HomeMy WebLinkAboutPD BACKGROUND (AMEND SPP 1247/PL-SPP-2021-000001) BRTServiceA1nendSPP1247 9/28/21
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
RT'S SERVICE, LLC
AMENDMENT TO SPECIAL PERMIT NO. 1247 (SPP 1247)PL-SPP-2021-000001
RT'S SERVICE, LLC has submitted an Application for an amendment to Condition No.
3 (life of permit), Condition No. 6 (secure and finalize building permits) and Condition No. 7
(hours of operation for inspection station) of Special Permit No. 1247, which was issued in 2004
to allow office space and storage uses for investigative/collection services, a towing service, and
short-term parking for repossessed or disabled vehicles on an approximately 14,273 square feet
portion of a 5.006-acre parcel situated within the State Land Use Agricultural District. The
property is located at 64-5223 Kauakea Road, approximately 400 feet north of the intersection
with Mamalahoa Highway, Pu`ukapu Homesteads, South Kohala, Hawaii, TMK: (3) 6-4-
017:064 (por).
APPLICANT'S REQUEST
1. Request: Special Permit No. 1247 (SPP 1247)was issued in 2004 to allow office and
storage uses for investigative/collection services, a towing service, and short-term
parking for repossessed or disabled vehicles on an approximately 14,273-square foot
portion of a 5.006-acre parcel in the State Land Use Agricultural District. The permit was
amended in 2017 to expand the permit area from 14,273-square feet to 1.647 acres. The
applicant requests the following amendments to SPP 1247: 1) amend Condition No. 3 so
that the life of the permit runs with the current owner; 2) amend Condition No. 6 to
provide an additional two years to complete building permits; and 3) amend Condition
No. 7 to extend the hours of operation for the Inspection Station.
• Amend Condition No. 3 as follows:
"The life of the permit shall run with the current owner, [
] David McCullough and John Roth,partners under the Hawaii
Civil Union Act and Mark and Dianna Farias, a married couple, and shall cease
upon sale or transfer of the property or sale or transfer of the business to a
different owner."
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Reason for Request: The previous owner, David McCollough, Trust, has
conveyed the legal title to the property to David McCollough, John Roth, Mark
Farias and Dianna Farias. The change in ownership is documented by the
Trustee's Limited Warranty Deed, dated February 7, 2020, recorded in the Bureau
of Conveyances of the State of Hawaii in Document No. A-73450693. David
McCollough continues to be a current owner of the subject property and is the
sole managing member of RT's Service, LLC, the operator of the facility. As
such, the applicant proposes to amend Condition No. 3 to reflect the change in
ownership.
• Amend Condition No. 6 as follows:
"Buildings,plumbing and electrical permits shall be secured and finalized
to convert the barn into a vehicle repair shop within [exe yea ] two years from the
effective date of this amended permit. The vehicle repair shop shall only be used
for performing motor vehicle and motorcycle inspections, and repair of tow
trucks, emergency service vehicles and the applicant's personal vehicles. The
vehicle repair shop shall not be used for repairing client's vehicles."
Reason for Request: In 2018, the applicant began the process of securing a
building permit for the existing shop structure and the existing prefabricated
office trailer. Unforeseen delays occurred as a result of the initial project
architect's inability to complete "as-built"plans. Subsequently, the applicant was
able to submit for a building permit, A2021-BK01063, filed with the Department
of Public Works on June 10, 2021. The description of work for this building
permit is recorded as an as-built alteration/change of use to convert the existing
barn to an automotive shop with an additional two storage rooms and a closet.
The applicant has also filed a request for a two-year administrative time extension
to the Final Plan Approval, PLA-19-001674 (from July 25, 2021 to July 25,
2023).
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Amend Condition No. 7 as follows:
"Hours of operation for the Inspection Station shall be [unite'd to toe
hem-a€] 8:00 a.m. to ['Q:� ] 4:30 p.m., Monday through Friday, and
inspections shall be conducted by appointment only."
Reason for Request: Previously, the State Department of Transportation (HDOT)
temporarily suspended Inspection Station No. 360 until SPP 1247 was amended to
allow its operation. However, since the most recent amendment was approved, the
applicant has been unable to reinstate its Inspection Station as the previously
proposed hours of operation, between 8:00 am and 10:00 am, do not comply with
the HDOT's administrative rules. As such, the applicant is requesting an
amendment to Condition No. 7 to extend the Inspection Station hours of operation
to be between 8:00 am to 4:30 pm, Monday through Friday. The Inspection
Station will operate by appointment only and would be staffed by two existing
employees who are certified by the HDOT as safety inspectors. The applicant
anticipates approximately 30 motor vehicles would be inspected at the shop per
month.
2. Description of Current Operations: RT's Service, LLC is comprised of two separate
divisions known collectively as the "Facility":
• RT's Services provides collection, investigative,process services and
collateral recovery (repossession) service throughout the mainland,
Hawaii and Guam, and includes the certified Motor Vehicle and
Motorcycle Inspection Station No. 360.
• Tow Guys provides transportation needs and emergency roadside
assistance such as lockouts,jump starts, fuel, tire changing, and towing to
repair shops. Maintenance/service repairs to the towing and emergency
assistance vehicles are conducted in the shop structure. No repairs to
towed vehicles are conducted on the property and this operation does not
involve any on-site client traffic. As one of the towing contractors for the
County of Hawaii Police Department, it supports police operations in
South Kohala, North Kohala, and Hamakua districts. This operation
utilizes a total of five (5) towing and emergency assistance vehicles that
3
are stored on-site. The operation also provides short-term parking for
repossessed vehicles and damaged vehicles that are awaiting transport to
Oahu or to maintenance and repair shops on the island.
The Facility consists of a 3,591 square foot shop building (currently permitted as a barn)
and 672 square foot office trailer, gravel parking and is partially hog wire fenced. The
Facility employs six full-time employees.
3. Supportive Information: The applicant has submitted the attached in support of
the request: Planning Department Exhibit 1 — Special Permit Amendment
Application dated July 26, 2021 and Additional Information dated September 29,
2021.
4. Landowner: The landowners of the property are David McCollough, John Roth,
Dianna Farias and Mark Farias.
BACKGROUND INFORMATION
5. June 21, 1983: The effective date of Ordinance No. 83-889, which was approved by the
Hawaii County Council to rezone 28.1294 acres of land from A-40a to A-5a. After this
rezone, the subject property was created with the Kauakea, Increment I Subdivision on
September 18, 1984. Condition H of this ordinance allowed up to one half acre (21,780
square feet)to be used for non-agricultural and dwelling purposes.
6. September 19, 1989: The Planning Commission approves Special Permit No. 695 (SPP
695) to Melvin Miranda to allow the establishment of a trucking and hauling business on
an approximately 20,000-square foot portion of the subject 5-acre parcel. SPP 695 was
approved subject to Condition No. 2 that limited the life of the permit to a period of 2
years from the effective date of the permit.
7. September 19, 1991: Pursuant to Condition No. 2, SPP 695 was terminated.
8. April 12, 2002: The Planning Commission's approves Special Permit No. 1151 (SPP
1151), which allowed the establishment of an office, investigative/collection service and
towing operation. SPP 1151 was approved subject to Condition No. 2 that limited the life
of the permit to a period of 2 years.
9. April 12, 2004: Pursuant to Condition No. 2, SPP 1151 was terminated.
10. October 19, 2004: The Planning Commission approved Special Permit No. 1247 (SPP
1247)to allow office and storage uses for investigative/collection services, towing
4
service, and short-term parking for repossessed or disabled vehicles on approximately
14,273 square feet of land with a limited permit life of 5 years.
11. January 11, 2010: The Planning Commission approves an amendment to Condition 2 of
SPP 1247 to grant a 5-year time extension to the permit life to expire on
January 11, 2015. The applicant had requested a ten-year time extension.
12. January 17, 2015: Applicant submitted an application to amend SPP 1247 to delete the
life of permit, increase hours of operation and increase the number of vehicles stored on
the property to 50 vehicles. The Planning Director recommended denial of the request
because Ordinance No. 83-889 limited the non-agricultural uses on the property to 0.50
acres. It was clear from aerial photography that the applicant had been utilizing over 0.50
acres for the business. The applicant withdrew this application in June 2016.
13. August 18, 2016: The effective date of Ordinance No. 16-82, which amended Ordinance
No. 83-889 by removing the restriction that a maximum of 0.50 acres of the subject
property could be used for non-agricultural purposes.
14. September 6, 2017: The Planning Commission approves an amendment to SPP 1247 to
increase the days and hours of operation to 24 hours, 7 days a week; increase the
maximum number of stored vehicles to 135 vehicles; expand the permit area to 1.647
acres; and change the life of the permit to run with the current owner as stated in
Condition No. 3.
15. January 18, 2018, January 22, 2018 and May 25, 2018: The Planning Department
received three complaints alleging the applicant was: 1)providing vehicle safety
inspections open to the public; 2)repairing and modifying vehicles without a license; 3)
operating an auto detailing business; 4) storing fuel behind the office and dumping used
motor oil in the ground; 5) and selling wrecked vehicles.
16. January 19, 2018: The County Department of Finance- Vehicle Registration and
Licensing Division, sent an inquiry to the Planning Department to determine if the
subject property is properly zoned to allow a Motor Vehicle Inspection Station. The
Planning Department responded in a memo dated March 1, 2018 that the conditions of
SPP 1247 indicate the shop shall not be used for repairing client's vehicles and the uses
approved by the Special Permit do not generate on-site client traffic.
5
17. February 22, 2018: The Planning Department inspectors conducted a site inspection and
confirmed: 1)the auto detailing business had ceased; 2)there were no auto repairs being
done; and 3)the safety inspection activity had ceased. In a letter dated April 17, 2018 the
Planning Department informed the applicant that the inspection station activity can
continue until such time that a Special Permit amendment is denied.
18. April 5, 2018: The applicant's attorney, Carlsmith Ball LLP, filed an application to
amend SPP 1247 to allow the after-the-fact operation of a certified Motor Vehicle and
Motorcycle Inspection Station No. 360 within the existing shop (permitted as a barn).
