Loading...
HomeMy WebLinkAboutPD BACKGROUND REPORT BOnakaSPP.EC.11.16.2021 COUNTY OF HAWAI`I PLANNING DEPARTMENT BACKGROUND REPORT RACHELLE ONAKA SPECIAL PERMIT APPLICATION (PL-SPP 2021-000003) RACHELLE ONAKA has submitted an application for a Special Permit to establish a three-bedroom bed and breakfast establishment within an existing single-family dwelling and an adjoining guest house on 1.312 acres of land situated within the State Land Use Agricultural District. The subject property is located at 76-3724 Duarte Road, approximately 410 feet from its intersection with Mamalahoa Highway, Holualoa 1st& 2nd Partition Lots Mauka, Holualoa, Hawaii, TMK: (3) 7-6-005:017. APPLICANT'S REQUEST 1. Request: The applicant, who resides on the property, is requesting a Special Permit to allow a three-bedroom bed and breakfast operation in an existing, two-bedroom single- family dwelling and an existing, 1 bedroom guest house. The bed and breakfast will operate within the existing footprint of the single-family dwelling and guest house, with the intention to provide accommodations for under ten (10) adults. 2. Objectives: The applicant's objective is to provide alternative accommodations for visitors to the Big Island of Hawaii. 3. Employees: The applicants intend to employ a family member who will work as both the operator of the bed and breakfast as well as the manager of the existing coffee farm on site. 4. Parking: Off-street parking is available for the guests of the bed and breakfast operation and for the residence. The applicant intends to provide the minimum required eight(8) unpaved parking stalls to accommodate the proposed bed and breakfast operation. 5. Project Timetable: The applicant intends to begin the implementation of the project immediately following the granting of the Special Permit and anticipates the necessary improvements for the operation will be completed within a few months. 6. Supportive Information: The applicant submitted the attached in support of the request for a Special Permit: (Planning Department Exhibit 1 - Special Permit Application September 23, 2021) DESCRIPTION OF STATE AND COUNTY PLANS 7. State Land Use District: Agricultural. 8. County Zoning: Agricultural-1 acre (A-la). A bed and breakfast establishment may be permitted in the SLU Agricultural District and County A-la zoning district with a Special Permit,provided the establishment operates within the standards described in Section 25- 4-7 of the Zoning Code (P.D. Exhibit 2-Zoning Code Section 25-4-7). 9. General Plan LUPAG MAP: Low Density Urban (LDU). 10. Kona CDP: Section 4.8.2 on the Overall Strategy for Economic Development, supports Kona's current strengths in agriculture and tourism, of which enhancing agricultural tourism and maintaining Kona coffee as a specialty crop are key components. Section 4.8.3 regarding the Economic Development Goal, Objectives, Policies, and Actions, supports opportunities to enhance Kona's agricultural industry. 11. Kona Coffee Belt: The subject property is located within the region defined as the "Kona Coffee Belt". The property currently has an operational coffee farm that will remain in operation in conjunction with the proposed bed and breakfast operation. 12. Special Management Area (SMA): The Special Management Area is a part of the Coastal Zone Management Program and regulated by the County. The property is not located within the Special Management Area and does not front the shoreline. DESCRIPTION OF PROPERTY AND SURROUNDING AREAS 13. Subject Property: The property is located in Holualoa 1st& 2nd Partition Lots Mauka, approximately 410 feet mauka of the intersection of Duarte Road and Mamalahoa Highway. The subject parcel is irregular in shape. There are a total of three (3)permitted structures on the property. There is an existing single story, two-bedroom/two-bathroom single-family dwelling and a single story one-bedroom/one-bathroom permitted guest house on site that will be used for the bed and breakfast operation. Additionally,there is a single story two-bedroom/one-bathroom second farm dwelling on the property that will serve as the residence for the operator of the bed and breakfast/farm manager. The farm dwelling was constructed in 1949 and was grandfathered from the farm dwelling requirements. According to records on file with the Building Division, the following building permits have been issued for the property: -2- • October 6, 2015: Issuance of building permit no. BK2015-02379 for the construction of a single story, two-bedroom/two-bathroom 1,200 square foot first farm dwelling. Finalized on October 10, 2016. • December 1, 2015: Issuance of building permit no. BK2015-02873 for the construction of a single story one-bedroom/one-bathroom 500 square foot guest house. Finalized on June 30, 2016. There is an existing operational coffee farm on the northern portion of the property. 14. Surrounding Zoning/Land Uses: Lands surrounding the subject parcel consist of a mix of residential and agricultural uses. The subject property is bordered by dwellings in all directions, the closest dwellings are approximately 85 feet from the proposed bed and breakfast structures to the north and south of the subject property. TMK 7-6-005:057, approximately 900 feet southwest of the subject property, was approved for Use Permit No. 159, to establish a 2-bedroom bed and breakfast operation. 15. Land Study Bureau's Detailed Land Classification System: Soil within the property is classified as "C" or"Fair". 16. Soil Survey: The soil is Nap6`opo`o cobbly hydrous silt loam with 10 to 20 percent slopes and consists of ash fields over a'a lava flows. The soil is well drained and the runoff class is high. 17. ALISH: The subject parcel is unclassified. 18. Flood Zone: The property is situated within an area designated as Zone X on the Flood Insurance Rate Map (FIRM)by FEMA, an area of minimal flood hazard located outside the 500-year flood plain. 19. Flora/Fauna Resources: Although no professional floral or faunal survey was conducted of the property, the property has been fully developed with three (3) dwellings and has an existing operational coffee farm on site. There are not any new structures projected to be developed on site other than construction of the required parking stalls and water system improvements. According to the applicants, the likelihood of encountering any rare or endangered species, habitat or flora on the property is remote. 20. Historic and Cultural Resources: No professional archaeological and cultural study was conducted of the property. According to the applicant, no archeological or historical -3- features are known to exist on the subject property nor is the property listed as a historic site on the State or National Register of Historic Places. There are no known traditional or customary Native Hawaiian cultural rights being practiced within the subject property or any known cultural or historic resources existing on the property. The applicant reports that they believe it is unlikely to find any significant archeological features on the site as it has previously been fully developed for residential and agricultural uses. 21. Public Access: There is no public access to any shoreline or mountain areas on the property. PUBLIC UTILITIES AND SERVICES 22. Access: The subject parcel is located on the mauka side of Mamalahoa Highway and is accessed via Duarte Road, a privately owned approximately 9-foot wide paved roadway over a 50-foot wide access and utility easement. Nonexclusive access to the subject property via the 50-foot wide access and utility easement was granted via Grant of Easement and Covenants to Maintain Easement Agreement dated September 14, 1984. 23. Traffic: Bed and Breakfast operations are limited by the Zoning Code to a maximum of ten (10) guests, as such the applicant is proposing to rent out three (3)bedrooms, which will operate below the ten (10) guest limit and is not expected to impact traffic any more than 3 occupied bedrooms of a dwelling. The applicant has proposed to schedule guest check-in and check-out after the AM/PM peak hours. According to the applicant the proposed development is not anticipated to generate adverse traffic impacts on the local roadway system. 24. Water: The applicant reported that the subject property, including all three (3) of the structures are currently serviced by a master water meter. The applicant submitted a letter from the Department of Water Supply (DWS) dated April 15, 1977 (attached to P.D. Exhibit 7) as proof of the authorization for the subject property to be serviced by a master water meter. However, the document was not executed and according to DWS this use of a master meter is inconsistent with standards and regulations of DWS. According to DWS the subject property is considered out-of-bounds. Parcels that are out-of-bounds are limited to just one (1)unit of water. DWS reports that one (1)unit of water can be made available to the subject parcel to service just one (1) of the dwelling units. Two (2) or -4- more dwellings may not share a 5/8-inch water meter, thus the other two dwellings must be serviced by a private water catchment system. DWS recommends the applicant enter into an out of bounds agreement with DWS, remit the payment of the necessary facilities charge as well as cost of the service lateral installation, and install a 5/8-inch water meter. A water supply capable of supplying the required fire flow for fire protection will need to be installed per the standards set forth in section 18.3.8 of the County Fire Code. 25. Wastewater System: Wastewater is presently disposed of into an existing cesspool for the second farm dwelling (proposed housing for farm manager/rental host) and the guest house. The first farm dwelling is serviced by an existing septic system. 26. Solid Waste: There are no municipal waste collection services in the County. All solid waste generated by the development will require private disposal at an approved transfer station or landfill. 