small number of potential homesites and the limited duration of any const ality is not expected to be compromised. Planning ��` Exhibit. 15 Similarly, extensive grading is ..-,N.�N� .� --.Y ,..-individual homesites, which will minimize the potential of erosion and runoff impact coastal waters. Agricultural activities proposed by the Applicant and future homeowners must comply with applicable requirements of Chapter 10 of the Hawaii County Code regarding Erosion and Mr. Zendo Kern, Planning Director Page 3 of 4 May 26, 2023 As an existing homesite and pasture, the proposed subdivision does not involve lands known to be impacted by releases of hazardous substances. While lands previously used for growing sugar is considered an area of concern, the Applicant is not aware of any specific past activities that involved the on-site release of oil or chemicals or other hazardous substances. As no demolition of structures is proposed, there is no concern regarding the exposure and release of asbestos into the environment. The subject property is not situated within proximity to a public water well and resides below the Underground Injection Control line. Therefore, the proposed 4-lot subdivision will not compromise groundwater resources or public water systems. As construction activities related to the proposed 4-lot subdivision will be minimal, no hazardous waste or excessive solid waste material will be generated. Any waste generated will be transported to approved County transfer stations or, if required, transported to the West Hawaii Sanitary Landfill. Department of Water Supply dated April 13, 2023) The Department of Water Supply (DWS) confirmed water availability to support the proposed 4-lot subdivision from existing 6-inch waterlines located along the Old Mamalahoa Highway. The Applicant has submitted the required water commitment payment to secure these 3 additional water commitments, which was subsequently confirmed by DWS in its letter dated May 18, 2023. Should this rezoning request be approved, the Applicant will construct all necessary water system improvements required by DWS prior to the issuance of Final Subdivision Approval. Department of Public Works (memo dated April 24, 2023) As recommended, the development of the proposed 4-lot subdivision will be coordinated with DPW as part of the subdivision review process to ensure that all development- generated runoff be disposed of on-site and not directed toward any adjacent properties. The Applicant acknowledges that the subject properties are located within an area designated as Zone X (outside of the 500-year floodplain)by the Federal Emergency Management Agency (FEMA). The Applicant will coordinate with DPW to ensure that all earthwork and grading conform to Hawaii County Code (HCC) Chapter 10, Erosion and Sedimentation Control. Mr. Zendo Kern, Planning Director Page 4 of 4 May 26, 2023 Finally, as the subject property does not front any pubic roadway, the DPW did not offer any recommendation regarding improvements to the Moonlight Road frontage. The Applicant is coordinating with the adjoining mauka landowner (Leonard Cardoza)to provide private, 50-foot wide agricultural-standard roadways from the Old Mamalahoa Highway to the proposed 4-lot subdivision. These off-site private roadway improvements were presented to and supported by the Hawaii County Council with its approval of Ordinance No. 22 122 in support of a proposed 7-lot family agricultural subdivision. The Applicant has no objection to a condition that will ensure that final subdivision approval of the Applicant's proposed 4-lot subdivision be subject to the completion of off-site agricultural standard roadway access from the Old Mamalahoa Highway to the subject property. Fire Department memo dated April 10, 2023) As recommended by the Fire Department and as part of the subdivision review process, access to lots within the proposed 4-lot subdivision and water for fire flow purposes will meet the requirements of Chapter 18 of the 2018 Hawaii Fire Code and Chapter 26 of the Hawaii County Code. Police Department(memo dated April 4, 2023) The Applicant acknowledges the response from the Police Department that it does not anticipate any significant project-related impact to traffic nor does it have any public safety concerns. We hope that we have adequately responded to comments offered by the respective agencies. Please feel free to contact me should there be any questions or need for additional information. Sincerely, DARYN ARAI Land Use Planning Consultant copy via email: Mr. Dennis Schmitz Mr. Sidney Fuke, Planning Consultant Daryn Arai Land Use Planning Consultant June 21, 2023 Mr. Zendo Kern, Planning Director County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, HI 96720 Dear Director Kern: Subject: Response to Additional Agencies' comments regarding Change of Zone Application PL-REZ-2023-000041 SMA Use Permit Application PL-SMA-2023-000029 Applicant: Dennis Schmitz TMK: 3-9-001:024, `0'6kala, North Hilo, Hawaii Thank you for informing the Applicant of additional comments received from both the State Historic Preservation Division and the State Division of Forestry and Wildlife, to which we provide the following responses below for your consideration. Department of Land and Natural Resources-Historic Preservation Division (letter dated Ma, 2023 The Department of Land and Natural Resources-Historic Preservation Division (SHPD) concludes that"no historic properties affected' as a result of approval of the requested change of zone and proposed 4-lot subdivision due to the project site being previously impacted by development of the existing residence and ground-disturbing activities associated with prior and current agricultural use of the property. SHPD further notes that historic (1965) and contemporary aerial images indicates that the subject area has been previously impacted by sugarcane cultivation and pasture use, making it unlikely that any unidentified surface historic properties remain intact within the project area. As recommended by SHPD, should lava tube openings, concentrations of artifacts, structural remains or human skeletal remains be found during construction activities, the Applicant will stop work within the immediate vicinity of the find,protect the find from additional disturbance and contact SHPD and the Planning Department to await proper clearance before work can proceed. Planning Deer. Exhibit 15 P.O.BOX 4501,HILO HAWAII 96720 PHONE: (808)895-3218 EMAIL:DARYN ARAI@OUTLOOK.COM Mr. Zendo Kern, Planning Director Page 2 of 4 June 21, 2023 Department of Land and Natural Resources- Division of Forestry and Wildlife (memo dated June 9, 2023 DOFAW provided guidance on those species protected by the