19. April 18, 2018: The Planning Department returned the application as incomplete because
condition performance timelines had lapsed and the applicant needed to request a time
extension.
20. June 26, 2018: The applicant's attorney, Carlsmith Ball LLP, filed an Application to
amend SPP 1247. On August 10, 2018, the Planning Department acknowledged receipt
of the Application.
21. November 9, 2018: Effective date of an amendment to Special Permit No. 1247, to allow
the after-the-fact operation of a motor vehicle and motorcycle inspection station; to delete
Condition No. 4 (water usage calculations), and Condition No. 7 (solid waste
management plan), and time extension to complete Condition No. 5 (secure final plan
approval) and Condition No. 6 (secure and finalize permits to convert barn to vehicle
repair shop).
22. July 26, 2021: The applicant's attorney, Carlsmith Ball LLP, filed an Application to
amend SPP 1247. On August 16, 2021, the Planning Department acknowledged receipt
of the Application.
STATE AND COUNTY PLANS
23. State Land Use District: Agricultural.
24. General Plan Designation: Important Agricultural Land.
25. County Zoning: Agricultural 5-acre (A-5a).
26. South Kohala Community Development Plan (CDP): The South Kohala CDP,
adopted by the County Council on December 1, 2008, identifies the property as small
farms and ranches.
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
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27. Subject Property: The Special Permit area, consisting of 1.647 acres, is situated within
a larger 5.006-acre parcel. The permit area is situated within the southeastern portion of
the property. Structures on the property include a 3-bedroom, 2-bath farm dwelling,
detached carport, detached garage, mobile/modular office, metal barn, and dog kennel.
There are fenced paddocks on the property. The following is a list of building permits for
the property:
• Building Permit 850719- 3,900-square foot dwelling built in 1985
• Building Permit 851821- alteration to the dwelling consisting of adding a
bathroom enclosure within existing recreational room
• Building Permit 995687- 1,822-square foot metal barn with no plumbing
• Building Permit 026546- addition/alteration to dwelling consisting of converting
garage to exercise room and adding a family room and new garage
• Building Permit B2005-0825K-new 1,152-square foot detached garage
• Building Permit B2012-0323K-new solar water heating system on roof of
existing dwelling
• Building Permit application A2021-BK01063 was submitted on June 10, 2021,
for an as-built alteration/change of use to convert the existing barn to an
automotive shop with an additional two storage rooms and a closet.
28. Surrounding Zoning/Land Uses: Adjacent lands to the north and south are part of the
five-lot Kauakea Subdivision and are zoned A-5a. Lands adjacent to the east are zoned
A-40a. Located to the west is the Nani Waimea Subdivision, with sixty (60) 8,000 to
9,000 square-foot lots zoned A-la. Land uses consist of single-family dwellings to the
west and south, agricultural uses and vacant land. A Special Permit was approved in 2020
for a 1-bedroom Bed and Breakfast on parcel number 6-4-017:023, located to the
immediate south of the subject property.
29. U.S.D.A. Soil Type: Maile silt loam, 0 to 3 percent slopes. Runoff is very slow and the
erosion hazard is slight to none. This soil type is used for truck crops and pasture.
30. Land Study Bureau Soil Rating: "C" or "Fair".
31. Agricultural Lands of Significance to the State of Hawaii(ALISH): Prime
Agricultural Land.
7
32. Flood Zone: Zone "X", areas determined by FEMA to be outside the 500-year flood
plain.
33. Archaeological/Historic/Cultural Resources: In a letter dated September 8, 2021, the
State Historic Preservation Division determined that no historic properties would be
affected by the proposed use due to previous grubbing/grading and residential
development.
34. Flora/Fauna Resources: No formal flora/fauna study was submitted with the
application because the property has previously been graded. Thus it is unlikely that
threatened or endangered floral or faunal species are present on the property.
35. Public Access: There is no record of a designated public access to the shoreline or
mountain areas that traverses the property.
36. Traffic: According to the applicant, the inspection station will generate approximately
one or two vehicle visits per day, with an expected total of approximately 30 motor
vehicles per month.
PUBLIC SERVICES AND FACILITIES
37. Access: Access to the site is by Kauakea Road, which is a private roadway owned by the
Kauakea Community Association Inc. The road has a pavement width of 16 feet within a
50-foot wide right-of-way. The applicant has resurfaced Kauakea Road from the
highway to the property's driveway.
38. Water: In a letter dated August 30, 2021, the Department of Water Supply indicated
there is an existing 5/8-inch water meter assigned to the subject parcel. According to the
applicant, water is not required for the uses approved by SPP 1247.
39. Fire Protection: According to the Department of Water Supply, the 4-inch waterline
within Kauakea Road is inadequate for providing the required 2,000 gallons per minute
fire protection for the Facility. DWS recommended the applicant contact the Fire
Department to determine fire protection requirements or alternatives.
40. Wastewater: The existing farm dwelling is served by an existing cesspool. The
applicant will be required to install a Department of Health approved wastewater system
to serve the automotive shop structure as part of the building permit process.
8
41. Other Essential Utilities and Services: Electricity and telephone services are available
to the site. Police and fire services are available in Waimea, approximately three miles
from the property.
AGENCIES' COMMENTS
42. Department of Water Supply: Planning Department Exhibit 2-August 30, 2021
Letter
43. Police Department: Planning Department Exhibit 3 —August 24, 2021 Letter
44. Department of Environmental Management: Planning Department Exhibit 4 —
September 23, 2021 Memo
45. State Department of Transportation: Planning Department Exhibit 5 —September
14, 2021 Letter
46. Department of Land and Natural Resources —State Historic Preservation Division:
Planning Department Exhibit 6—September 8, 2021 Letter
AGENCIES -NO COMMENTS/CONCERNS
47. Department of Health, Department of Public Works —Engineering.
AGENCIES -NO RESPONSE
48. Fire Department, Department of Public Works - Building Division, Real Property Tax
Office, Office of Planning, Department of Agriculture and Waimea Community
Association.
PUBLIC COMMENTS
49. None as of the date of this writing.
9
Mori, Ashley
From: Katherine Y. Luga <kluga@carlsmith.com>
Sent: Wednesday, September 29, 2021 9:13 AM
To: Andrews, Jessica
Cc: Patrick K. Wong
Subject: RE: Question re: RT's
Hi Jessica,
Client informs about 30 vehicles per month; won't do motorcycles.
KATHERINE Y. LUGA
Paralegal I Carlsmith Ball LLP
Carlsmith Ball
A 0 VW'TEVY o dJ4Pk 4V I AW Vayh,.IXM'm MvM AD-O@T+
121 Waianuenue Avenue
Hilo, HI 96720
Tel: 808.935.6644 Fax: 808.935.7975
Honolulu - Hilo - Kona - Maui
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From: Andrews, Jessica [maiIto:Jessica.Andrews@hawaiicounty.gov]
Sent: Tuesday, September 28, 20214:38 PM
To: Katherine Y. Luga
Subject: Question re: RT's
CAIJTICN:This email originated from outside'of the organization. po not click links or open attachments unless you
recognize the sender and know the content is safe.
Hi Kat,
Can you provide the number of vehicles and motorcycles the applicant expects would visit the inspection station each
month?
Planning inn Dept. 1
Jessica Andrews, Planner
C(WiMy II IawauJ 'Iainirfling Depaiifirneird.
101 If:IaUatfl Sheet, SLflh� 3
�I uk), Ih IlawalJ 96720
(808)961 8155
COUNTY OFHAWAM
Electronli c Processing and
Information Center (EPIC)
T'he County of II Nawaii has Ilaunched Its new Electronic Processing & Information
Center (EPIC) permit system on July 26,2021.
0n..1y gjj.g�2.!�g.!2jC ap 1p iInc: ted after that date.
jjcaflons wi�klj e ac ep
....................... ...................... ............................................................................................................................................. .........................................................................................................................................
For more Information go to
http.�E.://hawaiicou.n h'....en!2.![g.2M.Pub. � / e IfSeirviceWhome
.................... ............................................................................. ..... ......................
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CARLSMITH BALL LLP
A LIMITED LIABIUry LAW PARENERS!,IIP
75-5722 KUAKINI,HIGHWAY,SUITE 208
P.O.Box 1720
KAILUA-KONA,HAWAII 96745-1720
TEI.EPI]ONE 808.329.6464 FAX 808.329.9450
WWW.CARLSMITH.COM
PVV0NG,0,1CARL,9M1 l H.COM
July 26, 2021
Zendo Kern
Planning Director
101 Aupuni Street, Suite 3
Hilo, Hawaii 96720
Attention: Maija Jackson
RE: Amendment to Special Permit No. 1247 ("SPP 1247")
Applicant: RT's Service, LLC
at Kamucla, Puukapu Homestead, District of South Kohala, Hawaii
TMK No.: (3) 6-4-017:064 (por.) ("Property")
Dear Mr. Kern:
This firm represents RT's Service, LLC, a Hawaii limited liability company
("Applicant"), whose business address is P.O. Box 1276, Kamuela, Hawaii 96743. RT's
Service, LLC, the operator of the Facility(as defined below) is located approximately 400 feet
north of the Kauakea Road-Mamalahoa Highway(Highway 19) intersection. The Facility abuts
the Nani Waimea Subdivision in Waimea, Puukapu Homestead, District of South Kohala, Island,
County and State of Hawaii. David S. McCollough, Trustee under that certain unrecorded Trust
Agreement dated January 22, 2002, is the sole managing member of RT's Service, LLC.
A. Facility Operations: RT Services, LLC is comprised of two separate divisions:
1. RT's Services, which provides collection, investigation, process
services and collateral recovery(repossession) service throughout
the mainland, Hawaii and Guam. This operation does not generate
any on-site client traffic.
2. Tow Guys, which provides transportation needs and emergency
roadside assistance such as lockouts,jump starts, fuel,tire changing
and towing to repair facilities. Maintenance/service repairs to the
towing and emergency assistance vehicles are conducted in the shop structure.
