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HomeMy WebLinkAboutPD Background Report - Garrett Watts (PL-SPP-2025-000087)1 BGarrettWattsSPP.ak.6.2.25 COUNTY OF HAWAI‛I PLANNING DEPARTMENT BACKGROUND REPORT GARRETT WATTS SPECIAL PERMIT APPLICATION NO. PL-SPP-2025-000087 GARRETT WATTS is requesting a Special Permit to establish an orthopedic office as a home occupation within an approximately 411-square foot portion of an approximately 1,000 sq ft proposed detached garage on a .70-acre portion of a 21.272-acre property within the State Land Use Agricultural District. The subject property is located at 73-1775 Hao Street, approximately 1.8 miles east of its intersection with Highway 180, Kaloko Mauka, North Kona, Hawaiʽi, TMK: (3) 7-3-025:003. APPLICANT’S REQUEST 1. Request: Operate an orthopedic office within a proposed farm dwelling. The farm dwelling will be approximately 3,200 sq ft in size. The orthopedic office will be located within a 411-square foot portion of an approximately 1,000 sq ft proposed detached garage. The applicant proposes the following activities and hours of operation: ▪ The intended patient population are relatively healthy, ambulatory patients who have conditions of the hand and arm, such as arthritis, tendinitis, cysts, and neuropathies like carpal tunnel syndrome. ▪ Cortisone injections (small volume), post-operative dressing changes, consultations and minor follow-ups. ▪ The office intends to serve a maximum of 10 patients per day; Mondays, Wednesdays, Fridays, and Saturdays between 8:00 a.m. and 1:00 p.m. ▪ There will be no additional staff or employees other than the applicant. Reasons for Request: The applicant is an orthopedic surgeon who has operated his own medical practice on the Continental U.S. for over 30 years. The applicant is proposing to bring much-needed orthopedic services to Hawaiʻi Island, so that patients will not have to travel off island for care. The applicant was planning to lease a properly zoned business space in Kailua-Kona but does not intend to practice full-time and intends 2 to sunset the practice within ten years of receiving final approvals for his dwelling and receiving this permit. 2. Development Timeline and Cost: The applicant proposes to construct a house, detached garage, and related improvements within 2 years. The estimated cost is roughly $500,000 which will cover the construction of the main farm dwelling, detached garage with orthopedic office, water supply upgrades (if needed), and wastewater system installation. 3. Definition of “Home Occupation”: According to Section 25-1-5 of the Zoning Code, a “home occupation” means any activity intended to provide income that is carried on within a dwelling, within an accessory structure to a dwelling, or on a portion of a building site used principally for dwelling purposes. A home occupation shall be permitted as incidental and subordinate to the use of a dwelling in any district in which a dwelling is located, provided that the home occupation does not change the character and external appearance of the dwelling. Additional requirements for operating a home occupation are shown in Section 25-4-13 of the Zoning Code (Planning Department Exhibit 1). 4. Landowner: Watts Farms LLC. 5. Supportive Information: The applicant has submitted the attached in support of the request: (Planning Department Exhibit 2- Addendum dated November 18, 2025 with Revised Site Plan) (Planning Department Exhibit 3- Special Permit Application received on March 31, 2025). DESCRIPTION OF STATE & COUNTY PLANS 6. State Land Use District: Agricultural. 7. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Important Agricultural Lands (ial). 8. County Zoning: Agricultural-20 acres (A-20a). 9. Kona Community Development Plan (CDP): The Kona CDP, originally adopted by the Hawai‘i County Council on September 25, 2008, and most recently amended on September 18, 2019, identifies the preferred land use pattern for the Kona districts. The subject property is not within the Kona Urban Area or any Rural Town Centers. 10. Special Management Area (SMA): The permit area is located approximately 5.30 miles 3 from the nearest coastline; thus, it is not located within the SMA. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 11. Subject Property: The subject, 21.272-acre property is rectangular in shape and located at 73-1775 Hao Street within the Kaloko Mauka subdivision. It is primarily vegetated with both native and common forest vegetation and currently does not contain any structures. There is an existing unpaved driveway/access and cleared open area where the proposed development will occur. 12. Surrounding Zoning and Land Uses: Surrounding lands are zoned Agricultural-5 Acres (A-5a), Agricultural-20 Acres (A-20a), and Agricultural-10 Acres (A-10a). Most of the properties within the vicinity have farm dwellings. There is a counseling clinic approximately 9,867 feet to the northeast which was approved by Special Permit number SPP 08-000052 and multiple dwellings within the surrounding area. 13. USDA Soil Survey Report: Puna and Haplic Udarents soils, 10 to 20 percent slopes. This soil type is made from organic material over aʻa lava. It is considered well-drained, has a low runoff class, and is not considered prime farmland. 14. Flood Insurance Rate Map (FIRM): Zone “X,” determined by FEMA to be an area of minimal flood hazard. 15. Land Study Bureau’s Overall Productivity Rating: “E” or Very Poor. 16. Agricultural Lands of Importance to the State of Hawai‘i (ALISH): The subject parcel is classified as Other Lands. 17. Flora and Fauna Resources: According to the applicant, the subject property includes approximately 21.272 acres of land located in the Kaloko Mauka area of North Kona, of which approximately 85% of the project parcel is enrolled in a Forest Stewardship dedication under an approved Forest Management Plan. This plan was professionally prepared and outlines conservation practices to manage and protect the native forest resources on the property. Native vegetation observed on the site includes ʻōhiʻa (Metrosideros polymorpha), koa (Acacia koa), hāpuʻu (Cibotium glaucum), and other native understory species. Invasive plants such as strawberry guava and kahili ginger are also present and are subject to ongoing control efforts. Faunal resources indentified within or near the proeprty include common native forest 4 birds such as the ʻAmakihi (Chlorodrepanis virens), ʻApapane (Himatione sanuinea), and the Hawaiian Hawk (Buteo solitarius), which is a state-listed species. The applicant has acknowledged the potential seasonal presence of the Hawaiian Hoary Bat (Lasiurus cinereus semotus), and has committed to mitigation measures, including avoiding tree trimming during sensitive periods and conducting pre-activity surveys when necessary. Other species observed include the Kamehameha butterfly (Vanessa tameamea) and non- native animals such as feral pigs and rats. The proposed orthopedic clinic will be developed on a 0.70-acre portion of the property outside the forest dedication area. The site has been previously cleared and does not contain mature native forest. Site planning was completed to avoid impacts to significant native trees and sensitive habitats. Best management practices will be implemented to prevent the introduction or spread of pests and pathogens, such as Rapid ʻŌhiʻa Death (ROD), including tool sanitation and onsite monitoring. Based on the scope of the proposed project, the location of the development, and the existing forest management framework, the proposed use is not anticipated to result in adverse impacts to floral or faunal resources on the property. 18. Archaeological/Historical/Valued Cultural Resources: An archaeological field inspection of the development area and an additional seven-acre surrounding survey area was completed by ASM Affiliates on August 1, 2025, in accordance with the State Historic Preservation Division (SHPD) request. The investigation included 100 percent pedestrian coverage with 10-meter transects and confirmed that no historic properties or archaeological features are present within or near the proposed project area. No terraces, enclosures, mounds, alignments, lava tubes, or other cultural features commonly associated with the Kona upland agricultural system were identified, and prior mechanical disturbance—including grubbing, dozed access paths, and boulder push piles—were documented across portions of the parcel. Due to thin soils over ʻaʻā bedrock and the site’s elevation, the potential for subsurface cultural deposits is considered very low. ASM therefore recommends an effect determination of “no historic properties affected.” Cultural resource review similarly indicates that no traditional or customary practices are known to occur on the parcel. A former informal footpath once used by the 5 public is located on the subject parcel, however, it is not recognized by Nā Ala Hele, is not a traditional trail, and no longer connects to any active access route; formal public access to the Makāula-ʻŌʻoma Trail is located more than 3,500 feet away at Makahi Street. The applicant has not observed gathering, cultural use, or public access across the property. Based on the archaeological inspection and cultural context, the proposed development is not expected to affect historic properties, valued cultural resources, or customary Native Hawaiian practices, and standard inadvertent discovery protocols will be followed should any findings occur. 19. Public Access: There are no known public access trails, paths, or walkways, that traverse through the permit area in order to reach the shoreline or mountain. PUBLIC SERVICES AND FACILITIES 20. Access/Traffic: The property will take access from Hao Street via a paved driveway. Paved parking on the property will accommodate one (1) patient vehicle. According to the applicant, the clinic is not expected to cause a significant increase in traffic, as the clinic will be limited to a maximum of 10 patients up to four (4) days a week. 21. Water: County water is available to the subject property, however additional consultation with the Department of Water Supply (DWS) is needed to confirm whether the existing service is sufficient to support the proposed usage. If county water is not sufficient for the intended uses proposed on the property, the applicant states that they will submit estimated water usage calculations to secure the necessary water commitments to support the project. 22. Wastewater: There is no county sewer system in the area. The applicant proposes to construct an Individual Wastewater System (IWS) approved by the Department of Health with sufficient capacity to support the proposed use. 23. Other Essential Utilities and Services: Electrical service is available to the site. Police and medical services are located in Kailua-Kona which is 4.75 miles away. Fire services are located in the Makalei area and is 2.39 miles away. AGENCY COMMENTS 24. State Department of Land and Natural Resources Division of Forestry and Wildlife: (Planning Department Exhibit 4 - May 22, 2025 Memo) 6 25. State Department of Land and Natural Resources – State Historic Preservation Division: (Planning Department Exhibit 5 - May 16, 2025 Letter & August 25, 2025 Letter) 26. State Department of Health: (Planning Department Exhibit 5 – April 25, 2025 Memo) AGENCIES – NO COMMENT OR CONCERN 27. Police Department, Department of Finance-Real Property Tax, and State Office of Planning and Sustainable Development. AGENCIES/ASSOCIATION – NO RESPONSE 28. Fire Department, State Land Use Commission, State Department of Transportation, State Department of Agriculture, Department of Public Works-Engineering Division, and Department of Environmental Management. PUBLIC COMMENTS 29. Planning Department Exhibit 7 – Surrounding Property Owners Testimony received by the Planning Department on May 05, 2025 30. Planning Department Exhibit 8 – Tracey Jensen and Paul Akazawa Testimony received by the planning Department on May 06, 2025. 31. Planning Department Exhibit 9 – Diane McWhirter Testimony received by the Planning Department on May 06, 2025. 32. Planning Department Exhibit 10 – Bill and Kathryn Foster Testimony received by the Planning Department on May 06, 2025. 33. Planning Department Exhibit 11 – Sara and Daniel Medeiros Testimony received by the Planning Department on May 06, 2025. 34. Planning Department Exhibit 12 – Roger Weustefeld Testimony received by the Planning Department on May 12, 2025. 35. Planning Department Exhibit 13 – Sara and Daniel Medeiros Testimony in response to the applicant’s letter dated May 09, 2025 received by the Planning Department on May 18, 2025. 7 36. Planning Department Exhibit 14 – Tracey Jensen and Paul Akazawa Testimony in response to the applicant’s letter dated May 09, 2025 received by the Planning Department on May 18, 2025. 37. Planning Department Exhibit 15 – Diane McWhirter Testimony in response to the applicant’s letter dated May 09, 2025 received by the Planning Department on May 19, 2025. 38. Planning Department Exhibit 16 – Mark and Mary Ann Blanchard Testimony received by the Planning Department on May 21, 2025. 39. Planning Department Exhibit 17 – Mark Van Pernis Testimony received by the Planning Department on July 10, 2025. 40. Planning Department Exhibit 18 – Jill Wagner Testimony received by the Planning Department on August 25, 2025. 41. Planning Department Exhibit 19 – Roger and Lydia Weiss Testimony received by the Planning Department on August 25, 2025. APPLICANT’S COMMENTS 42. Planning Department Exhibit 20 – Applicant’s letter to surrounding property owners dated May 09, 2025. 43. Planning Department Exhibit 21 – Applicant’s letter to surrounding property owners dated June 16, 2025. 44. Planning Department Exhibit 22 – Applicant’s letter to the Planning Commission dated November 24, 2025. § 25-4-12 HAWAI‘I COUNTY CODE 25-53.1 UNOFFICIAL ADVANCE SHEET – Updated on July 7, 2025. Contains sec(s) affected since publication of Supp. 18 (7-2025). Official revision to be published in Supp. 19 (1-2026). (g) The telecommunication antennas and tower shall comply with all applicable rules, regulations and requirements of affected agencies, including the Federal Aviation Administration and Federal Communications Commission. All exterior lighting, except safety beacons required by the FAA, shall be: (1) Fully shielded so that the bulb is not visible from any point above the height of the bulb; and (2) Turned off when human activity is not occurring in the lighted area. (h) Should any state or federally listed or endangered species be found on the subject property, the applicant shall comply with all applicable requirements of Department of Land and Natural Resources-Division of Forestry and Wildlife and/or the United States Fish and Wildlife Service. (i) Within one hundred twenty days of the permanent abandonment of the tower, the applicant shall remove the tower and its antenna and accessory structures (including the equipment building and the fence), down to, but not including the concrete foundation. The applicant shall immediately provide written notification to the director of the termination of the telecommunication tower and related improvements and the removal of all structures. (j) The director may require any conditions or changes in the location and design of telecommunication antennas and towers necessary to carry out the purposes of this chapter and the natural beauty chapter of the general plan. These conditions or changes may include but not be limited to requiring stealth design (e.g., monopine, monopalm) in order to reduce visual impacts to surrounding properties. If the proposed site is located within an area of natural beauty as designated by the general plan or is located along a roadway, bikeway, trail, or park used by the public, the director may require an on-site or off-site relocation of the telecommunication tower to mitigate visual impacts. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2010, ord 10-17, sec 3; am 2011, ord 11-25, sec 2; am 2025, ord 25-55, sec 7.)25-4-12 Section 25-4-13. Home occupations. (a) A home occupation shall be permitted as incidental and subordinate to the use of a dwelling in any district in which a dwelling is located, provided that the home occupation does not change the character and external appearance of the dwelling. (b) All home occupations shall comply with the following standards: (1) The home occupation shall be conducted either entirely within the dwelling or, if outside the dwelling, the activity shall be screened from public view. (2) No exterior signs, symbols, displays or advertisements relating to the home occupation shall be displayed, nor shall any interior signs be visible from the public view. (3) Any materials, supplies or products relating to the home occupation which are stored outside of the dwelling or other fully enclosed building shall be screened from the public view. (4) Articles sold on the premises shall be limited to those produced by the home occupation, or to instructional materials pertinent to the home occupation, or to services provided by the home occupation. ZONING § 25-4-13 25-53.2 UNOFFICIAL ADVANCE SHEET – Updated on July 7, 2025. Contains sec(s) affected since publication of Supp. 18 (7-2025). Official revision to be published in Supp. 19 (1-2026). (5) Only one employee shall be permitted in addition to household members under the home occupation. (6) A minimum of one parking space shall be provided on the building site in addition to parking required for the dwelling use or other permitted uses if the home occupation involves customer or client visits or meetings. The director may require additional parking spaces where the director finds that such additional parking spaces may be reasonably necessary to avoid off-site or inappropriate parking locations. Any resident of a multiple-family dwelling may fulfill the parking requirement by the use of guest parking with the written approval of the building owner, manager or condominium association. (c) A person desiring to engage in a home occupation that involves any of the following activities, shall file with the director, a declaration in the form designated by the director, verifying that the home occupation will comply with all of the conditions contained in subsection (b) and will not involve any of the activities listed under subsection (e): (1) Frequent customer or client visits; (2) Frequent deliveries or pickups; (3) Storage of materials, supplies or products related to the home occupation outside of the dwelling or other fully enclosed building; (4) Activities conducted outside of the dwelling; or (5) Group instruction. (d) A special permit shall be obtained for any home occupation on a building site that is situated within either the State land use rural or agricultural district. (e) The following activities shall not be permitted as home occupations: (1) Contractor storage yards, including without limitation, the storage, use, repair or fabrication of equipment designed or intended for use in land excavation or in the construction of buildings or other structures or other similar heavy equipment. (2) Repair, fabrication or painting of automobiles or other motorized vehicles, except those owned by household members and which are not sold or made available for sale within one year of such activity regarding any particular vehicle. (3) Care, treatment or boarding of animals in exchange for money, goods, services or other consideration. (4) Any activities and uses which are only permitted in industrial districts. (f) Any home occupation existing as of December 7, 1996, which involves any of the activities listed under subsection (c) may continue as a nonconforming use until September 30, 1997, at which time any such continued use without the filing of a declaration, as provided under subsection (c) shall be considered illegal under this chapter. Prior to September 30, 1997, any person may file a declaration for any home occupation existing as of December 7, 1996, which involves any of the activities listed under subsection (c), and upon the filing of such declaration, the use shall be considered a permitted use. (1996, ord 96-160, sec 2; ratified April 6, 1999.)25-4-13 194 Wiwoole St. Hilo, HI 96720 (808) 333-3393 info@landplanninghawaii.com November 18, 2025 Mr. Jeffrey Darrow, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Darrow: Subject: Attn: Alukahe Kala Addendum to Special Permit Application (PL-SPP-2025-000087) Applicant: Garrett Watts Agent: Land Planning Hawaii LLC Kaloko Mauka, North Kona, Hawaii TMK: (3) 7-3-025:003 (por.)