27. Essential Services and Utilities: Police and fire facilities are available nearby in Kailua- Kona. Electrical and telephone services are available to the property. AGENCIES' COMMENTS 28. Department of Water Supply: (Planning Department Exhibit 3 —October 12, 2021 Letter) 29. Department of Public Works —Engineering Division: (Planning Department Exhibit 4 —October 5, 2021 Memo) 30. Department of Environmental Management—Wastewater Division: (Planning Department Exhibit 5—October 8, 2021 Memo) 31. Department of Health: (Planning Department Exhibit 6—October 6, 2021 Memo) AGENCIES AND ORGANIZATIONS—NO COMMENT/CONCERNS 32. Department of Environmental Management—Solid Waste Division, Police Department, State Department of Land and Natural Resources, State Office of Planning. AGENCIES AND ORGANIZATIONS—NO RESPONSE 33. Fire Department, Real Property Tax Office, State Land Use Commission, State Department of Agriculture. -5- APPLICANT'S RESPONSE TO COMMENTS 34. The applicant has submitted a response letter to comments received from several agencies. (Planning Department Exhibit 7—November 10, 2021 Letter from Sidney Fuke) PUBLIC COMMENTS 35. As of the date of this writing, the Planning Department has not received any objections from the general public or adjacent landowners. -6- ldd� SidneyFuke, Planning Consultarit Aplrdmp� 100 Pauahi Street,Suite 212#Hilo,Hawaii 96720 •Planning-Variance-Zoning Telephone:(808)969-1522 Cell:(808)989-0640 •Subdivision-Land Use Permits E-mail: sidfuke@hawaiiantel.net Environmental Reports September 23, 2021 Mr. Zendo Kern, Director Planning Department COUNTY OF HAWAI'l 101 Pauahi Street Hilo, llawai'i 96720 Dear Mr, Kern: Subject. Special Permit Application— Rachelle (Duarte) Onaka Proposed 3-room Bed and Breakfast Holualoa 14I and 2nd,North Kona 1-11 TN4K- 7-6-005: 017 In a letter, dated September 7, 2021, this oll'ice filed the Subject application, However, Upon your staff s careful review, a number ot'discrepancies were noted in,the report as well as the need to docurrient the subject property's access rights over an existing casement. In that regard, please find attached the updated report associated with the application for your consideration. We sincerely apologize 6or the discrepancies and trust that, this revised report will be accepted :for processing, please also note that.this office will be Sobinitting,the easement document separately. As always, please 1eel -free to contact me if there are questions on this matter, Thank you very much! SIDNEY M. FUKE Planning Consultant Enclosure cc Ms. Rachelle (Duarte) Onaka,w/enclosure via email Planning Dep,t. Exhibil—.,.. ... SPECIAL PERMIT APPLICATION PROPOSED 3-ROOM BED AND BREAKFAST RACHELLE ONAKA HOLUALOA 1ST AND 2ND, MAUKA SECTION, NORTH KO NA, HA AI] TAX MAP KEY: (3) 7-6-005: 017 INTRODUCTION Ms. Rachelle Onaka ("Applicant") would like to establish a 3-room bed and breakfast ("B&B") facility within an existing single-family dwelling and arl adjoining guest house on a 1 .312 acre property. The subject property is located mauka or east of the Old Mamalahoa Highway (also: known as the North Kona Belt Road) with a street address of 76-3724 Duarte Road. More specifically, it is situated immediately south of the Holualoa Elementary School and approximately one half (1/2) mile north of the intersection of the Old Mamalahoa Highway and Hualalai Road. As the site is designated Agriculture by the State Land Use Commission, a Special Permit is required to allow the requested use. This report is intended to support the request. IL PROJECT LOCATION As noted above, the subject parcel, consisting of 1.312 acres, is located on the mauka side of the Old Mamalahoa Highway. It is situated approximately one-half (1/2) mile north of the intersection of the Highway and Hualalai Road. The Holualoa Elementary School is located almost immediately north of the property. (Figures 1 & 2) The subject property does not front the Old Mamalahoa Highway. It is served by an existing 9+ foot wide paved road within a 50-foot wide easement. The easement bisects the subject property. (See Figure 2) Although the 1.312 acre site has an existing coffee farm and is bisected by the 50-foot wide easement, for the purpose of this application, the entire 1.312 acre site should be considered the requested or project site, as the entire site is used to directly and indirectly support the proposed B&B. I ,A &Oav� "rMS ocan '0JUTO 010 2 15-5641 Tj - 75-5710 80 3 10 fokepa Est Waiono,.Veadows co m.kapo..mau*a Kalipa P19 75-5818 e,pm,ed o Rd l�camestead Ltd 010 Ls, Holualow Hm V\ 0 ualoa seshoe TtIra Rd a Imin CTY, olualva Hmstd& OT 4=1 nol"Cu') Ba r "P 't 4 4% Kona Hotel 0 OffG4?""totiorl 10 P1 Holualoa 1nn office HOLUALOA School e. lalani 4/ p,,e I lone ,v 76 5999 P1 71, C, Osi s Rest B&B SUBJECT SITE 6,5985 pb.n. 5 0 N tingale Ln Kainano Sbd -0 Kal4mauka 11 ?"'Va.I pj i P� -9,6, Paved Oe ike (Rd B) Kona S.nshine aGardens u set Ohai Mauka raved 7- t Est 6 Rr, Estate at 6 0 fjoa @Copyright 2004, OdYSSeY Publishing, LLC See PC e 39 un AO D E C A B FIGURE I . .... ........ <O LO Ov PppF 4oWill Iv CCCCC11111 14 '5 Z11 14 1 SUBJECT SITE FIGURE 2 PROJECT DESCRIPTION A. Proiect Background and Concept The Applicant and her ohana have owned the subject and immediately surrounding properties for several generation. Appropriately and understandably, the 9+ foot wide paved road within the 50-foot wide access/utility easement bisecting the property is called "Duarte", the applicant's family name. The subject site has been cultivated into a coffee farm with nearly 500 trees. There is an existing 720 square foot, 2-bedroom dwelling on the site that was constructed in 1949. It is occupied by one of the family members and her family. To, aid with the further development and maintenance of this coffee farm, a Farm Dwelling Agreement ("FDA") was approved by the Planning Director on June 8, 2015 (FDA-000376). (Exhibit A) The FDA enabled the construction of a second dwelling on the site. It should be noted that the existing (first) dwelling, constructed in 1949, was considered grandfathered from the farm dwelling requirements. The second dwelling associated with the FDA was thus considered the first farm dwelling. (Page 3 of Exhibit A) Pursuant to the FDA, the second dwelling was constructed in 2016. The dwelling consisted of 1,200 square feet and 2 bedrooms. The dwelling was then occupied by a family member who assisted with the expansion and maintenance of the coffee farm. Because of the family size and the periodic need for a "spare" bedroom, a 500 square foot detached bedroom was constructed adjacent to the main or first dwelling also in 2016. Rather than renovating that dwelling, the family member felt that it was more practical and less expensive to construct a detached bedroom that qualified as a guest house. The family member who occupied the second dwelling eventually moved, leaving the farming operations to the family member who occupied the first or older dwelling. Seasonal employees were also hired to assist with the coffee farm on an as needed basis. Within the past few years, the Applicant and other family members elected to operate the second dwelling as a "hosted" short term vacation rental ("STVR"), with the "host" being the family member living in the first dwelling. At times, the "guest" bedroom was also rented as a STVR as 2 well. This approach was taken to supplement the income of the family member on a more sustainable basis. It should be noted that prior to its operation, the Applicant conferred with the County Planning Department and was informed that the STVR requirement of the Zoning Code did not apply to a "hosted" STVR. Because the Applicant now wants to be in a position to serve breakfast and have greater interaction with its guests, the Applicant would like to operate a B&B consisting of 3 bedrooms instead of a "hosted" STVR. As noted on the site plan, (Figure 3) the B&B would include the 2 bedrooms in the second dwelling (Figure 4), as well as the detached bedroom (approved as a guest house) adjacent to the first dwelling. (Figure 5) The family member living in the first dwelling would not only be the operator of the B&B but continue to operate and maintain the coffee farm. The first dwelling, thus, would functionally be the farm dwelling. The 3-room B&B would operate and be consistent with the criteria for B&B's outlined in the County Zoning Code. Specifically, these would be: 1. The operator will reside on the same building site. The operator will be living on the same site, less than 100 feet from the B&B rooms. 2. The rooms will be both within the single-family dwelling (2) and detached unit (3); 3. The total number of rentable guest rooms would not exceed five (5). There will be only three (3) rentable rooms; 4. The maximum number of guests at any one time would be capped at ten. The total number of guests would be less than ten (10); 5. Only breakfast meals would be offered to the guests. That is the Applicant's intent; 6. There would be a minimum of eight (8) parking stalls available for guests and the operator. While the stalls will not be paved, they will be in areas that have little erosion, mud, and standing water: and 7. Any and all signage will comply with the requirements of Chapter 3 relating to signs. 3 spoi puL'R b°t volvmoH EE 1O.9U9b pal rurior)UGH ' a 4 as lavna vzzE 9t CC x09 011hJ b 1 d d 1 15 u 4Lp5pp 5'• c(e) w� VN awe I 11HOV8cr 03 ;t 2 rIl�k � t ry � av uj ui tz ca w d �u E... co co 10 VtOPM = r l I CD w i W n .. m �n w lC.S 4 oa oaE FIGURE 3 j eta Boa 9 4(e) :)MI and c NVId �IC7O IJ ONIIS1Xd s ddy ....... ....____...., ........------.........._._---_. ..... ._ ..,. ... ..... . 1 I I I _ . C: w I z u J a ^+u .. ,s CL c ae w n w i .........Fry 4..., .....,. G'./:l { d; of nub 12}s{VQ]VnIOH C'M-SGl.96 H DO inelllol-I r (J8iavnclVUOvt {I oec� �'� 'i SNlJllbA 13 c{a 5on-9-c(¢) :NWI vWn0 T1i HDv "° M NV1d �001� JNILSIX9 — 0r� aA 6Q 1. s v d N 'd 9 G 9 9 6 `UyM�)F 21 y�`7 � �ymtn.'nb�aa IUC,� rF z �. .� uj �? 1 U. z O Q Y4 CJ v;' w I � 1 z I ' ° - 0 11 ! 1 F t 'r LU �1 �^ ew � { a ; 9 r FIGURE While operating as a hosted STVR, the applicant had frequent interactions with its guests. Guests expressed their enjoyment in spending time on an operating Kona coffee farm and hearing stories of how the farm got started by the applicant's grandfather and now being operated by 4th generation family members, as well as the history of Duarte Road and neighboring properties owned by the Duarte family, The STVR with its hopeful conversion into a B&B operation essentially functions as a form of Agricultural Tourism. B. Nature of Reques Given the above, a Special Permit would be required for the proposed 3- room B&B. C. Project Timetable and Cost The applicant hopes to begin implementing the project immediately upon issuance of the Special Permit. As most of the improvements are in, the Applicant anticipates having the B&B operational within a few months of approval of the Special Permit, subject to any permitting requirements. At this time, the Applicant does not see any construction cost requirement to operate the B&B. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The State Land Use designation of the subject property is Agricultural. As such, a Special Permit from the County Leeward Planning Commission is required to authorize the requested use. B. County General Plan The County General Plan Land Use Pattern Allocation Guide ("LUPAG") map designates almost the entire site Low Density Urban with a small portion on the mauka end as Important Agricultural Land. The Low Density Urhan allows residential use, whereas the Important Agricultural Land designation refers to land that have "better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors." Because the proposed use will not result in the reduction of any currently cultivated land, the requested Special Use Permit would not 4 be inconsistent with the General Plan LUPAG designation, and no amendments would be required. The requested uses should not detract from the parcel's on-going agricultural uses, as they are proposed for an area that is already established for non-cultivatable activities. With or without the requested uses, the amount of cultivatable area should remain the same. However, because the proposed B&B would be operating within an active coffee farm, having its guests exposed to the site should help foster the interest and growth in the coffee and overall agricultural industry. In that sense, the requested uses would fulfill the General Plan's Agricultural Goals and Policies. Specifically: Goals m Preserve the agricultural character of the island • Preserve and enhance opportunities for the expansion of Hawai'i's agricultural industry. Policies • Implement new approaches to preserve important agricultural lands. • Coordinate and encourage efforts to solve the problems of the agricultural industry in the County of Hawaii. • Assist in the development of agriculture. • Encourage, where appropriate, the establishment of visitor- related uses and facilities that directly promote the agricultural industry. • Encourage other compatible economic uses that complement existing agricultural and pastoral activities. The request would also not be contrary to the following goals, policies, and standards of the General Plan: Economic Element • Economic development and improvement shall be in balance with the physical and social environments • The County shall provide an economic environment which allows 5 new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment The County shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors Land Use Element • Designate and allocate land use in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County • Protect and encourage the intensive utilization of the County's important agricultural lands • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment C. Kona Community Development Plan L QP" _ .P Relative to the Kona CDP, Section 15.1 of the County General Plan called for the development and eventual County Council adoption of Community Development Plans. The General Plan states that the CDP "will translate the broad General Plan statements to specific actions as they apply to specific geographical areas," The General Plan also notes that should the CDP require a General Plan amendment, it could be considered concurrent with the adoption of the CDP. However, "If there is a direct conflict between the Community Development Plan and the General Plan, the General Plan shall be controlling." Pursuant to the above, the Kona CDP was developed and adopted by the County Council during the latter part of the year 2008. The CDP identified its vision to be "A more sustainable Kona characterized by a deep respect for the culture and the environment...." In terms of guiding urban and rural developments, one of the adopted principles called for developments in rural areas (such as the subject area) sire directed to existing rural towns and villages. The subject property falls within the Rural Transit-Oriented Developments (TOD) outlined in Kona Land Use Map of the CDP. The CDP identified several principles related to this "vision." These principles and their relationship to the proposed rezoning follow. 6 a. Protect Kona's natural resources and culture. The subject site does not have any critical natural resources, having been already developed as a farm with farm dwellings. The site is designated "X" on the Federal Emergency Management Agency's Flood Insurance Rate Map. This is areas outside of the 100-year storm. Appropriate on-site mitigation to accommodate project-generated drainage — if needed - will be addressed and implemented during the building permit and construction phases of this project. Furthermore, there are no known archaeological features or botanical resources on the subject site. b. Provide connectivity and transportation choices. The area of this proposed B&B is not identified as any future connector road or on the concurrency map of the Kona CDP. While the existing east/west (mauka/makai) easement running through the site could eventually provide further access to mauka properties, the applicant has no control over that portion. c. Provide housing choices. This principle is marginally pertinent, as there is a possibility that with the more intensive agricultural use of the property, there may be a need for an additional farm dwelling. In that regard, it would provide a housing choice, albeit a small one. d. Provide recreation opportunities. Again, this project is not a recreational one per se. Nevertheless, this site is not a critical resource for recreational opportunities, as it is, not a coastal property nor identified in the CP,D as an area necessary for future recreational purposes. e. Direct future growth patterns toward compact villages, preserving Kona's rural, diverse and historical character. The location of this site is proximate and somewhat within the southern portion of the town of Holualoa, an area identified as a Rural town. The proposed B&B should help foster this rural concept. As such, the proposed project would be consistent with this principle. 7 f Provide infrastructure and essential facilities consistent with growth. The basic infrastructure, like access and water, to support the B&B already exits. g. Encourage a diverse and vibrant economy emphasizing agriculture and sustainable economies. The Land Study Bureau has classified the soil as "C" or fair. Consistent with this designation, the subject area has been planted with coffee and some fruit trees. The B&B, with its active coffee farm, would enable guests to enjoy and learn more of the coffee industry. In a way, too, it would make it more feasible for the applicant to live on site and work the farm more intensively. g. Promote effective governance. This principle is not applicable. The CDP also discusses strategies for the "enhancement" of the agricultural industry in Kona, The requested use would be consistent with two of these strategies. One is the protection of agricultural lands, as no subdivision is being proposed and the existing agricultural activity on the site would be maintained. The other relates to agricultural tourism, which this request would be promoting. Accordingly, the requested use would further the agricultural objectives of both the General Plan and Kona CDP. As such,, no action or amendment to either document would be needed to effectuate this project. D. County Zoning The County zoning designation of the site is Agricultural (A-1a). The minimum lot size for this zoning district is one (1) acre. The subject property consists of nearly 1.312 acres and is thus considered a conforming lot of record. Within the A-1a zone, the applicant's existing uses such as the farm dwelling and coffee farm are permitted uses. What is being requested will not require any significant improvements to the property but involve expanded uses of the existing grounds and dwelling. While prohibited in the Zoning Code, a Special Permit would make those uses possible. Should the request be approved, subsequent "ministerial" or administrative type of permits such as Plan Approval, if needed, will be complied with. E. Special Management Area The subject site falls outside the Special Management Area. As such, no SMA permit is required. A discussion of the project's relationship to the Coastal Zone Management policies, however, is found in Chapter Vill of this report. F. Other Permittin_q Considerations As noted earlier, Plan Approval and other ministerial permits to comply with any conditions of the Special Use Permit may still be needed. V. INFRASTRUCTURAL CONSIDERATIONS A. Water The subject property is serviced with County water by a master meter located at the Old Mamalahoa Highway. This master meter also services the other properties within this area owned by the applicant's family. No additional meters and/or water service is being requested for this proposed activity. B. Wastewater The second dwelling which was approved for a farm dwelling is serviced by a septic system. The original dwelling and guest house are being serviced by cesspool. Thus, the proposed B&B will be serviced both by a septic system (for the 2-bedroom 2nd dwelling) and cesspool (for the guest bedroom associated with the original dwelling). C. Drainage According to the US Corps of Engineers, Flood Insurance Rate Map (FIRM), the area of the requested use is situated within Zone X. Said 9 designation refers to areas determined to be outside of the 500-YE�ar flood plain. The applicant has not observed any significant runoff or erosion in the recent past. As noted earlier, no significant improvements to the area of the requested uses are being proposed. However, if any improvements are made, pursuant to County drainage requirements, appropriate drywell and/or similar means to capture runoff from the newly constructed improvements will be built, if necessary, in conjunction with any permitting process. D. Access and Traffic Implications The subject parcel, consisting of 1+ acres, is located on the mauka side of the Old Mamalahoa Highway. It is situated adjacent and south of the Holualoa Elementary School. There is an existing 9-foot wide paved road within a 50-foot wide access and utility easement. The County-maintained Highway in this area has a varying right-of- way width of 20 to 50 feet with an equally varying pavement width of 15 to 20 feet. The area fronting the project site's driveway has an improved pavement width of at least 18 feet. There is good visibility entering and exiting that driveway. To minimize conflicts with school and commuter traffic, the applicant has proposed to have check ins and check outs after the AM/PM peak hours. Furthermore, the number of guests is limited by virtue of the number of bedrooms (3). That should be no more than a standard family living in this area. As such, the project is snot anticipated to generate any significantly adverse traffic impacts on the local roadway system. E. Other Utilities Electrical and telephone services are already available to the site. VL FNVIRONMENTAL CONSIDERATIONS A. General Description The subject parcel is located on the southwestern slope of Hualalai, approximately 3 miles from the ocean. The parcel is gently sloping, with an elevation of approximately 1,200 feet. 10 The average annual rainfall ranges between 60 to 75 inches. The wetter months tend to occur between March through September. The mean annual temperature is about 72 degrees Fahrenheit, with the warmer months during the summer. Because the site is situated on the leeward side of the island, wind tends to be light and variable. Slight easterly winds occur during the day, while westerly or mountain winds are prevalent during the evenings. For the most part, the entire parcel has been cleared and improved with coffee trees