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HomeMy WebLinkAboutCOM 0656.000 2020-2022 .'ooJ• ��,� Lee E.Lord COUNTY or NA A(� e1•••' Managing Director Mitchell man �Dn�.ryRoth 'i �..5. '•s FEB 17 AN 7; 56 • Robert H.Command < w:•�� �j�r.—M;��:, Deputy Managing Director f OF•M�' Count of ®ffirr of ftp Alavor 25 Aupuni Street,Suite 2603 • Hilo, Hawaii 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg C • Kailua-Kona,Hawaii 96740 (808)323-4444 • Fax(808)323-4440 February 11, 2022 Maile David, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo, HI 96720 Dear Chair David and Members: 21-000003 of Zone Application PL REZ 20 ) SUBJECT: Change pp g Request: Agricultural—20 Acres (A-20a)to Family Agricultural—2 acres (FA-2a) Applicant: Garvin Goode and Laura Goode Tax Map Key: 2-7-008:130 As required by Chapter 7, Sec. 6-7.5 (a)(3), Hawai`i County Charter, transmitted herewith for the County Council's consideration and action are the Windward Planning Commission's letter and enclosures regarding the above-referenced request. Sincerely, a ,::,145k MITCHELL D. ROTH Mayor TCouncilGoode4PL-REZ-21-003 Enclosures • cc: Planning Department <1I Comm. No. PC County of HawaiRef. To:i is an Equal Opportunity Provider and Employer. Ref. Date FEB 2 3 2022 JMtvl �, Dean Au,Chair Mitchell D.Roth °' '' Michelle Galimba,Vice-Chair Mayor " ;. •Lila: sI/.f ` --•--i ft 1.. Gilbert Aguinaldo Lee E.Lord j Joseph Clarkson Managing Director • .:•. • Dennis Lin r�>e OF•HF�' Thomas Raffipiy John Replogle County of Hawaii WINDWARD PLANNING COMMISSION Aupuni Center • 101 Pauahi Street,Suite 3 • Hilo,Hawaii 96720 Phone(808)961-8288 • Fax(808)961-8742 February 10, 2022 Maile David, Council Chair and Members of the County Council County of Hawai`i 25 Aupuni Street Hilo,HI 96720 Dear Chair David and Council Members: SUBJECT: Change of Zone Application (PL-REZ-2021-000003) Request: Agricultural—20 Acres (A-20a)to Family Agricultural—2 acres (FA-2a) Applicant: Garvin Goode and Laura Goode Tax Map Key: 2-7-008:130 The Windward Planning Commission (Commission), at its duly held public hearing on February 3, 2022, recommended for your approval the proposed legislative bill for a Change of Zone from an Agricultural — 20 acres (A-20a) to Family Agricultural — 2 acres (FA-2a) zoning district for approximately 9.581 acres of land. The property is located at 27-2365 Hawaii Belt Road, 300 feet west (mauka) of its intersection with Kalaoa Camp Road, Portions of Aleamai &Kalaoa, South Hilo, Hawaii. The Commission concurs with the following Planning Director's reasons for a favorable consideration of the request: The applicants are requesting a change of zone from Agricultural 20-acres (A-20a) to Family Agricultural 2-acres (FA-2a) for approximately 9.581 acres of land, in order to create a three-lot subdivision. Currently there are two (2) dwellings (single family dwelling and an additional farm dwelling) located on the subject property and an entitlement for a second additional farm dwelling that has not yet been built. The property is currently being used to cultivate a variety of fruit trees, a start up nursery and a small equestrian use. According to the Zoning Code, the Family Agricultural (FA) zoning district provides for a blend of small- scale agricultural operations associated with residential activities and which may be characterized by farm estates, small acreage farms, or subsistence lots. • Hawai'i County is an Equal Opportunity Provider and Employer Maile David, Council Chair and Members of the County Council County of Hawai`i Page 2 February 10,2022 If the requested rezoning is approved, the applicants propose to subdivide the subject parcel into three(3) lots, consisting of 3.7 +/- acres, 2.8 +/- acres and 2+/- acres, exclusive of a 1+ acre road/utility easement that bisects the property; the objective of the proposed request is for estate planning purposes. Two (2) of the three (3) proposed lots would be conveyed to family members, and would each contain a farm dwelling, while the lot with the single- family dwelling would be retained with the applicants who intend to continue to operate an approved Bed and Breakfast operation and existing agricultural activities. The applicants initially considered an FA-3a zoning, however, given the current physical constraints of the property (shape of the property and placement of existing dwellings thereon and the 1+ acre roadway bisecting the property), the applicants could not devise a subdivision site design to meet their stated three (3) lot subdivision objective, thus the applicants are requesting the FA-2a zoning. Please note, while the proposed FA-2a zoning and existing lot size could theoretically allow subdivision of the property into four (4) lots, the same site constraints make this practically impossible. However, in order to ensure that the property cannot be subdivided into four (4) lots, the Director is recommending a condition prohibiting the land area encompassing the existing access and utility easement from being included in the calculation of land area for purposes of subdividing the subject parcel. 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 such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The proposed Change of Zone from an Agricultural (A-20a) to a Family Agricultural (FA-2a) zoning district will conform to, among others, the following goals, policies and standards of the General Plan Element and the Hamakua Community Development Plan (CDP). The General Plan is 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 goals, policies and standards are set forth to physically plan the lands in the County in the best interest of the islands residents. Land use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources and the Economic Element provides an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. Maile David, Council Chair and Members of the County Council County of Hawai`i Page 3 February 10, 2022 The proposed Change of Zone will conform to, among others, the goals, policies and standards of the Land Use and Economic General Plan Elements: Land Use • 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. • ■ 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. Economic ■ Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. • Economic development and improvement shall be in balance with the physical, social and cultural environments of the island of Hawai`i. • Provide and economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County and reflects 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. In most cases, the LUPAG maps show the general location of a particular designation, and the boundaries are not meant to be precisely scaled (e.g., not intended to be interpreted with along parcel lines or with metes and bounds precision). While the property is designated both Important Agricultural Land (ial) and Low Density Urban (ldu)by the General Plan LUPAG map, the Planning Director has determined that the subject parcel is situated entirely within the Low Density Urban LUPAG designation, given the existing surroundings and the broad-brush nature of the LUPAG map. The ldu designation includes residential, with ancillary community and public uses, and neighborhood and convenience-type commercial uses; overall residential density may be up to six units per acre. While the proposed FA-2a zoning is an agricultural zoning designation, it is also consistent with the ldu LUPAG designation, as indicated in the definition of FA zoning found in the Zoning Code. Maile David, Council Chair and Members of the County Council County of Hawai`i Page 4 February 10,2022 Surrounding land uses are generally rural and/or agricultural in nature, with a mix of dwellings and active farms. Properties directly adjacent to the subject property are zoned A- 20a, as are most parcels to the north and west. Nearby parcels to the south and east of the subject property are zoned A-10a, A-la and RS-10, however, most of these lots are non- conforming in size because they were created prior to the establishment of the Zoning Code, thus there are other lots in the vicinity that are similar in size to the proposed lots. The U.S. Department of Agriculture (U.S.D.A.) soil survey identifies soils on the property as Hilo hydrous silty clay loam,with 0 to 10 percent slopes. The Agricultural Lands of Importance to the State of Hawai`i (ALISH) map indicates mostof the property is identified as "Prime Agricultural Land" and the Land Study Bureau's Detailed Land Classification System largely identifies soils of the property as "C" or "Fair" soil for agricultural productivity. A concern in allowing a rezoning of agricultural land that creates smaller lot sizes is that this will reduce the potential use of the land for productive agriculture by fragmenting the land into areas too small to be farmed on a commercial scale. While a few crops can be intensively cultivated on very small acreage,usually these crops have a very limited market. Reducing the size of the lots can reduce the range of potential agricultural uses and the range of market opportunities for those crops. However, in this particular situation, the subject parcel is entitled with three (3) dwellings, from a practical standpoint, the same land area will be utilized for dwellings and the proposed rezoning and subdivision will not result in the creation of additional residential structures. Furthermore, while three (3) lots will be created and two (2) of the lots will be conveyed to family members for estate planning purposes, the applicants and their children intend to continue and expand agricultural activities on the resulting lots. These activities include an established banana farm, over 80 avocado trees, a palm nursery, and existing equestrian activities. The applicants also propose to develop an exotic tree orchard on one of the proposed lots. In an effort to ensure the retention of as much land area as possible for existing and potential agricultural uses, the Planning Director is recommending a condition of approval prohibiting a second dwelling and/or a Condominium Property Regime (CPR) on each lot resulting from the proposed subdivision. This condition will require that restrictive covenants be included in the deeds of all the proposed lots for the subdivision prohibiting second dwelling units to preserve the residential/agricultural ambience of the area. The proposed rezoning area is situated within the Hamakua Community Development Plan (HCDP) planning area and further designates it in an Agricultural area outside of a designated Urban Growth Boundary area and outside any designated Rural areas. According to the HCDP, Agricultural areas outside the Urban Growth Boundary and outside designated Rural area should be preserved for agricultural uses, open space, scenic viewsheds, and natural beauty. Development and use of properties in the Agricultural area shall be limited to agriculture, related economic infrastructure and cottage industries, Maile David, Council Chair and Members of the County Council County of Hawaii Page 5 February 10, 2022 renewable energy, open area recreational uses, and community facilities, unless otherwise permitted by law. The proposed FA-2a zoning will allow for the continued use of the properties for agricultural purposes, thus change of zone meets the intent of the HCDP. All essential utilities and services are available to the property. Access to the property is from Kalaoa Camp Road, which is private roadway easement that bisects the property, with an existing 12-13 foot-wide pavement and three (3)-foot-wide gravel shoulders within a 30-foot-wide easement area. Kalaoa Camp Road is accessed from the Hawai`i Belt Road (Highway 19), a State owned and maintained road with a 22-foot wide pavement and paved shoulders within a 100-foot right of way. The applicants have legal rights to traverse the roadway easement and there are two existing driveways from Kalaoa Camp Road to each of the existing dwellings. A new driveway will be installed from Kalaoa Camp Road and will provide access to the third proposed dwelling. County water is available from an existing 4-inch waterline within Kalaoa Camp Road and the property is currently served via two (2), 5/8-inch water meters. According to the Department of Water Supply, there is one (1) additional unit of water available to the property the applicants will be required to install a new, 5/8-inch meter and related water system improvements and to serve the additional proposed lot. As mentioned above, a condition of approval will require the applicants to remove the roadway and utility easement from the total subdividable lot size to ensure that a fourth(4) lot cannot be created during the subdivision process, thus the proposed zoning will comply with the Zoning Code's Concurrency requirements related to water. The subject property is not currently serviced by the County sewer system. According to the applicants, wastewater is currently disposed of into existing, permitted cesspools for the existing single-family dwelling and existing additional farm dwelling. The proposed second additional farm dwelling will be serviced by a septic system meeting with the requirements of the Department of Health regulations. Solid waste will be disposed of at the nearby transfer station or Hilo landfill. Electricity and telephone are available to the property and police and fire services are available in Hilo. A condition of approval will be included to require the applicants to meet all applicable County, State and Federal laws,rules,regulations, and requirements. There are no severe geological or topographical problems for the property that cannot be properly rectified, or which would render the land unusable. According to the Flood Insurance Rate Map (FIRM) prepared by the Federal Emergency Management Agency (FEMA) and the Department of Public Works-Engineering Division (DPW), the property is located in Zone "X", an area outside of the 500-year flood area. There are no significant topographical constraints, and the property is not located in a flood zone. Conditions of approval will ensure that all development generated runoff will be disposed of onsite and that the applicant will comply with Chapter 10 related to Erosion and Sedimentation Control. Maile David, Council Chair and Members of the County Council County of Hawai`i Page 6 February 10,2022 The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is not situated within the Special Management Area. It is located over two (2) miles from the nearest coastline and will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources, historic resources, public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources, or other natural and environmental resources in the area. Thus, the proposed request and use of the property will not adversely impact those resources. It is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property because the property was previously bulldozed and cleared. Presently, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of known valued cultural, historical or native resources in the area. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the Hawai`i State Supreme Court's "PASH" and "Ka Pa'akai 0 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. Investigation of valued resources: No formal archaeological reconnaissance survey, oral history of katna`aina accounts of the area, historical survey of documentary records, or botanical study was included in the application. The valued cultural, historical, and natural resources found in the rezoning area. As the property has historically been used for intensive agricultural activities (sugar cane) and has since been developed with a dwelling and an additional farm dwelling, it is unlikely that there are any valued cultural, historical, and natural resources to be found in the rezoning area. Possible adverse effect or impairment of valued resources: There is no evidence of any possible adverse effects or impairments will occur to any valued resources. Feasible actions to protect native Hawaiian rights: As there is no evidence of any valued cultural, historical, and/or natural resources found on the site, there is no action to be taken. A condition of approval will be added for the protection of inadvertent finds should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered. The applicants shall be required to cease work in the immediate area and contact the Department of Land and Natural Resources — State Historic Preservation Division (DLNR-SHPD). Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. Maile David, Council Chair and Members of the County Council County of Hawai`i Page 7 February 10,2022 Lastly, this recommendation is made with the understanding that the applicants remain responsible for complying with all other applicable governmental requirements in connection with the proposed use, prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permit, compliance with the Fire Code, among many others. Compliance with all applicable governmental requirements is a condition of this approval recommendaiton; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the preceding findings, approval of the Change of Zone request from an Agricultural 20-acre (A-20a)to Family Agricultural 2-acre (FA-2a) zoned district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. The accompanying draft bill to amend Section 25-8-34 (Papaikou-Onomea Zone Map) is provided for your favorable consideration. Please note the proposed conditions of approval attached to the draft bill. We are enclosing copies of the Planning Director's Background and Recommendation, and the Power Point presentation. A draft transcript of the hearing will be provided under separate cover. Sincerely, Dean Au(Feb 10,2022 15:32 HST) Dean Au, Chairman Windward Planning Commission LGoodePL-REZ-2021-003wpc 1 Enclosures: Planning Department Background Report Planning Department Recommendation PowerPoint Presentation cc via email: Sidney Fuke,Planning Consultant Garvin&Laura Goode Department of Public Works Department of Water Supply Jean K. Campbell Esq., Corporation Counsel BGoodeREZ.1.19.2022 1 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT GARVIN &LAURA GOODE CHANGE OF ZONE APPLICATION(PL-REZ-2021-000003) GARVIN &LAURA GOODE have submitted an application for a Change of Zone from an Agricultural-20 acres (A-20a)to a Family Agricultural-2 acres (FA-2a) zoning district for approximately 9.581 acres of land. The subject property is located at 27-2365 Hawai`i Belt Road, 300 feet west(mauka) if it's intersection with Kalaoa Camp Road, Portions of Aleamai& Kalaoa, South Hilo,-Hawaii, TMK: (3) 2-7-008:130. PROPOSED ACTION 1. Applicants' Request: Change of Zone from an Agricultural-20 acres (A-20a) to a Family Agricultural-2 acres (FA-2a) zoning district for approximately 9.581 acres of land in order to create a three (3)-lot subdivision. Currently there are two (2) dwellings (single family dwelling and an additional farm dwelling) located on the subject property and an entitlement for a second additional farm dwelling that has not yet been built. The property is currently being used to cultivate a variety of fruit trees, and includes a start up nursery and a small equestrian use. Requirements for establishing a land use in the FA zoning district, including a list of the variety of permitted land uses, are shown in Section 25-5-60 to 62 of the Zoning Code. (Planning Department Exhibit 1-Zoning Code Requirements for Family Agricultural Districts) 2. Proposed-Development: If the requested land use entitlement changes_are approved,the applicants propose to subdivide the subject parcel into three (3)lots, consisting of approximately 3.7 acres, 2.8 acres, and 2.083 acres, exclusive of a 1+ acre road/utility easementthat bisectstheproperty. The applicants are currently-eligible-to have a-total of - --. three(3) dwellings on-the subject property;two (2) of which-are defined as additional farm dwellings, and the third as a single-family dwelling used as a bed and breakfast. Two (2) of the three (3) lots would be conveyed to family members, and would each contain a farm dwelling, while the lot with the single-family dwelling would be retained -1- with the applicants who intend to continue to operate an approved Bed and Breakfast operation. The applicants initially considered an FA-3a zoning, however, given the current physical constraints of the property(shape of the property and placement of existing dwellings thereon and the 1+ acreroadwaybisecting the property), the applicants could not devise a subdivision site design to meet their stated three(3) lot subdivision objective, thus the applicants are requesting the FA-2a zoning. Please note, while the proposed FA-2a zoning and existing lot size could theoretically allow subdivision of the property into four(4) lots, the same site constraints make this practically impossible. 3. Construction Timeframe: According to the applicant, a subdivision application would be filed immediately after the granting of the Change of-Zone--The-applicant antitipcates having the property subdivided by mid-year 2022 and cost of the project to be minimal. 4. Supportive Information: The applicant has submitted the attached in support of the request(P. D.Exhibit 2-Change of Zone Application dated June 16, 2021; P.D. Exhibit 3-Supplemental Information dated August 9, 2021) 5. Landowners: Garvin and Laura Goode. BACKGROUND INFORMATION 6. October 7,2009: Date the Planning Department approved an additional farm dwelling for the subject parcel (FDA-09-000255). The additional farm dwelling was constructed and is currently occupied by persons helping with the farm. 7. August 1,2013: Date the Windward Planning Commission approved a three(3) Bedroom Bed and Breakfast operation with a certified kitchen within an existing single- family dwelling located in the northeast area on the subject-property(SPP 13-000151). 8. November 10, 2020 : Date the Planning Department approved a second additional farm dwelling that has not been constructed(FDA-18-000459). STATE, COUNTY-& COMMUNI-T-Y PLANS ----- _-- -9. State Land Use District: Agricultural. - - — 10. General Plan LUPAG Map Designation: While the property is designated as Important Agricultural Land(ial) and Low Density Urban (ldu) on the General Plan LUPAG map, given the broad brush nature of the LUPAG map, the Planning Director has determined -2- that the subject property is situated within the Low Density Urban(ldu) LUPAG designation,which allows, "residential use, with ancillary community and public uses, and neighborhood and convenience-type commercial uses; overall residential density may be up to six units per acre." 11. County Zoning: Agricultural-20 acres (A-20a). 