Loading...
HomeMy WebLinkAbout.PD BACKGROUND REPORTKonaAeriaISPP.JMA.7.2 l .2l COUNTY OF HAWAI`I PLANNING DEPARTMENT BACKGROUND REPORT KONA AERIAL GYMNASTIC TEAM INC. SPECIAL PERMIT APPLICATION (SPP 21-000227) KONA AERIAL GYMNASTIC TEAM INC. is requesting a Special Permit to legitimize the operation of a youth gymnastic and sports fitness facility and related improvements on an approximately 2.3-acre portion of a larger 23.738-acre property in the State Land Use Agricultural District. The subject property is located at 75-476 Hualalai Road, approximately 700 feet east of its intersection with Queen Ka`ahumanu Highway, Wai`aha 1st, Puapua`anui 15`, North Kona, Hawaii, TMK: (3) 7-5-017:044 (por). APPLICANTS' REQUEST 1. Request: The applicant is requesting a Special Permit to resolve zoning code violations and to convert an existing agricultural warehouse into a youth gymnastic and sports fitness facility on an approximately 2.3-acre portion of 23.738 acres of land situated within the SLU Agricultural District. According to the applicant, the proposed development will consist of the following improvements: ■ Conversion of the existing 12,600 square -foot warehouse structure for the proposed operation of a gymnastics and sports fitness facility. The applicant will obtain all necessary permits to legitimize the proposed use. ■ Construction of 38 gravel surfaced parking stalls, including 2 ADA accessible stalls (1 van accessible). ADA stalls will be properly sloped and compacted to provide a firm, slip -free surface, with paving if required. ■ Access to the site will be provided by the existing 12 to 15-foot wide, 1,000-foot long gravel driveway. The gravel drive is in the process of being upgraded and aligned within the permanent future roadway corridor. Secondary, emergency access will be provided by a partially paved, approximately 10-foot wide and 1,800-foot long access drive (mauka-makai). ■ Current and proposed operators are as follows: Gymnastics classes are conducted by Kona Aerial Gymnastic Team, Inc., while the sports fitness facility is operated by Nakuwauna Foundation. 2. Reason for Request: Use of the existing agricultural warehouse structure for gymnastics classes and fitness training is currently ongoing. The applicant previously operated at 74- 550 Honokohau Street but moved from that facility due to zoning issues. The size of the warehouse is ideal and necessary for the proposed use as a youth gymnastics and sports fitness facility, which requires at least 5,000-square feet of unobstructed clear space and a minimum ceiling height of 21 feet. Kona Aerial Gymnastics Inc. is a non-profit organization that has served West Hawaii athletes since 1989. According to the applicant, it is the only gymnastics training facility in Kailua-Kona. Their programs offer youth with the opportunity to investigate, experiment and grow through participation in an array of activities designed to advance physical and emotional skills. The gymnastics and sports fitness programs offered emphasize building time -management skills, leadership skills, self-confidence, teamwork and physical coordination. The proposed use would provide a space for athletes to train for national -level teams and seek college scholarship opportunities. In addition to youth classes, senior fitness and adult gymnastics are offered. Recently, Kona Aerials has partnered with Nakuwauna Foundation to expand the offerings at the site to include adult fitness, strength and conditioning facilities. Nakuwauna Foundation is proposing to share the existing structure with Kona Aerials with a partition to separate the two spaces. 3. Staff/Students: The youth gymnastics facility has approximately 200 participants in 20 different classes per month. The maximum class size is proposed to be 40 participants. The sports fitness facility has approximately 70 users per day, with no more than 17 simultaneous users. Kona Aerial Gymnastics currently has 1 full-time and 6 part-time employees. Nakuwauna Foundation is currently run by volunteers but anticipates hiring 2- 3 employees. 