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HomeMy WebLinkAboutPD BACKGROUND REPORT (SPP-19-212) BMagireSPP.jma.6.12 2020 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT DEIRDRE AND BENJAMIN IMAGIRE SPECIAL PERMIT APPLICATION NO. 19-000212 (SPP 19-000212) DEIRDRE AND BENJAMIN IMAGIRE are requesting a Special Permit to allow the development of a chiropractic, acupuncture and massage clinic and related improvements on an approximately one-acre portion of a two-acre property situated in the State Land Use Agricultural District. The subject property is located at 16-214 Ilima Street, between 35th and 36th avenue, Orchid Land Estates, Kea'au, Puna, Hawaii,TMK: (3) 1-6-009:017. APPLICANT'S REQUEST 1. Request: The Applicants are applying for a Special Permit to develop a chiropractic, acupuncture and massage clinic and related improvements. According to the Applicants, the proposed use would allow two dwellings on the subject parcel, one for commercial operations of the clinic and one to be used as a residence. The first dwelling would be designed and constructed to meet commercial standards. The Applicants propose to use this structure as their residence while constructing the second dwelling on the subject parcel. Prior to obtaining a final inspection for the second dwelling,the Applicants propose to convert the first dwelling to the proposed clinic and commence commercial operations. Additionally, the Applicants propose to build a small detached structure that would serve as a massage treatment room.The Applicants' proposed site plan includes the following: • A 576-square foot dwelling that will obtain a change of use in order to be used as a clinic; and • A 150-square foot detached massage treatment room. • A dwelling that will be used as the Applicants' primary residence; • A compacted gravel parking area with four(4) regular parking stalls and one(1) ADA parking stall. 2. Staffmg/Employees: The Applicants anticipate two (2)to three(3) employees. 3. Hours of Operation: According to the Applicants, visits will be conducted by appointment. Normal hours for appointments will be between 8:00 a.m. and 5:30 p.m., Monday through Sunday. Normal business levels include 10-26 hours of appointments per week. 4. Clients: The Applicants anticipate an average of 15-20 clients per day with an expected maximum of 40 clients per day. 5. Construction Timetable/Estimated Cost: The Applicants propose to complete construction of all proposed structures within two (2)years of receiving all of the necessary planning and building permits.The estimated cost of all proposed structures is $150,000. 6. Supporting Information: Landowners of the subject property as listed by the County's Real Property Tax Division are Benjamin Aaron Brown Imagire and Deirdre Lumina Imagire. Mr. and Mrs. Imagire authorized the Applicants' representative, Zendo Kern, Planning Consultant, to apply for the Special Permit on their behalf. (Planning Department Exhibit 1 —Special Permit Application dated October 25,2019; Supplemental Information dated January 31,2020; Supplemental Information dated February 25, 2020). DESCRIPTION OF STATE & COUNTY PLANS 7. State Land Use District: Agricultural. 8. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Rural. 9. County Zoning: Agricultural (A-la). 10. Puna Community Development Plan(PCDP): The PCDP was adopted by the Hawaii County Council, Ordinance 08 116, on September 10, 2008.The subject property is not located within or near any village center. 11. Special Management Area(SMA): The subject parcel is not located within the SMA and is located approximately five (5)miles from the nearest coastline. 12. Coastal Zone Management, HRS 205A: The State of Hawai`i defines the coastal zone as the entire state, and therefore,the activities are subject to compliance with the State Coastal Zone Management(CZM) Program. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 13. Subject Property: The subject property consists of 2 acres,of which the proposed permit area is a 1-acre portion on the southeastern property line, fronting Ilima Street. The 2 subject property is rectangular and generally flat, and is currently vacant of any structures and improvements and is heavily vegetated. 14. Surrounding Land Uses/Zoning: Surrounding properties are zoned Ag-la and are also 2-acres in size, except for a 1-acre parcel to the northeast of the subject parcel. Surrounding properties are primarily agricultural and residential uses, with many parcels being vacant.The nearest dwelling is located directly opposite the subject property on Ilima Street. 15. Flood Insurance Rate Map (FIRM): The property is located within Zone X, an area determined by FEMA to be an area of minimal flood hazard. 16. USDA Soil Survey Report: Soils in this Project Area are classified as `Keaukaha' Series,described as highly decomposed plant material with 2 to 10 percent slopes; it is well drained with a high runoff. 17. Land Study Bureau's Overall Productivity Rating: "E"or"Very Poor". 18. Agricultural Lands of Importance to the State of Hawaii (ALISH): Unclassified. 19. Flora/Fauna Resources: According to the Applicants,no formal flora/fauna study has been conducted on the subject property or permit area. The property has been mostly overgrown by"cane"grass and other non-native species for years. Domestic animals such as cats, dogs,rats,mongoose and introduced bird species(such as dove,Japanese white-eye,house finch, and myna) are common in this area and are not considered endangered. Given its elevation,however, it would be possible to find the Hawaiian Hawk(P0) and the Hawaiian Owl(Pueo)in this area. However, due to the rural nature of the surrounding areas,it would be unlikely to find endangered animal life in this area. 20. Archaeological/Cultural/Historical Resources: According to the applicant, no formal archaeological studies have been done on the subject property. There are no known historic sites on the property as listed on the State or National Register of Historic Places. A request for review of the application was sent to State Historic Preservation Division (SHPD) as a part of this application process in October 2019. As of the date of this 3 writing the Planning Department has not received a response from SHPD. There are no known valued cultural,historical or natural resources exist on the property and no evidence of traditional and customary Native Hawaiian rights being practiced on the site. 21. Public Access: There is no known public access to the mountains or the shoreline that runs through the property. PUBLIC SERVICES AND FACILITIES 22. Access: Access to the subject parcel is proposed to come from Ilima Street, a private roadway consisting of an approximately 30-foot wide, two-lane graveled surface within a 40-foot wide right-of-way.The Applicants' site plan proposes a driveway with two connections to Ilima Street, in order to provide separate ingress and egress for vehicles. Proposed parking stalls are adjacent to Ilima Street.No improvements are proposed for Ilima Street. According to the Applicants, Orchid Land Road Association was consulted regarding driveway connections to Ilima Street and their only comment was to prefer driveways be surfaced in gravel,with no preference stated as to the number of driveways. 23. Traffic Impacts: The Applicants estimate that, on average,approximately 15 to 20 patients will access the site on a daily basis,or approximately 2 to 3 cars per hour. Traffic in the surrounding neighborhood is generally low and made up primarily by residents of the area. 24. Water: According to the Department of Water Supply(DWS),the subject parcel is not within the service limits of the Department's existing water system. The Applicants propose to use rainwater catchment tanks to supply non-potable and fire suppression water. 25. Wastewater: The subject property is not currently serviced by the County sewer system. According to the Applicants, wastewater will be disposed of via individual wastewater systems meeting the requirements of the State Department of Health(DOH). 26. Utilities: Electric and telephone services are available to the subject property. 