Loading...
HomeMy WebLinkAboutPD BACKGROUND REPORT (PL-SPP-2022-000024) BCarlson-SPP.mp 11-02-2022 COUNTY OF HAWAI`I PLANNING DEPARTMENT BACKGROUND REPORT CARL AND CHRISTINE CARLSON SPECIAL PERMIT APPLICATION NO. PL-SPP-2022-000024 CARL AND CHRISTINE CARLSON have submitted an application for a Special Permit to allow a one-bedroom bed and breakfast establishment within an existing single-family dwelling on 2.832 acres of land in the State Land Use Agricultural District. The subject property is located at 72-4857 Ho`omalie Place, approximately 800 feet northwest(makai) of its intersection with Mamalahoa Highway, Kuki`o 2nd and Manini`owali,North Kona, Hawaii, TMK: (3) 7-2- 004:027. APPLICANTS' REQUEST 1. Request: The applicants, who reside on the property, are requesting a Special Permit to allow a one-bedroom bed and breakfast establishment in an existing, permitted,two- bedroom single-family dwelling. The bed and breakfast will operate within the existing footprint of a 308-square foot detached bedroom with an attached 132-square foot covered lanai, with the intention to provide accommodations for no more than two adults. According to the applicants, guests will have the opportunity to experience the plant nursery on the adjoining property, owned by the applicants' family, and be served produce from on-site fruit trees. 2. Purpose of Request: The applicants are requesting a Special Permit to allow a one- bedroom bed and breakfast operation to provide supplemental income and some occasional company to the applicants. The applicants also plan to serve as an indirect form of agricultural tourism by providing guests access to on-site orchard trees and a small floral nursery on the adjoining property. 3. Staffing/Employees: The applicants intend to be the only operators of the bed and breakfast. -1- 4. Parking: Off-street parking is available for the guests of the bed and breakfast operation and for the residence. The application proposes to designate two unpaved parking stalls adjacent to the existing detached garage to be used by guests of the bed and breakfast. 5. Project Timetable/Cost: The applicants intend to begin operating the bed and breakfast upon approval of the special permit and do not anticipate construction costs associated with the project. 6. Landowners: Carl, Jr. and Christine Carlson. 7. Supportive Information: A Special Permit is required to operate a bed and breakfast establishment in the State Land Use Agricultural District. The applicants, who are the listed owners, submitted the attached in support of the request: (Planning Department Exhibit 1 - Special Permit Application received September 6, 2022) STATE & COUNTY PLANS 8. State Land Use District: Agricultural. 9. General Plan Land Use Pattern Allocation Guide (LUPAG) MAP: Extensive Agricultural. 10. County Zoning: Family Agricultural-2 acre (FA-2a). 11. Kona Community Development Plan (KCDP): The KCDP was originally adopted by the Hawaii County Council on September 25, 2008 and most recently amended on September 18, 2019 as Ordinance 19 91. The subject property is located outside of the Kona Urban Area and outside of any Rural Town Areas. 12. Special Management Area (SMA): The Special Management Area is a part of the Coastal Zone Management Program and regulated by the County. The property is not located within the Special Management Area and is situated approximately four miles from the nearest coastline. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 13. Subject Property: The subject property is approximately 2.832 acres in size, trapezoidal in shape, and was originally part of a 5-acre property that was rezoned in 2016 from the Agricultural 5-acre (A-5a) zoning district to the Family Agricultural 2-acre (FA-2a) zoning district(Ordinance No. 16-079) and subsequently subdivided into two lots. The existing, two-bedroom, single-family dwelling, including a garage and detached -2- bedroom, was completed in 2017. The proposed bed and breakfast would be housed in the detached bedroom and the applicants would occupy the other bedroom in the main building. 14. Building Permits: According to records on file with the Building Division, the following building permits have been issued for the property: • Building Permit No. BK2016-01337: Finalized on July 24, 2017, for a new single-family dwelling consisting of three separate structures: a main house, detached bedroom, and detached garage. 15. Surrounding Zoning/Land Uses: The adjacent property to the west is zoned Family Agricultural 2-acre (FA-2a) and contains a single-family dwelling. All other surrounding properties are zoned Agricultural 5-acre (A-5a) and consist primarily of undeveloped land and scattered dwellings. 16. Flood Insurance Rate Map (FIRM): The Department of Public Works confirmed that the subject property is situated within Zone X on the Flood Insurance Rate Map (FIRM) by FEMA, an area determined to be outside the 500-year flood plain. 17. USDA Soil Type: Soil in the subject property is classified as Napuu, extremely cobbly medial highly decomposed plant material, 10 to 20 percent slopes. 18. Land Study Bureau's Detailed Land Classification System: Soil within the property is classified as "C" or"Fair" for agricultural productivity. 19. Agricultural Lands of Importance to the State of Hawaii (ALISH): Classified as "0", or"Unclassified" or"Other Agricultural Land". 20. Flora/Fauna: No professional surveys were conducted of the flora/fauna resources on the property. According to the applicants, the likelihood of any rare or endangered species, habitat or flora on the property is remote. The property was previously used for cattle grazing and consists of scattered trees, such as `6hi`a,jarcaranda, kukui, Christmas berry, and others. The Department of Land and Natural Resources—Forestry and Wildlife Division (DOFAW) response letter lists `Ope`ape`a (Hawaiian Hoary Bat), Nene (Hawaiian Goose), `Io (Hawaiian Hawk), and Blackburn's Sphinx Moth (Manduca Blackburn) as potentially occurring species within the subject property. In regard to the applicant's stated intentions within their application to plant more ornamental and fruit -3- trees, DOFAW requests that the applicant not plant invasive species. 21. Archaeological/Cultural/Historical Resources: A SHPD-approved Archaeological Inventory Survey (AIS)was completed for the subject property by Haun and Associates in January 2016,which identified three sites with 14 features, including two single feature sites and one complex of features with the remaining 12 features. The AIS determined all items were considered significant solely for their information content and no further work or preservation is recommended. The subject site is not adjacent and/or proximate to the shoreline, therefore gathering of marine life and coastal access for Native Hawaiian gathering and fishing rights is not an issue. The applicant states they have not observed the property or adjoining properties being used by Native Hawaiians for the gathering of plants in recent times. The applicant has also stated that in the event legitimate gathering claims are made by Native Hawaiians, that they intend to respect and honor such claims and provide the needed access within the site. 22. Public Access: There is no known public access to the shoreline or mountain areas that runs through the property. 23. Traffic: According to the applicant, given the small scale of the proposal, a one-bedroom bed and breakfast should not generate significantly adverse traffic impacts on the local roadway system. PUBLIC UTILITIES AND SERVICES 24. Access: Access to the site is from Ho`omalie Place, a private road with a 20-foot-wide pavement within a 50-foot right-of-way that intersects with Mamalahoa Highway, which is under the jurisdiction of the State Department of Transportation. The subject property has access via easement interest in Ho`omalie Place. 25. Water: According to the Department of Water Supply (DWS), the subject parcel is not within the service limits of their existing water system. According to the applicant, the property is serviced by a private water meter, which has access to 2,400 gallons of potable water from a private water system that was approved by the Department of Water Supply in 2015. 26. Wastewater: Wastewater is presently disposed of into an existing, permitted septic system. -4- 27. Solid Waste: The property owner disposes of their own solid waste. The Department of Environmental Management states that"commercial operations", such as the proposed bed and breakfast, may not use transfer stations for disposal. 