4. Hours of Operation: The youth gymnastics facility will operate Monday through Friday, 2:OOPM to 7:30PM, and Saturday, 8:OOAM to 3:OOPM. The sports fitness facility will operate Monday through Friday, 6:OOAM to 9:OOPM, and Saturday, 10:00AM to 5:OOPM. Summer programs will operate during school summer breaks (May through August) with gymnastics classes held Monday/Wednesday/Friday, 7:30AM to 3:30PM, and Tuesday Thursday, 3:OOPM to 7:OOPM. 5. Supportive Information: The applicant has submitted the attached in support of the request: (Planning Department Exhibit 1— Special Permit Application dated May 7, 2021, and Planning Department Exhibit 2 - Addendum to Special Permit Application received May 26, 2021). 6. Landowner: Daniel B. Bolton and Janet T. Bolton BACKGROUND INFORMATION 7. March 1, 2016: A special permit application is submitted to the Planning Department by Bolton Inc. to allow for a baseyard staging yard for equipment, storage of materials, stockpiling and crushing of natural materials for commercial use, and a security dwelling. This application intends to resolve a complaint alleging the unpermitted operation of a quarry and equipment baseyard, which resulted in a warning letter issued by the Planning Department on February 19, 2016. On May 12, 2016, a Petition for Standing in a Contested Case Hearing is received by the Planning Department. On September 28, 2016 the applicant, Bolton Inc., submitted a request to withdraw the special permit application. 8. July 3, 2019: Building Permit No. BK2019-01023 is issued for the subject property, for a new agricultural warehouse with no electrical and no plumbing. At the time of this writing, the required series of building inspections have not been completed. 9. November 27, 2020: An NOV is issued to the landowners, Daniel B. Bolton and Janet T. Bolton, following a complaint regarding processing of aggregate material on agricultural land. During the investigation of the complaint, it was discovered that Kona Aerial Gymnastics was operating day and evening gymnastics classes in an agricultural warehouse structure that had not obtained final building inspection. The NOV requested that Kona Aerial Gymnastics cease and desist operation of the unpermitted use and or relocate Kona Aerial Gymnastics to a district where it is listed as a permitted use. (Planning Department Exhibit 3 — Notice of Violation and Order dated November 27, 2020) 10. January 12, 2021: Kona Aerial Gymnastic Team Inc. submits a Special Permit Application to legitimize the operation of a youth gymnastics and sports facility on the subject property. 11. February 12, 2021: Following a site inspection on January 22, 2021, a second NOV was issued to the landowners, requesting that Kona Aerial Gymnastics comply with the -3- previous NOV and assessing a civil fine of $6,000. Additionally, during the inspection, Planning Department inspectors observed another non -agriculture commercial enterprise "The WAHI Gym" had been established within the remaining portion of the afore- mentioned agricultural warehouse structure, adjacent to the portion occupied by Kona Aerial Gymnastics. (Planning Department Exhibit 4 — Notice of Violation and Order dated February 12, 2021) 12. March 16, 2021: Kona Aerial Gymnastic Team Inc. submits a request to the Planning Department to withdraw the Special Permit application in order to make revisions. 13. March 31, 2021: Nakuwauna Foundation pays the civil fine of $6,000. 14. May 7, 2021: Kona Aerial Gymnastic Team Inc. submits a revised special permit application, to legitimize the operation of a youth gymnastic and sports fitness facility. STATE AND COUNTY PLANS 15. State Land Use (SLU) District: Agricultural District 16. County Zoning: A-1 a; Agricultural 1-acre 17. General Plan (LUPAG) Map Designation: Urban Expansion (ue) which allows for a mix of high density, medium density, low density, industrial, industrial -commercial and or open designation in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. 18. Kona Community Development Plan (KCDP): The KCDP was adopted by Ordinance No. 08-131, which became effective on September 25, 2008. The subject property is located within the Kona Urban Area and within the Pua`a-Wai'aha Village Transit Oriented Development Area. 19. Special Management Area (SMA): The subject property is located approximately one (1) mile from the nearest coastline and is not within the Special Management Area. DESCRIPTION OF PROPERTY AND SURROUNDING AREAS 20. Project Site: The subject parcel is 23.738-acres in size and is irregular in shape. The vegetation on property is primarily guinea grass, haole koa, opiuma, and kukui. A portion of