27. Police, Fire and Medical Services: Police, Fire and Medical services are available 4 nearby in Pahoa. AGENCY COMMENTS 28. Department of Public Works,Building Division: (Planning Department Exhibit 2— November 19, 2019 Memo) 29. Department of Public Works, Engineering Division: (Planning Department Exhibit 3—December 11,2019 Memo) 30. Department of Water Supply: (Planning Department Exhibit 4—December 4, 2019 Letter) 31. State Department of Health: (Planning Department Exhibit 5—November 22,2019 Memo) 32. Department of Land and Natural Resources, Land Division: (Planning Department Exhibit 6-December 19, 2019 Letter) AGENCIES—NO COMMENT/CONCERN 33. Department of Environmental Management and Police Department. AGENCIES—NO RESPONSE 34. Fire Department, State Land Use Commission, State Office of Planning, State Department of Agriculture, and Department of Land and Natural Resources - State Historic Preservation Division, Orchid Land Community Association. PUBLIC COMMENTS 35. The Planning Department has received public testimony in support of the proposed request. 5 ZENDO KERN PLANNING CONSULTANT 194 Wiwoole St. Hilo,HI 96720 Phone: 808-333-4734 `> Email: info@zcndokern.com co October 25,2019 --4 0 LZ0 - t Mr.Michael Yee.Director =- v Planning Department COUNTY OF HAWAII %i T.. 101 Pauahi Street => • i Hilo,HI 96720 S • ., N Dear Mr.Yee: Z Subject: Special Permit Application Applicant: Deirdre and Benjamin Imagire Orchidland,Keaau,Hawaii.TMK: (3) 1-6-009: 017 Transmitted here within for your review and processing is the re-submittal of an application requesting a Special Permit for the above referenced applicants. The applicants are requesting a Special Permit that will allow a chiropractic and massage clinic on approximately one acre of the subject 2-acre parcel of land. The subject site is located off of Ilima Street,approximately 0.2 miles northwest of Ainaloa Boulevard, between 39 and 36th Avenue in Orchidland Estates. The subject land is zoned Agriculture 1-acre (A-Ia). If approved, the applicants plan to build two dwellings on the parcel—one dwelling for the commercial operations of the Chiropractic,Acupuncture and Massage Clinic and the other dwelling as a residence. A detached treatment room of approximately 150 square-feet is planned beside the first dwelling. The transmittal includes the a)twenty(20)sets of the application form and background/environmental report,which includes the location and proposed site plan;and b) a Real Property Tax clearance for the subject property. Please note that the original signed application,an original signed letter of authorization allowing my office to file the application on the landowners behalf and a list of surrounding property owners within five hundred(500)feet of the subject parcel were previously submitted to the Planning Department in conjunction with the original submission of this application. 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, ZENDO KERN Planning Consultant Enclosures Copy—Deirdre & Benjamin Imagire Planning Dept, Exhibit I SPECIAL PERMIT APPLICATION (N" COUNTY OF HAWAII PLANNING DEPARTMENT 2019 JUL4 02 LAKNiNG .11,11TMH:IT (Type or Print the requested information) COUIi OF LIIAtAI APPLICANT Deirdre and cBBeenniamin Im qire • APPLICANTS SIGNATURE:DRI( \Q f? A°, `/ DATE: 41047 ADDRESS: PO Box 492448. Keaau. HI 96749-2448 C r' V1 LIST APPLICANT'S INTEREST IF NOT OWNER: — : 3 TELEPHONE: (Bus.) 808-333-3393(Agent) (Home) (Fax) REQUEST: Special Permit to allow a Chiropractic and Massage Clinic on approximately one acre of the subject parcel of land TAX MAP KEY: (3) 1-6-009:017 ZONING: A-1a AREA OF PROPERTY/AREA OF REQUESTED USE 2 acres /approximately I acre LANDOWNER: Deirdre and Benjamin Imagire > LANDOWNER'S SIGNATUREW04h45/C ,�€ /TE: 3/10/11 (May letters LANDOWNER'S ADDRESS: p0 Box 492448. Keaau. HI 96749 AGENT: 7endn Kern Planning Cnnsnitant LLC ADDRESS: 194 Wiwonle St Hilo HI 96720 • TELEPHONE: (Bus.)808-333-3393 (Home) (Fax) Please indicate to whom original correspondence and copies should be seat to: • ORIGINAL Agent COPIES: Applicant 128706 Harry Kim l� „, ;• Deanna S.Sako Finance DemmerMayor er.•hy``yy. jR‘�-,,,,� ± •; Nancy Crawford Deputy Director County of Hawaii DEPARTMENT OF FINANCE-REAL PROPERTY TAX Aupuni Center • 101 Pauahi Street • Suite No.4 • Hilo.Hawaii 96720 • Fax(808)961.8415 Appraisers(808)961.8354 • Ckrical(808)961-8201 • Collections(808)961-8282 West Hawaii Civic Center • 74.5044 Me Keohokalole Hwy. • Bldg.D.2nd Fir. • Kailas Kona,Hawaii 96740 Fax(808)327-3538 • Appraisers(808)3234881 • Clerical(808)323-4880 Website:www.hawaiipropertytax.com REAL PROPERTY TAX CLEARANCE (Rev. 07/13) Date: October 22, 2019 TMK(s): (3) 1-6-009-017-0000 This is to certify that the real property taxes due to the County of Hawaii on the parcel(s) listed above have been paid for the tax year 2019-2020, up to and including June 30, 2020. The County's real property taxes are levied on July 1st each year. The taxes become a lien on the property assessed as of the levy date. This clearance was requested on behalf of IMAGIRE, BENJAMIN for the County Planning Department and is issued for this/these parcel(s) only. T. 2AJ By Theresa Eckert REAL PROPERTY TAX DIVISION Paid up to and including JUNE 30, 2020. Hawaii County is an Equal Opportunity Provider and Employer COUNTY BACKGROUND & ENVIRONMENTAL REPORT COUNTY SPECIAL PERMIT REQUEST BENJAMIN AND DEIRDRE IMAGIRE ORCHIDLAND, KEAAU, HAWAII TMK: (3) 1-6-009: 017 INTRODUCTION Benjamin and Deirdre Imagire ("applicants") are requesting a Special Permit that will allow for a Chiropractic, Acupuncture, and Massage Clinic on an approximate 1-acre portion of the 2-acre subject parcel of land. The subject site is located off of Ilima Street, approximately .2 miles northwest of Ainaloa Boulevard, between 35th and 36th Avenue in Orchidland Estates (Figure 1). The subject land is zoned Agriculture 1-acre(A-1a). . If approved, the applicants plan to build two dwellings on the parcel; one dwelling for the commercial operations of the Chiropractic, Acupuncture, and Massage Clinic and the other dwelling as a residence. A detached massage treatment room of approximately 150 square-feet is planned beside the first dwelling (Figure 2). At a time when the community of Puna is going through a crisis with the recent volcanic eruptions, housing and health concerns are crucial. Furthermore, in light of the volcanic activity and its consequences, support for small business, especially in Puna, is more paramount than ever. D. PROJECT DESCRIPTION 3A. Project Concept and Components As noted above, the Applicants wish to establish a Chiropractic, Acupuncture, and Massage Clinic(Clinic) on a portion of the subject property. The basic concept of the project would be to allow two dwellings on the parcel—one dwelling for the commercial operations of the clinic and the other dwelling as a residence. The first dwelling, if approved, would be designed and constructed to meet the required standards for commercial use. This dwelling would be occupied for residential use at first(Figure 3). No clinic practice will occur on site until the second dwelling is completed. While living in the first dwelling, a second dwelling towards the rear of the property would be constructed to be the applicants' primary residence. Prior to final inspections for the second dwelling, the first dwelling would be converted to the Clinic operations and the residential use would cease, including removal of the kitchen from 'e, : , S ie tyl a a ef 'Ji'i ilj6��' ''1N i . i a...ii m ml & r ao b m`i {' i6i'i ti , : e Sst{E3i 1 F } S.ei y4.1 C• li e -m - t'J4 tmi Milan i ^ri ei .i t__ .° — I ex 0 iii illy. i e�li©_ .,. �i 1 I ........Th m.ei if 4 i1 ,eo-ra.•zml > ` SINS 1 m e-A 1 } e ,!II e1 ii. 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Figure 1 • 232.32' Illy k C F ^ MAIN T� DWELLING loco, A it ng v<' BENJAMIN AARON BROWN IMAGIREoFINEWAY and DEIRDRE LUMINA IMAGIRE to T.M.K.: (3) 1-6-009: 017 ,# POR.ORCHID LAND ESTATES,KEAAU,PUNA,HAWAII .1 a :ii I n LOT AREA 2.000 ACRES000 i II TRATN4NT I RI ` � OFFICE ,�>� l f . san sre' -1.',..;..fc.' 1 a� CONCEPTUAL SITE PLAN I �� 1 -0" SCALE' 1"=40' ' qPN ky 232.32' (LIMA STREET Figure: 444 i . MIH Y BEDROOM 4 m LIVING ROOM 1 In 4 p p A KITOHE __ _ 4 s'-a^ o - ! BATHROOM p t 4 : u p 01 Via; q '._a 'e i 4 •� COVERED ENTRY LANAI m a _ T ' 24P-CO i F:y 3 the clinic building.A detached small structure, of approximately 150 square-feet, may be added to serve as a massage treatment room. The applicants respectfully request the following elements be allowed in the Special Permit: 1) Proposed hours of operation: The business is conducted by appointment. Normal hours for appointments will be between 8:00 AM and 5:30 PM, Monday through Sunday. Normal business levels include 10-26 hours per week of appointments. 