______ The subject application was originally submitted to your office in February 2025. The applicant originally proposed to construct an approximately 1,000 square foot detached orthopedic office on the subject property, but recently submitted a letter revising the request. He now proposes for the orthopedic office to be operated as a home occupation and contained within an approximately 411 square foot portion of a residential garage proposed to be constructed on the property in conjunction with the applicant’s future dwelling. A revised site and floor plan depicting the location and layout of the proposed office is attached. This letter is being provided at your request to provide additional information regarding how the proposed use meets the Special Permit criteria outlined in Hawai‘i Revised Statutes §205. Unusual Conditions In recognizing that lands within Agricultural districts might not all be best suited for agricultural activities and yet classified as such, and in recognition that certain types of uses might not be strictly agricultural in nature, yet reasonable in such districts, Hawai‘i Revised Statutes §205-6 allows County Planning Commissions to permit certain unusual and reasonable uses within the Agricultural and Rural districts other than those for which the district is classified. Although soils on the property are classified as “E”, or “very poor” by the Land Study Bureau, the parcel’s forest cover has significant value in its ability to preserve upland watersheds. For this reason, the applicant commissioned a forest management plan and dedicated 17.872-acres (approximately 84%) of the property as native forest land. The applicant proposes to construct the orthopedic office entirely within a residential garage which is proposed to be constructed on the property in conjunction with the applicant’s proposed dwelling and is outside of the dedicated forest area. Since the office is proposed to be entirely within the garage, the use will be accessory to the residential use of the parcel and the Special Permit use will not interfere with the agricultural use of the property for native forest dedication. Additionally, specialty health care services are often in short supply and difficult to receive in rural areas, such as Kaloko, and even on the Big Island as a whole, with many Big Island residents having to commute to Oahu or be put on waiting lists to receive the specialty care needed. The orthopedic office proposed by the applicant will bring additional valuable and needed orthopedic services to our community. Land Suitability for Permitted Use As mentioned above, approximately 85% of the property is dedicated as forest land, playing an important role in the Kona watershed and providing an appropriate habitat for native flora and fauna. Since the office is proposed to be entirely within the proposed residential garage, the use will be accessory to the residential use of the parcel and the Special Permit use will not interfere with any of the dedicated native forest land. Land Character and Present Use The proposed use will not substantially alter or change the essential character or present use of the land as dedicated native forest. The Special Permit area will encompass to a 0.7-acre portion of the parcel on which the applicant proposes to develop his home and has thus not been dedicated as native forest land. The office will be contained within the proposed residential garage in order to minimize ground disturbance. Additionally, the proposed use will not create any significant visual or sound impacts as the existing forest on the property will provide a visual buffer from surrounding properties. Thus, the proposed office will not disturb the current character and use of the land as native forest and habitat and will not be detrimental to the essential character of the land or surrounding area. Relationship to General Plan The proposed use will not be contrary to the goals, policies, and standards of the General Plan or the Kona Community Development Plan. As discussed in Section 3C of the background report provided with the initial submittal of the application, the proposed use conforms to the General Plan’s economic, public facilities and land use goals and policies. Further, the project will provide the applicant an opportunity to realize his entrepreneurial goal of moving his orthopedic practice to the Big Island. Unusual and Reasonable Use The proposed use is an unusual and reasonable use of the land which would not be contrary to the objectives sought by Land Use Law and Regulations, which, for the Agricultural District, seek to preserve or keep the land of high agriculture potential in agriculture usage. Lands in the Agricultural District include areas with a high capacity or potential for agricultural uses but also lands which are surrounded by or contiguous to agricultural lands and which are not suited to agricultural uses by reason of topography, soils or other related characteristics. In this case, the General Plan’s Land Use Pattern Allocation Guide (LUPAG) designates this land as Important Agricultural Land, yet the Land Study Bureau classifies the soils for this property as “E”, or “very poor”. Although the soils on the property are not well suited for intensive agricultural uses, the property’s forest cover has significant value in its ability to preserve upland watersheds. As mentioned above, it is for this reason that the applicant commissioned a forest management plan and dedicated 17.872-acres (approximately 84%) of the property as native forest land. He also owns the adjacent 5-acre parcel to the north which he has dedicated entirely to native forest preservation. The orthopedic office is proposed within a residential garage to be constructed on the property in conjunction with the applicant’s proposed dwelling. The dwelling site was carefully chosen in conjunction with the forest management plan in order to minimize disruption to the native forest. Although unusual, this request is reasonable as the office will be entirely within the proposed residential garage, the use will be accessory to the residential use of the parcel and the Special Permit use will not interfere with the agricultural use of the property for native forest dedication. Additionally, the proposed office will provide greater access to specialty medical services for Big Island residents. Approval of this Special Permit request will allow the landowner to move his orthopedic practice to the Big Island and share his medical expertise with our community. It will also afford him the opportunity to live and work on his parcel so that he can more readily maintain the forest. Therefore, the proposed Special Permit use, while unusual, is reasonable on this property and will not adversely impact the agricultural land inventory in the County of Hawai‘i nor will it be contrary to the intent and purpose of the State Land Use Law. We trust that everything is in order for your acceptance and processing of this information. If not, or if there are questions relating to this matter, please feel free to direct them to me. Thank you very much. Sincerely, John Pipan Planning Administrator TM K 7 - 3 - 0 2 5 : 0 0 3 Ka l o k o M a u k a S u b d i v i s i o n Ka i l u a K o n a , I s l a n d o f H a w a i ' i 30' s e t b a c k o n K a l o k o D r i v e 30' s e t b a c k o n H a o S t r e e t T M K 7 - 3 - 0 2 5 : 0 0 3 20' s i d e y a r d s e t b a c k s SC A L E 1 " = 3 0 0 ' - 0 " 18 3 ° 0 0 ' 6 4 5 . 9 0 3 1 5 ° 1 0 ' 1 9 6 3 . 6 4 3° 0 0 ' 4 4 5 . 9 7 KA L O K O D R I V E H A O S T R E E T TR U E N O R T H 1 3 5 ° 1 0 ' 1 6 7 4 . 7 6 114 ° 0 5 ' 1 2 2 . 3 1 R = 1 7 0 . 0 0 93°0 0 ' 5 0 . 0 0 48°0 0 ' 7 0 . 7 1 R = 5 0 . 0 Home & Office 30 F O O T F O R E S T R E S E R V E STR U C T U R A L S E T B A C K E A S E M E N T 100 F O O T F O R E S T R E S E R V E STRU C T U R A L S E T B A C K EAS E M E N T O N H A O S T R E E T 100 F O O T F O R E S T R E S E R V E STR U C T U R A L S E T B A C K EAS E M E N T O N K A L O K O D R I V E 2 A01.0 Full Site Plan 1" = 300' 2 1 . 2 7 2 a c r e s Watts driveway neighbors driveway neighbors driveway 4 0 0 ' 1 4 0 ' 1 A01.0 Partial Site Plan 1" = 30' 3 1 5 Ā 1 0 ' 1 9 6 3 . 6 4 1 3 5 Ā 10 ' 1 6 7 4 . 7 6 LOT 5 21.2 7 2 A C R E S TEM P O R A R Y B E N C H M A R K NAIL ( S E T ) ELEV A T I O N = 3 0 0 . 0 0 REFE R R E D T O A N A S S U M E D D A T U M 12 6 Ā03' 5 0 ' ' 2 9 3 . 6 7 ( T i e f r o m S p i k e i n C o n c r e t e ( F o u n d ) a t P C L o t 5 ) SC A L E 1 " = 3 0 ' - 0 " TR U E N O R T H 100 FOOT FOREST RESERVE STRUCTURAL SETBACK EASEMENT 100' 100 F O O T F O R E S T R E S E R V E STR U C T U R A L S E T B A C K E A S E M E N T 100 ' 30'-0" 30 F O O T F O R E S T R E S E R V E STR U C T U R A L S E T B A C K E A S E M E N T 30' 30' 20' setb a c k T M K 7 - 3 - 0 2 5 : 0 0 3 T M K 7 - 3 - 0 2 5 : 0 7 3 setb a c k AR # 5368 EXPIRES 4/30/26 DRAWN CHECKED DATE JOB NO SHEET TC THIS WORK WAS PREPARED BY ME OR UNDER MY SUPERVISION AND CONSTRUCTION OF THIS PROJECT WILL BE UNDER MY OBSERVATION. TC 11.17.25 REVISIONS BY A01.0 SITE PLAN Pr o p o s e d R e s i d e n c e : Wa t t s F a r m s , L L C Terrance J. Cisco Architect, LLC 2025 c 18.03.18 5 1 ' - 8 " Garage #1 Home .70 acres approx. for residence, garages , clinic and driveway 2 5 ' - 7 " Garage #2 Office SPECIAL PERMIT APPLICATION SITE PLAN AR # 5368 EXPIRES 4/30/26 DRAWN CHECKED DATE JOB NO SHEET TC THIS WORK WAS PREPARED BY ME OR UNDER MY SUPERVISION AND CONSTRUCTION OF THIS PROJECT WILL BE UNDER MY OBSERVATION. TC Terrance J. Cisco Architect, LLC 2025 c REVISIONS BY Pr o p o s e d R e s i d e n c e : Wa t t s F a r m s , L L C TM K 7 - 3 - 0 2 5 : 0 0 3 Ka l o k o M a u k a S u b d i v i s i o n Ka i l u a K o n a , I s l a n d o f H a w a i ' i 18.03.18 A EADBC G I J K L M H O P Q R U S F N V T 50'-0" 21'-6 1/2" 5'-0"9'-0" 34'-0"34'-0" 42 ' - 0 " 8'-0"17'-0"17'-0"8'-0" 5' - 2 3 / 4 " 64 ' - 5 1 / 2 " 50'-5 1/2" 20'-0" 50'-5 1/2" 5' - 0 " 46'-0" 28 ' - 0 " 28 ' - 5 1 / 2 " 28'-0" 28'-5 1/2" Safe Room to comply with Article 13 Hawaii Residential Safe Room 3'-5"10'-5"6'-2" 6'-0" 2' - 4 " 1' - 6 " 2' - 6 " 4' - 0 " 3' - 1 0 " 8'-0" 4'-6" 4'-0"4'-0" 2' - 0 " 2'-0" 6'-2" 4' - 0 " 1'-0"6'-0" 17'-3"11'-2 1/2"2 3/4"2 3/4" 3'-9" 1'-11"1'-11"3 1/2"5 1/2"5 1/2" 6" 11 ' - 9 " 10 ' - 3 " 5 1 / 2 " 3 1/2" 7 1 / 4 " 3' - 7 1 / 2 " 8' - 0 " 8' - 0 " 8' - 0 " 8' - 0 " 10 ' - 0 " 10 1 / 8 " 9' - 1 7 / 8 " 32 ' - 0 " 6" 6" from grid to end of ridge steel 33 ' - 4 1 / 8 " 31 ' - 4 5 / 8 " st e e l ri d g e be a m st e e l ri d g e be a m steel ridge beam ends at face of stud 1'-6" Garage #1 Home Garage #2 Office SPECIAL PERMIT APPLICATION FLOOR PLAN 0 4 8 12 1/4" = 1'-0" NORTH Patient Parking Waiting Exam Bathroom Utility (Approx. 411 s.f.) 11.17.25 25'-7" 194 Wiwoole St. Hilo, HI 96720 (808) 333-3393 info@landplanninghawaii.com March 31, 2025 Mr. Jeffrey Darrow, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Darrow: Subject: Attn: Alukahe Kala Special Permit Application (PL-SPP-2025-000087) Applicant: Garrett Watts Agent: Land Planning Hawaii LLC Kaloko Mauka, North Kona, Hawaii TMK: (3) 7-3-025:003 (por.)______ This letter is in response to your March 10, 2025 request for additional information pertaining to the subject application. The application was submitted to your office on February 24, 2025. The applicant is requesting a Special Permit to operate a small orthopedic clinic on the subject property. The property is located at the northwest corner of the intersection of Kaloko Drive and Hao Street, approximately 1.8 miles west of Hawaii Belt Road in the Kaloko Mauka area of North Kona, Hawaii. With regard to your request to know if the applicant plans to have any signage for the clinic, he plans to mount a sign on the rock wall fronting Hao Street near the driveway entrance. It will consist of brass letters 6”-12” tall and read “Kona Hand Surgery” with the street address below. Regarding concerns over potential discrepancies with the Forest Management Plan. At the time the Forest Management Plan was prepared in 2017, the applicant intended to maintain 17.872 acres of the property as forest land and reserve the remaining 3.4 acres for other potential future uses. His plans at that time were to set aside 1.4 acres for a future house site and driveway and set aside another 2 acres for “undefined food crops”, to be determined at a later point. His intention now is to utilize an approximately 0.35-acre portion of that 2-acre area for the clinic and share an approximately 0.35-acre portion of the designated driveway area for access to the clinic and a future house pad. This totals the approximately 0.7-acre Special Permit area. The 0.35-acre location of the proposed clinic is similar to the area identified on the Forest Management Plan as “undefined food crop” just west of the driveway and does not exceed the overall square footage of non-dedicated area. As shown on the site plan provided, the layout of the clinic, driveway and parking, has been designed to minimize impact to native vegetation and avoid existing mature ʻōhiʻa trees. While the Special Permit request may slightly alter the precise boundaries of the area identified as “undefined food crop” on the Forest Management Plan, it will not result in any decrease in the overall 17.872-acre dedicated forest area. To this point, the landowner has been maintaining the entire property as native forest and plans to continue to maintain the native forest on the entirety of the remaining parcel after the clinic and house/driveway are built. As proposed, house site/driveway and clinic area will total less than 1.5 acres of the overall 21.727 parcel. That means that more than 19.5 acres will remain as native forest after full build out of the clinic and house, thereby providing significant buffer to ensure that the minimum 17.872-acres of dedicated native forest area is maintained. Discussion with the Real Property Tax office indicates that the proposed project does not impact the existing native forest dedication (see email communications attached as Exhibit A). Regarding the trail over the applicant’s property mentioned in the Forest Management Plan, it is not a documented trail with Nā Ala Hele and is not known to have been used for traditional or customary practices. Per the applicant, the trail was previously used by the public without permission to access the Makāula-ʻOʻoma Trail. The trail over the applicant’s property was closed and allowed to become overgrown several years ago due to concerns over impacts to the native forest and privacy and the public was redirected to the legal public entrance to the Makāula -Oʻoma Trail on Makahi Street, approximately 0.5 miles away from the subject property. Additionally, it is no longer possible to access the Makāula- ʻOʻoma Trail via the applicant’s property as portions of the same trail over other nearby properties have been destroyed. The Makāula-ʻOʻoma Trail is documented with Nā Ala Hele and their website directs the public to the legal access to the trail from Makai Street. Per the Nā Ala Hele website, unofficial trails are illegal and may harm native species habitat. With regard to the 100-foot wide forest reserve/structural setback easement along the roadway frontage and 30-foot wide forest reserve easement along the other lot lines, no structures are proposed within these areas. A revised site plan identifying these easement areas is attached here (Exhibit B). The applicant has tentative plans to complete construction of the proposed farm dwelling by 2027. The proposed dwelling is not part of this Special Permit request. Finally, a printout from the State of Hawaii Department of Commerce and Consumer Affairs is attached to show that Garrett Watts is the sole member of Watts Farms LLC and authorized to sign on its behalf. We trust that everything is in order for your acceptance and processing of this application. If not, or if there are questions relating to this matter, please feel free to direct them to me. Thank you very much. Sincerely, John Pipan Planning Administrator (Exhibit B). . confirms A compacted gravel path 4' wide overhead line ALTERNATE METER LOCATION #2 TM K 7 - 3 - 0 2 5 : 0 0 3 Ka l o k o M a u k a S u b d i v i s i o n Ka i l u a K o n a , I s l a n d o f H a w a i ' i 30' s e t b a c k o n K a l o k o D r i v e 30' s e t b a c k o n H a o S t r e e t T M K 7 - 3 - 0 2 5 : 0 0 3 20' s i d e y a r d s e t b a c k s SC A L E 1 " = 3 0 0 ' - 0 " 18 3 ° 0 0 ' 6 4 5 . 9 0 3 1 5 ° 1 0 ' 1 9 6 3 . 6 4 3° 0 0 ' 4 4 5 . 9 7 KA L O K O D R I V E H A O S T R E E T TR U E N O R T H 1 3 5 ° 1 0 ' 1 6 7 4 . 7 6 114 ° 0 5 ' 1 2 2 . 3 1 R = 1 7 0 . 0 0 93°0 0 ' 5 0 . 0 0 48°0 0 ' 7 0 . 7 1 R = 5 0 . 0 Clinic Home SC A L E 1 " = 3 0 ' - 0 " TR U E N O R T H KA L O K O D R I V E 100 FOOT FOREST RESERVE STRUCTURAL SETBACK EASEMENT 30 F O O T F O R E S T R E S E R V E STR U C T U R A L S E T B A C K E A S E M E N T 30' 100' 100 F O O T F O R E S T R E S E R V E STR U C T U R A L S E T B A C K E A S E M E N T 100 ' 30' 30 F O O T F O R E S T R E S E R V E STR U C T U R A L S E T B A C K E A S E M E N T 100 F O O T F O R E S T R E S E R V E STRU C T U R A L S E T B A C K EAS E M E N T O N H A O S T R E E T 100 F O O T F O R E S T R E S E R V E STR U C T U R A L S E T B A C K EAS E M E N T O N K A L O K O D R I V E EXIST. HELCO POLE P.B. E X I S T I N G W A T E R M A I N PROPOSED NEW WATER LINE UNDER STREET & METER PER WATER DEPARTMENT ENGINEERING PLANS First Phase Second Phase METER LOCATION #1 power to house from entry meter power back from house solar water to house water to clinic CLINIC SIGN & ADDRESS ON ROCK WALL AR # 5368 EXPIRES 4/30/26 DRAWN CHECKED DATE JOB NO SHEET TC THIS WORK WAS PREPARED BY ME OR UNDER MY SUPERVISION AND CONSTRUCTION OF THIS PROJECT WILL BE UNDER MY OBSERVATION. TC 03.13.25 REVISIONS BY A01.0 VICINITY MAP & SITE PLAN Pr o p o s e d C l i n i c & R e s i d e n c e f o r L a n d o w n e r : Wa t t s F a r m s , L L C Terrance J. Cisco Architect, LLC 2023 c 18.03.18 Home Clinic 2 1 . 2 7 2 a c r e s 37 0 36 8 3 6 8 3 6 6 3 6 4 362360 358 356 35 4 35 2 358 35 8 35 6 35 4 35 2 35 0 319.0 t.o.w.316.0 t.o.w. 314.0 t.o.w. 308.0 t.o.w. 319.0 t.o.w. 36 6 3 7 0 2:3 slope w/ stone rip-rap as needed 1:1excavated rock face Home AG Greenhouse 300 sq.ft. EXHIBIT #1 SPECIAL PERMIT APPLICATION fro m r o a d w a y 96'- 0 " .63 acres Clinic 800 - 1000 sq.ft. Covered Parking & Entry Lanai 815 sq.ft. De d i c a t e d F o r e s t B u f f e r Approximate location of Special Use Permit Area (needs to be staked and surveyed) Septic System (2) covered parking stalls (1) parking stallOhia Hapu Ohia H A O S T R E E T Septic System va n a c c e s i b l e wa t e r po w e r 10' 10 ' .48 acres Approximate location of space for House KONA HAND SURGERY 73-1775 Hao Street 10' 4' 6" 4" 22" high ground cover planting Elevation @ Driveway on Hao Street1 1/4" = 1'-0" EXHIBIT A DCCA State of Hawaii Downloaded on March 10, 2025.The information provided below is not a certification of good standing and does not constitute any other certification by the State.Website URL: http://hbe.ehawaii.gov/documents Business Information MASTER NAME WATTS FARMS LLC BUSINESS TYPE Foreign Limited Liability Company (LLC) FILE NUMBER 286422 C6 STATUS Active ORGANIZED IN Oklahoma UNITED STATES REGISTRATION DATE Oct 31, 2022 MAILING ADDRESS 10507 E 91ST ST SUITE 350 TULSA, Oklahoma 74133 UNITED STATES TERM AT-WILL MANAGED BY MEMBER(S) AGENT NAME REGISTERED AGENTS INC AGENT ADDRESS 1001 BISHOP ST STE 2685A HONOLULU, Hawaii 96813 UNITED STATES Annual Filings FILING YEAR DATE RECEIVED STATUS 2024 Nov 14, 2024 Processed 2023 Oct 17, 2023 Processed Officers NAME OFFICE DATE WATTS,GARRETT E MEM Oct 31, 2022 EXHIBIT B 194 Wiwoole St. Hilo, HI 96720 (808) 333-3393 info@landplanninghawaii.com February 24, 2025 Mr. Jeffrey Darrow, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Darrow: Subject: Special Permit Application Applicant: Garrett Watts Agent: Land Planning Hawaii LLC Kaloko Mauka, North Kona, Hawaii TMK: (3) 7-3-025:003 (por.)______ Transmitted here within for your review and processing is an application requesting a Special Permit to operate a small orthopedic clinic on the subject property. The property is located at the northwest corner of the intersection of Kaloko Drive and Hao Street, approximately 1.8 miles west of Hawaii Belt Road in the Kaloko Mauka area of North Kona, Hawaii. This electronic transmittal includes: a) the completed application form with the background/environmental report, which includes the location map and proposed site plan; b) a letter of authorization allowing our office to file the application on the applicant’s behalf; and c) a list of surrounding property owners within five hundred (500) feet of the subject parcel. Further a payment of $500.00 for the County filing fee will be paid via electronic check. We trust that everything is in order for your acceptance and processing of this application. If not, or if there are questions relating to this matter, please feel free to direct them to me. Thank you very much. Sincerely, John Pipan Planning Administrator SPECIAL PERMIT APPLICATION COUNTY OF HAWAIʻI PLANNING COMMISSION (Type or legibly print the requested information) APPLICANT(S): APPLICANT’S SIGNATURE: DATE: ADDRESS: LIST APPLICANT’S INTEREST (if not owner): PHONE: (Bus.) (Res.) (Email) REQUEST: TAX MAP KEY: ZONING: SIZE OF PROPERTY / AREA OF REQUESTED USE: LANDOWNER(S): FEE SIMPLE LANDOWNER(S) WRITTEN AUTHORIZATION (may be provided by letter with the below statement included): DATE: DATE: Note: The above written authorization of the landowner(s) gives permission for the applicant/petitioner to file the application/ petition and acknowledges that the landowner(s) and their successors are bound by the Special Permit and its conditions. AGENT: AGENT ADDRESS: PHONE: (Bus.) (Res.) (Email) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: COPIES: Zoho Sign Document ID: 2A6681DB-1G8XTME3R2UR_8HWDK92_HGQEUIPO3XOINRCWPONZBC Garrett Watts 10507 E 91st St, Ste 350, Tulsa, OK 74133 Member gwatts993@me.com To operate an orthopedic clinic on a portion of the property (3) 7-3-025:003 A-20a 21.272 acres 0.7 acres Watts Farms LLC Land Planning Hawaii - John Pipan 194 Wiwoole St, Hilo, HI 96720 808-333-3393 info@landplanninghawaii.com Agent Applicant Gfc2131362627QTU ):2 751.5111 Gfc2131362627 QTU 1 COUNTY BACKGROUND & ENVIRONMENTAL REPORT COUNTY SPECIAL PERMIT REQUEST WATTS FARMS LLC KALOKO MAUKA, NORTH KONA, HAWAI‘I TMK: (3) 7-3-025:003 (por.) 2 Table of Contents I. INTRODUCTION ............................................................................................................ 