12. Hamakua Community Development Plan (HCDP): The HCDP was adopted by Ordinance No. 18 78, with an effective date of August 22, 2018. 13. Special Management Area (SMA): The subject property is not situated within the SMA and is located approximately two (2)miles away from the nearest shoreline. - DESCRIPTION OF PROPERTY AND SURROUNDING AREA 14. Subject Property: The property is irregular in shape and located mauka of Highway 19, where the property is bisected by Kalaoa Camp Road. There are two (2) existing dwellings and several farm related structures on the property to support the existing farm operation. The site is situated at an elevation of 350 feet above sea level, and the land gently rises at a 5-10% slope from the eastern side to the western side of the property. According to the applicants, there are a variety of existing fruit trees on the site, including bananas, avocado, citrus, lychee, and mango, in addition to a start-up nursery and small equestrian activity. 15. Surrounding Land Uses/Zoning: Surrounding land uses are generally rural and/or agricultural in nature, with a mix of dwellings and active farms. Properties directly adjacent to the subject property are zoned A-20a, as are most parcels to the north and west.Nearby parcels to the south-and east of the subject-property are zoned A-10a, A-1 a and RS-10. 16. ALISH: Prime Agricultural Land 17.----- -Land Study Bureau's Detailed Land Classification System: "C" or"Fair-" =--- 18.— US Soil Survey:The soils on the siteareclassified as Hilo hydrous silty clay loam, with 0 to 10 percent slopes. 19. Flood Zone: Zone X, an area determined by FEMA to be outside the 500-year floodplain. -3- 20. Flora/Fauna Resources: No professional floral or faunal survey was conducted of the property. The applicant reports that the property is cultivated into fruit bearing trees with some use for an equestrian component. Given the elevation of the property, it would be possible to find the Hawaiian Hawk(I`o) and the Hawaiian Owl (Pueo). Thesubject property was formerly used to grow sugar cane and has been developed for agricultural uses and dwellings. As such, the applicants do not.believe that rare or endangered floral or faunal resources are likely to be found within the subject site. 21. 'Archaeological/Cultural/Historical Resources: No professional archaeological and cultural study was conducted of the property. According to the applicants, the site was — previously cleared for cultivation-of-sugar cane, and it is unlikely that the site has — archeological features due to previous land altering activities. The applicants have noted that in the event any inadvertent discoveries are made during any land disturbance activity,work will cease, and the applicant will immediately notify the Planning Department and the State DLNR to secure clearances before proceeding further. 22. Public Access: There is no designated public access to the mountains or the shoreline that traverses the property. UTILITIES AND SERVICES 23. Access: Access to the project will be from Kalaoa Camp Road, an existing, 12-13-foot- wide pavement within a 30-foot-wide roadway easement that bisects the subject property. The portion of the private road from Highway 19 up to the subject parcel has an existing 12-13-foot-wide pavement with 3-foot graveled shoulders. The private road is accessed _ from Highway 19, a-State-owned-road with a 22-foot wide pavement and paved shoulders - - -- within a 100-foot right of way. 24. Water: County water is available from an existing 4-inch waterline within Kalaoa Camp Road, which fronts the-subject-parcel. Thesubjectproperty iscurrentlyserviced-by two--- (2);5/8-inch water meters. In their February 19, 2021, memo-for the Additional-Farm Dwelling Application(FDA-18-000459) the Department of Water Supply(DWS) required the landowners to install a 1-inch service lateral to service a new 5/8-inch meter for the second additional farm dwelling (Planning Department Exhibit 4—February 4 19, 2021 DWS memo.)The applicants have stated that they are in the process of installing a third water meter to serve the third proposed dwelling. Furthermore, the DWS in their December 3, 2021, memo to the Planning Department (Planning Department Exhibit 5 -December 3,2021 DWS memo.), DWS requested that the applicant designate, in writing, which lot within the proposed subdivision will be assigned the existing service,prior to recommending final subdivision approval. Should the existing meter or service lateral not front the parcel that it will serve, the existing meter or service lateral would need to be relocated to comply with DWS rules and regulations. DWS additionally requested that the plat map be revised to show the existing meter locations with the meter numbers. 25. Wastewater: There is no County sewer in the area. The two (2) existing dwellings are currently served by their own cesspools. The new dwelling will have a septic system installed in accordance with the requirements of the State Department of Health. 26. Solid Waste: There are no municipal waste collection services in the County. According to the application, solid waste will be handled by commercial haulers or individual homeowners, who will dispose of the refuse at authorized transfer stations or landfill sites. Additionally, all agricultural waste will be retained and utilized on the property. 27. Utilities and Services: All essential utilities and services are available to the property. Police services, fire services and medical services are available in Hilo, approximately four(4)miles from the subject property. AGENCY COMMENTS PROVIDED 28. Department of Public Works-Engineering Division: (Planning Department Exhibit 6-November 24, 2021 memo.) 29. Department of Environmental Management: (Planning Department Exhibit 7- November-29, 2021 memo.) 30. State Department of Land and Natural Resources-Engineering Division: (Planning -- Department Exhibit 8 -November 22, 2021 memo.) 31. State Department of Land and Natural Resources-Commission on Water Resource Management: (Planning Department Exhibit 9-December 13, 2021 memo.) -5- 32. Fire Department: (Planning Department Exhibit 10 -November 19, 2021 memo.) AGENCIES -NO COMMENTS OR OBJECTIONS 33. Police Department; Real Property Tax, State Department of Health PUBLIC COMMENTS 34. Berndt Stugger Testimony:(Planning Department Exhibit 11 -December 15,2021 email) 35. Dan Corson Testimony: (Planning Department Exhibit 12 -December 15,2021 email) 36. Violet Oliver Testimony: (Planning Department Exhibit 13—January 17, 2022 letter) - - - 37. Steve Zoll Testimony: (Planning Department Exhibit 14—January 16, 2022 email) 38. William Hurt Testimony: (Planning Department Exhibit 15—January 19,2022 email) APPLICANT'S RESPONSE TO COMMENTS: 39. The applicant has submitted response letters to comments received from several agencies. (Planning Department Exhibit 16—December 6, 2021 letter; Planning Department Exhibit 17—December 20,2021 letter; Planning Department Exhibit 18—January 10, 2022 letter) -6- ZONING § 25-5-57 Section 25-5-57. Other regulations. (a) If any legal building site in the RA district has an area less than one-half acre, then the yard and height requirements for the building site shall be the same as the yard requirements for the RS district. (b) Plan approval shall berequired prior to the construction or installation of any new —structure or development, or of any addition to an existing structure or- development which is used for minor agricultural products processing. (c) An ohana dwelling may be located on any building site in the RA district, as permitted under article 6, division 3 o this chapter. (d) Exceptions to the regulations for the RA district regarding heights, building site areas, building site average widths and yards, may be approved by the commission within a planned unit development pursuant to article 6, division 1 of this chapter. (1996, ord 96460, sect;ratified April 6, 1999; am 2015, ord 15-33, sec 4.) —Division 6. FA, Family Agricultural Districts. _ Section 25-5-60. Purpose and applicability. The FA (family agricultural) district provides for a blend of small-scale agricultural operations associated with residential activities and which may be characterized by farm estates, small acreage farms, or subsistence lots. The FA district is intended to be in areas designated as being within the State land use agricultural district, where public services and infrastructure are appropriate to support the very low density residential needs of a rural community and where substantial number of parcels are less than five acres in size, and where a mix of uses will not conflict with or be detrimental to existing agricultural uses in the surrounding area. In addition, this district is intended to be primarily comprised of agricultural lands less than five acres in area, which are not classified as A or B lands under the land study bureau's master productivity rating, or classified as prime, unique, or other important agricultural lands. Provided, that this district may include lands so classified if the lands are situated within an urban expansion or other urban designation under the general plan land use pattern allocation guide (LUPAG) map. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-61. Designation of FA districts. Each FA (family agricultural) district shall be designated on the zoning map by the symbol"FA" followed by a number and the lower case letter "a" which indicates the required number of acres for each building site. For example, FA-la means a family agricultural district with a minimum building site area of one acre. (1996, orcl_96-160,_sec 2; ratified April 6, 1999.) 25-87 Planning Dept. Exhibit 1 § 25-5-62 HAWAII COUNTY CODE Section 25-5-62. Permitted uses. (a) The following uses shall be permitted in FA districts: (1) Agricultural products processing, minor, provided that the area or buildings used for such processing, shall be located at least seventy-five feet from any . street. (2) Agricultural tourism as permitted under section 25-4-15. (3) Animal hospitals. (4) Aquaculture. (5) Botanical gardens, nurseries and greenhouses, seed farms, plant experimental stations, arboretums, floriculture, and similar uses dealing with the growing of plants. (6) Campgrounds, parks, playgrounds, tennis courts, swimming pools, and other similar open area recreational facilities, where none of the recreational features are entirely enclosed in a building. (7) _Cemeteries and mausoleums, as permitted under chapter 6, article 1 of this Code. (8) Crop production. (9) Dwelling, single-family, as permitted under chapter 205, Hawai`i Revised Statutes and as permitted under section 25-5-67(b). (10) Farm dwellings, as permitted under section 25-5-67(b) and (c). (11) Game and fish propagation. (12) Group living facilities. (13) Kennels. (14) Livestock, grazing;provided that any feed or water area, salt lick, corral, run, barn, shed, stable, house, hutch, or other enclosure for the keeping of any permitted animals shall be located at least seventy-five feet from any lot line. (15) Public uses and structures, necessary for agricultural practices. (16) Retention, restoration, rehabilitation, or improvement of buildings or sites of historic or scenic interest. (17) Riding academies, and rental or boarding stables. (18) Roadside stands for the sale of agricultural products grown on the premises. (19) Utility substations, as permitted under section 25-4-11. (20) Vehicle and equipment storage areas that are directly accessory to aquaculture, crop production, game and fish propagation, and-livestock grazing. (21) Veterinary establishments. (b) The following uses may be permitted in the FA district, provided that a use permit is issued for each use: - --(1) Golf courses and related-golf course uses;-including-golf driving ranges, golf -- maintenance buildings and golf club houseia, provided that the property is within the state land use urban or rural district. Golf courses and golf driving ranges shall not be permitted within the state land use agricultural district unless approved by the County before July 1, 2005. (2) Telecommunication antennas and towers. 25-88 ZONING § 25-5-62 (c) The following uses may be permitted in the FA district, provided that a special permit is obtained for such use if the building site is located within the State land use agricultural district: (1) Adult day care homes. (2) Bed and breakfast establishments, as permitted under section 25-4-7. (3) Community buildings, as-permitted under section 25-4-11. (4) Family child care homes. (5) Home occupations, as permitted under section 25-4-13. (6) Meeting facilities. (7) Model homes, as permitted under section 25-4-8. (8) Public uses and structures, other than those necessary for agricultural ;practices, as provided under section 25-4-11. (9) Temporary real estate offices, as permitted under section 25-4-8. (10) Uses, other than those specifically listed in this section, which meet the standards for a special permit under chapter 205, Hawai`i Revised Statutes. _- (d) The following uses may be permitted in the FA district, provided that either a use permit is issued for each use if the building site is within the State land use agricultural district or a special permit is issued-for each use if the building site is within the State land use agricultural district: (1) Bed and breakfast establishments, as permitted under section 25-4-7: (2) Churches, temples and synagogues. (3) Crematoriums, funeral homes, funeral services, and mortuaries. (4) Day care centers. (5) Hospitals, sanitariums, old age, convalescent, nursing and rest homes. (6) Major outdoor amusement and recreation facilities, includes stadiums, sports _ arenas, and other similar open air recreational uses. (7) Medical clinics. (8) Schools. (e) Buildings and uses accessory to the uses permitted in this section shall also be permitted in the FA district. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2008, ord 08-155, sec 12; am 2010, ord 10-17, sec 5; am 2012, ord 12-28, sec 8; ord 12-124, sec 7; am 2014, ord 14-86, sec 8; am 2021, ord 21-26, sec 9.) • Section 25-5-63. Height limits. The height limit in FA districts shall be thirty-five feet for any residential structure, including any single-family dwelling or farm dwelling, and forty-five feet for all other structures. (1996, ord 96-160, see 2; ratified April-6, 1999.)— ---- -- Section 25-5-64. Minimum building site area. The minimum building site area in the FA district shall be one acre. Other FA districts having larger areas may be designated in increments of one acre up to a recommended maximum of five acres. (1996, ord 96-160, sec 2; ratified April 6, 1999.) 25-89 SUPP. 10 (7-2021) § 25-5-65 HAWAI`I COUNTY CODE Section 25-5-65. Minimum building site average width. Each building site in the FA district must have a minimum average width of one hundred twenty feet for the initial one acre of required area plus twenty feet for each additional acre of required area; provided that no building site shall be required to have an average width greater than three hundred feet. (1996, ord 96-160, sec-2; ratified April 6, 1999.) -- Section 25-5-66. Minimum yards. (a) Except as otherwise provided in this section, the minimum yards in the FA district shall be thirty feet for front and rear yards and twenty feet for side yards. (b) In the FA district, accessory buildings and enclosures (other than fences under eight feet high) for the shelter and confinement of any livestock shall be at least thirty feet from the side and rear property lines. (c) Appropriate additional setbacks from adjacent,residential zoned lands may be required by the director for those facilities and uses which may include more frequently used machinery and equipment in order to minimize potential lighting, odor, vector and air and water quality impacts. (1996, ord 96-160, sec 2; ratified April.6, 1999.) Section 25-5-67. Other regulations. (a) If any legal building site in an FA district has an area of less than one acre, then the yard and height requirements for the building site shall be the same as the yard and height requirements in the RA district. (b) One single-family dwelling or one farm dwelling shall be permitted on any building site in the FA district. A farm dwelling is a single-family dwelling located on or used in connection with a farm or if the agricultural activity provides income to the family occupying the dwelling. (c) Additional farm dwellings may be permitted in the FA district only upon the following conditions: (1) A farm dwelling agreement for each additional farm dwelling, on a form prepared by the director, shall be executed between the owner of the building site, any lessee having a lease on the building site with a term exceeding one year from the date of the farm dwelling agreement, and the County. The _ agreement shall require the dwelling to be used for farm-related purposes. (2) The applicant shall submit an agricultural development and use program, farm plan or other evidence of the applicant's continual agricultural productivity or farming operation within the Countyto the director. Such plan shall also show how the farm dwelling will be utilized for farm-related —--- purposes. (d) An ohana dwelling may be located on any building site in the FA district, as — permitted under article 6, division 3 of this chapter. 25-90 ZONING § 25-5-67 (e) Exceptions to the regulations for the FA district regarding heights, building site areas, building site average widths and yards, may be approved by the commission within a planned unit development. (f) Plan approval shall be required prior to the construction or installation of any new structure or development, or of any addition to an existing structure or development-which-is-used for minor agricultural products-processing.-- - - - (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2015, ord 15-33, sec 4.) Division 7. A,Agricultural Districts. Section 25-5-70. Purpose and applicability. The A (agricultural) district provides for agricultural and very low density agriculturally-based residential-use, encompassing rural areas of good to marginal agricultural and grazing land, forest land, game habitats, and areas where urbanization is not found to be appropriate. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-5-71. Designation of A districts. - Each A (agricultural) district shall be designated on the zoning map by the symbol "A" followed by a number together with the lower case letter "a" which indicates the required or minimum number of acres for each building site. For example, A-l0a 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 - (9) Crop production. (10) Dwelling, single-family,as permitted unci chapter 205, Hawai`i Revised Statutes and as permitted under section 25-5-77(b). (11) Farm dwellings, as permitted under section 25-5-77(b) and (c). 25-91 • P CATI ON CIUNTYREZSNINfl (A2I ti FA-1) GA ?14.-. YIN AN : L AU1 GSSDE ALE AI SIIUTH9 • HAWAI I (3) 27-0 13 Prepared For: Garvin and Laura Goode Prepared By: Sidney NI. Flake, Planning Consultant August 2021 Planning Dept. Exhibit_ 2 CHANGE OF ZONE APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or 1,4ibly print the requested information) APPLICANT: Garvin and Layra Goode:, APPI,I CANT'S SI G-NATI 06/1 6/21 ADDRESS: P.O. Box 552 Papal'kou. Hawai'i 96781 LIST APPLICANT'S INTEREST IF NOT OWNER: LIST PRINCIPAL(S) INCLUDING NAMES OF MAIN OFFICERS: PHONE:(Bus.)- - (Res.) (808) 964-2291 (Fax) LANDOWNER(S): Garvin C. Goode Txust and LAura J.Zoode Trust 6 &i. isiZ)g-e( 417 LANDOWNER. SIGNATUREM: 11.; , , Atiur- /-64-7DA'rE: 06/16/21 (May be by let-ter) LANDOWNER(S) ADDRESS: P. Box Box 552 Papai'kou. Hawai'i 96781 REQUEST: A-20a TO FA-2a (Existing zoning) (Proposed Zoning) TAX MAP KEY: 2-7-008: 130 STREET ADDRESS OF PROPERTY: 27-2365 Hawai'i Belt Road _ SIZE OF PROPERTY OR AFFECTED AREA(S)10 BE_REZONED: ___L9.51 acres _ AGENT: Sidney M. Fuke, Planning Consuhant ADDRESS: 100 Pauahi Street, Suite 212 Hilo, HI 9-6720 TELEPHONE:(Bus.) 969-1522 (Res.) (Fax) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Sidney Fuke COPIES: Garvin Goode Tc-7.-T%ClNE;vT ACA1. 1)N FOP. OPANOF7=7., _ . ratios:: is rrrri-veo, 10 tO with the at cha:qe of s-trot? Yes 71 pL,aase answer trot rest. of q;_les:IDn 1 and Lher. to cation 3. a. How many acres of the requested area do you intend to subdivide? Afl b. Into what lot sizes? c. if your request is approved-, 7,1p-pfoxima.tely how long after the date of approval do you expect to submit your subdivision plans to the Planning Department for preliminary approval? 1 month Do you intend to build houses on the newly created lots? yes If yes, please answer the following questions: On how many of those lots? 2 At what approximate price range? House $350K Lot Total S350K Approximately how long, after approval of the subdivision, would the first house be available for occupancy? 2 yrs If you intend to subdivide, please submit a preliminary schematic subdivision plan together with your change of zone application . Lo/m. 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? b. Sell or lease The land te, someone who has tentative plans? NiA Sol:, or loan o thQ land to ;.;vmoono who Oar no planc,? d. Keep it? N/A e. P. D. 2 5/84 1 4 Tf b, n c'ne kind ot pians the Please, answer api:-,foxi-mateLy how s3r.: after appccval of ocr tar ±n rio yo,2 eX000t tO :ransf,-3r the ..c,,,'Jbec: larld to ancr...her catty Eic yclIT r.:, a7-.s for icca' Ycs Oct Increases overall supply for small scale agricultural lots that allows a residence.. 4. Are there any buildings or the subject area? No f so, what kind? What do you intend to do with those buildings if your request is approved? 5. Is the subject land currently being used for any agricultural activity? no If so, please list the kinds of products grown and on how many square feet or acres of land per product . 6. Was your request to allow for the creation of smaller agricultural lots? Yes If so, did vour-plar.--iacIude the -following considerations? a. Commodity to be produced? What kinds of commodity? b. Suitability the proposed lot-size for chat commodity? 