No repairs to towed vehicles are conducted on the Property,
and this operation does not involve any on-site client traffic. As
the exclusive towing contractor for the County of Hawaii Police Department
("County Police"), it supports police operations in South Kohala,North Kohala
and Hamakua districts. This operation utilizes a total of five (5) towing and
HONOLULU Elmo KONA MAUI.
Planning Depi.
Zendo Kern
July 26, 2021
Page 2
emergency assistance vehicles, which are stored on-site and which provides short-
term parking for repossessed vehicles and damaged vehicles that are awaiting
transport to Oahu or to maintenance and repair facilities on the island (collectively
the "Facility").
The Facility consists of a 3,591 square feet shop building and a 672 square feet office
trailer, gravel parking and is partially hog wire fenced(Exhibit 1-site plan).
B. The Applicant is requesting an amendment to Conditions 3, 6 and 7 under SPP 1247 as
follows (collectively, the "amendment request"). Deleted text is [stfieke ] and new text
is underscored.
1. Request No. I -Amend Condition 3 (life of the permit) to run with the current
owner.
"2. The life of the permit shall run with the current owner,
[David AkC-ollemgh Tfft;s,4J David McCollough and John
Roth, partners under the Hawaii Civil Union Act and Mark
and Dianna Farias, a married couple and shall cease upon
sale or transfer of the property or sale or transfer of the
business to a different owner.
Reason: David McCollough, Trustee under that certain unrecorded Trust
Agreement dated January 22, 2002, conveyed all of his right, title and interest in
and to the Property to David McCollough and John Roth, partners under the
Hawaii Civil Union Act and Mark Farias and Dianna Farias , a married couple, as
tenants in common, by Trustee's Limited Warranty Deed, dated February 7, 2020,
and recorded in the Bureau of Conveyances of the State of Hawaii in Document
No. A-73450693 (Exhibit 2). David McCollough continues to be a current owner
of the Property and is the sole managing member of RT's Service, LLC, the
operator of the Facility.
2. Request No. 2 -Amend Condition 6 (secure building, electrical and plumbing
permits).
"6. Building,plumbing and electrical permits shall be
secured andfinalized to convert the barn into a vehicle
repair shop within [&He-yea-F] two years from the effective
date of this amended permit. The vehicle repair shop shall
only be used for peeforming motor vehicle and motorcycle
inspections, and repair qt'tow trucks, emergency service
vehicles and the applicant's personal vehicles. The vehicle
repair shop shall not be used for repairing clients
vehicles."
Dianna Farias is David McCullough's sister.
Zendo Kern
July 26, 2021
Page 3
Reason: By letter dated July 26, 2019, the Planning Department issued Final Plan
Approval (PLA-19-001674) for the conversion of a barn to a vehicle repair shop
in satisfaction of Condition 5 of Special Permit No. 1247, as amended(SPP
1247), which expires on July 25, 2021 (Exhibit 3). The Applicant began the
process of securing the building permit for the: (a) existing shop structure to
reflect the expansion of the roof eve, and(b) existing prefabricated office trailer
from temporary to permanent structure prior to the Leeward Planning
Commission's ("LPC") approval of the SPP 1.247 amendment in October 2018.
However, unforeseen delays occurred as a result of the initial project architect's
inability to complete the "as-built" plans. Building Permit Application No.
A202 I-BKO 1063 was successfully filed with DPW, Building Division on June 10,
2021 (Exhibit 4). Although the building permit application has been accepted by
DPW for processing, out of an abundance of caution, the Applicant submitted to
the Planning Department, a request seeking a two-year administrative time
extension (from July 25, 2021 to July 25, 2023) of PLA-19-001674 to allow time
for the building and electrical permits to be issued (Exhibit 5).
3. Request No. 3 - Amended Condition 7 (hours of operation for the
Inspection Sjqfi2n)
7. Hours of operation for the Inspection Station shall be
[limited to the4ieffFs-� 8:00 a.m. to 4:30
p.m.. Monday through Friday, and inspections shall be
conducted by appointment only.11
Reason: The Applicant has been unable to reinstate its Inspection Station No. 360
operation with the State Department of Transportation("HDOT") since the
limited hours of operation between 8:00 a.m. and 10:00 a.m. does not comply
with the HDOT's administrative rules. As such, the Applicant is requesting an
amendment to Condition 7 to extend the Inspection Station hours of operation
between 8:00 a.m. to 4:30 p.m., Monday through Friday.
In summary, the granting of the amendment request is an "unusual and reasonable use of
the land" situated within the Agricultural District and will not be contrary to the objectives to be
sought by land use law and regulations for the following reasons:
A. Is not contrary to the objectives sought to be accomplished by the State Land Use
Law and Regulations under HRS Chapter 205 and is not contrary to the objectives
sought under FIRS Chapter 205A. Although the Property has soil characteristics
that are deemed agriculturally important,the Facility does not diminish or
foreclose the future agricultural potential and opportunities beyond that already
committed to the existing farm dwelling and barn uses on the remaining 3.359
acres (or 67% of the 5.006-acre parcel). The loss of this minimal amount of
agricultural land will not obviate or conflict with the agricultural goals and polices
of the General Plan or remove any active or potentially active agricultural lands
from the County's agricultural land inventory. The Facility meets an actual need
Zendo Kern
July 26, 2021
Page 4
in the community in support of County Police operations in South Kohala, North
Kohala and Hamakua districts. The Legislature recognized that lands classified as
Agricultural might not always be best suited for agricultural activities and that
certain types of uses might not be strictly agricultural in nature, and provided a
mechanism via the Special Permit process to allow certain unusual and reasonable
uses within the Agricultural District.
Further, the amendment request is consistent with the objectives and policies of
HRS Chapter 205A and the guidelines contained in Rule 9 of the Planning
Commission Rules of Practice and Procedures. The Project Area is located
outside of the SMA area, will not be affected by coastal hazards and beach
erosion, and will not negatively affect coast ecosystems, marine resources, public
access to the shoreline or shoreline recreational resources.
B. Does not adversely affect surrounding properties. The Applicant has operated the
Facility since 2002 and no community related complaints have been lodged
against its operations. Any fugitive dust and/or noise exposure and visual/view
planes impacts, to and along Kauakea Street, Mamalahoa Highway and the Nani
Waimea Subdivision, as a result of the Facility in hours/days of operation and
special permit coverage area are mitigated as follows: (1) existing ironwood
hedge landscaping buffer on the eastern Property boundary along Kauakea Street,
(2) existing fencing that separates the existing Facility and farm dwelling, (3)
existing 12 to 15 feet high grass berm and ironwood hedge along the Facility's
western/Nani Waimea Subdivision boundary, and (4) existing 25 feet earthen
berm along the southern Property boundary.
C. Does not unreasonably burden public agencies. The granting of the amendment
request will not unreasonably burden public agencies to provide roads and streets,
sewers and water, drainage and school improvements, and police and fire
protection, since these services are available to service the Facility.
D. Unusual conditions, trends and needs have occurred since the district boundaries
and regulations were established. There are many areas in the County of Hawaii
where lands within the Agricultural District are not in active agricultural
productivity, even though they are best suited for agricultural activity. Through
the issuance of a Special Permit, a community may establish various
"non-agricultural" services that may not be available or allowed by zoning for the
rural and agricultural communities in which they are located. Further, there is no
suitable developed industrial zoned lands for business in Waimea, and this
limitation resulted in the Commission's granting of a 5-year extension in 2010 to
allow the continued operation of the Facility until 2015. Since that time, the
Commission in 2011 approved two special permits for automotive related
industries within State Land use Agricultural District lands (within close
proximity to the Facility): (1) Horizon Automotive and(2) Deluz J Automotive,
and acknowledged and recognized the lack of available locations with appropriate
zoning, the changing nature of the Waimea community, the desire for such
Zendo Kern
July 26, 2021
Page 5
businesses in the community, and the absence of any complaints about those
businesses from community members.
E. Does not substantially alter or chan e the essential character of the land and the
RKgLqnt use. The granting of the amendment request will not change the essential
character of the Property, which will remain unaltered, since the existing
landscape buffers and earthen/grass berms protect view planes from Kauakea
Street, Marnalahoa Highway and Nani Waimea Subdivision.
F. Would not be contrary to the General Plan or the Zonin Code. The granting of
the amendment request will continue to be consistent with the Land Use and
Economic elements of the General Plan, and the Facility will continue to provide
a convenient service to the South Kohala, North Kohala and Hamakua districts,
including support to the County Police operations.
On behalf of RT's Service LLC,we respectfully request the Leeward Planning
Commission's favorable approval of the proposed amendments to Condition 3 (life of the
permit), Condition 6 (secure building, electrical and plumbing permits), and Condition 7 (hours
of operation for the Inspection Station).
We enclose a listing of surrounding property owners, tax clearance and$500 filing fee.
Please direct all future communication relating to this matter to our office. Please feel free to
contact me or my paralegal Katherine Luga at 935-6644, should have any questions or require
additional information regarding this submittal.
Very truly yours,
Patrick K. W I
PKW:KYL ng
Enclosures
xc with enclosure: Client
EXHIBIT I
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EXHIBIT 2
Doc A—73450693
February 10,2020 3:29 PM
LAND COURT REGULAR SYSTEM
After Recordation Return By: Mail (XX) Pickup ( } To:
HAWAII TRUST & ESTATE COUNSEL
Roth Law Firm, LLLC
P. 0. Box 1743
Kamuela, Hawaii 96743
Tax Map Key: (3) 6-4-017-064
TRUSTEE'S LIMITED WARRANTY DEED
THIS INDENTURE, made effective the 7th day of
February, 2020, by and between DAVID S. MCCOLLOUGH, Trustee
under that certain unrecorded Trust Agreement dated January 22,
2002, hereinafter referred to as "Grantor," and DAVID MCCOLLOUGH
and JOHN ROTH, partners under the Hawaii Civil Union Act, whose
mailing address is P.O. Box 1276, Kamuela, Hawaii, and MARK
FARIAS and DIANNA FARIAS, husband and wife, whose mailing
address is P.O. Box 2123, Kamuela, Hawaii 96743, hereinafter
referred to as "Grantee,"
W I T N E S S E T H
That Grantor, for and in consideration of the sum of
ONE DOLLAR ($1.00), does hereby grant, bargain, sell and convey
unto Grantees, its successors and.assigns, as follows:
- an undivided FIFTY PERCENT INTEREST (SOS) to
DAVID MCCOLLOUGH and JOHN ROTH, partners under the Hawaii Civil
Union Act, as TENANTS BY THE ENTIRETY, Tenants in Common, with
- an undivided FIFTY PERCENT INTEREST (50%) to MARK
FARIAS and DIANNA FARIAS, husband and wife, as TENANTS BY THE
ENTIRETY,
forever, the property situated on the Island of
Hawaii, State of Hawaii, and described in Exhibit A attached
hereto and by this reference made a part hereof.
