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HomeMy WebLinkAboutPD BACKGROUND REPORT (PL-SPP-2022-016)BSilber. SPP.9.21.22 COUNTY OF HAWAI`I PLANNING DEPARTMENT BACKGROUND REPORT ROBERT J. SILBER SPECIAL PERMIT APPLICATION NO. PL-SPP-2022-000016 ROBERT J. SILBER is requesting a Special Permit to legitimize the operation of a holistic education center on approximately 8.134 acres of land in the State Land Use Agricultural District. The subject property is located at 13-2060 Lolia Place, approximately 0.3 miles northwest (mauka) of its intersection with Kalapana-Kapoho Beach Road, Pohoiki, Puna, Hawaii, TMK: (3) 1-3-002:140. APPLICANT'S REQUEST 1. Request: The applicant is seeking a Special Permit to legitimize the operation of a holistic education center on an approximately 8.134-acre property within the State Land Use Agricultural District. The applicant's proposal includes construction of the following new buildings: • Four new 400 square -foot cabins, each with a 160 square -foot lanai • Two 1,700 square foot, 2-story multi -purpose buildings • A 1,800 square -foot agricultural greenhouse • An in -ground pool and a sauna • Two 10,000-gallon water tanks for potable water • Additional fire -suppression water tanks totaling 60,000-gallons • Two septic systems In addition, the applicant is proposing to obtain building permits to convert several existing structures permitted for residential use to the proposed holistic education center use, including the following: • A 600 square -foot efficiency dwelling with an attached 600 square -foot covered lanai • A 768 square -foot garage with a roof -mount photovoltaic system -1- • A 600 square -foot carport • A 1,800 square -foot agricultural greenhouse • A 19,000-gallon water catchment tank and pump house Finally, the applicant is proposing to obtain "as -built' building permits for several existing, unpermitted structures, including the following: • Two 1,700 square -foot, 2-story lodging houses • Two 400 square -foot cabins, each with a 160 square -foot lanai • A bath house • An above -ground pool and a hot tub • Three agricultural storage buildings. The applicant is proposing to offer up to two retreats per month for up to 24 participants per retreat. Should there be additional rooms available, the applicant is proposing to offer cabins and lodge buildings to the public for short-term rentals, for a maximum of 20 non - retreat guests. Given that the applicant is proposing a total of 22 double -occupancy rooms, there will be a maximum of 44 guests, including retreat and non -retreat guests, at one time on the subject property. The applicant proposes to transport retreat participants in a 15-passenger van as well as provide on -site gravel parking for 30 vehicles. 2. Purpose of Request: The applicant is requesting a Special Permit to operate a holistic education center (hereinafter referred to as Center) that will offer yoga, meditation, environmental sustainability, permaculture and personal improvement classes as well as host retreats and yoga teacher trainings on the property. According to the applicant, the classes and retreats are intended to be held alongside and in conjunction with existing agricultural activities on the property, including fruit tree orchards and vegetable gardens. Additionally, obtaining a Special Permit will allow the applicant to legitimize the holistic education center, which has been operating for several years without proper permits, and to resolve the Notice of Violation and Order issued by the Planning Department in 2019. 3. Staffing/Employees: According to the applicant, the proposed Center will be run by approximately 6 volunteers. 2 4. Hours of Operation: The applicant is proposing that hours of operation for center activities will be limited to 7:00 AM and 9:00 PM daily. 5. Definition of "Lodge": According to Section 25-1-5(b) of the Zoning Code, a "lodge" means a building or group of buildings, under single management, containing transient lodging accommodations without individual kitchen facilities, and no more than forty guest rooms or suites, and generally located in agricultural, rural or other less populated areas. The proposed Center use meets the definition of lodge as 22 transient lodging rooms without individual kitchen facilities will be provided for guests on the property, the Center will operate under single management, and the property is located in an agriculturally zoned area. 6. Landowners: Robert Jerome Silber. 7. Supportive Information: The applicant has submitted the attached in support of the request (Planning Department Exhibit 1 —Special Permit Application received July 25, 2022 and Supplemental Information received August 24, 2022). BACKGROUND INFORMATION 8. February 20, 2019: The Planning Dept issued a Notice of Violation and Order following receipt of several complaints alleging the use of the subject property for unpermitted commercial operations, including, but not limited to overnight lodging/accommodations, festival events, and chef -prepared meals for sale. Subsequently, inspectors from the Planning Department conducted a site visit which confirmed that unpermitted commercial operations had ceased, however the applicant has since resumed operation without Planning Department permission. The applicant has submitted the subject Special Permit application to resolve the alleged violation. STATE & COUNTY PLANS 9. State Land Use District: Agricultural District. 10. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Important Agricultural Lands, which are those lands with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. 11. County Zoning: Agricultural 1-acre (A -la). 12. Puna Community Development Plan (PCDP): The PCDP was adopted by the Hawaii County Council, Ordinance 08 116, on September 10, 2008. The subject property is not located within or near any village center. 13. Special Management Area (SMA): The subject property is not located within the SMA and is located 0.4 miles from the nearest shoreline. 14. Coastal Zone Management: The entire State of Hawaii lies within the Coastal Zone Management area. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 15. Subject Property: The subject property is approximately 8.134 acres in size and is rectangular in shape. The property is improved with a 600 square -foot efficiency dwelling with an attached 600 square -foot covered lanai, a 768 square -foot garage, a 600 square -foot carport, a 1,800 square -foot agricultural greenhouse, a 19,000-gallon water catchment tank and pump house, and a roof -mount photovoltaic system, all permitted in 2016 as "as -built" residential structures for personal use. According to the applicant's site plan, there are twelve existing, unpermitted structures, including two 1,700 square -foot, 2-story lodging houses, two 400 square -foot cabins, each with a 160 square -foot lanai, a bath house, an above -ground pool, a hot tub, and three agricultural storage buildings. 16. Surrounding Zoning/Land Uses: Surrounding parcels to the east, south and west of the subject property are zoned A -la and range in size from approximately 3 to 17 acres. To the north of the subject property is an 803-acre parcel zoned A-10a. Most surrounding lots are used for agriculture or are vacant and undeveloped, with few dwellings. The nearest permitted dwelling is located approximately 260 feet southeast of the subject property, on TMK 1-3-002:118. 17. Flood Insurance Rate Map (FIRM): The property is located within Zone "X," an area determined by FEMA to be an area outside the 500-year floodplain. 18. U.S.D.A. Soil Type: Soils in this Project Area are classified as Malama extremely cobbly highly decomposed plant material, dry, 2 to 40 percent slopes. rd 19. Land Study Bureau Soil Rating: Soils within the project site are classified as "E" or "Very Poor" for agricultural productivity. 20. Agricultural Lands of Importance to the State of Hawaii (ALISH): " "Other". 21. Flora/Fauna Resources: No formal flora/fauna study has been conducted on the subject property. The property has been developed with a dwelling and agricultural structures. Site vegetation consists of a variety of fruit trees and vegetable gardens as well as invasive species such as ironwood, Australian red cedar, octopus tree, trumpet tree, pigeon pea, lauae, comb hyptis, and guinea grass. Introduced bird species such as dove, Japanese White -eye, house finch and myna are commonly found on the property, in addition to domestic animals such as cats, dogs, goats, chickens, rats and feral pigs. According to the applicant, the likelihood of rare or endangered species on the property is remote since the property has been cleared for residential and agricultural use. According to the State Department of Land and Natural Resources, Division of Forestry and Wildlife (DOFAW) the Hawaiian Hawk, State listed Hawaiian Goose (Nene) and State listed Hawaiian Hoary Bat may occur in the project vicinity. DOFAW provided guidance on measures to avoid and minimize impacts to listed or endangered species, in addition to guidance on avoiding the spread of invasive species and pathogens. 22. Archaeological/Cultural/Historical Resources: According to the applicant, historic aerial photography from 1965 shows that the subject parcel and nearby area had been cleared and planted in orchards. No formal archaeological studies have been done on the subject property and there are no known historic sites as listed on the State or National Register of Historic Places. A request for review of the application was sent to State Historic Preservation Division (SHPD) as a part of this application process. According to SHPD, no historic properties are affected by the proposed project. There are no known valued cultural, historical, or natural resources that exist on the property and no evidence of traditional and customary Native Hawaiian rights being practiced on the site. 23. Public Access: There is no known public access to the mountains or the shoreline that runs through the property. 24. Traffic: According to the applicant, traffic on the access road, Lolia Place, is minimal and made up primarily by residents or visitors to the Lolia Place subdivision, while traffic along Kalapana-Kapoho Beach Road is light to moderate. The applicant anticipates a maximum of 20-25 vehicular trips to the property on any given day, primarily occurring during off-peak hours. To mitigate traffic concerns, the applicant will provide retreat guests transportation with a 15-passenger van as well as provide on -site parking for 30 vehicles, to accommodate non -retreat guests. Additionally, the applicant states that retreat guests will primarily remain on -site for the duration of the retreat. PUBLIC SERVICES AND FACILITIES 25. Access: The subject property is accessed via an existing gravel driveway from Lolia Place, a 16-footwide paved roadway approximately 900 feet in length to the subject property. Lolia Place is privately owned and maintained by the Lolia Place Trust of which the applicant is a named trustee. In that capacity, the applicant provided permission for the proposed use to take access over the private roadway. As access to the property is via a private roadway, the County will not be required to provide roadway improvements. 26. Water: According to the Department of Water Supply (DWS), the subject parcel is not within the service limits of their existing water system. DWS has no objection to the applicant's request, however they cannot approve or comment on the adequacy of the use of private rainwater catchment systems to provide water service as they do not meet DWS Water System Standards. The applicant is proposing to utilize an existing 19,000- gallon rainwater catchment tank, in addition to two new 10,000-gallon closed water tanks to store potable water that is trucked to the site. Additionally, the applicant proposes to install additional rainwater catchment tanks to provide a total of 60,000 gallons of water for fire suppression purposes. According to the applicant, an on -site well will act as a back-up source of non -potable water. 27. Wastewater: The subject property is not currently serviced by the County sewer system; therefore, the Department of Environmental Management (DEM) has stated that the applicant shall follow Department of Health (DOH) regulations. According to DOH, since the subject property has unpermitted buildings and unapproved individual 6 wastewater systems in violation of Chapter 11-62, HRS, the Wastewater Branch highly recommends non -issuance of the special permit until all building and wastewater system violations are resolved. The applicant has stated that the existing kitchen and dining building (permitted as a dwelling) is served by a septic system that does not have proper permits from DOH, though the applicant intends to complete the necessary permitting to resolve this violation. Additionally, the existing, unpermitted cabins and lodges are served by unpermitted composting toilets and a graywater disposal system, both of which will be decommissioned and replaced by a septic system meeting with the approval of the DOH. 28. Solid Waste: According to the Department of Environmental Management — Solid Waste Division, the commercial use proposed by the applicant may not use transfer stations for disposal, green waste should be transported to the green waste sites located at the West Hawaii Organics Facility and East Hawaii Organics Facility, or other suitable diversion programs, and construction and demolition waste is prohibited at all County Transfer Stations. The applicant has stated that either a commercial hauler will be contracted to dispose of solid waste, or the applicant will seek a solid waste facility disposal permit themselves to take materials directly to the landfill. Additionally, the applicant will dispose of green waste either by mulching or composting, or at the East Hawaii Organics Facility or other suitable location. 29. Utilities: Off -grid, solar powered electricity is provided at the subject property. The photovoltaic system consists of 72 panels, 20-kilowatt-hour battery bank and an 18- kilowatt propane back-up generator. Additionally, phone and internet service is available at the subject property. 