2) Proposed number of visits/clients per day: An average of 15 to 20 clients per day are anticipated with an expected maximum of 40 clients per day. 3) Proposed number of parking stalls: Four parking stalls plus 1 ADA compliant parking stall are planned for the clinic. 4) Proposed staff: Two to Three staff are anticipated. The construction of the first dwelling is anticipated be done by January 2020. The 21° dwelling is planned to be completed within two years after that, as budget allows. The estimated cost of construction of the first dwelling is $75,000 (excepting clearing, septic and catchment). The second dwelling will have a similar cost. This area is not served by a County sewer system so new construction will be required to provide an Individual Wastewater System meeting the requirements of the Department of Health designed by a civil engineer who is licensed by the State of Hawaii. 3B. PROJECT LOCATION As noted earlier, the subject site consists of an approximate 1-acre portion of the 2-acre parcel identified by TMK: (3) 1-6-009: 017.The subject site is located off of(lima Street, approximately .2 miles northwest of Ainaloa Boulevard, between 35th and 36Th Avenue in Orchidland Estates (Figure 1). The 2-acre parcel is rectangular shaped and is currently mostly covered in vegetation. The subject 1-acre portion of the parcel sits at approximately 525 ft of elevation. Presently there are no structures on the site. The remaining 1-acre, at the rear of the property will be used as the Applicants principal residence. 2 3C INSTITUTIONAL CONSIDERATIONS State Land Use The subject property is designated State Land Use Agriculture and the special permit will consist of approximately 1-acre of land. As such, no State Land Use Commission action is required. The County of Hawaii can process the special permit request. Special Management Area The subject property is approximately 5 miles from the coast and outside of the SMA. County Zoning and General Plan The County zoning of the subject site is Agriculture 1 acre (A-la). The County General Plan Land Use Pattern Allocation Guide (LUPAG) map, if scaled, designates subject portion of the parcel as Rural. According to the General Plan, allowable uses within the Rural Designation, with appropriate zoning, may include "commercial facilities that serve the residential and agricultural uses in the area, and community and public facilities." Relative to this designation, the General Plan allows consideration for"a Special Permit"on agriculture land where the requested use meets certain criteria as outlined in section 4 of the permit application and chapter 205 of the Hawaii Revised Statutes as amended. The subject parcel is located within the State Land Use designation agriculture. Based on the Land Study Bureau Overall Master Productivity Ratinq the subject portion of the parcel is classified as E, or very poor. Under the Agriculture Lands of Importance to the State of Hawaii (ALISH) classification system, the subject site is unclassified. The U.S. Department of Agriculture Soil Conservation Service has designated the soil type for the subject site as Keaukaha highly decomposed plant material with 2 to 10 percent slopes; it is well drained with a high runoff class. The farmland classification is"not prime" and the mean annual precipitation is 120 to 150 inches. The parcel is generally flat, sitting at approximately 525 feet elevation with a slight slope down in a northeasterly direction. There are no perceptible topographic or geologic constraints. 3 General Plan Discussion The Hawaii County General Plan serves as a guide for decision- makers in land use matters. The proposed project is conducive to the General Plan's guidelines as it conforms to the following goals, policies and standards of the General Plan: 2.2 Goals (a) Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. (d) Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. 2.3 Policies (p) Identify the needs of the business community and take actions that are necessary to improve the business climate. (x) Encourage the health/wellness industry. 9.2 Goals (1) Seek sufficient production of new affordable rental and fee- simple housing in the County in a variety of sizes to satisfactorily accommodate the needs and desires of families and individuals. (f) Encourage and expand home ownership opportunities for residents 14.1.2 Goals (a) Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. 14.1.3 Policies (0 Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment 4 14.1.4 Standards (b) Zoning requests shall be reviewed with respect to General Plan designation, district goals, regional plans, State Land Use District, compatibility with adjacent zoned uses, availability of public services and utilities, access and public need Approval of the requested Special Permit would be in line with the aforementioned economic and housing goals, policies and standards of the General Plan by facilitating the applicants' housing and employment needs. Also, the applicants' request conforms to the aforementioned land use elements of the General Plan. Although the County zoning of the subject parcel and surrounding parcels is Agricultural, these parcels are further defined by their LUPAG designation as Rural, As such,the proposed project would be consistent with the general residential nature of the area. Further, the Rural designation, which according to the General Plan allows, with a Special Permit, "commercial facilities that serve the residential and agricultural uses in the area, and community and public facilities," would allow for such a clinic. Since the Land Study Bureau Overall Master Productivity classification of the subject parcel is E, or very poor, the parcel's agricultural value is limited, making a commercial/community facility a more viable option for the landowners. Puna Community Development Plan The Puna Community Development Plan (PCDP) attempts to further define the General Plan and serves as a guide for decision- makers. Based on the Puna Community Development Plan's goals and objectives, the proposed project is conducive for the Puna community as it conforms to the following goals of the PCDP: 3.1.1 Goals a. Puna retains a rural character while it protects its native natural and cultural resources. b. The quality of life improves and economic opportunity expands for Puna's residents. c. Services and community facilities are more accessible in village/town centers that are distributed throughout the region, 5 including the underserved subdivisions that have been experiencing higher levels of development growth. 3.3 SOCIAL SERVICES AND HOUSING Social services include not only programs to provide assistance to special needs populations, but also health and medical facilities to serve the entire community. "Medical facilities", in this instance, does not apply to County emergency paramedical services, which are covered in the following Section 3.4. With a growing population, Puna clearly needs more social and health care services within the district. Yet, there are two major challenges to making them accessible to residents: a. As a rural area with a rudimentary transportation system and dispersed population, it is difficult for residents in need to reach the services; and b. Puna's high percentage of low-income residents tends to increase the need for social services, yet discourages private health care providers from locating in Puna due to insurance issues. The proposed Clinic meets the criteria outlined above. The PCDP does make an effort to keep new growth within the village town center, however this Special Permit request would allow for a small- scale family owned and operated health facility that could potentially be more conveniently located to serve residents within the surrounding rural area. Further, with the volcanic activity affecting the Pahoa Village businesses and causing a substantial amount of lost revenues, it is essential to help our local businesses grow and succeed. This request is to allow for a small, local, family-run business to be developed and operated with the intention of improving the health of the community. In addition, it will also increase property tax revenues at a time when an impending budget crisis looms due to the loss of property values affected by the lava flows. The request is not for a change of zone allowing many different possible uses. The conditions of the Special Permit will limit the operations to what is defined within the Special Permit request. Based on the above, it would seem logical to allow the proposed use on the property by way of a Special Permit. 