28. Food Service Operations: By definition, bed and breakfast establishments may only provide breakfast meals to guests. The Department of Health (DOH)has responded that a food establishment permit will be required if meals are to include "potentially hazardous food". If the bed and breakfast will only offer commercial cereal, certain pastries, breads, fruits, coffee, tea, or juice, then a food establishment permit may be avoided, however the limited menu must be documented with DOH along with other DOH requirements. 29. Real Property Tax: The real property tax classification of the subject parcel is currently designated as "homeowner". The Real Property Tax Office (RPT)notes that if the special permit application is approved allowing a one-bedroom bed and breakfast establishment within the existing dwelling and verifiable STVR activity is confirmed through online booking sites or guest reviews,the parcel/owners will lose benefits of the homeowner classification. In response, the applicants have stated that if RPT determines that the homeowner tax classification will not apply to the proposed use, they may elect to not commence operations of the bed and breakfast and would request revocation of the special permit as necessary. 30. Essential Utilities and Services: Electrical and telephone services are available to the property. 31. Fire, Medical, and Police Services: Fire and medical services are available from the Makalei Fire Station and police services are available from the Kealakehe Police Station. AGENCIES' COMMENTS 32. Finance Department—Real Property Tax Division: (Planning Department Exhibit 2 — September 28, 2022 Email) 33. State Department of Health: (Planning Department Exhibit 3 — September 29, 2022 Memo) 34. Fire Department: (Planning Department Exhibit 4 —October 3, 2022 Memo) 35. Department of Water Supply: (Planning Department Exhibit 5— October 7, 2022 Letter) -5- 36. Department of Land and Natural Resources —Engineering Division: (Planning Department Exhibit 6—October 24, 2022 Letter) 37. Department of Land and Natural Resources —Division of Forestry & Wildlife: (Planning Department Exhibit 7 —October 24, 2022 Memo) 38. Department of Public Works —Engineering Division: (Planning Department Exhibit 8 — October 28, 2022 Memo) 39. Department of Environmental Management: (Planning Department Exhibit 9 — October 28, 2022 Memo) AGENCIES —NO COMMENT/CONCERN 40. Police Department, Department of Land and Natural Resources—Land Division, and State Office of Planning and Sustainable Development AGENCIES —NO RESPONSE 41. State Land Use Commission, Department of Land and Natural Resources—Commission on Water Resource Management, and State Department of Agriculture. APPLICANT'S RESPONSE TO AGENCY COMMENTS 42. The applicant has submitted a response letter to comments received from the Fire Department, Real Property Tax Division of the Finance Department, Department of Water Supply, State Department of Health, and State Office of Planning and Sustainable Development. (Planning Department Exhibit 10— October 16, 2022 Letter) PUBLIC COMMENTS 43. No public comments have been received as of the date of this writing. -6- SPECIAL PERMIT APPLICATION PROPOSED 1-ROOM BED AND BREAKFAST CARL, JR. AND CHRISTINE CARLSON KUKIO 2ND AND MANINIOWALE, NORTH KONA, HAWAI'I TAX MAP KEY: (3) 7-2-004: 027 1. INTRODUCTION Carl, Jr. and Christine Carlson ("Applicants") would like to establish a 1- room bed and breakfast ("B&B") facility within an existing single-family dwelling on a 2.832-acre property ("subject site.") The property is generally located makar of the Mamalahoa Highway (Highway 190), approximately '/2 mile north of the entrance to the Makalei Golf Course. As the site is designated Agriculture by the State Land Use Commission, a Special Permit is required to allow the requested use. This report is intended to support the request. 11. PROJECT LOCATION As noted earlier, the subject property is generally located on the makar side of Highway 190 or Mamalahoa Highway, approximately '/z mile north of the entrance to the Makalei Golf Course. More specifically, it is located on the south side of Hooma'lie Place, a private road which intersects with the Mamalahoa Highway. The entrance to the Huehue Ranch headquarters is located about 500 feet south of Hooma'lie Place, while the 10,000+/- square foot subdivision called Kona Ocean View or Puukala Homesteads is situated approximately a mile further south_ (Figures 1 and 2). III. PROJECT DESCRIPTION A. Project Background and Concept The subject site, consisting of 2.832 acres, was originally part of a 5-acre property that was recently rezoned on July 25, 2016, into the FA-2a district (Ordinance No. 16 79) and subsequently subdivided into two (2) lots. The Applicants submitted the rezoning and subdivision applications with the intention of building their home on one of the lots and conveying the other to one of their children. True to their representations, their home was completed in 2017, and the other lot was conveyed to one of Planning (3ep . Exhibit 1 1 SUBJECT PARCEL l� rr �i i or a' w aQ dc PUU LA SUBDIVISON 4 MAKAL.EI GOLF ......COURSE-..._...._ PALAMANUI PROJECT .r;�l Figure 7 u e � _"�. "•..r - - � 1, !�� n j-�F a �1 � � ! .iV ' 11 ■ � J7 J I ; SUBJECT SlT / ' '' ■ v � F1f G. If I ' t ! 'l 4 •i � 1 N ] IL' 1 Z7 J r , I I e Q•y .� � Q �r `' r I a J I 4 �`4 v G � � A►AIN91H r r ww mvlgm J .e -.ems -yr s• w c.. i � PfPI r 4 �r it � i • � ' � �f� Y FF I 1 k r mew Y I 1 e - -�p.larinf• �n8 sdArrvl: a�mv,S` _N Fr re their children, who have also since constructed their home on the other property in 2020. Although "retired" and "empty nesters", they have been involved in the ranching and hospitality industry in the past. As such, to supplement their income plus provide some occasional company, they would like to utilize one of their 2-bedroom dwelling as a B&B unit. As noted on the site plan, (Figure 3) the single B&B would be housed in the semi-detached bedroom. The Applicants would occupy the other bedroom in the main building. The Applicants' daughter and her family, who live on the adjoining property, is developing a small floral nursery such as carnation and French lavender on nearly an acre of land and hopes to expand it to include native plants as well. Additionally, the Applicants have orchard trees such as mango, avocado, lime, pomegranate, ulu, and lychee, which they would like to provide to their guests. Between the two lots, the plan is to have the adjoining nursery and on-site fruit trees serve as an educational amenity to guests and thus function as an indirect form of Agricultural Tourism. The 1-room B&B would also operate and be consistent with the criteria for B&Bs as outlined in the County Zoning Code. Specifically, these would be: 1. The operator will reside on the same building site. The Applicants will be the operator and will be living on the same site and dwelling; 2. The room will be within the single-family dwelling; 3. The total number of rentable guest rooms would not exceed five (5)_ There will be only one (1) rentable room; 4. The maximum number of guests at any one time would be capped at two (2), which would be considerably less than the maximum allowable of ten (10); 5. Only breakfast meals would be offered to the guests; 6. There would be a minimum of four (4) parking stalls available for guests and the Applicants. While the two (2) additional stalls will not 2 ti Proposed Parking Area r Proposed B&B Unit � � 1 L= 0 7� CD C6 Zr 1 1 wvp Q� L_J Qt N 1 Egyre 3 be paved, they will be in an area that has little erosion, mud, and standing water; and 7. Any and all signage will comply with the requirements of Chapter 3 relating to signs. B. Nature of Request Given the above, a Special Permit would be required for the proposed 1- room B&B. C. Pro'ect Timetable and Cost As all of the improvements are in —with the exception of the additional parking area -the Applicants hope to begin implementing the project immediately upon issuance of the Special Permit. At this time, the Applicants d❑ not see any construction cost requirement to operate the B&B. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The State Land Use designation of the subject property is Agricuitural. As such, a Special Permit from the County Leeward Planning Commission is required to authorize the requested use. B. County General Plan The County General Plan Land Use Pattern Allocation Guide ("LUPAG") map was not designed to be specifically measurable and instead be a broad-brush description of desired land use patterns. However, with the advent of technology, the map was formatted into measurable patterns. Under the digitized format, the subject site is designated Extensive Agricultural on the LUPAG map. The Extensive Agricultural land includes lands "that are not capable of producing sustained, high agricultural yields without the intensive application of modem farming methods and technologies due to certain physical constraints such as soil composition, slope, machine tillability, and climate." 