and related structures and improvements. B. Soils The Land Study Bureau's Detailed Land Classification System classifies the site "C" or "fair" (C-55). This suggests that the site has a fair productivity potential for agricultural crops. The soil is of the Honuaulu and pahoehoe series. This series consists of soil that is shallow, with moderately fine texture. The soil's parent material is volcanic ash and is well drained. Because it rocky with frequent outcrops of pahoehoe, it is not suited for machine tillability. This type of soil is typical of the coffee belt. This area is not classified on the State Department of Agriculture's Agricultural Lands of Importance to the State of Hawaii (ALISH) map. C. Floral and Faunal Although there were no professional surveys conducted of the floral or faunal resources of the site, the applicant does not believe that rare or endangered floral or faunal resources are likely to be found within the subject site. The site has already been cleared and is almost fully improved with coffee trees and the structures. There are remnants or pockets of ohia trees, Christmas berry and similar type of shrubs scattered throughout the subject site. Within the subject area, there are residential related type of landscaping plus the coffee trees. Due to the site's elevation, there is a potential that the Hawaiian Hawk (I'o) and Owl (Pu'eo) may frequent the general area. There are no signs that the parcel itself serves as a habitat for those birds though. Given the rural setting of the area, introduced animals like mongoose, dogs, feral pigs, cats, have been observed on the site. I I Notwithstanding the absence of a commissioned flora and fauna study, it would appear that this B&B use would not have any significant negative impact, if at all, on the floral and fauna resources in the area. This is due to the rural/agricultural character of this area, as well as the on-going agricultural use of the property. D. Archaeological Resources, For the same reasons noted above plus the fact that no land disturbance activity is being contemplated by the requested uses, no commissioned archaeological inventory survey and cultural assessment study was conducted. The past and current agricultural use of the site and improvements around the dwelling, resulting in its extensive clearing, reduce the prospect of finding any archaeological remains. Nonetheless, during the course of further development of the subject parcel, should any unanticipated archaeological features or sites be uncovered, work in the affected area will immediately cease and the applicant will notify the Planning Department. E. Valued Cultural Resources The recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai 0 Ke'Aina"decisions require decision-makers to consider a project"S impact to native Hawaiian gathering and fishing rights. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated traditional and customary practices of this site and the impact of this project to these resources and practices. In this situation, the subject parcel is not adjacent and/or proximate to the shoreline. As such, fishing and coastal access is not an issue. It is not known whether the subject or immediate surrounding area was ever used for the gathering of plants by native Hawaiians. The site has been used agriculturally as a coffee farm for nearly, 50 years. Almost all of the existing vegetation on the parcel now consists of introduced plant species. As such, it would appear very unlikely that the site would serve such purpose today and/or in the recent past. The cultural impacts, if any, thus appear to be non-existent. Notwithstanding the above, however, in the event documented claims of gathering are made of this parcel, the applicant will honor them 12 F. Volcanic and Earthguake Hazards The United States Geological Survey (USGS) designates the area Lava Flow Hazard Zone 4, on a scale of ascending risk 9 to 1. The populated area of Kailua-Kona also falls in this category, while the City of Hilo is classified Zone 3. Short of complying with Civil Defense measures, there are little structural improvements that can be done to mitigate this threat and reflects an ongoing threat to all residents and businesses in this area. The Building Code identifies the entire island of Hawaii in Earthquake Zone 4 and contains certain structural requirements to address the relative seismic hazards. In this situation, the applicant has plans to make any only residential related type of improvements. Any outdoor type of use would be of a non-structural nature and/or temporary to accommodate the special events. As such, compliance with these requirements should not become a significant issue. G. Other There should be little, if at all, increase to the ambient noise levels. The activities would be domestic related. Normal farm machinery or equipment noise would be louder. Besides, as either the applicant or a manager will be living on the property, guest noise will be controlled. The air quality in this area is mostly affected by emissions from natural, agricultural, and/or vehicular sources. Vehicular traffic to and from the site should not significantly increase over the current levels. The use itself is non-noxious, and no tour buses are not anticipated to frequent the subject site. The site of the structures where the requested use is to occur is situated mauka of the Mamalahoa Highway. Given the existing vegetation and topography, the dwellings are not readily visible from the Highway. As such, the existing structures should create no, if any, Vi_-,LJq1 iMPaCtS. Thus, the requested project should have little or no significant short or long term noise, air quality, or visual impacts. 13 VII. PLANNING AND LAND USE CONSIDERATIONS A. Surrounding Land Uses The subject parcel is located proximate to the rural/agricultural community of Holualoa. The Holualoa commercial area is situated less than a mile to the north. The Holualoa Elementary School is situated immediately to its north. There are scattered residences in the general area. Many of the lots in this general area average less than 5-acres, consistent with the A-1a zoning. There are, nonetheless, a number of smaller lots (some less than 1 acre) fronting the Old Mamalahoa Highway. B. Agricultural Impacts The requested use is intended to complement and enhance the existing coffee farm. As such, the B&B — as a form of agricultural tourism - should enhance rather than detract from the strength of the agricultural industry. As the proposed activities will occur within an area already not used for cultivation, they will not take away productive or potentially productive agricultural land. C. Economic Impacts The applicant currently has two (2) part-time employees that helps with the farm. The number of part-time and/or seasonal employees is greater during the coffee harvesting season. The proposed use should generate a need for at least one (1) new full or part-time employee to manage the B&B. It is anticipated that the applicant and/or on-premises manager would provide much of the essential services for the proposed uses. Vill. Relationship to SMA Objectives and CZMP In reviewing this project against the Special Management Area (SMA) objectives, policies, and guidelines of County Planning Commission Rule No. 9 as well as the Coastal Zone Management Program (CZMP) outlined in Chapter 205A-2, HRS, the following findings are noted: 14 A. Recreational Resources The subject site is situated more than 3 miles from the shoreline. Additionally, this site does not serve as a mauka-makai access to the coastline. As such, the requested uses should not have any adverse impacts to the recreational resources of the area. B. Historical Resources The site is fully improved and/or used in some form of agriculture. Thus, the likelihood of finding any more archaeological features of significant on the site or parcel appear quite remote. Further, should there be any inadvertent discovery of any archaeological features in conjunction with the use and/or development of any aspect of this parcel, work will stop and appropriate clearances from the State DLNR and County Planning Department will occur before said activity is resumed within the affected area(s). C. Scenic and Open Space Resources The subject parcel is located mauka of the Old Mamalahoa Highway. The dwelling and any additional improvements are not visible with the naked eye from either the shoreline or the Highway. Accordingly, the visual impact of this project to the coastal area should be non-existent. Although the site is located on the slopes of Hualalai, the existing vegetation and location and size of the structure effectively mute any visual impacts from the Old Mamalahoa Highway looking mauka towards Hualalai. Accordingly, the requested uses should not diminish the open space and scenic resources in this area. D. Coastal Ecosystem As no improvements are contemplated, the existing structures and associated improvements should not result in any increase in the VOILIM0 of rainwater on the site. Currently, rainwater is naturally drained on site and given the ground and soil condition, rapidly dissipates into the ground. The applicant believes that existing septic system should be adequate for the proposed B&B use, as the projected number of users of the site should not significantly increase over what was originally intended by the restrooms within the dwelling and associated structures. 