4 II. PROJECT DESCRIPTION .............................................................................................. 4 3A. Project Concept and Components ............................................................................. 4 3B. Subject Property Description .................................................................................... 7 3C. Institutional Considerations..................................................................................... 12 State Land Use ........................................................................................................ 12 Special Management Area ...................................................................................... 14 County Zoning and General Plan ............................................................................ 14 General Plan Discussion ......................................................................................... 14 Kona Community Development Plan ..................................................................... 15 3D. Surrounding Zoning and Land Uses........................................................................ 17 3E. Flood Insurance Rate Map ...................................................................................... 17 3F. Archaeological Resources ....................................................................................... 17 3G. Valued Cultural Resources ...................................................................................... 19 3H. Flora and Fauna Resources ..................................................................................... 19 3I. Public Access .......................................................................................................... 20 3J. Description of Access.............................................................................................. 20 3K. Traffic Impacts ........................................................................................................ 20 3L. Availability of Utilities............................................................................................ 21 III. REGULATORY ANALYSIS ........................................................................................ 21 4A. Coastal Zone Management ...................................................................................... 21 3B. Impacts to Surrounding Properties .......................................................................... 21 4C. Impacts to Public Agencies ..................................................................................... 22 4D. Unusual Conditions ................................................................................................. 22 4E. Land Suitability for Permitted Use.......................................................................... 22 4F. Land Character and Present Use ............................................................................. 22 4G. Relationship to General Plan ................................................................................... 23 4H. Unusual and Reasonable Use .................................................................................. 23 3 Figures Figure 1 – Location Map: ......................................................5 Figure 2 – Conceptual Site/Floor Plan ...................................6 Figure 3 – Zoning Map ..........................................................8 Figure 4 – LUPAG Map ........................................................9 Figure 5 – Land Study Bureau Map .......................................10 Figure 6 – ALISH Map ..........................................................11 Figure 7 – State Land Use Designation Map .........................13 Figure 8 – Flood Hazard Assessment Map ............................18 Exhibit A – Forest Dedication Exhibit B – Forest Management Plan 4 I. INTRODUCTION Dr. Garrett Watts (“applicant”) is requesting a Special Permit to operate a small orthopedic clinic on the subject agriculturally zoned property. The property is located at 73-1899 Kaloko Drive, at the northwest corner of the intersection of Kaloko Drive and Hao Street, approximately 1.8 miles west of Hawaii Belt Road in the Kaloko Mauka area of North Kona, Hawaii (Figure 1). It consists of 21.272-acres of land, is primarily vegetated with forest and currently does not contain any structures. The applicant is an orthopedic surgeon who has had his own medical practice on the mainland for over 30 years. He purchased the subject property several years ago and would like to build his home and a new orthopedic practice on it. As the subject property is located within the Agricultural State land use district, a Special Permit is needed prior to proceeding with constructing and operating the clinic. The applicant proposes for the clinic to serve relatively healthy, ambulatory patients who have conditions of the hand and arm, such as arthritis, tendinitis, cysts and neuropathies like carpal tunnel syndrome. Minor procedures, such as small volume cortisone injections and post-op dressing changes will also be performed at the clinic, but acute injuries will not be treated on site and any outpatient surgeries would be performed at the Aliʻi Ambulatory Surgery Center in Kona. As the property contains a significant amount of native forest vegetation, shortly after purchasing the property the applicant commissioned a forest management plan and dedicated 17.872-acres (approximately 84%) of the property as native forest land (Exhibit A). He has since also purchased the adjacent 5-acre parcel to the north which he has dedicated entirely for native forest preservation. The proposed special permit area will be contained to a 0.7-acre portion of the property and will not affect the dedicated native forest area. The dedicated land will continue to be maintained with no intention to harvest any of the native tree species or understory species. II. PROJECT DESCRIPTION 3A. Project Concept and Components The applicant respectfully requests a Special Permit to construct and operate an orthopedic clinic on an approximately 0.7-acre portion of the subject 21.272-acre agriculturally zoned property. The applicant proposes the following elements as part of the Special Permit (conceptual site plan and floor plan attached as Figure 2): 1. The Special Permit area will encompass an approximately 0.7-acre portion of the property. 2. The proposed clinic will be approximately 1,000 square feet in area and will operate between 8 a.m. and 1 p.m. on Mondays, Wednesday, Fridays and occasionally Saturdays. SUBJECT PARCEL FIGURE 1 Approximate perimeterof existing grubbed area clear additional area aroundmajor Ohia tree for view andsunlight on the building clear additional area aroundroad and major Hapu fern preserve exitingOhia grovekeep road away from existing major Ohia keep clinic away fromexisting major Ohia clear additional area aroundseptic and roadway keep construction away from existing major Ohia dripline no ohia in this areaexisting Ohia tree clump compacted gravel path 4' wide overhead line ALTERNATE METER LOCATION #2 TM K 7 - 3 - 0 2 5 : 0 0 3 Ka l o k o M a u k a S u b d i v i s i o n Ka i l u a K o n a , I s l a n d o f H a w a i ' i 30' s e t b a c k o n K a l o k o D r i v e 30' s e t b a c k o n H a o S t r e e t T M K 7 - 3 - 0 2 5 : 0 0 3 20' s i d e y a r d s e t b a c k s SC A L E 1 " = 3 0 0 ' - 0 " 18 3 ° 0 0 ' 6 4 5 . 9 0 3 1 5 ° 1 0 ' 1 9 6 3 . 6 4 3°0 0 ' 4 4 5 . 9 7 KA L O K O D R I V E H A O S T R E E T TR U E N O R T H 13 5 ° 1 0 ' 1 6 7 4 . 7 6 114° 0 5 ' 1 2 2 . 3 1 R = 1 7 0 . 0 0 93°0 0 ' 5 0 . 0 0 48°0 0 ' 7 0 . 7 1 R = 5 0 . 0 Clinic Home SC A L E 1 " = 3 0 ' - 0 " TR U E N O R T H KA L O K O D R I V E EXIST. HELCO POLE P.B. E X I S T I N G W A T E R M A I N PROPOSED NEW WATER LINE UNDER STREET & METER PER WATER DEPARTMENT ENGINEERING PLANS First Phase Second Phase METER LOCATION #1 power to house from entry meter power back from house solar water to house water to clinic AR # 5368EXPIRES 4/30/26 DRAWN CHECKED DATE JOB NO SHEET TC THIS WORK WASPREPARED BY ME OR UNDER MY SUPERVISIONAND CONSTRUCTION OFTHIS PROJECT WILL BEUNDER MY OBSERVATION. TC 10.07.24 REVISIONS BY A01.0 VICINITY MAP & SITE PLAN Pr o p o s e d C l i n i c & R e s i d e n c e f o r L a n d o w n e r : Wa t t s F a r m s , L L C Terrance J. Cisco Architect, LLC 2023 c 18.03.18 Home Clinic 21 . 2 7 2 a c r e s Home AG Greenhouse 300 sq.ft. EXHIBIT #1 SPECIAL PERMIT APPLICATION fro m r o a d w a y 96'-0 " .7 acres Clinic 800 - 1000 sq.ft. Covered Parking & Entry Lanai 815 sq.ft. De d i c a t e d F o r e s t B u f f e r Dedicated Forest Buffer Dedicated Forest Buffer Approximate location of Special Use Permit Area (needs to be staked and surveyed) Septic System (2) covered parking stalls (1) parking stallOhia Hapu Ohia H A O S T R E E T Septic System Dedicated Forest Buffer va n a c c e s i b l e pr i v a c y v i e w fr o m e x a m r o o m s view to en t r y on arrival wat e r po w e r vie w t o c l e a r e d lan d s c a p e a r e a on a r r i v a l 10' 10 ' PHOTO #1 PHO T O # 2 FIGURE 2 7 3. The clinic will serve a maximum of 10 patients per day. 4. Wastewater: Wastewater will be handled via a new Department of Health approved Individual Wastewater System with sufficient capacity to support the project. 5. Water: County water is available to the property. If necessary, the applicant will submit estimated water usage calculations to the Department of Water Supply and secure the necessary water commitments to support the project. 6. Parking: 3 designated on-site parking spaces are proposed for clinic use. 7. Access: Access will be via Hao Street, a County owned and maintained roadway with 20-foot pavement width and 60-foot right-of-way. Patients will utilize a paved driveway to cross the property and reach the guest parking stalls. 8. The applicant will continue to maintain 17.872-acres of forest land on the property in accordance with a forest management plan (Exhibit B). It is noted that the site plan includes the location of the proposed clinic, as well as the location of the applicant’s proposed future dwelling. The proposed dwelling is included for informational purposes only; it does not require a Special Permit and is therefore not part of the Special Permit request. 3B. Subject Property Description The subject site, identified as TMK (3) 7-3-025:003, consists of 21.272 acres of land and is zoned Agricultural 20-acres (A-20a) (Figure 3). The parcel is located at 73-1899 Kaloko Drive, just northwest of the intersection of Kaloko Drive and Hao Street, approximately 1.8 miles west Hawaii Belt Road in the Kaloko Mauka area of North Kona, Hawaii. Access to the parcel is from Hao Street. This area of the North Kona District is considered Lava Zone 4, on a scale ranging from 9 to 1 (least hazardous to most). The site is located approximately 5.5 miles from the coastline and is not in a Conservation District or Special Management Area. The General Plan’s Land Use Pattern Allocation Guide (LUPAG) designates this land as Important Agricultural Land (Figure 4) and the Land Study Bureau classifies the soils for this property as “E”, or “very poor” (Figure 5). Under the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system, the subject site is classified as “other” (Figure 6). The U.S. Department of Agricultural Natural Resource Conservation Service (NRCS) has designated the soil type for the property as Puna and Haplic Udarents soils with with 10 to 20 percent slopes. The soil type is derived from organic material over aa lava. The soil is considered well drained with a very low runoff class. It is not considered prime farmland. ArcGIS Web Map Esri Community Maps Contributors, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Hawaii County Zoning (road) A-10a A-20a A-3a A-5a A-7a FA-3a Parcels (current boundary lines) Address Points Street Centerlines Hawaii County District Boundary 2/5/2025, 9:37:32 AM 0 0.1 0.20.05 mi 0 0.2 0.40.1 km 1:9,028 Web AppBuilder for ArcGIS The contents of this map were prepared for informational and planning purposes only and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. SUBJECT PARCEL FIGURE 3 ArcGIS Web Map Esri Community Maps Contributors, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Land Use Pattern Allocation Guide (LUPAG) Conservation Important Ag. Lands Parcels (current boundary lines) Address Points Street Centerlines Hawaii County District Boundary 2/5/2025, 9:40:49 AM 0 0.1 0.20.05 mi 0 0.2 0.40.1 km 1:9,028 Web AppBuilder for ArcGIS The contents of this map were prepared for informational and planning purposes only and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. SUBJECT PARCEL FIGURE 4 ArcGIS Web Map Esri Community Maps Contributors, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Land Study Bureau Soil Type (LSB) E Parcels (current boundary lines) Address Points Street Centerlines Hawaii County District Boundary 2/5/2025, 9:41:15 AM 0 0.1 0.20.05 mi 0 0.2 0.40.1 km 1:9,028 Web AppBuilder for ArcGIS The contents of this map were prepared for informational and planning purposes only and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. SUBJECT PARCEL FIGURE 5 ArcGIS Web Map Esri Community Maps Contributors, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Agricultural Lands of Importance to the State of Hawaii (ALISH) 3 Parcels (current boundary lines) Address Points Street Centerlines Hawaii County District Boundary 2/5/2025, 9:41:38 AM 0 0.1 0.20.05 mi 0 0.2 0.40.1 km 1:9,028 Web AppBuilder for ArcGIS The contents of this map were prepared for informational and planning purposes only and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. SUBJECT PARCEL FIGURE 6 12 The property is located at an elevation of approximately 2,890’ to 3,000’ feet above sea level and is a high-level groundwater recharge area. Approximately 84 % of the property contains dedicated native forest land including Metrosideros polymorpha (ʻohiʻa), Cibotium glauca (hapuʻu), and Acacia koa (koa), as well as several non-native and invasive species which the applicant has invested significantly in eradicating. A full list of vegetation found on the property is contained in the Forest Management Plan (Exhibit B). The forest also serves as habitat for several native faunal species, such as Hemingnathus virens (ʻAmakihi), Gimatione ganguinea (ʻApapane), Bueo solaris (Iʻo), and Vanessa tameamea (Kamehameha butterfly). Other non-native and common faunal species identified in the forest management plan include Sus scrofa (pig), Rattus rattus, (rat), Lophura leucomelanos (kalij pheasant), Zosterops japonicas (Japanese white-eye), Leithrix lutea (red-bill leothrix) and Amazona virdigenalis (red-crowned amazon parrot). The applicant intends to continue to maintain the dedicated forest land on the property in conjunction with the forest management plan with no intention to harvest any of the native tree species or understory species. The property does not currently contain any structures. The proposed new clinic will be outside of the dedicated forest area and the siting of the structures has been thoughtfully planned out to avoid removal of any large ʻOhia trees. 3C. Institutional Considerations State Land Use The subject site is designated State Land Use Agricultural (Figure 7), and the Special Permit area consists of an approximately 0.7-acre portion of the parcel. As such, no State Land Use Commission action is required. The County of Hawai‘i can process the Special Permit request. As mentioned above, based on the Land Study Bureau Overall Master Productivity Rating, the subject property is classified as “E” (very poor) (Figure 5). Under the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system, the subject site is classified as “other” (Figure 6). Granting of this request would promote the effectiveness and objectives of Chapter 205, Hawaii Revised Statutes, as amended. In the case of the Agricultural District, the State Land Use Law is intended to preserve or keep lands of high agricultural potential in agricultural use. However, in recognizing that lands within Agricultural districts might not all be best suited for agricultural activities and yet classified as such, and in recognition that certain types of uses might not be strictly agricultural in nature, yet reasonable in such districts, Hawai‘i Revised Statutes §205-6 allows County Planning Commissions to permit certain unusual and reasonable uses within the Agricultural and Rural districts other than those for which the district is classified. In this case, although the soils on the property are ArcGIS Web Map Esri Community Maps Contributors, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, State Land Use Classifications (SLU) Agricultural Conservation Parcels (current boundary lines) Address Points Street Centerlines Hawaii County District Boundary 2/5/2025, 9:42:14 AM 0 0.1 0.20.05 mi 0 0.2 0.40.1 km 1:9,028 Web AppBuilder for ArcGIS The contents of this map were prepared for informational and planning purposes only and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. SUBJECT PARCEL FIGURE 7 14 not well suited for intensive agricultural uses, the property’s forest cover has significant value in its ability to preserve upland watersheds. The proposed clinic will be located on a small area of the property which has not been dedicated as forest land and will not impact the ongoing native forest and habitat conservation efforts on the property. Therefore, the proposed Special Permit use will not adversely affect the preservation and agricultural use of the property and is not contrary to the objectives sought to be accomplished by the State Land Use Law and Regulations. Special Management Area The subject property is approximately 5.5 miles inland from the coast and is outside of the Special Management Area. County Zoning and General Plan The subject property is zoned A-20a (Figure 3). The County General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the parcel as Important Agricultural Land (Figure 4). Relative to these designations, the General Plan allows consideration for a “Special Permit” on agricultural land where the requested use meets certain criteria as outlined in Section 4 of the permit application and Chapter 205 of the Hawai‘i Revised Statues as amended. General Plan Discussion The General Plan provides for the long-range comprehensive development of the island of Hawai‘i. It provides direction for balanced growth in the County. As noted above, the subject parcel is designated as Important Agricultural Land on the General Plan’s LUPAG map. This designation is intended for lands with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. In this case, although the property is designated as Important Agricultural Land, the soils on the property are not well suited for intensive agricultural uses and the property’s forest cover has significant value in its ability to preserve upland watersheds. Thus, preservation of the native forest is more appropriate than replacing the forest with other intensive agricultural uses. The requested Special Permit to operate a small clinic on the property will not interfere with the ongoing forest and habitat preservation efforts and is consistent the following specific goals and policies of the General Plan document: Economic Elements: • Provide residents with opportunities to improve their quality of life through economic development that enhances the County’s natural and social environments. 