3 Based on the above, the FA-2a rezoning was approved. Further, because the proposed 1-bedroom B&B will not result in the reduction of any currently cultivated land, the requested Special Use Permit would not be inconsistent with the General Plan LUPAG designation, and no amendments would be required. The requested use should not detract from the parcel's limited and potentially intensive agricultural uses, as it is proposed in an area that is already established for non-cultivatable activities. With or without the requested use, the amount of cultivatable area should remain the same. The proposed B&B would be on a site that has fruit bearing trees that will be served to the guests. Further, guests will be able to visit the plant nursery on the adjoining property. The guests will thus be exposed to agricultural type of activities on the subject and adjoining site, and that should help foster the interest and growth in the overall agricultural industry. In that sense, the requested uses would fulfill the General Plan's Agricultural Goals and Policies. Specifically: Goals ■ Preserve the agricultural character of the island • Preserve and enhance opportunities for the expansion of Hawai`i's agricultural industry. Policies • Implement new approaches to preserve important agricultural lands. ■ Coordinate and encourage efforts to solve the problems of the agricultural industry in the County of Hawai'i. • Assist in the development of agriculture. ■ Encourage, where appropriate, the establishment of visitor- related uses and facilities that directly promote the agricultural industry. ■ Encourage other compatible economic uses that complement existing agricultural and pastoral activities. The request would also not be contrary to the following goals, policies, and standards of the General Plan: 4 Economic Element ■ Economic development and improvement shall be in balance with the physical and social environments • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment • The County shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors Land Use Element • Designate and allocate land use in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County • Protect and encourage the intensive utilization of the County's important agricultural lands • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment C. Kona Community Development Plan ("CDP") Relative to the Kona CDP, Section 15.1 of the County General Plan called for the development and eventual County Council adoption of Community Development Plans. The General Plan states that the CDP "will translate the broad General Plan statements to specific actions as they apply to specific geographical areas." The General Plan also notes that should the CDP require a General Plan amendment, it could be considered concurrent with the adoption of the CDP. However, "If there is a direct conflict between the Community Development Plan and the General Plan, the General Plan shall be controlling." The Land Use map of the CDP appeared to follow or utilize the digitized version of the General Plan LUPAG map. In that regard, the subject site is situated outside of the Kona Urban Area, as well as outside of the road concurrency map. 5 Notwithstanding the map portion of the CDP, the CDP also identified several principles related to its overall "vision." These principles and their relationship to the proposed B&B follow. a. Protect Kona's natural resources and culture. The subject site does not have any critical natural resources, having been already developed as a residence. The site is designated "X"on the Federal Emergency Management Agency's Flood Insurance Rate Map. This is areas outside of the 100-year storm. Appropriate on-site mitigation to accommodate project- generated drainage— if needed - will be addressed and implemented during the building permit and construction phases of this project. Furthermore, there are nc known archaeological features or botanical resources on the subject site. b. Provide connectivity and transportation choices. The area of this proposed B&B is not identified as any future connector road or on the concurrency map of the Kona CDP. c. Provide housing choices. This principle is marginally pertinent, as there is a possibility that with the more intensive agricultural use of the property, there may be a need for an additional farm dwelling, If so, there is room on the site to accommodate an additional farm dwelling. d. Provide recreation opportunities. Again, this project is not a recreational one per se. Nevertheless, this site is not a critical resource for recreational opportunities, as it is not a coastal property nor identified in the CP❑ as an area necessary for future recreational purposes. e. Direct future growth patterns toward compact villages, preserving Kona's rural, diverse and historical character. The location of this site is proximate and somewhat within the northern portion of the town of Kailua. The proposed B&B should help foster this rural concept. As such, the proposed project would be consistent with this principle. 6 f. Provide infrastructure and essential facilities consistent with growth. The basic infrastructure, like access and water, to support the B&B already exits. g. Encourage a diverse and vibrant economy emphasizing agriculture and sustainable economies. The Land Shady Bureau Overall Master Productivity, Rating for the subject site appears to have two (2) classifications —"C" (C-55) or fair and "D" (D-267) or poor. The "C" classification suggests that the site is fair for productivity capacity for agricultural crops, while the "M suggests poor or limited productivity capacity. The "C" classification denotes soils of the Honuaulu and Pahoehoe series, with shallow, moderately fine soil material. The color is dark brown, and the parent material is volcanic ash, with outcrops of Pahoehoe. This type of soil is well drained and very poorly suited for machine tillability. The "D" classified soils are of the A'a with Honoaulu and Moaula series. This type of soil series has limited soil material, whose parent material is of A'a and volcanic ash. They are very well drained and very poorly suited for machine tillability. The State of Hawaii's Agricultural Lands of Importance to the State of Hawaii (ALISH) maps classify this site as being either "unclassified" or"Other Agricultural Land". Notwithstanding these designations, the Applicants intend have already planted fruit trees that would be served to guests and hence, should generate agriculturally-related interests among their guests. g. Promote effective governance. This principle is not applicable. The CDP also discusses strategies for the "enhancement" of the agricultural industry in Kona. The requested use would be consistent with two of these strategies. One is the protection of agricultural lands, as no subdivision is being proposed and the potential of agricultural activity on the site would be maintained. The other relates 7 to agricultural tourism, which this request would be indirectly promoting. Accordingly, the requested use would further the agricultural objectives of both the General Plan and Kona CDP. As such, no action or amendment to either document would be needed to effectuate this project. D. County Zoning The County zoning designation of the site is Family Agricultural (FA- 2a). The minimum lot size for this zoning district is two (2) acres. The subject property consists of nearly 2.832 acres and is thus considered a conforming lot of record. VVithin the FA-2a zone, the Applicants existing uses such as the farm dwelling is a permitted use. What is being requested will not require any significant improvements to the property but involve expanded uses of the existing grounds and dwelling. While prohibited in the Zoning Code, a Special Permit would make those uses possible. Should the request be approved, subsequent "ministerial" or administrative type of permits such as Plan Approval, if needed, will be complied with. E. Special Management Area The subject site falls outside the Special Management Area. As such, no SMA permit is required. A discussion of the project's relationship to the Coastal Zone Management policies, however, is found in Chapter VIII of this report. F. Other Permittina Considerations As noted earlier, Plan Approval and other ministerial permits to comply with any conditions of the Special Use Permit may still be needed. V. INFRASTRUCTURAL CONSIDERATIONS A. Water The subject site is already serviced by a private water meter, a meter which has access to 2,400 gallons of potable water from a private water system approved by the County Department of Water Supply 8 ("DWS"). As the demand should be no different than a