6 3D SURROUNDING ZONING AND LAND USES The subject parcel consists of 2 acres; the applicant wishes to obtain a permit to use the 1-acre portion of the parcel that is on the southeastern side, fronting Ilima Street.The parcel is zoned A-la within the State Land Use Agriculture District.The surrounding parcels in all directions are also zoned A-la and are also all 2- acres in size with the exception of one 1-acre parcel to the northeast of the subject site. 3E FLOOD INSURANCE RATE MAP The US Corps of Engineers' Flood Insurance Rate Map (FIRM) designates the area of the proposed development to be in Zone X (areas outside of 500-year flood). There are no drainage ways through the site. Accordingly, the site has not been and should not be subject to flooding. 3F ARCHAEOLOGICAL RESOURCES No commissioned archaeological survey of the site has been made. The distance to the coastline and lack of native resources in the area makes early habitation unlikely. However, if needed, an archaeological monitoring plan can be prepared and implemented in conjunction with further 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 DLNR and secure their clearances before proceeding further. 3G FLORAL AND FAUNAL RESOURCES Although there was no professional survey conducted of the floral and faunal resources of the site, the applicant does not believe that rare or endangered floral or faunal resources are likely to be found within or proximate to the subject site. The subject site is geologically and ecologically very young, having little time to develop a complex native forest. The site has been overgrown by"cane" grass and non-native species for years, which is true of the majority of surrounding properties as well. Further, the rural nature of the surrounding areas would make it less likely to find endangered animal life in this area. Given its elevation, 7 however, it would be possible to find the Hawaiian Hawk (Po) and the Hawaiian Owl (Pueo). In addition, introduced bird species (such as dove, Japanese White-eye, house finch, myna) are common In this area. Domestic animals such as cats and dogs, and other animals like rats and mongoose are also common. These are all common and not endangered. As such, it is unlikely that the development of the subject property would cause any adverse faunal impacts. 3H Valued Cultural Resources In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai 0 Ka'Aina"decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated traditional and customary practices of this site. In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, fishing and/or coastal access is not an issue. It is not known whether the subject property or immediate surrounding area have ever been used for the gathering of plants by native Hawaiians. However, it would appear very unlikely that the site would serve such purpose today and/or in the recent past. There are also no known archaeological features on the subject property. 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 this area. 31 PUBLIC ACCESS The subject parcel is located approximately 5-miles from the shoreline. As such, no public access will be affected by this request. 3J DESCRIPTION OF ACCESS The subject parcel is accessed via (lima Street, part way between 35th and 36th Avenue in Orchidland Estates.Vehicles will have a s clear ingress and egress into the proposed parking stalls from Ilima Street. Based on the existing conditions of Ilima Street, it appears no improvements would be required for the proposed use. 3K TRAFFIC IMPACTS The proposed project is located on (lima Street, a side street between 35th and 360 Avenue approximately .2 miles from Ainaloa Boulevard. Traffic in this area is generally low and made up primarily by residents of the area. The proposed use would generate an increase in traffic to the subject site, however the increase would be very minimal. As noted above, the applicant anticipates approximately 15 to 20 patients per day during the hours of operation. This equates to roughly 2 to 3 cars per hour. This level of traffic is no different than residential levels with the exception of a slightly greater frequency. The Orchid Land Road Association was also consulted regarding driveway connections to (lima Street. Their only comment was to prefer driveways be surfaced in gravel,with no regulation as to number of driveways. 3L AVAILABILITIES OF UTILITIES HELCO and Hawaiian Telcom both serve the subject parcel. There is no County Water in the area. The applicant intends to use water catchment storage systems for non-potable water and fire protection. According to the rainfall atlas for Hawaii Island, the subject site receives 130 to 150 inches of rain annually, which is adequate for rain catchment systems. REGULATORY ANALYSIS 4A The granting of this request would promote the effectiveness and objectives of Chapter 205, Hawaii Revised Statutes as amended. The proposed use is not contrary to Chapter 205A, Coastal Zone Management as the subject parcel is approximately five miles from the shoreline. There are no public access, scenic or open space resources on the subject site. 4B The desired use shall not adversely affect the surrounding properties. There are few homes approximate to the subject site and many of the properties in the area are overgrown by non-native species creating a natural buffer. All patrons will park onsite in parking stall provided by the applicant. Based on the number of patrons and frequency of visits, the proposed request will not generate a substantial increase in traffic. 9 Additionally, based on the proposed hours of operation, the requested use will not interfere with morning school and work traffic.Traffic in the afternoon would essentially be similar to common residential traffic. Further, the applicants' business is very quiet by nature and will not cause a nuisance to the surrounding community regarding sound. The applicant will comply with residential sound levels which will help maintain the existing conditions of the community. Lastly, visual impacts will be very minimal. Although a portion of the lot will need to be cleared for construction, the applicants intend to provide landscaping so as maintain visual effects that are consistent with the rural neighborhood. 4C The proposed clinic will not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage, school improvements, and police and fire protection as all services exist reasonably proximate to the property.The subject site is already accessible via (lima Street and no additional utilities will need to be provided by public agencies. There is already a Fire and Police Station approximately 3 miles from the subject site.Also, Pahoa High, Intermediate and Elementary Schools are approximately 5 miles away along with several other public charter schools. 4D Unusual conditions, trends, and needs have arisen since the district boundaries and regulations were established. The population of the Puna district has risen over the past years; services and job opportunities have not.Allowing a Special Permit to conduct a small, family owned and operated clinic will provide the land owners with employment and provide health services in closer proximity to the growing rural population of the Orchidland Subdivision. Further, traffic on Hwy 130 going to Hilo is becoming an increased concern for many residents; having more options within the general location will ease the burden on traffic to and from Hilo. Lastly, the Pahoa area has been growing over the past decades and continues to be in desperate need for a variety of services. This special permit request addresses a specialized segment of the needed service options available in Pahoa. 