30. Police, Fire and Medical Services: Police, fire and medical services are available 7 nearby in Pahoa. AGENCY COMMENTS 31. Department of Public Works — Engineering Division: (Planning Department Exhibit 2 — September 21, 2022 Memo) 32. Department of Water Supply: (Planning Department Exhibit 3 — September 16, 2022 Letter) 33. Department of Environmental Management- Solid Waste Division and Wastewater Division: (Planning Department Exhibit 4 — September 22, 2022 Memo) 34. State Department of Health: (Planning Department Exhibit 5 — September 12, 2022 Memo) 35. Fire Department: (Planning Department Exhibit 6 — September 9, 2022 Letter) 36. Department of Land and Natural Resources — Division of Forestry and Wildlife: (Planning Department Exhibit 7- September 22, 2022 Memo) 37. Department of Land and Natural Resources — Engineering Division: (Planning Department Exhibit 8 — September 8, 2022 Memo) 38. Department of Land and Natural Resources — State Historic Preservation Division: (Planning Department Exhibit 9 — September 15, 2022 Letter) 39. Planning Department: (Planning Department Exhibit 10 — October 12, 2022 Email) AGENCIES — NO COMMENT/CONCERN 40. Police Department, Office of Planning and Sustainable Development AGENCIES — NO RESPONSE 41. Department of Public Works - Building Division, Real Property Tax, State Department of Agriculture, State Land Use Commission, US Fish and Wildlife Service. APPLICANT'S RESPONSE TO AGENCY COMMENTS 42. Letter from John Pipan, Land Planning Hawaii LLC, to Eric Honda, Department of Health: (Planning Department Exhibit 11 — October 12, 2022 Letter) 43. Letter from John Pipan, Land Planning Hawaii LLC, to Ramzi Mansour, Department of Environmental Management: (Planning Department Exhibit 12 — October 12, 2022 Letter) 44. Letter from John Pipan, Land Planning Hawaii LLC, to Laine Berry, Department of Land and Natural Resources — Division of Forestry and Wildlife: (Planning Department Exhibit 13 — October 17, 2022 Letter) 45. Letter from John Pipan, Land Planning Hawaii LLC, to Russell Tsuji, Department of Land and Natural Resources — Engineering Division: (Planning Department Exhibit 14 — October 17, 2022 Letter) 46. Letter from John Pipan, Land Planning Hawaii LLC, to Alan Downer, Department of Land and Natural Resources — State Historic Preservation Division: (Planning Department Exhibit 15 — October 17, 2022 Letter) 47. Letter from John Pipan, Land Planning Hawaii LLC, to Robyn Matsumoto, Department of Public Works — Engineering Division: (Planning Department Exhibit 16 — October 17, 2022 Letter) 48. Letter from John Pipan, Land Planning Hawaii LLC, to Keith Okamoto, Department of Water Supply: (Planning Department Exhibit 17 — October 17, 2022 Letter) 49. Letter from John Pipan, Land Planning Hawaii LLC, to Clinton Baybayan, Fire Department: (Planning Department Exhibit 18 — October 17, 2022 Letter) 50. Letter from John Pipan, Land Planning Hawaii LLC, to Megumi Nakayama, State Office of Planning and Sustainable Development: (Planning Department Exhibit 19 — October 17, 2022 Letter) 51. Letter from John Pipan, Land Planning Hawaii LLC, to Kenneth Quiocho, Police Department: (Planning Department Exhibit 20 — October 17, 2022 Letter) 52. Letter from John Pipan, Land Planning Hawaii LLC, to Jeffrey Darrow, Planning Department: (Planning Department Exhibit 21— October 21, 2022 Letter) PUBLIC COMMENTS 53. No public comments have been received as of the date of this writing. 6 LAND`* i -y 194 Wiwoole St. Hilo, HI 96720 PLANNING (808) 333-3393 info@landplarminghawaii.com HAWAII LLC July 25, 2022 Jeffrey Darrow, Deputy Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Darrow: Subject: Attn: Jessica Andrews Special Permit Application — Additional Information and Revisions Applicant: Robert Silber Kamaili, Pahoa, Puna, Hawaii TMK (3) 1-3-002:140 This letter is in response to your email dated June 1, 2022 requesting additional information prior to acceptance of the subject application. Thank you for the opportunity to provide this additional information and make revisions to the previously submitted application. We have revised the Background & Environmental report and the site plan to address the information you've requested. In order to avoid confusion, we would like to replace the previously submitted Background & Environmental report, figures and exhibits with this revised report. Here is a summary of the revisions that have been made to address your comments: 1. We have revised the site plan to include building permit information for each of the existing structures. We have also labeled each structure with a letter for clarification purposes and provided additional clarification in the report with regard to the different structures on the site plan. 2. We confirmed with the landowner that all of the existing structures on the site plan are accurate with the exception of three small agricultural storage structures which were inadvertently omitted from the original site plan. Those structures have been included on the revised site plan included within the background report. Otherwise, there are no additional structures on the property. A recent aerial photo is included with this letter. 3. We have indicated in the revised report that parking and access drives are proposed to be gravel and that the perimeter access road will have 20-feet unobstructed width with 10- feet of gravel width and that the interior access paths will have 10-feet unobstructed width with 8-feet of gravel. These paths will be used primarily for walking. 4. We have revised the report to request that each of the existing lodge buildings be permitted to consist of eight (8) bedrooms only and have revised the floor plans accordingly. 5. Wastewater is currently disposed of via one Individual Wastewater System and composting toilets. The applicant intends to decommission the existing composting toilets and install additional Individual Wastewater Systems on the property so that all Planning Dept. Exhibit 1 wastewater will be disposed of via Individual Wastewater Systems approved by the Department of Health. I trust that the revised report and site plan submitted here sufficiently addresses your questions and that the application is sufficient for your acceptance and processing. If not, or if there are any other questions, please feel free to direct there to me. Thank you very much. Sincerely, JOHN PIPAN Project Administrator r C ��,'�-��•,;�};: ram: � '�.� �, �, .,- _� � "'s;+., •{, .�.....��. rs -'ti t � � s !� •' Wit, �-,� .� _ lk o F 4. ,fir rr � _ b �', - y � - .3�-'•. -� . - ^r !1��� fir', _ 4 � ye__, •Y.: -i Y' �'S _>�� Ike sy.,,yw3.fi0Y, y- ; • i •, -K+, -f F E1 , i " it .•'[ [w 141 Io I Fox 'Dr ti, yl r- > `� � 11.E S � ' �� .+� '� i •.•'c��4 �:.r1 + i '��. � ,,,ty aft` ..�OfiS` �-• -S. ��S[ ��,;' �. 4 ��+�µ,���4-.��•�y"y�•�r �� '� [ ~•.� f � • �' � •.:� �; S ;• � � , .;� pit . , � y ,}�.. Zoho Sign Document ID, RDITIAVYOCHSZHBFSDAM2FMBLNEGYK3TSRM1VBST4ZC SPECIAL PERMIT APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (T} pe or Print the requested information) APPLICANT Robert J. Silber APPLICANT'S SIGNATURE: � DATE: Apr 26 2022 22:59 RnT ADDRESS: 13-6554 Kalapana Kapoho Rd, Palma, 11196778 LIST APPLICANT'S INTEREST IF NOT OWNER: TELEPHONT: (Bus.) 808-936-3541 {Homey (Fax) REQUEST Special permit to operate a holistic education center on the Agriculturally zoned land TAXMAP KEY: (3) 1-3-002:140 ZONING: A-1 a AREA OF PROPERTY/AREA OF REQUESTED USE 8. t34 1 8.134 LANDOWNER: Robert J. Silber LA.NDOWN ER'S SIGNATURE: � Z2 DATE: Apr 26 2022 22:52 Off (May be b% letters LANDOWNER-S ADDRESS: I3-6554 Kalapana Kapoho Rd, Pahoa, Hl 96778 AGENT: Land Planning Hawaii LLC ADDRESS: 194 Wiwoole St, Hilo. HI 90720 TELEPHONE: (Bus.! 908-133-3393 !Home) Please indicate to whom original correspondence and copies should be sent to: ORIGINAL Agent COPIES: Applicant COUNTY BACKGROUND & ENVIRONMENTAL REPORT COUNTY SPECIAL PERMIT REQUEST ROBERT SILBER KAMAILI, PAHOA, PUNA, HAWAI`I TMK: (3) 1-3-002: 140 Table of Contents I. INTRODUCTION ........................................... -.... ... ....... ........... .... ...-... 4 II. PROTECT DESCRIPTION—........................................,...............................................4 3A. Project Concept and Components ................................... ........ 4 3B. Subject Property Description....................................,............................................. 21 3C. Institutional Considerations.......................................,.............................................22 StateLand Use .......................................................... ,............................................. 22 County Zoning and General Plan------•................................----................................. 22 Puna Community Development Plan...................................................................... 27 3D. Surrounding Zoning and Land Uses..........................,.............................................28 3E. Flood Insurance Rate Map........................................,............................................. 29 3F. Archaeological Resources.......................................................................................29 3G. Floral and Faunal Resources.....................................,............................................. 29 3H. Valued Cultural Resources........................................,............................................. 31 3I. Public Access............................................................,............................................. 31 3J. Description of Access................................................,.............................................31 3K. Traffic Impacts....................................................................................................... 33 3L. Availability of Utilities..............................................,.............................................33 III. REGULATORY ANALYSIS........................................,............................................. 34 4A. Coastal Zone Management........................................,............................................. 34 4B. Impacts to Surrounding Properties.......................................................................... 34 4C. Impacts to Public Agencies------------------------------------------------------------------------------------ 34 4D. Unusual Conditions------------------------------------------------------------------------------------------------ 34 4E. Land Suitability for Permitted Uses........................................................................ 35 4F. Land Character and Present Use ....................... ........... -.--------------------------............... 36 4G. Relationship to General Plan.................................................................................. 36 4I1. Unusual and Reasonable Use....................................,............................................. 36 2 Figures 1. Location Map...............................................................................................5 2. Conceptual Site Plan--------------------------------------------.-----...............................6 3. Farm Plan ------------------------------------------------- ___ ......... ____ ........................ 7 4a. Dormitory Building Floor Plan.........................................................................9 4b. Dormitory Building Elevations.........................................................................10 5. Cabin Floor Plan.........................................................................................11 6a. Greenhouse Floor Plan..................................................................................12 6b. Greenhouse Elevations .................................................................................. 13 7a. Kitchen Floor Plan ...................................................................................... 14 7b. Kitchen Elevations.......................................................................................15 8. GarageandUtilityFloorPlan --------------------------.--.-----------------------------------..16 9a. Proposed Multi -Purpose Building Floor Plan ........ ___ --------------------------------- -------17 9b. Proposed Multi -Purpose Building Elevations ..................................................... . .18 10. Bath House Floor Plan...................................................................................19 11. State Land Use..........................................................................................23 12. County Zoning..........................................................................................24 13. Land Use Pattern Allocation Guide(LUPAG) ------------------------------------------------------ 25 14. Flood Zone Map (FIRM) ..............................................................................30 15. 1965 Historic Aerial Photo............................................................................32 Exhibits A. Permission for use of Lolia Place private road B. Letters of Support 3 L INTRODUCTION Robert Silber ("applicant") is requesting a Special Permit in order to legitimize the operation of an off -grid holistic education center on an existing permaculture fruit and vegetable farm in Kaueleau, Puna. The property is located at 13-2060 Lolia Place, approximately 900 feet northwest of its intersection with Kalapana-Kapoho Beach Road (Figure 1). The parcel is 8.134 acres and zoned Agriculture 1-acre (A-1 a). The applicant was issued a Notice of Violation and Order on December 5, 2019 pertaining to the unpermitted operation of the holistic education center and is seeking a Special Permit in order to remedy that violation and legitimize the center. If approved, the retreats/trainings hosted on the property would vary in length from 5 days to 3 weeks and would include overnight accommodations, meals and recreational activities. The applicant intends to hold approximately 1-2 retreatsltrainings per month for up to 24 participants. The hours of operation would vary but be limited to Tarn to 9pm daily. The proposed holistic education center would be run by approximately 6 volunteers. The center would include 6 single -room cabins, two lodge buildings, a commercial kitchen/dining hall, multi -purpose areas for retreats and trainings, washroom facilities, massage rooms and swimming pools (Figure 2). Access to the site would be from Lolia Place, a private roadway owned by Lolia Place Trust. The majority of the Special Permit use will be focused in the center of the property, inside of a 10-ft wide gravel drive (20-ft unobstructed width) to be constructed around the perimeter of the property for emergency access. Guests will be encouraged to partake in the agricultural activities taking place on the property and walk through the fruit orchards. Thus, the Special Permit request seeks to include the entirety of the 8.134-acre parcel. II. PROJECT DESCRIPTION 3A. Project Concept and Components The applicant respectfully requests a Special Permit to operate a holistic education center which will offer yoga, meditation, environmental sustainability, permaculture and personal improvement classes as well as host retreats and yoga teacher trainings on the property. The classes and retreats are intended be held alongside and in conjunction with the existing agricultural activities on the property, which currently contains approximately 5-acres of fruit trees and over 7,000 square feet of raised vegetable garden beds (Figure 3). The harvest from the farm is largely intended for consumption by guests on the property. Excess harvest is planning to be sold at farmcrs markets and fruit stands. ►! I v So-y C i 0it P _ k, z j O Wl C c 0 a n u i b d jue i •L Y � r n � �n �I{ 1 � r P d � q � � r �9 d v7� i tii N IR. p a. �4w�2 f - � � 40 ��� • � 1 V Q >f .- 1 y. \ �- J y �S LU LL tu .Y • � Glr _1 14� to 1 ; Qi yl ou t �d w= dL„ W. A•R Mgt n o or, y • •i +� b �, ._'ice Z k�' 41, - �• ' _:4�s�dr"sip.;g.� �:U. ';��, �•� ,���yt- .�.x �=�'.•rrr N--••r i ° �s _ r�. - - _- - _! � z yw.