TO HAVE AND TO HOLD the same, together with all
buildings and improvements thereon, all rights, privileges, and
easements held or enjoyed in connection therewith, all rents,
issues and profits therefrom, or appurtenant thereto, and all of
the estate, right, title and interest of Grantor therein and
thereto, unto Grantee, Grantee's successors and assigns,
forever.
AND Grantor, for itself as said trustee and not
individually, and its successors in trust, does hereby covenant
and agree with Grantee, Grantee's heirs, legal representatives
and assigns, that Grantor has good right to sell and convey the
premises hereinbefore conveyed; that said premises are free from
all encumbrances made of suffered by it; and that it will
WARRANT AND DEFEND the same unto the Grantee, Grantee's heirs,
legal representatives and assigns, forever, against any and all
encumbrances made of suffered by Grantor.
AND Grantor remises, releases, and forever quitclaims
unto Grantee, Grantee's heirs, legal representatives and assigns
all of their right, title, and interest in and to any alleys,
streets, ways, easements, strips, or gores abutting or adjoining
the granted premises.
AT ALL TIMES HEREIN the terms "Grantor" and "Grantee"
or any pronouns used in place thereof, shall mean and include
the masculine or feminine, singular or plural number, and
individuals, firms or corporations, and their and each of their
respective heirs, legal representatives, successors and assigns,
-2-
according to the context thereof, and the covenant of any two or
,more persons herein shall be joint and several.
IN WITNESS WHEREOF, the Grantor herein has hereunto
caused these presents to be executed this instrument this 7th
day of, February, 2020.
GRANTOR:
L-, V",�
DAVID S. MCCOLLOUGH
Trustee aforesaid
STATE OF HAWAII
SS.
CQUNTY OF HAWAII
On this 7th day of February, 2020, before me
,personally appeared DAVID S. MCCOLLOUGH, Trustee aforesaid, to
rite, known to be the person described in and who executed the
foregoing instrument and acknowledged that he executed the same
as his free act and deed.
MAL%
Z", I'S-TATE S
OF
.VA1 a Notary Public, State of Hawaii
3C
-4, KRYSTAL KAUKA
My commission expires 07/23,/2021
%
tuutrm NOTARY CERTIFICATION
KRYSTAL KAUKA Third Circuit
Document Date: 02/0-7/2020
Trustee's Limited
Warranty Deed pages
02/07/2020
-3-
EXMBIT KA"
All of that certain parcel of land(being portion(s)of the land(s)described in and covered by Land
Patent Grant Number 8319 to Joseph Pai)situate,lying and being at Kamueia,Puukapu,District of
South Kohala, Island ail County of Hawaii, State of Hawaii, tieing LOT 113-B OF THE
"KAUAKEA SUBDIVISION,INCREMENT r,same being a portion of Lot 113 of the°Puukapu
Homesteads,2"4 Series",and thus bounded and described as per survey of Yoshio Inaba,Registered
Professional Surveyor,dated August 20,1994,to-wit:
Beginning at the southeast corner of this parcel of land and being the north comer of Lot 113-A,the
coordinates ofsaid point ofbeginning referred to Government SurveyTriangulation Station"EAST
BASE"being 7.435.00 feet north and 3,145.78 feet east,thence running by azimuths measured
clockwise from true South:
1. 76" 10' 550.00 feet along Lot 113-A;
2. 1660 10' 39650 feet along Lots 8.10,12,14 and 16 of Nani Waimea
Subdivision;
3. 256" I0' 550.00 feet along Lot 113-C;
4. 346° 10' 396.50 feet along Lot 113-E(50-it.wide for mad and utility
purposes),to the point of beginning and containing an
area of 5.0063 acres,more or less.
Together with a non-exclusive perpetual right-of-way as an easement appurtenant to said above
granted premises for ingress and egress and for utility purposes,in common with all others entitled
thereto.in.over,across and under Lot 113-E,as more particularly hereinafter described;reserving
unto Grantor, his hens and assigns, the right to convey said Lot 113-E to the KAUAKEA
COMMUNITY ASSOCIATION,a Hawaii non-profit corporation;Grantees'right to use said
easement shall be governed by the provisions contained in the Declaration of Covenants,Conditions
and Restrictions of Kauakea,dated October 2,1994.and recorded in Liber 18193 at Page 607;said
easement area being more particularly described as per survey of Yoshio Inaba, Registered
Professional Surveyor,dated August 20,1994,to-wit:
-KAVA,FA-
-ncrementn
—4—
LOT 113-E
(50-R.wide for road and utility purposes)
Being a portion of Lot 113
Being also-a portion of
Grant 8319 to Joseph Pai
Puukapu Homesteads,2a1 Series
South Kohala,Island of Hawaii,Hawaii
Beginning at the southeast comer of this parcel of land,being the south comer of a portion of Lot
115,being also a portion of Grant 9922 to Peter Bell,Jr„and on the north side of Mamalahoa
Highway,the coordinates of said point of beghming referred to Government Survey Triangulation
Station-EAST BASE-being 7,074.70 feet north and 3,286.00 feet east,thence running by azimuths
measured clockwise from true South:
1. 730 50' 69.24 feel along Mamalahoa Highway;
2. Thence along Lot 113-A,on a curve to the left with a radius of20.00 feet,the chord azimuth
and distance being: 210- 00' 27.70 feet;
3. 166' Mr 1,159.21 feet along Lot 113-A,Lot 113-B,and Lot 113-C;
4. Thence along Lot 113-1),onacurve to the left with a radiusof25.00 feet,the chord azimuth
and distuncebeing: 1210 10' 35.36 feet;
5. 166" 10' 50.00 feet along Lot 113-13;
6. 2560 10' 75.00 feet along Lot 113-1);
7. 3460 IO' 1,251.37 feet along a portion ofLot 115,being also a portionof
Grant 4922 to Peter Bell,Jr..to the point ofbegirming
and containing an arra of 1.4711 acres,more or less.
SUBJECT,HOWEVER,to reservation unto Grantor,his heirs and assigns of the right to convey a
portion thereof to the County o£Hawaii or other appropriate governmental authorities as a public
roadway,that portion being a proposed sheet extension(50 feet wide),being the continuation of Lot
B,Nani Waimea Subdivision,at which time said easement shall automatically cease and terminate
over that portion.
BEING the premises conveyed to the Grantor herein by Quitclaim Deed dated
January 22,2002,filed in the Bureau of Conveyances in the State of Hawaii as Document No.
2002-025046.
SUBJECT,HOWEVER,to all casements,encumbrances,covenants,conditions,
restrictions and reservations of record.
END OF EXHIBIT"A"
-5-
EXHIBIT 3
40 RECD JUL 3 12019
Itarry Kira Michael Yee
Director
Mayor
Wil Okabe Duane Kanuha
Managing Dome r DepuayDirccror
Weat llawai'i Office East lla'qi'i Offiee
'74-5044 Ano Keohok',51ok Hwy101 pzahi street,Suite 3
HM KaHua-Kona,HawaN 96740 County of Hwai'i Hilo,llaZt:i 96720
Phone(808)323-4770 Phone(808)961-8288
Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742
July 26,2019
David S.McCullough
RT's Service,LLC
P.O.Box 1.276
Kamuela,HI 96743
Dear Mr.McCullough:
PLAN APPROVAL APPLIED FOR: Convert Barn to Vehicle Repair Shop per Amended
Special Permit No.1.247,approved Oct.18,2018
TMK:6-4-017:064(PLA-19-001674)
We have reviewed and approved the plan for the subject proposed project for FINAL PLAN
APPROVAL. Enclosed is a copy of the FINAL PLAN APPROVAL,PLA..19-001674,dated
7/26/2019,for your file,
According to letter dated April 4,2019,the applicant has ceased its operation of the motor
vehicle and motorcycle Inspection Station no.360. As stated in the April 4,2019 letter,the
applicant may in the future apply for an amendment to the.Special Permit no. 1247 to expand its
hours of operation of the motor vehicle and motorcycle inspection station for compliance with
the State Department of Transportation rules,to obtain reinstatement of Inspection Station no.
360.
Please note the conditions of approval included a,,part of the FINAL PI AN APPROVAL.
These conditions must be complied with prior to and during occupancy of the proposed
structures,or as otherwise specified. Some of these conditions affect design or placement
changes you may consider in the course of construction. We strongly recommend discussing
these conditions of approval in advance with any architects,contractors or other third parties
involved in construction decisions and requests for Certificates of Occupancy,
For your information,all accessible parking spaces shall comply with current State and Federal
Standards.Please find the most current requirements at the Disability and Communication
Access Board website at http://health.hawaii.gov/dcabZparking or visit our website,for helpful
information: http:2/www,coh.pIanningdcp ourccs-zuid-refer�ences.
1�.comres�
Haweii'i Counry is an Equal OpportunityProviderand Employer In
David S.McCullough
TMK:6-4-017:064
July 26,2019
Page 2
Should you have any questions,please contact Rosalind Newlon of our West Hawaii Office at
323-4770.
