A18-805 Church-Hildal


The Petitioner, Kenneth Stanley Church and Joan Evelyn Hildal, are requesting the reclassification of approximately 3.368 acres of land currently in the State Conservation District to the State Agricultural District consisting of two parcels TMK Nos. (3) 2-9-003:029 and 060.  These former sugar cane lands in Wailea, South Hilo, island of Hawaiʻi.  The property is currently used for agricultural purposes and has one existing agricultural storage and processing structure and one permitted dwelling under construction.


A petition was initially filed on July 20, 2018.  After a review of the material submitted, Petitioner was advised to look at previously filed petitions for style, format, and content; also, Petitioner was referred to the Commission’s administrative rules indicating specific guidance on filing requirements.  On July 31, 2018, Petitioner filed additional information in support of their filing.  On August 1, 2018, the LUC deemed the filing incomplete and directed the Petitioner to provide additional information, including evidence of compliance with Chapter 343, Hawaiʻi Revised Statutes (HRS).

On August 9, 2018, the Petitioner filed a Motion That the Land Use Commission Accept an Existing EA/FONSI.  On August 10, 2018, the LUC informed Petitioner that the filing was incomplete and did not follow requirements.  On September 5, 2018, the Petitioner filed an Amended Motion that the LUC Accept an Existing EA/FONSI as Sufficient to Support the Petition.

The LUC will hear the Petitioner’s Motion/Amended Motion on January 23, 2019 in Hilo.  Please consult the LUC Calendar for specific details as they are posted.

Petitioner Filings

Draft of EA zone (3/13/19)

Exhibit list (filed 3/13/19)
exhibit 1 – transcript LUC proceedings petition A05 757
exhibit 1a – notice of Petition A18 805 filing sent to the State official mailing list
exhibit 2 – 2005 FONSI link – (no hard copy provided)
exhibit 3 – 2016 FONSI link – (no hard copy provided)
exhibit 4 – County SMA letter
exhibit 5 – DLNR letter
exhibit 6 – State Audior General’s report to the Governor
exhibit 7 – OCCL letter
exhibit 8 – LUC Ninole boundary interpretation
exhibit 9 – Dr. Kwong letter
exhibit 10 – Botanical report 2014
exhibit 11 – ALISH map
exhibit 12 – John Cross letter
exhibit 13 – ALISH definition of Prime Agricultural Land
exhibit 14 – TMK map
No exhibit 15
exhibit 16 – Quadrangle map
exhibit 17 – BLNR meeting minutes – nonconforming use is Statute Allowed
exhibit 18 – County General Plan – Open zone
exhibit 19 – LUPAG map
exhibit 20 – pictures of view towards the Property from the coastal highway
exhibit 21 – picture of 1905 historic cane field map showing a close up of the area of the
Property and the date of the map
exhibit 22 – pictures
exhibit 23 – request for a Determination

OEQC Publication Form


Petition for Boundary Amendment from State Conservation District to State Agricultural District

Motion for LUC to Accept an Existing Final Environmental Assessment/FONSI in Support of Petition filed August 10, 2018

Petitioner’s Cover Letter dated August 10, 2018

Exhibit 1 – Final EA/FONSI and Acceptance Letter by DLNR dated June 22, 2016

Exhibit 2 – Excerpt from July 8, 2016 OEQC Environmental Notice

Amended Motion for LUC to Accept an Existing EA/FONSI in Support of Petition filed August 15, 2018

Exhibit 1 – DLNR FONSI Determination Letter dated June 22, 2016

Exhibit 2 – DLNR Response Letter from Sam Lemmo (OCCL) re:  Removal of Invasive Species dated January 27, 2017

Exhibit 3 – County of Hawai`i Planning Department Response Letter re:  Agricultural uses in the SMA dated March 22, 2018


State Office of Planning Filing (OP)

A18-805 Office of Planning’s Response to Petitioner’s Amended Motion that the Commission Accept the Existing FONSI, Exhibit 1 , As Sufficient to Support the Petition dated October 31, 2018


County of Hawai`i Planning Department Filings (COH)

Docket No. A18-805 – Church-Hidal – PD Response to Petitioner’s Amended Motion dated November 26, 2018


Public Comments


LUC Notices and Orders

Hearing Notice January 23-24, 2019

LUC Correspondence

LUC letter deeming Petition an incomplete filing dated August 1, 2018

LUC Letter deeming Petitioner’s Motion an incomplete filing dated August 10, 2018

LUC Letter Clarifying Procedural Filing Issues; Petition still incomplete dated December 11, 2018