15 • Economic development and improvement shall be in balance with the physical, social, and cultural environments of the island of Hawai‘i. • Strive for diversity and stability in the economic system. • Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County’s cultural, natural and social environment. • Strive for an economic climate that provides its residents an opportunity for choice of occupation. • Strive for diversification of the economy by strengthening existing industries and attracting new endeavors. • Encourage the development of a visitor industry that is in harmony with the social, physical, and economic goals of the residents of the County. • Support all levels of education, employment and training opportunities and institutions Public Facilities – Health and Sanitation Elements • Encourage the development of new health care facilities or the improvement of existing health care facilities to serve the needs of Hamakua, North and South Kohala, and North and South Kona • Encourage the establishment or expansion of community health centers and rural health clinics. Land Use Elements: • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. • Encourage other compatible economic uses that complement existing agricultural and pastoral activities. Discussion: Approval of the requested Special Permit would be in line with the aforementioned economic, public facilities and land use goals and policies of the General Plan by allowing an opportunity for the applicant to establish a small orthopedic clinic on an otherwise unused portion of his property and provide needed medical care to the community. The proposed clinic will offer additional access to specialty medical care and will not detract from the ongoing forest maintenance activities on the property. Kona Community Development Plan The Kona Community Development Plan (KCDP) attempts to further define the General Plan and serve as a guide for decision-makers. The KCDP designates the subject parcel as outside of the Kona Urban Area. The proposed 16 Special Permit request is in alignment with the following elements of the KCDP: Environmental Resources With regard to the Environmental Resources section of the KCPD, Strategy 1, Managing our Impacts, states: The reasons to minimize human impacts on natural resources are many, while many are yet to be known. Ecosystem services upon which our survival depends (e.g., clean drinking water) must be maintained. This concept was honored by Hawaiʻi’s earliest inhabitants, most clearly in the “mountain to sea” ahupuaʻa model of land use. This awareness and the larger reality of the intrinsic value and interconnectedness of all natural systems should be expanded upon and protected through education and intelligent land use policy. The Kona CDP’s Land Use Policies are intended to limit both urban and rural sprawl and also serves to provide direct benefits toward managing our resources. The subject property is located within the Kaloko Mauka Subdivision. This area is primarily vegetated with mature native forest. In addition to containing essential habitat for endangered forest birds, the forest in this area also plays an important role in the area’s watershed. The applicant has dedicated over 17 acres of the property as forest land and continues to actively manage the forest through his efforts to actively eradicate invasive species. The proposed clinic will be constructed on a portion of the property which has not been dedicated as forest land in order to continue to preserve the dedicated native forest. The proposed siting of the structures has been mindful of the existing vegetation and been designed to avoid removal of any ʻOhia trees. Public Facilities Per section 4.6.3, the KCDP seeks to create a community where the public infrastructure and facilities are sustainably built and maintained with innovation and pride, promote sense of community, and support a quality of life where visitors and residents feel safe, healthy, and inspired. As the proposed clinic would provide additional specialty orthopedic care options to the community, the request is in alignment with this goal. Economic Development The proposed clinic also aligns with the goals and objectives of the Economic section of the KCPD, which encourages the development of health-related endeavors where Kona adds its own stamp to the island’s reputation as the healing island (Section 4.8.2) and seek to optimize the potential of certain public facilities and policies to stimulate ancillary economic growth that is desirable because they are environmentally clean, diversify the economy (i.e., 17 not visitor-dependent), pay decent wages, and demand skills and intellect that challenge Kona’s existing and upcoming workforce (Objective ECON-1). 3D. Surrounding Zoning and Land Uses The subject property is part of the Kaloko Mauka Subdivision. This area contains a mixture of residential, agricultural and native forest land. The subject parcel is zoned A-20a (Figure 3). Parcels to the east and south are primarily zoned A-20a and A-10a. Parcels to the west and immediately north are zoned A-5a. Further to the north is a large State-owned, A-20a zoned Conservation area which contains the Honuaʻula Forest Reserve. Parcels below the subject property generally range in size from approximately 3 to 6 acres with larger 10-25-acre A-10a and A-20a zoned parcels above. The subject special permit request would remain in keeping with the surrounding uses in the area as the majority of the parcel would remain dedicated forest land. The applicant is proposing to utilize only a 0.7-acre portion of the parcel which is outside the dedicated forest area for clinic use and the surrounding forest will provide ample visual buffer from adjoining properties. Additionally, the applicant also owns the adjacent parcel to the north which he intends to keep as dedicated native forest land. Furthermore, the applicant is proposing to operate the clinic only 3-4 days per week and see a maximum of 10 patients per day. Impacts to surrounding properties from such a small number of patients would be minimal. 3E. Flood Insurance Rate Map The Federal Emergency Management Agency’s Flood Insurance Rate Map (FIRM) designates the subject property to be in Flood Zone X (areas outside of the 500-year flood) (Figure 8). 3F. Archaeological Resources No archaeological survey of the site was conducted as part of this application. The property is located within the boundaries of a pre-contact age upland agricultural system known as the Kona Field System. The area was the subject of a reconnaissance survey and test excavations in 1970 and 1971 by Huʻehuʻe Ranch, the developers of the Kaloko Mauka Subdivision. The applicant is not aware of any archaeological or historic resources on the subject property. Additionally, archaeological studies have been conducted on several nearby properties with no significant findings. If needed, an archaeological monitoring plan can be prepared and implemented in conjunction with the proposed land clearing activity. Furthermore, 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 Department of Land and Natural Resources and secure their clearances before proceeding further. ArcGIS Web Map Esri Community Maps Contributors, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, National Flood Hazard Layer Flood Zones D X Parcels (current boundary lines) Address Points Street Centerlines Hawaii County District Boundary 2/5/2025, 9:43:27 AM 0 0.1 0.20.05 mi 0 0.2 0.40.1 km 1:9,028 Web AppBuilder for ArcGIS The contents of this map were prepared for informational and planning purposes only and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. SUBJECT PARCEL FIGURE 8 19 3G. Valued Cultural Resources In view of Hawai‘i State Supreme Court’s “PASH” and “Ka Pa‘akai O Ka‘Aina” decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion of the cultural, historical and natural resources and associated traditional and customary practices of this site. No archeological, historical or cultural resources are known to be located on the property. It is not known whether the subject site or immediate surrounding area was ever used for traditional and customary rights by native Hawaiians. The applicant has not witnessed any such use and thus does not believe that the property serves such a purpose today and/or in recent past. However, in the event documented claims of gathering or access are made of this site the applicant will honor them. Additionally, public access to the Makāula-ʻOʻoma Trail, a popular birding trail in the nearby Honuaʻula Forest Reserve, is located at the end of Makahi Street, over 3,500 feet from the project area. As the property is not near the shoreline, the proposed project will have no effect on any shoreline access. Based on the above, it does not appear that the project would have any potential adverse impact relating to the cultural and historical resources of the area. 3H. Flora and Fauna Resources The property is located at an elevation of approximately 2,890’ to 3,000’ feet above sea level and is a high-level groundwater recharge area. Approximately 85 % of the property contains dedicated native forest land including Metrosideros polymorpha (ʻohiʻa), Cibotium glauca (hapuʻu), and Acacia koa (koa), as well as several non-native and invasive species including Desmodium incanum (creeping beggarweed), Psidium cattleyanum (Strawberry Guava) and Hedychium gardnerianum (ginger). A full list of vegetation found on the property is contained in the Forest Management Plan (Exhibit B). In accordance with the Forest Management Plan, the applicant has invested significantly in eradicating the invasive species. He has hired a landscape expert and his crew to visit the property and clear invasives every 3-4 months and a separate crew maintains the property’s frontage along Hao Street and Kaloko Drive every 3 weeks. Rapid ʻŌhiʻa Death (ROD) is a fungal pathogen that has infected and killed may ʻōhiʻa trees throughout the island. To prevent the spread of ROD, mitigation measures will be put in place. This includes, but is not limited to, thorough cleaning of all equipment and personnel including shoes and clothing with 70% alocohol before accessing and leaving the site. The forest also serves as habitat for several native faunal species, such as Hemingnathus virens (ʻAmakihi), Gimatione ganguinea (ʻApapane), Bueo solaris (Iʻo), and Vanessa tameamea (Kamehameha butterfly). Other non-native and common faunal species identified in the forest management plan include Sus scrofa (pig), Rattus rattus, (rat), Lophura leucomelanos (kalij pheasant), Zosterops japonicas (Japanese white-eye), Leithrix lutea (red-bill leothrix) and Amazona virdigenalis (red-crowned amazon parrot). 20 None of the floral or faunal species identified on the property in the Forest Management Plan are threatened or endangered. However, it is possible that the Hawaiian Hoary Bat, orʻOpeʻapeʻa, and the Hawaiian Hawk, or ʻIo could potentially occur in the vicinity of the project area. Hoary Bats may be sensitive to disturbance between June 1st and September 15th, throughout which time no shrubs or trees taller than 15 feet may be disturbed, removed or trimmed without consulting the DLNR Division of Forestry and Wildlife (DOFAW). Additionally, if any tree cutting occurs between March and September, DOFAW must also be consulted first and a pre-construction hawk nest search by a qualified orthithologist using standard methods must be conducted. If nests are found, no land clearing is permisslbe until October. Additionally, the proposed new clinic will be outside of the dedicated forest area and the dedicated forest area habitat will continue to be maintained. Furthermore, the siting of the structures has been thoughtfully planned out to minimize the amount of land clearing needed and to avoid any large ʻOhia trees. Thus, it is unlikely that this project would cause any adverse floral or faunal impacts. 3I. Public Access The subject parcel is located approximately 5.5 miles from the nearest coastline and does not contain any public access to mauka lands. Public access to the Makāula- ʻOʻoma Trail, a popular birding trail through the nearby Honuaʻula Forest Reserve, is located at the end of Makahi Street, over 3,500 feet from the project area. As such, no public shoreline or mountain access will be affected by this request. 3J. Description of Access The parcel is located at 73-1899 Kaloko Drive, just northwest of the intersection of Kaloko Drive and Hao Street, approximately 1.8 miles east of Hawaii Belt Road in the Kaloko Mauka area of North Kona, Hawaii. Access to the parcel will be from Hao Street, a County owned and maintained paved roadway with 60 feet of right-of-way and 20 feet of pavement width. Both Hao Street and Kaloko Drive are County owned and maintained paved roadways. The entrance to the property will be gated. Upon entering the property, patients will access the clinic via an approximately 350-foot long driveway. Paved parking on the property, including an ADA parking stall, can accommodate up to 3 vehicles. 3K. Traffic Impacts Traffic in the area is generally low. Properties in the surrounding area are large agricultural lots, primarily ranging in size from approximately 5-acres to 20+ acres. Traffic generated from the proposed clinic would be limited to a maximum of up to 10 patients up to four (4) days per week. Patients would be seen one at a time so these visits would be spread throughout the morning and early afternoon. As the clinic will close by 21 1:00 p.m., no impact to p.m. peak hour traffic is anticipated. This constitutes only a very minimal increase in traffic and thus traffic impacts from the proposed use would be negligible. Additionally, it is noted that a new traffic signal is anticipated to be installed at the intersection of Mamalahoa Highway and Kaloko Drive which will improve traffic conditions at that intersection. 3L. Availability of Utilities Water Water can be made available from the County Department of Water Supply to support the proposed request. The applicant will comply with all requirements of the Department of Water Supply while connecting to their service. Wastwater Wastewater will be disposed of via a Department of Health approved individual wastewater system. Other Utilities All other necessary utilities are available to the site and the clinic will connect to HELCO power. Solid waste will be collected and disposed of via commercial haulers. III. REGULATORY ANALYSIS 4A. Coastal Zone Management The proposed use is not contrary to Chapter 205A, Coastal Zone Management as the subject parcel is approximately 5.5 miles from the shoreline. There are no public access, scenic or open space resources on the subject site. 3B. Impacts to Surrounding Properties The proposal to operate a small orthopedic clinic on the subject property will not have a significant adverse impact on the surrounding properties. The main source of sound generated by the proposed use would form vehicular traffic. This would be limited to the clinic’s hours of operation (Monday, Wednesday, Friday & Saturday from 8:00 a.m. to 1:00 p.m) and would be on par with residential sound levels. As mentioned above, the clinic would see a maximum of 10 patients per day, thus resulting in a negligible increase in traffic. All patients will park on-site and the dedicated forest land on the property would provide a natural visual buffer from nearby parcels. Thus, the proposed project should not have any visual impact on surrounding properties. 22 4C. Impacts to Public Agencies The proposed project will not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage, school improvements, and police and fire protection. The subject site is already accessible from Hao Street via Kaloko Drive and no additional utilities will need to be provided by public agencies. The Kilauea Fire Station and Police Station are both approximately 5 miles from the subject site. 4D. Unusual Conditions In recognizing that lands within agricultural districts might not be best suited for agricultural activities and yet classified as such, and in recognition that certain types of uses might not be strictly agricultural in nature, yet reasonable in such districts, Hawai‘i Revised Statutes §205-6 allows County Planning Commissions to permit certain unusual and reasonable uses within the Agricultural and Rural districts other than those for which the district is classified. Specialty health care services are often in short supply and difficult to receive in rural areas as such as Kaloko, and even on the Big Island as a whole, with many Big Island residents having to commute to Oahu or be put on waiting lists to receive the specialty care needed. The additional orthopedic services proposed by the applicant will bring additional valuable and needed orthopedic services to our community. Although the subject property is in the Agricultural district, the Land Study Bureau classifies the soils for this property as “E”, or “very poor”, the lowest productivity class. Additionally, the property is primarily vegetated in native forest which provides important habitat for a variety of native and endemic species while benefitting the watershed. For these reasons, approximately 85% of the property has been dedicated as forest land to ensure that the native forest is maintained. The proposed Special Permit request seeks to utilize an approximately 0.7-acre portion of the parcel which is not part of the dedicated forest land for the proposed clinic. 4E. Land Suitability for Permitted Use As mentioned above, according to the Land Study Bureau Overall Master Productivity Rating, the subject property is classified as “E” (very poor), the lowest productivity class. Approximately 85% of the property is dedicated as forest land, playing an important role in the Kona watershed and providing an appropriate habitat for native flora and fauna. The remaining 15% of the parcel is not well suited for agriculture. 4F. Land Character and Present Use The proposed use will not substantially alter or change the essential character or use of the land. The proposed use will be contained to a 0.7-acre portion of the parcel within an area that has not been dedicated as forest land. The development has been thoughtfully designed to minimize the amount of ground disturbance needed and to avoid any ʻOhia 23 trees. Additionally, the proposed use will not create any significant visual or sound impacts and the existing forest on the property will provide a visual buffer from surrounding properties. Thus, the proposed clinic will not disturb the current character and use of the land as native forest and habitat and will not be detrimental to the essential character of the land or surrounding area. 4G. Relationship to General Plan The proposed use will not be contrary to the goals, policies, and standards of the General Plan or the Kona Community Development Plan. As discussed in Section 3C, the proposed use conforms to the General Plan’s economic, public facilities and land use goals and policies. Further, the project will provide the applicant an opportunity to realize his entrepreneurial goal of moving his orthopedic practice to the Big Island. 