standard family which should use no more than 400 gallons per day, no additional meter and/or water service is being requested for this proposed activity. B. Wastewater The existing dwelling is served by a septic system approved by the State Department of Health. This system was predicated upon the use of the second bedroom, whether for a B&B or conventional bedroom. Thus, no additional wastewater improvements would be needed to accommodate this request. C. Drainage According to the US Corps of Engineers Flood Insurance Rate Map (FIRM), the area of the requested use is situated within Zone X. Said designation refers to areas determined to be outside of the 500-year flood plain. The Applicants have not observed any significant runoff or erosion in the recent past. As noted earlier, no significant improvements to the area of the requested uses are being proposed. However, if any improvements are made, pursuant to County drainage requirements, appropriate drywell and/or similar means to capture runoff from the newly constructed improvements will be built, if necessary, in conjunction with any permitting process. D. Access and Traffic Implications Access to the project would be from a County-approved private agricultural standard road called Hooma'lie Place. This road has a 50-foot wide right-of-way, with a 20-foot wide road, paved and developed to County agricultural standards. There is also at least a 2- 4 foot wide graded, improved shoulders on each side of the road. Hooma'lie Place eventually intersects with the Mamalahoa Highway. There is good visibility entering and exiting that driveway. To minimize conflicts with school and commuter traffic, the Applicants will have check ins and check outs after the AM/PM peak hours. Furthermore, the number of guests is limited by virtue of the number of bedrooms (1). That should be significantly less than a standard family living in this area. As such, the project is not anticipated to 9 generate any significantly adverse traffic impacts on the local roadway system. E. Other Utilities Electrical and telephone services are already available to the site. VI. ENVIRONMENTAL CONSIDERATIONS A. General Description The parcel fronts the private road called Hooma'lie Place. The current vegetation suggests that, aside from limited on-going cattle grazing in the past, there has been no recent active agricultural activity being conducted on the site. For example, no abandoned coffee or fruit trees were found on the property. The Applicants intend to plant some of them in the near future, however. The site is situated at approximately the 1,750-foot elevation level. The mean annual rainfall in this area ranges between 30 to 70 inches. The wetter months tend to occur between June through September. The mean annual temperature is about seventy-five (75) degrees Fahrenheit, with the warmer months during the summer. Because the site is situated on the leeward side of the island, winds tend to be light and variable. Slight easterly winds occur during the day, while westerly or mountain winds are prevalent during the evenings. 6_ Soils The topography of the site slopes slightly in a makka (east) to makai (west) direction. There is a gradual 10 to 15 percent slope. The Land Study Bureau Overall Master Productivity Rating for the subject site appears to have two (2) classifications — "C" (C-55) or fair and "D" (D-267) or poor. The "C" classification suggests that the site is fair for productivity capacity for agricultural crops, while the "D" suggests poor or limited productivity capacity. The "C" classification denotes soils of the Honuaulu and Pahoehoe series, with shallow, moderately fine soil material. The color is dark brown, and the parent material is volcanic ash, with outcrops of Pahoehoe. This type of soil is well drained and very poorly suited for machine tillability. 10 The "D" classified soils are of the A'a with Honoaulu and Moaula series. This type of soil series has limited soil material, whose parent material is of A'a and volcanic ash. They are very well drained and very poorly suited for machine tillability. The State of Hawaii's Agricultural Lands of Importance to the State of Hawaii (AL ISH) maps classify this site as being either"unclassified" or "Other Agricultural Land" C. Floral and Faunal Although there were no professional surveys conducted of the floral or faunal resources of the site, the Applicants do not believe that rare or endangered floral or faunal resources are likely to be found within the subject site. Based on an Archaeological Inventory Survey ("AIS") approved by the State Historic Preservation Division ("SHPD") and the Applicants' observations, the site's former and now somewhat limited vegetation (because of the cultivation into a fruit bearing farm) was/is characterized by some trees scattered through the site, such as native ohia, jacaranda, (Jacaranda mimosifolia) kukui or candlenut, Christmas Berry (Schinus terebeinthifollius), lantana (Lantana camara), and silver or silky oak (Grevillea robusta). The understory vegetation was/is dominated by fountain grass and other introduced grasses and shrubs. None of these are on any government existing or proposed endangered or protected list. Thus, floral impacts should be minimal. The site is not known to be a habitat for any rare or endangered animal life. Given its elevation, however, it would be possible to find the Hawaiian Hawk (Fo) and the Hawaiian Owl (Pueo). Further the rural nature of the surrounding areas would make it less likely to find endangered animal life in this area. Thus, it would appear that this B&B use would not have any significant negative impact, if at all, on the floral and fauna resources in the area. D. Archaeological Resources As noted earlier, an AIS was done of the subject site. The SHPD- approved AIS "identified three sites with 14 features. The sites consist of two single feature sites (Site 50-10-19-30480 and 30481) and one 11 complex of features with 12 features (Site 30482). The identified features consist of nine modified outcrops, two mounds, one terrace, one lava tube and one wall. Functionally the features consist of agricultural (12), livestock control. (1) and temporary habitation (1)." The report went on to note that the sites in the project area "yielded information important for understanding historic ranching activity in the area and probable prehistoric, traditional Hawaiian habitation and agriculture use." As such, they were assessed as "significant solely for their information content' and that "no further work or preservation is recommended. The landowner's plans for the property will have no effect on the historic properties based on the survey findings." Please note that in the event any inadvertent discoveries are made during any land disturbance activity relating to this project, work will cease, and the Applicants will immediately notify the Planning Department and the State ❑LNR and secure their clearances before proceeding further. E. Valued Cultural Resources The recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai 0 Ka'Aina"decisions require decision-makers to consider a project's impact to native Hawaiian gathering and fishing rights. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated traditional and customary practices of this site and the impact of this project to these resources and practices. In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, gathering of marine life and coastal access is not an issue. It is not known whether the subject or immediate surrounding area was used in the recent past for the gathering of plants by native Hawaiians. Almost all of the existing vegetation on the parcel now consists of introduced plant species. Further, the Applicants have not observed any native Hawaiians on the site or adjoining properties gathering plants in recent times. Thus, it would appear unlikely that the site would serve such purpose today. The cultural impacts, if any, thus appear to be non-existent. However, in the event legitimate gathering claims are made by native Hawaiians, the Applicants intend to respect and honor such claims and provide the needed access within the site. 12 F. Volcanic and Earthquake Hazards The United States Geological Survey (USGS) classifies the area as Lava Flow Hazard Zone 4, on a scale of ascending risk 9 to 1. The populated area of Kailua-Kona also falls in this category, while the City of Hilo is classified Zone 3. There is very little that can be done to mitigate this situation and reflects an ongoing threat to all residents and businesses in these areas. The entire island of Hawaii falls within Earthquake Zone 4, according to the County Building Code. As such, certain structural requirements will be needed and taken during the building