- � ? ...,gip' 31• + 9 w DlI IIVMVH T DNINNV Id __j uj W W Wa Q -. ,.I Nd] s u C) U s j Q ry U O Q � v� v padp�,, x L FQN / r SSE r r \ ` n Al `' \ w F- / \ U) \ � J / ♦gam i— KKKf"' a / w \ z LL SHIP af � •,�/8'� • u \, �8 G' Mj � j - \ C` .,� \ r / r• r / g Ir ❑ z w = G z � W U O z w h z 10 (7 Z ° m a ❑ Ca] i m O (7 e! W LL a U W ((9 CC5 (y7 x x x 0 0 0 m m m m m m w LU T �r rr f � rr \ J 'f \ a ❑� ff LJ i^, h f j 0 r.:! V The existing farm utilizes permaculture practices with a focus on cultivating canoe crops and staple crops. Guests of the center are encouraged to engage with and participate in the agricultural cultivation of the property as many of the foundational ethics of perrnaculture can be applied to the classes and retreats offered by the center. Thus, the Special Permit request is for the entirety of parcel, which includes the extensive fruit orchards which guests have access to, although the majority of the Special Permit use will be focused within the center of the property where overnight accommodations are proposed. The applicant proposes the following elements as part of the Special Permit: Buildings: a. Two (2) existing 2-story, approximately 1,700 square foot lodging buildings. Eight (8) individual bedrooms are proposed within each of the two (2) existing lodge buildings (Buildings A & B on site plan, see floor plan as Figure 4a & 4b); b. Six (6) approximately 20' x 20' lodging cabins, each with an 8' x 20' lanai (2 are existing, 4 are proposed) (Buildings C thru H on site plan, see floor plan as Figure 5); c. An existing 30' x 60' greenhouse to host classes/retreat activities (Building I on site plan, see floor plan as Figure 6a & 6b); d. Conversion of the existing permitted studio residence into a commercial kitchen with dining hall (Building J on site plan, see floor plan as Figure 7a & 7b); e. Use of a portion of an existing permitted garage and carport utility and storage space (Building K on site plan, see floor plan as Figure S); f. Two (2) proposed approximately 1,700 square foot, 2-story structures with massage and multi -purpose rooms to host classes/retreats, a kitchen and bathrooms (Buildings L & M on site plan, see floor plan as Figures 9a & 9b); g. A new approximately 30' x 60' greenhouse is proposed for agricultural use (Building N on site plan); h. An existing unpermitted bathhouse will be permitted with new toilets connected to approved Individual wastewater Systems (Building O on site plan, see floor plan as Figure 10); i. One (1) existing hot tub; J. One (1) proposed sauna; k. An existing unpermitted above -ground swimming pool (to be permitted); A proposed in -ground swimming pool. 2. Parking: At least 30 parking spaces will be provided near the entrance to the property in a designated gravel parking area. 3. Water: The property has an existing 19,000-gallon water catchment tank and three additional catchment tanks are planned for a total storage of at least E:? lr� I�.r.r �.u< «-.ram - .u� trez fJ•s �------------ - - - - -- e1Neu q Wd'K 6NIMd -•9t I � I �e�aeYn I ceae ,—j -------------------------------- quY�pWl a4 gcvd'r 6ufFtl ..9E I T i I d Go cn N ca a `o LL LL 3 xl� z 7 w w C7 z d _J co CO LL' 0 0 m w LL DlI IIVMVH DNINNV Id -. ,.I Nd] W W Q Qa co Q � T i � C3 �Q m �mQ � Q N 2 S LL O O LL Z_ 07 Q C7 LO W ly C) N [7 Cx LL ❑ P W [V m Q N 2 x Q� Z J a O fl J LL Z- m Q` U� z a u LLr C 6' o � � Y w 0 N y V7 R Q O Q tN F- 2 p ae m L1 m T :: N G r ] Qk W t m H J z 0 W_ a z W Zr�r� rroa r�r� �r� wry N'{7 71VM o � � � sraa3aas Fw,tin sihr3n kale r lz �Zo� a 0 s1 o � � LL 0 z a � J z V Q _ z < a a e > U Q z z oLU w m p � a ui 2 v1 s m C17 a.. cm CD 0-41 �S4bm 0 c ah33M.7S HlIM SLk3A HL1tl9 Y +a � v � �a CD � U o� :moo wxPil 2 �d3-lia z Q 0 0 LL LU U) Z) 0 z LU LU oc 0 Ll! 7 0 LL a O v F a 0 y m0. in rA J � H o � ~ ,2r%�7 � J V7 d F W ~ W z 2 Q U 4 iii & N � N O a' � d !A J Z O 4z 1J.f J Lil Z J _❑ H Z > dr w W ~ J w 2 w UA Z v 0 z w w U O a m O 0 ww 0 O DLL C7 H LL z Z z d iu a lit� � 0 LU z_ 0 z p L_ LU a 0 C6 co CD EU- c� 0 � L O N h y � Cu CD � O C 4 N .L O Q N 2 a 6] zlo -- e Z E B� mpic t`'0n1 Y xp s y cr;2 1 worn 0LLa 11Gspni VMfd !DNIAIl a 4A 8 0 rl w rR xF iI I I ! I ! I ! I ! I •. L--- ---------------- 75-----`--- z J d ly 0 0 J LL J_ W L7 Q Q W LL I I I I i CL `V Mj 4- l� V Ili II II II II z x LL Y BAoe � lr� -------------------------------- - ----------------------------------- qJ M-M of-Md'-&VMJ •yt `� G i 1 ga9¢��vwla4 s�cM -^W1Fa ..gC I I � I H I � U I I I s I I I � I I 4 I I I I I I , I� I I d� I I I I I I I y I I I I _ + wce s-Y /--- 1 - - - - - - - - - - - - ------- 9 g W'I w6 r v ri x1� � depn�u�a fl w psfi888€ = Q !' n W a ooC ski in a 4 � v m z s w xl� D l l I I V/\/\V H # DNINNHId ~�7 �.UNVI e r ? a Nu118901 s N 0I a I 10I AI Im191l1 Sd W x x U) a 0 N V 1 0 a w M � � L' LIP .o-,az 50,000 gallons to satisfy Fire Code storage requirements. Additionally, a 20,000-gallon water storage tank is planned to contain potable water which will be trucked in. 4. Access: Access will be via an existing gravel driveway from Lolia Place, a privately owned and maintained roadway which the applicant has permission to use (Exhibit A). Access from Lolia Place is approximately 900 feet from Kalapana-Kapoho Beach Road. Retreat guests will be shuttled to and from the property in a 15-passenger van. 5. Employment: the applicant proposes to have approximately 6 volunteers. 6. Hours of operation: 7 a.m. to 9 p-m., 7 days per week 7. A 10-foot wide gravel driveway with 20-feet of unobstructed width will be constructed around the perimeter of the property to provide access for emergency vehicles. A 8-foot wide gravel access driveway with 10-feet of unobstructed width will be provided around the interior of the property to provide drive up access to the different structures. 9. Agricultural uses with thick vegetation will mitigate potential noise and visual impacts to surrounding properties. 10. Wastewater will be disposed of via approved Individual Wastewater Systems meeting the requirements of the Department of Health_ The requested facility will have a total of up to 22 lodging rooms to provide overnight accommodations. The overnight accommodations would consist of six (6) separate cabins, each containing only one bedroom and a lanai and unless required by building code, will not have plumbing or electricity. Two (2) unpermitted cabins already exist on the property four (4) additional cabins are proposed. The applicant will seek permits for those cabins. The cabins will be available for short-term stays. In addition to the 6 cabins, up to fourteen (14) individual bedrooms will be available within the two (2) existing unpermitted lodge buildings for both short-term and long-term occupancy. Building permits will be sought for the existing lodge buildings. An existing permitted 30' x 60' greenhouse will be used to hold classes and retreats. The existing permitted residential studio will be converted to serve as a commercial kitchen and dining hall and the existing permitted carport and garage building would remain as -is. Potable water will be trucked in and contained in a 20,000-gallon tank and an additional 50,000-gallons of non -potable rainwater will be stored in 4 water catchment tanks for emergency fire response purposes. If necessary, water can also be pulled from an existing well on the property to ensure the non -potable catchment tanks remain full. All driveways and parking areas will comply with any drainage improvement requirements. Additionally, a 15-passenger shuttle bus will be available to bring retreat guests to and from the property. 3B. Sublect Property Description The subject site, identified as TMK (3) 1-3-002. 140, consists of S.134 acres zoned A-M. The parcel is located at 13-2060 Lolia Place, approximately 900 feet northwest of its intersection with Kalapana-Kapoho Beach Road in the Kaueleau ahupua'a of Pahoa. The subject parcel is within a private gated subdivision created in 2014 when the landowner subdivided the parent TMK into 6 lots consisting of the subject lot, and five 3+_acre lots. In conjunction with the subdivision, the landowner constructed Lolia Place, a private, paved roadway, to provide access to the newly subdivided parcels. He then worked to build a dwelling and establish the existing permaculture farm. The Land Use Pattern Allocation Guide (LUPAG) designates this land as important agricultural lands and the Land Study Bureau classifies the soils for this property as "E" (very poor). Although the property is not considered prime farmland, the applicant has established a permaculture farm consisting of approximately 5-acres of fruit orchards and 7,000 square feet of raised garden beds. The farm focuses on agro-forestry, canoe plants and staple crops and includes over 200 coconut trees, 500 banana plants, 12 ulu trees, 15 avocado trees, 40 citrus trees, 30 mango trees and hundreds of pesticide -free papaya trees. Additionally, over 100 exotic fruit trees have also been planted and extensive vegetable gardens have been established. Produce from this functioning farm is intended primarily to be consumed on site by guests and volunteers of the center. Part of the Special Permit request includes the conversion of the existing permitted dwelling on the property into a commercial kitchen and dining hall. Produce which is grown and harvested on the property will be prepared on site to be consumed by guests of the center. The property is entirely off -grid; electricity is provided by a large permitted solar electric generating system consisting of 72 panels, 20 kilowatt-hour battery bank and an 1 SkW propane backup generator. An on -site well produces 25 gallons per minute of water which is used for agriculture and will be stored for fire suppression. This area of the Puna District is considered Lava Zone 2, on a scale ranging from 9 to 1 (least hazardous to most). The site is located approximately 0.3 miles from the coastline and is not in a Conservation District or Special Management Area. The property has previously been cleared for both residential and agricultural use. Based on historic aerial photos the land was initially cleared in the late 1950's or early 1960's and was planted in orchard. The orchard was then abandoned and covered by invasive plants. Some of the original orchard trees remain and are being uncovered and resuscitated. Aside from the trees and plants mentioned above, vegetation on the property includes cecropia, macaranga and ironwood trees various ferns, ti and grasses. No native vegetation was noted. 21 3C. Institutional Considerations State Land Use The subject site is designated State Land Use Agricultural (Figure 11), and the Special Permit area consists of all 8.134 acres of the parcel. As such, no State Land Use Commission action is required. The County of Hawaii can process the Special Permit request. Based on the Land Study Bureau Overall Master Productivity Rating, the subject property is classified as "E" or very poor. Under the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system, the subject site is classified as "other" land. The U.S. Department of Agricultural Natural Resource Conservation Service has designated the soil type for the subject site as Malama extremely cobbly highly decomposed plant material, dry, with 2 to 40 percent slopes. The soil is well drained with a low runoff class and is not considered prime farmland. In recognizing that lands within agricultural districts might not all be best suited for agricultural activities and yet classified as such, and in recognition that certain types of uses might not be strictly agricultural in nature, yet reasonable in such districts, Hawaii Revised Statutes §205-6 allows County Planning Commissions to permit certain unusual and reasonable uses within the Agricultural and Rural districts other than those for which the district is classified. Special Management Area The subject property is approximately 0.3 miles inland from the coast and is outside of the designated Special Management Area. County Zoning and General Plan The subject property is zoned A -la (Figure 12). The County General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the parcel as important agricultural land (Figure 13). Relative to this designation, the General Plan allows consideration for a "Special Permit" on agricultural land where the requested use meets certain criteria as outlined in Section 4 of the permit application and chapter 205 of the Hawaii Revised Statutes as amended. General Plan Discussion The Hawaii County General Plan serves as a guide for decision -makers in land use matters. The proposed project is conducive to the General Plan's guidelines as it conforms to the following goals, policies, and standards of the General Plan: 22 z ��. , � Z \ Is �r $ k ° \ \# � !$ /� 2z $! / LU LQ §§ � \ ®° \ kCO / y@ G 6 r \ k# i §\ ` 0 0 ) ¢ \ {} w ] \ 9 / 0 f � ° — k ƒ % 2 m = . � § % j % § \ cc? § � > f ) § \ 2 LL � / % \ 04 c § 2 & § g e k 0 $ # m W Y « $k '7 `t <� \� a §/ !$ /� 2z $] / LU %LQ § � \ - ®° CD7 ƒ 6 ƒ \ §\ ` 0 o k K \ {\ � � § 0 $ j 2 ƒ � � CL \ / § § 2 . � \ / \ § . ) { § / j V \� I OD a- � 3 a / � / � § © \ ? ] \ / / fa w % 2 2 co # L E / / £ / 04 � � ] 2.2 Goals (a) Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. (b) Economic development and improvement shall be in balance with the physical, social, and cultural environments of the island of Hawai `i. (c) Strive for diversity and stability in the economic system. (d) Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County s cultural, natural and social environment. (e) Strive for an economic climate that provides its residents an opportunity for choice of occupation. 69 Strive for diversification of the economy by strengthening existing industries and attracting new endeavors. 2.3 Policies (c) Encourage the development of a visitor industry that is in harmony with the social, physical, and economic goals of the residents of the County. (} Support all levels of education, employment and training opportunities and Institutions (x) Encourage the healthlwellness industry 14.1.2 Goals (a) Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. 14.1.3 Policies (f} Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. 14.2.3 Policies (u) Encourage other compatible economic uses that complement existing agricultural and pastoral activities. 14.5.2 Goals (b) To provide for suitable living environments that accommodate the physical, social and economic needs of the island residents. 