4H. Unusual and Reasonable Use The proposed use is an unusual and reasonable use of the land which would not be contrary to the objectives sought by Land Use Law and Regulations, which, for the Agricultural District, seek to preserve or keep the land of high agriculture potential in agriculture usage. Lands in the Agricultural District include areas with a high capacity or potential for agricultural uses but also lands which are surrounded by or contiguous to agricultural lands and which are not suited to agricultural uses by reason of topography, soils or other related characteristics. Greater access to specialty medical services is much needed on the Big Island. The land on which the proposed clinic would be located is not well suited for agricultural use as it is classified by the Land Study Bureau as “very poor”. Thus, the landowner has more appropriately dedicated approximately 85% of the property as native forest land and he now wishes to pursue developing his proposed orthopedic clinic on a 0.7-acre portion of the parcel which has not been dedicated as forest. Approval of this Special Permit request will allow the landowner to move his orthopedic practice to the Big Island and share his medical expertise with our community. It will also afford him the opportunity to live and work on his parcel so that he can more readily continue to maintain the forest. Therefore, the proposed Special Permit use, while unusual, is reasonable on this property and will not adversely impact the agricultural land inventory in the County of Hawai‘i nor will it be contrary to the intent and purpose of the State Land Use Law. EXHIBIT A Forest Management Plan for Garrett Watts 73-1899 Kaloko Drive, Kailua Kona, HI 96740 gwatts993@att.net 918-640-4000 by Jill Wagner Future Forests Nursery, LLC PO Box 847, Kailua Kona, HI 96745 trees@forestnursery.com 808‐325‐2377 July 31, 2017 TMK: 3-7-3-25-3 Agricultural Land: Kaloko mauka Subd., North Kona, Island of Hawaii Area: 20 Acres Elevation: Slope: 10-20% EXHIBIT B I. Introduction This forest plan is prepared for the purpose of designating the Watts property as a native Hawaiian forest for a period of 20 years, which is Chapter 10, Article 8, Section 29-59 of the Hawaii County code. The owner, Garrett Watts intends to build a house and develop fruit orchards on approximately 3.4 acres. The rest of the property 16.6 acres will remain in native Hawaiian wet ohia forest. In seeking participation in the forest dedication classification the landowner will commit all of the land, except the building footprints and orchards, to native forest and will follow the management practices outlined in this plan. The dedicated land will be maintained and there is no intention to harvest any of the native tree species or understory species in the future. The vision and long term goal for the property is to preserve and restore a Hawaiian forest in the wet forest at 2,900’ elevation in Kaloko mauka. The property was purchased with the intention of preserving the forest and endemic species, rather than cutting down the forest for a large house site or large agricultural project which would TMK: 3-7-3-25-3 require significant clearing. There will be a small house site in a couple of years. The beauty of this forest is that there are some large Metrosideros polymorpha- ohia trees, as well as nice stands of Cibotium glauca- hapu’u and understory species. This site does not appear to have been logged in the past. The property is located in the heart of the wet forest in Kaloko mauka between 2,890’ and 3,000’ elevation. It is 21 acres of unbuilt land consisting of ohia forest. The understory is degraded due to non-native species that are invasive. The site also has pig damage and has a trail through the middle of it that is used by the community to walk to the O’oma State Forest which is nearby. The property is in need of management and replanting in order to diversify the forest, provide healthy habitat for birds, and eradicate non-native plants and animals. The forest could be over 900 years old based on the ohia diameter measurements. I measured two ohia trees; one measured 72” at breast height and the other was 79” at breast height. The understory is sparse, especially along the trail that has been used by the public. Unfortunately the trail goes through the middle of the property so the weeds are growing throughout the property and changing the structure of the forest. People and animals bring in weeds on their shoes, clothes and fur. Pigs are also disturbing the understory and killing the hapu’u trees to eat the core. Hapu’u core eaten by pigs. Desmodium and other weeds along the trail. II. Land and Resource Description The existing overstory is composed primarily of Metrosideros polymorpha- ohia. There are some very large non-native species growing in the forest. Those will be eradicated. They are; Grevillea robusta, Silver oak, Schinus terebinthifolius, Christmas berry, Psidium cattleyanum, Strawberry guava. There are also non-native vines that are smothering the native trees and plants. The ferns and understory are very degraded due to the huge pig damage. After the property is fenced the ground dwelling ferns and peperomia’s will begin to revive. It takes time for the ferns to regrow. This is a very diverse forest. I found 17 natives species on site visits but not all of the property was easy to walk. It is likely that there are other native species that are not on this list. Native Plant Community consists of the following species: Metrosideros polymorpha, ohia Cibotium gluaca, hapu’u Psychotria hawaiiensis, kopiko Coprosma rhynocarpa, pilo Freycinetia arborea, ‘ie’ie vine Myrsine lessertiana, kolea Acacia koa, koa Pittosporum hosmeri, ho’awa Ilex anomala, kawau Alyxia ovalaformis, maile Pipturus albidus, mamaki Sadelaria cyatheoides, amau fern Dicranopteris linearis, uluhe Dodonaea viscosa, a’ali’i Perrottetia sandwicensis, olomea Microlepia strigosa, palapalai The largest a’ali’i I have ever seen.Kolea new leaves are often pink. Olomea veins are dark red and narrow. Mamaki leaves are round and have red veins. Kopiko trees produce round orange berries.Palapalai fern is sacred to Hawaiians. Pilo has fuzzy leaves and oblong orange berries. Ho’awa produces a seed pod that looks like a walnut. There are black seeds inside. This is one of the favorite food plants for the Federally Endangered Alala crow. Non-native species: Desmodium incanum, creeping begarweed Senna occidentalis, septicweed Psidium cattleyanum, Strawberry guava Schinus terebinthifolius, Christmas berry Grevillea robusta, Silver oak Hedychium gardnerianum, ginger Olea europaea, wild olive Persea americana, avocado Coffea arabica, coffee Pluchea carolinensis, Sourbush Kalanchoe pinnata, air plant Clidemia hirta, koster’s curse Passiflora tarminiana, banana polka Pennisetum setaceum, fountain grass *There are more grasses to be included in this list. Strawberry guavaBanana polka Septic weed Sourbush Chinese ground orchids- naturalized in Hawaii Native Fauna Hemignathus virens, ‘Amakihi Himatione ganguinea, ‘Apapane Buteo solaris, I’o *Near--‐threatened Vanessa tameamea, Kamehameha butterfly Non-native fauna Sus scrofa, pig Rattus rattus, black rat Rattus norvegicus, Norway rat Rattus exulans, Polynesian rat Lophura leucomelanos (kalij pheasant), Zosterops japonicas (Japanese white-eye), Leiothrix lutea (red-billed leothrix), Amazona viridigenalis (red-crowned amazon parrot) Soils According to the Natural Resource Conservation Service (NRCS) soil survey of the property, the soils are 111-Puna and Haplic Udarents soils with 10-20% slopes. These are organic soils over a’a lava flows. A’a lava is sharp and rocky and has good percolation. These are well drained soils, therefore run off is unlikely in heavy rain events. The rainfall in this area is 50-80 inches per year (see full report attached). III. Threats Forest Protection In as much as an intact native ohia forest already exits upon the subject forest management area and the owner’s objective is to perpetuate the native forest cover, discussions and management recommendation shall focus on forest protection for the subject property including fire, insects and disease, animal and weed problems. The most serious immediate threats to the forest’s health are pigs and invasive weeds; these warrant aggressive management. Other potential threats include “rapid ohia death” (Ceratocystis fungus) and fire ants. These warrant monitoring and preventive measures. Feral pigs are abundant in Kaloko and do significant damage to the understory of the forest, particularly to tree ferns, ground covers, Clermontia, and other understory species. They root in the soil, over turn tree ferns to eat their starchy core, and debark shrubs and trees. The largest impact of pigs on the property is that although trees flower and seed the seedlings cannot germinate and grow because the pigs eat the young seedlings. Thus the forest does not have signs of natural regeneration. Natural regeneration is one of the most important measures for determining if a forest is healthy. Given the fact that there is no fence, there are no real constraints on the pig population and access to the property. In many areas of the forest trees are being smothered by banana polka (Passiflora tarminiana). There are large thickets of strawberry guava (Psidium cattleyanum) forming throughout the forest, and especially in opened areas such as around and radiating out from the trail. Many trees are being impacted. In addition, strawberry guava is a favorite food for pigs. The large weeds; avocado, christmas berry and silver oak need to be eradicated carefully. Felling them can take out much of the surrounding forest and is a danger to people. The shrubs and vines can be sprayed and effectively eradicated over time. Fire The fire hazard is low due to the absence of accumulated light and medium fuels such as dead grasses and brush. In addition, Kaloko gets 60 inches of rain annually and the soil tends to stay moist. The afternoon mists are common throughout the year, and the forest cover keeps the ground moist. This is also supported by leaf wetness. A few trails will be made for access, fruit orchards and fire-suppression. Maintenance of roads will alleviate potential build up of grasses and the introduction of new weeds/fuels is planned for the property. In the case of a fire the owner will contact the Hawaii County Fire Department immediately, and alert neighbors in the area. Insects and Diseases No evidence of insect or disease problems has been observed. The property owner has been advised that ohia dieback due to drought conditions, and Rapid Ohia Death, can occur in the forest but presently no disease is apparent. Vigilance will be maintained for signs of potential problems such as de-foliation, die-back of branches and crowns, and especially boring evidence on trunks and branches, which is evidenced by holes and wood dust. If any of these indicators are observed, the Service Forester of the State Division of Forestry and Wildlife will be contacted with a request for an inspection and recommended action. There are many wild non-native birds in the area including kalij pheasants, turkey, erckel frankolin, doves, Japanese white-eye, and parrots. These non-native birds are known to spread disease, compete for resources, and spread weed seeds. The owner will not encourage their presence on the property. Coqui frogs are an increasing problem in Kaloko. The landowner is advised to be diligent about trying to manage the coqui problem on the property. He will also carefully inspect nursery plants that are brought to the property for frogs and eggs. Coqui frog eggs are white at first and then turn black. Little Fire Ants (Wasmannia auropunctata) are now a serious problem on Hawaii Island. They are considered one of the most destructive pests worldwide. The ants have been spread by mechanical means to the Kona area. They are tiny and hard to see. The owner is advised to be diligent about inspecting nursery plants for ants and to be conservative about introducing new plants to this very healthy Hawaiian forest. Little fire ants will crawl into trees and cannot hold on if the tree is bumped. The sting is very bad, it causes welts that last for a week or more and cause blindness in animals if they fall on them. If little fire ants come on fruit trees it will be impossible to pick the fruit. Baits such as Amdro can control the ants. The ants like protein such as peanut butter and can be lured with it to determine if they are on plants. The owner is advised to check all new plants with a stick of peanut butter to make sure ants are not being brought to the property. Alien mammals including feral pigs, mongoose, and mice and rats live in and around the forest. These animals represent significant threats to the native ecosystem and its biota. Weeds To support overall forest health, the owner has the list of alien weeds and will try to eradicate them or control them on a consistent basis. He will also be considerate of neighboring properties and the spread of weeds that are on the border areas. Weeds can be sprayed along the roadsides and border areas. They can also be hand pulled to prevent further seeding. Large weeds such as ginger can be treated with the herbicide Escort. Woody weeds; strawberry guava and silk oak can girdled and sprayed with Garlon. Fountain grass has been shown to establish itself at the higher elevations, therefore it is critical to remove all fountain grass patches before they flower and seed. This will reduce any chance of the build up of fuels. It can be hand pulled or sprayed with Roundup. Banana polka vines should be cut and the aerial portions left in place to dry. Lateral sections should be traced to its stump, cut and coiled and hung out of contact with the ground so it won't re-root. Stumps that are not removed from the ground should be treat with Roundup. Silver oak can be either felled and sprayed with Garlon, or girdled and sprayed standing. Dead standing trees loose mass as they defoliate and drop branches when they die. They can be dropped once that process has taken place to reduce damage to the surrounding forest when they fall. Christmas berry should be cut down and sprayed with Garlon. It is a an important species to focus on because it competes for space, water and soil nutrients. All of the weedy species are crowding the native trees and stressing them. Since an intact native forest already exists on the property, it is the owner’s objective to perpetuate the native forest and focus on forest protection and enhancement. (See Site Preparation for more information). IV. Maintenance Objectives The first step for the property is to begin a program of weed control and/or eradication, install fencing and finally out-plant native species including those that support forging native birds. As weeds are managed, native understory plants will be out-planted to restore the forest. The owner also intends to plant small fruit orchards. There will be a strategic weed maintenance plan that begins with the trail area and moves throughout the property in sections. The intention is to plant to increase diversity of the forest with species that occur on Hualalai mountain, in the Kaloko area. We want to especially increase nectaring, and add fruit seed bearing plants for native birds. Fence and Feral Ungulate Control In a year a four foot high hog wire fence (with ground skirting in certain areas, if needed) will be installed around the perimeter of 20 acres. The fence lines will be manually installed to minimize the disturbance to the forest. The fence will be properly anchored or skirted as needed to make the bottom secure. A “pig drive” will be conducted to clear the property of pigs. The fenced area will then be monitored for pig activity and if necessary traps and snares will be employed to rid the area of residual animals. Long- term monitoring will be done on the fence and maintenance as required to address breaks or signs of burrowing. Trail Maintenance The existing trail on the property will be maintained and used by the owner for access. The trail needs planting and will be the first area to be planted after the weed control is completed and minimal maintenance required which will reduce drift kill of native plants by herbicide treatments. THOMAS G. PATTISON February 10th, 2015--Job 16050 wKamuela Hawaii 96743 Phone 327-943968-1125 North Kaniku Drive Unit 9062#66+510.#0&5748';+0)+0% MAP SHOWING EXISTING CONDITIONS UPONLOT NO. 5, of BLOCK 5of "KALOKO MAUKA SUBDIVISION INCREMENT 1" File Plan 994Being a Portion of File Plan 994 at Kaloko, North Kona, County of Hawaii Island of Hawaiiand State of HawaiiTMK No. (3) 7-3-025:003 016'$#5+51(#<+/76*&'4+8'&75+0)51--+#)2546-5;56'/ 016'#..%140'45#4'5'6Æ+4104'$#4570.'5516*'49+5'016'&016'#..#<+/76*5 &+56#0%'5#4'5*190 /#22'&*'4'10+0#%.1%-9+5'&+4'%6+10 Setback Lines are shown from current data, but should be verified by builder.The description on this plat was provided to us by the client, and does notguarantee ownership, and should be compared to your Deed, Abstract orCertificate of Title. All building restrictions, building lines and easements may ormay not be shown, check your Deed, Abstract, Title Report, and localordinances, no responsibility is assumed by Surveyor. Compare all points beforebuilding by same and report any discrepancy at once. Dimensions are shown infeet and decimal parts thereof, nodimension is to be assumed by scaling.     ž        ž   ž      ž  ž         ž       ž  ž 'FI G  Q H  # U R J C N V $7+.&+ 0 )  5 ' 6 $ # % - .+0'    ( ' ' 6 $7+.&+ 0 )  5 ' 6 $ # % - .+0'       ( ' ' 6 $7+. & + 0 )  5 ' 6 $ # % - .+0'        ( ' ' 6 $7+.& + 0 )  5 ' 6 $ # % - .+0'        ( ' ' 6 #E.1601 #EU.1601Á& 4ž žžžž4ž76+.+6;21.' 76+.+6;21.' 76+.+6;21.' 18'4 * ' # &  9 + 4 ' V [ R 76+.+6;21.'5612$#4 ;'..19564+2' 'FIGQH # U R J C N V 'FIGQ H  # U R J C N V #E.1601 Ro y a l P a t e n t N o . 8 2 1 4 Lan d C o m m i s s i o n A w a r d 7 7 1 5 , A p a n a 1 1 t o L o t a K a m e h a m e h a -COPY- (170&52+-'+0%10%4'6'(170&2+2'+0%10%4'6' Nor t h HA U KAL O K O 8.25.17 TERRANCE J. CISCO ARCHITECT, LLC TMK 7-3-025:003 1" = 400'-0" Non Conservation Areas Full Site 1.4 Acres (house & driveway) 2.0 Acres (undefined food crop area to be selected in future) Total Non-Conservation Areas = 3.4 Acres Site Preparation Much of the site preparation will happen in the first four to five years. It will consist of clearing large invasive tree species such as Silver oak, Christmas berry and Strawberry guava. A crew will cut trees and drop them if they will not disturb too much of the surrounding area. The Silver oaks are very large and will damage the forest if they are dropped right away. They will be killed standing and we will wait for them to defoliate over time, loose branches and mass, and finally fall with less damage to the surrounding native forest species. Vines will be cut and sprayed but not pulled from the trees. Pulling breaks branches and causes unnecessary damage to trees. Broken branches provide entry points for No r t h HA U KA L O K O 8.25.17 TERRANCE J. CISCO ARCHITECT, LLC TMK 7-3-025:003 1" = 100'-0" Partial Site silveroak Ohia 1.4 Acres (house & driveway) (undefined food crop areato be selected in future see Full Site) house site pests and disease. The grasses and annual weeds will be treated with Roundup. The herbicides are applied in accordance with registered uses. Shoes, tools and equipment are properly cleaned and inspected to reduce the chance of introducing new weeds to the site. Spraying only occurs on windless days and with a minimum two hour period before rain. Mulching is important, especially where plants are exposed to hot sunlight. A small chipper could be obtained to mulch branches and materials. This provides excellent weed suppression and nutrients for fruit trees and native plants. V. Tree/Shrub Establishment Plants are ordered up to a year in advance as it takes from 6 months to a year for propagation; from seed to field ready. Plants are grown in root training band pots and forestry tubes. Seedlings will be planting in conjunction with the wet season and monitored throughout the year. Irrigation will probably not be needed for native species. Plants are planted at least to the depth of the pot so the roots are not sitting above the soil line and exposed to the air (which will cause them to dry out). The stem should not be covered with soil, which can cause rotting. The plants are “firmed” in so air pockets can’t dry out the roots under the ground. Firming is a horticultural term that refers to planting without compacting the soil, nor leaving it too loose. Compacting the soil can break tiny filament roots of plants; conversely, leaving soil too loose can leave large air pockets that can dry out the roots. Plants are spaced at least 10 feet from each other and nearby established plants. The restored areas will be maintained for “touch up” weeding to catch regrowth and new weeds emerging from the seed bank in the soil. There is a large seed bank of non- native species in the soil that will emerge over the years. The objective is to kill the weeds before they flower and seed so the seed bank in the soil is diminished. This is a critical management objective to support the change in dominance of the forest from non-native to native species. Proposed Plant List Clermontia hawaiiensis, ‘oha Rubus hawaiiensis, ‘akala Sophora chrysophylla, mamane Pittorsporum hosmeri, ho’awa Myrsine lessertiana, kolea Ilex anomala, kawau Dodonaea viscosa,aali’i Psychotria hawaiiensis, kopiko Perotettia sandwicensis, olomea Osteomeles anthyllidifolia, ‘ulei Pipturus albidus, mamaki Cheirodendron platyphyllum, olapa Kadua terminalis, manono Astelia menziesiana, painui Coprosma rhynchocarpa, pilo Santalum paniculatum, `iliahi We believe that we can do this project successfully if we time the out-planting with the rainy season. There should be plenty of water for the plants to be successfully established, therefore irrigation is probably unnecessary. After the first year of planting we will be able to determine the success rate of the seedlings and monitor for health (water needs, insect predation, weed control). Monitoring and Maintenance Monitoring, replanting and weeding of restored areas will happen as each section is restored. The primary focus will be on the native forest. When the owner builds the house and plants the fruit orchards those areas will also be maintained. Fence lines will be walked to check for burrowing and other damage. Out-plants will be monitored to assess seedling survival, pest issues, weed encroachment and water needs. Regarding pests on out-plants, two are of potential concern. Clermontia are at risk of being girdled by slugs. If necessary we will install small wire window screening around the young plants. The wire asks as a cage and protects the trunks of young plants from being chewed on. There are also issues with mice and rats digging around out-plants and lifting them out of their holes. If plantings are checked they can be replanted and firmed again. The owner is encouraged not to bring diseased plants to the property and to clean and inspect tools, shoes, and equipment brought in from other locations. In particular no ohia will be imported to the property in light of the Ceratocystis (Rapid Ohia Death) threat. Plants will be inspected for coqui frogs, little fire ants and other pests. Mr Watts has also been made aware of current DOFAW Best Management Practices through the link: www.state.hi/us/dlnr/dofaw/pubs/BMP_bestmanagement.pdf. Summary This forest dedication plan involves the necessary management techniques and points of protection in order to support the health of a native Hawaiian forest and reflects an understanding on the part of the landowner to value native species and the Kaloko mauka watershed. The conversion of original forest lands to pasture is continuing to increase and deteriorate native habitats, thereby decreasing rainfall and water recharge into the West Hawaii aquifers. Mr. Watts understands this and would like to participate in the effort to support healthy Hawaiian forest systems, which are the watersheds for Kona. Professional Consultation and Endorsement I have been consulted in the development of the Native Forest Dedication plan for Garrett Watts, and I believe that the proposal is likely to succeed in accomplishing it’s goals within the designated time period. Sincerely, Jill Wagner Future Forests Nursery, LLC forestry consultant SUBJECT PARCEL TO WHOM IT MAY CONCERN: As landowner of the parcel identified by TMK: (3) 7-3-025:003, I hereby consent and authorize Land Planning Hawaii LLC to file and process a Special Permit Amendment Application on my behalf. Watts Farms LLC ____________________________________ Garrett Watts (DATE) Zoho Sign Document ID: 2A6681DB-1G8XTME3R2UR_8HWDK92_HGQEUIPO3XOINRCWPONZBC Feb 10 2025 15:16 PST Generated on Feb 10, 2025 15:16 PST Document ID:2A6681DB-1G8XTME3R2UR_8HWDK92_HGQEUIPO3XOINRCWPONZBC Document name:Watts - Special Permit Sent by:Kim Chiodo <kim@landplanninghawaii.com> Organization:Land Planning Hawaii LLC 194 Wiwoole St., Hilo, HI, United States 96720 Sent on:Feb 5, 2025 11:52 PST Signers:1 Completed on:Feb 10, 2025 15:16 PST Receives a copy:0 Sign order:Random Approvers:0 No. of documents:2 Witnesses:0 Summary Recipients Certificate of Completion Signer Garrett Watts gwatts993@me.com Emailed on:Feb 5, 2025 11:52 PST Accessed from:174.78.185.36 Viewed on:Feb 10, 2025 14:49 PST Device used:Web Terms agreed on:Feb 10, 2025 15:15 PST Authentication type:None Signed on:Feb 10, 2025 15:16 PST Signature Legal Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE Please read the following information carefully. 