permit process to address this seismic hazard. In this situation, the Applicants have no plans to make any only residential related type of improvements. As such, compliance with these requirements should not become a significant issue. G. Other There should be little, if at all, increase to the ambient noise levels. The activities would be domestic related. Normal farm machinery or equipment noise would be louder. Besides, as the Applicants will be living on the property, guest noise will be controlled. The air quality in this area is mostly affected by emissions from natural, agricultural, and/or vehicular sources. Vehicular traffic to and from the site should not significantly increase aver the current levels. The use itself is non-noxious, and no tour buses are anticipated to frequent the subject site. The site of the structures where the requested use is to occur is situated makai of the Mamalahoa Highway. Given the existing vegetation and topography, the dwelling is not readily visible from the Highway. As such, the existing structure should create no, if any, visual impacts. Thus, the requested project should have little or no significant short- or long-term noise, air quality, or visual impacts. VII. PLANNING AND LAND USE CONSIDERATIONS A. Surrounding Land Uses The land use in this area is generally rurallagricultural in nature. 13 There are very limited, if at all, agricultural activities in this area. For the most part, the immediately surrounding lots are used and/or zoned for rural-residential and agricultural purposes. There are A-1a zoned properties less than 1,000 feet south of the subject site. The Makalei Golf Course is located in this general area, while the Puukala Homestead Subdivision with its less than '/2-acre sized lots and a four(4) 1-acre sized subdivision are situated less than a mile from the subject site. Given the existing and zoned conditions, the proposed 1-room B&B would not be incongruous with the emerging rural-agricultural pattern of this area. B. Agricultural Impacts The requested use is intended to complement and enhance the existing rural-agricultural ambiance of this area. As such, the B&B— as a form of agricultural tourism - should enhance rather than detract from the strength of the agricultural industry. As the proposed activity will occur within an area already not used for cultivation, it will not take away productive or potentially productive agricultural land. C. Economic Impacts The Applicants will be operating the B&B- Thus, no new direct employment is expected to be generated by this project. Nonetheless, the operation, albeit small, will still generate added revenue in the form of TAT and GE taxes. Then, too, the guests are expected to spend monies within the community in the form of meals and other activities. Vlll. Relationship to SMA Gbiectives and CZMP In reviewing this project against the Special Management Area (SMA) objectives, policies, and guidelines of County Planning Commission Rule No. 9 as well as the Coastal Zone Management Program (CZMP) outlined in Chapter 205A-2, HRS, the following findings are noted: A. Recreational Resources The subject site is situated more than 3 miles from the shoreline. 14 Additionally, this site does not serve as a makaa-makai access to the coastline. As such, the requested use should not have any adverse impacts to the recreational resources of the area. B. Historical Resources A SHPD-approved AIS was conducted, and the AIS concluded that the site has no archaeological significance. Thus, the likelihood of finding any archaeological features of significant on the site or parcel appears quite remote. Further, should there be any inadvertent discovery of any archaeological features in conjunction with the use and/or development of any aspect of this parcel, work will stop and appropriate clearances from the State DLNR and County Planning Department will occur before said activity is resumed within the affected area(s). C. Scenic and Open Space Resources The subject parcel is located makai of the Old Mamalahoa Highway, The dwelling is not visible with the naked eye from either the shoreline or the Highway. Accordingly, the visual impact of this project to the coastal area should be non-existent. Although the site is located on the slopes of Hualalai, it is located on the makai side of the Mamalahoa Highway. It would not have any visual impact from a public roadway and should not diminish the open space and scenic resources in this area. D. Coastal Ecosystem As no improvements are contemplated, the existing structure and associated improvements should not result in any increase in the volume of rainwater on the site. Currently, rainwater is naturally drained on site and given the ground and soil condition, rapidly dissipates into the ground. The Applicants believe that existing septic system should be adequate for the proposed B&B use, as the projected number of users of the site should not significantly increase over what was originally intended by the restrooms within the dwelling and associated structures. 15 Given the above plus the fact that the site is more than three 13) miles from the shoreline, the proposed B&B use should not generate any adverse impacts to the area's coastal ecosystem. E. Economic Uses There were signs that Hawaii's economy was turning around, until the recent COVID pandemic leading to some concerns over continued economic growth. Hawaii's short-term economic future is thus uncertain. Nonetheless, it is important to continue with projects such as this that indirectly enhances and emphasizes the island's agricultural-tourism industry. Establishments have to be creative to be able to attract visitors looking for unique experiences. This project, working within the framework of existing regulations, may thus help stabilize and/or provide some impetus to the island's economy. Although this project will not directly generate any new full- time job, its importance comes in the form of possibly helping to strengthen — by general exposure -the overall agricultural industry and its attendant educational value. F. Coastal Hazards The subject area is designated Zone "X" (areas of minimal hazard) on the Flood Insurance Rate Map. As such, there would be minimal hazards resulting from floodwaters that cannot be properly addressed during the normal review and approval of any additional improvements to the site by the County. Further, the site is more than three (3) miles from the shoreline and is not within the County's Civil Defense Tsunami Evacuation Zone. G. Managing Development While this function is more applicable to the "authority" or approving agencies, the request is intended to operate within the confines of the existing Zoning Code and Special Permit. The subject site is zoned FA-2a, and the requested use and designidevelopment parameters (parking, height, setback, etc.) are already consistent with said zoning. In that regard, this project would be consistent with the policy of "us(ing), implement(ing), and enforc(ing) existing law effectively to the 16 maximum extent possible in managing present and future coastal zone management." H. Public Participation There is a statewide public advisory body called Marine and Coastal Zone Management Advisory Group (MACZMAG) that has the task, among other matters, of advising the lead agency (office of State Plan) on coastal management issues. This includes a direct or indirect review of certain requests that may have statewide coastal zone management implications. Public participation in the review of the permitting process is also achieved through the posting of a sign on the property notifying the public of the filing of this application. Additionally, notices to surrounding property owners of the submittal of a Special Use Permit application and another separate notice informing said owners of the date of the Leeward Planning Commission's required public hearing as well as the rights to request for participation via a contested case hearing are mailed. I. Beach Protection and Marine Resources The subject property is not a coastal property. As such, it will have no impacts to these policy concerns. Based on the foregoing, it is concluded that the proposed improvements would be consistent with the objectives, policies and guidelines of the CZMP, as outlined in Chapter 205A-23, HRS, and Planning Commission Rule No. S relating to Special Management Area. Specifically: • The proposed project will not have any substantial adverse environmental or ecological effect. Any effect that may result will be minimized to the extent practicable and is clearly outweighed by public health, safety and welfare, and other compelling public interest. Further, it will not generate any adverse effects by themselves or in conjunction