26 Discussion: Approval of the requested Special Permit would be in line with the aforementioned economic and land use goals and policies of the General Plan by providing an opportunity for the Applicant to further the success of his farm by establishing a holistic education center in harmony with the ongoing agricultural activities on the property. In addition to yoga and wellness classes/retreats, the center will offer classes in permaculture and environmental sustainability — topics which are exemplified by the active off -grid permaculture farm on which the center will be hosted. The classes/retreats will strive to provide education which participants will be able to apply to their own personal growth, career, or entrepreneurial endeavors. Further, approval of this request will provide an economic environment that allows new economic opportunity while promoting the health and wellness visitor industry for Hawaii. Additionally, by providing on -site housing for volunteers, the proposed project will provide housing opportunities in an area of Puna that is limited in both. Puna Community Development Plan The Puna Community Development Plan (PCDP) attempts to further define the General Plan and serves as a guide for decision -makers. The proposed Special Permit request is conducive to the following goals, objectives, and policies outlined in the PCDP: 3.1.1 Goals (a) Puna retains a rural character while it protects its native and cultural resources. (b) The quality of life improves, and economic opportunity expands for Puna's residents 3.2.1 Goals (a) Lands for agricultural use are preserved. (d) Puna's agricultural production emphasizes environmentally friendly methods. (f) There are more agriculture -related employment training and local job opportunities for youth. (g) Local, job growth is primarily in "green " industries such as agriculture, alternative energy, communications technology, eco-tourism and natural resources management. 3.2.2 Objectives (f) Form partnerships with local businesses and educational institutions to advance education and training in two sectors. 27 - `Green'sector, to include agricultural, alternative energy, resource recycling and recover, and other related areas; and - The information technology sector. (h) Promote farm business such as local food stores and `farm stay" bed and breakfasts. These can be coupled with youth training programs far low income Youth. 3.6.1 Goals (b) A significant percentage of Puna households continue to live completely or partially off the electrical power grid. (c) Puna lowers its dependence on fossil fuel as an energy source, becoming a demonstration area for alternative sources, systems and fuels. Discussion: Approval of this Special Permit request will allow additional economic opportunity to the area in conjunction with the ongoing agricultural activity on the property. Although the subject property is not prime farmland, it does contain an active fruit and vegetable farm which utilizes the principals of permaculture. The applicant intends for the proposed holistic education center to maintain a symbiotic relationship with the farming activities on the land in order to promote and sustain the property's agricultural potential. Additionally, classes and retreats offered by the center will include topics such as environmental sustainability and permaculture, furthering the PCDP objective to advance education in the `green' sector. The proposed center also advances the goals and objectives of the PCDP by creating jobs and providing some long-term housing for volunteers, furthering economic and housing opportunity in this underserved area of Puna. Further, the subject property has been developed in a manner that is sustainable and fully off -grid. Through the use of photovoltaic systems, the property generates 100% of its own electricity, water is obtained via catchment and an on - site well and the farm produces the majority of the food consumed on site. The renewable resources on site are sufficient to accommodate the needs of the Special Permit request as well as the needs of the existing agricultural use. Thus, the proposed project demonstrates the potential that exists within Puna's renewable resources. 3D. Surrounding ZoninL3 and Land Uses The surrounding parcels to the east, south and west are zoned Agricultural 1-acre (A-1 a) and range in size from approximately 3 to 17 acres. The parcel directly to the north is an 804+-acre Bishop Estate owned parcel zoned Agricultural I d-acres (4-1 pa). The surrounding land uses are primarily residential and agricultural with many undeveloped lots in the nearby area. pkl-: A Special Permit for a similar use was recently approved approximately 4 miles from the subject site (SPP 20-000220). That permit legitimized the operation of a meditation and ecological center and retreat on a property located within the Agricultural district and approved the construction of a 2,500 square foot community building with a certified kitchen, community bath, shower facilities, storage, meditation building, yoga hale, 2 residential hales and 17 cabins. The permit was approved based on the Planning Commission's determination that the use was unusual and reasonable and would promote the effectiveness and objectives of Chapter 205, Hawaii Revised Statutes. 3E. Flood Insurance Rate Map The Federal Emergency Management Agency's Flood Insurance Rate Map (FIRM) designates the area of the proposed development to be in Flood Zone X (areas outside of the 500-year flood) (Figure 14). 3F. Archaeological Resources It is unlikely any archaeological resources will be encountered on the property. The subject parcel has been cleared and used for residential and agricultural purposes for many years. However, in the event any inadvertent discoveries are made during any land disturbance activity relating to this project, work will cease, and the applicant will immediately notify the Planning Department and the State Department of Land and Natural Resources and secure their clearances before proceeding further. 3G. Flora and fauna Resources Although there was no professional survey of the floral and faunal resources of the site, the parcel has been developed for residential and agricultural use for several years, and as such, the applicant does not believe that rare of endangered floral or faunal resources are likely to be found on the site. Site vegetation consists of crops as previously detailed as well as ironwood (Casuarina equisetifolia), austrialian red cedar (Toona ciliata), octopus tree (Schefjlera actiophylla), trumpet tree (Cecropia ohtusifolia), pigeon pea (Cajanus cajcan), lauae (Phymatosorus grossus), comb hyptis (Hyptis pectinata), guinea grass (Panicum maximum). These species are all alien and invasive and no negative impacts would be anticipated relating to site flora. In addition, introduced bird species such as dove, Japanese White -eye, house finch and myna are common in the area. Domestic animals such as cats, dogs, goats, chickens and other animals such as rats and feral pigs are also common and are not considered endangered. Although additional structures are proposed, impacts to flora and fauna are expected to be minimal because the lot has already largely been cleared. It is possible that the Hawaiian Hawk (Buteo solitarius) and Hawaiian owl (Asia jlammeus sandwichensis) use the area though this area is not considered high quality habitat for either. The endemic Hawaiian hoary bat (Lasiurus cinereus semotus) also may P46 • - � ` �S �r.�'+LN_ ,�_ . �- art }.'� y � ,\_ - LONE x BASEMAP: FIRM BASEMAP ty P F yt }°aa• Flood Hazard Assessment Report g www. hawaiinfip.org Property Information Notes; COUNTY: HAWAII TMK NO: (3) 1-3.002:140 WATERSHED: KILAUEA PARCEL ADDRESS: ADDRESS N C T DETERMINED PAHOA, HI 96779 Flood Hazard Information FIRM INDEX DATE: SEPTEMBER 29, 2017 LETTER OF MAP CHANGE(S): NONE FEMA FIRM PANEL: 1551661445F PANEL EFFECTIVE DATE: SEPTEMBER 29, 2017 THIS PROPERTY IS WITHIN ATSUNAMI EVACUTION ZONE: NO FOR MORE INFO, VISIT: http://www.scd.hawaii-gov( THIS PROPERTY IS WITHIN A DAM EVACUATION ZONE: IN FOR MORE INFO, VISIT: http:ffdlrreng.hawaii.govfdamf 0 400 Boo ft Disclaimer: The Hawaii aeportment of [and and Natural Resources (OLNR) assumes no responsibility arising from the use, accuracy, completeness, and timeliness of any information contairred in this report. Viewersltlsers are responsible for verifying the occurncy of the information and agree to indemnify the atNR, its officers, and employ- ees from any liability which may orise from its use of its data or information. if this map has been identified as 'PRFI FMINARY', please note that it is being provided for informational purposes and is not to be used for flood insurance rating. Contact your county floodplain manager for flood cone determina- tions to be used for compliance with local floodplain management reyulotions. A.F R ' f A jEL SPECIAL FLOOD HAZARD AREAS [SFHAs] SUBJECT TO INUNDATION BY THE 1% ANNUAL CHANCE FLOOD - The 1% annual chance flood (100- year), also know as the base flood, is the flood that has a 1% chance of being equaled or exceeded in any given year. SFHAs include Zone A, AE, AH, AO, V, and VE. The Base Flood Elevation (BFE) is the water surface elevation of the 1% annual chance flood. Mandatory flood insurance purchase applies in these zones: _ Zone A: No BFE determined. Zone AE: BFE determined- _Zone AH: Flood depths of 1 to 3 feet (usually areas of pond!ng); BFE determined - Zone AO: Flood depths of 1 to 3 feet (usually sheet flow on sloping terrain); average depths determined. _Zone V: Coastal Rood zone with velocity hazard (wave actionl; no BFE determined - Zone VE: Coastal flood zone with yeIocity hazard (wave aCtfon1; BFE determined - Zone AEF: Floodway areas in Zone AE. The floodway is the channel of stream plus any adjacent floodplain areas that must be kept free of encroachment so that the 1% annual chance flood can be carried without inc-easIng the BFE. NON -SPECIAL FLOOD HAZARD AREA - An area in a low -to -moderate risk Hood zone. No mandatory flood insurance purchase requirements apply, but coverage is available in participating communities. _Zone XS [X shaded): Areas of 0-2% annual chance flood: areas of 1% annual chance flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 1% annual chance flood. Zone X: Areas determined to be outside the 0,2%annual chance floodplain- I OTHER FLOOD AREAS I Zone D: Unstudied areas where flood hazards are undeter- mined, but flooding is possible- No mandatory flood insurance purchase apply, but cave rage is available in participating cam mu- nities- FIGURE 14 utilize the site as they are far ranging and utilize diverse habitats across the island. Timing of any lot clearing can largely mitigate for potential impacts to Hawaiian hoary bats and Hawaiian Hawks. The Applicant does not believe that rage or endangered floral or faunal resources are likely to be found within or proximate to the subject site. As such, it is unlikely that the development of the subject property would cause any adverse faunal impacts. 3H. Valued Cultural Resources In view of Hawaii State Supreme Court's "PASH" and "Ka Pa `akai n Ka `Aina " decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed_ Specifically, there must be a discussion of the cultural, historical and natural resources and associated traditional and customary practices of this site. In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, fishing and/or coastal access is not an issue. Historic aerial photography from 1965 of the area show that the entire subject parcel and nearby areas had been cleared and planted in orchards (Figure 15). It is not known whether the subject parcel or immediate surrounding area have ever been used for the gathering of plants by native Hawaiians. However, given the property's current residential and agricultural use, it would appear very unlikely that the site would serve such purpose today and/or in the recent past. Additionally, there are no known archaeological features on the subject parcel. Based on the above, it does not appear that the project would have any potential adverse impact relating to the cultural and historical resources of this area. 31. Public Access The subject parcel is located approximately 0_3 miles from the shoreline and on the mauka side of the Kalapana-Kapoho Beach Road. As such, no public access will be affected by this request- M. Description of Access The subject site is a flag lot located on Lolia Place, approximately 900 feet northwest of its intersection with Kalapana-Kapoho Beach Road in the Kamaili area of Pahoa. Lolia Place is an approximately 900-foot long, 16-foot-wide paved private roadway. The applicant has permission frorn Lolia Place Trust to use the private roadway for the purposes of the Special Permit. 31 3K. Traffic Impacts Traffic on Lolia Place is minimal and limited to residents and visitors of parcels with Lolia Place frontage. Access to Lolia Place is from Kalapana-Kapoho Beach Road. Traffic along Kalapana-Kapho Beach Road is generally light to moderate. The applicant requests to host retreats of up to 24 participants 1-2 times per month. A maximum of twenty to twenty-five trips, primarily occurring during off peak hours is anticipated on any given day. However, a 15-passenger van will be provided to transport participants to and from these retreats which has strong potential to reduce that number. Additionally, while the retreats, which are anticipated to last between 5 days and 3 weeks, are in session, the average number of trips would be significantly less as the participants would largely remain on -site for the duration of the retreat. 3L. Availability of Utilities The property is off -grid and utilizes solar electricity. The solar system consists of 72 panels, 20-kilowatt-hour battery bank and an 18-kilowatt propane backup generator. The subject property is not served by the County water system and currently utilizes individual rainwater catchment stored in an existing 19,000-gallon tank. The applicant proposes to install additional water catchment tanks to meet the Fire Code requirements for the proposed use. Current plans include rainwater catchment tanks to hold approximately 60,000-gallons of non -potable water to meet fire suppression requirements. An on -site well will act as a backup non -potable water source if necessary. Additionally, two 10,000-gallon separate closed water tanks will be installed to store potable water which will be trucked to the site. For anticipated maximum double occupancy of all rooms, at most, 44 people are anticipated on site. Potable water use and wastewater generation estimates rely on rates established in HAR 11-62 Appendix D, Table 1. "Campground with central comfort stations" appears to best describe the proposed use and estimates 32 gallons/person/day or a maximum of 1,456 gallons per day of water use. The applicant intends to use water conservation practices and low flow fixtures to reduce the potable water use. Further, there will be ample well water available for non -potable uses. There is currently one pen-nitted Individual Wastewater System serving the kitchen and dining building with a restroom and shower room. Well designed and managed composting toilets located in the bathhouse structure are being decommissioned and will be replaced with standard toilets connected to approved new Individual Wastewater Systems (iWS) meeting the requirements of the Department of Health. While the new IWS system is being constructed, port -a -potties will be provided to guests until the new IWS system and building permits for the bathhouse are completed_ 33 Ill. REGULATORY ANALYSIS 4A. Coastal Zone Management The proposed use is not contrary to Chapter 205A, Coastal Zone Management as the subject parcel is approximately 0.3 miles from the shoreline. There are no public access, scenic or open space resources on the subject site. 4B. Imnacts to Surrounding Properties The proposed development of a holistic education retreat center will not have significant adverse impacts to the surrounding properties. The subject property is surrounded mostly by large agricultural lots_ There are few homes proximate to the proposed Special Permit Area and potential impacts to those properties from the proposed use will be mitigated by screening vegetation. The proposed operation hours of 7:00 a.m. to 9:00 p.m. daily will mitigate potential noise impacts outside of typical workday hours. Some amplified sound may be used in conjunction with yoga classes, but will not be more excessive than would be otherwise associated with a residential area and quiet hours will be enforced from 9:00 p.m. to 8:00 a.m. The requested use of the property would require a maximum of approximately 20-25 trips on any given day. In order to mitigate traffic concerns, a 15-passenger van will be provided to transport participants to and from retreats, likely reducing the number of trips. Additionally, while the retreats, which are anticipated to last between 5 days and 3 weeks, are in session, the average number of trips would be significantly less as the participants would largely remain on -site for the duration of the retreat_ Further, neighboring landowner of Lolia Place support this project and the landowner has received several letters from neighbors and members of the Puna community supporting his request (Exhibit B). 