4E The land upon which the clinic would be located is unsuitable for agricultural uses given its soil classification.The soil is classified as E, or very poor with Land Study Bureau making it undesirable for commercial agriculture. Although the property falls under the State Land Use District Agriculture, the nature of the area is more 10 accurately depicted by its LUPAG designation as rural. Thus, a residence with a small family owned and operated business serving the local community would be a suitable use of the land which otherwise would be unlikely to be successfully used for agriculture due to its poor soil quality. 4F The proposed use will not substantially alter or change the essential character of the land and the present use. By allowing the applicant to build their home and business, they will utilize a parcel of land that would otherwise be overgrown by invasive species. As the soil quality of the land is very poor, it is unlikely that the property would be successfully used for agriculture. Thus, the proposed use would utilize the land to its highest and best use thereby meeting the criteria of this section. 4G The proposed use will not be contrary to the goals, polices, and standards of the General Plan and other applicable documents such as the Puna Community Development Plan. The General Plan states under Economic goals 2.2A, "Provide residents with the opportunity to improve their quality of life through economic development that enhances the county's natural and social environments", and 2.2B "Economic development and improvements shall be in balance with the physical, social, and cultural environments of the Island of Hawaii". In addition, it states under 2.2E Economic Goals, "Strive for an economic climate that provides its residents an opportunity for choice of occupation". The proposed request clearly meets the goals of the GP outlined above. The proposed clinic will provide an opportunity for the land owners to be self-employed in a manner that serves the health and wellness of their community, providing a convenient location for many residents of Puna to seek chiropractic, acupuncture, and massage services. The Puna Community Development Plan (PCDP) attempts to further define the General Plan and serves as a guide for decision- makers. Based on the Puna Community Development Plan's goals and objectives, the proposed project is conducive for the Puna community as it conforms to the following goals of the PCDP: 3.1.1 Goals a. Puna retains a rural character while it protects its native natural and cultural resources. b. The quality of life improves and economic opportunity expands for Puna's residents. a Services and community facilities are more accessible in village/town centers that are distributed throughout the region, including the underserved subdivisions that have been experiencing higher levels of development growth. 3.3 SOCIAL SERVICES AND HOUSING Social services include not only programs to provide assistance to special needs populations, but also health and medical facilities to serve the entire community. "Medical facilities", in this instance, does not apply to County emergency paramedical services, which are covered in the following Section 3.4. With a growing population, Puna clearly needs more social and health care services within the district. Yet, there are two major challenges to making them accessible to residents: c. As a rural area with a rudimentary transportation system and dispersed population, it is difficult for residents in need to reach the services; and d. Puna's high percentage of low-income residents tends to increase the need for social services, yet discourages private health care providers from locating in Puna due to insurance issues. The proposed Clinic meets the criteria outlined above. The PCDP does make an effort to keep new growth within the village town center, however this special permit request would allow for a small scale health facility that could potentially be more conveniently located to serve residents within the surrounding rural area. Further, with the volcanic activity affecting the Pahoa Village businesses and causing a substantial amount of lost revenues, it is essential to help our local businesses grow and succeed. This request is to allow for a small, local, family-run business to be developed and operated with the intention of improving the health of the community. In addition, it will also increase property tax revenues at a time when an impending budget crisis looms due to the loss of property values affected by the lava flows. The request is not for a change of zone allowing many different possible uses. The conditions of the Special Permit will limit the operations to what is defined within the Special Permit request. Based on the above, it would seem logical to allow the proposed use on the property by way of a Special Permit. 414 The proposed use is an unusual and reasonable use of the land, which would not be contrary to the objectives to be sought by the Land Use Law and Regulations, which, for the Agriculture and Rural Districts, seek to preserve or keep the land of high agriculture i2 potential in agriculture usage. As noted earlier the site is classified by the Land Study Bureau as E, or very poor, and is unclassified under ALISH. The proposed use will allow a parcel of land unsuitable for agriculture related purposes to be utilized to provide housing and employment to the landowners while at the same time serving the health and wellness of the surrounding Puna community. In conclusion, the proposed Special Permit request would provide Puna with additional health services without burdening public agencies or the surrounding community. 13 ZENDO KERN PLANNING CONSULTANT 194 Wiwoole St. Hilo, HI 96720 Phone: 808-333-4734 Email: info@zendokern.com January 31,2020 Mr. Michael Yee, Director C o Planning Department COUNTY OF HAWAII - - 101 Pauahi Street - `-r Hilo, HI 96720 O = 3 Dear Mr. Yee: - ... 2. o Subject: Attn: Christian Kay 0 Special Permit Application (SPP 19-000212) Applicant: Deirdre and Benjamin Imagire Orchidland, Keaau,Hawaii,TMK: (3) 1-6-009: 017 Transmitted here within for your review and processing is the supplemental information previously requested by your office regarding the subject application. 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. Sincerel ZENDO KERN Planning Consultant Enclosures Copy-Deirdre & Benjamin Imagire 131046 ZENDO KERN PLANNING CONSULTANT 194 Wiwoole St. Hilo, HI 96720 Phone: 808-333-4734 Email: info@zendokem.com January 28, 2020 Mr. Michael Yee, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Yee: Subject: Special Permit Application Applicant: Deirdre and Benjamin Imagire Orchidland, Keaau, Hawaii,TMK: (3) 1-6-009: 017 Pursuant to our conversations regarding the above Special Permit Application please see the following clarifications and supplemental information. The applicants are requesting a Special Permit that will allow a chiropractic,acupuncture and massage clinic on approximately one acre of the subject 2-acre parcel of land. The subject site is located off of llima Street, approximately 0.2 miles northwest of Ainaloa Boulevard, between 356 and 369' Avenue in Orchidland Estates. The subject land is zoned Agriculture l-acre If approved, the applicants plan to build two primary structures and one small accessory structure on the subject parcel. Plans include: • Build one structure to commercial standards, initially to be used as a dwelling. • After construction of the first structure is completed and as funds allow, the primary dwelling will be permitted and built on the back of the subject property. • The first structure will be converted to clinic use prior to occupancy of the primary dwelling. • A small detached structure, of approximately 150 square-feet,may be added beside the clinic building to serve as a massage treatment room. The special permit is sought to allow the design of the first structure to comply with commercial standards and allow the initiation of a building permit for the primary residence, while the first structure is used temporarily as a dwelling. Prior to occupancy of the primary dwelling, residential use of the first dwelling will cease, and it will