with other individual developments, the potential cumulative impacts of which would result in a substantial adverse environmental or ecological effect and the elimination of planning options. Appropriate mitigative measures will be taken to address any potential adverse impacts of this project; 17 ■ The proposed use - as discussed earlier- are consistent with the objectives and policies of the coastal zone management program and guidelines of the SMA Rules and Regulations; and ■ The proposed use is consistent with the County General Plan, Kona Community Development Plan, and the County Zoning Code. Although a Special Use Permit is required to effectuate this project, no amendment to any of those plans is needed. IX. JUSTIFICATIONS FOR REQUEST In determining whether the requested use is an "unusual and reasonable use" and thus should be permitted within the Agricultural District, certain guidelines are used. These guidelines and their relationship to the requested use follow. A. Relationship to Land Use Law and OWectives The subject request will not be contrary to the Land Use Law, which purpose is to preserve, protect and encourage the development of lands in the State for their best uses in the interest of the public welfare. In this situation, the subject site's soil resource is not Class A or B. It is class C (fair) and D (poor). Thus, there would not be a reduction of that premium soil type resulting from the proposed use. Additionally, as the requested use will occur in an area already established for non-cultivated uses, it will not result in the reduction and/or displacement of any on-going or future agricultural activities on the parcel. Because of the nature of the existing agricultural use on the subject site, additional interest in the agricultural industry should be generated by occupants of the B&B. B. Relationship to General Plan and Other Planning Requirements Under the digitized format, the subject site is designated Extensive Agricultural on the LUPAG map. The Extensive Agricultural land includes lands "that are not capable of producing sustained, high agricultural yields without the intensive application of modem farming methods and technologies due to certain physical constraints such as soil composition, slope, machine tillability, and climate." Based on the above, the FA-2a rezoning was approved. Further; because the proposed 1-bedroom B&B will not result in the reduction of any currently cultivated land, the requested Special Use Permit 18 would not be inconsistent with the General Plan LUPAG designation, and no amendments would be required. The requested use should not detract from the parcel's potential agricultural uses, as it is proposed in an area that is already established for non-cultivatable activities. With or without the requested use, the amount of cultivatable area should remain the same. However, the requested B&B use could add to the "flavor" and interest of a potential working farm. In that way, it would help foster the interest and growth in the coffee and related agriculture industry. In that regard, the requested uses would fulfill the General Plan's agricultural objective. The request would also not be contrary to the goals, policies, and standards of the General Plan and Kona Community Development Plan as outlined in depth in Chapter IV-B. In addition to the above, all applicable requirements of the Zoning Code andlor other permits can be complied with. Relative to the proposed 1-room B&B, it is already allowed in the County Agricultural zone, subject to it meeting with the criteria outlined in the Code. This project will adhere to all of those criteria, such as capping the number of room at one (1) and with no more than two (2) guests; having the owner and/or operator living on premise, and the like. Notwithstanding the need for a Special Permit because of the State regulations, the proposed B&B is considered a permitted use in the County Agricultural zone. The site is not within the Special Management Area (SMA). As such, a SMA Permit would not be required. It should also be noted that the Tourism Strategic Plan prepared by the Hawaii Tourism Authority in 1999 recommended that the State look into tourism market niche opportunities. Two of these—although somewhat overlapping — are Agri-Tourism and Edu-Tourism. Agri- Tourism is travel for education with an agricultural bent. Edu-Tourism is along that line with an emphasis on education and training in Hawaii's unique natural and multi-cultural environment. The applicant's overall program reflects such an effort. This is an especially important marketing component to Asian countries, particularly Japan, where there is a strong agrarian base. 19 C. Impacts to Surrounding Properties The land use in this area is generally rurallagricultural in nature. There are very limited, if at all, agricultural activities in this area. For the most part, the immediately surrounding lots are used and/or zoned for rural-residential and agricultural purposes. There are R-1a zoned properties less than 1,000 feet south of the subject site. The Makalei Golf Course is located in this general area, while the Puukala Homestead Subdivision with its less than '/z-acre sized lots and a four (4) 1-acre sized subdivision are situated less than a mile from the subject site. As such, the homes in this area are scattered and not physically proximate to the area of the proposed use. There is also extensive landscaping and/or agricultural improvements bordering and within the subject parcel. Given the existing and zoned conditions, the proposed 1-room B&B would not be incongruous with the emerging rural-agricultural pattern of this area. The proposed use is expected to occur within an existing 2-bedroom dwelling. The Applicants will also live on the property. As such, nuisance issues such as noise can be easily controlled or addressed. Relative to the B&B, the impacts would be generally no different than a typical residence in terms of noise, traffic, and related infrastructure. Further, although there may be some traffic impacts resulting from the basic project itself, normal check in and departure would occur during non-peak hours. There would also be sufficient on-site parking, eliminating the need for any off-site or roadside parking. As such, the requested use should not generate any significant traffic impacts. Thus, the traffic, visual, and noise impacts —with the mitigation noted herein - resulting from the request to surrounding properties should not be significant. D. Infrastructurat and Government Services Impacts The proposed use would not unreasonably burden public agencies to provide roads and streets, sewer, water service improvements. Potable water already services the site from a County approved private water system, and no additional water service is needed. An approved wastewater system for the project already exists_ 20 Access to the parcel is via Hooma'lie Place, a private road with at least a 24-foot wide pavement. This is more than sufficient to allow for emergency vehicles to access the site of the B&B. Fire stations are located in Keauhou and Kailua, all within 5 miles from the subject parcel. Police service is available from either Kealakekua or Honokohau. These public agencies already service this area, as there are homes in this area. As such, the project should not result in an extension of or place an unreasonable burden on these services. In sum, while there is limited public infrastructural downsides to a project of this nature. C. Suitability of the Site The Applicants' parcel and adjoining family property will continue unaffected by the proposed B&B use. It will occur in an already improved area. As such, its use will not result in the removal of any productive agricultural land. According to the Applicants, there has been no flooding or other natural disturbance in the area of the requested use. As such, there are no environmental restrictions over the use of this site for the requested use. F. Altering Character of Land The goal of the Applicants is to retain the general character and ambiance of this area. In that regard, the Applicants plan to improve the site with more ornamental and fruit trees. Further, as there will be little or no improvements required (aside from the two (2) parking stalls) associated with the requested use, the use should not result in the significant alteration of the existing character of the area. G. Unusual Conditions or Trends In this era of eco4ourism and edu-tourism, the Applicants' B&B proposal fits this marketing niche. It is an attraction that will serve both locals and visitors who want to learn and experience more of Hawaii's agricultural industry within an agricultural-rural environment. In so doing, it provides interest and