4C. Imnacts to Public Attencies The proposed project will not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage, school improvements, and police and fire protection. The subject site is accessible via Kalapana-Kapoho Beach Road and the applicant assumes the responsibility to provide water to the property for potable use and fire suppression. 4D. Unusual Conditions In recognizing that lands within agricultural districts might not be best suited for agricultural activities and yet classified as such, and in recognition that certain types of uses might not be strictly agricultural in nature, yet reasonable in such districts, Hawaii Revised Statutes §205-6 allows County Planning Commissions to permit certain unusual 34 and reasonable uses within the Agricultural and Rural districts other than those for which the district is classified. The subject property is in the Agricultural district, but is classified as "E", or very poor, by the Land Study Bureau. Although not considered prime farmland, the Applicant cultivates approximately 2-acres worth of fruit trees and 7,000 square feet of vegetable gardens on the parcel. Many of the fruit trees are still young and could take years to mature and bear fruit. Operation of a holistic education center will allow the applicant to supplement the existing farming activities in an unusual yet reasonable manner by utilizing the property to educate guests on permaculture, holistic wellness and environmental sustainability. Classes and retreats offered by the center will take place alongside the growing fruit orchards and vegetable gardens. Visitors to the center will be encouraged to engage in and learn about these agricultural pursuits. Further, guests of the property will add to the demand for the produce which will be grown and consumed on site. Thus, the Special Permit seeks to create a holistic education and retreat center on this agricultural property while keeping with the intent of the agricultural district. Therefore, it is reasonable that this unusual use be allowed in the Agricultural district. 4E. Land Suitability for Permitted Use According to the Land Study Bureau Overall Master Productivity Rating, the subject property is classified as "E", or very poor, which is the lowest productivity class. Additionally, the U.S. Department of Agricultural Natural Resource Conservation Service has designated the soil type for the subject site as Malarna extremely cobbly highly decomposed plant material, dry, with 2 to 40 percent slopes_ The soil is well drained with a low runoff class and is not considered prime farmland although it is designated as important agricultural land within the General Plan's Land Use Pattern Allocation Guide. Although the land on which the proposed project is located is not well suited for agricultural uses, the applicant has established a successful permaculture farm on this off - grid property by investing heavily in its infrastructure through the installation of a large, solar electric generating system and drilling of an on -site well. The proposed retreat center will help to perpetuate the agricultural uses on the property by providing an alternative source of income to recoup these infrastructure costs. Additionally, the goal of the proposed center is to integrate wholistic wellness, environmental sustainability and permaculture retreats and classes with the agricultural activities taking place on the property. Participants will be welcomed and encouraged to participate in the farming activities and will be offered meals cooked with produce grown on the farm. Thus, the land is suitable for the requested use as the farming and Special Permit activities will serve a mutually beneficial purpose while remaining consistent with the intent and objectives of the Agricultural district. M-i 4F. Land Character and Present Use The proposed use will not substantially alter or change the essential character of the land. Despite the fact that the property is not prime farmland, a significant portion of the land is being used for agriculture and that use will continue. The requested Special Permit use intends to complement the existing agricultural uses in a manner that is mutually beneficial to both. Therefore, the Special Permit request does not intend to alter the essential character of the land, but rather to realize its potential through the addition of an unusual, yet compatible and reasonable use. 4G. Relationshio to General Plan The proposed use will not be contrary to the goals, policies, and standards of the General Plan and the Puna Community Development Plan. Further, as discussed in Section 3C, the proposed use conforms to the General Plan's economic and land use goals and policies. Further, the project will provide the applicant an opportunity to fully utilize the property while realizing the entrepreneurial goal of establishing a holistic learning center in conjunction with an active permaculture farm. 4H. Unusual and Reasonable Use The proposed use is an unusual and reasonable use of the land, which would not be contrary to the objectives sought by Land Use Law and Regulations, which, for the Agricultural District, seek to preserve or keep the land of high agriculture potential in agriculture usage. Lands in the Agricultural District include areas with a high capacity or potential for agricultural uses but also lands which are surrounded by or contiguous to agricultural lands and which are not suited to agricultural uses by reason of topography, soils or other related characteristics. The land on which the proposed holistic education center would be located is not well suited for agricultural use. It is classified by the Land Study Bureau as E, or "very poor". Although the applicant does farm a portion of the land, approval of this Special Permit request to operate the holistic education center will enable him to optimize the overall use of the land through a use that, although unusual, is compatible with and beneficial to the ongoing agricultural use. Guests of the wellness center would be encouraged to learn from. and participate in the ongoing agricultural activities on the property. Courses offered by the center would include holistic wellness, environmental sustainability and permaculture. Thus, an active permaculture farm would be a reasonable and ideal setting for such a use. Therefore, the proposed use would not adversely impact the agricultural land inventory in the County of Hawaii and would not be contrary to the intent and purpose of the State Land Use Law. 36 Zoho Sign Document ID: ZlIH27GVP063K,J7FWW9VMLQQXFSYZRQ IVKIYBYIIEQ I, Robert J. Silber, am Trustee of LQLIA PLACE TRUST, the entity with fee ownership of the private roadway known as Lolia Place and more particularly identified by Tax Map Key (3) 1-3- 002.:141. 1 am also the applicant for a Special Permit requesting approval for the establishment of a wholistic wellness center (the "Center") on my property located at 13-2060 and more particularly identified by Tax Map Key (3) 1-3-002: 140. 1 agree to allow Lolia Place to be used to access the Center by its staff, volunteers and guests. Sincerely, rQ0'9j5P-r'1- bU-R May 04 2022 13:32 PDT Robert J. Silber, Trustee of Lolia Place Trust (Date) EXHIBIT A SUPPORT LETTERS 10,61 Moe I IDII 18 OD] -daw r". RR2 Box 4544 12-7045 Kekainehe St. Pahoa, HI 96778 h 808.965.8421 c 808.333.1974 lornd@yahoo.com May 12, 2022 Planning Commission of Hawaii County Hilo, Hawaii re: Special Permit for TMK 1-3-2-140 Aloha Members, have been a resident along the Red Road since 1989. In general, its very low key and rural, in fact most of this part of the island doesn't have telephone, electricity and other `essentials'. I have been involved in the community in many ways including helping formulate the Kalapana Seaview Community Association, also help start and run Friends Of The Red Road, been on the advisory board of Kalani Honua, I was involved in the creation of S.P.A.C.E. and a constant supported of the H.I.C.C.U.P. Circus since its creation, I have be mediating for Kuikahi Mediation Center as a volunteer for over 30 years. I have also been involved in developing a handful of `intentional communities' in Lower Puna. For most of that period Kalani Honua was a huge asset to the community by holding 100's of workshops, entertainment, cultural events etc. Having it close down has disrupted our local economy and many people now have to commute to work or have moved away. What is being proposed is on a much smaller scale than Kalani but still will bring tourists, hire locals and boost the economy. The proposed classes are non -disruptive and will attract high quality students from around the world. Already there is a similar Special Permit along Poohiki Road and this will be a valuable addition. urge you to support this application. IV �� - Lorn Douglas COUNTY SPECIAL PERMIT REQUEST ROBERT SILBER KAMAILI, PAHOA, PUNA, HAWAI `I TMK: (3) 1-3-002: 140 Dear Planning Department, As a resident of lower Puna for 34 years I am very much in support of this Special Permit request submitted by Robert Silber. A holistic education center offering yoga, meditation, environmental sustainability and permacultuxe experiences as well as retreats and yoga teacher trainings is a very appropriate use of this property. Lower Puna has suffered greatly from the 2018 lava inundation and needs social entrepreneurship activities like this to help build a local economy that is now suffering more than ever from lack of investment and work opportunities. There is a total lack of commercially zoned properties in this area which typically precludes enterprising activities that help to support and nurture the community. It's unfortunate that the Special Permit process is the only avenue for pennitting non-agricultural developments so this gives further justification for approving this request. I have personally known Robert Silber for nearly twenty years and greatly respect his love for this aina and the courage he has shown by investing over one million dollars in his chosen community. I sincerely believe he is an honourable man and has the means to fulfil the requirements of a Special Permit. Please grant this application. Respectfully yours, Graham Ellis 5125122. 9:23 AM Fwd*. Letter of support Fwd: Letter of support R5 Robert Silber <robertjsilber[iagmail.com> Wed, 25 May 2022 6:27;29 AM -1000 7o "Kim Chiodo° <kim@landplanninghawaii.com>, "]ohn Pipan" <john@landplanninghawaii.com>, "Katrina Kern" <katrina@landplanninghawaii.com> Sent from my Whone Begin forwarded message: From: Christine Mason McCaull <xtinemccauil(Pgmail.com> Date: May 25, 2022 at 5:13:52 AM HST To: Robert Silber <robertjsilber )gmail.com> Subject: Letter of support Dear county representative, I am happy to extend my support, as a neighbor and property owner in the Puna district, to Robert Silber and his team on their special permit application. In the five years I have known Robert and in the decades he has made his home on Hawaii, he has created quality structures, beautiful gardens and brought people together in respect for the aina, the community and local culture. This project will benefit the community. Thank you. Christine Mason Matthew 6 12-1098 Kaimu Makena Homestead Road Pahoa HI 96778 N1 Jennifer Ruggles P.O. Box 794 Mt. View, H 196771 808-464-2015 jenniferlruggles@gmail.com Windward Planning Commission 101 Pauahi Street Hilo, HI 96720 Re: Special permit application for TMK 1-3-2-140 Dear planning commission members, Thank you for considering Mr. Robert Silber's application for a special use permit for Lolia Place on the Red Road in lower Puna. I was born and raised in Puna and have lived here my entire life. In 2016 1 was elected to the Hawai'i County Council to represent the district the lot is located in and served two years in office. The year I was elected, Lolia place was just a clear lot with an empty slab. Since, I've witnessed Mr. Silber diligently preserver through the costly struggle of developing it legally and to code, and he has succeeded in transforming it into a beautiful, abundant, clean, safe, and sustainable community resource. While Lolia Place will serve as an invaluable asset by way of providing good quality jobs, bringing wealth to the district, (which is the poorest district in the State), and building resilience through cultivating community, it has something special to offer the lower Puna district that I believe many officials may overlook. While I was in office Puna faced a natural disaster whereby people lost access to homes, electricity, running water, and more. It became clear that we needed central community resource that could operate off -grid to provide electricity, shelter, and clean water to support government and community responses to natural disasters like the 2018 lava flow. Puna would greatly benefit if this application was approved. Please support Puna by supporting this special use application. Sincerely, � i 'r r rt1 Jennifer Ruggles Mori, Ashley From: Kim Chiodo <kim@landplanninghawaii.com> Sent: Wednesday, August 24, 2022 1:13 PM To: Andrews, Jessica Cc: Iph info; John pipan; Kay, Christian Subject: RE: Special Permit Application for Robert Silber, PL-SPP-2022-000016 Hi Jessica, Should there be additional rooms available beyond what the retreat participants are occupying, the applicant would like to rent out the remainder of the accommodations for short-term use to the public. Such overnight accommodations for non -retreat participants would not exceed 20 guests. Thank you, Kim Chiodo Project Manager Land Planning Hawaii 194 Wiwoole St, Hilo, HI 96720 (808)333-3393 kim(a land Dlanninahawaii.com LAND'* * PLANNING 01� HAWAII LLC This entail