be converted to clinic use. At no point will the residential use and clinic use of the first structure occur simultaneously. Also, at no point will two dwellings be in simultaneous use on the subject property. The applicants expect to complete all project improvements within five years of approval. ZENDO KERN PLANNING CONSULTANT 194 Wiwoole St. Hilo, HI 96720 Phone: S08-333-4734 Email: info@zendokem.com Discussion of the proposed project's conformance to the goals and policies of the Puna Community Development Plan(PCDP) was included in section 3C of the County Background & Environmental Report, however, supplemental discussion follows. Under 3.1A(a) Goals, the PCDP states Services and community facilities are more accessible in village/town centers that are distributed throughout the region. Including the underserved subdivisions that have been experiencing higher levels of development growth. To this end the PCDP recommends land pooling,enhancing the roles of existing village/town centers and creating new village/town centers. However,to date,these objectives have largely not been met. Instead of waiting for the potential future development of increased commercial space in existing town centers or the creation of new town centers, this Special Permit request would allow for a small-scale family owned and operated health facility that could potentially be more conveniently located to serve residents within the surrounding rural area. 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, ZENDO KERN Planning Consultant Enclosures Copy — Deirdre& Benjamin tmagire Kay, Christian 2020 !`IMF From: John Pipan <john@zendokern.com> Sent Tuesday, February 25, 2020 8'15 A1kt To: Kay, Christian .f a .i t7 i Wild Subject: Imagine SPP Floor Plans TMK. 1-6-009: 017 Attachments: IMAGIRE CLINIC FLOOR PLAN.pdf, IMAGIRE DETACHED TREATMENT ROOM FLOOR PLAN.pdf; Imagine SFR Concept.pdf - - Aloha Christian, Please see attached floor plans for the planned structures on the above referenced Special Permit. • Let me know if you have any questions. Best, John Pipan Land Use Administrator Kern &Associates Ph: 808-333-3393 KERN &ASSOCIATES 131870 ,A-,O£ r 00-,al ..0-,b .,0-,9 J Q in 1. L O U Iii O O u 1 .. _. 0 I- O f � y Q wre \ S � 0 m r `J r o ,9 3a 1z o n z 6. .O-.9 Q n 2 tu a '..o-.£ ' 66 _ 1 O \ a < p U l ii c �• f K Q N tZ p1 Ix n • .,b-.51 „6-,8 -- __ .,0-.bt ,.0-.9 ..O-O£ PROPOSED CLINIC FLOOR PLAN io'-o° araearci 0 ,- TREATMENT ROOM 3. DETACHEDTREATMENT ROOM CONCEPTUAL FLOOR PLAN cnl y V 6, j � H 04' BUILDING DIVISION - DPW . l /f COUNTY OF HAW AI'1-74-5614 Ane Keohokalnle HWY, BLDG E P'Floor KAILUA-KONA, HI 96740 ,R e. ^ ' Hilo Off¢e(808)961-8331 *Fax(808)961-8410 Kona Office(808)323-4720 * Fax(808)327-3509 • Date of Notice: November 19,2019 - `a Owner: Dierdre& Benjamin Imagiare , Mailing address: P.O. Box 492448, - _ ^' <' Address location of property: o 3 SUBJECT: Special Permit Application (SPP 19-000212) - r,> T.M.K.: 1-6-009: 017 - z '84 This is to inform you that our records on file, relative to the status of the subject,discloses that: —I ❑ No Building permit was issued for work done on the premise. ❑ No building permit was issued for the change of occupancy. ❑ At the time of completion.the subject complied with all building regulations that were in effect. ❑ Variance from any building regulation(Building, Electrical, Plumbing,or Sign)was/was not granted. ❑ The following violation(s)still outstanding: . ❑ Building ❑ Electrical ❑ Plumbing ❑ Sign ❑ Others: (See Below) ❑ No Objections The proposed use was not provided so a decision cannot be recommended.The use of a dwelling as a business would not be acceptable as shown. Conversion to a business use would require a -Change of Use application and compliance with the Building Code(Chapter 5)along with compliance with the American with Disabilities Act(ADA) including parking, signage, path of travel, thresholds, clearances,etc.The Bathroom Shower would be required to be accessible and include a changing area and the water closet centerline and clearances would be based on the ADA and not the residential code. Kitchens and cabinets may require compliance with the State Department of Health and County Fire Department codes and regulations. Shou . you hav- . questions regarding matters contained herein,please feel free to contact us. Planning Dept. I Exhibit Neil Erickson, Plans Examining Manager County of Hawaii Department of Public Works Building Division 129692 BD-10 DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: December 11, 2019 ryyent__- -J_ TO: Michael Yee, Planning Director FROM: fi3r.. Department of Public Works, Engineering Division SUBJECT: SPECIAL PERMIT APPLICATION (SPP 19-000212) Applicant: Dierdre & Benjamin Imagiare Request: To Allow a Chiropractic& Massage Clinic and Related Improvements TMK: 1-6-009:017 We have reviewed the subject application forwarded by your memo dated November 19, 2019 and provide the following comments: 1. All earthwork activity, including grading, grubbing and stockpiling, shall conform to Chapter 10, Erosion and Sedimentary Control, of the Hawaii County Code. 2. All development-generated runoff shall be disposed of on site and not directed toward any adjacent properties. A drainage plan may be required by the Plan Approval process in accordance with Section 25-2-72(3) of the Hawaii County Code. 3. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500-year floodplain. Questions may be referred to Bryce Harada at 961-8042. Planning Dept. Exhibit County of Hawaii is an Equal Opportunity Provider and Employer /�B�leep •\ ."s DEPARTMENT OF WATER SUPPLY • COUNTYOFHAWAI'I 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720 TELEPHONE(808)961-8050 • FAX(808)961-8657 December 4, 2019 in -n - o TO: Mr. Michael Yee, Director - n Planning Department a FROM: Keith K. Okamoto, Manager—Chief Engineer SUBJECT: Special Permit Application (SPP 19-000212) - -� w Applicant—Dierdre and Benjamin Imagiare Request—To Allow a Chiropractic& Massage Clinic and Related Improvements Tax Map Key 1-6-009:017 We have reviewed the subject application and have the following comments and conditions. Please be informed that the subject property is not within the service limits of the Department's existing water system facilities. Therefore, the Department's existing water system facilities cannot support the proposed project at this time. Extensive improvements and additions,which may include, but not be limited to source, storage, booster pumps. transmission, and distribution facilities. would be required. Should there be any questions, please contact Mr. Troy Samura of our Water Resources and Planning Branch at 961-8070, extension 255. Sincerely yours. Keith K. Okamoto. P. . Manager—Chief Engineer TS:dfg copy -- Mr. Benjamin and Ms. Dierdre Imagiare Planning Dept. Exhibit . . . Water, Our Most Precious Resource. . . Ra WaiA pane. . . 1 2 9 i 4 0 The Department of Vealer Supply a.an Equal Opportunity provider and employer. Mori, Ashley • From: Nakamura, Darlene K <darlene.k.nakamura@hawaii.gov> • Sent: Friday, December 20, 2019 8:54 AM To: Planning Internet Mail • Subject: Request for Comments - SPP 19-000212 - Dierdre & Benjamin Imagiare • Attachments: Imagiare 12.19.19.pdf Attached are comments from the Hawaii Department of Land and Natural Resources to the above-entitled subject project. •J 3 • Planning Dept Exhibit �. 