15 Given the above plus the fact that the site is more than three 13) miles from the shoreline, the proposed B&B use should not generate any adverse impacts to the area's coastal ecosystem. E. Economic Uses There were signs that Hawaii's economy was turning around, until the recent COVID pandemic leading to some concerns over continued economic growth. Hawaii's short-term economic future is thus uncertain. Nonetheless, it is important to continue with projects such as this that indirectly enhances and emphasizes the island's agricultural industry. Establishments have to be creative to be able to attract visitors looking for unique experiences. This project, working within the framework of existing regulations, may thus help stabilize and/or provide some impetus to the island's economy. Although this project may generate only less than 2 new full-time job, its importance comes in the form of possibly helping to strengthen the existing coffee operation and its attendant educational value. F. Coastal Hazards The subject area is designated Zone "X" (areas of minimal hazard) on the, Flood Insurance Rate Map. As such, there would be minimal hazards resulting from floodwaters that cannot be properly addressed during the normal review and approval of any additional improvements to the site by the County. Further, the site is more than three (3) miles from the shoreline and is not within the County's Civil Defense Tsunami Evacuation Zone. G. Managing Qevell2pA2ent While this function is more applicable to the "authority" or approving naencies, the request is intended to operate within the Confines of the existing Zoning Code and Special Permit. The subject site is zoned A- lga, and the requested uses and design/development parameters, (parking, height, setback, etc.) are already consistent with said zoning. In that regard, this project would be consistent with the policy of "us(ing), implement(ing), and enforc(ing) existing law effectively to the 16 maximum extent possible in managing present and future coastal zone management." H. Public Participation There is a statewide public advisory body called Marine and Coastal Zone Management Advisory Group (MACZMAG) that has the task, among other matters, of advising the lead agency (Office of State Plan) on coastal management issues. This includes a direct or indirect review of certain requests that may have statewide coastal zone management implications. Public participation in the review of the permitting process is also achieved through the posting of a sign on the property notifying the public of the filing of this application. Additionally, notices to surrounding property owners of the submittal of a Special Use Permit application and another separate notice informing said owners of the date of the Leeward Planning Commission's required public hearing as well as the rights to request for participation via a contested case hearing are mailed. I. Beach Protection and Marine Resources The subject property is not a coastal property. As such, it will have no impacts to these policy concerns. used on the foregoing, it is concluded that the proposed improvements would be consistent with the objectives, policies and guidelines of the C2'MP', as outlined in Chapter 205A-23, HRS, and Planning Commission Rule No. 9 relating to Special Management Area. Specifically: The proposed project will not have any substantial adverse environmental or ecological effect. Any effect that may result will be minimized to the extent practicable and is clearly outweighed by public health, safety and welfare, and other compelling public interest. FUrthor, it will not gonornte nny ndvomo effects by themselves or in conjunction with other individual developments, the potential cumulative impacts of which would result in a substantial adverse environmental or ecological effect and the elimination of planning options. Appropriate mitigative measures will be taken to address any potential adverse impacts of this project; 17 • The proposed use - as discussed earlier - are consistent with the objectives and policies of the coastal zone management program and guidelines of the SMA Rules and Regulations; and • The proposed use is consistent with the County General Plan, Kona Community Development Plan, and the County Zoning Code. Although a Special Use Permit is required to effectuate this project, no amendment to any of those plans is needed. IX. JUSTIFICATIONS FOR REQUEST In determining whether the requested use is an "unusual and reasonable use" and thus should be permitted within the Agricultural District, certain guidelines are, used. These guidelines and their relationship to the requested use follow. A. Relationship to Land Use Law and Objectives The subject request will not be contrary to the Land Use Law, which purpose is to preserve, protect and encourage the development of lands in the State for their best uses in the interest of the public welfare. In this situation, the subject site's soil resource is not Class A or B. It is class C or fair. Thus, there would not be a reduction of that premium soil type resulting from the proposed use. Additionally, as the requested use will occur in an area already established for non-cultivated uses, they will not result in the reduction and/or displacement of any on-going or future agricultural activities on the parcel. Because of the nature of the existing agricultural use on the subject site, additional interest in the agricultural industry should be generated by occupants of the B&B. B. Relationship to General Plan and Other Planning Reguirements The requested use would not be inconsistent with the General Plan. For the most part, the General Plan LUPAG map designates this area Low Density Urban with only a small portion Important Agriculture. Because the propo-od use will not result in the reduction of any currently cultivated land, the requested Special Use Permit would not be inconsistent with the General Plan LUPAG designation, and no amendments would be required. The requested use should not detract from the parcel's on-going agricultural uses, as it will occur in an area already developed and not 18 cultivated. With or without the requested B&B use, the amount of cultivatable area should remain the same. However, the requested B&B use could add to the "flavor" and interest of a working coffee farm. In that way, it would help foster the interest and growth in the coffee and related agriculture industry, In that regard, the requested uses would fulfill the General Plan's agricultural objective. The request would also not be contrary to the goals, policies, and standards of the General Plan and Kona Community Development Plan as outlined in depth in Chapter IV-B. In addition to the above, all applicable requirements of the Zoning Code and/or other permits can be complied with, Relative to the proposed 3-room B&B, it is already allowed in the County Agricultural zone, subject to it meeting with the criteria outlined in the Code. This project will adhere to all of those criteria, such as capping the number of rooms at three (3) and with no more than ten (10) guests; having the owner and/or operator living on premise, and the like. Notwithstanding the need for a Special Permit because of the State regulations, the proposed B&B is considered a permitted use in the County Agricultural zone. The site is not within the Special Management Area (SMA). As such, a SMA Permit would not be required. It should also be noted that the Tourism Strategic Plan prepared by the Hawaii Tourism Authority in 1999 recommended that the State look into tourism market niche opportunities. Two of these — although somewhat overlapping — are Agri-Tourism and Edu-Tourism. Agri- Tourism is travel for education with an agricultural bent. Eclu-Tourism is along that line with an emphasis on education and training in Hawaii's unique natural and multi-cultural environment. The applicant's overall program reflects such an effort. This is an especially important marketing component to Asian countries, particularly Japan, where there is a strong agrarian base. C. Impacts to Surrounding Properties The immediately surrounding properties are zoned Agriculture (A-1 a). Most of the lots adjacent to the area of the proposed uses are less than 5 acres in size. There are a number of smaller lots (1+ acre) fronting the Old Mamalahoa Highway. As such, the homes in this 19 area are scattered and not physically proximate to the area of the proposed uses. There is also extensive landscaping and/or agricultural improvements bordering and within the subject parcel. The proposed use is expected to occur within an area less than 5,000 square feet of the 1+ acre site. There will also be an on-site manager or the applicant who will also live on the property. As such, nuisance issues such as noise can be easily controlled or addressed. Relative to the B&B, the impacts would be generally no different than a typical residence in terms of noise, traffic, and related infrastructure. Further, although there may be some traffic impacts resulting from the basic project itself, normal check in and departure would occur during non-peak hours. There would also be sufficient on-site parking, eliminating the need for any off-site or roadside parking. As such, the requested use should not generate any significant traffic impacts. Thus, the traffic, visual, and noise impacts — with the mitigation noted herein - resulting from the request to surrounding properties should not be significant. D. Infrastructural and Government Services Impacts The proposed use would not unreasonably burden public agencies to provide roads and streets, sewer, water service improvements. Potable water already services the site from the County's system, and no additional water service is needed. An approved wastewater system for the project (be it a septic system for the 2-bedroom unit and grandfathered cesspool for the other unit) already exists. Access to the parcel is via the Old Mamalahoa Highway, which is a County-owned and maintained road. This road has a varying pavement width of 15-20 feet in this area. The area fronting the subject parcel, however, has a pavement width of at least 18 feet. There is a 50-foot wide access easement from the Highway to the subject property with a 9-foot wide pavement. This is sufficient to allow for 4nrneraency vehicles to access, the site of the R&R. Fire stations are located in Keauhou and Kailua, all within 5 miles from the subject parcel. Police service is available from either Kealakekua or Honokohau. These public agencies already service this area, as there are homes in this area. As such, the project should not result in an extension of or place an unreasonable burden on these services. 20 The coffee industry is quite fragile and periodically can be quite fledgling due to disease such as the coffee borer. Over the past years, the public and private sectors have collaborated to make the coffee industry stronger and more viable. An example of this collaborative effort is found in the annual Kona Coffee Cultural Festival. The requested use would only aid rather than detract from this industry. In sum, while there are some limited public infrastructural downsides to a project of this nature (or for that matter, any other thriving coffee farm in this mauka Kona area), the applicant believes that the sustenance and growth of the coffee (and even avocado, and ranching) industry and island's economy outweigh the limited public infrastructural impact. C. Suitability,ofthe Site The existing coffee farm on the applicant's parcel and adjoining family properties will continue unaffected by the proposed B&B use. It will occur in already improved areas. As such, its use will not result in the removal of any productive agricultural land. According to the applicant, there has been no flooding or other natural disturbance in the area of the requested use. As such, there are no environmental restrictions over the use of this site for the requested use. F. Altering Character of Land The goal of the applicant is to retain the general character and ambiance of this area. In that regard, the applicant plans to improve only the existing coffee farm, an area that has already been previously disturbed. Further, most of the needed improvements associated with the requested use already exist, and thus, approval of this request should not result in the significant alteration of the existing character of the