and any fifes tiansmitted with it ate confidential and intended solely rot the use of the individual of entity to wf on) they ate addressed, f1lease notify the sender immediately by e...mail if you have tecerved this e..mail by mistake and delete this e..mail fl on) your system, If you ate not the intended redpient you ate notified that disclosing, copying, disttib sting of taking any actin in telr� ace on the contents of this fnrc;rrnation is sttic ly frtohibited, ---- On Tue, 23 Aug 2022 17:11:33 -1000 Andrews, Jessica <Jessica.Andrews@hawaiicounty.gov> wrote --- Hi Kim, Thanks for providing the additional information. Can you also let us know whether the applicant intends to rent out the cabins, dorm rooms, and other accommodations outside of scheduled retreats/trainings? Thanks, Jessica Planning Dept. Exhibit 1 From: Kim Chiodo <kim@landplanninghawaii.com> Sent: Monday, August 15, 2022 1:55 PM To: Andrews, Jessica <Jessica.Andrews@hawaiicounty.gov> Cc: Andrews, Jessica <Jessica.Andrews@hawaiicounty.gov>; 1ph info <infoPlan dplanninghawaii.com>; john pipan <john@landplanninghawaii.com>; Kay, Christian<Christian.Kay@hawaiicounty.gov> Subject: RE: Special Permit Application for Robert Silber, PL-SPP-2022-000016 Hi Jessica, I apologize for the confusion. To clarify regarding the number of retreat participants/occupants of the property: the proposed project will include 6 cabins, and 16 dorm rooms for a total of 22 lodging rooms. Each room will have the potential for double occupancy. That equates to the potential to accommodate a maximum of 44 overnight guests. The retreats/trainings will be designed for up to 24 participants, will be held 1-2 times per month and are anticipated to last between 5 days and 3 weeks. Certain retreats/trainings will overlap or be held simultaneously. Thus although each retreat/training is anticipated to have a maximum of 24 participants, because multiple retreats/trainings may occur at the same time, the applicant requests approval for a maximum of up to 44 retreat participants on the property at any given time. No special events outside the retreat schedule are proposed. Please let me know if there are an further questions. Thank you, Kim Chiodo Project Manager Land Planning Hawaii 194 Wiwoole St, Hilo, HI 96720 (808)333-3393 kim@landplanninghawaii.com LAND -%.**, PLANNING, t* HAWAII LLC 7his entail and any fifes tiansmitted v1ith it ate confidential and intended solely rot the use of the individual of entity to v/hon) they ate addiessed, Please notify the sendet immediately by e mail if you have teceived this e mail by mistake and delete this e mail flon) yout system, If you ate not the intended tedpient you ate notified that disclosing, copying, disttibuting of taking any actin in telr� ace on the contents of this fnrc;rrnation is sttictly ptohibited, ---- On Wed, 10 Aug 2022 12:43:17 -1000 Andrews, Jessica <Jessica.Andrews@hawaiicountv.aov> wrote --- Hi Kim, Thanks for the update on this application. Jessica From: Kim Chiodo <kim@landplanninghawaii.com> Sent: Wednesday, August 10, 2022 10:23 AM To: Andrews, Jessica <Jessica.Andrews@hawaiicounty.gov> Cc: Andrews, Jessica <Jessica.Andrews@hawaiicounty.gov>; 1ph info <info@landplanninghawaii.com>; john pipan <john@landplanninghawaii.com>; Kay, Christian < Christian. Kay@hawaiicounty.gov> Subject: RE: Special Permit Application for Robert Silber, PL-SPP-2022-000016 Hi Jessica, Sorry for my delayed reply while I was away on vacation. I1| confirm with the applicant and get right back toyou. Thank you, Kim Chiodo Project Manager Land Planning Hawaii (808)]]]-]]9] LAND -%.**, PLANNING, t* HAWAII LLC 77isentail and any files tiansn7ittedwith it ate confidential and intended solely rot the use mfthe individual mrentity tmwhmnnthey ate aodressedPlease notify the senderimmediately bye - mail /fyou have teceived this e mail by mistake and delete this e mail flon) yout system, Ifyou ate not the /ntendedrec(p/ent you ate notified that disclosing, copying, disttdutingmrtaking any action /nre8ence on the contents of this /nfonnatimn is sttictly prohibited, -- On Wed, O]Aug 3033 16:03:59 -1OOOAndrews, Jessica * Hi Kim, Thanks for the revised application and plans. I have a couple of follow-up questions: The application is inconsistent regarding the maximum number of retreat participants. In one place it's stated there will be up to 24 participants, while in another it states there will be a maximum of 44. What is the applicant's request regarding maximum number of retreat participants? Additionally, does the applicant propose any special events, outside of the proposed retreat schedule? Special events might include weddings, concerts, festivals, etc. Thanks, Jessica From: Kim Chiodo <kim@landplanninghawaii.com> Sent: Monday, July 25, 2022 12:34 PM To: Andrews, Jessica <Jessica.Andrews@hawaiicounty.gov> Cc: LPH info <infoPlan dplanninghawaii.com>; John Pipan <john@landplanninghawaii.com>; Kay, Christian < Christian. Kay@hawaiicounty. gov> Subject: Re: Special Permit Application for Robert Silber, PL-SPP-2022-000016 Hi Jessica, I just uploaded a revised report with revised figures into EPIC to address your comments. I apologize for the delay. Please let us know if there are any other issues/questions. Thank you! Kim Chiodo Project Manager Land Planning Hawaii (808)]]]-]]9] LAND -%.**, PLANNING, t* HAWAII LLC 77isentail and any files tiansn7ittedwithit ate confidential and intended solely rot the use mfthe individual mrentity tmwhmnnthey ate aodressedPlease notify the sender immediately bye - mail /fyou have rece/vedthis e-mail bymistake and delete this e mail flmnnymursystem, Ifyou ate not the intended rec(p/ent you ate notified that disclosing, copying, dis0tibuting mr taking any action /n reliance on the contents of this /nfonnatimniss0tictly pmh/b/ted, -- On Wed, 01]un 3033 14:43:55 -1OOOAndrews, Jessica Aloha John, I completed our intake review of the Silber SPP application yesterday and there is additional information needed prior to acceptance. Please provide the following information: 1. A site plan that identifies each structure as either existing & permitted (provide building permit number), existing & unpermitted, or proposed. The site plan should correlate with the list of buildings in the narrative, in order to easily identify each structure. 2. The site plan does not match recent aerial photography of the subject parcel. Please account for all existing structures on the property. 3. Clarify if parking and access drives will be gravel or pavement. Provide width of all access roads. 4. Applicant needs to present one proposal for the dorm / cabin buildings and not include alternatives for adding bathroom and kitchen facilities. If necessary, please meet with DPW in order to decide what will be required by building code, and include that in the special permit request. Please be aware that if bathrooms and kitchens are included, the accommodations would be considered dwellings, which would not be allowed and not be consistent with the request. 5. Provide explanation of existing system for wastewater disposal, and clearly identify what the applicant proposes to meet DOH wastewater requirements. Let me know if there are any questions. Thanks, Jessica Andrews, Planner County of Hawai'i Planning Department (808) 961-8155 DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII H I LO, HAWAI I DATE: September 21, 2022 w4we"O&W TO: Zendo Kern, Planning Director FROM: Department of Public Works, Engineering Divisior} SUBJECT: Special Permit Application (PL-SPP-2022-000016) Applicant: Robert J. Silber Request: To Legitimize the Operation of a Holistic Education Center TMK: 1-3-002.140 We have reviewed the subject request forwarded by your memo dated September 7 and provide the following: 1. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500-year floodplain. 2. All activities shall comply with the requirements of Hawaii County Code, Chapter 10, Erosion and Sedimentary Control. 3. We have no other comments since the request is accessing Kalapana-Kapoho Beach Road via Lolia Place, an existing privately owned road and there are no open violations associated with this property. Questions may be referred to Robyn Matsumoto at 961-8924. Planning Dep�. Exhibit 2 County of Hawaii is an Equal Opportunity Provider and Employer ❑�f^: E DEPARTMENT OF WATER SUPPLY ■ COUNTY OF HAWAVI ,...,.�•- 345 KEKUANAO'A STREET, SUITE 20 HILO, HAWAf'I 96720 llF k:�N l,- TELEPHONE (808) 961-8050 • FAX (808) 961-8657 September 16, 2022 COO PLANWNG DEPT SEP 19 2022 P�,2:13 TO: Mr. Zendo Kern, Director Planning Department REC'D NAND i_I�L IVERED FROM: Keith K. Okamoto, Manager -Chief Engineer SUBJECT: Special Permit Application (PL-SPP-2022-0000I6) Applicant: Robert J. Silber Request: To Legitimize the Operation of Holistic Education Center Tax Map Key (3) 1-3-002:140 We have reviewed the subject application and have the following comments. Please be informed that the subject parcel is beyond the Department's existing service limits. We have no objection to the subject application as the use of a private rainwater catchment system to provide water service has been shown to exist on the property; however, we cannot approve or comment as to the adequacy of those systems as they d❑ not meet the requirements of Water System Standards. We recommend that the applicant consult the County of Hawaii, Planning Department, County of Hawaii, Department of Public Works, and/ or the State of Hawaii. Department of Health to determine any other guidelines, recommendations, or regulations regarding the use of rainwater catchment systems. Should there be any questions, please contact Mr. Ryan Quitoriano of our Water resources and Planning, Branch at (808) 961-8070, extension 256. Sincerely � ou .ti. 4 Keith K. Okamoto, P.E_ Manager -Chief Engineer RQ:dfg copy — Land Planning Hawaii. L,LC Mr. Robert J. Silber Planning Dept. Maier, Our�Wost fiecious Wgsource ... Kg Wai,4 sane ... Exhibit 3 The department of Water Supply is an Equal Opportunity provider and employer. Oi H� Mitchell A Roth ,NAY `1 ' �� yw; Ramzi I. Mansour Mayor +i i• Director Lee Lord ' �.',;�: �:��a` 'b►'N►� Brenda Ioke a -Moses P Managing Director Deputy Director County of Hawaii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuando`a Street, Suite 41 - Hilo, Hawai'i 96720 - cohdem@hawaiicounty.gov Ph: (808) 961-8083 - Fax: (808) 961-8086 MEMORANDUM TO: Zendo Kern, Director Planning Department FROM: Ramzi I. Mansour, Dir Cor ' m-M��— Department of Environmental Management DATE: September 22, 2022 SUBJECT: Special Permit Application (PL-SPP-2022-000016) Applicant: Robert J. Silber Request: To Legitimize the Operation of a Holistic Education Center Tax Map Key: (3) 1-3-002:140; Puna, Hawaii The Solid Waste Division has reviewed the subject application and offers the following comments and/or recommendations (contact the Solid Waste Division for details): ( ) No comments. (X) 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. (X) Ample and equal room should be provided for rubbish and recycling. (X) Green waste may be transported to the green waste sites located at the West Hawaii Organics Facility and East Hawaii Organics Facility, or other suitable diversion programs. (X) 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 Dept. Exhibit 4 County of Hawaii is an Equal Opportunity Provider and Employer Ramzi I. Mansour, Director September 22, 2022 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 21- 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 DEM"), [ ] applicant shall conduct a sewer study in accordance with the 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: RM:pls 2 DAVID Y. IGE GOVERNOR OF HAWAII y� t01 STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: September 12, 2022 TO: Mr. Zendo Kern Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief ELIZABETH A. CHAR, M.D. DIRECTOR OF HEALTH SUBJECT: Special Permit Application (PL-SPP-2022-000016) Applicant: Robert J. Silber Request: To Legitimize the Operation of a Holistic Education Center TMK: 1-3-002:140; Puna, Hawaii The subject property appears to have unpermitted building structures and unapproved individual wastewater systems which are considered violations of Chapter 11-62, Hawaii Administrative Rules. The Wastewater Branch highly recommends non issuance of the special permit to legitimize the operation of the Holistic Education Center until all building and wastewater system violations are resolved. Please contact Mark Tomomitsu at (808) 586-4294 for questions. Planning Dept. Exhibit 5 HAWAII FIRE DEPARTMENT. COUNTY OF HAWAII . HILO, HAWAII 96720 DATE September 9, 2022 Memorandum TO : PLANNING DEPARTMENT, COH FROM CAPTAIN CLINTON BAYBAYAN, FIRE PREVENTION BRANCH SUBJECT: ROBERT J SILBERS SPECIAL PERMIT APPLICATION In regards to the above mentioned project, Fire Department Access and Water Supply shall comply with Chapter 18 of the 2018 Hawaii State Fire Code and Chapter 26 of the Hawaii County Code. For any questions please email Clinton.Baba an dhawaiicounty.gov or call 808- 323-4761. Respectfully Submitted, Clinton Baybayan Fire Prevention Captain Fire Prevention Branch Hawaii Fire Department Planning Dept. Exhibit 6 DAVro Y. ICE GOL"ERINOR OF HAWAII 1� k'AW0 MEMORANDUM STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES DIVISION OF FORESTRY AND WILDLIFE 1 151 PUNCHBOWL STREET, ROOM 325 HONOLULU, HAWAII 96813 September 22, 2022 TO: RUSSELL Y. TSUJI, Land Administrator Land Division FROM: LAINIE BERRY, Wildlife Program Manager Division of Forestry and Wildlife SL'ZA�'�'E D. CASE C KAIPPERSC N BOARD OF LAND AND NATURAL RESOURCES COMMISMON ON WATER RESOMCE MANAGEMENT ROBERT K AUSI'DA FIRST DEPLTF AL &ALEO rLA.NI'EL DEPUTS' DIRECTOR- WATER AQUATIC RESJL-ACES EOATDIG AND OCEAN RECREATION BLTEAV OF CONVEYANCES CoMrIMSf N ON WATER PESOLRCE NANAMMFA'C CV'.: SERVATION AND COASTAL LANDS CO"NSERL'ATION AND RESOURCES LNNFORCE SE'..T ENGNE'ERINO FORESTRY AND WIL➢LWE RMOR.IC PRESERVATION KAHOOLS WE ISLAND RE5ERNT CO?LW SSIOR LAINZ STATE PARES Log no. 3806 SUBJECT: Division of Forestry and Wildlife Comments for the Special Permit Application from the County of Hawaii on behalf of Robert J. Silber Requesting to Legitimize the Operation of a Holistic Education Center on Hawaii Island The Department of Land and Natural Resources, Division of Forestry and Wildlife (DOFAW) has received your request for comments for the Special Permit Application (PL-SPP-2022-000016) to legitimize the operation of an off -grid holistic education center on an existing permaculture fruit and vegetable farm in an 8.134-acre parcel located at 13-2060 Lolia Place in KaueIeau, Puna, on the island of Hawaii; TMK: (3) 1-3-002: 140. The proposed project consists of keeping existing infrastructures such as lodging buildings and cabins, a greenhouse, bathhouse, and hot tub; and developing four new lodge cabins, two new two-story structures for massage and multipurpose rooms, one new greenhouse, one new sauna, 16 parking spaces, water catchment tanks, in ground - pool, driveways, and a turnaround. The State listed Hawaiian Hoary Bat or `Qpe`ape`a (Lasiurus cinereus semotus) could potentially occur at or in the vicinity of the project and may