the property has been cleared and developed with a 12,600-square foot agricultural warehouse and a 480-square foot frame utility shed. The agricultural warehouse was constructed under Building Permit No. BK2019-01023. Additionally, there are two existing catchment tanks located just west (makai) of the existing warehouse structure. At the time of this writing, the required series of building inspections have not been completed for these existing structures. Additionally, other portions of the property have been cleared for construction of a flood control structure and aggregate stockpiling. The property is adjacent to Hualalai Road along its north and south boundaries. The perennial Wai'aha Stream runs through the property from NE to SW. 21. Surrounding Zoning/Land Uses: Immediately adjacent properties to the north and east, of the property are similarly zoned A -la. Adjacent properties to the south and west of the subject parcel are within the A-5a and RS-10 zoning district. Surrounding properties are mainly vacant of structures and uses apart from two existing Special Pen -nits on adjacent properties. Special Permit No. 1047 was issued on February 4, 2000 for the property to the west of the subject parcel, TMK 7-5-017:031, to allow the establislunent of a coffee visitor center. In addition, Special Permit No. 2017-000195 was issued for the property to the southwest of the subject parcel, TMK 7-5-017:040, to allow the construction of Living Stones Church. There are several residential subdivisions in the area, including Pualani Estates to the south, Hualalai Colony to the north across Hualalai Road, and Kona Hillcrest Subdivision across Queen Ka`ahumanu Highway from the subject property. These subdivisions are over 500 feet from the subject property. 22. U.S.D.A. Soil Type: Punalu`u extremely rocky peat, 6 to 20 percent slopes (rPYD). 23. Land Study Bureau Soil Rating: Soils within the project site are classified as "D" or "Poor" for agricultural productivity. 24. ALISH: Unclassified. 25. Flood Zone: Portions of the property, including the existing warehouse structure, are located within Zone X, an area determined by FEMA to be outside the 500-year flood plain. Other areas of the property are located within areas designated by FEMA as Flood Zone AE, defined as a Special Flood Hazard Area that can be inundated by a 100-year flood (1 ° o chance of occurring within the Zone X area). According to the Department of Public Works, Engineering Division, the 60-foot wide roadway corridor that provides one of the access routes to this facility does cross through Flood Zone AE. Any work in Zone AE like the placement of gravel for maintenance would require either a "No -Rise Certification" or a Letter of Map Revision from FEMA, no matter the volume of material being moved. 5- 26. Flora/Faunal Resources: No formal flora/fauna study was submitted with the application for the subject project. According to the applicant, the subject property has been used for equipment and aggregate stockpiling by the landowner for many years, and no floral or faunal resources are expected to be impacted by the proposed use. Vegetation on the property is primarily guinea grass, haole koa, opiuma trees and kukui, all common species that are not threatened or endangered. There are introduced bird species such as dove, Japanese white -eye, house finch, saffron finch, house sparrow, and myna, in addition to domesticated feral animals such as cats, dogs, pigs and rats. The extent of surrounding development makes it unlikely to find endangered animals on the subject property. It may be possible to find the Hawaiian Hawk (`Io), Hawaiian Owl (Pueo), Hawaiian Goose (Nerve) and the Hawaiian Hoary Bat on the subject property. However, no impacts are expected since the applicant anticipates no additional land clearing for the proposed use. 27. Archaeological/Cultural/ Historical Resources: Since the subject property is not adjacent or proximate to the shoreline, fishing and/or coastal access will not be impacted by the proposed use. According to the applicant, there is no evidence of use of the subject property for gathering of plants by native Hawaiians. According to the State Historic Preservation Division (SHPD), it is unlikely that historic properties remain intact within the currently proposed project area as it has been impacted by previous ground -disturbing activities associated with the development of the existing warehouse structure and the existing gravel access roads. Additionally, SHPD has issued a letter dated July 6, 2021, determining that no historic properties with be affected for the current project. 