5uffioitr!nt LO I Icno . of LI; commercial agriculture? -2- _cases : . Please refer to planning and environmental report for this request. _ Ploas.e scrhesn.d bresehr evidence of consideration of :he above reqc ncs 7.oge:her with your reouest for a change of zone. If you do not intend to subdivide the subject and for some sort of agric,..litural purpose, please state your other reasons . To your knowledge, has there been any flooding and/or drainage problem on the subject area? No If so, please describe the problem. Please refer to planning and environmental report for this request. 8. Do you think that the roads leading to the subject area needs improvements? No If so, what kind? Please refer to planning and environmental report for this request. Is the road adequate for the proposed traffic volume or load? Yes 9. What sort of governmental assistance and/or improvements do you feel will be needed in the subject area when developed? Yes No a. Schools X X c Sewer C. Drainage X -3- les ?clice rd-..=e-c11= X X I . For those checked "yes , p1ease elaborate what type or kinds of ifTrovemenLs and/or assi_sfance are needed. c,,G) Signature: t AddreSs: P. 0. Box 552 Papal`kou, U1967S1 npn cm.? (808 964-2291 Date: June 3,2021 -4- COUNTY ENVIRONMENTAL REPORT COUNTY REZONING REQUEST (A-20a to FA-2a) GARVIN AND LAURA GOODE ALEAMAI, SOUTH HILO, HAWAII TAX MAP KEY: (3) 2-7-008: 130 INTRODUCTION Garvin and Laura Goode ("applicants") are requesting the rezoning of a 9,581 acre parcel from the Agriculture (A=20a) to Family-Agriculture (FA-2a) district in Alemai, South Hilo, Hawai'i. The property is located mauka of the Hawaii Belt Highway (Highway 19);_approximately 1/2 mile north or Hamakua side of the intersection of the Old Mamalahoa Highway and Highway 19. More specifically, it straddles Kalaoa Camp Road, approximately 600 feet west of Highway 19. (Figures 1 and 2). - If approved, the applicants intend to subdivide the 9.5+-acre parcel into three (3) lots, consisting of 3.7+/- acre, 2.8+/- acre, and 2+/- acre, exclusive of a 'N- acre road/utility easement that bisects the property. Two (2) of the lots would be conveyed to family members, while the other with the family dwelling, would be retained with the applicants. One of the applicants' family members intend to construct its dwelling on one of those lots. In the end, all three lots would have some measure of family-agricultural activities on the lots. The request, thus, is essentially a family-agricultural subdivision, H. PROJECT LOCATION As noted earlier, the subject property is located on the mauka side of the Hawaii Belt Highway (19), approximately 1/2 mile north or Hamakua side of the intersection of the Old Mamalahoa Highway and Highway 19. More specifically, it straddles Kalaoa Camp Road, approximately 600 feet west of Highway 19. (Figures 1 and 2). III. PROJECT DESCRIPTION -- A. Prolett Concept and Components - The subject site is currently cultivated with a variety of fruit trees, a startup nursery, and a small equestrian activity, all of which are owned, operated, and maintajned by the applicants with some help, Specifically, the site has been planted with bananas, avocado, citrus, lychee, mango, and a variety of other fruit-bearing trees. They are in :� B u 'tSterePage t � e See Face 2.0t,,_<",„ o • •,+ r:r ' ll I 4 a (Monica za'it+mtir �- #_ ,,_ �_�__-___,__.—---- -- 1 ` '------K---4' ---_. 1- art ,k �-_'•' F i i •r "-t, _r , <`°�. + r } --.�„ ' . r r ,,,,..;,;„;,..,..,,-.5„,,,,,,,..., - t C .ir-�,�� _.•,�� \ ' s ,y..• -"---'-"---' -- / ` . - ---�cJ"J'tWrr f ., _� ; ' ----,,,,,,,,,,„,.1;.7-5-,,,::-_ grt}S'¢. r r "[ i'1 7.,;,,,,,,i1 k --- -___ _ x� r t rarer tf 'l� ., or,,. ,,,"a;^?'+ . !,'4. F tj� __ -"t) N • ""' eA Cltha}:r ! .t Y Y . t _ �____" iliAYTit7 st^:n '"•+-`f .;j.. Cc t r rt'`", # . Inn :_ , — p r?t,.aver! 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See Page 25 '1 See Page 26 6 Jr., ._,_»_- ... .. ...A ..... . FIGURE • I ti .� �� P -' tea_. ir. –_ } i- _ •+ -', _. - -.�"�t_!�T �7 \_ \ —',—A.l--E- A Ji Jj/ i t3 7 p. •r "j y � ` k t f�.\ i ii /jjj , JR..;',"'"',!;,:-,----7,,,t,4'4" . / - .�.i _ ... Agr ls.ay. 4 �� > �J .. _ I r 1 , . ,. . j ..,.r r. .... .r......., .i F)w } S { ;.,. "•'µ'].AA < j . Z q .,.C— .. L,. C J , .Q � r �C;`.-12:',/[;;;;;;',"...'`4 l Sr ' ';',V.2 '4!;'-'---;' � t -d rr c . 4/6, ,6'f.7 ^ ,. ,_xz A', _ �. st 1 \ Fe bls . '--j' si 'KI ) OCl ., L `"�lti`i � Lti. s . nes . aI fi " -i)N G t p et .r a,IN9 � ` r °§ 7° / ` r /)),.. .,...- rn �. /f J/ l 7 �Ke ry,M1 . < 1725:43 ''',1:,.,, 0 .-". / d� $L29T• / , ' 19 .%. C 'I ./ C h I 4'1 M .� /fyV ` . � III � "' � �2k � -'7�£ ga t ' � s �F3 j e � ' �� �_=1 , ,„ -� \•,‘—^, ri "- r4 1. r n ' /41.14..L.,.., 1 ,e 12 t kA f ' . r, \ e1"� A M �� q7 1r 'Y .,. '1 j .,. . Zy/ ' ' �,2n, .;;;I:._ 9!29 Z , .r'"" ,•,>... vI F _ 5 / ; =I. —� ' "+x e is .3..,'f .,.,x. FAL.n {jj S; t�7. i! � ,F„Putts !z ,,. ,,,.., 'VI - ...r.....,. ,a.w 'wa. __�� Trvlt.—.—.--5!ON �• ,y Pih »- `\',`-` �i 20,C SEC iLAi �>�..,. - _.., 0 t 2 7 0 8 ';u. ,••+ •• .+... AD YrIN:E 3ttcE. ',_.�R ?1777!NP O,.Y.t 4 t(. _ , r tx,x xn:rnNc"n PARCEL. F. .SLP.i1.rAt I=VAL,f2A,_, ;;MJECT TO CifAM61- A •goo At the beginning of establishing a nursery as well as an equestrian operation. To assist with the farming activities, the applicants applied for and received approval in 2009 (FDA-09-000255) for an additional fam- dwelling. That dwelling was constructed and currently occupied by persons helping with the farm. Subsequently, the applicants applied for a Special Permit and received approval in 2013 to operate a Bed and Breakfast ("B&B") within tF6ir dwelling (SPP 14-001390). That dwelling which existed prior to the approval of the aforementioned farm dwelling - was thus -not-considered a farm dwelling. Thus, that dwelling-was-technically considered the first farm dwelling. As the applicants are advancing in age, maintaining both the farm and B&B became a little too onerous, Concurrently, they desire to use the site as part of their overall estate planning, conveying a lot each to their children. Along those lines, with the intention of having one of their children live on the site, an additional (2nd) farm dwelling permit was issued by the Planning Director in a letter, dated November 10, 2020 (FDA-18- , 000459). With this approval, the subject property would be eligible to have three (3) dwellings, two (2) of which would be defined as farm dwellings and the last one, as a B&B dwelling, Although all three (3) dwellings are allowed without the land being subdivided, it would render potential complications with respect to financing, conveyance, and liability. The Applicants, at some point in time, would also like to be in a position to convey-their-B&B home and the other two (2) farm dwellings to their children. Along those lines, they would like to them secure their own financing associated with their respective properties. As such, the 3-lot subdivision would address their needs. The proposed layout is reflected in the propos-ed subdivision map. (Ficure 3). The largest lot (Lot C-1), consisting of 3.718 acres, would continue as a B&B and operated by the applicants until it is time for them to convey it to one of their children. That site would also include a banana farm and some equestrian activities, Proposed Lot C-2, consisting of 2.820 acres, is the site of the existing farm dwelling. That site includes over 80 avocado trees. Lot 0-3, PROPOSED SUBDIVISION Or'LOTS C..— PORTIONS OF' GRANT 2396 TO KAIKAINA AND GRANT 2395 TO KEK4NIK1 ALEAMAI, SOUTH HILO t _ _ _ ISLAND OF HAWAII 'x;i,;; 8 cress HAWAII a�L •,s F,.0 i-'3t ':S41 2..7-4.... .0.'.G 4 ).....ViTfa1 o:l mr�r 9wm7.ff(1)2-?-44 ti ___._. 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Te94 ÷ L4 inpim e 04 paned s! peozieq 'peo8 dweo eoeleyi aql. se 01. paliejeJ Aluowwoo s! legnuawasea • ssagge GuRs!xe ue 4uo4 pinom S4O jS 'pain6!juoo Alluauno sv -ssagoid uo!sin!pqns aul 6uunp só i aul jo au° mui pa;eJodiooul pue Jruawasee ue se Jo 401 pew e se paleu5!sep eq Jaulp !um luawasea Siq 'slo! (z) 0A4 Jaglo aq; 40--1 seleJedas leLp. Tuawasee 41!4nipeoi e s! leg; eaJe a5e-1, e s! alaql leg; pa4ou eq progs 'Amioe ue!..nsanbe auj 40 5n304 eq pue Bumannp wiej. mau 91_4 40 a;is eql eq wpm 'same 9Q° JO 6ups!suoo Under the digitized format, the subject site has two (2) designations on the LUPAG map. The upper portion is designated Important Agricultural Lands, while the makai portion, Low Density Urban. (Figure 4) Important Agricultural Land is attributed to those lands with "better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. The Low Density Urban designation allows uses that are single-family residential in character, ancillary community and public uses and convenience type of commercial uses. Notwithstanding the digitized identification of the upper portion of1:he subject site being designed Important Agricultural Lands, it is maintained that the Low-Density Urbpn interpretation is a reasonable and justifiable one for a number of reasons. For one, the LUPAG map was intended to serve as a land use guide and equally so, not intended to be specifically measurable. As noted in the introductory section of the General Plan (Ordinance No. 05 25), the County GP "is the policy document for the long range comprehensive development of the island of Hawaii." (Underscore added). There are thirteen (13) elements ranging from Economy to Land Use where policies, standards, and courses of action are outlined. These are then broken down by the various political districts of the County. Relative to the Land Use element, in addition to the policies, standards, and courses of action, there is also reference to a LUPAG map. The GP notes that this map "indicates the general location of various land use in relation to each other." it goes on to note that "The land use pattern is a broad. flexible design intended to guide the direction and quality-of future-developments in a coordinated and rational manner." (Underscores added) Furthermore, in the Standards portion of the Land Use element, there is a description of how this LUPAG map is to be used as well as how zoning req-uests should be-evaluated.- Specifically, pertinent-portions of the Standards state: "The designated land uses will be delineated on the General Plan Land Use Pattern Allocation Guide Map. The broad-brush boundaries indicated are graphic expressions of the General Plan policies, particularly those relating to land uses. They are long- range guides to general location... ."(Underscore added). 4 \1/4.,,m„,__...,,,,--•".\ el ( 1 . , / \ , ,....._ „, \ ......._ ,..„.._, --,,,_.,"----\......,____-- .,,,,,/,- ,,,..\j \---,,„_____, ,._____ 4,,,, . . , . .. . 1 . - . . ,.,. :, 1 ,,,./ ., . , '---::Subject Subject Site s ! t p FIGURE 4 "The establishment of urban-type zoning may include additional acreages to account for acreages utilized for public benefit, such as historic sites, public access and parks. Based on the above, the LUPAG map was never designed to be specifically measurable. It is intended to depict- broad-brush boundaries" and represents long-range guides to general location. True to its description - Land Use Pattern Allocation Guide -, the map is intended to serve as a "guide'' and not be applied in the same way as a zoning map, where its deviation would necessitate an amendment. if the LUPAG map were to be applied and used in the same way as a zoning map, it would not be possible for many previously-approved Special Permits— such repair facility or visitor accommodation facilities like a bed and breakfast or inn - to be approved in areas interpreted to be in the Extensive Agricultural, Orchard, or Intensive Agriculture Land category. The point here is that the GP is basically a policy document and the LUPAG map is a corollary guide that helps with the evaluation of a land use request relative to these policies. In the end, a case must be made to demonstrate how a request addresses the policies of the GP and not necessarily the LUPAG map. The other point is that the Applicants, in a discussion with one of the Department's staff was informed that the FA-2a request would be consistent with the LUPAG map. This is an understandable interpretation, given the foregoing discussion. Based on the requested Family-Agriculture (FA-2a) designation, it is maintained that the project would be consistent with the General Plan LUPAG map, and no amendment to the map is needed. C. Hamakua Community Development Plan ("HCDP") Relative to the CDP, Section 15.1 of the County General Plan called for the development and eventual County Council adoption of Community Development Plans. The General Plan states that the CDP "will translate the broad General Plan statements-to specific -actions as they apply to specific geographical areas." The General Plan also notes that should the CDP require a General Plan amendment, it could be considered concurrent with the adoption of the CDP. However, "if there is a direct conflict between the Community Development Plan and the General Plan, the General Plan shall be controlling." 5 • Pursuant to the above, the Harnakua CDP ("HCDP") was developed and adopted by the Hawai'i County Council on August 8. 2018. It became effective on August 22. 2018 as Ordinance No. 18 78. - - - - - Using the LUPAG digitized map designations, the HCDP noted the mauka portion of the site "Intensive Agricultural', while the lower side, Low Density Urban. as depicted in its Figure 5. 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 resdurces, public access); 2) Community (culture, town planning, infrastructure, public facilities, services, transportation): and 3) Economy (employment, industry, business development, small town revitalization, agriculture, tourism). Relative to 'Aina, there were three (3) specific objectives. Objective 1: Protect, restore and enhance watershed ecosystems, sweeping views, and open spaces from mauka forests to makai shorelines..." The site is not part of any watershed area, nor does it have any mauka/makai access. As such, the project does not affect this objective. 0 Objective 2: Protect and restore viable agricultural lands and resources. Protect and enhance viewscapes and open spaces that exemplify Hamakua's rural character. The applicants already have an on-going farm on the property. - This will continue. Given the age of the applicants, with the rezoning and subdivision of the property for family members, it will ensure continued agricultural activities on the site. The 2+ , acre farm lots are consistent with the rural character of this area. objcotivo 3: Encourage cornmunity-basoci collebomtive management plans... .... This objective is not applicable to the request, as this is a policy directed at governmental bodies. Relative to the four (4) specific objectives of the Community section: 6 g aunoH d kir L/V ovdni drii etileutei i -- - ...---_-, f.-- e-- ,e4.-'-„,..,,---"-- ,,....----. ,„.....,' / .,..,,.." ,..a.,k,...„,.., . , i , . _...... ,,-- ,--'*-- .-- ......, ---. .,,,..„.„...---"'..„.„,,,--0.' , 1 ,, - ..,- ...,....._,,....,.,:-.,-::-** „*„ „.......71 X,.., 1,,,,,..,,,"""'- ,, 4 '1, ..,<., ,,„,....... .,... .„,,,,_ ----,, _ ....., , /- / -,.......... < -,,..,,,, , , ,...., ---- _ _ ,, - -- -,-, ..11, '....'''.. .1., NI " "' f, , 11 _ tioNI,eCiPd 4: 1.4.i n .''''',1 I • Objective 4: Protect and nurture Hamakua's social and cultural diversity and heritage assets, including sacred places. historic sites and buildings, and distinctive plantation towns. The subject site is not within existing plantation towns, and thus, this objective is not applicable. o Objective 5: Direct futbre settlement patterns that are sustainable and connected. Honor Hamakua's historic and cultural assets by concentrating new development in existing, walkable, mixed use town centers while limiting rural sprawl. While-the-site is not within existing town, it is proximate-to-an— existing plantation camp called Kalaoa. The proposed lot size will be rural in nature, and there will be no more than the existing two (2) and one (1) new approved dwellings on the property. The visual and functional nature of the site will thus not be altered. • 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 contribute towards the community infrastructure. The project will provide • much needed housing opportunities for family members, thus . helping make its cohana stronger. ® Objective 7: establish a rural transportation network... This objective provides directions for governmental actions. As such_, it is not_really applicable. The third an last.category, Economy, identifies the remaining six (6) objeckivt.::5. 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 7 residents to work and shop close to home and that complement HamakitaS ecology, rural character, and cultural heritage." The focus of these objectives (plus Objective 6) is having housing', including affordable ones, proximate to areas of service and employment. This project achieves those objectives. The site is located proximate to areas of employment, yet in a rural setting. 0 Objective 10: Revitalize retail, service, dining, and entertainment centers that complement the community's rural character and culture. This objective is not applicable. • 6 Objective 11: Enhance and promote local and Sustainable- agriculture, farming, ranching, renewable energy, and related economic suppod systems. With its emphasis on family-agriculture, the project will fulfill this objective. Objective 12: Preserve traditional subsistence practices and encourages a reciprocity (e.g., bartering) economy as a sustainable complement to Hamakua's resource-based economy. While the applicants' farming operations is financially conventional, they do periodically engage in "bartering" or "sharing" with other agricultural producers or neighbors. e Objective 13: Promote appropriate rural tourism that welcomes guests for an alternative visitor experience... . VVith_its B&B component, the projeciollecftvely_will implement _ Objectives 11, 12, and 13. In light thc; above:, it is niaintaineci that the, Applicants' request is consistent with an implement the objectives of the HCDP. D, County Zoning The County zoning of the subject property is Agriculture (A-20a). 8 _ . The immediately adjoining properties are also zoned A-20a, while some properties on the makai side of the Highway are zoned RS-10. For the most part, however, the size of the lots in the vicinity range between 1-5+ acres in size and thus, do not necessarily correspond to the minimum area called for in the A-20a zoning. (See Figure 2) If approved, the site would be subdivided in a manner meeting with the requirements of both the Zoning and Subdivision Codes. Further, all uses and standards consistent with the requested FA-2a zone would be adhered to. It should be noted that in describing the "Purpose and Applicability" of the Family Agricultural district, the Zoning-Code-describes the district as being "intended to he primarily comprised of agricultural lands less than five acres in area, which are not classified as A or B lands under -the land study bureau's master productivity-rating, or classified as prime, unique, or other important agricultural lands. (Section 25-5-60) The soil of the subject site is classified "C" or fair, making this rezoning possible. E. Relationship to SMA Objectives and Policies The site is not located within the County Special Management Area (SMA). No SMA Use Permit is required. However, as the entire island falls within the Coastal Zone Management (CZM) Area, a discussion of the request's relationship to the CZM Program follows. The site is not adjacent to the ocean. It is about two (2) miles from the shoreline. As such, the proposed action should not have any adverse impacts on the area's coastal recreational and marine resources -nor have any impacts on beach protection, As the site was and continues to be used in some form of agriculture, the likelihood of this improvement having any impacts to the area's historic resources is not high. -- The proposed-action will involve-the construction-of improvements-hi a non-urban otting. Accorclinsly, thoro iF; potenticd vi$c1,-1. 1 impcct to the area's scenic and open space resources. However, the project site, while located mauka of the Mamalahoa Highway, is not readily visible. Thus, coastal scenic and open space resources to Mauna Kea should not be affected. 