A18-805 Church-Hildal

Background

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.

Status

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 heard the Petitioner’s Motion/Amended Motion on January 23, 2019 in Hilo.

Petitioner filed its draft Environmental Assessment with Exhibits “1”-“24” with the Commission on April 9, 2019, with a copy for OEQC’s review.

Please consult the LUC Calendar for specific details as they are posted.

LUC Notices and OrdersPetitioner FilingState Office of Planning & Sustainable Development (OPSD) FilingsCounty of Hawaiʻi FilingsPublic CommentsCorrespondence

Hearing Notice January 23-24, 2019

A18-805 ORDER DETERMINING WHETHER THE LAND USE COMMISSION AGREES THAT PETITIONER’S DRAFT ENVIRONMENTAL ASSESSMENT WARRANTS AN ANTICIPATED FINDING OF NO SIGNFICANT IMPACT IN SUPPORT OF ITS PETITION (4/30/19)

A18-805 ORDER DETERMINING (1) THAT THE LAND USE COMMISSION AGREES TO BE THE ACCEPTING AUTHORITY AND (2) DEFERS PETITIONER’S REQUEST TO ACCEPT AN EXISTING ENVIRONMENTAL ASSESSMENT AND ANTICIPATED FINDING OF NO SIGNFICANT IMPACT IN SUPPORT OF ITS PETITION (4/30/19)

Agenda & Minutes

January 23 & 24, 2019: Agenda | Minutes 01/23/19

March 27, & 28, 2019: Agenda | Minutes 03/28/19
* Corrected 03/28/19 Minutes – per action on 05/07/19 by LUC

May 07, 2019: Agenda | Minutes

Petitioner’s Amended Motion for a Boundary Determination, COS, Miscellaneous Attachments (03/16/2021)

Petitioner’s Motion for a Boundary Determination, COS (02/09/2021)

Petitioner correspondence re: FONSI (8/20/2020)

Petitioner’s Motion That the LUC Issue a Finding of No Significant Impact (6/12/2020)

Petitioner’s Request for Boundary Determination (dated 5/22/2020)

Petitioner Motion that the LUC Adopt a Second Order for the Issuance of Anticipated Negative Declaration or Anticipated Findings of No Significant Impact, Declaration of Kenneth Stanley Church, COS (9/10/19)

Petitioner Correspondence- re: County Comments on DEA (5/29/19)

Petitioner Correspondence re: Caption error (5/6/19)

Petitioner Correspondence – Inquiry requesting clarification on Petition Status (4/25/19)

Draft Environmental Assessment (“EA”) filed 4/9/2019

Exhibit list
Exhibit 1 – Transcript LUC proceedings petition A05 757
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
Exhibit 24 – Archaeological and Cultural Assessment

OEQC Publication Form & Map

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