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Zoho Sign is also available on iOS and Android devices. o y DAWN N.S.CHANGJOSHGREEN,M.D. aE.........• q CHAIRPERSONGOVERNORIKEKIA'AINA 959 a°°•,9y BOARD OF LAND AND NATURAL RESOURCES SYLVIA LUKE COMMISSION ON WATER RESOURCE LIEUTENANT GOVERNOR KA HOPE KIA'AINA MANAGEMENT o RYAN K.P.KANAKA`OLE FIRST DEPUTY 6,°°•.• CIARA W.K.KAHAHANE Q•q.p• •pQ p' DEPUTY DIRECTOR-WATER AQUATIC RESOURCES STATE OF HAWAI9 I KA MOKU`AINA`O HAWAI`I BOAT AC RECREATION BUURR EAUU ND OOFF COONN VEYANCES COMMISSION ON WATER RESOURCE DEPARTMENT OF LAND AND NATURAL RESOURCES MANAGEMENT CONSERVATION AND COASTAL LANDS 4 KA`OIHANA KUMUWAIWAI 'AINA CONSERVATION AND RESOURCES ENFORCEMENT ENGINEERING FORESTRYAND WILDLIFE DIVISION OF FORESTRY AND WILDLIFE HIsrS RESERV KAHOOLAWE ISLANDAND RESERVEE COCOMMISSION 1151 PUNCHBOWL STREET, ROOM 325 LAND srnrEPARKs HONOLULU, HAWAII 96813 May 22, 2025 Log no. 4989 MEMORANDUM TO: IAN HIROKAWA, Acting Land Administrator Land Division FROM: JASON D. OMICK, Wildlife Program Manager Division of Forestry and Wildlife SUBJECT: Consultation Request for Special Permit Application PL-SPP-2025-000087) for a New Medical Office and Home Site in Kaloko Mauka, North Kona, Hawaii; TMK: (3) 7- 3-025.003 (por.). The Department of Land and Natural Resources, Division of Forestry and Wildlife DOFAW) has received your consultation request regarding the Special Permit Application for a new medical office and home site in Kaloko Mauka, North Kona, Hawaii, within a portion of TMK: (3) 7- 3-025.003. The applicant proposes to construct a house, medical clinic, and driveway on approximately 1 .5 acres of a 21 .727-acre parcel. The Special Permit Application applies to 0.7 acres of the proposed project. Approximately 19.5 acres will remain as native forest after full build out of the clinic and house, thereby providing significant buffer to ensure that the minimum 17.872-acres of dedicated native forest area is maintained, as stated in the Forest Management Plan drafted by the applicant in 2017. The layout of the clinic, driveway, and parking has been designed to minimize impact to native vegetation and avoid existing mature `ohi`a trees. The property is not located in a Conservation District or Special Management Area and is designated as State Land Use District Agriculture. DOFAW provides the following additional comments regarding the potential for the proposed work to affect listed species in the vicinity of the project area. The State listed `ope`ape`a or Hawaiian hoary bat (Lasiurus semotus) could potentially occur at or in the vicinity of the project and may roost in nearby trees. Any required site clearing should be timed to avoid disturbance to bats during their birthing and pup rearing season (June 1 through September 15). During this period, woody plants greater than 15 feet (4.6 meters) tall should not be disturbed, removed, or trimmed. Barbed wire should also be avoided in any construction as bats can become ensnared and killed by such fencing material during flight. Artificial lighting can adversely impact seabirds which may pass through the area at night by causing them to become disoriented. This disorientation can result in seabird collision with manmade structures or the grounding of birds. For nighttime work that might be required, DOFAW recommends all lights used be fully shielded to minimize the attraction of seabirds. Nighttime work which requires outdoor lighting should be avoided during the seabird fledging season from September 15 through December 15, when young seabirds make their maiden voyage to sea. If nighttime construction is required during the seabird fledgling season, we recommend a qualified biologist be present at the project site to monitor and assess the risk of seabirds being attracted or grounded due to the lighting. If seabirds are seen circling the area, lights should be turned off. If a downed seabird is detected, please follow DOFAW's recommended response protocol by visiting https://dlnr.hawaii.gov/wildlife/seabird-fallout-season/ Permanent lighting also poses a risk of seabird attraction, and as such should be minimized or eliminated to protect seabird flyways and preserve the night sky. For illustrations and guidance related to seabird-friendly light styles that also protect seabirds and the dark starry skies of Hawaii please visit https://dlnr.hawaii.gov/wildlife/files/2016/03/DOC439.pdf. The endemic pueo or Hawaiian short-eared owl (Asio f/ammeus sandwichensis) could potentially nest in the project area. Pueo nest on the ground and active nests have been found year-round. Before any potentially disturbing activity like clearing vegetation, especially ground-based disturbance, DOFAW recommends a qualified biologist conduct surveys during crepuscular hours. Observation surveys should be done at those times from vantage points where they can see the whole project area for 2-3 nights before construction is to start. If any breeding displays are observed, it is likely there could be a nest. If pueo nests are detected in the area, a buffer zone should be established in which no activity occurs within a minimum buffer distance of 100 meters until the nesting cycle is complete and the chicks are capable of flight. DOFAW staff should be notified of any nests or adult displayed breeding behavior. The State listed `io or Hawaiian Hawk (Buteo solitarius) may occur in the project vicinity. Prior to undertaking vegetation clearing, DOFAW recommends that pre-construction surveys of the area be conducted by a qualified biologist following appropriate survey methods (Gorressen et al., 2008) to ensure no Hawaiian Hawk nests are present, which may occur during the breeding season from March to September. The survey should be conducted at least 10 days prior to the start of construction. If an `io nest is detected, a buffer zone of 100 meters (330 feet) should be established around it where no construction shall occur until the chick or chicks have fledged, or the nest is abandoned andDOFAW staff should be immediately notified. If adult individuals are detected in the area during construction, all activities within 30 meters (100 feet) of the bird should cease. Work may continue when the bird has left the area on its own. Gorresen, P. M., R. J. Camp, J. L. Klavitter, and T. K. Pratt. 2008.Abundance, distribution and population trend of the Hawaiian Hawk: 1998-2007. Hawaii Cooperative Studies Unit Technical Report HCSU-009. University of Hawaii at Hilo. 53 pp., incl. 8 figures, 3 tables & 1 appendix. The State listed nene or Hawaiian goose (Branta sandvicensis) could potentially occur in the vicinity of the proposed project site. It is against State law to harm or harass these species. If any are present during construction, all activities within 100 feet (30 meters) should cease and the bird or birds should not be approached. Work may continue after the bird or birds leave the area of their own accord. If a nest is discovered at any point, please contact the Hawaii Island Branch DOFAW Office at (808) 974-4221 and establish a buffer zone around the nest. DOFAW recommends that a botanical survey be conducted by a qualified botanist in all proposed affected areas prior to commencing work to determine if any rare or endangered species of plants are present in the project area. We recommend that the survey consists of a complete species list and is conducted during the wettest time of year when plants are more likely to be visible, especially in drier areas. If any listed species are found, please notify DOFAW at (808) 587-0166. For information on avoidance and minimization measures for plants, please refer to the following link: https://www.fws.gov/media/plant-avoidance-and-minimization-measures-may-2023 We recommend that Best Management Practices are employed during and after construction to contain any soils and sediment with the purpose of preventing damage to near-shore waters and marine ecosystems. We recommend contacting the Big Island Invasive Species Committee (BIISC) at (808) 933-3340 or biisc(a)hawaii.edu to learn about potential high-risk invasive species in the area, and for best management practices to avoid spreading of invasive plants and animals. Soil and plant material may contain detrimental fungal pathogens (like Rapid Ohi`a Death), vertebrate and invertebrate pests (e.g. Little Fire Ants, and Coqui Frogs), or invasive plant propagules (e.g. Albizia, Barbados Gooseberry, etc.) that will harm our native ecosystems, and the unique native found within them. Therefore, DOFAW advances the guidance that all equipment and personal items—to include clothing and foot ware should be cleaned of excess soil and debris to minimize the risk of spreading invasive species. Additionally, DOFAW recommends minimizing the movement of plant or soil material between worksites. Suspect pests should be reported through the statewide pest hotline. Photos, videos, and locations can be shared at www.643pest.org or call: 743-PEST. All equipment, materials, and personnel should be cleaned of excess soil and debris to minimize the risk of spreading invasive species. To prevent the spread of rapid `ohi`a death (ROD), DOFAW requests that removal, pruning/trimming, and potentially injury to `ohi`a trees be avoided as much as possible. Wounds serve as entry points for ROD fungus and increase the odds that the tree will be infected and die. Also, clean gear/tools, clothes, footwear, and vehicles before and after use. Make sure to removal all loose soil from the aforementioned items, spray gear/tools with 70% rubbing alcohol, and wash clothes with hot water and soap. Wash tires and undercarriages of all vehicles/machinery with a high-pressure water source. If ohi`a trees must be removed or pruned/trimmed, please conduct these activities on a still day to minimize blown sawdust and use a sharp saw to create chips rather than dust. Seal all wounds to these trees with a stump seal product (e.g. Spectricide, etc.). For more information, please consult https://cros.ctahr.hawaii.edu/rod. The invasive coconut rhinoceros beetle (Oryctes rhinoceros) or CRIB is widespread on the island of Oahu. CRB have been detected on other islands with moderate infestation on Kauai, one incipient site on Hawaii Island, and only one positive site on Maui in 2023. Hawaii Department of Agriculture interim rule 24-1 restricts the movement of CRB-host material from the island of Oahu, which is defined as the Quarantine Area. Regulated material (host material or host plants) is considered a risk for potential CRB infestation. Host material for the beetle specifically includes 1) entire dead trees; 2) mulch, compost, trimmings, fruit and vegetative scraps, and 3) decaying stumps. CRB host plants include the live palm plants in the following genera: Washingtonia, Livistona, and Pritchardia (all commonly known as fan palms), Cocos (coconut palms), Phoenix date palms), and Roystonea (royal palms). When such material or these specific plants are moved there is a risk of spreading CRB because they may contain CRB in any life stage. Inspection and/or treatment approved by HDOA is mandatory before inter-island transport. For more information regarding CRB, please visit https://dlnr.hawaii.gov/hisc/info/invasive-species-profiles/coconut-rhinoceros-beetle/. You should avoid importing soil or other plant material from off-island. Soil and plant material may contain fungi (e.g., rapid `ohi`a death) and other pathogens which could harm our native species and ecosystems. We recommend consulting the Hawaii Interagency Biosecurity Plan at http://dlnr.hawaii.gov/hisc/plans/hibp/ in the planning, design, and construction of the project. DOFAW recommends using native plant species for landscaping that are appropriate for the area; i.e., plants for which climate conditions are suitable for them to thrive, plants that historically occurred there, etc. Please do not plant invasive species. DOFAW also recommends referring to www.plantpono.org for guidance on the selection and evaluation of landscaping plants and to determine the potential invasiveness of plants proposed for use in the project. Due to the arid climate, high fine fuel load (grasses) surrounding the worksite, and risks of wildfire to listed species and native habitats, we recommend coordinating with the Hawaii Wildfire Management Organization at (808)-850-0900 or admin(a)hawaiiwildfire.org, on how wildfire prevention can be addressed in the project area. When engaging in activities that have a high risk of starting a wildfire—like wielding in/near tall grass, it is recommended that you: 1) wet down the area before starting your task, 2) continuously wet down the area as needed, 3) have a fire extinguisher on hand, and 4) in the event that your vision is impaired, (i.e. welding goggles) have a spotter to watch for fire ignitions. Additionally, do not park any vehicles in or near tall grass as heat from the engine/exhaust may ignite dry vegetation. DOFAW is concerned about impacts to threatened or endangered birds from nonnative predators such as cats, rodents, and mongooses. We recommend taking action to minimize predator presence; remove cats, place bait stations for rodents and mongoose, and provide covered trash receptacles. Cats prey on native birds, including State-listed endangered waterbirds, seabirds, and forest birds. Predation is instinctive and means that even well-fed cats will hunt and kill wildlife. Therefore, DOFAW recommends no feeding of feral cats should occur on the premises. We appreciate your efforts to work with our office for the conservation of our native species. These comments are general guidelines and should not be considered comprehensive for this site or project. It is the responsibility of the applicant to do their own due diligence to avoid any negative environmental impacts. Should the scope of the project change significantly, or should it become apparent that threatened or endangered species may be impacted, please contact our staff as soon as possible. If you have any questions, please contact Kelli Yamaguchi, Protected Species Habitat Conservation Planning Associate via email at kelIi.yam aguchi.researcher(a)-hawaii.gov. Sincerely, CPQ- JASON D. OMICK Wildlife Program Manager p c DAWN N.S.CHANGJOSHGREEN,M.D. c..••••••••"ptq CHAIRPERSONGOVERNORIKEKIA'AINA v 1959. 9 BOARD OF LAND AND NATURAL RESOURCES yj `' ''- COMMISSION ON WATER RESOURCE SYLVIA LUKE f t MANAGEMENT LIEUTENANT GOVERNOR I KA HOPE KIA'AINA RYAN K.P.KANAKA`OLE s, It FIRST DEPUTY ot`and and/yarl r@di3 CIARA W.K.KAHAHANE m aa•••••••••••'' '0 DEPUTY DIRECTOR-WATER F. AQUATIC RESOURCES 0 BOATING AND OCEAN RECREATION STATE OF HAWAI`I KA MOKU`AINA`O HAWAI`I BUREAU OF CONVEYANCES COMMISSION ON WATER RESOURCE DEPARTMENT OF LAND AND NATURAL RESOURCES MANAGEMENT State ofHa` CONSERVATION AND COASTAL LANDS KA`OIHANA KUMUWAIWAI `AINA CONSERVATION AND RESOURCES ENFORCEMENT ENGINEERING FORESTRY AND WILDLIFE STATE HISTORIC PRESERVATION DIVISION HISTORIC PRESERVATION KAHOOLAWE ISLAND RESERVE COMMISSION KAKUHIHEWA BUILDING LAND 601 KAMOKILA BLVD,STE 555 STATE PARKS KAPOLEI,HAWAII 96707 August 29,2025 IN REPLY REFER TO: Jeffrey Darrow,Director Project No.: 2025PR00512 County of Hawaii Doc.No.: 2508NM07 Planning Department Archaeology 101 Pauahi Street, Suite 3 Hilo,HI 96720 plannin hawaiicounty. oovv Dear Jeffrey Darrow: SUBJECT: Hawaii Revised Statutes(HRS)Chapter 6E-42 Historic Preservation Review County of Hawaii Special Permit Application(PL-SPP-2025-000087) Garrett Watts Orthopedic Clinic Archaeological Field Inspection Kaloko Ahupua`a,North Kona District,Island of Hawaii TMK: (3)7-3-025: 003 por. This letter provides the State Historic Preservation Division's(SHPD's)review of a draft archaeological field inspection FI) letter report titled An Archaeological Field Inspection ofa 1.5-acre development on a portion ofTMK: (3) 7-3- 025:003(por.)Kaloko Ahupua`a,North Kona,Hawai`i(King,August 2025)submitted in support of the subject County of Hawaii (COH) special permit application. The document was received by SHPD on August 11, 2025 (HICRIS Submission No. 2025PR00512.002). In a letter dated May 16, 2025 (Doc. No. 2505NM13), SHPD requested an archaeological field inspection for the proposed project.The applicant,Garrett Watts,proposes clearing,grubbing,and grading for two structures(a house and a clinic)with associated driveways on an—1.5-acre portion of the 21.272-acre parcel. ASM Affiliates conducted the subject archaeological field inspection at the request of the landowner. The FI was completed on June 26,2024 and included a larger area(7 acres)than the current project area(-1.5-acres).The pedestrian survey included 100%coverage with relatively good ground visibility and no historic properties were identified during the field inspection.The FI report indicates the potential for subsurface deposits is low and no additional archaeological work is recommended for the current project. Based on the current information, SHPD's project effect determination is "No historic properties affected" for the proposed project.Pursuant to HAR§13-284-7(e),when the SHPD agrees that the action will not affect any significant historic properties, this is the SHPD's written concurrence. The HRS §6E historic preservation review process is complete. The project initiation process may continue. Although the field inspection does not fulfill the requirements of an archaeological inventory survey as specified in HAR §13-276-5, it serves to facilitate project planning and supports the historic preservation review process. Please send one hard copy of the document, clearly labeled Library Copy, along with a text-searchable PDF copy of the document and a copy of this letter to the SHPD Kapolei office,Attn.SHPD Library and one hard copy of the document, clearly marked Library Copy, and a copy of this acceptance letter to the Hilo SHPD office, attention Nicole Mello. Jeffrey Darrow August 29,2025 Page 2 Additionally,please upload a text-searchable PDF copy of the report to HICRIS Project 2025PR00512 in response to the request,and submit a PDF copy of the report to SHPD.Archaeology.Librai &!awaii.gov Attach to the permit: In the unlikely event that subsurface historic resources, including human skeletal remains, structural