area. G� Unusual Conditions or Trends In this era of eco-tourism and edu-tourism, the applicant's B&B proposal fits this marketing niche. It is an attraction that will serve both locals and visitors who want to learn and experience more of Hawaii's agricultural industry within an operating farm. 21 In so doing, it provides interest and more support for the island's agricultural products. The increased demand for the product translates to greater economic return for an important agricultural activity. It also encourages its expansion. In so doing, lands can be put into more productive agricultural uses rather than lying fallow. This would be analogous to the wine industry. An excellent marketing program that touched upon one's health, culinary, and social taste, has fueled the growth of this industry. Similarly, a good marketing program helps to strengthen Hawaii, and particularly Kona, as being a boutique coffee producing area and as well as ranching. Relative to the B&B, in this era of eco-tourism, this type of facility is needed. It is geared for the traveler who likes to explore independently and developing its own itinerary, usually of the typical non-resort type. It provides an alternative form of accommodations being sought by many visitors but, unlike unauthorized short term vacation rentals, with a resident manager or owner living on the site to immediately address noise and related nuisance concerns. As such, it should not be regards as a "threat" to existing resorts, but instead more complementary. If this type of facility is not developed or provided on the island, the vacation seeker may look elsewhere — not at a standard hotel — but at a similar type of B&B or vacation rental here on this island or other parts of the State or world. It should also be noted that many operators of B&B provide informational guides to their guests. These include information on dining and shopping, many of which are located in resort areas. In that way, existing major resorts — largely through their restaurants and recreational amenities — indirectly enjoy the economic benefits of the guests of the B&B. 22 Willimn P.Kenoi Duane Kanuha Mayor Planning Dixector Bobby Command Deputy Planning Director West Hawai'i Office East Hawai'i Office 74-5044 Am Kcobokalole Hwy 101 Pauahi St ma,Suite 3 Knittra-Kona,flawaii 46740 County of Hawai'i Hilo,Hawai'i 96720 Phone(808)323-4770 Phone(808)961-8298 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8 742 June 8,2015 Albeft K &Sandra S. Duarte P.O. Box 133 Holualoa,Hawai i 96725 Dear Albert&Sandra Duarte: Additional Farm Dwelling Agreement Application(FDA-1 5-000376) Applicant: Albert K. &Sandra S. Duarte Owner: SANDRA S. DUARTE TRUST dated June 1, 2000 and ALBERT K. DUARTE TRUST dated June 1, 2000 State Land Use: Agriculture County Zoning-, Agricultural (A-I a) Land Area: 1.312 acres Pursuant to authority conferred to the Planning Director by Chapter 25, Article 5, Division 7, Section 25-5-77 of the:Zoning Code and Planning Department Rule 13, Farm Dwellings,we have reviewed your request for an additional farin dwelling on the subject property. Your submittals included the following information: 1. Name and. address of the landowner(s)or less ee(s),if the latter has a lease on the building site with a term exceeding one year from the date of the farm dwelling agreement. 2. Written authorization of the landowner(s)if the lessee filed the request. 3. A farm plan or evidence of the applicanfs continual agricultural productivity or farming operation within the Comity, including an explanation of why this additional fam dwelling is needeA in connection with the agricultu l productivity or farming operation. Your farmPlan included the following proposed income-producing agricultural activities on the subject property: (a) Proposed agricultural activities: I Maintain,and harvest 550 Coffee trees. 2. Nurse,plant and sell disease resistant coffee seedlings: approximately 500. (b) The labor man-hours for the above existing activities are 91 her per week. 4. Evidence of engagement in agricultural productivity in the form of a to of Hawaii Department of Taxation's General Excise(GE)Tax License has been presented. 5. The applicant's commitment to the farm plan will be shoe in the form of the enclosed Additional Farm Dwelling Agreement affidavit,to be notarized and submitted for recordation llawaii(.-a"jqV is an Equal C)pporwniip Provider and Empki3wr EXHIBIT A Albert K. &Sandra S. Duarte 6/8/15 Page 2 with the Bureau of Conveyances, which states,that the additional dwelling shall be used for farm-related purposes. Eindin M o. I. In Chapter 205, Hawai i Revised Statutes(HRS),the State Land Use Law, does not authorize residential dwellings as a permitted use in the State Land.Use Agricultural district unless the dwelling is related to an agricultural activity or is a farm dwelling, A farm well as defined in.Section 205-4.5, Chapter 205,HRS,means a single family dwelling located on and used in connection with a farm,including clusters of single family farm dwellings permitted within agricultural parks developed by the State,or where agricultural activity provides income to the family occupying the dwelling. (emphases added) 2. The subject lot was created in 1944 by apportionment,which,pursuant to HRS §205- 4,5(b),allows the first dwelling on the lot to be a single-family dwelling. 3. The Farm Plan, agricultural dedication, and the agreement to use the dwelling for agricultural or farm-related activity on the building site demonstrate that there is/will be income producing agricultural activity. 4. in addition,the following agencies have submitted their comments as stated below: (a) Department of Water Supply(Memorandurn dated May 1, 2015): "We have reviewed the subject application and have the following comments. The Department has no objections to the proposed additional farm dwelling. Please be informed that the subject parcel does not have an existing water service with the Department. The parcel does not front upon a Department of at Supply waterline and is,therefore, considered to be out of bounds. Parcels that are out of bounds are limited to just one it of water. One unit of water allows for,an average daily usage of 400 gallons served through a 5/8 -inch meter and is suitable for one single-family dwelling. Based on the above info nnation, one-unit of water can be made available to the parcel, subject to the applicant signing and following the conditions of an out of bounds agreement with the Department of Water Supply(DWS)and payment of the facilities charge and the service lateral installation cost for a 5/8-inch meter,which are shown below.Per the terms of the out of bounds agreement,the meter would need to be located adjacent to a DWS waterline and the applicant would be responsible for installing a private customer waterline from the meter to the a r lie t°s parcel. The Applicant would also be responsible fbr any permits and easements required for the installation. Pleasenote that two dwellings may not share a 5/8 -inch meter. Please be informed, should the application be approved,both dwellings sha,11 not share the proposed meter, and the water syslem plumbing between the two dwellings shall not be interconnected in any way. Remittance of the following charges,which are subject to change,would be required. Albert K. &Sandra S. Duarte 6/8/15 Page 3 FACILITIES CHARGE (FQ: Initial service to the parcel $1,190.00 SERVICE LATERAL INSTALLATION CHARGE: Install one meter on Mamalahoa Hijiltway, a County road $3,000.00 Total (Subject to Change) $4J90.00 Based on the proposed land use,a reduced pressure type backflow prevention assembly would have to be installed on private property within five(5) feet of any meter serving the property.The installation must be inspected and approved by the Department before at service can be activated. Should there be any questions,please contact Mr. Troy Samura of our Water Resources and Planning Branch at 961-8070, extension 255. (b) Real Property Tax Office: No comments were received. (c)Department of Health: (Memorandum dated May 22, 2015) "We recommend that you review all of the Standard Comments on our website: a a 1,, Any s �c ot4tmYt'TihnWt The same bsite also features a Healthy Community Design Smart Growth Checklist(Checklist) created by 13uilt_Env irom-n of the Hawai'i State Department of liealftL 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 projects. We also ask you to share this list with others to increase community awareness on healthy community design." _Decision: In view of the above, your request to replace the existing approved farm plan (approved under FDA-08-000204 and dated March 13, 2008)and construct a second dwelling as the(First) farm dwelling is approved subject to the following,conditions: 1. The additional,farm dwelling shall only be used to provide shelter for persons involved in the agricultural or farm-related activity on the building site. Family members who are riot engaged in agricultural or farm-related activities are allowed to reside in the farm dwelling. 2. The agreement shall run with,the land and apply to all persons wlic may, now or in tho future,use or occupy the additional farm dwelling. 3. The enclosed Additional Farm Dwelling Agreement C"A.FDA")must be returned to the Planning Department with the appropriate notarized signatures of all persons comprising the"First Party"to the agreement along with a check made out to the Burcau of Conveyances in the amount of$31.00 in accordance with the enclosed Additional Faim Dwelling Agreement.Instructions. The"Planning Department will not approve a Albert K. &Sandra S. Duarte 6/8/15 Page 4 building permit application for the additional dwelling until the AFDA document with all required attachments has been recorded at the Bureau of Conveyances. 4. The First Party shall comply with all other applicable rules,regulations, and requirements of the Planning Department(including but not limited to the Zoning Code, Chapter 25, Department of Public Works, Department of Water Supply, Fire Department and State Department of Health and other reviewing agencies/divisions listed on the Building Permit Application. 5, Your Additional FarmDwelling Agreement has been approved based on your existing and proposed agricultural activities as presented in your farm plan and summarized previously in this letter. It is required that the First Party (owners and their lessees and their successors in interest) to the Agreement shall continue to carry out and maintain this farm plan for the life of the additional farm dwelling. The Second Party(County of Hawaii Planning Department)of the Agreement may allow modifications for good cause shown by First Party. The First Party shall allow the Second Party or its representative to inspect the farm from time to time upon reasonable prior notice. 