more support for the island's agricultural products. The increased demand for the product translates to greater economic return for an important agricultural 21 activity. It also encourages its expansion. In so doing, lands can be put into more productive agricultural uses rather than lying fallow. This would be analogous to the wine industry. An excellent marketing program that touched upon one's health, culinary, and social taste, has fueled the growth of this industry. Similarly, a good marketing program helps to strengthen Hawai'i, and particularly Kona, as being a boutique coffee and avocado producing area and as well as ranching. Relative to the B&B, in this era of eco-tourism, this type of facility is needed. It is geared for the traveler who likes to explore independently and developing its own itinerary, usually of the typical non-resort type. It provides an alternative form of accommodations being sought by many visitors but, unlike unauthorized short term vacation rentals, with a resident manager or owner living on the site to immediately address noise and related nuisance concerns. As such, it should not be regards as a "threat" to existing resorts, but instead more complementary. If this type of facility is not developed or provided on the island, the vacation seeker may look elsewhere— not at a standard hotel — but at a similar type of B&B or vacation rental here on this island or other parts of the State or world. It should also be noted that many operators of B&B provide informational guides to their guests. These include information on dining and shopping, many of which are located in resort areas. In that way, existing major resorts— largely through their restaurants and recreational amenities— indirectly enjoy the economic benefits of the guests of the B&B. 22 A 3 _ Doi- 3D'REPRY��T6AC1C� � � � 1 j5h r� 1 ' ' 1 1 1 '1 • ' I +r 1 1 1 1 i 1 J0 AIL-lin'PS8306V?J03.3.JN3W3� ��,�� � � � 1 a�Ir �io � P �,_��� gin ts .rc Kp —sa'm 3MR Aild3dONdy2 � ��S E Hint HEN fig HR. DUE 'MR9 ' e $ a5 eBE se 11 all, w � r w q s e UIj i ! T r ! J! 7 f 1 1 I r + ! n r u � k f 4 I u i Y r 1 , � y ! I , f h N � � If wL e i 1 � I y + f � 1 1 - 1 - - 1 I i + a>r No�vsras a�urrdd,a�— iun v ss30 Hod.d.1N3w3SV 3 3HIl A1�3dDHd r z U _ a ►� 6 W LU RA I .tA I i E � S � w F rF lAYc JI1 Y.i a 1 I � _ J •tl JA t.1 1�{ I � I � I � � ® I 4 Q � k � I — — T I l i i I i I � - --- Mori, Ashley From: Fondy, Derek Sent: Wednesday, September 28, 2022 2:19 PM To: Planning Internet Mail Cc: Miura, Lisa; Hunt, Wendy Subject: Request for Comments on App. No. PL-SPP-2022-024 on TMK: (3) 7-2-004:027 Hello, This parcel is currently receiving the benefits of the homeowner classification for real property tax purposes. If the special permit application is approved allowing a one-bedroom bed and breakfast establishment within the existing dwelling and verifiable STVR activity is confirmed through online booking sites or guest reviews, the parcel/owners will lose benefits of the homeowner classification. The benefits of the homeowner classification are a 3%annual growth cap and a tax rate of$6.15 per$1,000 of assessed valuation. Mahalo, Derek Fondy Real Property Valuation Analyst-Compliance Department of Finance 74-5044 Ane Keohokalole Hwy Building D. 2nd Floor Kailua-Kona, HI 96740 Office (808) 323-4885 Fax(808) 327-3538 Email:de.rek:fondy��h�w�i%colantyegov Planning Dept. Exhibit 2 DAVID Y.IGE o F„ ELIZABETH A.CHAR,M.D. GOVERNOR OF HAWAII p �B ev a y DIRECTOR OF HEALTH „1° STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: September 29, 2022 TO: Mr. Zendo Kern Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Special Permit Application (PL-SPP-2022-000024) Applicant: Carl Carlson and Christine Carlson Request: To Allow a One-Bedroom Bed and Breakfast Establishment Within an Existing Dwelling TMK: 7-2-004:027; N. Kona, Hawaii Guidelines for Bed and Breakfast Operators Purpose The purpose of these guidelines is to provide interpretation of the Department of Health's Administrative Rules, Title 11, Chapter 50, Food Safety Code, as it pertains to Bed and Breakfast operations. Definitions "Bed and Breakfast establishment" means a single-family dwelling, including a single guest house, in which overnight accommodations and only breakfast meals are provided, and the number of guests does not exceed six(6). "Potentially hazardous food" means any food that consists, in whole or in part, of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea or other ingredients, including synthetic ingredients in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. The term does not include foods that have a pH level of four and six-tenths or below or a water activity (aw) value of eighty-five hundredths or less. Notification and Permit Requirements When required by the County Planning Department, Bed and Breakfast establishments may request documentation from the Department of Health. The Department of Health will provide Planning Dept. Exhibit 3 Zendo Kern October 4, 2022 Page 2 of 2 documentation to the Planning Department once written communication from the Bed and Breakfast operators are received regarding their food service operations. If the proposed Bed and Breakfast meal consists of commercial cereal,pastries (except custards or cream filled), breads, fruits, coffee, tea, and juice, a food establishment permit will not be required from the Department of Health at this time. This limited menu must be documented in a letter to the Department of Health. The guests shall be informed by statements contained in published advertisements, mailed brochures, and placards posted at the registration area that the food is prepared in a kitchen that is not regulated and inspected by the Department of Health. For Bed and Breakfast operations that provide meals which include potentially hazardous foods, a food establishment permit will be required to operate. County landuse approval for operating a food establishment may also be required. A kitchen used to prepare foods for individual family consumption will not be allowed to be permitted. A separate commercial kitchen will need to be constructed. If you have any questions regarding this guideline,please feel free to call the Food Safety Program at 933-0917. HAWAII FIRE DEPARTMENT . COUNTY OF HAWAII . HILO, HAWAII 96720 DATE October 3, 2022 Memorandum TO PLANNING DEPARTMENT, COUNTY OF HAWAII FROM CAPTAIN CLINTON BAYBAYAN, FIRE PREVENTION BRANCH SUBJECT: SPECIAL USE PERMIT, CARL AND CHRISTINE CARLSON, BED AND BREAKFAST 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.Baybayan(cdhawaiicountygov or call 808- 323-4761. Respectfully Submitted, Clinton Baybayan Fire Prevention Captain Fire Prevention Branch Hawaii Fire Department Planning Dept. Exhibit 4 of wnrFks lsl I9 DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAVI 345 KEKUANAO'ASTREET, SUITE 20 • HILO, HAWAI'I 96720 Op HAW y1. TELEPHONE(808)961-8050 • FAX (808) 961-8657 October 7, 2022 C11H PLANNING 1)EPT OCT 10 2022 Pm1:55 TO: Mr. Zendo Kern, Director REC54) HAN[) OELIVERED Planning Department FROM: Keith K. Okamoto, Manager-Chief Engineer SUBJECT: Special Permit Application (SPP 2022-4100024) Applicant—Carl Carlson and Christine Carlson Request—To Allow a One Bedroom Bed and Breakfast Establishment Within an Existing Dwelling Tax Map Key 7-2-004:027 We have reviewed the subject application and have the followi comments and conditions. Please be informed that the subject property is not within the service limits of the Department's existing water system facilities. 'Therefore, the Department's existing water system facilities cannot support the proposed development at this time. Extensive improvements and additions. which may include, but not he limited to source, storage, booster pumps, transmission, and distribution facilities, would be required. Should there be any questions, please contact Mr. Troy Samura of our Water Resources and Planning Branch at(808) 961-8070,extension 255. Sincerely yours, Wz/-PM Keith K. Okatnot , P.1 . Manager-Chief Engineer TS:dfg copy —Mr. Carl Carlson and Ms. Christine Carlson Planning Dept. Exhibit 5 . . . Water, Our�Wost{Precious source. . . Yfl Wai,4 X,one . . . The Department of Water Supply is an Equal Opportunity provider and employer. DEPARTMENT OF LAND AND NATURAL RESOURCES ENGINEERING DIVISION LD/Russell V. Tsuji Ref: Special Permit Application (PL-SPP-2022-000024)—Request to Allow a One- Bedroom Bed and Breakfast Establishment Within an Existing Dwelling Location: Kukio 2nd and Maniniowale,North Kona, Island of Hawaii TMK(s): (3) 7-2-004:027 Applicant: County of Hawaii on behalf of Carl and Christine Carlson 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) (bttp://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. • Hawaii Island: County of Hawaii, Department of Public Works (808)961-8327. a 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: �*r CARTY S. CHANG, CHIEF ENGINEER Date: Oct 24, 2022 Planning Dept. Exhibit 6 SI'ZA�'.NE D.CASE D W If CIIAIPPPR.SC.N DAVIDY.ICE p� .