Endangered Species Act that could potentially occur within the vicinity of the project area and recommended conservation measures to avoid or minimize adverse effects to these protected species, which the Applicant will follow during the course of very limited earthwork during the subdivision process, expected to be limited to utility installation along the mauka portion of the property along Moonlight Road. Note that due to its past use for pasturage, there are very little trees within the majority of the project site, with the exception of sections along the top of pali and that eastern area within the Alaialoa Gulch, areas that will not experience any earthmoving or land alteration activities. There is no `Ohi`a within the project site, thereby minimizing concerns regarding the spread of the Rapid `Ohi`a Death (ROD)fungus. Best management practices were also mentioned as it pertains to minimizing the spread of Little Fire Ants and Coqui frogs. The Applicant will follow these recommended protocols during the development of the subdivision to minimize the spread of these invasive species. No nighttime work is anticipated due to the limited site improvements required to support the proposed 4-lot subdivision. However, if nighttime lighting is required, such lighting will be shielding to avoid disorientation of seabirds and avoided altogether during seabird fledgling season. For the same reasons, shielding of permanently installed lights will be implemented. Finally, DOFAW noted that an 1884 Registered Map 1093 shows a"Landing" near the western border of the subject property, as shown in an excerpt of this map below. i ;a g, IL IR a ^ C "� Mr. Zendo Kern, Planning Director Page 3 of 4 June 21, 2023 Based on DOFAW assessment that this is a"canoe landing", DOFAW recommends that the County "require a pubic pedestrian access easement for access to and along the shoreline/coastal cliffs as a condition of the subject SMA Use Permit and Change of Zone." This recommendation was made "In the spirit of our(County and State)fiduciary responsibility to uphold the Public Trust and customary and traditional practices, access to shoreline fishing resources and watercraft launching should be upheld." The Applicant is willing to assist Na Ala Hele and the Planning Department in properly locating the"Landing", as shown on the registered map, as well as the historical access to this "Landing", both of which the Applicant confirms is located on the adjoining property to the west and identified as TMK: 3-9-001:005. The Applicant also confirms that no portion of the subject property serves as a customary and traditional pathway down to the "Landing", further evidenced by the Applicant's own existing driveway having to access via the adjoining Parcel 5. The Applicant is supportive of efforts to protect customary and traditional practices and use of coastal resources. However, the Applicant should not be compelled to provide such public access if it is found to be extremely hazardous and especially when not historically located on the subject property. The historical pathway across the adjoining Parcel 5 leads down to a sheer, approximately 200-foot tall cliff. People wishing to access the "Landing" area at the base of the 200-foot tall cliff fronting the adjoining property must navigate a series of ropes installed along the sheer cliff face to rappel themselves either up or down the coastal cliff. Regarding the DOFAW request to also designate a public pedestrian access easement along the coastal cliffs of the subject property, why would such lateral access be pursued along a 200-foot tall sheer coastal cliff that most people would consider extremely hazardous? Encouraging the use of a sheer cliff for public coastal access is counter to the fiduciary responsibilities of government to ensure the safety and welfare of the general public. The Applicant is not aware of any historical coastal pathway along the adjoining Alaialoa Gulch on the eastern side of the property, although it is probable that some daring souls could access the shoreline via this steep gulch. The County should not create an"attractive nuisance" by encouraging the general public to navigate down to the shoreline at the base of 200-foot tall sheer coastal cliffs or walking along the "top of pali". The public safety and welfare concerns of such a requirement should outweigh any concerns about preserving traditional and customary practices. Mr. Zendo Kern, Planning Director Page 4 of 4 June 21, 2023 In summary, the Applicant is willing to work with the Planning Department, in consultation with Na Ala Hele, to properly locate the "Landing" as depicted on 1884 Registered Map 1093. If the Planning Department concludes that the "Landing" is located along the coastal frontage of the adjoining Parcel 5, the Applicant requests that he not be mandated to provide mauka-makai or lateral shoreline public access as requested by DOFAW, for all the reasons stated earlier. However, if the Planning Department determines that the "Landing" is situated along the coastal frontage of the subject property, the Applicant again requests that the Windward Planning Commission not mandate the establishment of shoreline public access easements to the "Landing" and along the top-of-pali within any portion of the subject property due to public safety and welfare concerns stated earlier. Please note that the"Landing" is clearly not situated within any portion of the subject property, which extends no further makai than the"top-of-pali", which also happens to be the certified shoreline. Therefore,the "Landing", if determined to front the subject property, is completely under State jurisdiction and will be protected as a public trust resource. The Applicant has also confirmed that historical access to the"Landing" is via the adjoining Parcel 5. Therefore, the proposed 4-lot subdivision itself will not adversely affect historical access to the "Landing". The Applicant believes it has demonstrated that the proposed 4-lot subdivision will not have an adverse impact upon watercraft launching opportunities offered by the "Landing" nor upon access to shoreline fishing opportunities provided by the adjoining property. Therefore, in the absence of any adverse impact upon these coastal activities, we firmly believe that there shall be no demands for mitigating actions upon the Applicant in the form of additional shoreline public access easements upon the subject property. Please feel free to contact me should there be any questions or need for additional information. Sincerely, DARYN ARAI Land Use Planning Consultant copy via email: Mr. Dennis Schmitz Mr. Sidney Fuke, Planning Consultant Mr. Zendo Kern, Planning Director Page 4 of 4 June 21, 2023