roost in nearby trees. Any required site clearing should be timed to avoid disturbance to bats during their birthing and pup rearing season (June 1 through September 15). During this period woody plants greater than 15 feet (4.6 meters) tall should not be disturbed, removed, or trimmed. Barbed wire should also be avoided for any construction because bats can become ensnared and killed by such fencing material during flight. Artificial lighting can adversely impact seabirds that may pass through the area at night by causing them to become disoriented. This disorientation can result in their collision with manmade structures or the grounding of birds. For nighttime work that might be required, DOFAW recommends that all lights used to be fully shielded to minimize the attraction of seabirds. Nighttime work that requires outdoor lighting should be avoided during the seabird fledging season, from September 15 through December 15. This is the period when young seabirds take their maiden voyage to the open sea. Permanent lighting also poses a risk of seabird attraction, and as such should be minimized or eliminated to protect seabird flyways and preserve the night sky. For illustrations and guidance related to seabird -friendly light styles that also protect seabirds and the dark starry skies of Hawaii please visit httys-//dlnr.hawaii.gov/wildlife/files/2016/03/DOC432.Pdf. Planning Dept. Exhibit 7 The State listed Hawaiian Goose or Nene (Branta sandvicensis) could potentially occur in the vicinity of the proposed project site. It is against State law to harm or harass these species. If any are present during construction, then all activities within 100 feet (30 meters) should cease, and the bird or birds should not be approached. Work may continue after the bird or birds leave the area of their own accord. If a nest is discovered at any point, please contact the Hawaii Island Branch DOFAW Office at (808) 974-4221. The State listed Hawaiian Hawk or `Io (Buteo solilarius) may occur in the project vicinity. DOFAW recommends surveying the area to ensure no Hawaiian Hawk nests are present if trees are to be cut. `10 nests may be present during the breeding season from March to September. DOFAW recommends minimizing the movement of plant or soil material between worksites. Soil and plant material may contain invasive fungal pathogens (e.g., Rapid `Ohi`a Death), vertebrate and invertebrate pests (e.g., Little Fire Ants, Coconut Rhinoceros Beetles), or invasive plant parts that could harm our native species and ecosystems. We recommend consulting the Big Island Invasive Species Committee (BIISC) at (808) 933.3340 to help plan, design, and construct the project, learn of any high -risk invasive species in the area, and ways to mitigate their spread. All equipment, materials, and personnel should be cleaned of excess soil and debris to minimize the risk of spreading invasive species. DOFAW is concerned about attracting vulnerable birds to areas that may host nonnative predators such as cats, rodents, and mongooses. We recommend taking action to minimize predator presence; remove cats, place bait stations for rodents and mongoose, and provide covered trash receptacles. DOFAW recommends using native plant species for landscaping that are appropriate for the area (i.e., climate conditions are suitable for the plants to thrive, historically occurred there, etc.). Please do not plant invasive species. DOFAW also recommends consulting the Hawaii -Pacific Weed Risk Assessment website to determine the potential invasiveness of plants proposed for use in the project (https:llsites.gaogle.com/site/weedriskassessment/liome). Please refer to www.plantpono.org for guidance on the selection and evaluation of landscaping plants. We appreciate your efforts to work with our office for the conservation of our native species. These comments are general guidelines and should not be considered comprehensive for this site or project. It is the responsibility of the applicant to do their own due diligence to avoid any negative environmental impacts. Should the scope of the project change significantly, or should it become apparent that threatened or endangered species may be impacted, please contact our staff as soon as possible. If you have any questions, please contact Paul Radley, Protected Species Habitat Conservation Planning Coordinator at (808) 295-1123 or paul. m.radley a.hawaii.gov. Sincerely, LAINIE BERRY Wildlife Program Manager SL7AWN'EWCV9F DA{�Y.ISE BPS 193g ro CRAuePElLSO� GMT OF KAWAN ?,: BOARD OF L041) AND NA MURAL RFSOL RCLS COMMISSION ON WATER RESOURCE i1 1 ►1ANAMMEN T �prd artd IVa mil c :l °4 rry � { w C STATE OF HAWAII Srdzenf Na 'a� DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION POST OFFICE BOX 621 HONOLULU, HAWAII 96809 Sep 8, 2022 MEMORANDUM FROM: DLNR Agencies: _Div. of Aquatic Resources _Div. of Boating & Ocean Recreation *Engineering Division (DLNR.ENGR(@,hawaii.gov] *Div. of Forestry & Wildlife (rubyrosa.t.terrago aahawaii.gov —Div. of State Parks X Commission on Water Resource Management (DLNR.CWRMahawaii.gov� _Office of Conservation & Coastal Lands X Land Division — Hawaii District (aordon.c.heit@hawaii.gov� To: FRem., Russell Y. Tsuji, Land Administrator�usseif T5ujr SUBJECT: Special Permit Application (PL-SPP-2022-000016) - Request to Legitimize the Operation of an Holistic Education Center LOCATION: 13-2060 Lolia Place, Puna, island of Hawaii; TMK: (3) 1-3-002:140 APPLICANT: County of Hawaii on behalf of Robert J. Silber Transmitted for your review and comment is information on the above -referenced subject matter. Please submit comments by September 22, 2022. If no response is received by the above date, we will assume your agency has no comments. Should you have any questions about this request, please contact Darlene Nakamura at darlene.k.nakamura(a)hawaii.gov. Thank you. BRIEF COMMENTS: ( } We have no objections. ( j We have no comments. j We have no additional comments. (V ) Comments are includedlattached. Signed: e*r Print Name: Carty S. Chang, Chief Engineer Division: Engineering Division Date: Sep 19, 2022 Attachments cc: Central Files Planning Dept. Exhibit 8 DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/Russell Y. Tsuji Ref: Special Permit Application (PL-SPP-2022-000016) — Request to Legitimize the Operation of a Holistic Education Center Location: 13-2060 Lolia Place, Puna, Island of Hawaii TMK(s): (3) 1-3-002:140 Applicant: County of Hawaii on behalf of Robert J. Silber COMMENTS The rules and regulations of the National Flood Insurance Program (NFIP), Title 44 of the Code of Federal Regulations (44CFR), are in effect when development falls within a Special Flood Hazard Area (high -risk areas). Be advised that 44CFR, Chapter 1, Subchapter B, Part 60 reflects the minimum standards as set forth by the NFIP. Local community flood ordinances may stipulate higher standards that can be more restrictive and would take precedence over the minimum NFIP standards. The owner of the project property and/or their representative is responsible to research the Flood Hazard Zone designation for the project. Flood zones subject to NFIP requirements are identified on FEMA's Flood Insurance Rate Maps (FIRM). The official FIRMs can be accessed through FEMA's Map Service Center (msc.fema.gov). Our Flood Hazard Assessment Tool (FHAT)(http://gis.hawaiinfip.org/FHAT) could also be used to research flood hazard information. If there are questions regarding the local flood ordinances, please contact the applicable County NFIP coordinating agency below: o Oahu: City and County of Honolulu, Department of Planning and Permitting (808) 768-8098. o Hawaii Island: County of Hawaii, Department of Public Works (808) 961-8327. o Maui/Molokai/Lanai County of Maui, Department of Planning (808) 270-7139. o Kauai: County of Kauai, Department of Public Works (808) 241-4849. Signed: 4 CJ �' CARTY S. CHANG, CHIEF ENGINEER Date: Sep 19, 2022 SUZANNE D. CASE bAVEb Y. IGE 46 G F y�CHAIRPERSON 4 BOARD U1 LAND AND KArURAL RMWRC-S QOVERNOROP HAWAII A,r 7� S g. • 7 CM MISS]ON] ON WATl'R RESOURCE MANAOLMENr `y(vd and N of ,OZ N S�a�oFFix+� STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES STATE HISTORIC PRESERVATION DIVISION KAKUHIHEWA BUILDING 601 KAMOKILA BLVD, STE 555 KAPOLEI, HAWAII 96707 September 15, 2022 Steven Pause, Director Department of Public Works County of Hawaii 101 Pauahi Street, Suite 7 Hilo, HI 96720 Public worksQhawaiicounty.gov Dear Mr. Pause: ROBERT K. MASUDA MST!DETUrY M.KALEO MANUEL DEPUTY DIRECTOR - WATER AQUATIC RESOURCES BOA 17ING AND OCEAN RLCRLA'nON 191111•All 01CUNVF:YANCFN CC* MISS]ON ON WATER RESOURCE. MANAGFMIPITC CONSERVATION AND COASTAL LANDS CONSER VA7'ION AND RE SMRCES ENF'ORCEMliRT FNuftQ--A NO FORESTRY AND WII7]].WF. HISTORIC PRESERVATION KAHOOLAWE ISLAND RESERVE CYN MSSION LAND 81 'A71i PARKx IN REPLY REFER TO: Project No. 2022PROI 124 Doc. No. 2209JG20 Archaeology SUBJECT: Chapter 6E-42 Historic Preservation Review County of Hawaii Special Permit Application for the Silber Property Kaueleau Ahupua`a, Puna District, Island of Hawaii TMK: (3)1-3-002:140 This letter provides the State Historic Preservation Division's (SHPD's) review of the subject application received by our office on September 8, 2022. The applicants are requesting for a County of Hawaii Special Permit to facilitate construction of a holistic education center. The project area comprises the entire 8.134-acre parcel. The submittal included a Special Permit Application Form and a copy of a County Background & Environmental Report. Project Description The applicants are proposing up to 22 lodging rooms to provide overnight accommodations, involving 6 separate cabins, each containing a single bedroom and a lanai; the cabins will not have plumbing or electricity unless required by building code. Two unpermitted cabins exist on the property which the applicants will seek permits for, and 4 additional cabins are proposed for construction. In addition to the 6 cabins, up to 14 individual bedrooms will be available within 2 existing unpermitted lodge buildings for both short-term and long-term occupancy; building permits will be sought for the existing lodge buildings, per the special permit application stipulations. The submittal materials indicate that the proposed project parcel has been impacted by previous ground disturbing activities associated with land clearing in the 1950s11960s and the development of the existing structures. The special permit application indicates that applicants were issued a Notice of Violation and Order on December 5, 2019 pertaining to the unpermitted operation of the existing holistic education center and are seeking a Special Permit in order to remedy that violation and legitimize the center. Findings A review of SHPD records indicates that no previous archaeological inventory survey has been conducted within the current project area and that no historic properties have been previously identified. Contemporary aerial imagery (2014 and 2021) confirm that the project area has been impacted by previous ground -disturbing activities associated with the land clearing activities and the development of the existing structures. Thus, it is unlikely that any historic properties remain intact within the current project area. Determination Based on the information provided SHPD's determination is no historic properties affected for the current project. Pursuant to HA § I 3-284-7(e), when the SHPD agrees that the action will not affect any significant historic properties, this is the SHPD's written concurrence and historic preservation review ends. The historic preservation review process is ended. The permit issuance process may proceed. Planning Dept. Exhibit 9 Mr. Pause September 15.2022 Page 2 Please attach to permit: In the unlikely event that subsurface historic resources, including human skeletal remains, structural remains. cultural deposits. artifacts, sand deposits, or sink holes are identified during the demolition and/or construction work, cease work in the immediate vicinity of the find, protect the find from additional disturbance, and contact the State Historic Preservation Division, at (808) 933-7651 Please contact Joshua Castilo at (808) 933-7653 or at Joshua.gastiloCahawaii.gov for any questions or concerns regarding this letter. Aloha, '41�ge 011910#91V Alan S. Downer, PhD Administrator. State Historic Preservation Division Deputy State Historic Preservation Officer cc: Jessica Andrews. Jessica.andrews(r�)hawaiicounty.gov John Pipan, iohn(klandplanniiiizhawaii.com Andrews, Jessica From: Andrews, Jessica Sent: Wednesday, October 12, 2022 3:11 PM To: John Pipan Cc: katrina kern; Jackson, Maija; Kay, Christian Subject: Re: Agency comments for Silber SPP application Aloha John, Thank you for sending the applicant's response to DOH & DEM comments. Please send the response to other agency comments as soon as it's available. On another related topic, it's come to our attention that a retreat center with guest accommodations has resumed operations on the subject property, and is currently advertising at a new website: http://www.hawaiiecoretreat.com Can you please provide a letter addressing why the applicant is continuing to operate guest accommodations after they represented to Planning Dept. inspectors that operations had ceased. Please include a statement of understanding that if the Special Permit is approved, the applicant will have to cease operations until such time as everything is permitted and up to code. Thank you, Jessica Andrews, Planner County of Hawai'i Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawai'i 96720 (808) 961-8155 Jessica.andrews@hawaiicounty.gov From: John Pipan <john@landplanninghawaii.com> Sent: Wednesday, October 12, 2022 11:45 AM To: Andrews, Jessica Cc: katrina kern; Jackson, Maija; Kay, Christian Subject: Re: Agency comments for Silber SPP application Aloha Jessica, Please see attached responses to DOH & DEM comments on the Silber application. I have uploaded to EPIC also. We'll finish up the others shortly. Also there is phone and internet service at the site. Best, John Pipan Planning Administrator Land Planning Hawaii LLC Planning Dept. Exhibit 10 1 194 Wiwoole St, Hilo, HI 96720 (808)333-3391 LAIC � ,!. PLANNING HA1A AI I LLC ---- On Tue, 11 Oct 2022 10:11:02 -1000 Andrews, Jessica <Jessica.Andrews@hawaiicounty.gov> wrote --- Aloha Katrina, Please let me know when the applicant's response to agency comments is available for this project. Regarding comments from Dept. of Environmental Management, please include how the applicant proposes to dispose of solid waste. Also, can you verify that the holistic education center has phone and internet service? Thanks, Jessica Andrews, Planner County of Hawai'i Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawai'i 96720 (808) 961-8155 iessica.andrews(@hawaiicountv.eov From: Katrina Kern<katrina@landplanninghawaii.com> Sent: Tuesday, October 4, 2022 11:37 AM To: Andrews, Jessica Cc: john pipan; Iph info; Jackson, Maija; Kay, Christian Subject: Re: Agency comments for Silber SPP application Aloha Jessica, Thank you for your email. We will download the comments from EPIC for the Silber