9 Relative to the Coastal Ecosystems, impacts should be negligible, if at all, as the site is located well over two (2) miles from the ocean. Notwithstanding the distance, the nature of the project — family agricultural — and the construction of only an additional private wastewater system is such that potential adverse coastal ecosystem impacts should not be pronounced, if at all. The proposed action will result in creating the potential for family- agricultural farm lots in this area. This should thus provide additional opportunities for farming. In so doing, the project could aid the agricultural economy and the overall economic use of this site and the area in general. Because of its distance from the shoreline, the site should not be subject to coastal hazards, Relative to the managing development objective, this function is more applicable to the "authority" or approving agencies. However, it is noted that the request would operate and be constructed within the scope of the Zoning Code. The subject site would be zoned FA-2a, and the requested use and design/parameters (parking, height, setback, etc.) would be consistent with said zoning. In that regard, the project would be consistent with this policy. Finally, in terms of the public participation objective, this is generally a public agency function. This is achieved through the Marine and Coastal Zone Management Advisory Group (MACZMAG) and the • public hearing process required pursuant to the Planning Commission's Rules and County Council's meetings on this application. Notices of this application will become available through the posting of a sign on the property, as well as sending two (2) notices to surrounding property owners, one at the time the application is filed and again, prior to the public hearing. Based on the foregoing, it is concluded that the requested improvements would-be consistent with the objectives, policies and guidelines of the Coastal Zone Management Policies, -as outlined in Chapter 205-A-23, HRS nd Planning Comrnis-sion Rule relating to Special Management Area. F. Other Permitting Requirements As noted earlier, other permits would still be required. These would be of the "ministerial" variety, such as Subdivision Approval, possible 10 Underground Injection Control (UIC) permit, grading/grubbing permit, building permit, and the like. V. ENVIRONMENTAL CONSIDERATIONS A. General Description The subject site is a narrow shaped parcel, located mauka of the Hawaii Belt Road (Highway 19). It is bisected by the Kalaoa Camp Road. There are two (2) dwellings and several farm related structures on the property to support the existing fruit-bearing farm - and evolving equestrian activity. The site is situated at approximately the 350-foot elevation level The site gently rises at a 5-10% slope in a makai-mauka direction, with the highest point being at the western end of the property. There does not appear to be any topographic constraint in developing and utilizing the site for three (3) 2+ acre sized lots, as is evident by the existing structures and on-going agricultural use of the site. According to the State Commission on Water Resource Management, the closest rain gauge in this area is the Hilo Airport. The annual median rainfall for this area is approximately 131 inches. The average daily temperature ranges from a minimum of 61 degrees to 79 degrees Fahrenheit. Wind patterns are generally easterly during the day and westerly during the evenings. B. Soils and Topography The Land Study Bureau Overall Master Productivity Ratinalor the subject site is "C" (C-42) or fair. The "C" classification denotes soils-of-- the Hilo and Wailea series, with deep, moderately fine soil material. The color is dark brown, and the parent material is volcanic ash. This type of soil is well drained and moderately suited for machine tillability. Having been planted in sugar cane in the past, the State of Hawaii's Agricultural Lands of Importance to-the State-of Hawaii (ALIS-H) maps classify thi. site Prime. C. Natural Hazards 1. Drainage The US Corps of Engineers' Flood Insurance Rate Map (FIRM) designates most of the project site to be located in Zone X, areas outside the 500-year flood plain. The Applicants have not observed any significant runoff or erosion in the recent past. Pursuant to County drainage requirements, appropriate drywell and/or similar means to capture runoff from the newly constructed improvements will be built, if necessary, in conjunction with the subdivision approval process. 2. Tsunami Hazard As the site is located over two (2) miles from the_ocean,_it is located outside of the Civil Defense's Tsunami Evacuation Zone. 3. Volcanic and Earthquake Hazards The United States Geological Survey (USGS) classifies the area as Lava Flow Hazard Zone 8, on a scale of ascending risk 9 to 1. The City of Hilo is classified Zone 3. The entire island of Hawaii falls within Earthquake Zone 4, according to the County Building Code. As such, certain structural requirements will be needed and taken during the building permit process to address this seismic hazard. D. Flora/Fauna Although there were no professional surveys conducted of the floral or-faunal resources of the site, the Applicants do not believe that rare or endangered floral or faunal resources are likely to be found within the subject site. The site is generally cultivated into fruit bearing trees with an - equestrian component. It was formerly used for Sugar cane. As such, the Applicants-do not believe tt-rat the property cloeb not have any-- for The site is not known to be a habitat for any rare or endangered animal life. Given its elevation, however, it would be possible to find the Hawaiian Hawk (Po) and the Hawaiian Owl (Puce). Further the rural nature of the surrounding areas would make it less likely to find endangered animal life in this area. 12 E. Historic/Cultural/Archaeological Resources As the site was formerly cleared and used for sugar cane and now for fruit bearing and equestrian activities, no commissioned archaeological survey of the site was made. As such, the Applicants do not believe that the site has any archaeological features. However, in the event any inadvertent discoveries are made during any land disturbance activity relating to this project, work will cease, and the applicant will immediately notify the Planning Department and the State DLNR and secure their clearances before proceeding further. G. Valued Cultural Resources In view of the recent Hawaii State Supreme Court's "RASH" and "Ka Pa'akai 0 Ka'Aina decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated tradition and customary practices of this site. In this situation, the subject site is not adjacent and/or proximate-to the shoreline. As such, gathering of marine life and coastal access is not an issue. It is not known whether the subject or immediate surrounding area was used in the recent past for the gathering of plants by native Hawaiians. The Applicants have not observed any native Hawaiians on the site or adjoining properties gathering plants in recent times. Thus, it would appear unlikely that the site would serve such purpose today. In the event legitimate gathering claims are made by native Hawaiians, the Applicants intend to respect and honor such claims and provide the needed access within the site. Based on the above, it does not appe-ar that the project would have any potential adver,se impact relative to the cultural and historical resources of the area which cannot otherwise be mitigated. H. Water and Coastal Resources The subject site is located well over two (2) miles from the coastline. 13 As such, coastal impacts resulting from discharge of wastewater systems from the site should not be significant. Further, being a non- coastal property, no coastal access will be affected. As the site falls within the Critical Wastewater Disposal Area, septic tanks will be required for any new dwelling. These will be constructed in a manner meeting with the approval of the State Department of Health. Noise, Air Quality, and Dust The existing private Kalaoa Camp Road has a 12-foot pavement with graveled shoulders within an existing-30-foot easement through the property. This road abuts the Hawai'i Belt Highway (Highway 19). The existing ambient traffic level along the private road is relatively low. Relative to the traffic along Highway 19, however, the traffic can be significant during certain hours. Since three (3) homes are eligible on the site, two (2) of which already constructed, and the zoning will not result in the creation of any additional dwelling, the noise level associated with traffic is not anticipated to increase at all. There may, however, be short-term noise impacts associated with the construction of any required infrastructure and the structures. In that event, contractors will be required to comply with appropriate noise and related mitigation measures of the State Department of Health. The proposed development should not generate any direct 2if ciuslity impacts. The only discernible air quality impact could be associated with the vehicular traffic to and from the site. While there will be an impact to the ambient air quality, the impact should not be significant, as the project will not result in any increase in density. Further, with higher EPA standards for automobile air emissions, the air quality impact should thus hopefully not be significant. As such, with the exception of potential construction dust in the beginning, long term dustigenerated by the project should be minimal. Construction dust, however, like construction noise will havto comply with the State Department of Health's regul;--3tions. J. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as being a scenic resource. The subject site is not listed 14 as a scenic site However, there were a few examples cited in this area such as Mauna Kea. The rezoning and subdivision will not result in the addition of any further permitted dwellings. As such, the visual impacts to Mauna Kea should be negligible if at all. While the site is located on the mauka side of the Highway, it is sufficiently removed from it so as to obstruct any of that view. VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The land use in this area is generally rural/agricultural in nature. There are some agricultural activities in this area. For the most part, the immediately surrounding lots are used and/or zoned for rural- residential and agricultural purposes. There are a number of lots ranging between 1-5 acres in this area. Notwithstanding the A-20a designation of the surrounding properties, given the existing conditions, the proposed development would not be incongruous with the emerging rural-agricultural pattern of this area. B. Economic Impacts The requested zoning would have some measure of economic impact, as it would make at last two (2) additional fee simple farm lots with on- going agricultural activities more sustainable. Although the project is directed at the landowners and their children, it would still enable the ultimate users the opportunity to engage in some sort of agricultural activity. As noted above, the requested zoning would have some measure of economic impact, as it would create two (2) additional smaller farm lots that would be more suitable for families rather than corporate activity. Further, given their size, it would make the existing agricultural activities more sustainable. As suchthe proposed subdivision should help enh2nce rather th2n diminish the 2gricultur21 uses of the property. Furthermore, with the fruit-bearing trees and the planned nursery, the project could help serve as catalyst for the surrounding properties to be used more intensively for small-scale family-oriented truck crop farming. 15 As such. with the direct agricultural use plus the added tax revenues the project could have some positive influence on the island and area's economy. Aside from the potential agricultural activity, there will be some small short-term construction activity associated with the construction of the remaining permitted dwelling and other farm related structures. This could help, in a small way, with the area's construction economy. C. Agricultural Impacts As noted above, the requested zoning would have some measure of economic_impact,as it would create opportunity for the Applicants' family to each own their property in an area that would be more suitable for families rather than corporate activity. As such, the proposed subdivision should help enhance the potential to have more and sustainable agricultural activity on the site. Specifically, the Applicants and one of their children are interested in developing a nursery that provides or supplies gourmet type of products that would be used to supply local restaurants. These types of products, which require little soil and good drainage, would tentatively include poha, arugula, as well as drnjland taro, sweet potato, lychee, banana and the like. Green waste mulch would he introduced to supplement existing soil composition. Because of the area's rainfall, water catchment system will not be needed. However, if needed and to minimize the stress of the County's water system, catchment system can be installed. These planned agricultural ventures could help serve as a catalyst for some surrounding properties to be used more intensively for-small- scale truck crop or floricultural farming. Furthermore, with the direct agricultural use plus the added tax revenues, the project could have some positive influence on the island and area's economy. VII. INFRASTRUCTURAL CONSIDERATIONS A. Road Access to the project would be from an existing private cane haul road commonly referred to as Kalaoa Camp Road. It is a private road easement within a 30-foot wide right-of-way.. The area from Highway 19 to the subject site has a 12-13 foot wide pavement with a 3-foot graveled shoulders. The road easement bisects the subject property. 16 _ _ This private road eventually intersects with Highway 19, a State- owned and maintained road with a 22-foot wide pavement and paved shoulders within a 100-foot wide right-of-way. B. Water The subject site is already serviced by two (2) existing County approved water meters within Kalaoa Camp Road, The Applicants already are in the process of installing a third County-approved meter to serve the last dwelling. As such, no additional water service is required to service the proposed subdivision. C.- --Wastewater There is no County wastewater system in this area. The two (2) existing dwellings are currently served by their own cesspools. The new dwelling will have a septic system installed in accordance with the requirements of the State Department of Health in conjunction with the building permit process. D. Solid Waste Solid waste will be handled through commercial haulers or the individual homeowners into authorized landfill sites or transfer stations. With the requested FA-2a zoning, the potential for uses with toxic or related chemical waste would be minimal, if at all. Further, all agricultural waste will be retained and utilized on the property. E. Other Government Services Although not really within the City of Hilo-urban--area -it-is already being serviced. As such, no extension of government services would be required. The nearest fire station is located at Hilo, which is about four (4) miles from the subject site. The Police Station is also located in Hilo. The Kalanianaole School (K-8) is located less than two (2) miles of the site. County parks are available in Pepeekeo, Papaikou, and Hilo. As such, the project should not result in the extension of any of these government services. Further, the required public facilities are located reasonably proximate to the subject site. 17 F. Other Utilities All other utilities such as telephone, cable, and electrical services are available to the site. VIII. IMPACT SIGNIFICANCE ANALYSIS A. Relationship Between Local Short-Term Uses of Environment and Maintenance and Enhancement of Long-Term Productivity If the request were denied, the short-term use of the area of the proposed rezoning would probably continue in agricultural state, a state that may not be too sustainable given the Applicants' stage in life. With the rezoning and eventual conveyance of the smaller properties to their children, the agricultural operations become more sustainable. Further, the subdivision would provide an opportunity to address their housing needs at an affordable level. From a long-term productivity standpoint, then, the proposed 3-lot subdivision would provide a heightened level of possibility in having the land used for more intensive and sustainable agricultural activity while addressing the area's overall housing needs. B. irreversible and Irretrievable Commitment of Resources As the site has been relatively disturbed in the past, it is not likely that its development would result in an irreversible commitment of natural or archaeological resources. There are no known floral or avifaunal resources on the site that required protection. There are also no known archaeological or cultural features on the site. The soil on the parcel has been classified "C" or fair by the Land Study Bureau, making it conducive for small-scale agricultural activity. That is evident by the existing use. It is reasoned that the creation of the 3- lot subdivision should help foster and sustain instead of removing them from their agricultural use. C. Mitigative Measures The Applicants intend to make improvements generally consistent with the subdivision process. During the construction phase of the project, contractors will be obligated to comply with appropriate State noise and air quality standards. 18 Should unanticipated archaeological finds be discovered in conjunction with any further development of the site, work will stop (as is required by the State and County protocols) and clearance secured before work is resumed. There is no existing drainageway on the property. Any and all required grading or grubbing work will be done in conjunction with the required permits and/or a SCS Agricultural Plan. This is to assure that the development of this site does not adversely affect the drainage of surrounding properties. Finally, there will be no person or businesset to be dislocated by this project, D. Alternatives to the Proposed Proiect 1. No Project Under the status quo alternative, the site would continue with its agricultural use with a B&B. Under that scenario and given the Applicants' stage in life, those uses may not continue very long. There may be a gradual diminution of agricultural activities. Furthermore, the Applicants would not be in a position to fulfill its estate planning in a manner that would be generally consistent with the agricultural and housing objectives of county plans. 9, Alternative Density Under this alternative, the applicant could seek a more intensive zoning, such as FA-1a-given the proximity of the site to urban uses like Papaikou. Such an approach, however, may not be compatible with the policy of trying to foster more family-oriented type of agricdtural activities, such as truck crops or cottage farming in this area in a manner carrsistent with the area's infrastructure. 3, Evaluation of Alternatives The project's impacts to the area's sodal and physical infrastructure would not be pronounced. Certain mitigative measures could be taken to address any possible impacts associated by the development of this project. Further, the 19 project would be consistent with the land use objectives sought to be accomplished by the County General Plan LUPAG map and Hamakua COP. In view of the aforementioned, it would appear that none of the alternatives would be more prudent and beneficial than the requested FA-2a alternative. IX. REGULATORY ANALYSIS A. General Plan LITPAG Map The General Plan-provides for the long-range comprehensive development of the island of Hawaii. It provides direction for balanced growth in the County. Under the digitized format is designated Intensive Agricultural on the LUPAG map. As discussed in detail in Chapter IV-B, this site could arguably be determined to be within the Low Density Urban area. Notwithstanding this designation, the Zoning Code allows consideration for FA-2a zoning for sites not classified "A" or"B" on the Land Study Bureau map, and this site is classified "C". The proposed family-agricultural subdivision resulting in three (3) lots, consistent with the allowable three (3) dwellings, would be consistent with the Low Density Urban designation. As such, no General Plan amendment would be required to effectuate this project. B. General Plan Polices The requested-zoning would be consistent with the goals, policies, and standards of the General Plan document. For one, it may provide limited short-term -economic opportunities largely through the construction of any improvements required for the subdivision. More importantly, however, longer-term opportunities would be-created largely in the form of potential to sustain -S-rn-all-scale -- truck crops or nursery farms. In so doing, the resultant project should add revenues to the County and State coffers. The project intends to be energy conscious through the use and/or encouragement of solar energy and design features to take advantage of the sun and wind patterns. 20 Maintaining and improving the quality of the environment is important to the success of this project. The General Plan identifies five (5) areas of environmental concerns air pollution, water quality, soil pollution,solid waste disposal, and noise pollution. As proposed. the project would not be violative of any of those objectives. Aside from vehicular transmission, air pollution associated with the project should be negligible. All wastewater systems would be consistent with the requirements of the State Department of Healti. This should be sufficient toaddressany potential groundwater or coastal water impacts. If requiredra solid waste management plan could be-prepared-and implemented, The project will also not be a noisy one, except as may be associated with the limited farming operations. Any noise- generating facility - such as air conditioners - would be carefully placed to minimize their noise impacts to adjoining properties. Further, it is unlikely that this site would be used as a processing plant, as it would be more economical to send products elsewhere. The project area is outside of any floodway. Nonetheless, if required, a drainage system will be designed and constructed (especially in conjunction with the subdivision approval process) in a manner to protect the property as well as to minimize the volume of surface runoff generated by this development. The site does not have any known archaeological or cultural features. However, if inadvertent discoveries are found during the construction phase of this project, work will cease, and the County and State notified. Work will resume only after proper clearances from the State and/or County have been received. While there have been sightings of the Hawaiian crow (kale) or the owl (Pueo), this area is not their primary habitat. As such, the subject project should not have any significant impacts on rare or endangered plant or animal life in this area. As the FA-2a zoning would allow for the eventual subdivision of the property into three (3) lots, consistent with the permitted three (3) dwellings. This is thus a situation where there would not be any added public burden on infrastructure. Further, by making it possible for the Applicants children to each own their property, the subdivision fulfills the objectives of the housing element. It adds to the overall housing inventory. 