28. Public Access: There is no public coastal or mountain access through this private property. 29. Traffic: According to the applicant, the proposed use would generate a modest increase in traffic to the subject property. The applicant is proposing strategies to reduce the impact of increased traffic, including limiting gymnastics class sizes to 40 participants and fitness class sizes to 10 participants. Additionally, the applicant anticipates that traffic impacts will be mitigated by encouraging participants to carpool and by scheduling classes outside of morning or afternoon commute times. The maximum number of users of the facility is anticipated to be between 110 and 166 per day. Approximately 17 peak AM trips are anticipated for fitness classes and individual use combined. During the school year, no AM trips for gymnastics users are anticipated. During summer break, gymnastics classes would contribute an estimated 20-30 peak AM trips, assuming at least half of the participants share rides for pick-ups and drop-offs. PM peak trips anticipated for competitive team gymnastics classes would also be 20-30 with the same amount of carpooling. Recreational classes would contribute less to peak PM trips due to the smaller class size. Fitness classes are scheduled at 5 PM, Monday through Friday, and the applicant anticipates them to contribute 17 peak PNI trips. PUBLIC SERVICES AND FACILITIES 30. Access: The subject parcel is accessed via Hualalai Road, approximately 700 feet east of its intersection with Queen Ka`ahumanu Highway. Hualalai Road is owned by the county and maintained with an average pavement width of 20 feet. Access within the property is by an existing 12 to 15-foot wide, 1,000-foot long gravel drive. Based on the existing conditions of Hualalai Road, the applicant has stated they anticipate no improvements would be required for the proposed use. A secondary access, proposed for emergency use only, with a paved section approximately 360 feet in length, exists along the southern boundary of the subject parcel. The Department of Public Works will require a "No -Rise Certification" or a Letter of Map Revision from FEMA for maintenance or improvement of the gravel access drive. 31. Water: According to the Department of Water Supply (DWS), water can be made available from an existing 8-inch waterline within Hualalai Road. There are currently four (4) units of water assigned to the subject parcel. DWS has requested that the applicant submit estimated daily water usage calculations for the proposed uses, in order to determine the appropriate service lateral and meter size required. DWS has additionally informed the applicant that the existing 8-inch waterline within Hualalai Road is inadequate to provide the required 2,000 gallons per minute flow for fire protection. According to the applicant water is also collected from roof runoff which is stored in two existing catchment tanks and used only for irrigation purposes. Additionally, a new fire hydrant has been installed approximately 75 feet from the facility within an existing 50-foot wide access and utility easement corridor. 32. Wastewater: Public sewer is not available to the site, therefore a Department of Health (DOH) approved wastewater system will be designed and constructed for the proposed project once wastewater generation calculations are provided to DOH. There is an existing unpermitted septic system on the property next to the agricultural building. 