Sincerely,
I Cf I; YEE4
L
ct
lanning Director
RJN:rj n
PLA-19-0'01674
C:\User,,',rnewlon\DesktopvNewlon\Plan ApprovalsTAL-6-4-017-064 RTs Service.docx
cc:West I lawaii Office
Ms.Katherine Luga,Paralegal
Carlsmith Ball LLP
121 Waianuenue Avenue
Hilo,1-1196720
COUNTY OF HAWAII PLANNING DEPARTMENT
FINAL PLAN APPROVAL
(PLA-19-001674)
APPLICANT: DATE APPROVED: DATE EXPIRES:
RT's Service 7/26/2019 7/25/2021
LOCATION: TAX MAP KEY:
Por.Puukapu Homesteads,2"Series,S.Kohala, 6-4-017:064(POR.)
Hawaii
PARCEL AREA/PROJECT SITE AREA ZONE:
5.0063 acres/1.647 acres Agricultural(A-5a)
PROPOSED USE:
Convert Barn to Vehicle Repair Shop per amended Special Pen-nit No.1247,approved Oct..1.8,2018
As Shown on Plan Comments
.......................................................................................
,,F,cont Yard;,(Kauakea'Road),At).I' OK,30'-0"Mininium required
............. ....................
Rear Yard: (West)174' OK,30'-0"Minimum re ired
Sjd (South)'
82 OK,20'-0"Mim
n m"i u required
r !
Side,Yard:_.(nrtb]l 127' OK,20'-0"Minimum req
Ht.of Structure(s): 15'-6" .1_._.._.OK,45'-0"Maximum allowed
...................................... ...........
............................................
Access to parking:driveway off of Kauakea Road OK,Existing,Must comply with the requirements of
the. of Public Works.
............................. .............................
Off-Street Parking: 12 parking spaces provided OK,
inchidm,1 van accessible space New Vehicle Repair shop(3,672 sq.ft.)@6 1 per 400
=9.18 parking spaces
Now vehicle repair shop-storage area(58.5 sq.ft.)@
I per 1,000)=0.59 parking spaces
Modular bldg.,office area(528 sq.ft.)@) I per 300
=
1.76 parking spaces
Modular bldg.utility storage(144 sq/ft/)(4) 1 per
1,000=0.14 parking spaces
Total Parking Spaces required=11.67 or 12
spaces
............................
Loading and
Unloading Space: none provided OK,none required for<5,000 gross floor area of
commercial and industrial uses per Section 25-4-
--5-6-(1)-
Hawai'i County is an equal opportunity provider and employer
Revised Final Plan Approval 7/26/2019(TMK:6-4-017:064)PLA-19-001674
Page 2
--1,,Density.: K,
encing and Walls:
........... ......
Material:ho wire
........... ..............
lleight:......
...5...'
...1-1.1.1111-111-1-1111......— .......... .....................-..........
Location:perimeter of vehicle
---—---------...................................................... .... ................. - -- ----------
d. .......... OK,Complies with Rule No. 17 of the Planning
Rules of Practice and Procedure
............---..........
Others T" ax Clearance:'-'............... ....................... OK,per letter of tax clearances from RPI'dated
June 18,2019
Drainage Report OK,DPW-Eng.Approved 11/16/20.18
Special Permit no. 1247 OK,Approved on October 19,2004 to allow office
space and storage uses for investigative/collection
services,a towing service,and short-term parking for
repossessed or disabled vehicles on approximately
14,273 square fee(of land in the State Land Use
Agricultural District,
Amended Special Permit No.1.247 OK,Approved August 17,2017,to increase the days
and hours of operation to 24 hours a day,7 days a
week,increase the maximum number of stored
vehicles to 135 vehicles,expand the permit area to
1.647 acres and change the life of the permit to run
with the current owner as stated in the condition.
Amended Special Permit No.1247 OK,approved October 18,2018,to Allow the After-
the-Fact Operation of a Motor Vehicle and Motorcycle
Inspection Station„'T'o Delete Condition No.4(Water
Usage Calculations),and Condition No.7(Solid Waste
Management Plan);and Time Extension to Complete
Condition No.5(Secure Final Plan Approval)and
Condition No,6(Secure and Finalize Permits to
Convert Barn to Vehicle Repair Shop)
..........
Does this project have a Fair Share Condition'! []Yes ZNo
Approved by:
Name: Rosalind Newlon
Date: 7/25/2019
................
Revised Final Plan Approval 7/26/2019(rMK�:6-4-017M4)PLA-19-001674
Page 3
Conditions of Approval:
1. Applicant shall comply with all other applicable laws,rulesre Mations and requirements of lhoNai`i Count ,
2. This Final Plan Approval is valid for two years from the date of arm)roval andshallexpire on 7/25/202L
3. Prior to at)Droval of a Certificate of Occupancy(C.O.),.the Planning Department ma v inspect the sub'ect
ProDerty to verifj-�corn Hance with tire ap, roved lans. A C.O.shall not be am)roved where the buildings,
site improvements,landscaping or use plans are found by the director to be inconsistent with the submittals
for which the Final Plan Approval is issued.
4. Approved Darking to be paved,striped,and appropriate signage installed prior to issuance of the Certificate of
Ogglo,mcy,
5. 'Thea is responsible for constructing accessible parkia&-s aces in accordance with all current Count
State.and Federal standards and requirements,
6. Approved existing and proposed landscaping to be installed and maintained in good condition Der��d
landscaping titan with no litter or excessive accumulation of plant debrisand the landscaaWg-jid&anon
systeni shall be demonstrated as beinQ oDerable prior to Occupancy or use of any of the proposed facilities
prior to issuance of the Certificate Of OCCUDancy. ....................................----. ...............................
7. The aDolicant,its successors or assiLyns shall be res Donsible for cam D[vina with all stated conditions of
approval of Special Permit No. 1247.
8. No Modifications to Plans without Prior Written Mproval, All work shown on the deyelgr meat Ions
covered by this Final Plan AM)roval shall be completed as shown. No additionssubstitutions or alterations to
the site,Darkina,landscaDina,or building design plans covered by this Final Plan Approval,nor any
modification of the.types of uses designated therein,shall be made without prior written approval of such
chap es bv the Planninv.DeDartment.A request for approval of such changes shall be submitted in writing
and include scaled plan sheets clean v der.)ictiniz and specifying allpttgpgosaegd chap yes.Upon assessing the
requested changes,the Director may approve or deny the requested changes or„teq . ,a g w.,q g ete
mpL—
application for Plan Approval where the,Director finds the changes to be substantial. Prior to approval of a
Certificate of OccuDancv(C.O.).the Plannina Deoartment ma v insDect the subject property to verify
cornDliance with thea roved plans.A C.O.shall not be aDDroved where the buildings.site improvements,
landscaping or use plans are found by the Director to be inconsistent with the submittals for which this Final
Plan roval is issued.
P i Director
D to 1
EXHIBIT 4
County of Hawaii
Department of Public Works
BUILDING DIVISION
Application#: Permit Fee:
A2021-BKO1063 BUILDING PERMIT APPLICATION $1070.00
NOTIFICATIONTOAPPLICANT:1)SECTIONAMUST"BE COMPLETED BEFORE PROCESSING BYBUILDINGDMSICNCOVMENCES;2)[HE APPLICANT SHALL BE
RESPONSIBLE TOOBTANN ALL APPROVALS IN ;3)ISSUED PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT
COMMENCED WTHIN 180 DAYS OR IF CONSTRUCTION OR WORK IS SUSPENDED OR ABANDONED FOR APERIOD OF 180 DAYS AFTER WORK HAS
CONIVENCED;4)REFUND REQUEST FOR PERMIT FEE PAD MUST"BE RECEIVcD BY IHE BUILDING DIVISION WTIHIN 90 DAYS FROM ISSUANCE DAIIE OF IHIS
PERMIT;5)SEPARATE PERMITS ARE REQUIRED FOR ELECTRICAL,PLUMBING,GAS,SIGNS,DRIVEWAYS AND GRADING;6)DATA PROVIDED HEREIN IS PUBLIC
INFORMATION.
SECTION A-APPLICANT TO FILL IN AREA BELOW-PLEASE PRINT WITH BLACK BALLPOINT OR
TYPE
Legal Owner: ROTH JOHN,FARIAS DIANNA, Mailing Address: No Records,No Records,PO
MCCOLLOUGH DAVID,FARIAS BOX 1276 KAMUELA,HI 96743
MARK 1276,No Records
Lessee,Tenant: Mailing Address:
Plans By: MATTHEW R KILGORE
Builder: Mailing Address:
Scope of Work:❑New 0 Alteration ❑Move ❑Reconstruction ❑x Electrical
0 Addition ❑Repair ❑Demolition ❑Emergency ❑Plumbing
❑Photovoltaic ❑Solar Water Heater
Description of Work:WORK BEGUN WITHOUT PERMIT,ALTERATION/CHANGE OF USE:CONVERT
EXISTING BARN TO AUTOMOTIVE SHOP WITH ADDITIONAL 2 STORAGE ROOMS AND A CLOSET,
ELECTRICAL ONLY.
Estimated Valuation For All Work to be Performed:$7,000.00
Project Address:645223 KAUAKEA RD
APPLICANTS (SEC.44-HRS)
QUALIFICATION:
CONTRACTOR/OWNER-BUILDER DECLARATION
I declare that I am licensed under the provisions of Chapter 444,HRS,of the Department of Commerce&
Consumer Affairs,State of Hawaii.My license No. is in full force and effect.
NOTE: RME(Responsible Managing Employee)only to sign.Notarized authorization from RME
required for designated agents.
I declare an exemption under Sec.444-2( )for the following reasons:1)this exemption allows me,as the
owner or lessee of the property,to act as my own general contractor without possessing a license;2)to
supervise the contracting myself;3)to hire licensed subcontractors;4)the building is for my personal use and
not for the use or occupancy by the general public;5)building will not be built for sale or lease within one(1)
year after construction is complete.
I hereby acknowledge that the information I have provided is true and correct.I agree to comply with all
County and State laws regulating building construction.I fully understand that if I violate any of the provisions
of Sec.444-HRS,I may be fined per Sec.444-23 HRS.