91 _ - The Plan also emphasizes that developments he mindful of an area's natural beauty. In this situation, the project — with the protective conditions — will be used in a manner where it blends with the existing terrain. As the project site is more than two (2) miles from the ocean, the usual coastal resources concern is absent or not pronounced. There will be no interference with shoreline access. Then, too, through the use of a septic system for the new dwelling or other acceptable form of wastewater system, impacts to the coastal water will be minimized. There will be marginal impact to public facilities. The wastewater system will he private. There already is an-existing-county approved water system with sufficient source serving the site. Vehicular access to the site is already partially improved and accessible by emergency vehicles. Schools and other public facilities are also located proximate to the site, most of them being no more than three (3) miles away. Finally, in terms of the Land Use and Agricultural elements, the pertinent goals, policies, and standards of the General Plan note the following: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural and physical environments of the County O Protect and encourage the intensive utilization of the County's limited prime agricultural land 0 The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and soda! environment • Zoning requests shall be reviewed with respect to General Pia i designation, district goals, regional plans, State Land Use Dist(ict, compatibility with adjacent zoned uses, availability of public servicesand utilitie3, aGGe55, and public need • The compatibility of agricultural and non-agricultural uses should be carefully reviewed and where appropriate, buffers required 22 O Rural-style residential-agricultural developments, such as new small-scale rural communities or extensions of existing rural communities, shall be encouraged in appropriate locations O The county shall encourage the development and maintenance of communities meeting the needs of its,residents in balance with the physical and social environment O Agricultural land shall be used as one form of open space or green belt. In view of the foregoing goals and policies, it would be generally compatible with the surrounding-area-. There are a number of • properties consisting of 1-5 acres in the general area. The soils of the site are classified "C" or fair by the Land Study Bureau. In spite of that designation, the site does have agricultural potential as evidenced by the current agricultural activities on the site now. Given that, if approved, this project should actually create more opportunities for to expand and more importantly sustain the agricultural activities on the site. The lot size would be conducive to the Applicants and their family members' needs for a residence and family type of farm. The property has no severe topographic or geologic problems that would render the land unusable for the proposed subdivision and activity. C. Hamakua Communi- Develo iment Plan As discussed in detail in Chapter IV-C, the project is consistent with the Hamakua CDP. D. Zoning and Subdivision The designated zoning of_the site is Ag-20e. Should the FA-2a zoning be approved, the requirements of the zoning and subdivision codes would genorally be: complied, including use and related development standards. These include — if necessary - the incorporation of appropriate restrictive covenants relating to density, use, and design restrictions. However, depending on the subdivision requirements, the Applicants may seek some relief of any infrastructural or related requirements, 23 E. State Land Use Agricultural Standards As the requested lots will be more than 1-acre, the request would not in principle violate the minimum lot size standards of the State Land Use law. All of the applicable use guidelines of said law would be adhered to. • 24 • SidnevFL;ke, ltixt•fitt# at.1.4,7;;;INer.:«gt 100 Paualii Street,Suite 212.Hilo, Haviai i 96720 •plaramg•Vanance•Zoning Telephone:(808)969-1522 Cell:(806) 989-0640 •Subdivon.;1_4d Use Perm:Ts sidfuke@havaiiantel.net •Envronmen:al Repof Allot's( 9. 2021 Mr. Zendo Kern. Director Planning Department COUNTY Or HAWAll 101 Patialii Street Hilo, 111 96720 Dear Mr. Kern: Subject: Rezoning Application —Carvin and Laura Goode _Meantland Kalaoa,South Hilo,Hawaii,'FMK: 2-7-008: 130 Transmitted herewith for your review and processing is a rezoning application for a 9.581 acre'parcel of land. 'The property is located mauka of the Hawai'i Belt Highway (Highway 19), approximately I/2 mile north or.1-kurakua side of the intersection of the Old Mamalahoa Highway and Highway 19. More specifically, it straddles Kalaoa Camp Road, approximately 600 feet west, of Highway 19. The applicants wish to have the property rezoned and subdivided into three (3) lots, COT1S.itClit with the two (2) existing, and one (1) new approved farm dwellings. If approved, the applicants intend to convey the two (2) lots to their children while retaining and continuing to operate an approved Bed and Breakfast dwelling. The transmittal includes the a) application form, departmental questionnaire, and environmental report, which includes the location and proposed site plan; b) processing fee of$575; c).a list of surrounding property Owners within a thousand(1,000) feet of the subject parcel; d)real property tax clearance form; and e) the metes and bounds description. For the description, I enclosed a copy of the 2-lot consolidationtresubdivision action that was granted final appromaLonDec. 16_2014 (SUB 14-001390) as vell as the warranty deed. We trust that everything is in order for your acceptance and processing of this application. If not or if there are questions relating to this matter, please feel free to direct them tonic. Thank you very much. incerelv, ()m SIDNEY M. FUKE Planning Consultant Enclosures • Copy Mr. Garvin Goode w/ enclosures via email (goodegarvinPomail.coin) Planning Dept. Exhibit. 3 • II . . • OPTIONS OF GRANT 2396 70 hail:A/NA AND GRANT 2395 07 KEKAMK! AND .E.TQUEDIVtatat:.t21O LOM...42.../XLP Atc.,,,,,,1 -,,,ruro -iIg..0 !-,.4.,17,Ci. , . . . i . ,.„ ,, . . • ;i7,.:.;. •: . - , .. . ,,/ — .. 7,--• - • 1 '•' '•• •• 'V,:.4 1,I • ,s _ _ .., / / ••• ,••••'.•••,••' ' ••• . , - 1•.• . Per,:fr-1,1,, A7 '--. '• . ...__..... __...._" i.•: . .,.... 1,, ".-- .1,-.. '•7-:-.., ', 1 " I!•1'4/'-•-•-• ••t'-----''.---'...---''''''••"-- 1;,„., ,...-' f--:Tai;M:',.. --,-•;,i' ,••••••••-' ,-,Z i'''-. ,. 1 Z,Lr's• -' • • -'--- t-.17-7''-',..-.----47 -"-------•"'"-'"-.--------4.-/-•••••-:•. ; ''•',,'-4, ''';""• ' ' 0---" ' 1",,,,,, ,,, ,..,!„•;:-;7„,' ,-^ ., . .6., '•,, 1 '../ • i .,..,., .. ,\ .• ,----. 1 --,\ il ,-5';',-"' ,f • 1, ;.. —::::•:.:••...: -... , \-..,,,,,,....gi.e.zm- ,,,. - i --, „, , \ • .' ,r ----,.. ,,. , , . r.,,,,,,,,+....ist '',q.",, • , 1 , ' , . ,-,1,•C'..' 1 :•••;;•••,74'n,',:::-•' , . , .,.., ,.. /''' . . , •....,...,. , ,. • , . , - I— VICINt TY MAP i 1 1 -.,- . NOT TO SCALE — _—_. -- -- - - _ • • • • • • • • • • After Recordation, Return by Mail () Pickup() to: Mr. Garvin C. Goode,Trustee TO: 2020-39900 Ms. Laura J. Goode, Trustee TGE: 23220160734 Post Office Box 552 Mr. Michael Nagai Papaikou, Hawaii 96781-0552 Total pages: THIRTEEN Affects: Tax Map Key: (3)2-7-008-130 & Tax Map Key: (3) 2-7-008-131 Lot C • WARRANTY DEED THIS WARRANTY DEED, is made this day of 2021, by: GARVIN C. GOODE, Trustee of the Gamin C. Goode_Revocable.Living Trust dated June 25, 2015, with full powers to sell, lease,convey, mortgage or otherwise deal with real property, and LAURA J. GOODE„ Trustee of the Laura J. Goode Revocable Living Trust dated June 25.2015, with full powers to sell, lease, convey, mortgage or otherwise deal with real property, whose address is Post Office Box 552, Papaikou, Hawaii 96781-0552 and WILLIAM ALAN HURT, unmarried, whose address is 27-586 Kalaoa C.an-tp Road, Papaikou, Hawaii 9678'1-7726 (hereirialter referred to as "GRANTOR"). in favor of GARVIN C. GOODE. Trustee o1the Garvin C. Goode Revocable Livinv .riust dated June 25, 2015, with full powers to sell, lease, convey, mortgage or otherwise deal with real property, and LAURA J. 'GOODE,Trustee'of the Laura J.Goode Revocable Living Trust dated June 25, 2015, with full powers to sell, lease, convey, mortgage or otherwise deal with real property, whose address is Post Office Box 552, Papaikou, Hawaii 96781-0552 (hereinafter referred to as "GRANTEE"); Warranty Deed Goode Hun Lot C • • WITNFSSEI I-1: That for LN AND NO/ 00 DOLLARS (S10.00). and other valuable consideration paid h the Grantee, the receipt of which is hereby zteknov,'edged. the (.'irtnurc dc - I1LIL) lit hargain. seil and convey unto Cirantee, TENANTS IN COMMON, each Trustee to take and,own an undivided 50% interest, in 'cc simple. all of that certain real-propert:7 described in Exhibit "A" attached hereto and-rnade a part hereof, And the reversions, remainders, rents, issues and profits thereof and all of the estate, right. title and interest of the Grantor, both at law and in equity. therein and thereto; TO HAVE AND TO HOLD the same, together with all buildings, improvements, rights, easements. privileges and appurtenances.thereonand-tl-rerettrbelonging or appertaining or held and -- enjoyed therewith, unto the Grantee according to the tenancy herein set forth, forever. AND, in consideration of the premises:The Grantor does hereby covenant with the Grantee that the Grantor is seised of the property' herein described in fee simple; that.said-property is free and clear of and from all liens and encumbrances, except for the lien of real properly taxes not yet by law required to • be paid, and except as may be specifically set forth herein; that the Grantor has gooci•right to sell and convey said property, as aforesaid; and that the Grantor will WARRANT AND DEFEND the same unto the Grantee against the lawful claims and demands of all persons, except as aforesaid. The property is being conveyed in its existing"AS IS" condition. Grantor conveys the property without any representations or warranties relating to its condition. Grantee acknowledges and understands that the real property and personal property is sold "AS IS". without warranties or representations relating to its condition. Grantee affirms that Grantee has had the opportunity to inspect the property and accepts the same in its existing "AS IS" condition. This "AS IS"provision shall survive closing. The conveyance herein set forth and the warranties of the Grantor concerning the same are expressly declared to be in favor of the Grantee, and the Grantee's heirs, personal representatives and assigns. • The term "Grantor" and"Grantee", as and when used herein, or any pronouns used in place thereof, shall mean and include the masculine, feminine or neuter, the singular or plural number, individuals, partnerships,trustees or_corporations and_their and,each oltheir respective successors, heirs, personal representatives,successors in trust and assigns,according to the context thereof. All covenants and obligations undertaken by two or more persons shall be deemed to be joint and several unless a contrary intention is clearly expressed elsewhere herein. IN'WITNESS WHEREOF, the Grantor caused_these_presents to be duly executed the day and year first written, on the Counterpart pages attached hereto. each of which is deemed an original. The parties agree that s-76.0 Counterparts shall together constitute one and the same agreement, binding all o.1 the parties hereto. notwithstanding that all of the parties are not signatory to the original or the same Counterparts. For all purposes, including, without limitation. recordation, filing and delivery of this instrument, duplicate unexecuted and unacknowledged pages of the Counterparts may be discarded and the remaining pages assembled as one document. Warranty Deed 7.) Goode Hun • Los C COUNTERPART PAGE EXECUTED BY GRANTOR GARVIN C. GOODE: IN WITNESS \ATIER NOE, the lrantor has executed these presents on the day and year first above written. GARVIN C. GOODE Trustee,of the Garvin C. Goode Revocable Livini2,Trust dated June 25. 2015 STATE OF HAWAII ) SS. COUNTY OF HAWAII On this day of , 2021, before me personally appeared GARVIN C. GOODE, to me known to be the person(or who provided satisfactory evidence of identity) (ITscrind in and who executed the foregoing Warranty Deed and, being duly sworn, did say that he/she is the person named in the foregoing instrument and acknowledged that he/she executed the same as his/her free act-and deed as Trustee of the Garvin-C. Goode Revocable Living Trust dated June 25, 2015. Notary Public State of Hawaii Printed or Typed Name of Notaiy My commission expires: NOTARY CERTIFICATION Made pursuant to Chapter 45t5, Hawaii Revised Statutes-and Hawaii Administrative Rules §5-11-8 Document Description: Warranty Deed _ Document Date: (If undated, insert "undated") Number of pages: THIRTEEN • Circuit of Notarial act: Third Circuit Printed name of Notary: • Sillnature of Notary Public (Seal or Stamp) • Date of Certi lication Warranty Deed 3 Goode Hurt Lot C • COUNTERPART PAGE EXECUTED BY GRANTOR LAURA J. GOODE: IN WiTNESS WHEREOF, the Grantor has c'ccutcd these presents on the day and year first above written. LAURA 1. GOODE Trustee of the Laura J. Goode Revocable Living.Trust dated June 25. 2015 STATE OF HAWAII ) SS. -- COUNTY OF HAWAII • On this_ day ol . 2021. before me personally appeared LALIP.A 3. GOODE, to me known to be the person(or who provided satisfactory evidence of identity) described in and who executed the foregoing'Warranty Deed and, being duly sworn,did say that he/she is the person named in the foregoing instrument and acknowledged that he/she executed the-sante as his/her free act and deed as Trustee of the Laura J. Goode Revocable Living Trust dated June 25,2015. Notary Public State of Hawaii Printed or Typed Name of Notary My commission expires: NOTARY CERTIFICAT1.ON Made pursuant to Chapter 456, Hawaii Revised Statutes and Hawaii Administrative Rules §5-1 1-8 Document DeseriptiorK Warranty Deed Document Date: (If undated, insert "undated") Number of pages: THIRTEEN Circuit of Notarial act: Third Circuit Printed name of Notary-: -- Signature of Notary Public (Seal or Stamp) Date or Certification Warranty Deed 4 Goode Mtn Lot C ( COUNTERPART PAGE EXECUTED BY GRANTOR WILLIAM A EA N El URT: IN WITNESS EALOF.the Grantor has eNeeuted these presents on the day and ear lirst above wrinen. WILLIAM ALAN HURT STATE OF HAWAII ) SS. COUNTY OF HAWAII On this day of 2021, before me personally appeared WILLIAM ALAN HURT, to me known to be the person (or who provided satisfactory evidence of identity) descri5ed in and who executed the fore2,oirq.7, Warranty Deed and, bein2 duly sworn, did say that he/she is the person named in the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. Notary Public State of Hawaii Printed or Typed Name of Notary My commission expires: 'NOTARY CERTIFICATION Made pursuant to Chapter 456, Hawaii Revised Statutes and Hawaii Administrative Rules , Document Description: Warranty Deed Document Date: (If undated. insert "undated") Number of pages: THIRTEEN • Circuit of Notarial act: Third Circuit Printed name of Notary: • • Signature of Notary Public (Seal or Stamp) Date of Certification Warranty Deed 5 Goode Hurt Lot C • Exhibit"A" -.[TEm :`\ll of that.certain parcel of land (being portion of the lands described in and covered by (1) Ru'.al Patent Grant Number 2396 to Kaikaina; and (I3) Royal Patent (.irtmt Number 2395 to kelcautki't situate. lying and being at Kalaun;. District of South I fife . isfaud and County of Hawaii, State of Hawaii, being LOT C, described as follows: Beginning at a pipe found at the northeast corner of his parcel of land. also being the northwest cornet'of Lot A-2, the coordinates of said point of beginning referred to Government Survey Triangulation Station "ALALA" being 13,285.77 feet south and 3,527.06 feet east,and thence running by azimuths treasured clockwise from true South: • 1. 0 00' 00" 283.49 feet along'. A-2; 78° 51' 00" 226.36 feet alongLhe south side of Kalaon Camp Road; 3. 10° 42' 00" 276.84 feet along other lands of Grant 2396 to Kaikaina; Thence along the r iddle of Kahauiki Stream, the direct azimuth and distance being: 4. 103° 43' fig" 467.09 feet; • 5. 173° 40' 00" 81.06 feet along Lot D; Thence along a line 10' southeast of the top of gulch, the direct azimuth and distance being: 6. 60° 01' 55° 391.61 feet along Lot D; 7. 160° 02' 54" . 101.50 feet along Lot B-1-A-1; 8. 740 34' 30" 207,73 feet along same; 9. 91° 34' 00" 61.53 feet along same; 10. 91° 29' 20" 39.21 feet along Lot-A-2; 11. 188° 14' 47" 342.21 feet along Lot D to the middle of Aukuu Stream; Thence along the middle of Aukuu Stream for the next four(4) courses, the direct azimuth and -distance being: —_-- -- 12: 282° 59' 39' 380.85 feet: 13. '236° 32' 32" 2.71.95 feet: I 258° 20' 14" 780.06 feet to the point of beginning and containing an area of 9,581 acres, more or less. ✓ Warranty Deed • 6 Goode Hen Lot C Said above described parcel of land Having been acquired as follows: I. By (.AR\-IN C. 0000E. Trustee of the (:i ary in C. Goode Re oc,zibh;: Living Trust dkitud .lime 25, 2015.as to an undivided 1/2 interest. and LAURA J. t:OODE. Trustee of the Laura .1. Goode Revocable Li�in� Trustdated June25. 20I5. as to an undivided 1/2 imerest, VA RRANY DEED of GAR YIN C. (GOODE. Trustee of the Garvin C. Goode Revocable Living Trust dated June 25. 2015. arfirEAl RA J.-GOODE, I rustee of the Laura .1. Goode Revocable Trust dated June 25. 2015. said Deed dated September 4. 2015. recorded as Document No. A-57350163; and ?. [3y WILL IAlvi ALAN HURT, unmarried, by QUITCLAIM DEED dated (acknowledged April 18, 2018), recorded as Document No. A-66880033.executed by WILLIAM ALAN HURT, unmarried, and JANET A. HOLADAY. Trustee under that certain unrecorded Janet A. Holaday Trust dated May 29,20I5.. — -ITEM GRANT()Is UI' 1 L 11 ED '4' TE,R RIGHTS of-Irl,-\I=IN`s KEA AGRIBUSINESS CO., INC., a Hawaii -- - corporation,dated November 9, 2001; recorded as Document No. 2001-180037. By mesne conveyances, said water rights were conveyed to GARVIN C. GOODE and LAURA J. GOODE::, Trustees, or their successors in trust, under the Garvin C. Goode and Laura J. Garvin Living Trust dated April 28,2000, as amended, by GRANT OF LIMITED WATER RIGHTS dated July 22, 2002, recorded as Document No.2002-132256. Subject, however,to the following: 1, Mineral and water,rights of any nature. 2. Any and all matters not shown in the Indices described in Schedule A. 3. Location of the boundary of Aukuu.Stream and Kahauiki Stream and the effect,`if any, upon the area of the land described herein, and the free flowage thereof. 4. Kalaoa Camp Road as referenced on the tax map. • 5. GRANT TO: JOSEPH J. K. PUHA, a widower, VICTORIA APOLO, wife of Vincent Apolo, DAVID K. M. PUAA, single. and ANNIE ANDERSON DATED: July 22, 1958 RECORDED: Liber 3540 Page 44 — GRANTING: nonex(-lusive easement for roadway purposes oveiLand across Roadway -- -_- Easement "51 1" (30-feet wide) 6. GRANT TO: YUKIO KAWAI-IARA, husband of Takayo Kawahara, and iMAS\NOBU KAWAI-IAR.A, husband of Matsue Kawahara DATED: July 22, 1955 RECORDED: Liber 3540 Page 68 Warranty Deed 7 Conde Hurt Lot C • G RANII'l NG: nonexclusive eascineill kn Oad Way imIrposes over and across Roadway Easement "511" (30-feet wide) 7. GRANT TO: MASAKO KLNISI1IMA and TONI0t) K LTN1SH I MA. wile and husband DATED: :Ione I. 1960 RECORDED: Liner 3863 Pa,ge 282 GRANTING: nonexclusive easement for roadway purposes over and across Roadway Easement "511" (30-feet wide) - S. GRANT TO: COUNr1- -12--1-1A WAIL a municipal Corporation duly existing under and pursuant to and by virtue of the laws of the State of Hawaii DATED: April 18, 1061 RECORDED: Libel:4076 Page 240 GRANTING : nonexclusive right and easement right-of-way for pipeline or pipelines under and across the following: EASEMENT Ii (LINE A-2) Three (3) feet wide (1.50 feet on either side of the centerline) Being portion °IR. P. 7140. L. C. Aw. 11263:43, R. P. 7139:1, Grant 2395 and Grant 2396. Centerline description Beginning at the centerline of this parcel and on the east boundary of the land and chlorinator site, the coordinates of said point of beginning referred to Government Survey Triangulation Station "ALALA" being 12,949.06 feet south and 216.24 feel:west,thence running by azimuths measured clockwise from true South: 1. 291 21' 64.65 feet along the centerline and across he plantation road; 2. 266° 08' 69.80 feet along same and across the plantation road; 3, 248° 47' 112.10 feet along same; 4. 273° 25' 130.50. feet along same; 5. 287° 4:2' 73.20 feet along same; 6. 297' 10 312.20 feet alono.sante; 7. 292° 48' 154.35 feet along same; 8. 300° 19' 80.90 feet along same to its intersection with Line "13"; 9. 319° 45' 118.10 feet along sante; 10. 331' 01' 95.25 feet along same; Warranty.Deed 8 - •Goode Hurt - Lot C. • . , 7 11. 349' 52' 53.80 le t along same; 12. • 34- :, 24' 132.60 feet alone ::ahle: 13. 221,70 feet along same; 14. 272' 46' 376.00 feet along]same and across road; IS. 272° 34' 856.30 feet along same; l6. 2° 34' 17.35 let along same and across road; 17: 27050' 106.55 feet along same; 18. 254' 36' 259.10 feet along same; • ,• 19. 250° 18 170.10 feet along same; 20. 245° 20' 118.80 feet along same; Thence along a 240.50 foot radius curve to the right for a distance of 144.10 feet, the direct chord azimuth and distance being: 21. 262' 30' 141.97 feet along same; 22. 279° 40' 96.15 feet along same; 23, 259° 52' 365.40 feet along same; 24. 258° 38' 33520 feet along same; 25. 245° 25' 162.00 feet along same to the west boundary of the Hawaii Belt Road (100 feet wide) and containing an area of 13,879 square feet or 0.319 acre. more or less. 9, LT-heterms and provisions contained in the following: -- INSTRUMENT: DEED WITH EXCEPTIONS AND RESERVATIONS DATED: November 8, 2001 RECORDED: Document No] 2001-180036 10.— The terms and provisions contained in the following: INSTRUMENT: DEED DATED: November 13. 2001 RECORDED: Document No. 200]-180040 warranty Deed 9 Goode Hun Lot C II. De terms and provisions contained in the fol • INS.FRUMENT: DUD 1\-T1 I EXCEPTIONS A N[) RESERVATIONS DATED: April 30. 2002 RECORDED: Document No. 2002-095010 12. GRANT --- TO: HAWAII l•r_LECTRIC LIGHT COMPANY. INC., a Hawaii corporation. and VER1ZON IIA WA11. INC.. a Hawaii corporation, now.known as HA WA]IAN TELCOM, INC. DATED: February 1, 2002 RECORDED: Document No. 2002-142799 GRANTING: right and easement for utility purposes-as-shown on map attached thereto 13. CONSTRUCTION MORTGAGE MORTGAGOR: GARVIN C. GOODE and LAURA J. GOODE, husband and wife MORTGAGEE: AMERA MORTGAGE CORP - DATED: December 26,2003 RECORDED: Document No. 2004-000832 AMOUNT: $285,000.00 • Said above MORTGAGE was amended by LOAN MODIFICATION AGREEMENT dated June 29, 2004, recorded as Document No. 2004-163224. Said above MORTGAGE was further amended by AMENDMENT TO MORTGAGE dated May 13,2005, recorded as Document No. 2005-173288, by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., a Delaware corporation. This instrument recites that certain Mortgage dated June 29, 2004 and filed at the Bureau of Conveyances of the State of Hawaii as Document No. 2004-163224(the Mortgage). -Note:- Title Guaranty of Hawaii, LLC is unable to locate of record any assignment of the aforesaid mortgage to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Appearing of record is that certain RELEASE OF_MOR.TGAGE dated February 9, 2009, recorded as Document No. 2009-023251,executed by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. as Nominee for AMERA • MORTGAGE CORPORATION, releasing and forever discharging that certain Mortgage dated June 29,2004, recorded as Document No. 2005-173288. -Note:- Corrective documentation should be_obtained and placed of record. I 5 GRANT TO: HAWAII ELECTRIC LIGHT COMPANY. INC., a Hawaii corporation, and HAWAIIAN TELCOM. [NC., a Hawaii corporation DATED: December 19,2007 RECORDED: Document No. 2008-134564 Warranty Deed 10 .Goode Hun Lot C • GRANTING: right and easement for utility purposes as shown on imp attached thereto 16. GRANT 11'0: WILLIAM "OLIN roRNALIAR1 and BARBARA JEAN FORNACALRI [rusreesol William and Barbara Fornuekiri Living Trust dated November 12. 