33. Other Essential Utilities and Services: HELCO power is not yet available to the subject parcel. The applicant intends to provide power to the facility through the installation and use of a solar photovoltaic system. An onsite generator is providing power for lighting in the interim. Telephone service is currently available to the project site. The Kealakehe Police Station is located less than three (3) miles north of the project site. There are three (3) fire stations within five (5) miles from the site including Kailua-Kona, Kealakehe, and Pu`uola. The Kona Community Hospital is located in Kealakekua. AGENCY COMMENTS 34. Department of Environmental Nlanagement: (Planning Department Exhibit 5 — June 21, 2021 Memo) 35. Hawaii Fire Department: (Planning Department Exhibit 6 — June 22, 2021 Letter) 36. Department of Water Supply: (Planning Department Exhibit 7 — June 17, 2021 Letter) 37. Department of Public Works — Traffic Division: (Planning Department Exhibit 8 — June 29, 2021, 2021 Memo) 38. Department of Health: (Planning Department Exhibit 9 — June 29, 2021 Memo) 39. State Office of Planning: (Planning Department Exhibit 10 — June 28, 2021 Letter) 40. Department of Public Works — Engineering Division: (Planning Department Exhibit 11— July 6, 2021 Memo) 41. State of Hawaii Department of Land and Natural Resources — State Historic Preservation Division: (Planning Department Exhibit 12 — July 6, 2021 Letter) AGENCIES — NO COMMENTS/CONCERNS 42. Police Department. APPLICANTS RESPONSE TO COMMENTS 43. The applicant submitted two letters in response to comments received from agencies (Planning Department Exhibit 13 — August 13, 2021 Letter and August 16, 2021 Letter) -8- AGENCIES — NO RESPONSE 44. Department of Public Works — Building Division; Real Property Tax Office; State Land Use Commission (LUC). PUBLIC COMMENTS 45. Public testimony from Chris Fullien and Pat Fullien in opposition to the proposed special permit application (Planning Department Exhibit 14 — April 21, 2021 Letter) -9- LA N D" O PLANNING HAWAII Ll C 194 Wiwoole St. Hilo, HI 96720 (808) 333-3393 infwa Iandplanninghawaii.coin May 7, 2021 GHN PLANNING DEPT Mr. Jeffrey Darrow, Deputy Director MAY 7 2021 FM12.27 Planning Department REG'D HAND DELIVERED COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Darrow: Subject: Special Permit Application Applicant: Kona Aerial Gymnastic Team Inc. Kailua-Kona, North Kona, Hawaii, TMK: (3) 7-5-017: 044 Transmitted here within for your review and processing is a special permit application for the above referenced applicant for the operation of a youth gymnastics and sports facility on a 2.3- acre portion of the above referenced parcel. The subject property is located off Hualalai Road, approximately 700 feet east from its intersection with Queen Ka'ahumanu Highway. The applicant and landowner wish to resolve any zoning code violations by requesting a special permit to operate the gymnastics and sports fitness facility in the converted agricultural warehouse. I he transmittal includes a) the original and twenty (20) sets of the application form and background/environmental report, which includes the location and proposed site plan; b) a processing fee of $500; c) a full-size (2`x3`) scale -drawn copy of the proposed site plan; d) a list of surrounding property owners within five hundred (500) feet of the subject parcel; e) a certificate of tax clearance from the Hawaii County Real Property Tax Office and; f) a letter of authorization allowing my office to file the application on the property owner's behalf. We trust that everything is in order for your acceptance and processing of this application. If not or if there are questions relating to this matter, please feel free to direct them to me. "Thank you very much. Sincerely, JOHN PIPAN Project Administrator Enclosures Copy --- Daniel B. Bolton and Janet T. Bolton Manning Dept. X h bit 4415$0 SPECIAL PERMIT APPLICATION COUNTI' OF HAWAII PLANNING DEPARTMENT (T} pe or Print tk requested information) APPLICANT Kona Aerial APPLICANTS SIGNA ADDRESS: LIST APPLICANT'S INTEREST IF NOT OWNER- Tenant TELEPHONE. (Bus) 808-870-7218 (Home) (Fax) COH PLANNING DEFT MAY 7 2021 PM 12:27 DATE: 1 I SI Z-0e REQUEST. To obtain a Special Permit for the operation of a youth gymnastic and sports fitness facility TAX MAP KEY: (3) 7-5-017: 044 ZONING: A-1 a AREA OF PROPERTY/AREA OF REQUESTED USE 23.738 acres / 2.3 acres LANDOWNER Daniel B. Bolton & Janet T. Bolton LANDOWNER'S SIGNATURE: DATE: (May be by letter) LANDOWNERS ADDRESS: PO Box 898, Kailua-Kona, HI 96745 ADDRESS: 194 Vlflwoole St, Hilo, HI 96720 TELEPHONE (Bus.)808-333-3393 (Home) (Fax) Please indicate to uiiom original correspondence and copies should be sent to: ORIGINAL Agent COPIES: Applicant 141580 i ; 196 SPEC IAL PERNIIT APPLICATION COUNT) OF HA11'AI1 PL. 1NNINC D['P kRTNIENT (`IN pc or Print the requested turorimmom APPLI T Kona AOriAf- ~�t� : T +.Inc. APPLICANT'S SIGN ITURE A DATE: ADDRE'ZS• � LIST APPLICANT'S INTEREST IF NOT OWNER: Tenant TELEPHONE: (Bus) 808-870-7218 (Home) (Fax) COH PLANNING DEPT MAY 7 2021 PH12:27 REQUEST. To obtain a Special Permit for the operation of a youth gymnastic and sports fitness facility TAX MAP KEY: (3) 7-5-017: 044 ZONING: A-1 a AREA OF PROPERTY/AREA OF REQUESTED USE 23.738 acres / 2.3 acres LANDOWNER: Daniel B. Bolton & Janet T. Bogon LANDOWNER'S SIGNATURE TE: 01- DS' ZoZ/ (Mai L4 b� leucr) LANDOWNER'S ADDRESS: PO BOX 898, Kailua-Kona, HI 96745 ADDRESS: 194 Wiwoole St, Hilo, HI 96720 TELEPHONE: (Bus) 808-333-3393 (Home) Fax) Please indicate to %% hom original correspondence and copies should be sent to. ORIGINAL Agent COPIES: Applicant TO WHOM IT MAY CONCERN: As landowner and/or applicant of parcel identified by TMK: (3) 7-5-017: 044, 1 hereby consent and authorize Land Planning Hawaii LLC to file and process a Special Permit Application on my behalf. Daniel B. Bolton, Landowner (DATE) Janet T. Bolton, Landowner (DATE) BY: Kona Aerial Gymnastic Team Inc. (Applicant) u koz I ign (DATE) UN PFo-% V'-A Print TO WHOM IT MAY CONCERN: As landowner and/or applicant of parcel identified by TMK: (3) 7-5-017: 044, 1 hereby consent and authorize Land Planning Hawaii LLC to file and process a Special Permit Application on my behalf. /� fll- DS�ZaZ/ Daniel B. Bolton, Landowner (DATE) Jan 4T. Bolton, Landowner (DATE) BY: Kona Aerial Gymnastic Team Inc. (Applicant) Sign Print (DATE) -*%411'CHIsLL D R0111 MAYOR DEANNA S. SAKO FINANCE DIRECI'OR STEVEN A. HUNT DEPUTY D1RICrOR COUNTY OF HAWAII Department of Finance - Real Property Tax Aupuru Center, 101 Pauahl Street, Suite 41 Hilo Hawai'I 96720-4224 1 Fax (808)9614224 Appraisers (808)961-8354 1 Clerical (808)961-8201 1 Collections (808)961-8282 West Flawal'I Civic Center 1 74-5044 Ane Keohokalolc Hwy I Bldg D 2nd Floor I Kailua Kona, Hawai'i 96740 Fax (808)327-3538 1 Appraisers (808) 32348811 Clerical (808)3234880 REAL PROPERTY TAX CLEARANCE Date: Friday, May 07, 2021 TMK: (3)7-5-017-044-0000 Bolton,Daniel B et al This is to certify that the real property taxes due to the County of Hawai'i on the parcel listed above have been paid for the tax year up to and including June 30, 2021. The County's real property taxes are levied on July 1 st each year. The taxes become a lien on the property assessed as of the levy date. This clearance was requested on behalf of Bolton,Daniel B et al and is issued for this parcel only. by Shanayd Silva, Tax Clerk Paid up to and including June 30, 2021. TAX CLEARANCE FOR PLANNING DEPARTMENT REV(2/2018) Hawai'i County is an Equal Opportunity Provider and Employer T8325HIHAW OOH PLANKING (KEPT MAY 7 2021 PM12:30 COUNTY BACKGROUND & ENVIRONMENTAL REPORT COUNTY SPECIAL PERMIT REQUEST KONA AERIAL GYMNASTICS WAIAHA 1ST- PUAPUAANUI 1ST, KAILUA-KONA, HAWAII TMK: (3) 7-5-017: 044 Table of Contents I. INTRODUCTION...............................................................................................................3 11. PROJECT DESCRIPTION................................................................................................5 3A. Project Concept and Components............................................................................5 3B. Subject Property Description....................................................................................11 3C. Institutional Considerations.....................................................................................11 3D. Surrounding Zoning and Land Uses.........................................................................14 3E. Flood Insurance Rate Map.......................................................................................14 3F. Archaeological Resources.......................................................................................14 3G. Floral and Faunal Resources..................................................................................17 3H. Valued Cultural Resources......................................................................................17 31. Public Access...........................................................................................................18 3J. Description of Access..............................................................................................18 3K. Traffic Impacts..........................................................................................................18 3L. Availability of