APPLICANT DATE
SECTION B-APPLICANT SHALL OBTAIN THE FOLLOWING APPROVALS IN NUMERICAL SEQUENCE:
1.Mechanical Date 2.Planning Date 3.Engineering Date
4.DOH-Wastewater Date 5.DOH-Sanitation Date 6.Fire Date
7.Plumbing Date S.Electrical Date 9.Building Date
si 94
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EXHIBIT 5
CARLSMITH BALL LLP
A Lim=LIABILITY LAW P I ARTNMSHTF CON PLANNING DEPT
75-5722 KUAMI HIGHWAY,SUM 208 JUL.15 2021 ml:06
P.O.Box 1720
KAILIJA-KONA,HAWAII 96745-1720
TCLEPHONE808.329.6464 FAx808,329.9450
WWW.CARLSNflTH.COM
PWONGeCARLSMITELCOM
July 15,2021
Zendo Kern
Planning Director
Planning Department
101 Aupuni Street,Suite 3
Hilo,Hawaii 96720
Attention: N9.rren.Kato
RE: Request for an Administrative Extension of Time
Applicant: RT's Service,LLC
Final Plan Approval(PLA-19-001674)
Kamucla,Puukapu Homestead,District of South Kohala,Hawaii
TMK No.:(3)6-4-017:064(por.).("Property")
Dear Mr.Kern:
This firm represents RT's Service,LLC,operator of the Facility approved under Special
Permit No. 1247,as amended(SPP 1247),by the Leeward Planning Commission(LPC)on
November 9,2038. By letter dated July 26,2019,the Planning Department issued Final Plan
Approval(PLA-19-001674)for the conversion of a barn to a vehicle repair shop in satisfaction
of Condition 5 of Special Permit No. 1247,as amended(SPP 1247),which expires on July 25,
2021 (Exhibit 1).
The Applicant began the process of securing the building permit prior to the LPC's
approval of the SPP 1247 amendment in October 2019. However,unforeseen delays occurred as
a result of the initial project architect's inability to complete the"as-built"plans, Building Permit
Application No.A2021-13KO1063 was successfully filed with DPW-Building on June 10,2021
(Exhibit 2),
Although the building permit application has been accepted by DPW for processing,out
of an abundance of caution,the Applicant is seeking a two-year administrative time extension of
PLA-19-001674 to allow time for the building and electrical permits to be issued. Therefore,the
Applicant respectfully requests an administrative time extension from July 25,2021 to July 25,
2P23,,within which to comply with all conditions of approval under PLA-19-001674.
HON0LVL11'______............. KONA.........-I .............................
Zendo Kern
July 15,2021
Page 2
Please feel free to contact my paralegal Katherine Luga at 935-6644 should you have any
questions or require additional information regarding this submittal.
Very truly yours
~Patrick K. on
PKWXYL
Enclosures
xc with enclosures:Client
EXHIBIT I
Harry Kim .'"^a^ Michael Yee
Wy.' Are—
Wil Okabe Duane Kanuha
DePuy DI—W,
West o—W[Orrice F.{H.—N orr—
74.5044 Ale n.y101 P...hi st"'t,S'N'3
Volpe-Krnil— N i'i 96740 County of HawaHilo,I I.-Ii 9572U
Ph—(805) 234770 Ph—(a08)961-8288
Na (6n)327-3563 PLANNING DEPARTMENT F..(808)961-8142
July 26,2019
David S.McCullough
RT's Service,LLC
P.O.Box 1276
Kamuela,11196743
Dear Mr,McCullough:
PLAN APPROVAL APPLIED FOR: Convert Barn to Vehicle Repair Shop per Amended
Special Permit No.1247,approved Oct,38,2018
TMK:6-4-017:064(FLA-19-001674)
We have reviewed and approved the plan for the subject proposed project for FINAL PLAN
APPROVAL. Enclosed is a copy of the MNAL PLAN APPROVAL,PLA-I9-001674,dated
7126/2019,for your file,
According to letter dated April 4,2019,the applicant has ceased its operation of the motor
vehicle and motorcycle Inspection Station no.360. As stated in the April 4,2019 letter,the
applicant may in the future apply for an amendment to the Special Permit no.1247 to expand its
hours of operation of the motor vehicle and motorcycle inspection station for compliance with
the State Department of Transportation rules,to obtain reinstatement of Inspection Station no.
360.
Please note the conditions of approval included as part of the FINAL PLAN APPROVAL,
These conditions must be complied with prior to and during occupancy of the proposed
structures,or as otherwise specified. Some of these conditions affect design or placement
changes you may consider in the course of construction. We strongly recommend discussing
these conditions of approval in advance with any architects,contractors or other third parties
involved in construction decisions and requests for Certificates of occupancy.
For your information,all accessible parking spaces shall comply with current State and Federal
Standards.Please find the most current requirements at the,Disalaiiity and Communication
Access Board website at Int :::: calth.hawaii.gov/dcab parking or visit our website for helpful
information:httl2:1/www.cohj2lanningdeRt.comI resources-and-references.
E! K—ri !—,Equnr OpportuniryArwfder oral Employer alann'nCC haw only¢.a
David S.McCullough
TMK:6-4-017:064
July 26,2019
Page 2
Should you have any questions,Please contact Rosalind Newlon of our West Hawaii Office at
323-4770.
Sincerely,
CHAS YEE
lanningDireclaT
FJI N:Tj n
PL
t
-19-001674
C:kUxrsVlello,4DmktIoNtwlonVl2nApprov hNPAL64-017.D64RTsStwim.ducx
cc:West Hawaii Office
Ms.Katherine Luga,Paralegal
Carlsmith Ball LLP
121 Wairmuenue Avenue
Hilo,HI 96720
COUNI`Y OF HAWAI I I PLANNING DEPARTMENT
FINAL PLAN AEI!RQYAL
(PLA-19-001674)
APPLICANT: DATE APPROVED: DATE EXPIRES:
RT's Service 7/26/2019 7/75/2021
.......... ............................
LOCATION: TAX MAP KEY:
Por.Puukapu Homesteads,2"d Series,S.Kohala, 64-017:064(POR.)
Hawaii
PARCEL AREA/PROJECT SITE AREA ZONE:
5.0063 acres/1.647 acres Agricultural(A-5a)
PROPOSED USE:
Convert Dam to Vehicle Repair Shop per amended Special Permit No.1247,approved Oct.18,2018
AsShawn mm rament
Yard:
enr d:,Q a"k e a_Road q Mipirequired
Front. .... ... ................. Y nn in e
Rear Yard:tW"t)171' 'Minimum,required ............. .......
Side"Y'rd: (Srmt!rl�2' UK,.2p 0 Minimum required
-§hl,c Yard:_(N9,!iij P7
Ht.o f S tru- _QK,?("-9:'Minimurn required
Maximum height allowed
Access .....to
parking:driveway off of Kauakea Road OK,Existing,Must comply with the requirements of
the De ailment pf Publto Works.
Off-Street Parking:1212a[king spaces rovidod OK,
including New Vehicle Repair shop(3,672 sq.ft.)@ I per 400
=9.18 parking spaces
New vehicle repair shop-storage area(58,5 sqt.)@
1 per 1,000)=0.59 parking spaces
Modular bldg.--office area(528 sq.ft.)@ I per 300
=1.76 parking spaces
Modular bldg.—utility storage(144 sq/ft/)@ 1 per
1,000=0.14 parking spaces
Total Parking Spaces required=11.67 or 12
Loading and
Unloading Space: none provided OK,none required for<5,000 gross floor area of
commercial and industrial uses per Section 25-4-
fia,vai'!County is an equal nppurtunilypravidci and employer
Revised Final Plan Approval 726/2019(TMI£:6.4.017:064)PLA.-19-001674
Page 2
. t .. ..., .,. ..._.,
Denst2y......
Material hag wire w
Heft 5 .-._- _........
C.o-cation:peruneter of ve@ut:le repair feailtty _.
Landscaping existing OK,Complies with Rule No.17 of the Planning
,,,v,,, _,,,,,_, Department s Rules of Praottae and Procedure
Others Tax Clearance: OIG,per letter of tax clearancesf from RPT dated
June 18,2019
Drainage Report OK,DPW-Eng.Approved 11/16/2018
Special Permit no.1247 OK,Approved on October 19,2004 to allow office
space and storage uses for investigative/collection
services,a towing service,and short-term parking for
repossessed or disabled vehicles on approximately
14,273 square feet of land in the State Land Use
Agricultural District,
Amended Special Permit No.1247 OK,Approved August 17,2017,to increase the days
and hours of operation to 24 hours a day,7 days a
week,increase the maximum number of stored
vehicles to 135 vehicles,expand the permit area to
1.647 acres and change the life of the permit to run
with the current owner as stated in the condition.
Amended Special Permit No.1247 OK,approved October 18,2018,to Allow the After-
the-Fact Operation of a Motor Vehicle and Motorcycle
Inspection Station;To Delete Condition No.4(Water
Usage Calculations),and Condition No.7(Solid Waste
Management Plan);and Time Extension to Complete
Condition No.5(Secure Final Plan Approval)and
Condition No.6(Secure and Finalize Permits to
Convert Barn to Vehicle Repair Shop)
Does this project have a Fair Share Condition2 ❑Yes ®No
Approved by:
Name: Rosalind Newton
.............._...............
ReAged Final Plan Approval 7/2012019(TMK;6 4-017:064)PLA-19,001674
Page 3
Conditions of Approval:
1, ADDlicant shall comolv will all other aDolicable.law j,TulM rogglations all
d gfffawai_
2. phis Final Ptan Approval is valid for two years from the date Of approval,and shall expire on 7/75/2021.
3. Prior to 8pprOVBI of H Certificate of Occupancy(C.Q.).the Planning Department may inspect the subject
properly to verify compliance with thea pproved plans. ACO shall.not be approved where the buildings,
site imoroverrents,land5capinp,or use plans are found by the director to be inconsistent with the submittals
for which-the-Final-Plan Approval is issued.
4. Approved parking to be paved,striped,and appropriate signage installed prior to issuance of the Certificate of
Occupancy.