200 DATED: April 24. 2008 RECORDED: Document No. 2008-189286 GRANTING: easement for waterline purposes as shown on map attached thereto 17. The terms and provisions contained in the following: INSTRUMENT: ADDITIONAL FARM DWELLING AGREEMENT DATED: December 28, 2009 RECORDED: Document No, 2010- 02.374 PARTIES: GARVIN C. GOODEand LAURA J. GOODE, husband and wife, and COUNTY OF HAWAII 18. MORTGAGE, SECURITY AGREEMENT, FINANCING STATEMENT AND FIXTURE FILING (REAL ESTATE ACCESS LINE) LOAN/ACCOUNT NC). 609465 MORTGAGOR: GARVIN C. GOODE. Trustee of the Garvin C. Goode Revocable Living Trust dated June 25, 2015, and LAURA J. GOODE, Trustee of the Laura J. Goode Revocable Living Trust dated June 25, 2015 MORTGAGEE: FINANCE FACTORS, LIMITED, a Hawaii corporation DATED: September 4, 2015 RECORDED: Document No. A-57350164 AMOUNT: $250.000.00 SUBORDINATION AGREEMENT DATED: February 9, 2016 RECORDED: Document-No. A-58900326 Subordinates said above MORTGAGE recorded as Document No. A-57350164 to the lien of that certain MORTGAGE recorded as Document No. A-58900325 . 19. MORTGAGE. SECURITY AG-R.EEMENT, FINANCING STATEMENLAND FIXTURE FILING (ADJUST-A8LE RATE MORTGAGE) . LOAN/AC:CO(1NT NO. 609862 MORTGAGOR: GARVIN C. GOODE, Trustee of the Garvin C. Goode Revocable Living Trust dated June 25, 2015,and LAURA 1 GOODE, Trustee of the Laura J. Goode Revocable Living • Trust dated June 25, 2015 Warranty Deed 11 Goode Hort Lot C MORTGAGEE: FINANCE l'ACTORS. LIMITED. a Hawaii corporation ebruary 9.2016 RECORDED: Document. No. A-58900325 ,AMOUN 5280.000.00 90 GRANT FO: GLENN A. FAUST and LAY C. [At Si.Ihusband and wife DATED: October 5..2016 RECORDED: Document No. A-6 I 290589 GRANTING: nonexclusis,e right and easement on, upon, through. over, under and across Road and Utility Easement as shown on map attached thereto 21. GRANT- TO: GARVIN C. GOODE and LAURA J. GOODE, Trustees of the Garvin C. Goode and Laura J. Goode Living Trust dated April 28, 2000 DATED: November 30.2007 RECORDED: Document No.2008-061391 GRANTING: nonexclusive easement for access purposes over and across the following: EASEMENT "1-AA" For Roadway Purposes Being a portion of Lot A Portion of Royal Patent Grant 2395 to Kekauiki At Kalaoa and Puumoi, South Hilo, Island of Hawaii, Hawaii Beginning at the northwest corner of this parcel °flaw],along the easterly side of Lot A, the coordinates of said point of beginning referred to Government Survey Triangulation Station "ALALA" being 13,686.25 feet south and 2.668.77 feet east, and running by azimuths'measured from true South: 1. 245° 16 30" 82.29 feet along Lot A, being also along the remainder of Royal Patent Grant 2395 to Kekauiki; Thence along.Lot A, being also along the remainder of Royal Patent Grant 2395 to Kekauiki on aeurve-to the right with a radius of 290.00 feet, the direct azimuth-and distance being: 2.. 249° 36' 43" 43.87 feet; 3. 353° 00" 30.49 feet along Lot-B, being also along-Royal Patent Grant --- 2396 to Kaikaina: Thence along the remainder of Lot A. being also alone the remainder or Royal Patent gram 2395 to Kekauiki on a curve to the left with a radius of 260.00 feet. the direct azimuth and distance being: 4, 69° 09' 46" 34.20 feet; Warranty Deed 12 Goode Hurt Lot C • 5. 65' 10' 30 82.29 ted along die remainder of Lot A, being also along. the remainder of Royal Patent Grant 2395 to Kckaulki: 6. ' 155I 6' 3(r ;0.00 6eei Ult.n1L remainder of Lol A, bein;t4 also t[lont4 the remainder of Roya1 (' tent Grant 2305 to Kekauiki to,the point of b.'..i.tiftning and containing an area of 3.641 square feet, more or less. 22. GRAN.1* TO: GLENN A. FAUST and LAY C. FAUST, husband and wife DATED: November 21, 2016 RECORDED-:--Document No. A-61770455 GRANTING: nonexclusive right and easement for road and utility purposes as shown on map attached thereto 23. GRANT TO: RICHARD E. ALDERSON,Trustee under unrecorded Richard E. Aldersdn Inter Vivos Trust Agreement dated December 11, 1987 DATED: September 2. 2010 RECORDED: Document No. 2010-195231 GRANTING: nonexclusive easements for roadway and utility purposes over and across Easements 511, 538 and 537 24. GRANT TO: CHRIS A. FLANIGAN, married,and KEVIN FLANIGAN, married, as Joint Tenants DATED: September 2, 2010 RECORDED: Document No. 2010-195235 GRANTING: nonexclusive easements for roadway and utility purposes over and across Easements 511, 538 and 537 GRANT TO: ROBERT G. BALDADO and SHEILA L. BALDADO, husband and wife, as Tenants by the Entirety. DATED: May 5, 2011 RECORDED: Document No. 2011-076278 GRANTING: nonexclusive easements fOr-roadway and utility—pw-poses over and across Easements 511, 538 and 537 25. Any and all existing.roadways, traits, easements. ri.ghts of way, flumes and irrivat ion ditches. 26. Matters arising out of, including any utility and access rights in favor of.Tax Map Keys (3)2-7-008-035. 039, 040, 074, 105, 106 and 107. End of Exhibit"A" Warranty Deed 13 Goode Hurt Lot C M tr Ea TM!ENT OF INA"I E SUPP LY COUNTY Y OF HAW1f l`I 345 KEKUANAO`A Si REET, SUITE 20 • rllt Q, I-IAWAI'I 96720 * . ''' "t ,i, TELEPHONE 1808) 901-8050 FAX (806) 961-8657 February 10. 20-'1 10: Mr. Zendo Ker a. Director Planning Department FROM: — Keith K. Okamoto, Manager-Chief Engineer SUBJECT: Additional Farm Dwelling Agreement Application (FDA-18-000459) Applicant— Carvin C. Goode and Laura J. Goode Tax Map Key 2-7-008:130, Lot A-1 We have reviewed the subject application and have the following comments and conditions. Please be informed that the subject parcel is currently served by two (2) 5/8-inch meters, which arc each adequate for only one (1) dwelling at an average daily usage of 400 gallons. Inasmuch as this application is proposing an additional dwelling,the installation ola separate 51$-inch meter will be required at a minimum. Water can be made available from the Department's existing 4-inch waterline within Kalaoa Camp Road, fronting the subject parcel. Therefore, the Department has no objections to the proposed application, subject to the applicant understanding and accepting the following conditions: 1. -Installation ofa 1-inch service lateral to service a 578-inch azter-which shall be restricted to a maximum daily flow of 400 gallons. 2. Submit construction plans, prepared by a professional engineer licensed in the State of I laww°ai'i, for review and approval. --3. Remittance olt-he Ibllowing charges, which are subject io change, to our Customer Service Section: FACILITIES CIIARGE (FC): 3rd service to the parcel 56.095.00 Total (Subject to Change) 56,09 .00 Planning Dept. . . . Water, Our fYtost cPrecious 1 source. . . 1(ji Wai, ?Tine. . . 1 4 0 0 4 8 Exhibit_ 4 The Department of Water Supply is an Equal Opportunity provider and employer. • • Mr. /endo Kern. Director Page - Fchruar\ 19. 201)1 • This is due and pay able upon completion of the installation of the required water system improvements and prior to water service being unified, - Should there he any questions, please contact Mr. Troy Sarnura of our Water Resources and Plannin Branch at 96]-S070, extension 25 . Sincerely yours. Keith K. Okamoto, P.E. Manager-Chief Engineer TS:dfg copy — Mr. Garvin C. and Ms. Laura J. Goode - DWS Customer Service (Hilo) s-- • • • 1" z rkw 'F .,,' moi; 1 g t* ; DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAVI 345 KEKUANAO'A STREET, SUITE 20 • HILO, H AWAI'1 96120ks `r 0-#4,14,4:700,0.01TELEPHONE(808) 961-8050 FAX 508j961,8667 December 21)2I TO: ivir. tendo Ken. Director Planning Department FROM: Keith K. Okamoto,,Manatger- lrie= 2n ineer _ SUBJECT: Change of Zone Application (PL-REZ-2021-000003) Applicant—Garvin Goode and €aura Goode -- Request: Agricultural-20 Acres (A-20a) to Family r1,gricultural--2 Acres (FA-2a) Tax Map Key,2-7-008:130 We have reviewed the subject application and have the fallowing comments and conditions. Please be informed that there are two(2)existing meters(Account Nos. 480-44580 and 480-44585) fronting the existing parcel The Department requests that the applicant designate, in writing, which lot within the proposed subdivision will be assigned the existing service, prior to recommending final subdivision approval. Should the existing meter or service lateral not front the parcel that it will serve,the existing meter or service lateral would need to be relocated to comply with the Department's Rules and Regulations. The Department requests that the plat map be revised to show the existing meter locations with the meter numbers. Shouldthere be any questions, please contact Mr. Trot/ Samura Drool Water Resources and Planning Branch at (808)961-8070, extension 255. Sincerely yours, Keith K. Okamoto, P.E. Manager-Chief'Engineer cope - Mr. Garvin and 4s. Laura Goode Planning Dept. . . Water, Our 9,4ost Precious Resource. . . a `mai 7 irie. , Exhibit_ 5 The Department of Water Supply is an Equal Opportunity provider and employer. DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: November 24, 2021 Neagenafidarn TO: Zendo Kern, Planning Director FROM: Department of Public Works, Engineering Division S' SUBJECT: CHANGE OF F ZONE APPLICATION (PL-REZ-2021-000003) Request: A-20a TO FA-2a Applicant: Garvin Goode and Laura Goode TMK: 2-7-008:130 We have reviewed the subject application forwarded by your memo dated November 19, 2021, and offer the following comments for your consideration: 1. All earthwork and grading activity shall conform to Chapter 10, Erosion and Sedimentary Control, of the Hawaii County Code. 2. All development-generated runoff shall be disposed of on site and not directed toward any adjacent properties. A drainage study shall be prepared and the recommended drainage system shall be constructed meeting the approval of the Department of Public Works. 3. The subject-parcel-is in an area designated as Zone X on the Flood-Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500-year floodplain. Questions may be referred to Bryce Harada at 961-8042. Planing Dept. Exhibit 6 County of Hawaii is an Equal Opportunity Provider and Employer Mitchell D.Roth Mayor ,�.V: Ramzi L Mansour * k Director ps, Lee E.Lord 'N''''''' Brenda D.lokepa-Moses Managing Director Deputy Director County of Hawaii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao'a Street,Suite 41--Hilo,Hawaii-96720- - Ph:(808)961-8083 • Fax:(808)961-8086 Email: cohdem@hawaiicounty.gov MEMORANDUM TO: Zendo Kern,Director Planning Department FROM: _ Ramzi L Mansour,Director - Department of Environmental Management DATE: November 29, 2021 SUBJECT: Change of Zone Application(PL-REZ-2021-000003) Request: Agricultural -20 Acres (A-20a)to Family Agricultural -2 Acres (FA-2a) Applicant: Garvin Goode and Laura Goode Tax Map Key: 2-7-008:130 The Solid Waste Division has reviewed the subject application and offers the following comments and/or recommendations (contact the Solid Waste Division for details): ( ) No comments. ( ) Commercial operations, State and.Federal agencies, religious entities and non-profit organization may not use transfer stations for disposal. ( ) Aggregates and any other construction/demolition_waste should-be responsibly reused to its fullest extent. ( ) Ample and equal room should be provided for rubbish and recycling. (X) Green waste may be transported to the green waste sites located at the West Hawaii Organics Facility and East Hawai`i Organics Facility, or other suitable diversion programs. (X) Construction and demolition waste is prohibited at all--County Transfer Stations. ( ) Submit Solid Waste Management Plan in accordance with attached guidelines. ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( ) Other: Planning Dept County of Hawai'i is an Equal Opportunity Provider and Employer Exhibit. 7 .. Ramzi 1. Mansour, Director November 29, 2021 Page 2 The Wastewater Division has reviewed the subject application and offers the following comments and/or recommendations (contact the Wastewater Division for details): ( ) No comments. -( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawai`i County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21- 26.1 of the Hawai`i County Code. Complete Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawai`i County Code. (_ ) Check or line out as applicable: [ ] If required by the Director of the Department of Environmental Management("Director of DEM"), [ 1 applicant shall conduct a sewer study in accordance with the applicable wastewater system design standards prior to approval to connect to the County sewer system—Applicant-shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require,which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details_ - ( ) Proposed activity may be subject to existing or future federal, state,or county regulation under Title 40 CFR 403.5,prohibiting discharge of certain pollutants into publicly owned treatment works. Contact the Hawai`i Department of Health for information regarding pretreatment standards. (X) Applicant shall follow Department of Health regulations. ( ) Other: RM:pls 2 it"%1\\I'11.('1\i' I Y ID C1AVY. GE 5;. R_ (II II l l'it 4(\ Ca9'dC IDiYiA1� . It(.lUI(WI,K111yI).A.1T1'is'%I @F'MI112(1, (;t)\7\11SSIO\(I\,\�'.t11'.12 Y.1'Sll['12('F' .- d Ilk\.t1:F:1I1'..\T ,,,,-`'`‘'_...1',,7----:` `tr'rf t '_ ~r',A 5"1" , „„..„,,..,,,„,,, „ , ; . ° f/ STA'G'E OF HAWAII '} (•';?,-::-;Z ,$ DEP RT\1FNT O1 I.;1NI)AND N.%TURA'.RESOURCES [.AND)DIVISION P(15I (*MA- RI)\62: II(1N(11..1J1IL IIA\\All 96Xt1I N ov 22,2021 MEMORANDUM --- FROM: - T'-e': DLNR Agencies: Div. of Aquatic Resources Div. of Boating & Ocean Recreation --- X Engineering Division (DLNR.ENGR a(7hawaii.ciov) X Div. of Forestry & Wildlife (rubvrosa.t.terrago(a.hawaii.gov) Div. of State Parks X Commission on Water Resource Management (DLNR.CWRM(hawaii.gov) _Office of Conservation & Coastal Lands TO: X Land Division — Hawaii District (gordon.c.heithawaii.gov) FROM: Russell Y. Tsuji, Land Administrator R ussolr';syji SUBJECT: Change of Zone Application (PL-REZ-2021-000003)— Request to Change. from Agricultural --20 Acres (A-20a) to Family Agricultural—2 Acres (FA-2a) LOCATION: Alemai District, South Hilo, Island of Hawaii; TMK: (3)2-7-008:130 APPLICANT: County of Hawaii on behalf of Garvin Goode and Laura Goode Transmitted for your review and comment is information on the a'bove-referenced subject matter. Please submit comments by December 17, 2021. If no response is received by the above date, we will assume your agency has no comments. Should you have any questions about this request, please contact Darlene Nakamura at dariene.k.nakamura a(�hawaii.gov. Thank you. BRIEF COMMENTS: ( ) We have no objections. ( ) We have no comments. ( ) We have no additional comments. — (v ) Comments are included/attached. __ c' o Signed: Print Name: Carty S. Chang, Chief Engineer Division: Engineering Division Date: Dec 6,2021 Attachments - cc: Central Files - Planning Dept. Exhibit DEPARTMENT 01 LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/Russell V. Tsuji Ref: Change of Zone Application (PL-REZ-2021-000003)– Request to Change from Agricultural–20 Acres (A-20a) to Family Agricultural –2 Acres (FA- 2a) Location: Alemai District, South Hilo, Island of Hawaii TMK(s): (3) 2-7-008:130 Applicant: County of Hawaii on behalf of Garvin Goode and Laura Goode COMMENTS The rules and regulations of the National Flood Insurance Program (NFIP), Title 44 of the Code of Federal Regulations (44CFR), are in effect when development falls within a Special Flood'Hazard Area (lfi h-risk areas). Be advised that 44CFR, Chapter I, Subchapter B, Part 60 reflects the minimum standards as set forth by the NFIP. Local community flood ordinances may stipulate higher standards that can be more restrictive • and would take precedence over the minimum NFIP standards. The owner of the project property and/or their representative is responsible to research the Flood Hazard Zone designation for the project. Flood zones subject to NFIP requirements are identified on F.EMA's Flood Insurance Rate Maps (FIRM). The official FIRMS can be accessed through F EMA's Map Service Center(msc.fema.gov)- Our Flood Hazard Assessment Tool (FHAT) (http://gis.hawaiinf p.org/FFIAT) could also be used to research flood hazard information. If there are questions regarding the local flood ordinances, please contact the applicable County NFIP coordinating agency below: o Oahu: City and County of Honolulu, Department of Planning and Permitting (808) 768-8098. o Hawaii Island: County of Hawaii, Department of Public Works (808) 961-8327. o Maui/Molokai/Lanai County of Maui, Department of Planning (808) 270-7139. — o .Kauai: Cr unty of Kauai, Department of Public Works (808) 241-4849. Signed: - C-ARTY S. CHANG, CHIEF ENGINEER Date: Dec 6,2021 °�} + MICHAEL G BUCK ELIZABETH 1 CHAR %Li.) NEQL J AN NAHS AURORA hAGPfIh-,✓SYfIhNf,PHLL 'A+AYNE"K.KATAYAMA PAUL J MEYER 3:7 KALE°P;A\LEL STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT - __-- P 0.BOX 62. *'C'0LULU.HAWAII 66,33 I December 13,2021 REF: RFD.5838.8 TO: Mr. Russell Tsuji,Administrator Land Division / '�+=( FROM: M. Kaleo Manuel, Deputy Director -1(1-14q6-2 Commission on Water Resource Management SUBJECT: Change of Zone Application from Agricultural to Family Agricultural, South Hilo FILE NO.: RFD.5838.8 TMK NO.: (3)2-7-008:130 - Thank you for the opportunity to review the subject document. The Commission on Water Resource Management(CWRM)is the agency responsible for administering the State Water Code (Code). Under the Code, all waters of the State are held in trust for the benefit of the citizens of the State,therefore all water use is subject to legally protected water rights. CWRM strongly promotes the efficient use of Hawaii's water resources through conservation measures and appropriate resource management. For more information,please refer to the State Water Code,Chapter 174C,Hawaii Revised Statutes,and Hawaii Administrative Rules,Chapters 13-167 to 13-171. These documents are available via the Internet at http://dlnr.hawaii.eovicwrm, Our comments related to water resources are checked off below. El1. We recommend coordination with the county to incorporate this project into the county's Water Use and Development Plan. Please contact the respective Planning Department and/or Department of Water Supply for further information. El2. We recommend coordination with the Engineering Division of the State Department of Land and Natural Resources to incorporate this project into the State Water Projects Plan. 11 3. We recommend coordination with the Hawaii Department of Agriculture(HDOA)to incorporate the reclassification of agricultural zoned land and the redistribution of agricultural resources into the State's -- Agricultural Water Use and Development Plan(AWUDP). Please contact the HDOA for more information. El4. We recommend that water efficient fixtures be installed and water efficient practices implemented throughout the development to reduce the increased demand on the area's freshwater resources. Reducing the water usage of a home or building may earn credit towards Leadership in Energy and Environmental Design.(LEED)certification. More information on LEED certification is available at http:/fwww.usgbc.org/feed. A listing of fixtures certified by the EAP as having high water efficiency can be —found at http://www.epa.gov/watersense. 1 5. We recommend the use of best management practices (BMP)for stormwater management to minimize the impact of the project to the existing area's hydrology while maintaining on-site infiltration and preventing polluted runoff from storm events. Stormwater management Bilr'iPs may earn credit toward LEED certification. More information on stormwater BfvMPs can be found at http:llplanning.hawaii.govlczmlinitiatives/low-impact-development! X 1 6. We recommend the use of alternative water sources,wherever practicable. 7. We recommend participating in the Hawaii Green Business Program,that assists and recognizes businesses that strive to operate in an environmentally and socially responsible manner.The program description can be found online at http://energy.hawaii.gov/green-business-program. 8. We recommend adopting landscape irrigation conservation best management practices endorsed by the Landscape Industry Council of Hawaii.These practices can be found online at Planning dept. http:/Iwww.hawaiisbape.cdmi+wp-contentlupioadsi2013/04/LICH_Irrigation_Conservation_BMPs.pdf. 9 Mr. Russell Tsuji Page 2 • December 13,2021 9. There may be the potential for ground or surface water degradation/contamination and recommend that approvals for this project he conditioned upon a review by the State Department of Health and the developer's acceptance of any resulting requirements related to water quality. 10 The proposed water supply source for the project is located in a designated water management area, and a Water Use Permit is required prior to use of water. The Water Use Permit may be conditioned on the requirement to use dual line water supply systems for new industrial and commercial developments. 11 The Hawaii Water Plan is directed toward the achievement of the utilization of reclaimed water for uses other than drinking and for potable water needs in one hundred per cent of State and County facilities by December31.2045 (§174C-31(g)(6), Hawaii Revised Statutes). We strongly recommend that this project consider using reclaimed water for its non-potable water needs, such as irrigation. Reclaimed water may include, but is not limited to, recycled wastewater, gray water,and captured rainwaterfstormwater. Please contact the Hawaii Department of Health,Wastewater Branch, for more information on their reuse guidelines and the availability of reclaimed water in the project area. II 12 A Well Construction Permit(s)is (are)are required before the commencement of any well construction . work. • 13 A Pump Installation Permit(s)is (are)required before ground water is developed as a source of supply for the project. 