remains,cultural deposits,artifacts, sand deposits,or sink holes are identified during the demolition and/or construction work,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. Please contact Nicole Mello, Historic Preservation Archaeologist IV, at Nicole.Mello&!awaii.gov, for any matters regarding archaeological resources or this letter. Aloha, Jessica L.Puff Administrator,State Historic Preservation Division Deputy State Historic Preservation Officer cc:Alukahe Kala,alukahe.kala&awaiicouM. oovv John Pipan,infoglandplanninghawaii.com Garrett Watts, gwatts993&me.com Matt Clark,mclarkkasmaffiliates.com DEPARTMENT OF LAND AND NATURAL RESOURCES STATE HISTORIC PRESERVATION DIVISION KAKUHIHEWA BUILDING 601 KAMOKILA BLVD, STE 555 KAPOLEI, HAWAII 96707 JOSH GREEN, M.D. GOVERNOR | SYLVIA LUKE LIEUTENANT GOVERNOR | DAWN N.S. CHANG CHAIRPERSONBOARD OF LAND AND NATURAL RESOURCESCOMMISSION ON WATER RESOURCE MANAGEMENT FIRST DEPUTY CIARA W.K. KAHAHANEDEPUTY DIRECTOR - WATER AQUATIC RESOURCES BOATING AND OCEAN RECREATIONBUREAU OF CONVEYANCESCOMMISSION ON WATER RESOURCE MANAGEMENT CONSERVATION AND COASTAL LANDSCONSERVATION AND RESOURCES ENFORCEMENTENGINEERING FORESTRY AND WILDLIFEHISTORIC PRESERVATIONKAHOOLAWE ISLAND RESERVE COMMISSIONLAND STATE PARKS May 16, 2025 IN REPLY REFER TO: Jeffrey Darrow, Director Project No.: 2025PR00512 County of Hawai i Doc. No.: 2505NM13 Planning Department Archaeology 101 Pauahi Street, Suite 3 Hilo, HI 96720 planning@hawaiicounty.gov Dear Jeffrey Darrow: SUBJECT:Hawaii Revised Statutes (HRS) Chapter 6E-42 Historic Preservation Review County of Hawai i Special Permit Application (PL-SPP-2025-000087) Garrett Watts Orthopedic Clinic Kaloko North Kona District, Island of TMK: (3) 7-3-025:003 por. subject County of Hawai i special permit application. SHPD received the submission on April 29, 2025, which included construction plans, a forest management plan, a permit application, a permit application acceptance letter from the County , a USGS map, and an aerial photograph of the project area. The applicant, Garrett Watts, proposes clearing, grubbing, and grading for two structures (a house and a clinic) with associated driveways on an ~1.5-acre portion of the 21.272- acre parcel. A review of SHPD records indicates an archaeological inventory survey (AIS) has not been completed on the subject parcel. The project area is located in the Kaloko mauka area where remnants of the Kona Field System and lave tubes with burials have been identified. The submitted information indicates a currently used trail runs through the parcel and an Ohia forest is present. Previously unidentified historic properties may be located within the project area. At this time, SHPD has insufficient information to determine the potential of the proposed project to impact historic properties. SHPD requests that an archaeological field inspection (FI) be conducted of the subject project area by a qualified archaeologist to determine if undocumented historic properties exist in the current project area. If unrecorded historic properties are present, SHPD will request that an AIS be completed, and the report be submitted for review and acceptance prior to initiation of land altering activities. SHPD looks forward to the opportunity to review the results of the identification process. For a list of approved archaeological consultants in Hawai i please visit the SHPD website at: http://dlnr.hawaii.gov/shpd/about/branches/archaeology/ Following the completion of the field inspection, SHPD requests the FI report, along with a copy of this letter, be submitted via HICRIS to Project No. 2025PR00512 in response to the request. SHPD shall notify the County when the requested documentation has been reviewed and the permit issuance process may continue. Jeffrey Darrow May 16, 2025 Page 2 Please contact at Nicole.Mello@hawaii.gov, for any questions or concerns regarding this letter. Aloha, Jessica L. Puff Administrator, State Historic Preservation Division Deputy State Historic Preservation Officer cc: Alukahe Kala, alukahe.kala@hawaiicounty.gov John Pipan, info@landplanninghawaii.com Garrett Watts, gwatts993@me.com May 5, 2025 County of Hawaii Leeward Planning Commission 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 West Hawaii Civic Center Planning Commission 74-5044 Ane Keohakalole Highway, Building E 2nd Floor, Kailua-Kona, Hawaii 96740 From: Surrounding Property Owners: On Hao Street, and Kaloko Drive (List at end of this testimony) Kaloko Mauka, Kailua Kona, HI 96740 RE: Of Request PL-SPP-2025-000087 To Operate an Orthopedic Clinic on Portion of Property Applicant: Garrett Watts TMK: (3) 7-3-025:003 (portion) Aloha Commissioners Mr. Au, Ms. Noborikawa, Mr. Dela Cruz, Dr. Inaba, Mr. Kanuha III, Mr. Rodriguez, and those Whom it May Concern: We reside across and adjacent to the proposed Special Permit plan for the orthopedic clinic as requested by Dr. Watts TMK: (3) 7-3-025:003 (portion), within 500 feet of the perimeter boundary of the subject parcel. 1. We have no quarrel with Dr. Watts or his clinic. In fact, Kona really needs medical specialists. We are pleased Dr. Watts wants to offer his service, although we question the need to place it in our neighborhood. If his special permit plan is approved, we request that the entrance to his clinic, NOT be on Hao Street. But on Kaloko Drive or Uhiwai Place. The subject property, located at 73-1899 Kaloko Drive, is on the intersection of Kaloko Drive and Hao Street. He also owns an adjacent property on Uhiwai Place. His application indicates a requested entry along Hao. We feel it’s more appropriate to have the entry and signage to his business on the main road, Kaloko Drive. Another option would be to have the entrance on his adjacent parcel on Uhiwai Place TMK #7-3-025:073. There is existing paved access to that property. From:Tracey Jensen To:LPCtestimony Subject:Fwd: Clinic proposal on Hao St Date:Tuesday, May 6, 2025 4:18:45 PM Begin forwarded message: From: Tracey Jensen <belle@ilhawaii.net> Subject: Clinic proposal on Hao St Date: May 6, 2025 at 3:09:51 PM HST To: Holeka.Inaba@hawaiicounty.gov Cc: merrick.nishimoto@hawaiicounty.gov, michelle.ahn@hawaiicounty.gov, joel.rathje@hawaiicounty.gov, Alukahe.kala@hawaiicounty.gov, jeff.darrow@hawaiicounty.gov RE: Of Request PL-SPP-2025-000087 To Operate an Orthopedic Clinic on Portion of Property Applicant: Garrett Watts TMK: (3) 7-3-025:003 (portion) address of subject property is 73-1899 Kaloko Drive To whom this may concern, Aloha, we have some concerns about the proposed clinic on Hao St. Our TMK is7-3-025-072-0000 and our address is 73-177Hao St. We are very close to theproposed entrance. We are worried about the traffic and noise on our road. Manyof us walk our dogs and children up here and speeding is already a problem. Weneed the light at the intersection with Highway 190 at the bottom of Kaloko Dr.before there can be any consideration for this special permit. It seems like it would be easier for clients to find the clinic if the turn off wasfrom Kaloko Dr. This is an AG area and we don’t see the need for a business in Kaloko. We wantto be supportive neighbors but this opens up Kaloko for future non-ag businesses.Also, what happens to the permit if Dr. Watts leaves Hawaii? We want to be supportive of Dr. Watts but this does not seem like the right type of business for Kaloko. There are many vacant spaces available in Kailua-Konaarea which would be more suitable for the general public. Mahalo for your consideration, Tracey Jensen Paul Akazawa home phone: 808m325 0313 From:Diane McWhirter To:Inaba, Holeka; Nishimoto, Merrick; Darrow, Jeff; Ahn, Michelle; Rathje, Joel T.; LPCtestimony; Planning InternetMail; Kala, Alukahe Subject:Testimony Regarding Special Use Permit Application for Orthopedic Office in Kaloko Date:Tuesday, May 6, 2025 11:18:57 AM RE: Of Request PL-SPP-2025-000087 To Operate an Orthopedic Clinic on Portion of Property Applicant: Garrett Watts TMK: (3) 7-3-025:003 (portion) Address of subject property is 73-1899 Kaloko Drive To whom it may concern, We are writing in response to the application submitted by our neighbor for a Special UsePermit to establish and operate an orthopedic office within an area currently zoned foragricultural use. While we value being good neighbors and respect our community members’ right to pursuetheir professional goals, we have some concerns about the impact of an Orthopedic Office inthis location and respectfully urge the Planning Department to address the following twoconditions prior to any approval or development: 1. Traffic Light Installation at Kaloko Drive and Highway 190 Our subdivision has already seen a significant increase in traffic, and the intersection at the bottom of Kaloko Drive, where it meets Highway 190, has become increasingly dangerous.The addition of a commercial medical facility will further increase traffic volume, particularly with patients unfamiliar with the area navigating in and out of the subdivision. We strongly recommend that no building permit or operation of this facility be alloweduntil a fully functioning traffic light is installed at this intersection, to ensure the safety ofeveryone entering and exiting the Kaloko subdivision as traffic continues to increase. 2. Single Access Point Restricted to Kaloko Drive (Not Hao Street) The current plan proposes an entrance and exit point on Hao Street. We believe this presents aconcern. The segment of Hao Street that the applicant is requesting access to is a through street, not a dead end road. Introducing more traffic (patients, delivery vehicles, and staff) intothis specific segment of Hao could compromise safety. We ask that any access to the orthopedic office be limited solely to Kaloko Drive, a roadbetter suited to accommodate the minor increase in traffic. We support thoughtful development that is in harmony with the long-term stewardship ofKaloko's unique cloud forest ecosystem. As caretakers of one of the rarest habitats in Hawai‘i, we believe any proposed development in our subdivision should align with values ofecological sensitivity, cultural respect, and community well-being through education, conservation, and fostering a deep connection between people and nature. We welcome initiatives that uplift these values - projects that respect the 'aina, honor our naturalsurroundings, and contribute to the sustainability of Kaloko's rare cloud forest ecosystem. Development should not come at the expense of safety or ecological integrity. We urgeplanners and decision-makers to set clear conditions that ensure new developments contribute positively to the area's long-term health, beginning with basic safety infrastructure like thetraffic light at the bottom of Kaloko Drive. With these measures in place, we believe it’s possible to support community growth whilepreserving the natural and cultural richness that makes this part of Kona so special. Requiring these two conditions will help maintain the safety and stewardship of ourcommunity, while still allowing the applicant a path forward in a responsible manner. Thank you for your time and consideration. Sincerely, Diane McWhirter M: 808.936.9505 From:kathryn foster To:Inaba, Holeka; Nishimoto, Merrick; Darrow, Jeff; Ahn, Michelle; Rathje, Joel T.; LPCtestimony; Kala, Alukahe Subject:Garrett Watts application for a special use permit for tmk 3-7-3-025:003 Date:Tuesday, May 6, 2025 1:07:04 PM To Whom It may concern: We are writing in response to the application submitted by our neighbor for a special use permit to establish and operate a medical clinic within a area currently zoned A-20 for agricultural use. While I value being a good neighbor, I am concerned about bringing non agricultural commercial business to my neighborhood. If one Special Use Permit is granted then it sets a precedent for future applications. There are plenty of commercially zoned facilities that would be appropriate for a medical clinic. I would not like to see my Kaloko community become a neighborhood with commercial businesses. I also notice the applicant is asking to move his entrance to Hao St, when the property address is Kaloko Dr. This concerns me, as it would cause more traffic on Hao St, which currently is used by local residents. I regularly walk my dogs on this street and unnecessary traffic concerns me. Please consider the negative impact granting this Special Use Permit could have on our Kaloko Mauka Community. Thank you for your time and consideration Bill and Kathyrn Foster 808-936-4237 From:Kanealaohana@twc.com To:Planning Internet Mail Subject:Request for consideration to amend proposed SPR of an Orthopedic Clinic to be built in Kaloko Mauka Subdivison Date:Tuesday, May 6, 2025 9:10:27 AM Attachments:Watts Clinic PH Testimony draft 5325.pdf To Whom it May Concern, We represent a group of neighbors who live within 500 feet of the proposed SPR. Please feel free to contact us at your convenience to discuss. We are writing regarding a neighbor's SPR proposal to build an orthopedic clinic in Kaloko Mauka,specifically locating the entrance and signage on Hao instead of Kaloko Drive. We have spoken withDr. Watts, the owner of the property and proposed clinic and he has indicated he is not interested in amending his plans. We want to be good neighbors, and we want Dr. Watts to be a good neighbortoo. Please find a PDF of our testimony for a future public hearing that hasn't been scheduled yet. There are a number of concerns we have that are not included in the attached testimony, such as theappropriateness of situating a clinic up in Kaloko Mauka. They would be brought up at the publichearing, and there will probably be others writing to the Planning Department regarding thisproposal as well. Thank you! We appreciate your help, Mahalo nui loa, Sara and Daniel Medeiros73-1786 Hao StreetKailua Kona, HI 96740 From:Gillis, Elizabeth To:Planning Internet Mail; LPCtestimony Subject:FW: Planning Permitting Committee Date:Tuesday, May 13, 2025 6:18:10 AM From: Roger Stephanie <rgwsmc731812@gmail.com> Sent: Monday, May 12, 2025 6:20 PM To: Gillis, Elizabeth <Elizabeth.Gillis@hawaiicounty.gov> Subject: Fwd: Planning Permitting Committee Roger Wuestefeld rgwsmc731812@gmail.com Cell.808.345 1372 Begin Subject: Planning Permitting Committee  For the immediate attention of the Hawaii County Planning Department: My name is Roger Weustefeld. Since 1999, when I carefully chose, and purchased, my property, I did so clearly understanding the restrictions of land use and the implication for my future quality of life, and the protection of the natural beauty and watershed. I built my home intentionally with care and consideration for all the aforementioned issues. I followed all rules and permitting requirements, meeting the letter of the law. Now there is a Special Permit Application, (PL-SPP-2025- 000087) request to operate an Orthopedic clinic on a 0.7 acre portion of the property tax map key (3) 7-3-025:003. I am adamentally opposed to this special permit application. It is clear to me this is both a quality of life and ecologic issue for this entire area at this elevation on Kaloko. I believe the Hawaii County Planning Department has a fiduciary responsibility to deny this application. The environmental and legal implications are apparent, I appreciate your careful consideration as you evaluate all of the issues of this ill-conceived request. Please feel free to contact me if I can provide you with any further information, or insights, about this unique and fragile location. If a prcedent is set, there will be negative implications for generations to come. Sincerely, Roger Weustefeld 73-1812 Hao Street. Kailua-Kona, Hawaii. 96740. 808-345-1372. Sent from the all new AOL app for iOS From:Kanealaohana@twc.com To:Inaba, Holeka; Nishimoto, Merrick; Darrow, Jeff; Ahn, Michelle; "Joel.ratje@hawaiicounty.gov"; LPCtestimony;Planning Internet Mail; Kala, Alukahe; Gillis, Elizabeth Subject:Follow up Orthopedic Clinic called "Kona Hand Surgery" in Kaloko Mauka Ag Subdivision Date:Sunday, May 18, 2025 3:05:22 PM Attachments:Reponse Watts 5925 letter.odt From: Surrounding Property Owners: On Hao Street, and Kaloko Drive Kaloko Mauka, Kailua Kona, HI 96740 RE: Of Request PL-SPP-2025-000087 To Operate an Orthopedic Clinic on Portion of Property Applicant: Garrett Watts TMK: (3) 7-3-025:003 (portion) Aloha, Please find our response that we sent to Dr. Watts regarding a letter he wrote 5/9/2025. A copy of Dr. Watt's letter is with the Planning Department West Hawaii. Please find ourresponse attached. We request we are notified when the public hearing is scheduled. We will notify the neighbors most affected. Thank you for all you do, Sara and Daniel Medeiros73-1786 Hao Street Kailua Kona, HI 96740 Broken Arrow Orthopedics 5/18/2025 10507 E 91st St. S. #350 Tulsa, OK 74133 Attn: Garrett Watts, M.D. RE: Of Request PL-SPP-2025-000087 To Operate an Orthopedic Clinic on Portion of Property Applicant: Garrett Watts TMK: (3) 7-3-025:003 (portion) Dear Dr. Watts, We received your letter 5/9/2025. We acknowledge you have done a lot of work on your property, especially limiting the liability posed by the O’oma Trails and cars, trucks and the public cutting through it. PATH and the State of Hawaii really rose to the occasion working to make that happen. You are right, the traffic and trespassing was reduced enormously by the relocation of the trail. The traffic of course has just relocated, up the road. Good for you to have removed the invasive species and keeping your property presentable. We are all working hard on doing the right thing with our properties too. Your letter did not address the idea of entry through Uhiwai Place. Your patients and staff will still need to travel on Kaloko no matter which intersection they come from. Our conviction is that a clinic of any size or hours of operation, just isn’t appropriate and in keeping with keeping Kaloko Mauka .our agriculture/forest preservation community, as the Planning Commission intended it to be. Sincerely, Sara and Daniel Medeiros 73-1786 Hao Street Kailua Kona, HI 96740 cc: Surrounding Property Owners: On Hao Street, and Kaloko Drive Holeka Inaba Holeka.inaba@hawaiicounty.gov Merrick Nishimoto merrick.nishimoto@hawaiicounty.gov - Mayors Office Jeff Darrow jeff.darrow@hawaiicounty.gov - Planning Director Michelle Ahn michelle.ahn@hawaiicounty.gov – Planning Deputy and Kaloko resident Joel Ratje joel.ratje@hawaiicounty.gov – Kona Planning Manager and Kaloko resident Leeward Planning Commission – LPCtestimony@hawaiicounty.govPlanning@hawaiicounty.gov Alukahe Kala Alukahe.kala@hawaiicounty.gov - Planner working on application elizabeth.gillis@hawaiicounty.gov From:Tracey Jensen To:gwatts@baortho.com Cc:LPCtestimony; Inaba, Holeka; Nishimoto, Merrick; Ahn, Michelle; Rathje, Joel T.; Kala, Alukahe; Darrow, Jeff Subject:clinic plans Date:Sunday, May 18, 2025 6:28:18 PM Attachments:Reponse Watts 5925 letter.odt Our response to Dr. Watts' letter which has been added to the bottom of this letter. Aloha Dr. Watts, While we appreciate your efforts to preserve the forest, we do have some concerns about your plans for a special permit for a clinic. First, Kaloko is agriculture zoned and if you get the special commercial permit, its opens thearea up for anyone to apply for their own commercial permit. Once one person gets their permit then it is easier for the next and the next. We appreciate that you seem to have genuineconcern for the impact you may have, but it does set a bad precedent. Second, you state in your letter that it would be difficult for your elderly patients to exit onto Kaloko Dr. Even if they leave on Hao St. they will still have to exit onto Kaloko Dr. It seemslike it would be easier to exit from the subdivision already built on Uhiwai St. Thirdly, we are wondering if you could see your patients in town. There are a lot of empty spaces available which would also be much easier for your patients to have access to in town..Most everyone who lives here has had to follow a “lost” car up Kaloko, stopping in the middle of the road to check things on their GPS. Traffic is already a problem. Also, traffic is worse inthe morning with school traffic and kids trying to catch the bus, drop off after school is not easy either. We can’t wait for the traffic light but regardless, there is a lot of traffic here inKaloko Mauka! Again, we do appreciate all you have done to try to keep this forest as special as it is, we just don’t want to make it worse but adding a commercial enterprise here. We hope you willreconsider and arrange to see your patients in town. Mahalo, Tracey JensenPaul Akazawa 73-1774 Hao St.Kailua-Kona, Hi 96740 belle@ilhawaii.net Broken Arrow Orthopedics 5/18/2025 10507 E 91st St. S. #350 Tulsa, OK 74133 Attn: Garrett Watts, M.D. RE: Of Request PL-SPP-2025-000087 To Operate an Orthopedic Clinic on Portion of Property Applicant: Garrett Watts TMK: (3) 7-3-025:003 (portion) Dear Dr. Watts, We received your letter 5/9/2025. We acknowledge you have done a lot of work on your