6. The First Party Is required to secure a building permit from the Department of Public Works,Building Division,for the construction oft e additional farm dwelling on or before June 8,2017. Failure to secure a building permit for this additional -farm dwelling on or before June 8, 2017 may cause the Director to initiate proceedings to invalidate the AFDA. Should you have any questions, please contact De Bugado of our West Hawai i office at 323-4770, S' erel ANEKAIHA Planning Director D,EB:deb P:\afda\Kona AFDA\Approval\AFDAap-7-6-005-017.-Duwte x c'. Chief Sanitarian,DOE w/application Manager, DWS w/application Administrator,RPT w/application planning Department—Kona § 25-4-4 HAWAI`I COUNTY CODE Section 25-4-4. Uses prohibited. Any use not listed among the permitted uses in a zoning district is a prohibited use within that district, except as otherwise provided in this chapter. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-4-5. Uses authorized by other permits. In all districts, all land uses allowed in permits granted by the state land use commission or the commission pursuant to chapter 205, Hawaii Revised Statutes, all land uses allowed in permits issued by the commission or the director pursuant to chapter 205A, Hawaii Revised Statutes, and all land uses allowed in permits issued by the State board of land and natural resources pursuant to chapter 183C, Hawaii Revised Statutes, or any amendment thereto, shall be deemed to be permitted uses. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-4-6. Use of streets. Except as permitted by the council, no street shall be used for the display, sale, or private storage of any commodity or any material, nor shall any structure be placed therein other than a driveway, ramp or similar structure that is necessary for vehicular access to the adjoining property. This section shall not prohibit normal street improvements and those other facilities normally placed in streets. (1996, ord 96-160, sec 2; ratified April 6, 1999.) Section 25-4-7. Bed and breakfast establishments. (a) Bed and breakfast establishments shall be permitted in the RD, RM, RCX, V, CN, CG, CV and CDH districts. A bed and breakfast establishment may be permitted in the RS districts and RA, FA, A districts, within the State land use urban district, provided that a use permit is obtained for each such use. A special permit shall also be required for any bed and breakfast establishment located in either the State land use rural or agricultural districts. (b) A bed and breakfast establishment shall be subject to the following standards: (1) The bed and breakfast establishment shall be subordinate and clearly or customarily incidental to the principal use as a residence by its operator and not alter or be detrimental to the character of the surrounding area. (2) The operator of the bed and breakfast establishment shall reside on the same building site as that being used for the bed and breakfast establishment. (3) The bed and breakfast establishment may be located on a building site, within any single-family dwellings, and/or guest houses (pursuant to section 25-4-9). (4) The bed and breakfast establishment shall contain no more than five guest bedrooms for rent to guests. (5) The maximum number of guests permitted within a bed and breakfast establishment at any one time shall be ten. 25-50 Planning i. Exhibit ZONING § 25-4-7 (6) Only breakfast meals may be offered to guests. The serving of breakfast meals on the building site, for a fee to individuals other than registered guests shall be prohibited. A bed and breakfast establishment shall not operate as a food service establishment (i.e. a restaurant), unless such use is a permitted use within the zoning district and the required permits have been acquired. (7) One paved (with materials such as bricks, concrete, asphalt concrete surface or chip-seal, pavers, stones) off-street parking stall shall be provided for each guest bedroom, in addition to the required stall(s) for the dwelling unit, except that in the RS, RA, FA and A districts paved parking stalls shall not be required as long as the material used for the parking stalls will eliminate erosion, mud and standing water within the parking stall area. (8) Exterior signage which advertises the dwelling as a bed and breakfast establishment shall comply with the requirements for residential signage as set forth in chapter 3 (advertising and signs), Hawaii County Code. (c) Any bed and breakfast establishment which has not received the required permits shall be considered illegal under this chapter, unless otherwise noted herein. (d) Any bed and breakfast establishment existing as of the effective date of this section and conforming to the standards contained in section 25-4-7(b) which has not received the permits required under section 25-4-7(a) may continue such use for twelve months following the effective date of this section. After this date, continued use without having submitted the necessary permit applications shall be considered illegal under this chapter. (e) The conditions contained in any use permit issued for a bed and breakfast establishment prior to the adoption of this section shall continue to apply to the bed and breakfast establishment, notwithstanding provisions to the contrary contained in this section. (1996, ord 96-160, sec 2; ratified April 6, 1999; am 2000, ord 00-152, sec 3; am 2012, ord 12-124, sec 5.) Section 25-4-8. Temporary real estate offices and model homes. (a) Temporary real estate offices for new developments shall be permitted in all districts except for the A, IA and O districts, and model homes for new developments shall be permitted in all districts except for the A, IA, MCX, ML, MG and O districts, provided that final subdivision approval of the development has been granted by the director and plan approval for any temporary real estate office and/or model home is secured from the director prior to the establishment of such use. (b) A temporary real estate office and model home shall also be subject to the following conditions: (1) The development in which the temporary real estate office and/or model home is proposed to be situated must consist of six or more lots and/or units. (2) The temporary real estate office and/or model home shall not be used for a period longer than twenty-four months from the date of plan approval by the director; provided that extensions may be granted by the director. 25-51 sJ P M0 r....DEPARTMENT OFWATER S Mom'P P L�� - '«�F O U T OF ,�l AWA ' 45KEK 1 ,NAO' STREET, SUITE20 • HILt , HAWAI`l 96720 (la W.WkR ' TELEPHONE (808) 51-805,0 . FAX (808) 51-8657 (-)ctobca- 12., 2021 l ill i ,'e.1 1 Ii�)t (�E OCT f 10: Mr. Zendo Kern,, Director RE-C"D HAND l" i_l-.IVERE, Planning Department FROM: Keith K. Okamoto, Nalaaaaa ei--Ciiict`1^ja inner SUBJECT: Special Permit Application (SPP 021-0(}0003) Applicant--Raachelle Onaakar. Request—To Establish a 3-Bedroom Bed & Breakfast Operation within an Existing Single-Family Dwelling and Detached Guest tiouse Taax. Map Key 7-6-005:017 We have reviewed the subject application and have the following coninlents. The Department has no obJections to the proposed application. [)lease be inforniecl that the SL1hjecc parcel sloes not have an existing water service with the Department. 7Hie parcel sloes not front upon as Department cal`Water Supply waterline and is, therefore, considered to be out-of.pounds. Parcels that are caaat-ol=l1cauan6 aaa-e limited to j ust one (l ) unit of water. One (1) unit of water allows for an average daily usage of 4ttt1 gallons served through as 5./8-inch meter and is suitable for one (1) single-family dwelling. 11ased on theabove information, one unit ofwater can be made available to the parcel, subJect to time applicant signing and l'ollowing the conditions cal'aan out Of bounds agreement with the Department ot. 'Gaw'aatea• Supply (DWS) and payment of the facilities charge and the service lateral installation cost for a. 5/8-inch aneter, which are shown lmelowv. Per time terms Of time Out of'bounds ag,reenaent, time meter would need to be located aaaljacent to as DWS waterline and, time applicant would be responsible for installing as private customer waterline from time meter to the applicant's parcel. Applicaant would also, he responsible for any permits and casements required for the installation. Please note that two (2) dwellings may nol share as 5/8-inch meter. ]'lease be iamt'cwa-ammecl, should the application he approved, multiple dwellings shill not share the proposed meter, and the: water system plumbing between the any dwellings shall not he interconnected in any way. Pl r4 t r to r t ca tt w atcra . . . bra W i '!(an . The Department of USiler Supply is an Equip Opportunity prom der and emp dryer. Mr. Zendo Kern, Dlc'Cctor Page 2 October 12, 202 1 Rcinittance of the I61lowing charges, which are subject to change, would be rcquire& Initial service to the parcel $1,319,00 S,FIR V R-T" LAITIRAL INSTALLATION CFIARGF': Install one ( I ) meter on Mam5lahoa 11121,iway, �,l County road L)0100 Total (subj:ect to change) $4,319.00 Based on the proposed hand use. as reduced pressure type backilow prevention assembly WOUld 113VC, to be installed on private properly within five (5) tect ofany meter serving the property. The installation TIIUSt fie inspected and approved by the 1.)epartnient before water service can be activated. Should there be any questions, please contact Mr. 