1 I 14 There is(are)well(s)located on or adjacent to this project. If wells are not planned to be used and will be affected by any new construction, they must be properly abandoned and sealed. A permit for well abandonment must be obtained. 15 Ground-water withdrawals from this project may affect streamflows,which may require an instream flow standard amendment. 16 A Stream Channel Alteration Permit(s)is(are)required before any alteration can be made to the bed and/or banks of a steam channel. 17 A Stream Diversion Works Permit(s)is(are)required before any stream diversion works is constructed or altered. 18 A Petition to Amend the Interim Instream Flow Standard is required for any new or expanded diversion(s)I 1 . •of surface water. I19 The planned source of water for this project has not been identified in this report. Therefore,we cannot determine what permits or petitions are required from our office,or whether there are potential impacts to water resources. fI OTHER: Planning Branch- The Commission supports the use of alternative sources,such as reclaimed water,wherever practicable to conserve our limited natural water supplies. We recommend best practices for efficient irrigation (drip,micro-sprinklers,etc.when appropriate)and on-farm water conservation. If you have any questions,please contact Neal Fujii of the Commission staff at 587-0216. • HAWAII FIRE DEPARTMENT . COUNTY OF HAWAII HILO,HAWAII 96720 DATE November 19. 2021 Memorandum TO : Planning Department, County of Hawaii FROM : Fire Inspector Edward Kawasaki,Fire Prevention Bureau, County or Hawaii SUBJECT : Garvin and Laura Goode Change of Zone request TMK:2-7-008:130 Regarding above proposal for Change of Zone,the Fire Department has no issues as long as the required infrastructure is installed. This would include tire department access roads and tire hydrant system meeting county requirements. Aloha, Edward Kawasaki Fire Inspector II Fire Prevention Bureau II Nanning Dept Exhibit 10 .'.r ,i '' 3 I0 ,'rdv 1i; VIVRYWKWAVIPMAA J '' d'' lrr ^'^ Mori, Ashley From: Berndt <berndt.stugger@gmail.com> Sent: Wednesday, December 15, 2021 7:23 PM To: Planning Internet Mail Cc: Kimball, Heather Subject: Rezoning from AG 20a to FA 2a for TMK(3)-2-7-008.130 Dear Planning department and Windward Planning Commission. I request that you do NOT approve the Application of the TMK(3)-2-7-008:130 of changing the zoning from Ag-20a to FA-2a. By allowing this TMK to be subdivided into 2 ag lots, it will set a precedence for other property owners to do the same to monetize their land by being able to more easily subdivide and sell off several parcels/houses and maximize their property profits. Once subdivided with houses-on-each-parcel, it-will never go back to fields of food. – — In addition, if this rezoning application was approved, it would be in direct contradiction to what the Hamakua CDP outlines.The community was clear what the futureofthe Hamakua coast should be and it is clearly stated in the CDP. - The Hamakua CDP specially called out in its highest community objectives: 1. Project, restore and enhance watershed ecosystems,sweeping views and open spaces from Mauna to makai 2. Protect and restore viable agricultural lands and resources. Protect and enhance views capes and open spaces 3. Encourage community-based collaborative management plans to assure that human activities are in harmony with the quality of the unique natural and cultural landscape 4. Protect and nurture social and cultural diversity and heritage assets 5. Direct future settlement patterns that are sustainable and connected. Honor Hamakua's historic and cultural assets by concentrating new developments in existing, walkable, mixed-use town centers while LIMITING RURAL SPRAWL. ETC... Allowing lots to be subdivided into smaller and smaller lots is clearly against the will of the community. By talking to friends and neighbors in the community,there seems to be a consensus that Ag should remain Ag and not be subdivided into smaller parcels. Please do not allow parcels to be chopped up and subdivided. — Aloha and mahalo for consideration BerndtStugger _ Farmer, co-owner Hamakua Chocolate Farm Papaikou Planning Dept. 1 EXhibil_ 11 Mori,Ashley From: Dan Corson <dan@corsonart.com> Sent: Wednesday, December 15, 2021 7:23 PM To: Planning Internet Mail Cc: Kimball, Heather Subject: Rezoning from AG20 to FA 2a public feedback Dear Planning Department and Windward Planning Commission. We appreciate the opportunity to provide feedback on this rezoning application. • I strongly urge the department and commission NOT to Approve the Application of the TMK(3)-2-7-008:130 of changing the zoning from A-20a to FA-2a. While we have absolutely no animus towards the Goodes family,we feel this re-zoning is not about them, but rather about the changing of zoning-in-Ag-20-into smaller and smaller parcels,which will be sold off-eventually-to non-family members and then would likely be divided up even smaller parcels.We were very active in the development of the Hamakua Community Development Plan (CDP)and attended a number of the talk-story sections . This division and rezoning, contradicts the vary directives and objectives provided by the community. The Hamakua CDP specially called out in its highest community objectives in order of priority: 1. Project, restore and enhance watershed ecosystems, sweeping views and open spaces from mauka forests to makai shorelines 2. Protect and restore viable agricultural lands and resources. Protect and enhance views capes and open spaces 3. Encourage community-based collaborative management plans to assure that human activities are in harmony with the quality of the unique natural and cultural landscape 4. Protect and nurture social and cultural diversity and heritage assets 5. Direct future settlement patterns that are sustainable and connected. Honor Hamakua's historic and cultural assets by concentrating new developments in existing,walkable, mixed-use town centers while LIMITING RURAL SPRAWL. Etc... We are equally and most concerned that this re-zoning will be the "camel's nose under the tent"and will be used as precedent for future rezoning from AG 20 into smaller and smaller lots. As a farmer myself, I have seen many AG spaces moved from Ag to non-ag and once you build a house or a structure, it is NEVER going to go back into AG. (Even if this is considered"Family Ag"this really just translates to smaller lots with the "wish"that these additional buildings will have associated small gardens.) This is why the CDP clearly articulates the desire for protecting and restoring agricultural lands and vistas rather than chopping them into smaller and smaller lots creating rural sprawl. This community has clearly spoken its vision for the future and it has been adopted by the County Council as Ordinance in August of 2018. This opinion and concern for precedent setting rezoning is shared by the majority of our neighbors. It has been a point of conversation since Metter was poste-trio us a couple of weeks ago. We strongly urge you to do not allow parcels to be chopped up and subdivided. Aloha aina and mahalo for your serious consideration Dan Corson,farmer, co-owner Hamakua Chocolate Farm, Papaikou HI 96781 Hamakua Chocolate Farm PO BOX 101 Planning Dept. 1 EX i i ' 12 Papaikou, HI, 96781 (808)443-9165 2 Date: January 17, 2022 To: SidneN 1-10& , Planning Consultant County Planning Denariment rom Resident on Kalaoa Camp Road Re: Rezoning Application for -rmK 3)-2-7-008:130 Aloha, This letter is in support of the rezoning application (A-20a to FA-2a) for Garvin and Laura Goode. After thoughtful consideration, I respectfully request your approval for this application. During the period where we have both owned property on Kalaoa Camp Road they have been excellent neighbors who have always been thoughtful and respectful while conducting their agricultural endeavors. Their crops & farm animals have been well attended causing no interference in community activities or lifestyle. Their decision to subdivide their property in order to share it among their family members has my complete support as it will enable them to move forward on development with animals & crops that suit their individual goals. Should you have any further questions for-me-you may-contact me at (808) 938-0691 or email me at ViOletotivgr597@2,mail.com. Sincerely, Violet Oliver Planning Dept. - Exhibit 13 From: To: , r_ �.i. Cc: ac\42i<? Subject: Garvin Goode"s Application Date: Sunday,January 16,2022 9:39:39 AM Good morning Tracie, I am forwarding this email from a neighbor who is supportive of Mr.Goode's request for the record and your information. Thank you very much and as you will open this up on Tuesday, I trust that you enjoyed the MLK Holiday Weekend! Sid Forwarded message — From:Steve ZoII<zollohanaPicloud.com>- — - -— -- Date:Sat,Jan 15, 2022 at 5:09 PM Subject: To:<goodegarvin@gmail.com> January 15, 2022 I,Steve Zoll, lot owner of parcel 2-7-008:120, have no objections to Mr Goodes subdivision of his property. Sincerely,, Steve Zoll Sent from my iPhone Planning Dept. Exhibit 14 Mori, Ashley. From: Camero, Tracie-Lee Sent: Thursday,January 20, 2022 7:22 AM To: Mori, Ashley Cc: Araujo, Jaclyn Subject: Fw: Email Testimony of Support- Garvin Goode's Rezoning of TMK(3) 2-7008:130 from A-20a to FA-2a Hey Ashley, When time permits can you please intake this email.Thank you and have a great day! -Tracie From:Sidney Fuke<sidfuke@hawai-iantel net>- - - Sent:Thursday,January 20, 2022 6:18:23 AM To:Camero,Tracie-Lee Cc: 'Garvin Goode' Subject: Email Testimony of Support-Garvin Goode's Rezoning of TMK(3) 2-7008:130 from A-20a to FA-2a Good morning Tracie, Here is another email of support Mr. Goode sent me. We would appreciate your making this part of the record. Many thanks! Sid Forwarded message From:Alan Hurt<alanhurt47(@gmail.com> To:<g_oodegarvin@gmail.com> Date:Wed,Jan 19, 2022 at 12:44 PM Subject: Rezoning of TMK(3) 2-7008:130 from A-20a to FA-2a Dear Planning Department and Plannng Commission, I am in favor of Garvin and Laura rezoning from A-20a to FA-2a. Sincerely, William Hurt TMK(3) 2-7008:131 Planning Dept. Exhibit. 1 1 SidneyFuke, Planning Consultant AZACO,Mfor4tV 100 Pauahi Street,Suite 212•Hilo, Hawaii 96720 •Planning•Variance•Zoning Telephone:(808)969-1522• Cell:(808)989-0640 •Subdivision•Land USE)Permits E-mail:sidfuke@hawailantel.net •Environmental Reports December 6, 2021 Mr. Zendo Kern,Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Kern: S,!:!.bjeet: Rezoning Applictiol. EZ 2021.400003) Applicalots: Garvin and Laura Goode .1emai and alana South Hilo, eli;aw.ii, K: 2-7-008: 130 This is in response-to agency comments to date regarding the subject-matter. - DEPARTMENT OF PUBLIC WORKS (ENGINEERING) The Department reconfirmed the Zone "X" designation of the property,meaning the property is outside of the 500-year floodplain. Relatedly, should there be any on-site disturbance activity, the applicants or their authorized construction person(s) will abide by the requirements of Chapter 10,Hawai'i County Code, relating to Erosion and Soil Sedimentary Control. This will assure that the any site generated water is not diverted towards adjacent properties. In conjunction with the subdivision process, in the event a drainage study is needed, all of the requirements Of that approved study will be complied with. FIRE DEPARMENT Access to the property is currently paved to a width of 10 feet and also serves as access to the Kalaoa Camp. Thus, Fire vehicles are able to access not only the subject property but to areas mauka of it. The site is currently serviced by three (3) meters, one for each of the proposed lots, and as such no additional meters should be needed. That notwithstanding, any additional fire related requirements will be addressed in conjunction witifthe subdivision process: POLICE DEPARTMENT The Department did not anticipate "any signtficant impact to traffic and/or public safety concerns. " Should there be further questions on this matter, please feel free to contact me. In the meantime, I will continue to monitor the EPIC system for additional agency comments. Planning Dept. • Exhibit 16 Mr. Zendo Kern, Director December 6, 2021 Page 2 DEPARTMENT OF ENVIRONMENTAL MANAGEMENT Relative to Solid Waste, the Applicants intend to use the green waste on their property. It also understands that demolition and construction waste, however, will be disposed off in an authorized landfill and not in any of the County Transfer Stations. Further,the requirements of the State Department of Health relative to wastewater _disposaLwill be adhered to. There are two (2)existing_dwellings.which are currently being serviced by their respective septic system. The third dwelling will have its own septic system, all in compliance with the Department of Health's requirements. STATE DEPARTMENT OF HEALTH .That agency noted that it had no environmental or health concerns with the request. Should there be further questions on this matter, please feel free to contact me. In the meantime, I will continue to monitor the EPIC system for additional agency comments. Thank you'very much! incerely • SIDNEY M. 'MU Planning Consultant Copy Mr. Garvin Goode w/enclosures via email (goodegarvinripgmail.com) - , k wow; 100 Suit,...1 2 12 • Fido. „, • /BO Thlop1-•,•:,ne !,806)9o9-1522• (80"'i)9S9 Cg131;-) •F3•,,••o!m• • ;,•-do icst(h.) Ci. 11 :!-N UL Si, filQ, I Ii 9672.0 Dear Mr. Kern: StAbjvd: Rezoning Application (REZ 2021-000003) Applicants: Garvin and Laura Goode 28„leinai and Nalaoa. South Uilo, Havvaii,TIVIK: 2:7-008:J30 - This is in response to comments from the Department of Water Supply (DWS) regarding the subject matter. The applicants will notify the .DWS the meter assignment during the subdivision review' process. As the meters will not front each of the proposed lots. an "out of bounds ' agreement with the. DWS will be executed. Should there be further questions on this matter, please feel free to contact me. in the meantime, I will continue to monitor the EPIC system for additional agency comments. Thank you very much! Sincerely. Aj x '1/44 , SIDNEY M. FUKE Planning Consultant . Copv — Mr. Garvin Goode wi enclosures in email (aoodeaarvin*.unail.coln) • Planning Dept. Exhibit 17 40=',5,7coniAta!lL _ ,..do6-mmy 100 Pauahi Street,Suite 212•Hilo.Hav,,ai 96720 Planning Varianoo-Zoning 4y, Telephone:(808)969-1522 Cell:(808)989-0640 Subdivisinn Lanc!Use Permits E-mail:sidfuke@hawaiiaatel,a Environmental Reports January 10, 2022 Mr. Zendo Kern, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Kern: Subject: Rezonina Application (REZ 20214 00003) — - Applicants: Garvin and Laura Go)(Le Alemai and Kalaoa. South Hilo.11,waii,TMK: 2-7-008: 130 This is in response to comments to additional agenc and public comments found on EPIC relating to the subject application. Relative to the County Department of Public Work5 —Engineering comments, the requirements of the Chapter 10 relating to Erosion and Sed:mentary Control will be adhered to in the submittal of plans for any land disturbance permit, . The plans will reflect all development-generated runoff to be contained on site and rot directed to any adjacent properties. This should not be too complicated a task inasmuch as the site is within Zone X, an area outside of the 500-year floodplain. The State Department of Land anciNatural Resourc s—Engineering Division outlined drainage requirements, which essentially parallels the DPW-Engineering's comments. The Commission on Water Resource Managen ent recommended use of alternative water source and incorporate landscape irrigation conservation measures. Due to the area's abundant rainfall, the applicant already has not h id a need to utilize excessively rely on domestic or potable water for its farm. To date,there were two (2)public comments, both 'min the Hamakua Chocolate Farm. The concern appears to be the rezoning and subseqi ent creation of 2+acre lots would set a_precedent for other_properties rezoned into sma ler lots and thus would not be consistent with the Hamakua Community Development Pit n. As noted in the planning report which accompaniec the application, the 9+ acre • property is already entitled to three (3) dwellings. The rez(ming and subdivision will thus not result in the creation of additional residential structures on the property. The proposed 3-lot subdivision will enable each of the family member to now have clear identification of their respective areas with its own tax map key number, as opposed to owning their area on an"undivided interest" basis. The existing farm will conti.me by the Applicants and their children. Planning Dept. Exhibit 18 Mr. Zendo Kern January 10, 2022 Page 2 • The "broad-brush" General Plan LUI'AG Map char;.cterizcs the tnakai portion of the property as Low Density Urban and the mauka area Import: nt Agricultural Land. The Hamakua CDP used the same map to arrive at its similar de ;ignations. Notwithstanding an earlier Departmental interpretation that the site falls within he Low Density Urban area of the General Plan, we would like to restate (in bold italics be low) the discussion of the Applicant's planning-reporLrelative to the 1-Iamakua CDP: _ On the policy relating to 'Aina,'the CDP identified,:free (3) specific objectives. ©- Objective I: Protect, restore and enhance water shed ecosystems, sweeping views, and open spaces from mauka forests to IT akai shorelines..." "The site is not part of any watershed area, no,'does it have any anaukahnakai access.As such, the project does not affect this objective." • o Objective 2: Protect and restore viable agr.icuitl ral lands and resources. Protect and enhance viewscapes and open spaces that ee.mplity Hamakua's rural character. "The applicants already have an on-going faro on the property. This will continue. Given the age of the applicants, wit! the rezoning and subdivision of the property for family members, it will ensure continued agricultural activities on the site. The 2+ acre farm lots are corisisteiat with the rural character of this area." o Objective 3: Encourage community-based will: borative management plans...." "This objective is not applicable to the request, as this is a policy directed at governmental bodies." Qn the policyrelatina to Community,four(4) speci tic objectives were identified: Objective 4: Protect and nurture I-lamakua's sOG ial and cultural diversity and heritage assets, including sacred places, historic sites and buildings, and distinctive plantation towns. 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S1aSST? }8.1111fT10 pui' apoisIi} Si1l 1L'UI1Jl .OUOF-1 .pal3auLI00 pUt? O1C}L'uu3 S1lS 2I13 1 ''ill SLLTa1413d 1Llouta(11as atmnj 13a.11(J :C 2:1110?IL1C) e • 3.5134 C:ZOT .01 n•1T?11Ut u.Iax opUOz .1}r\ Mr. Zendo Kern January 10. 2022 Page 4 0 Objective_11: Enhance and promote local and s 'stainable agriculture, farming, ranching, renewable energy, and related cconon ie support systems. With its emphasis on familv-agriculture, the pt-iject willMilli this objective. 0 Objective 12: Preserve traditional subsistence-ptaetices and encourages a reciprocity (e.g., bartering) economy as a sustah able complement to Ilarnakna's resource-based economy. While the applicants'farming operations is financially conventional, they do periodically engage in "bartering"or "sharing"with other agricultural producers or neighbors. 0 Objective 13,: Promote appropriate rural tourism that welcomes guests for an alternative visitor experience.... " 10th its B&B component, the project collectively will implement Objectives 11, . 12, and 13. In light the above, it is maintained that the Applicar tsrequest is consistent with and implements the:objectives of'theHCDP. On the matter:of"precedent", please note that each -equest has to stand on its own. This means the request would have to address matters such as the General Plan and Hamakoa CDP. You will note that for the most part propel ties martka of the subject property does not have the Low Density Designation on the General Plan LUPAG map. • Further,the subject property already has access ytliTec-(3) county water meters, whereas many properties in this area do not. And one of the basic ii,frastructure test for rezoning is access to County equivalent water. Given those two (2) ein.umstances, it would be difficult to envision a floodgate of smaller lot rezoning in this genet area. Should there be further questions on this matter,pit ase feel free to contact me. In the meantime, I will continue to monitor the EPIC system )r additional agency comments. Thank you very much! Stncerely, SIDNEY M. FUKE Planning Consultant Copy—Mr. Garvin Goode w/enclosures via email (goodec.:.arvina,gmail.com) • • • RGoodeREZ.1.19.2022 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION REPORT GARVIN &LAURA GOODE CHANGE OF ZONE APPLICATION (PL-REZ-2021-000003) .Upon careful review of the request against the guidelines for granting a change of zone, the Planning Director is recommending that a favorable recommendation for a Change of Zone from Agricultural 20-acre (A-20a) to Family Agricultural 2-acre(FA-2a) for approximate1y9.581 acres be forwarded to the County Council. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position. This favorable recommendation is based_on the following findings: The applicants are requesting a change of zone from Agricultural 20-acres (A- 20a)to Family Agricultural 2-acres (FA-2a) for approximately 9.581 acres of land, in order to create a three-lot subdivision. Currently there are two (2) dwellings (single family dwelling and an additional farm dwelling) located on the subject property and an entitlement for a second additional farm dwelling that has not yet been built. The property is currently being used to cultivate a variety of fruit trees, a start up nursery and a small equestrian use. According to the Zoning Code, the Family Agricultural(FA) zoning district provides for a blend of small-scale agricultural operations associated with residential activities and which may be characterized by farm estates, small acreage farms, or subsistence lots. If the requested rezoning is approved, the applicants propose to subdivide the - — -- subject parcel into three (3) lots, consisting of 3.7+/- acres, 2.8 +/- acres and 2+/- acres, exclusive of a 1+ acre road/utility easement that bisects the property; the objective of the proposed request is for estate planning purposes. Two (2) of the three (3)proposed lots would be conveyed to family members, and would each contain a farm dwelling, while the lot with the single-family dwelling would be retained with the applicants who intend to continue to operate an approved Bed and Breakfast operation and existing agricultural activities. The applicants initially considered an FA-3 a zoning, however, given the current -1- physical constraints of the property(shape of the property and placement of existing dwellings thereon and the 1+ acre roadway bisecting the property), the applicants could not devise a subdivision site design to meet their stated three (3) lot subdivision objective,thus the applicants are requesting the FA-2a zoning. Please note,while the proposed FA-2a zoning and existing lot size could theoretically allow subdivision of the property into four(4) lots, the same site constraints make this practically impossible. However, in order to ensure that the property cannot be subdivided into four(4) lots, the Director is recommending a condition prohibiting the land area encompassing the existing access and utility easement from being included in the calculation of land area for purposes of subdividing the subject parcel. 