& Th p applicant is rfor constructing cessible arkin s ac--in accordance witb all c2rrent-QOM
51gg,and Federal strilida[95 and jtqujcgmojL
6. Approved existing and oropgHQ lgridkcaping to be invalted and madrilait&4-irtgOod condition per approved
landscaping plan with r o hurr gr excessive accumulation of plant deblis,awe landscaping irrigation
orior to issuance of the Ct �trertificate of Occupangy,
7. Tl]g§ppligaut,igsuccemgjsor asshmssliall bg Egppn5ible for complying with all stated conditionj Q
jpp[qyaI of Special Permit No.1247,
8,
f&vered by this EllILI Plan Approve)shalt be completed&%shown. Ng additions,Substitutions or alterations tq
ft�
site arking,landscapinudlfljng design plans covyrd by this FinalPla
,n Approval,nor any
Mgdification of the tyR�§of uses desiRlIggil therein,shall be made without prior wrillpa gpproval of such
gpmd chan
am Vpgn ossusing the
gpplicatign for Plan Apprtlyal where
the Directhe than Ig.be substantial. Prior to aonroval of a
Qr Lt ffiga-tq pfliggow AQPY,&Q,)ft Ban RigaDwIplig a t unmy,tftwAgtrJiq.5mbJgrtp rprpoti-W.Yglity
g2mptianci:willi thea r v A C.O. be approved where the buildings,site impEgyawguIL
landscaping or use ll�ans are found Izy khe _f_fg, inconsistent with the submittals for which tbi§Einal
D teVr val
' ' ed
P Director
7 26I
EXHIBIT 2
County of Hawaii
Department of Public Works
BUILDING DIVISION
Application#: Permit Fee:
A2021-EK01063 BUILDING PERMIT APPLICATION $1070.00
NORACARONTO APPUCANT:It STM LETED EPROOESS)-8YSLrUDI DMSIONCONNE ;2)IHEAi
PPLICANT"S
RESPONSISLE MOSTANA.I.AF"OAS IN MW 3)ISSUED FERMI SECONESHULL ANOVD0 IF Mal ORCONSTRX-RON AUTHaRUED IS NOT
COMMENCED VOUHN 18D WS OR IF C0N5nTU'-C`PCN GRAM IS SUSPENDED OR AW100NED FORAPERIOD OF 180 DAYSAFER V�Qla NIS
Csur'iti 4)REFUND RECUSSY FOR POW FEE PAD MUST BE ReCENSID SYTRZ8UILcNGavacN W DIN go DAYS 0 TE
PERWS)SEPPRATEPENIMMARE REOURED FOR ELECnEM, FROMISSILAN EDED Ft VA OFRIM
rNFORNA-11CIN
................
SECTION A-APPLI CANT TO FILL IN AREA BELOW-PLEASE PRINT WITH BLACK BALLPOINT OR
TYPE
Legal Owner. ROTH JOHN,FARIAS DIANNA, Mailing Address: No Records,No Records,PC
MCCOLLOUGH DAVID,FARIAS BOX 1276 KAMUELA,HI 96743
MARK 1276,No Records
Lessee,Tenant: Mailing Address:
Plans By: MATTHEW R KILGORE
Builder: Mailing Address:
Scope of Work-[]New Z Alteration E]Move 7 Reconstruction [K Electrical
7X Addition []Repair [-I Demolition E]Emergency E]Plumbing
E]Photovoltaic E]Solar Water Heater
Description of Work.,WORK BEGUN WITHOUT PERMIT,ALTERATION/CHANGE OF USE:CONVERT
EXISTING BARN TO AUTOMOTIVE SHOP WITH ADDITIONAL 2 STORAGE ROOMS AND A CLOSET,
ELECTRICAL ONLY.
Estimated Valuation Fair All Work to be Performed:$7,000.00
Project Address:645223 KAUAKEA RD
APPLICANIS
QUALIFICATION: (SEC.44-HRS)
MINTRACTOR I
I declare that I am licensed under the Provisions of Chapter 444,HRS,of the Department of Cc mmerce&
Consumer Affairs,State of Hai My license No._is in full force and effect,
NOTE:RME(Responsible Managing Employee)only to sign.Notarized authorization from RME
required for designated agents.
I declare an exemption under Sec.444-2( )for the following reasons:1)this Exemption allows me,as the
owner or lessee of the property,to act as my own general contractor without Possessing a license;2)to
supervise the contracting myself;3)to hire icsi subcontractors;4)the building is for my personal use and
not for the use or occupancy by the general public;5)building will not be built for sale or lease within one(1)
year after construction is complete.
I hereby acknowledge that the Information I have provided is true and correct.I agree to comply with all
County and State laws regulating building construction.I fully understand that If I violate any of the pro'Asions,
of Sec,444-Hi I may be fined per Sec.444-23 Hi
APPLICANT DATE
BE0-UW5,-APPLICANT SHALL OBTAIN THE FOLLOWING APPROVALS IN NUMERICAL S—EQUENCE.
1.11dechanical------ Dade 1—Plarnrg Date 3.Englneenng --Ute
41,DOH-Wast—ater Date -5.-00H-Sanitabon Data— —6Fm Date
7,Plumbing Date 8.Electrical Date 9.1301 rvl Date
Mitchell D. Roth V OF N Deanna S. Sako
Mayor Finance Director
Steven A. Hunt
Deputy Director
County of Hawaii
DEPARTMENT OF FINANCE-REAL PROPERTY TAX
Aupuni Center • 101 Pauahi Street • Suite No.4 • Hilo,Hawaii 96720-4224 • Fax(808)961-8415
Appraisers(808)961-8354 • Clerical(808)961-8201 • Collections(808)961-8282
West Hawaii Civic Center • 74-5044 Ane Keohokalole Hwy. o Bldg.D,2nd Ff. • Kailua Kona,Hawaii 96740
Fax(808)327-3538 • Appraisers(808)3234881 • Clerical(808)323-4880
Website:www.hawaiiproperiytax.com
REAL PROPERTY TAX CLEARANCE
(Rev. 07113)
July 23, 2021
TMK: (3) 6-4-017-064-000
64-5223 Kauakea Road
This is to certify that the real property taxes due to the County of Hawai'i
on the parcel listed above have been paid current up to and including
June 30, 2021.
The County of Hawai'i's real property taxes are levied on July 1 each
year. These taxes become a lien on the property assessed as of the
levy date.
This clearance was requested by Carlsmith Ball on behalf of David
McCollough, John Roth, Mark & Dianna Farias (owners of record)
and is issued for this parcel only.
By Toni An uitoriano, Tax Clerk
REAL PROPERTY TAX DIVISION
Paid up to and including JUNE 30, 2021
Hawaii County is an Equal Opportunity Provider and Employer
7W .y
DEPARTMENT OF WAT'ER SUPPLY COUNTY F H'
AWA `I
848 KKK ANA `A STREET, SUITE20 HILO, HAWAl 7201
TELEPHONE (808) 961-8080 « FAX (80,8) 1-8657
AlI grist 30, 2021
,R): Mr. Zenclau Keni, Director WH PLANNING DEP
I'larinilig Deprartrimit AUG 312021 FIM21:1146
' 1140
'E HAND
Fl ON1: KciIh K. G➢katiloto, auger-Chief k;rigin er
SU 11,JEC T: Special Permit No. 1247(Docket No: SPP 1)4-00011'13)
Applicant— RJ"s Sc i-vvice, 1 1..�t,
Request: Amendment to Condition No,. 3 (1,ife crfl'errnit),Condition No. 6
(Secure and Finalize Building Permits),and Condition No. 7
(11ours of Operation ftar°Inspection taction) of Special Permit No. 1247
`Faa,x Marl) Key 6-4-01.7: Portion 064
We have reviewed the ;ubJect application aurid have the follovviiig comments mid conditions,
'Flic Department has no objection to the proposed osed aanrendilaent tar Special Permit No. 1 217 as water is neat.
required liar the proposed opaerat ion.
Please he 64ornrecl that the existing 5/8-inch meter assigned to the subJect parcel will not genr rate a significant
increase ira water clemFancl; therefore, the requested water denaanal calcaaalatiorls will newt be recptuircdl
Elie: fyepwaurtnrent acknowledges that polable water is I laawwai'i lslarid s most p7recioulti resource aancl encourages our
caaaairntinities to pi—mote waiter conservation and reserve the highest quality ofwater for the 1110~at vaalnar a'le Cracl
rise,which is the strstena ace cwt`life. Alternate methods (i.e. reclahned or reused water)for non-potable denaa.ncl
of warier or irrigalloii should, he Mipwlemented.
Fnrt.hernacare,the, existing 4-inch waterline wwithira Kanakea Road is inaadeclaraate to provide the required nainimnrn
,,000 Ciallons Per Nfimic(Gl'M) fire parotectioir at the site for the proposed type ol.lancl use per the
llepaadnieiWs "Water-System e+laaradlarals. We reconarneraci the aappaliearratcorit:arct the Fire De atrtrncrrt laarally lira"~
Protection regtairenaents or alternatives.
Should there he any questions, please comact mr. Troy Sarnu.urar.ofour Water Resources and Ilan airig Branch at
961-8070, extension 25-5.
:`Sincelwaly YOUrs,
6�1,WY
1<c1t,h 1 Okamoto, P 1 .
('w'lanaat a.r C„'hiet Filgirwce'r
copy ...... RT's Service, LA,C'
C'alrlsraaith Ball 11,11
`Waat r', Our Yost (1l'ra�aµt;ous a ,source. . , ` to `ai.r rte
� � f1117�C1 � 'gy• "
Ex hib It 2
The Department crr'w•iter Bumpily is an Equ aa Opurarrtuniry ptarvider and e m pp ayer..
Ntv os ' i
Mitchell D.Roth �� Paul K.Ferreira
Police Chief
Mayor
••';;os'M► Kenneth Bugado,Jr.