'I'royr Samura ol'our Water Resources and Planning Branch al, 961-8070, extension 255. Sincerely YOUrS, WNWA-b Keith K. Okarnoto, Manager-Chief Frigilleel, TS -d,f'g copy -- Ms. Rachelle Onaka (w/copy ofbacktlow Prevention handout) DWS Customer Service Sections (Miles and Kona) DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII H I LO, HAWAI I DATE: October 5, 2021 ftoxft"464W TO: Zendo Kern, Planning Director FROM: " Department of Public Works, Engineering Division SUBJECT: SPECIAL PERMIT APPLICATION (PL-SPP-2021-000003) Applicant: Rachelle Onaka Request: To Establish a 3-Bedroom Bed & Breakfast Operation within an Existing Single-Family Dwelling and Detached Guest House TM K: 7-6-005.017 We have reviewed the subject application forwarded by your memo dated October 5, 2021, 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 Flood 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. County of Hawaii is an Equal Opportunity Provider and Employer yNnfh dW' •Y�kr Mitchell D. Roth �i,i, Rarnzi I. Mansour Mayor «f ;* director Lee E.Lord OF µ +"M Brenda D. lokepa-Massa Managing Director Deputy Director County of Hawaii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao`a Street,suite 41 • Hilo, Hawaii 96720 Ph: (808)961-8083 * Fax: (808)961-8086 Email: cohdem@hawaiicounty.gov MEMORANDUM TO: Zendo Kern, Director Planning Department FROM: Ramzi I. Mansour, Direct Department,of Environmental Management DATE: October 8, 2021 SUBJECT: Special Permit Application(PL-SPP-2021- 000003) Applicant: Rachelle Onaa Request: To Establish a 3- Bedroom Bed& Breakfast Operation within an Existing Single-Family Levelling and Detached Guest House Tax.Map Key: (3) 7-6-00 .017 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 comments. ( } Commercial operations, State and Federal agencies, religious entities and non-profit organization may not use transfer stations for disposal. ( ) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent.. ( ) Ample and equal room should be provided for rubbish and recycling. { ) Green waste may be transported to the green waste sites located at the '[Nest Hawaii Organics Facility and East Hawaii Organics Facility, or other suitable diversion programs. ( ) 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 De pi. County of Hawaii is an Equal Opportunity Provider and Employer Ramzi I. Mansour, Director October 8, 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 Hawaii County Code. Require Council Resolution to approve sewer extension in accordance with Section 2 1- 26.1 of the Hawaii 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 Hawaii County Code. Check or line out as applicable: [ ] If required by the Director of the Department of Environmental Management ("Director of DENT"), [ ] 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 Health regulations, Other: Milts DAVID Y.IGE o F„ ELIZABETH A.CHAR,M.D. GOVERNOR OF HAWAII p �g es 9 y DIRECTOR OF HEALTH STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: October 6, 2021 TO: Mr. Zendo Kern Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Special Permit Application (PL-SPP-2021-000003) Applicant: Rachelle Onaka Request: To Establish a 3-Bedroom Bed & Breakfast Operation within an Existing Single-Family Swelling and Detached Guest House TMK: 7-6-005:017 Guidelines for Bed and Breakfast Operators Purpose The purpose of these guidelines is to provide interpretation of the Department of Health's Administrative Rules, Title 11, Chapter 50, Food Safety Code, as it pertains to Bed and Breakfast operations. Definitions "Bed and Breakfast establishment" means a single-family dwelling, including a single guest house, in which overnight accommodations and only breakfast meals are provided, and the number of guests does not exceed six(6). "Potentially hazardous food" means any food that consists, in whole or in part, of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea or other ingredients, including synthetic ingredients in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. The term does not include foods that have a pH level of four and six-tenths or below or a water activity (aw) value of eighty-five hundredths or less. Notification and Permit Requirements Zendo Kern October 7, 2021 Page 2 of 2 When required by the County Planning Department, Bed and Breakfast establishments may request documentation from the Department of Health. The Department of Health will provide documentation to the Planning Department once written communication from the Bed and Breakfast operators are received regarding their food service operations. If the proposed Bed and Breakfast meal consists of commercial cereal,pastries (except custards or cream filled), breads, fruits, coffee, tea, and juice, a food establishment permit will not be required from the Department of Health at this time. This limited menu must be documented in a letter to the Department of Health. The guests shall be informed by statements contained in published advertisements, mailed brochures, and placards posted at the registration area that the food is prepared in a kitchen that is not regulated and inspected by the Department of Health. For Bed and Breakfast operations that provide meals which include potentially hazardous foods, a food establishment permit will be required to operate. County landuse approval for operating a food establishment may also be required. A kitchen used to prepare foods for individual family consumption will not be allowed to be permitted. A separate commercial kitchen will need to be constructed. If you have any questions regarding this guideline,please contact our Kona office at(808) 322- 1507. 'SidneyFuke, Plaroni!aig (.0rISUItaM 100 Pa Uahi Street, Suite 212-Hilo, Hawaii 96720 Planning-Mariance-Zoning A Telephone:(808)969-1522-Cell: (808)989-0640 Subdivision-Land Use Permits A E-mail: sidfuke@hawaiiantel,net Environmental Reports November 10, 2021 Mr. Zetido Kern, Director 111anning Departryient COUNTY OF HAWAI'l 101 Pauahi Street, Hilo, f4l 96720 Dear Mr. Kern: Subject: Special Permit Application (SPP 202 1-000003) Applicant. Rachel naka Holualoa 11t and 2"d North Konaa :- 7-6-005: 017 Thank you for providing me with at copy of agericy conitnents to date via the EPKI' system regarding the SLII�ject application. We not that the Dep r il Lit, tate Office (if"Pia nning, and State of T'I nid and Natural Reso EP12,� e District Land Division, had no ..................................... -Ii4L � I- lig 'dII&ILI Id....2...............—........... e(,"ffrtments or obJectians to d'ie request. While the Solid Waste Division of the ment ofEnvironryiental Uwg,,!jULnt had no conirrients., the Wastewater Division cornm(:,-nted fliat lhe pro ect coinplies with the requirements of the State Depaxtrrient of Health. In that regard, please note that the second or new dwelling is serviced by a septic systeni. The first or older dwelfing and if'S gU e-Sl bedroom are serviced by a, esspool, Being Functionally part of the older dwelling and not exceedinj.) the five (5) bedr,00rn fitnit, the guest bedroom was allowed to utitize the cesspool by the Department offleallh, The State Q rtment of ea h fin-ift d its comments to the food service wipect of 3 H � e --alL---------- I"t-- the proposed Bed and Bream ([3&,B). T'he applicant will adhere to those adhere to the gUidefines and/or requirements of the,DO11. The o Lirlty E' gincerin Division ouflined its grIlnent o[Tutflic Works - n requirements pertinent land disturbance and drainage P I ernfits and requirements, Although, the applicant has no plans to make any improvernen IS aussociaateac ith 1he proposed B&B, in the en/oril it doc�q, it will adhere�,to those requirements.. Finally, the of Water SU noted that while the property P does not have its own nwter, it will assign one with the Understanding that an out of bounds agreement be exc,,cuted and thee; Eacififies ft,,e be paid. It also added that two (2) dwellings inay not share the five-eights (5/8) itwh meter. Planning Dept, Mr. Zendo Kern, Director November 10, 2021 Page 2 The subject site, as are other lots along Duarte Road, is currently serviced by a one and a half(1.5) inch master water meter located along Marnalaboa Highway. This in aster nieter was approved in a letter, dated April 15, 1977, a copy of which is attached. This system was intended to service the lots in this area with conditions. One of the conditions required only one person to be responsible for all charges. Pursuant to that, lots in this area constructed its own private water line that extended from the,master meter to the respective lots. Relative to the sub'ject property, there are three (3) such lines that service the two (2) dwellings and the guest bedroom. While the applicant would prefer having the new meter service the two (2) dwellings, in the event the DWS deems it not possible, the meter will then be assigned to the older dwelling and its guest bedroom. Water service for the second dwelling will then continue to be served by its own line from the master meter. I trust that the roregoing adequately addresses the comments from the various agencies. If not or if are further comments, please 1.*eel -free to contact rne. Thank you very much! in.crel SIDNEY M. FUKE Planning Consultant Enclosure Copy —Ms. Rachelle Duarte w/ enclosure via email y nA F �r ' C A F 7 v9 E I 7 1l S LJ P P S_"'� C O U N �"Y t 1 WhW'���,„,,:,.� P, 0, BOX M20 u HMO, HAVVA" 00720 a 25 At, PUPA STREET April 15, 1977 Mrs. Thomas Duarte Jr. P. 0. Box 213 Hol ual oa , Kona, Hawaii 96725 Ps: Water Service Rgquest for 1-1/2-i nah Peter Holua"loa, Kona, Hawaii 00 7_6-0 a:22 In regards to.your letter dated March 21 , 1977, we are providing you with the following information in an. attempt to clarify the conditions pertaining to your previous request for an 1-1/2-inch meter and our subsequent response,. Over the pant years, the rapid increase in consumption of the Kona area has been constantly approaching the available supply. Your area is fed by a series of booster pumps and collection tanks which are supplied by our Kaha;luu Deepwells. Presently, these Deepwells are running almost constantly to keep up with the demand generated by your area and that of the lower areas of North Kona, Therefore, in fairness to everyone concerned, we had set restrictions in June, 1975, limiting the size of meters allowed for the different areas based upon their own individual flow characteristics. These restrictions insured that everyone would be able to obtain a dependable, service without causing any detrimental effects to those customers already being served.. Consequently, when your request was made for a 1-1/2-inch meter it was denind. You were then informed that individuals could obtain separate Vinch meters. This alternate, however, was rejected. Therefore, in an effort to be consistent with our policies and to provide you with your desired service, we have formulated a set of conditions. Your request for a 1-1/2-inch meter will be approved pending acceptance of the following conditions 1 . There shall be ,just one individual who shall apply for the meter and be Meld respuns (tile and liable for all char ge a r-e3ulting Quill installation and use thereof. Mrs. Thomas Duarte Jr. Page 2 April 15, 1977 2. No additional water service shall be granted to Mr. Mrs. Thomas Duarte, Jr. , Mr. A Mrs . Albert Duarte , Mr. & Mrs. Charles Duarte or Mr. & Mrs. Norman Pacheco,, or for that parcel described by TNK: 7-6-05:22 until such time that the Kona Uater System Improvements' are completed and the Department of Water Supply determines that additional service to these persons mentioned above will not have any detrimental effects to the existing customers nor create adverse conditions for future service. 3. The Departmant of Ontor Supply rescrycs tho right to kcrcas'-, the meter size if it in deemed necessary and in the best interest of its operation. Written notice shall be given one month prior to any change, Please note that there are two identical letters. if the conditions are acceptable to you, please have all four parties signify so by signing the spaces provided below of each letter. Return the original to us and retain the other for your records. Also on each letter please indicate on the space provided, the party who shall be held responsible and liable for the meter and its subsequent usage and charges. Should there be any questions, please call us. fa Aki ra a Moto Manager MP Etc. We, the undersigned , hereby agree to the conditions as set forth above, Responsible Party Approved for Manager Department of Water Supply