1 130002 no.wn'Rona RESOURCES GOSLMYNE D.CASE VERNOR OF{E Rhe �% -CONIMISSIONO;WATER RESO,RCE ( I�C I STATE OF HAWAII \`A^s'� DEPARTMENT OF LAND AND NATURAL RESOURCES ✓xP LAND DIVISION POS I OFFICE BOX 621 HONOLULU,HAWAII 96809 December 19, 2019 County of Hawaii Planning Department Attention: Mr. Christian Kay via email: planninn(Whawaiicountv.gov 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Kay: SUBJECT: Special Permit Application (SPP 19-000212) — Request to Allow a Chiropractic & Massage Clinic and Related Improvements located at 16-214 (lima Street, Por. Orchid Land Estates, Keaau, Puna, Island of Hawaii; TMK: (3) 1-6-009:017 on behalf of Dierdre & Benjamin Irnagiare Thank you for the opportunity to review and comment on the subject matter. The Land Division of the Department of Land and Natural Resources (DLNR) distributed or made available a copy of your request pertaining to the subject matter to DLNR's Divisions for their review and comments. At this time, enclosed are comments from the (a) Engineering Division, (b) Division of Forestry & Wildlife, and (c) Land Division — Hawaii District on the subject matter. Should you have any questions, please feel free to contact Darlene Nakamura at (808) 587-0417 or email: darlene.k.nakamuraahawaii.eov. Thank you. Sincerely, '7, 1 ' / ussell Y.Tsuji Land Administrator Enclosures cc: Central Files • DAVID Y CH"R"SLIri ICE nfnISOAlt0 OF AVDANDN RFSIMIRCLS MaO. CO3WISSiON ON 0110 STATE OF HAWAII DEPART MIEN f OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU,IIAWAII 96F09 November 26, 2019 MEMORANDUM DLNR Agencies: A _Div. of Aquatic Resources `/, ,1O \ Div. of Boating &Ocean Recreation K X Engineering Division \ ` X Div. of Forestry&Wildlife _Div. of State Parks X Commission on Water Resource Management Office of Conservation & Coastal Lands X Land Division—Hawaii District X Historic Preservation F O Russell Y. Tsuji, Land Administrator SUBJECT: Special Permit Application (SPP 19-000212)— Request to Allow a Chiropractic& Massage Clinic and Related Improvements LOCATION: 16-214 (lima Street, Por. Orchid Land Estates, Keaau, Puna, Island of Hawaii; TMK: (3) 1-6-009:017 APPLICANT: County of Hawaii on behalf of Dierdre& Benjamin Imagiare Transmitted for your review and comment is information on the above-referenced subject matter. Please submit comments by December 16, 2019. If no response is received by this dale, we will assume your agency has no comments. If you have any questions about this request, please contact Darlene Nakamura at 587-0417 or by email at darlene.k.nakamura(&i7hawaii.gov. Thank you. ( ) We have no objections. ( ) We have no comments. ( / ) Comments 're attached. /Signed: L ilii ' Print Name: C4, " S. 'k"• a< , Chief Engineer Date: if/2 i1 /(7, Attachments cc: Central Files DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/Russell Y. Tsuji Ref: Special Permit Application (SPP 19-000212)—Request to Allow a Chiropractic & Massage Clinic and Related Improvements Location: 16-214 Ilima Street, Por. Orchid Land Estates,Keaau,Puna, Island of Hawaii TMK(s): (3) 1-6-009:017 Applicant: County of Hawaii on behalf of Dierdre& Benjamin Imagiare COMMENTS The rules and regulations of the National Flood Insurance Program(NFIP),Title 44 of the Code of Federal Regulations (44CFR), are in effect when development falls within a Special Flood Hazard Area(high risk areas). State projects are required to comply with 44CFR regulations as stipulated in Section 60.12. Be advised that 44CFR reflects the minimum standards as set forth by the NEW. Local community flood ordinances may stipulate higher standards that can be more restrictive and would take precedence over the minimum NFIP standards. The owner of the project property and/or their representative is responsible to research the Flood Hazard Zone designation for the project. Flood Hazard Zones are designated on FEMA's Flood Insurance Rate Maps (FIRM), which can be viewed on our Flood Hazard Assessment Tool (FHAT) (http://gis.hawaiinfip.org/FHAT). If there are questions regarding the local flood ordinances, please contact the applicable County NFIP coordinating agency below: o Oahu: City and County of Honolulu, Department of Planning and Permitting (808) 768-8098. o Hawaii Island: County of Hawaii, Department of Public Works (808) 961-8327. o Maui/Molokai/Lanai County of Maui, Department of Planning (808) 270-7253. o Kauai: County of Kauai, Department of Public Works (808) 241-4896. n I Signed: Ll- Y S. G,CHIEF ENGINEER Date: DAVID Y.IGE _ '- BRUCE S.ANDERSON PhD. GOVERNOR OF HAWAII �� DIRECTOR OF HEALTH . i• D-1 a+ STATE OF HAWAII DEPARTMENT OF HEALTH PO.BOX 916 HILO,HAWAII 90121-0916 pY co MEMORANDUM - '_ n DATE: November 22,2019 TO: Mr. Michael Yee _ CD Planning Director,County of Hawaii z a /''' FROM: Eric Honda eft District Environmental Health Program Chief SUBJECT: Special Permit Application(SPP-19-000212) Applicant: Dierdre& Benjamin Imagiare Request: To Allow a Chiropractic& Massage Clinic and Related Improvements TMK: 1-6-009:017 The applicant would need to meet the requirements of our Department of Health Air Pollution Rules. Chapter 60.1,Title 11, State of Hawaii for fugitive dust control. If there is need to discuss these requirements, please contact our Clean Air Branch staff at Ph. 933-0401. Public Water Systems: The Department of Health's Safe Drinking Water Branch authority on drinking water quality is based on the definition of a"public water system." Federal and state regulations define a public water system as a system that serves 25 or more individuals at least 60 days per year or has at least 15 service connections. All public water system owners and operators are required to comply with Hawaii Administrative Rules, Chapter 11-20 (HAR 1I- 20), and titled"Rules Relating to Public Water Systems". All public water systems are regulated by the Department of Health and shall be in compliance with the Hawaii Administrative Rules, Title 11,Chapter 20. Recommend the subdivision lots be connected to an existing public water system. Concerns on water quality for lead,copper, algae and microbiological and chemical contaminations in private water systems have identified the need for self monitoring. The Department of Health does not support the use of these private rain catchment systems for drinking purposes since the quality may not meet potable water standards. All new public water systems are required to demonstrate and meet minimum capacity requirements prior to their establishment,per HAR 11-20-29.5, titled"Capacity Demonstration and Evaluation." This requirement involves demonstration that the system will have satisfactory technical, managerial and financial capacity to enable the system to comply with safe drinking water standards and requirements. Planning Dept. 129550 Exhibit 5 fl Michael Yee November 22, 2019 Page 2 of 6 Projects that propose development of new sources of potable water serving or proposed to serve a public water system must comply with the terms of HAR 11-20-29. This section requires that all new public water system sources be approved by the Director of Health(Director) prior to its use. Such approval is based primarily upon the submission of a satisfactory engineering report which addresses the requirements specified in HAR 11-20-29. The engineering report must identify all potential sources of contamination and evaluate alternative control measures which could be implemented to reduce or eliminate the potential for contamination, including treatment of the water source. In addition, water quality analyses for all regulated contaminants, performed by a laboratory certified by the State Laboratories Division of the State of Hawaii,must be submitted as part of the report to demonstrate compliance with all drinking water standards. Additional parameters may be required by the Director for this submittal or additional tests required upon his or her review of the information submitted. Alt sources of public water system sources must undergo a source water assessment which will delineate a source water protection area. This process is preliminary to the creation of a source water protection plan for that source and activities which will take place to protect the source of drinking water. Projects proposing to develop new public water systems or proposing substantial modifications to existing public water systems must receive construction plans approval by the Director prior to construction of the proposed system or modification in accordance with HAR 11-20-30, titled "New and Modified Public Water Systems". These projects include treatment, storage and distribution systems of public water systems. The approval authority for projects owned and operated by a County Board or Department of Water or Water Supply has been delegated to them. All public water systems must be operated by certified distribution system and water treatment plant operators as defined by HAR 11-25 titled,"Rules Pertaining to Certification of Public Water System Operators". All projects which propose the use of dual water systems or the use of a non-potable water system in proximity to an existing potable water system to meet irrigation or other needs must be carefully design and operate