Deputy Police Chief
County of Hawaii
POLICE DEPARTMENT
349 Kapi'olani Street . Hilo,Hawai'i 96720-3998
(808)935-3311 • Fax(808)961-2389
August 24, 2021
TO ZEND ERN, PLANNI 'iG DIRECTPR
Y
FROM CHA F, AREA II OPERATIONS
SUBJECT SPECIAL PER IT APPLICATION 0. PL-SPP-2021-000001
SPECIAL PERM 7 (DOCKET NO. SPP-04-000013)
APPLICANT: RT S SERVICE, LLC
REQUEST: AMENDMENT TO CONDITION NO. 3 (LIFE OF PERMIT), CONDITION
NO. 6 (SECURE AND FINALIZE BUILDING PERMITS), AND
CONDITION NO. 7 (HOURS OF OPERATION FOR INSPECTION
STATION) OF SPECIAL PERMIT NO. SPP 1247
TAX MAP KEY: 6-4-017:064
This is in response to your memorandum dated August 16, 2021 regarding the above-
referenced special permit application.
Staff has reviewed the application and has no objections to offer at this time.
Staff would like to offer a comment for clarification. In the Carlsmith Ball LLP letter to the
Planning Director dated July 26, 2021, under paragraph "A. Facility Operations:"bullet"2. Tow
Guys; applicant's representation states that Tow Guys is the exclusive towing contractor for the
County of Hawaii Police Department ("County Police"). For clarification, Tow Guys is one of
the towing contractors for the County of Hawaii Police Department.
Should you have any questions or concerns, please contact Captain Jeremie Evangelista,
Commander of the South Kohala District, at 808-887-3080.
JCE/jaj
21HQ0838
Planning Dep,t. "Hawai'i County is an Equal Opportunity Provider and Employer,
Mitchell D.Rath Rarnai 1.Mansour
Mayor Director
Lee E.Lard Brenda D. lokepa-Moses
Managing Director Deputy Director
County of Hawal i
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
345 Kek angio'a street,Suite 41,Hilo, Hawai°i 96720
Ph:(808)961-8083 • Fax:1808,1961-8086
Email: cohdern@hawaiicuunty..gov
r.EP
T(): Zendo Kern, Director REU 1() LIVERETL)
Planning Department
FROM: Rani i 1. Mansour, D 'ector
Department of 1 nviroma rw Management �h
DA'l'E� September 22, 2021
SUBJECT- Special.Permit Application No. PL-SPP'-2021-0010001
'p ( )
Special Permit No. SPP l�.�47 Docket No. SPP-04-000013)
Applicant: P.T's Service, LLC
Request: Amendment to Condition No. 3 (Life of Permit)„ Condition No.
Secure and Finalize building Permits), and.Condition No. 7 (Hours of
Operation for Inspection Station) of Special. Permit No. SPP 1.247
Tax Map Key. 6-4-017:064
The. Solid Waste Division has reviewed the subject application and offers the following
comments and/or recommendations (contact the Solid Waste Division for details):
( X ) No cora nuents.
Commercial operations, State and Federal agencies, religious entities and non-profit:
organization may not use transfer stations for disposal.
Aggregates and any other construction/dernolition waste should be responsibly reused to
its fullest extent.
Ample and equal room should he provided for rubbish and recycling,
Green waste may be transported to the green waste sites located at.the West Flawai`i.
Organics Facility and Past llawai`i Organics Facility, or other suitable diversion.
pro rains"
Construction and demolition waste is prohibited at all. County Transfer Stations.
Submit Solid Waste Management Plan in accordance with attached guidelines..
Existing Solid Waste Management Plan is to be followed. Provide update to the
department on current status.
Other:Planning Dep,t. ._. _.w........_
County of Hawai"i its an Equal Opportunity Provider and Employer
Exhibit_, .m"
Ramzi 1. Mansour, Director
September 23, 2021
Page, 2
The Wastewater Division has reviewed the subject application and offers the following
comments and/or recommendations (contact the Wastewater Division for details),
No comments.
Require connection of existing and/or proposed Structures to the public sewer in
accordance with Section 21-5 of the I-lawai'i County Code.
Require Council Resolution to approve sewer extension in, accordance with Section 21-
26.1 of the Hawai'i County Code. Complete Sewer Extension Application,
Require extension of the sewer system to service the proposed subdivision in accordance
with Section 23-85 of the Hawai'i County Code.
Check or line out as applicable: [ ] If required by the Director of the Department of
Environmental lana; ernent ("'Director of DEM"), [ ] applicant shall conduct a sewer
study in accordance with the then applicable wastewater system design standards prior to
approval to connect to the County sewer system. Applicant shall provide such sewer line
or other facility improvements as the Director of DEM may reasonably require, which the
sewer Study may indicate are advisable for mitigation of impacts of the proposed project.
Contact Wastewater Division Chief for details.
Proposed activity may be subject to existing or future federal, state, or county regulation
under Title 40 CFR 403.5, prohibiting discharge of certain pollutants into publicly owned
treatment works. Contact the Hawaii Department of Health for information, regarding
pretreatment standards.
X Applicant shall follow Department of Flealth regulations.
Other:
R M: k-
DAVID Y.IGEas z 1p JADE T.BUTAY
GOVERNOR „t, DIRECTOR
o
Deputy Directors
DEREK J.CHOW
ROSS M.HIGASHI
EDWIN H.SNIFFEN
STATE OF HAWAII IN REPLY REFER TO:
DEPARTMENT OF TRANSPORTATION DIR 0808
869 PUNCHBOWL STREET HWY-PS 2.6351
HONOLULU, HAWAII 96813-5097
September 14, 2021
VIA EMAIL: planning@hawaiicounty.gov
Mr. Zendo Kern
Director
Department of Planning
County of Hawaii
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Attention: Jaclyn Araujo
Dear Mr. Kern:
Subject: Amendment to Special Permit No. 1247 (Convert Barn to Vehicle Repair Shop)
RT's Service, LLC
64-5223 Kauakea Road
Tax Map Key No.: (3) 6-4-017:064
Thank you for your letter dated August 16, 2021. The applicant requests to amend Special
Permit No. 1247 to convert an existing barn to vehicle repair service. They also request to
extend the hours of operation for the vehicle inspection station from the Condition No. 7
8:00 a.m. to 10:00 a.m., to 8:00 a.m. to 4:30 p.m. Monday through Friday. This would enable it
to comply with the State Department of Transportation (HDOT) administrative rules and
reinstate its Inspection Station No. 360.
The location is 400 feet away from the intersection of Kauakea Road and Mamalahoa Highway.
The operations are not expected to generate significant traffic. Based on the information
provided, the proposed project does not appear to directly or indirectly impact the State highway
system. Therefore, the HDOT has no comments or objections on the amendment to Special
Permit No. 1247.
If you have any questions,please contact Jeyan Thirugnanam, Systems Planning Engineer,
Highways Division, Planning Branch at(808) 587-6336 or by email at
jeyan.thirugnanam@hawaii.gov. Please reference file review number PS 2021-143.
Sincerely,
�l
\ '
�t
JADE T. BUTAY
Director of Transportation Planning Depi.
SUZANNE D.CASE
A F iy CHAIRPERSON
DAVID Y.IGE 't f.e "�}L tiBOARD OF LAND AND NATURAL RESOURCES
GOVERNOR OF HAWAII COMMISSION ON WATER RESOURCE MANAGEMENT
def
ROBERT K MASUDA
YFIRST DEPUTY
�p�Wand
and
Ni KALEO NUN'L'EL
DEPUTY DIRECTOR WATER
C
AQUATIC RESOURCES
BOATINGAND OCEAN RECREATION
{+ BUREAU OF CONT ANCES
COMMISSION ON WATER RESOURCE MANAGEMENT
CONSERVATION AND COASTAL LANDS
STATE OF HAWAII
CONSERVATION AND RESOURCES ENFORCEMENT
ENGINEERING
FORESTRY AND WILDLIFE
Stare oflizw ' DEPARTMENT OF LAND AND NATURAL RESOURCES HISTO IC �sERTI
RAHOOLMMISSION
LAND
STATE HISTORIC PRESERVATION DIVISION STATE PARKS
KAKUHIIIEWA BUILDING
601 KAMOKILA BLVD,STE 555
KAPOLEI,HAWAII 96707
September 8,2021
IN REPLY REFER TO:
Zendo Kern,Director Project No. 2021PRO1013
County of Hawaii,Planning Department Doc.No. 2109SN04
101 Pauahi Street, Suite 3 Archaeology
Hilo,HI 96720
planning@hawaiicounty.gov
Dear Mr.Kern:
SUBJECT: Chapter 6E-42 Historic Preservation Review
Amendment to County of Hawaii Special Permit No.1247(SPP 1247)
Pu`ukapu Ahupua`a,South Kohala District,Island of Hawaii
TMK: (3)6-4-017:064
This letter provides the State Historic Preservation Division's (SHPD's) review of the subject request for an
amendment to a County of Hawaii Special Permit (SPP 1247) received by our office on August 23, 2021. The
submittal included a letter dated July 26, 2021 from Carlsmith Ball LLP (attorney) on behalf of the RT's Service,
LLC (applicant), requesting the County amend the existing permit (SPP 1247). The project area consists of the
5.006-acre parcel.
Project Description
The applicant,RT's Service,LLC.,is requesting a County of Hawaii Amendment to a Special Permit(SPP 1247)to
amend the following condition in the special permit: (1) Condition No. 3 [life of permit], (2) Condition No. 6
[secure and finalize building permits], and (3) Condition No. 7 [hours of operation for inspection station]. The
amendment request will provide additional time to comply with the stipulation(s)on the existing permit.
Findings
Our records indicate that this project area has not been subject to an archaeological inventory survey (AIS) and that
no historic properties have been documented. In a letter dated November 30, 2009 (Log No. 200904053, Doc. No.
0911MD37), SHPD provided comments for the issuance of the special permit which resulted in a determination of
"no historic properties affected." The previous letter indicated that the parcel is located within an area that has been
previously impacted by residential development.Previous grubbing and grading have altered the land.
Determination
Based on the information provided, the SHPD has no objections to the amendments to the County of Hawaii
Special Permit.
Please contact Sean Naleimaile at(808)933-7651 or at sean.p.naleimaileghawaii.gov for any questions or concerns
regarding this letter.
Aloha, 419e D�14/eG/'
Alan S.Downer,PhD
Administrator, State Historic Preservation Division
Deputy State Historic Preservation Officer
cc: Jessica Andrews,jessica.andrews@hawaiicounty.gov