Utilities...............................................................................................19 III. REGULATORY ANALYSIS.........................................................................................21 4A. Coastal Zone Management......................................................................................21 4B. Impacts to Surrounding Properties...........................................................................21 4C. Impacts to Public Agencies......................................................................................21 4D. Unusual Conditions..................................................................................................22 4E. Land Suitability for Permitted Uses.........................................................................22 4F. Land Character and Present Use............................................................................22 4G. Relationship to General Plan...................................................................................23 4H. Unusual and Reasonable Use.................................................................................23 Figures 1. Location Map...................................................................................................4 2. Conceptual Site Plan.........................................................................................6 3. Facility Floor Plan Interior Layout.........................................................................9 4. Building Elevations..........................................................................................10 5. Kona CDP Transportation Network Map...............................................................15 6. Flood Zone FIRM Map......................................................................................16 7. Fire Hydrant Plan and Profile.............................................................................20 Exhibits A. Stockpiling, Grubbing and Grading Permit B. Notice of Violation C. SHPD "No Effect' letter 2 INTRODUCTION Kona Aerials Gymnastic Team Inc., a Hawaii Nonprofit Corporation ("applicant") is respectfully requesting a Special Permit for the operation of a youth gymnastic and sports fitness facility on a 2.3-acre portion of TMK (3) 7-5-017:044, owned by Daniel B. Bolton and Janet T. Bolton. The subject property is located off Hualalai Road, approximately 700 ft east from its intersection with Queen Ka'ahumanu Highway (Figure 1). The subject parcel consists of 23.738 acres of land zoned Agricultural 1-acre (A-1 a) that has been largely cleared. Kona Aerials Gymnastics Inc. is a non-profit organization that has served West Hawaii athletes since 1989 and is the only gymnastics training facility in Kailua-Kona. Their programs offer youth with the opportunity to investigate, experiment, and grow through participation in an array of activities designed to advance physical and emotional skills. The gymnastics and sports fitness programs offered emphasize building time -management skills, leadership skills, self-confidence, teamwork, and physical coordination. With about 1,500 participants a year from ages 2 and above, Kona Aerials hosts approximately 200 participants in 20 different classes per month with class sizes that are consistently growing. Participants build community awareness through participation in community parades, events, and demonstrations. Their competitive teams have competed nationally, and the proposed use would provide a space for athletes to train for national -level teams and seek college scholarship opportunities. In addition to youth classes, senior fitness and adult gymnastics classes are offered to promote a consistent, active lifestyle for all ages. Recently, Kona Aerials has partnered with Nakuwauna Foundation, also a Hawaii Nonprofit Corporation to expand the offerings at the site to include adult fitness, strength, and conditioning facilities. Nakuwauna Foundation is proposing to share the existing structure with Kona Aerials with a partition to separate the two uses. According to Hawaii County Zoning Code the use would be classified as an "amusement and recreation facility, indoor." This use is not permitted in agricultural districts, however HCC Section 25-5-72 (c) (16) allows for uses which meet the criteria for a Special Permit under Chapter 205, Hawai'i Revised Statutes. Evaluation of the proposed project with respect to HRS Chapter 205, is included in Section III of this report. Approval of this request would be in line with the demand and need for accessible recreational 3 Ic t 0 w 2(r 8 1 " O M e� 1� nl � Q ,e Jill 'n 1 * Irtp;l ` o n e �ji © a f a Q NwY. i.t• "' �NI, a f -1' . AMU JCAAOU Rill -4 QUEEN i " � P � c�1 P Subjeict a Property ,, r 2P z `HKuAKIMI Alf v �. � �-'✓t t I P i I j :sir® I 11 3 .i � � :. 