project and respond accordingly. Have a great day! Katrina Kern 2 Office Manager Land Planning Hawaii LLC 194 Wiwoole St. Hilo, HI 96720 (808) 333-3393 katrina@landplanninahawaii.com LANIY_`=> LAND' `-. LAND',`- PLANNING WLANNING PLANNING HAWAII LLC HAWAII LLC HAWAII LLC This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. If you are not the intended recipient you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. ---- On Mon, 03 Oct 2022 14:08:09 -1000 Andrews, Jessica <Jessica.Andrews@)hawaiicountv.00v> wrote --- Hi John & Katrina, There are several agency comments for the Silber application, available now on EPIC. Please review the letters and provide the applicant's response as soon as possible. Be sure to include a response to DOH comments regarding unpermitted structures and wastewater systems, in addition to other agency comments. Thank you, Jessica Andrews, Planner County of Hawaii Planning Department (808) 961-8155 LAND'* PLANNING HAWAII LLC October 12, 2022 State of Hawaii Department of Health PO Box 916 Hilo, HI 96721-0916 Dear Mr. Honda: 194 Wiwoole St. Hilo, HI 96720 (808) 333-3393 info@landplanninghawaii.com Subject: Special Permit Application (PL-SPP-2422-000016) Applicant: Robert J. Silber Kamaili. Pahoa. Puna. Hawaii. TMK: (3) 1-3-002: 140 Thank you for your comments on the subject application. Since learning of the potential violations relating to wastewater disposal the applicant has been working diligently to resolve the issues. The composting toilet system and shower graywater disposal system were not approved by DOH. The applicant has decommissioned these systems and will install approved septic system(s) to replace them should the Special Permit be approved. The existing septic system serving one bathroom and one kitchen was designed by Atlas Engineering and installed properly by licensed contractors. The applicant believed everything had been filed properly with DOH and the system was fully permitted. However, some of the necessary paperwork was misplaced and the permitting materials were not submitted to DOH. The applicant is working with the relevant parties to resolve the clerical issue. The applicant has also rented port -a -potties for the property to supplement the bathroom served by the existing septic system until a new septic system can be built to replace the composting toilet and graywater system that had served the bathhouse. The applicant acknowledges there are building permit deficiencies and will work with the Department of Public Works to resolve these should the Special Permit be approved. In fact, in order for the building permitting issues to be resolved (by way of as -built permits), first their proposed uses have to be approved by special permit. If there are any questions related to this matter, or if you would like to arrange an inspection of the property, please contact my office. Thank you very much. Sincerely, JOHN PIPAN Land Planning Hawaii LLC Planning Dept. Exhibit 11 LAND"'*`194 Wiwoole St. Hilo, HI 96720 PLANNING (808) 333-3393 HAWA11 LLB info@landplanninghawaii.com October 12, 2022 Ramzi Mansour, Director Department of Environmental Management 345 Kekuanao'a Street, Suite 41 Hilo, HI 96720 Dear Mr_ Mansour: Subject: Special Permit Application (PL-SPP-2422-000016) Applicant: Robert J. Silber Kamaili, Pahoa, Puna, Hawaii, TMK: (3) 1-3-002: 140 Thank you for your comments on the subject application. The applicant acknowledges DEM regulations regarding solid waste and wastewater requirements. The applicant will not use transfer stations for disposal of solid waste from commercial operations. Commercial haulers will be contracted, or the applicant will seek a solid waste facility disposal permit themselves to take materials directly to the landfill. The applicant will provide ample and equal room for rubbish and recycling. The applicant will likely use green waste on property for mulching and composting, however if green waste is taken off site it will be transferred to the East Hawaii Organics Facility or other suitable diversion program. The applicant acknowledges that no construction or demolition waste is allowed at County Transfer Stations. Finally, the applicant will comply with Department of Health regulations regarding wastewater disposal. If there are any questions related to this matter please contact my office. Thank you very much. Sincerely, JOHN PIPAN Land Planning Hawaii LLC Planning Dept. Exhibit 2 LAND'*` =y 194 Wiwoole St. Hilo, HI 96720 PLANNING (808) 333-3393 info@landplanninghawaii.com HAWAI I LLC October 17, 2022 Lame Berry Department of Land and Natural Resources Division of Forestry and Wildlife 1151 Punchbowl Street Room 325 Honolulu, HI 96813 Subject: Special Permit Application (PL-SPP-2022-000016) Applicant: Robert J. Silber Kamaili, Pahoa, Puna, Hawaii, TMK: (3) 1-3-002: 140 Thank you for your comments on the subject application. The applicant acknowledges DOFAW's regulations regarding wildlife. Site clearing will be timed to avoid disturbance to the State listed Hawaiian Hoary Bat or `Ope`ape`a (Lasiurus cinereus senmtus) during their birthing and pup rearing season between June 15t and September 151h. During this period, woody plants greater than 15 feet (4.6 meters) tall will not be disturbed, removed, or trimmed. Barbed wire will not be used for any construction to avoid bats from becoming ensnared and killed. If nighttime work is required, all lights used will be fully shielded to minimize the attraction of seabirds. Nighttime work that requires outdoor lighting will be avoided during the seabird fledging season from September 15" through December 151h. Permanent lighting will be minimized as much as possible to protect seabirds and the night sky. The applicant will comply with the wildlife lighting guide provided by DOFAW. The applicant will also comply with regulations to minimize the movement of plant and soil material between worksites to avoid spreading fungal pathogens, Action to minimize predator presence will also be taken including removing cats, placing bait stations for rodents and mongoose, and providing covered trash receptacles. Native plant species will be used for landscaping wherever possible. If there are any questions related to this matter, please contact my office. Thank you very much. Sincerely, JOHN PIPAN Land Planning Hawaii LLC Planning Dept. Exhibit 13 LAND' * i =y 194 Wiwoole St. Hilo, HI 96720 PLANNING (808) 333-3393 info@landplanninghawaii.com HAWAII LLC October 17, 2022 Russell Tsuji Department of Land and Natural Resources Engineering Division P.D. Box 621 Honolulu, HI 96809 Subject: Special Permit Application (PL-SPP-2022-000016) Applicant: Robert J. Silber Kamaili, Pahoa, Puna, Hawaii, TMK: (3) 1-3-002: 140 Thank you for your comments on the subject application. The applicant acknowledges DLNR Engineering Division's regulations regarding the National Flood Insurance Program (NFIP). The applicant will comply with the rules and regulations of the National Flood Insurance Program, Title 44 of the Code of Federal Regulations (44FCR). The subject property lies within Flood Zone X, or outside of the 500-year floodplain, and therefore has a low flood risk. If there are any questions related to this matter, please contact my office. Thank you very much. Sincerely, JOHN PIPAN "Land Planning Hawaii LLC Planning Dept. Exhibit 14 LAN D" r 194 Wiwoole St. Hilo, HI 96720 PLANNING t* (808) 333-3393 info@lnndplanninghawaii.com HAWAII LLCM October 17, 2022 Alan Downer State of Hawai` i State Historic Preservation Division 601 Kamokila Blvd 4555 Kapolei, HI 96707 Subject: Special Permit Application (PL-SPP-2022-000016) Applicant: Robert J. Silber Kamaili, Paboa, Puna, Hawaii, TNIK: (3) 1-3-002: 140 Dear Mr. Downer, Thank you for your comments on the subject application. The applicant acknowledges that SHPD has determined that no historic properties will be affected by the proposed project. However, in the unlikely event that subsurface historic resources, including human skeletal remains, structural remains, cultural deposits, artifacts, sand deposits, or sink holes are identified during the demolition and/or Construction, work will cease in the immediate vicinity of the find, the find will be protected from additional disturbance and SHPD will be contactcd immediately. If there are any questions related to this matter, please contact my office. Thank you very Much. Sincerely, JOHN PIPAN Land Planning Hawaii LLC Planning Dept. Exhibit 15 LAND' * i =y 194 Wiwoole St. Hilo, HI 96720 PLANNING (808) 333-3393 info@landplanninghawaii.com HAWAII LLC October 17, 2022 Robyn Matsumoto County of Hawaii Department of Public Works 101 Pauahi Street, Suite 7 Hilo, HI 96720 Subject: Special Permit Application (PL-SPP-2022-000016) Applicant: Robert J. Silber Kamaili, Pahoa, Puna, Hawaii, TMK: (3) 1-3-002: 140 Dear Ms. Matsumoto, Thank you for your comments on the subject application. The applicant acknowledges DPW's regulations regarding erosion and sedimentary control. The applicant will comply with the requirements of Hawaii County Code, Chapter 10, Erosion and Sedimentary Control_ The applicant appreciates the information regarding the subject property flood zone (Flood Zone X). The applicant acknowledges that DPW has no comments regarding accessing Kalapana-Kapoho Beach Road via Lolia Place, which is an existing privately owned road, and that the subject property has no open violations. If there are any questions related to this matter, please contact my office. Thank you very much. Sincerely, JOHN PIPAN Land Planning Hawaii LLC Planning Dept. Exhibit 16 LAND' * i =y 194 Wiwoole St. Hilo, HI 96720 PLANNING (808) 333-3393 info@landplanninghawaii.com HAWAII LLC October 17, 2022 Keith Okamoto County of Hawaii Department of Water Supply 345 Kekuanao`a Street Suite 20 Hilo, HI 96720 Subject: Special Permit Application (PL-SPP-2022-000016) Applicant: Robert J. Silber Kamaili, Pahoa, Puna, Hawaii, TMK: (3) 1-3-002: 140 Dear Mr. Okamoto, Thank you for your comments on the subject application. The applicant acknowledges DWS regulations regarding private rainwater catchment systems. The applicant acknowledges that DWS has no objection to the use of a private rainwater catchment system to provide water service and that DWS cannot approve or comment as to the adequacy of the system as they do not meet the Water System Standards. The applicant will consult with the County of Hawaii Planning Department, Department of Public Works and the State Department of Health to determine guidelines and recommendations regarding the use of rainwater catchment systems. If there are any questions related to this matter, please contact my office. Thank you very much. Sincerely, JOHN PIPAN Land Planning Hawaii LLC Planning Dept. Exhibit 17 LAND'* i .�w PLANNING HAWAII LLC October 17, 2022 Clinton Baybayan County of Hawaii Fire Department 25 Aupuni Street, Suite 2501 Hilo, HI 96720 194 Wiwoolc St. Hilo, HI 96720 (808) 333-3393 info@landplanninghawaii.com Subject: Special Permit Application (PL-SPP-2022-000016) Applicant: Robert J. Silber Kamaili, Pahoa, Puna, Hawaii, TMK: (3) 1-3-002: 140 Dear Mr. Baybayan, Thank you for your comments on the subject application. The applicant acknowledges the Fire Department's regulations regarding fire department access and water supply_ The applicant will comply with Chapter 18 of the 2018 Hawaii State Fire Code and Chapter 26 of the Hawaii County Code. If there are any questions related to this matter, please contact my office. Thank you very much. Sincerely, JOHN PIPAN Land Planning Hawaii LLC Planning Dept. Exhibi# 18 LAND' * i =y 194 Wiwoole St. Hilo, HI 96720 PLANNING (808) 333-3393 info@landplanninghawaii.com HAWAII LLC October 17, 2022 Megumi Nakayama State of Hawaii Office of Planning and Sustainable Development P.O. Box 2359 Honolulu, Hawaii 96804-2359 Subject: Special Permit Application (PL-SPP-2022-100016) Applicant: Robert J. Silber Kamaili, Pahoa, Puna, Hawaii, TMK: (3) 1-3-002: 140 Dear Ms. Nakayama, Thank you for your comments on the subject application. The applicant acknowledges that the OPSD has no comments at this time. If there are any questions related to this matter, please contact my office. Thank you very much. Sincerely, JOHN PIPAN Land Planning Hawaii LLC Planning Dept. Exhibit 9 LAND'* i .�w PLANNING HAWAII LLC October 17, 2022 Kenneth Quiocho County of Hawaii Police Department 349 Kapi`olani Street Hilo, HI 96720 194 Wiwoolc St. Hilo, HI 96720 (808) 333-3393 info@landplanninghawaii.com Subject: Special Permit Application (PL-SPP-2022-000016) Applicant: Robert J. Silber Kamaili, Pahoa, Puna, Hawaii, TMK: (3) 1-3-002: 140 Dear Mr. Quiocho, Thank you for your comments on the subject application. The applicant acknowledges that the Police Department does not anticipate any significant impact to traffic and/or public safety concerns. If there are any questions related to this matter, please contact my office. Thank you very much. Sincerely, JOHN PIPAN Land Planning Hawaii LLC Planning Dept. Exhibit 20 LAND'` ;y PLANNING HAWAII LLC October 21, 2022 Jeffrey Darrow, Deputy Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Darrow: 194 Wiwoole St. Hilo, HI 96720 (808) 333-3393 info@landplanninghawaii.com Subject: Attn: Jessica Andrews Special Permit Application — Additional Information and Revisions Applicant: Robert Silber Kamaili, Pahoa, Puna, Hawaii TMK (3) 1-3-002:140 This letter is in response to your email dated October 12, 2022 requesting additional information. Due to financial circumstances, the applicant has resumed operating the retreat center. Due to the same financial circumstances, it would not be feasible for the applicant to make the improvements that may be required to achieve the as -built permitting without the retreat center in operation. To that end the applicant would respectfully request to be allowed one year to complete the required as -built permits for retreat structures. Discussions revolving around what may be required to improve the existing greenhouse noted as building I on the site plan to current codes for gathering use may be cost prohibitive. Therefore, the applicant would like to remove proposed gathering uses in this building. The building would only be used for legitimate agricultural uses consistent with the definition in Hawaii County Code Chapter 5A. "Agricultural building" means a development, including a nonresidential building or structure, built for agricultural or aquacultural purposes, located on a commercial farm or ranch constructed or installed to house farm or ranch implements, agricultural or aquacultural feeds or supplies, livestock, poultry, or other agricultural or aquacultural products, used in or necessary for the operation of the farm or ranch, or for the processing and selling of farm or ranch products. An agricultural building for personal use shall be excluded from this definition. Also, Regarding your question about retreat events and quiet hours. Any retreat events conducted during quiet hours will be quiet in nature, such as meditation and yoga. If there are any other questions, please feel free to direct them to me. Thank you very much. Sincerely, JOHN PIPAN Planning Administrator Planning Dept. Exhibit 21