these systems to prevent the cross-connection of these systems and prevent the possibility of backflow of water from the non-potable system to the potable system. The two(2) systems must be clearly labeled and physically separated by air gaps or reduced pressure principle backflow prevention devices to avoid contaminating the potable water supply. In addition backflow devices must be tested periodically to assure their proper operation. Further, all non-potable spigots and irrigated areas should be clearly labeled with warning signs to prevent the inadvertent consumption on non-potable water. Compliance with HAR Chapter 11-21, titled Cross-Connection and Backflow Control is also required. All projects which propose the establishment of a potentially contaminating activity (as identified in the Hawaii Source Water Assessment Plan)within the source water protection area of an existing source of water for a public water supply should address this potential and Michael Yee November 22, 2019 Page 3 of 6 activities that will be implemented to prevent or reduce the potential for contamination of the drinking water source. For further information concerning the application of capacity,new source approval,operator certification, source water assessment, backflow/cross-connection prevention or other public water system programs, please contact the SDWB at 586-4258. The Department of Health(DOH), Clean Water Branch (CWB), acknowledges receipt of the subject document on date . The CWB has reviewed the limited information contained in the subject document and offers the following comments: Permit Issuance * Any project and its potential impacts to State waters must meet the State's: I) Antidegradation policy,which requires that the existing uses and the level of water quality necessary to protect the existing uses of the receiving State water be maintained and protected; 2) Designated uses, as determined by the classification of the receiving State waters; and 3) Water quality criteria [Hawaii Administrative Rules(HAR),Chapter 11-54], * A Section 401 Water quality Certification (WQC) is required if your project/activity: Requires a federal permit, license, certificate, approval, registration, or Statutory exemption; and - May result in a discharge into State waters. The term"discharge" is defined in Clean Water Act, Subsections 502(16), 502(12), and 502(6). Examples of"discharge" include, but are not limited to,allowing the following pollutants to enter State waters from the surface or in-water: solid waste, rock/sand/dirt, heat, sewage,construction debris, any underwater work, chemicals, fugitive dust/spray/paint, agricultural wastes. biological materials, industrial wastes,concrete/sealant/epoxy,and washing/cleaning effluent. Determine if your project/activity requires a federal permit, license,certificate, approval, registration, or statutory exemption by contacting the appropriate federal agencies (e.g. Department of the Army (DA), U.S. Army Corps of Engineers (COE), Pacific Ocean Division Honolulu District Office (POH)Tel: 808-835-4303; U.S. Environmental Protection Agency Tel: 415-947-8021; Federal Energy Regulatory Commission Tel: 866-208-3372; U.S. Coast Guard Office of Bridge Programs Tel:202-372-1511). To request a Section 401 WQC,you must complete and submit the Section 401 WQC application. This application is available on the e-Pemiltting Portal website located at: https://eha-cloud.doh.hawaii.Rov/epemtid. Please see BAR,chapter 11-54 for the State' Water Quality Standards and for more information on the Section 401 WQC. HAR, Chapter 11-54 is available on the CWB website at: htm://health.hawaii.euv/cwb/. Michael Yee November 22, 2019 Page 4 of 6 • National Pollutant Discharge Elimination System (NPDES)permit coverage is required for: -Storm water associated with construction activities for land disturbances of one (1) acre or more. Land disturbance includes, but is not limited to, clearing, grading,grubbing,excavation, demolition, uprooting of vegetation. equipment staging,and storage areas. -Storm water associated with industrial activities for facilities with Standard Industrial Classification Codes regulated in 40 CFR 122.26(b)(14)(i)through (ix) and(xi). -Storm water and certain non-storm water from a small Municipal Separate Storm Sewer System. -Discharges of water pollutants into State surface waters. Examples of these discharges include, but are not limited to,cooling water, hydrotesting waters, dewatering effluent, and process wastewater. -Discharges from the application of pesticides (including pesticides. herbicides, fungicides, rodenticides, and various other substances to control pest) to State waters. An application for an NPDES individual permit must be submitted at least 180 calendar days before the commencement of the discharge or start of construction activities. To request and NPDES individual permit, you must complete and submit the NPDES individual permit application. This application is available on the e-Permitting Portal website located at: haps://eha-cloud.doh.hawaii,eov/enemtitf. A Notice of Intent(NOB for coverage under a specific NPDES general permit must be submitted at least 30 calendar days before the commencement of the discharge or start of construction activities. To request NPDES general permit coverage, you must complete and submit the NOI. "Phe NOl is available on the e-Permitting Portal website located at: lums://eha-cloud.doh.hawaii.gov/euermit/. Please see HAR, Chapter 11-55 for more information on the NPDES individual permit and NPDES general permits. The specific NPDES general permits located in HAR, Chapter 11-55, Appendices B through M. HAR. Chapter 11-55 and HAR, Chapter 11-55, Appendices B through M are available on the CWB website at: http://health.hawaii.eov/cwb/. • According to State law,all discharges related to the project construction or operation activities,whether or not NPDES permit coverage and/or Section 401 WQC are required, must comply with the State's Water Quality Standards. Monitoring Michael Yee November 22, 2019 Page 5 of 6 • Effluent discharge and/or receiving water monitoring may be required as conditions of Section 401 Water Quality Certifications and NPDES General and Individual permits. Enforcement • Noncompliance with water quality requirements contained in HAR, Chapter 1 I-54 and/or permitting requirements specified in HAR, Chapter 11-55 may be subject to penalties of$25,000 per day per violation. • Violations of Hawaii Revised Statutes 342D and 342E may elicit administrative, civil and criminal penalties for such violations. Polluted Runoff Control • Manage projects identified in watershed-based plans that reduce polluted runoff and educate the public about nonpoint source pollution. Projects are selected through an annual request for proposals. Funding is provided by the EPA through the Clean Water Act. For more information on projects and funding opportunities, please visit: www.hawaii.gov/doh/pollutedrunoffcontrol. Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11-46, "Community Noise Control." 1. The contractor must obtain a noise permit if the noise levels from the construction activities are expected to exceed the allowable levels of the rules. 2. Construction equipment and on-site vehicles requiring an exhaust of gas or air must be equipped with mufflers. 3. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. Should there be any questions on this matter,please contact the Department of Health at 933- 0917. We recommend that you review all of the Standard Comments on our website: http://hawaii.gov/health/environmental/env-planning/landuse/landuse.hhnl. Any comments specifically applicable to this project should be adhered to. The same website also features a Healthy Community Design Smart Growth Checklist (Checklist) created by Built Environment Working Group BEWG)of the Hawaii State Department of Health. The BEWG recommends that state and county planning departments. developers,planners. engineers and other interested parties apply the healthy built environment principles in the Checklist whenever they plan or review new developments or redevelopments Michael Yee November 22, 2019 Page 6 of 6 projects. We also ask you to share this list with others to increase community awareness on healthy community design.