•`. 4 BOARD OF LUND ANY]NATURAL RESOURCES G •ERINOR OF HAWAII ,� 19 S 9���y-9` [riN.H15610T OL ON WATER RESOURCE MA%AGEMEXT do ROBERT K A ASI'DA { FIRST DEPLTY- OQ�i �C�� ::...°•.�. +y.-,: ; i', AL&ALEO MAUNI'EL DEPUTS•DIRECTOR-WATER AQUATIC RESOURCES BOATING AND OLEAati RECREATION 1 BUTBAV CF CONkTYANCES STATE C OF HAWAIICOMhrl84 ti ON WATER RESOURCE MANAaEMFA'L h1A W Asti C1.:SFRI ATION AND COASTAL LANDS DEPARTMENT OF LAND AND NATURAL RESOURCES CO�5ERL'ATIOe AMONS wRa SE FORCEASE T IFE DIVISION of FORESTRY AND WILDLIFE OIUF'USTRCPRESERV�ATM 1151 PUNCHBOWL STREET,ROOM 325 t uiooLAwE I51 4tiDRE5E1L�E ro?i�R55I0 uv HONOLULU,HAWAII 96813 STATE PARES October 24, 2022 MEMORANDUM Log no. 3845 TO: RUSSELL Y. TSUJI, Land Administrator Land Division FROM: LAINIE BERRY, Wildlife Program Manager Division of Forestry and Wildlife SUBJECT: Division of Forestry and Wildlife Comments for the Special Permit Application (SPA) to Allow a One-Bedroom Bed & Breakfast(B&B) Establishment within an Existing Dwelling on Hawaii Island The Department of Land and. Natural Resources, Division of Forestry and Wildlife (DOFAW) has received your request for comments for the SPA (PL-SPP-2022-000024) from the County of Hawaii on behalf of Carl and Christine Carlson for the establishment of a I-room B&B facility within an existing single-family dwelling on a 2.832-acre property Iocated in North Kona, on the island of Hawaii; TMK: (3) 7-2-004:027. The proposed project consists of conducting minor improvements to the site by planting more ornamental and fruit trees and improving the parking area to accommodate two parking stalls. The State listed Hawaiian Hoary Bat or`Ope`ape`a(Lasiurus einereus sernotus)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 I 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. The State listed Hawaiian Goose or Nene (Branca 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 al 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. 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 Planning Dept. Exhibit 7 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 https:lldlnr.hawaii.gov/wildlife/files/2016/03/DOC439.pdf. The State listed Hawaiian Hawk or`Io (Buteo sohiarius) 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. `Io nests may be present during the breeding season from March to September. The project area is within the range of the State listed Blackburn's Sphinx Moth(Mandnea blackburni) or BSM. Larvae of BSM feed on many nonnative hostplants that include tree tobacco (Nicoiiana glauca),which grows in disturbed soil. We recommend contacting the Hawaii Island Branch DOFAW office at (808) 974-4221 for further information about where BSM may be present and whether a vegetation survey should be conducted to determine the presence of plants preferred by BSM.DOFAW recommends removing plants less than one meter in height or during the dry time of the year to avoid harm to BSM. If you intend to either remove tree tobacco over one meter in height or to disturb the ground around orwithin several meters of these plants,they must be thoroughly inspected by a qualified biologist for the presence of BSM eggs and larvae. 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 referring to www.plantpono.org for guidance on the selection and evaluation of landscaping plants and for consulting the Hawaii-Pacific Weed Risk Assessment to determine the potential invasiveness of plants proposed for use in the project. 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(BIISQ at(808)93 3-3 340 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 sail and debris to minimize the risk of spreading invasive species. 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 (808}295-1123 or paui.In.radley�a7hawaii.gov. Sincerely, gd,7 LAINIE BERRY Wildlife Program Manager DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: October 28, 2022 X&NOWN&M TO: Zend❑ Kern, Planning Director FROM: Department of Public Works, Engineering Division (Y SUBJECT: SPECIAL PERMIT APPLICATION (PL-SPP-2022-000024) Applicant: Carl Carlson and Christine Carlson Request: To Allow a One-Bedroom Bed and Breakfast Establishment Within an Existing Dwelling TM K: 7-2-004.027 We have reviewed the subject request forwarded by your memo dated September 28, 2022 and provide the following: 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 flood plain. We have no other comments since the request is to use an existing dwelling fronting a privately owned road and there are no open violations associated with this property. Questions may be referred to Robyn Matsumoto at 961-8924. Planning Dept. Exhibit 8 Count-•of Ilanaii is an Equal Opporntnity Prop ider and Lruployer f F y Mitchell la.Roth _ Ramzi I. Mansuur Director Mayor Lee Lord' .. , e���:' Brenda lokepa-Moses Managing Director Deputy Director County of Hawai'x DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao`a Street,Suite 41 -Hilo,Hawaii 96720-cohdemflhawaHcounty.gov Ph: (808)961-8083 •Fax:(808)961-8086 MEMORANDUM TO: Zendo Kem, Director Planning Department r• , FROM: Ramzi 1. Mansour, Director �, ' VACt 1, N W Department of Environmental Management DATE: October 28, 2022 SUBJECT: Special Permit Application(PL-SPP-202.2-000024) Applicant: Carl Carlson and Christine Carlson Request: To Allow a One-Bedroom Bed and Breakfast Establishment Within an Existing Dwelling Tax Map Key; (3) 7-2-004:027;N. Kona, Hawai`i 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. } 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. (X) Other: "Commercial operations" includes a B&B business. Planning Dep;. Exhibit 9 County of Hawal'i is an Equal Opportunity Provider and Employer Ramzi 1. Mansour, Director October 28, 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- 25.1 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:pas 2 AMIZ SldneyFuke, Ple pining Consultant P.Q.Box 345 •Hilo,Hawaii 96720 Cell:(808)989-0640 •Nanning•Variance•Zoning Aar� •Subdivision•Land Dse Permits E mail:sidneyfukeQgmail.cam •EnvirOFIBAMM Reports October 16, 2022 Mr. Zendo Kern, Director PIanning Department COUNTY OF HAWAI'I 101 Pauahi Street Hilo, Hawai'i 96720 Dear Mr. Fern: Subject: Special Permit Application(SPP 2022-000024) Applicant—Carl and Christine Carlson Kukio,2nd and Mananiowale, North Kona,M,TMK: 7-2-004: 027 Thank you for providing me via EPIC with agency comments to date relating to the subject application. In response to those comments, we note the following: a. Fire De artment: The Department noted that access and water supply must comply with the Fire Code. The applicants do not believe any additional requirements would be needed, inasmuch as the request would amount to a continuation of the existing single- family residential use relative to driveway and water. However,if additional improvements are required,they will be appropriately addressed during, if any, subsequent permitting process. b. The Real Ironefty Tax Division of the Finance De artment noted that when the B&B becomes operational, the applicants would have to relinquish their homeowner classification for real property tax purposes. As seniors, the applicants would prefer not losing that classification. As such, should the Special Permit be approved, they will make the determination to operate or not after considering all fiscal and related implications prior to triggering the lost of that classification. Should they elect not to operate, they will so inform the Department and, if needed, request the revocation of the Special Permit. c. Relative to the Department of Water Sugplv's comments, it is true that the project is not within DWS' serviceable area. The area is serviced by a DWS' approved private water system. The amount of water required to service the single B&B within the 2-bedroom dwelling will be no different and, in fact, significantly less than a conventional 3 or 4 bedroom dwelling. Thus, it does not anticipate that additional water service will be needed. d. The State De artment of Health's food servicing operational requirement will be complied with, including, if necessary,the securing of a"food establishment permit." e. Finally, the State Office of Planning and Sustainable Development had no comments. Planning Dept. Exhibit 10 Mr. Zendo Kern, Director October 16, 2022 Page 2 We trust that we have adequately responded to these agency comments. If not or should you have further questions on this matter, please feel free to contact me. Thank you very much! Sinc4\' erely. 4V SIDNEY M. FUKE Planning Consultant cc Mr. Carl Carlson via email