property, especially limiting the liability posed by the O’oma Trails and cars, trucks and the public cutting through it. PATH and the State of Hawaii really rose to the occasion working to make that happen. You are right, the traffic and trespassing was reduced enormously by the relocation of the trail. The traffic of course has just relocated, up the road. Good for you to have removed the invasive species and keeping your property presentable. We are all working hard on doing the right thing with our properties too. Your letter did not address the idea of entry through Uhiwai Place. Your patients and staff will still need to travel on Kaloko no matter which intersection they come from. Our conviction is that a clinic of any size or hours of operation, just isn’t appropriate and in keeping with keeping Kaloko Mauka .our agriculture/forest preservation community, as the Planning Commission intended it to be. Sincerely, Sara and Daniel Medeiros 73-1786 Hao Street Kailua Kona, HI 96740 cc: Surrounding Property Owners: On Hao Street, and Kaloko Drive Holeka Inaba Holeka.inaba@hawaiicounty.gov Merrick Nishimoto merrick.nishimoto@hawaiicounty.gov - Mayors Office Jeff Darrow jeff.darrow@hawaiicounty.gov - Planning Director Michelle Ahn michelle.ahn@hawaiicounty.gov – Planning Deputy and Kaloko resident Joel Ratje joel.ratje@hawaiicounty.gov – Kona Planning Manager and Kaloko resident Leeward Planning Commission – LPCtestimony@hawaiicounty.govPlanning@hawaiicounty.gov Alukahe Kala Alukahe.kala@hawaiicounty.gov - Planner working on application elizabeth.gillis@hawaiicounty.gov From:Diane McWhirter To:Inaba, Holeka; Nishimoto, Merrick; Darrow, Jeff; Ahn, Michelle; Rathje, Joel T.; LPCtestimony; Planning InternetMail; Kala, Alukahe Subject:Re: Testimony Regarding Special Use Permit Application for Orthopedic Office in Kaloko Date:Monday, May 19, 2025 7:16:25 AM May 19, 2025 Garrett Watts, M.D.10507 E 91st St. S. #350 Tulsa, OK 74133 RE: Request PL-SPP-2025-000087 To Operate a Hand Surgery Clinic on Portion of PropertyApplicant: Garrett Watts TMK: (3) 7-3-025:003 (portion) Dear Dr. Watts, Thank you for your communication dated May 9, 2025. We appreciate your efforts to maintain your property and to address challenges with traffic and trail realignment, which has had apositive impact on the area. As neighbors and stewards of this community, we feel compelled to express that a medicalclinic, regardless of size or operating hours, is not an appropriate fit for this environment. Our neighborhood is uniquely defined by its ecological significance and educational role, and ourconviction is that developments within it should align with and support this context. We support the conditions that the special use permit, if granted, have a 10-year expiration andthat it be non-transferable should the property be sold. These terms are reasonable. We respectfully submit these comments for the record and ask the Planning Commission toconsider the unique environmental and educational value of our area in their decision-making. cc: Surrounding Property OwnersHoleka Inaba – Holeka.inaba@hawaiicounty.gov Merrick Nishimoto – merrick.nishimoto@hawaiicounty.govJeff Darrow – jeff.darrow@hawaiicounty.gov Michelle Ahn – michelle.ahn@hawaiicounty.govJoel Ratje – joel.ratje@hawaiicounty.gov Leeward Planning Commission – LPCtestimony@hawaiicounty.gov,planning@hawaiicounty.gov Alukahe Kala – alukahe.kala@hawaiicounty.govElizabeth Gillis – elizabeth.gillis@hawaiicounty.gov Sincerely, Diane McWhirter 73-1885 Hao St Kailua Kona, HI 96740 808.936.9505 On Tue, May 6, 2025 at 11:18 AM Diane McWhirter <diane@konacloudforest.com> wrote:RE: Of Request PL-SPP-2025-000087 To Operate an Orthopedic Clinic on Portion of Property Applicant: Garrett Watts TMK: (3) 7-3-025:003 (portion) Address of subject property is 73-1899 Kaloko Drive To whom it may concern, We are writing in response to the application submitted by our neighbor for a Special UsePermit to establish and operate an orthopedic office within an area currently zoned foragricultural use. While we value being good neighbors and respect our community members’ right to pursuetheir professional goals, we have some concerns about the impact of an Orthopedic Office inthis location and respectfully urge the Planning Department to address the following twoconditions prior to any approval or development: 1. Traffic Light Installation at Kaloko Drive and Highway 190 Our subdivision has already seen a significant increase in traffic, and the intersection at the bottom of Kaloko Drive, where it meets Highway 190, has become increasingly dangerous.The addition of a commercial medical facility will further increase traffic volume, particularly with patients unfamiliar with the area navigating in and out of the subdivision. We strongly recommend that no building permit or operation of this facility be alloweduntil a fully functioning traffic light is installed at this intersection, to ensure the safetyof everyone entering and exiting the Kaloko subdivision as traffic continues to increase. 2. Single Access Point Restricted to Kaloko Drive (Not Hao Street) The current plan proposes an entrance and exit point on Hao Street. We believe this presentsa concern. The segment of Hao Street that the applicant is requesting access to is a through street, not a dead end road. Introducing more traffic (patients, delivery vehicles, and staff)into this specific segment of Hao could compromise safety. We ask that any access to the orthopedic office be limited solely to Kaloko Drive, a roadbetter suited to accommodate the minor increase in traffic. We support thoughtful development that is in harmony with the long-term stewardship ofKaloko's unique cloud forest ecosystem. As caretakers of one of the rarest habitats in Hawai‘i, we believe any proposed development in our subdivision should align with valuesof ecological sensitivity, cultural respect, and community well-being through education, conservation, and fostering a deep connection between people and nature. We welcomeinitiatives that uplift these values - projects that respect the 'aina, honor our natural surroundings, and contribute to the sustainability of Kaloko's rare cloud forest ecosystem. Development should not come at the expense of safety or ecological integrity. We urge planners and decision-makers to set clear conditions that ensure new developmentscontribute positively to the area's long-term health, beginning with basic safety infrastructure like the traffic light at the bottom of Kaloko Drive. With these measures in place, we believe it’s possible to support community growth while preserving the natural and cultural richness that makes this part of Kona so special. Requiring these two conditions will help maintain the safety and stewardship of our community, while still allowing the applicant a path forward in a responsible manner. Thank you for your time and consideration. Sincerely, Diane McWhirter M: 808.936.9505 From:Mark Blanchard To:Planning Internet Mail; Inaba, Holeka Cc:Nishimoto, Merrick; Darrow, Jeff; Ahn, Michelle; joel.ratje@hawaiicounty.gov; LPCtestimony; Kala, Alukahe; Gillis, Elizabeth; gwatts@baortho.com Subject:Request for Special Permit Date:Wednesday, May 21, 2025 11:29:30 AM West Hawaii Civic Center 05-21-2025 Planning Commission 74-5044 Ane Keohakalole Highway, Building E 2nd Floor, Kailua Kona, Hawaii 96740 Re: Of Request PL-SPP-2025-000087 To Operate an Orthopedic Clinic on Portion of Property Applicant: Garrett Watts TMK: (3) 7-3-025:003 (portion) To whom it may concern: We reside directly across from the subjectproperty in the proposed Special Permit plan for an Orthopedic clinic as requested by Dr.Watts TMK: (3) 7-3-025:003 (portion) and within 500 feet of the perimeter boundary ofthe subject parcel. We are writing in response to the application for a Special Permit to establish and operatean Orthopedic office on land which is zoned for agricultural use by our neighbor Dr.Gary Watts. Our main concern is the precedent that will be set by allowing non-agricultural activityon Kaloko Subdivision ag lands. We feel this would be opening up a can of worms, asother land owners could also seek Special Permits to allow commercial activities in theKaloko Mauka subdivision. From our understanding of the guidelines that the planning commission uses toevaluate Special Permit applications; a couple of these guidelines stand out: a) Unusual and Reasonable useWe are not sure that the proposed use meets the unusual or reasonable use clause of theplanning commission guidelines. b) Impact on Surrounding Properties The proposed clinic will have an adverseeffect on neighboring properties and the Kaloko community in terms of additionaltraffic, noise and property values. Navigating the roads of Kalokosubdivision and the Mamalahoa Hwy/Kaloko Dr. intersectionare already challenging tasks as is, without adding additional traffic in and out ofthe subdivision. We have witnessed Dr Watts care for the property adjacent to ours for many years andbelieve him to be a good steward of this unique forest watershed that the Kalokocommunity shares. However, there are no guarantees that any other applicants forSpecial Permits will hold to his standards. Respectfully yours, Mark and Mary Ann Blanchard73-1800 Hao Street Kailua Kona, HI 96740 From:Mark Van Pernis To:LPCtestimony Cc:Darrow, Jeff Subject:Applicant: Garret Watts; PLS 2025000087 .7/17/2025 agenda LPC Date:Thursday, July 10, 2025 10:39:10 AM This is an opportunity for the Planning Director, the Leeward Planning Commission (LPC) and its chairperson to honor their duty to the people of West Hawaii and the County. This application appears to be a sneaky attempt toget around subdivision.and zoning codes, as well as subdivision covenants. to promote the contrary andunnecessary commercialization of this residential, rural, agricultural area. THERE IS NO NEEC FOR THI, andthus a “no” should be issued. There is a lot of commercial spaces, commercial buildings and commercial lots in theKailua and Keahou areas, and from the Palani/Queen Kaahumanu intersection past the Courthouse, up past theCounty Building and out to the new hospital site. Included is the big Palamanu commertcial/residentialdevelopment which was promised with public infrastructure bene its by 2005, but which you guys for no statutorilyrequired reason gave a free no strings attached delay to 2025 so Palamanui could cl9se on an undisclosed sale toNan, Inc. There’s al.so the big strip of land on the east side of the highwayd on the Highway past the Hualalai Roadintersection, south to the car dealers, that the Commission has been approved special permits for commercial uswithout any infrastructure.. Commercial belongs in those areas, not in a residential-rural-agricultural area n toplanned for commercial. Is the Applicant an “orthopedic” adoctor,chiroprator, masseuse, or a speculator wanting a commercial rental where itdoesn’t belong? How many practitioners and staff, patients, clientele, carts, pavement? What about stacking andlefthand turn lanes. Including \the Koloko Drive/ Old Mamlahoa /new Mamalahoa Highway intersection (site ofaccidents and fatalities), where the State says a turn signal and more lanes are needed NOW? What do theneighbors and subdivision association and users of the jammed up road M aqmalahoa) say? What about themakeshift school bus stop on Kol;oko Drive at Mamalaha What about the many residential subdivision off ofKoloko you havee already aapproved but hanve’t been built yet ? Are such hard questions being asked? What kind of precedent is this for Koloko Mauka, for Kona, for the County? The Commission is supposed to bethe guardian and enforcer of good planning, even though its members are not trained an educate as to land planning. You must represent the people of Kona and not increase the deplorable state of West Hawaii’s infrastructure (e.g.traffic, water, sewage). Developers with no intent or capacity to build go after approvals from the LPC, knowingthey can get delays, including. their promised public contributions., (e.g. affordable housing) for decades, so theycan sell their approved project, while the public suffers ever increasing infrastructure problems.. (Expect requestsfor more delay, from Nan, including for intasture contribution). ”Sunset” Clauses will end this abuse and falsepromises of timelypublic contributions, Every other moderfrn jurisdiction uses sunset clauses, Do you support this“not ready or able to develop now, but wants approval now” abuse? This Application is not only deceptive and inadequate,it is destructive of good planning and seeks to make the LPCits willing accomplice to go against the neighborhood and County planning. It appears to seek approval for thepurpose of reselling not present developmen The subdivision is is a large long standing rural agricultural andresidential subdivision.. And the neighbors deserve protection too, THIS APPEARS TO BE A REZONING AND SUBDIVISION disguised as a special use permit or some othersneaky way to avoid facing reality and COMPLYING WITH THE SUBIVISION COVENANTS, which you arebeing asked to ignore. Is“”NO” in the in the vocabularies of the Director, the Commission and its chaIr person?. This application must becompletely rejected, Who do you represent: the people and good planning, or the applicant? Mark Van PernisFormer LPC Commissioner and Katlua Village Design Commissiop Jill Wagner Po Box 847 Kailua Kona, HI 96745 808-325-2377 August 25, 2025 Land Planning Hawaii Regarding Garrett Watts Kona Hand Clinic Dear Land Planning Hawaii, I am writing this letter in support of Garrett Watts plan to have a clinic on his property in Kaloko, Kona to support people with hand/wrist and other related issues. Dr. Watts is an excellent surgeon and doctor and his service to our community will be an asset that we need in West Hawaii. Unfortunately, being a forester I have broken both of my wrists and Dr. Watts helped me to understand what I needed to do to heal them. I strongly think that we need to support doctors, even in this case of being part-time, in Kona. We are dealing with a shortage of doctors and I have friends who right now are dealing with cancer and the doctors come and go after a few months and that is emotionally challenging for people with health problems to not have a stable doctor to support them. This clinic will be small and resulting traffic will be insignificant. The Cloud Forest Sanctuary receives 700 visitors a month on the same street, only a few lots away. The visitors use Kaloko drive and then turn right on Hao street to the property. The hand clinic clients will turn left off of Kaloko drive and then enter the first driveway on Hao street, thereby not passing the driveway of the one concerned neighbor. This will work out well. Dr. Watts has dedicated his property to Forest Preservation with the county of Hawaii and he is actively maintaining the forest by eradicating the invasive species and supporting the native species, including the endangered I’o hawks, which are nesting there! He has been doing this restoration maintenance for over 5 years on a bi-weekly basis. The property is in good health and Dr. Watts does everything he can to support the watershed. I will fully support Dr. Watts in his request for a Special Use Permit for Home Occupation on his property in Kaloko and hope that he can get set up to serve the community as soon as possible. In fact, he will also be volunteering with the Charity Clinic in town. I am very grateful for his generous service to our community. Sincerely, Jill Wagner 1 Kala, Alukahe From:Kim Chiodo <kim@landplanninghawaii.com> Sent:Monday, August 25, 2025 8:39 AM To:Kala, Alukahe Cc:John Pipan Subject:Fwd: Garret Watts Special Permit Follow Up Flag:Follow up Flag Status:Flagged Aloha Alu, I'm forwarding testimony that was emailed to me from one of Dr. Watt's neighbors. Thank you, Kim Chiodo Project Manager Land Planning Hawaii 194 Wiwoole St, Hilo, HI 96720 (808) 333-3393 (office) (808) 333-3576 (direct) kim@landplanninghawaii.com This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. ============ Forwarded message ============ From: Roger Weiss <aloha.roger.w@gmail.com> To: <kim@landplanninghawaii.com> Cc: "Lydia"<aloha.lydia.w@gmail.com> Date: Fri, 22 Aug 2025 19:40:23 -1000 Subject: Garret Watts Special Permit ============ Forwarded message ============ Land Planning Commission Re: Garrett Watts Property in Kaloko Mauka for Special Permit 2 1) We are writing in support of Dr. Watts in his request for a Special Permit on his property in Kaloko for a small orthopedic clinic. This will be valuable for our community. 2) We believe he will provide services for the community that is not very available especially on the Big Island. 3) He has noted that his clinic will have a low volume of people and car traffic, and very little noise. 4) Dr. Watts has shown exceptional care for his property, being cautious about native vegetation. He has a huge frontage compared to most property owners in Kaloko, and he has enhanced the beauty of the area by paying gardeners to manage the frontage unlike most of the property owners in Kaloko that are not as connected to the community. Therefore we feel he will maintain and manage our special Kaloko environment with pride and stewardship. He has our support. Roger and Lydia Weiss Residents of Kaloko Mauka for over 35 years. aloha.roger.w@gmail.com From:Kim Chiodo To:LPCtestimony Cc:Kala, Alukahe; Darrow, Jeff; John Pipan Subject:Testimony from Applicant - PL-SPP-2025-000087 (Watts) Date:Tuesday, June 17, 2025 12:21:16 PM Attachments:2025 6_16 Letter.pdf Aloha, Please see the attached testimony from the applicant for the subject Special Permit application. Thank you, Kim Chiodo Project Manager Land Planning Hawaii 194 Wiwoole St, Hilo, HI 96720 (808) 333-3393 (office) (808) 333-3576 (direct) kim@landplanninghawaii.com This email and any files transmitted with it are confidential and intended solely for the use of theindividual or entity to whom they are addressed. Please notify the sender immediately by e-mail ifyou have received this e-mail by mistake and delete this e-mail from your system. If you are notthe intended recipient you are notified that disclosing, copying, distributing or taking any action inreliance on the contents of this information is strictly prohibited. SC A L E 1 " = 3 0 ' - 0 " TR U E N O R T H KA L O K O D R I V E 100 FOOT FOREST RESERVE STRUCTURAL SETBACK EASEMENT 1" = 30' (2) covered parking stalls (1) parking stall Ohia va n a c c e s i b l e existing ohia grove 22 0 f e e t to H a o S t r e e t 16° 0' 0" 8° 30' 0" Kaloko Driveway Study approx. 0.08 acres of cleared forest approx. 2514 s.f. concrete driveway approximate finish grading showing required fill for driveway to slope down to Clinic. Proposed Hao Street driveway is a approximate 14% grade where no forest clearing required approx. 24' drop in 102' = 23.5% grade (unsafe steep driveway ) approx. existing grades per architects site measurements 16' drop in 60' in this location. 27% grade TM K 7 - 3 - 0 2 5 : 0 0 3 Ka l o k o M a u k a S u b d i v i s i o n Ka i l u a K o n a , I s l a n d o f H a w a i ' i 30' s e t b a c k o n K a l o k o D r i v e 30' s e t b a c k o n H a o S t r e e t T M K 7 - 3 - 0 2 5 : 0 0 3 20' s i d e y a r d s e t b a c k s SC A L E 1 " = 3 0 0 ' - 0 " 18 3 ° 0 0 ' 6 4 5 . 9 0 3 1 5 ° 1 0 ' 1 9 6 3 . 6 4 3° 0 0 ' 4 4 5 . 9 7 KA L O K O D R I V E H A O S T R E E T TR U E N O R T H 1 3 5 ° 1 0 ' 1 6 7 4 . 7 6 114 ° 0 5 ' 1 2 2 . 3 1 R = 1 7 0 . 0 0 93°0 0 ' 5 0 . 0 0 48°0 0 ' 7 0 . 7 1 R = 5 0 . 0 Home 30 F O O T F O R E S T R E S E R V E STR U C T U R A L S E T B A C K E A S E M E N T 100 F O O T F O R E S T R E S E R V E STRU C T U R A L S E T B A C K EAS E M E N T O N H A O S T R E E T 100 F O O T F O R E S T R E S E R V E STR U C T U R A L S E T B A C K EAS E M E N T O N K A L O K O D R I V E 2 A01.0 Full Site Plan 1" = 300' 2 1 . 2 7 2 a c r e s Watts driveway neighbors driveway neighbors driveway 4 0 0 ' 1 4 0 ' 1" = 30' 1 A01.0 Partial Site Plan SC A L E 1 " = 3 0 ' - 0 " TR U E N O R T H 0 30 60 90 LOT 5 21.2 7 2 A C R E S TEM P O R A R Y B E N C H M A R K NAIL ( S E T ) ELEV A T I O N = 3 0 0 . 0 0 REFE R R E D T O A N A S S U M E D D A T U M 12 6 Ā03' 5 0 ' ' 2 9 3 . 6 7 ( T i e f r o m S p i k e i n C o n c r e t e ( F o u n d ) a t P C L o t 5 ) 5 1 ' - 8 " AR # 5368 EXPIRES 4/30/26 DRAWN CHECKED DATE JOB NO SHEET TC THIS WORK WAS PREPARED BY ME OR UNDER MY SUPERVISION AND CONSTRUCTION OF THIS PROJECT WILL BE UNDER MY OBSERVATION. TC 06.16B.25 REVISIONS BY A01.0 SITE PLAN Pr o p o s e d R e s i d e n c e : Wa t t s F a r m s , L L C Terrance J. Cisco Architect, LLC 2025 c 18.03.18 SPECIAL PERMIT AREA - 0.80 acres 100 FOOT FOREST RESERVE STRUCTURAL SETBACK EASEMENT 30 F O O T F O R E S T R E S E R V E STR U C T U R A L S E T B A C K E A S E M E N T 30' 100 F O O T F O R E S T R E S E R V E STR U C T U R A L S E T B A C K E A S E M E N T HOME (2) patient parking stalls (1) staff parking stall driv e w a y