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 such a comprehensive policy analysis approach that evaluations and decisions can be made to better time and stage developments to achieve growth determined by the General Plan and related planning documents. The implications of these evaluations and decisions must be also considered as they may have an impact on similar areas in the County. The proposed Change of Zone from an Agricultural (A-20a) to a Family Agricultural (FA-2a) zoning district will conform to, among others, the following goals, policies and standards of the General Plan Element and the Hamakua Community Development Plan (CDP). The General Plan is 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 goals,policies and standards are set forth to physically plan the lands in the County in the best interest of the islands residents. Land use is one of the principal focal points of public concern and policy. The Land Use Element provides the primary basis for direct control and guidance of publicly and privately owned resources and the Economic Element provides 2 an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. The proposed Change of Zone will conform to, among others, the goals,policies and standards of the Land Use and Economic General Plan Elements: Land Use • 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. • 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. Economic • Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. • Economic development and improvement shall be in balance with the physical, social and cultural environments of the island of Hawai • Provide and economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County and reflects 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. In most cases, the LUPAG maps show the general location of a particular designation, and the boundaries are not meant to be precisely scaled(e.g., not intended to be interpreted with along parcel lines or with metes and bounds precision). While the property is designated both Important Agricultural Land -3- (ial) and Low Density Urban(ldu)by the General Plan LUPAG map, the Planning Director has determined that the subjectp arcel is situated entirely within the Low Density Urban LUPAG designation, given the existing surroundings and the broad-brush nature of the LUPAG map. The ldu designation includes residential, with ancillary community and public uses, and neighborhood and convenience-type commercial uses; overall residential density may be up to six units per acre. While the proposed FA-2a zoning is an agricultural zoning designation, it is also consistent with the ldu LUPAG designation, as indicated in the definition of FA zoning found in the Zoning Code. Surrounding-land-uses are generally rural and/or agricultural in nature;-with a mix of dwellings and active farms. Properties directly adjacent to the subject property are zoned A-20a, as are most parcels to the north and west.Nearby parcels to the south and east of the subject property are zoned A-10a, A-1 a and RS-10,however, most of these lots are non-conforming in size because they were created prior to the establishment of the Zoning Code, thus there are other lots in the vicinity that are similar in size to the proposed lots. The U.S. Department of Agriculture (U.S.D.A.) soil survey identifies soils on the property as Hilo hydrous silty clay loam, with 0 to 10 percent slopes. The Agricultural Lands of Importance to the State of Hawai`i (ALISH)map indicates mostof the property is identified as "Prime Agricultural Land" and the Land Study Bureau's Detailed Land Classification System largely identifies soils of the property as "C"or"Fair" soil for agricultural productivity. A concern in allowing a rezoning of agricultural land that creates smaller lot sizes is that this will reduce the potential use of the land for productive agriculture by fragmenting the land into areas too small to be farmed on a commercial scale. While a few crops can be intensively cultivated on very small acreage,usually these crops have a very limited market. Reducing the size of the lots can reduce the range of potential agricultural uses and the range of market opportunities for those crops. However, in this particular situation, the subject parcel is entitled with three (3) dwellings, from a practical standpoint, the same land area will be utilized for dwellings and the proposed rezoning and subdivision will not result in the creation of additional residential structures. -4- Furthermore, while three (3) lots will be created and two (2) of the lots will be conveyed to family members for estate planning purposes, the applicants and their children intend to continue and expand agricultural activities on the resulting lots. These activities include an established banana farm, over 80 avocado trees, a palm nursery, and existing equestrian activities. The applicants also propose to develop an exotic tree orchard on one of the proposed lots. In an effort to ensure the retention of as much land area as possible for existing and potential agricultural uses, the Planning Director is recommending a condition of approval prohibiting a second dwelling and/or a Condominium Property Regime (CPR) on each lot resulting from the proposed subdivision. This condition will require that restrictive covenants be included in the deeds of all the proposed lots for the subdivision prohibiting second dwelling units to preserve the residential/agricultural ambience of the area. The proposed rezoning area is situated within the Hamakua Community Development Plan(HCDP)planning area and further designates it in an Agricultural area outside of a designated Urban Growth Boundary area and outside any designated Rural areas. According to the HCDP, Agricultural areas outside the Urban Growth Boundary and outside designated Rural area should be preserved for agricultural uses, open space, scenic viewsheds, and natural beauty. Development and use of properties in the Agricultural area shall be limited to agriculture,related economic infrastructure and cottage industries, renewable energy, open area recreational uses, and community facilities,unless otherwise permitted by law. The proposed FA-2a zoning will allow for the continued use of the properties for agricultural purposes, thus change of zone meets the intent of the HCDP. All essential utilities and services are available to the property. Access to the property is from Kalaoa Camp Road, which is private roadway easement that bisects the property, with an existing 12-13 foot-wide pavement and three (3)-foot-wide gravel shoulders within a 30-foot-wide easement area. Kalaoa Camp Road is accessed from the Hawai`i Belt Road(Highway 19), a State owned and maintained road with a 22-foot wide pavement and paved shoulders within a 100-foot right of way. The applicants have legal -5- rights to traverse the roadway easement and there are two existing driveways from Kalaoa Camp Road to each of the existing dwellings. A new driveway will be installed from Kalaoa Camp Road and will provide access to the third proposed dwelling. County water is available from an existing 4-inch waterline within Kalaoa Camp Road and the property is currently served via two (2), 5/8-inch water meters. According to the Department of Water Supply, there is one (1) additional unit of water available to the property the applicants will be required to install a new, 5/8-inch meter and related water system improvements and to serve the additional proposed lot. As mentioned above, a condition of approval will require the applicants to remove the roadway and utility easement from the total subdividable lot size to ensure that a fourth(4) lot cannot be created during the subdivision process,thus the proposed zoning will comply with the Zoning Code's Concurrency requirements related to water. The subject property is not currently serviced by the County sewer system. According to the applicants,wastewater is currently disposed of into existing,permitted cesspools for the existing single-family dwelling and existing additional farm dwelling. The proposed second additional farm dwelling will be serviced by a septic system meeting with the requirements of the.Department of Health regulations. Solid waste'will be disposed of at the nearby transfer station or Hilo landfill. Electricity and telephone are available to the property and police and fire services are available in Hilo. A condition of approval will be included to require the applicants to meet all applicable County, State and Federal laws, rules,regulations, and requirements. There are no severe geological or topographical problems for the property that cannot be properly rectified, or which would render the land unusable. According to the Flood Insurance Rate Map (FIRM)prepared by the Federal Emergency Management Agency(FEMA) and the Department of Public Works-Engineering Division(DPW), the property is located in Zone "X", an area outside of the 500-year flood area. There are no significant topographical constraints, and the property is not located in a flood zone. Conditions of approval will ensure that all development generated runoff will be disposed of onsite and that the applicant will comply with Chapter 10 related to Erosion and Sedimentation Control. -6- The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is not situated within the Special Management Area. It is located over two (2)miles from the nearest coastline and will not be impacted by coastal hazard and beach erosion. There are no identified recreational resources, historic resources,public access to the shoreline or mountain areas, scenic and open space preserves, coastal ecosystems, marine resources, or other natural and environmental resources in the area. Thus,the proposed request and use of the property will not adversely impact those resources. It is not anticipated that endangered or threatened candidate species of flora or fauna are located within the subject property because the property was previously bulldozed and cleared. Presently, there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site, nor existence of known valued cultural, historical or native resources in the area. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the Hawai`i State Supreme Court's "PASH" and"Ka Pa'akai 0 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. Investigation of valued resources: No formal archaeological reconnaissance survey, oral history of kama`aina accounts of the area, historical survey of documentary records, or botanical study was included in the application. The valued cultural, historical, and natural resources found in the rezoning area. As the property has historically been used for intensive agricultural activities (sugar cane) and has since been developed with a dwelling and an additional farm dwelling, it is unlikely that there are any valued cultural, historical, and natural resources to be found in the rezoning area. Possible adverse effect or impairment of valued resources: There is no evidence of any possible adverse effects or impairments will occur to any valued resources. -7- Feasible actions to protect native Hawaiian rights: As there is no evidence of any valued cultural, historical, and/or natural resources found on the site, there is no action to be taken. A condition of approval will be added for the protection of inadvertent finds should any remains of historic sites, such as rock walls, terraces,platforms, marine shell concentrations or human burials be encountered. The applicants shall be required to cease work in the immediate area and contact the Department of Land and Natural Resources—State Historic Preservation Division(DLNR-SHPD). Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. Lastly, this recommendation is made with the understanding that the applicants remain responsible for complying with all other applicable governmental requirements in connection with the proposed use,prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permit, compliance with the Fire Code, among many others. Compliance with all applicable governmental requirements is a condition of this approval recommendaiton; failure to comply with such requirements will be considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the preceding findings, approval of the Change of Zone request from an Agricultural 20-acre (A-20a) to Family Agricultural 2-acre (FA-2a) zoned district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. The accompanying draft bill to amend Section 25-8-34(Papaikou-Onomea Zone Map) is provided for your favorable consideration. Please note the proposed conditions of approval are attached to the draft bill. -8- COUNTY OF HAWAII -•'i-"' 7, *'- STATE OF HAWAII �TE pq•N'.l , BILL NO. ORDINANCE NO. (planning Aept) AN ORDINANCE AMENDING SECTION 25-8-34(PAPA`IKOU-ONOMEA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—TWENTY ACRES (A-20a) TO FAMILY AGRICULTURAL—TWO ACRES (FA-2a)AT KALAOA, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-7-008:130. -BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-34, Article 8, Chapter 25 (Zoning) of the Hawai`i County Code 1983 (2016 Edition, as amended) is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kalaoa, South Hilo, Hawai`i, shall be Family Agricultural—2 Acres (FA-2A): 1. 0° 0' 00" 283.49 feet along A-2; 2. 78° - 51' 00" 226.36 feet along the south side of Kalaoa Camp Road; 3. 10° 42' 00" 276.84 feet along other lands of Grant 2396 to Kaikaina; Thence along the middle of Kahauiki Stream, the direct azimuth and distance _ being: - 4. 103° 43' 29" 467.09 feet; 5. 173° 40' 00" 81.06 feet along Lot D; -1- . Thence along a line 10' southeast of the top of gulch, the direct azimuth and distance being: 6. 60° 01' 55" 391.61 feet along Lot D; 7. 160° 02' 54" 101.50 feet along Lot B-1-A-1; 8. 74° 34' 30" 207.73 feet along same; 9. 91° 34' 00" — 6L53 feet along same; 10. 91° 29' 20" 39.21 feet along Lot A-2; 11. 188° 14' 47" 342.21 feet along Lot D to the middle of Aukuu Stream; Thence along the middle of Aukuu Stream for the next four(4) courses, the direct azimuth and distance being: 12. 282° 59' 39" 380.85 feet; 13. 236° 32' 32" 271.95 feet; 14. 258° 20' 14" 780.06 feet to the point of beginning and containing an area of 9.581 acres, more or less. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. -- --- -- SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2016 — - Edition, as-amended), the County Council finds the-following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or (2) Reasonably conceived to fulfill needs directly emanating from the land use -2- proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use, or (B) Fulfillment of the need for public service demands created by the proposed use. INSERT CONDITIONS SECTION 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -3- CGoodeREZ.1.19.2022 GARVIN &LAURA GOODE CHANGE OF ZONE APPLICATION (PL-REZ-2021-000003) CONDITIONS OF APPROVAL A.- -The applicant(s), its successor(s) or assign(s) ("Applicant")_shall_be responsible for complying with all of the stated conditions of approval. B. The Applicant shall be responsible for complying with all requirements of Chapter 205,Hawai`i Revised Statutes, relating to permissible uses within the State Land Use Agricultural District. C. Final Subdivision Approval shall be secured within five(5)years from the effective date of this ordinance. -- ---D. The Applicant shall secure approval for andconstruct necessary water system improvements as required by the Department of Water Supply, which may include,but not be limited to, installation of a new service lateral and meter and remit the required facilities charges. E. The land area encompassing the access and utility easement shall not be included in the calculation of land area for purposes of subdividing the subject parcel. F. Restrictive covenants in the deeds of all proposed lots shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. Prior to the submittal of plans for subdivision review, this restrictive covenant shall be recorded against the parent lot(s) with applicability to all lots subsequently created from the parent lot(s). This-restriction may be removed by amendment_of_this.ordinance by the County Council. A copy of the proposed covenant(s) shall be submitted to the Planning Director_for review and approval prior to recordation with the State of Hawai`i._Bureau of Conveyances, with a copy.of-the recorded document to be filed with the Planning Department along with the subdivision,application. G. Prior to Final Subdivision Approval, the Applicant shall cancel the Additional Farm Dwelling Agreement(FDA-09-000255) and the Additional Farm Dwelling Agreement(FDA-18-000459) with the Planning Department. -1- H. All development generated runoff shall be disposed of on site and not be directed toward any adjacent properties. All earthwork and grading activity shall conform to the Hawai`i County Code Chapter 10, Erosion and Sedimentation Control, and Chapter 27, Flood Control. J. The method of sewage disposal shall meet with the requirements of the State Department of Health. K. In the event that surface or subsurface historic resources, including human skeletal remains, structural remains (e.g., rock walls, terraces,platforms, etc.), cultural deposits,marine shell-concentrations, sand deposits, or sink holes are identified during the demolition and/or construction work, the Applicant shall 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. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. L. The Applicant shall comply with all applicable County, State and Federal Laws, rules, regulations and requirements. M. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the Applicant and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan or Zoning Code. 3. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance(i.e., a condition to be performed within one year may be extended for up to one additional year). -2- 5. If the Applicant should require an additional extension of time, the Planning Depai tment shall submit the Applicant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiate rezoning of the area to its original or more appropriate designation. -3- ,, . , 1pilk_10. a -20a N PU'UMO'I ROAD 13,286 77'S 3,527.06'E - - - 4LALA"Ir ` A-20a • 10 A-10a RS - 1v 1 KALAOA CAMP ROAD ,, ,.„..„. ,_, „ ,,, ,, ,;_____,,, ,,„ , , , „ , , ,,,,, r I yO a,1 RS-'C.- 1r ' �, A-20a 111111 lei 10 R5-10 IllR5 0 ALEAMAI ROAD AGRICULTURAL(A-20a)TO FAMILY AGRICULTURAL(FA-2a) III Illik , 9.581 ACRES A 20a Ala iik /se ,pli 1a IIillirrA_ma t 0R -10 __ �/ ROAD -1411111111 20a olio. RS-10 A-10a - Waltilalik°:8111 Feet 0 600 1,200 1,800 2,400 3,000 AMENDMENT TO THE ZONING-CODE- AMENDING SECTION 25-8-34 (PAPAIKOU-ONOMEA ZONE MAP)ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAI'I COUNTY CODE 1983 (2016 EDITION,AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a) TO FAMILY AGRICULTURAL (FA-2a) AT KALAOA, SOUTH HILO, HAWAII MAP PREPARED BY: TMK:(3)2-7-008:130 COUNTY OF HAWAI'I, PLANNING DEPARTMENT DATE:October 5,2021 EXHIBIT"A„ Garvin and Laura Goode Map: 1431 7,„_„:,,,,„ , ,,. ; , F 1 1 _ _ , _ _ . . ., , Kr . - Laura 8� Garvin Goode n r °3 6 Chan e of Zone A I1cation x J pp , PL-REZ-2021 -000003 F.t•,' .,,,:t."=;,;,''''1:;','7,; ! ��� A yr+`t+w+ � y.,Y *A'�176 s h /;:N ,' �' iii:,w ', a,e*x 4). I`r j\r Y`. '', ,, "i ce f' i . �' ,,„z !4t"'V``X ti t dF f( r • ',ofy'tti e d i ;Y .: ,-'.,7:-..:-i'; �� A ,--,i,,-..,;•„, f'1 - �K :`t';• • 4 y 4 f Y• Y 1S 3 Jf 14 it� "1:i--47 i j l - ._5 , . 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Int&national praiartapplerta&Veitt&ti.tiallatz: a,,f'a•-1:ID a F..ar; Airport afikkiinattaggitaf''' ,,,,,taaataaaaaaar,r.a.a. taaa,aaaaaaaaaaaaaasaapwaparatataaasaaa - * *P--*PtPititatitarataparptataakaatraakp.a, , ' . wair,pru.tt,-ea 9 „,..,,,,,,,,,,,,,,v,r, rnItt-i-tAttNe4titti*„:„41-1,4„4:41 -,- „ .:_,„ Applicants Request • Change of Zone from an Agricultural-20 acres (A-20a) to a Family Agricultural-2 acres (FA-2a) zoning district for approximately 9.581 acres of land. Reasons for the Request • If the requested land use entitlement change is approved, the applicants propose to subdivide the property into three (3) lots in order to convey two (2) of the three (3) proposed lots to family members. i 0.----'',.i',. ©It ,,,; '7","; E71,,,,.'1, ' :,;t 1 -e'" (JJ/y1------ I _____ ________ .--------1// Y ________ .... . ...„... , ____/------_-_______-----yr- i _____ . ..„„ ...„_____ t ( - 'Lo ,:,„.., ....„ ,,,. , ,,,,„ , i , ,N r \ t ' 1 r A '' A Vitirlalti/4",,A Ak:/4','N, I I _ . '. '. 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VIEW OF KALAOA CAMP ROAD FACING WEST SITE OF THE 2ND ADDITIONAL FARM DWELLING Site Photos , , ,, . ,, , .„,. ._ .„ ,, , , -,,,, , , It <... .., . _ ..,. „,„„ri , , i ,, ,, ,..:A......4 I . .,..., ,. , ...,„,,,e --,-'`;;'4,' , , . . .,, ,_„,, , .1),„ us.. rs,.... , . ,_ . `a & [j 1 � �: `$� CL' '” tea_. ,:tr,s ," KMN !,..'t,..,,.74, $ { r- T _v r 4yµ' "r.`�'., ..-`'� �c,.. y.e°',` .7 ,,7,,-„,..!.!...,, ',.4,f,;:,..-$,, 5 , fah, �P'F - i .. - .. N i4.,,,-. 6 e u" .4;, ( Y � ".. : -, =w+ - • '. x ', .' L ".ted' 3t .4E :3a. �,:: r ,.. VIEW OF THE EXISTING SINGLE FAMILY VIEW OF THE EXISTING 1 St ADDITIONAL FARM DWELLING DWELLING Planning Director's Recommendation A favorable recommendation be sent to the County Council