1�Ar:Ms- .� n.• np W rl Winjz os .. �, zg '-S+y`-8i _ .�'��,''� � SfLZ sry •Fyp Figure 1 spaces for West Hawaii's community as highlighted in the Kona Community Development Plan. II. PROJECT DESCRIPTION As noted above, the subject property is located off Hualalai Road, approximately 700-feet east from its intersection with Queen Ka'ahumanu Highway. The subject parcel is identified by TMK: (3) 7-5-017:044 and consists of 23.738 acres of land zoned Agricultural 1-acre (A-1a). The parcel is comprised of primarily invasive grasses, haole koa scrub, and lava rock. Portions of the parcel have been cleared for the construction of a flood control structure and aggregate stockpiling under permit (Exhibit A) A building permit (BK2019-01023) was issued on 7/3/2019 for a 12,600 square -foot agricultural warehouse. The warehouse was constructed in 2019 and is used by the applicant as its gymnasium and sports fitness facility. A Notice of Violation was issued for the operation on November 27, 2020 (Exhibit B). Preparation of this Special Permit application was underway at that time and it is requested that if the special permit be approved it will resolve the violation, but fines will still be paid. The applicant and landowner wish to resolve any zoning code violations by requesting a special permit to operate the gymnastics and sports fitness facility in the converted agricultural warehouse. If approved, a change of use permit will be sought and improvements can be made, if necessary, to meet occupancy requirements. 3A. Project Concept and Components The applicant is respectfully requesting a special permit to operate their gymnastics and sports fitness facility on a 2.3-acre portion of the subject parcel (Figure 2). The applicant requests the following elements to be allowed as part of the Special Permit: 1. The applicant requests to use the existing permitted Agricultural Warehouse structure for the operation of the gymnastics and sports fitness facility. Any necessary additions or alterations to permit the change of use will be made. 2. Parking: 38 gravel surfaced parking stalls are planned, 2 are proposed to be ADA accessible (1 Van accessible). ADA stalls w7 cocoi 3. will be properly sloped and compacted to provide a firm slip free surface. Paving will be installed if required. 4. Access to the site will be provided by the existing 12 to 15-foot wide 1,000-foot long gravel driveway. The gravel drive is in the process of being upgraded and aligned within the permanent future roadway corridor. Secondary, emergency access will be provided by the paved, approximately 10-foot wide and 1,800- foot long access drive (mauka-makai). 5. Proposed operating hours are: Gymnastics Monday through Friday - 2:00 PM to 7:30 PM Saturday - 8:00 AM to 3:00 PM Sports Fitness Monday through Friday — 6:00 AM to 9:00 PM Saturday — 10:00 AM — 5:00 PM 6. Summer programs will operate during school summer breaks (May through August) with gymnastics classes held: Mon/Wed/Fri - 7:30 AM to 3:30 PM Tue/Thurs — 3:00 PM to 7:00 PM 7. The gymnastics programs reach out to approximately 1,500 children a year with an average of 150 participants in 20 different classes per month. The maximum class size is proposed to be 40 participants. The sports fitness facility will have approximately 70 users per day, and typically no more than 17 simultaneous users. 8. Kona Aerials currently has 1 full-time and 6-part time employees who have years of competitive gymnastic and coaching experience. Nakuwauna Foundation is currently volunteer run but eventually anticipates 2 — 3 employees. 9. The applicants offer both recreational classes and competitive gymnastic team workouts. On Tuesday, Thursdays, and Saturdays, eight (8) age group specific recreational classes are held with approximately 8-12 students per class. 7 On Monday, Wednesdays, Fridays, and Saturdays, competitive workouts are held with approximately 30-35 participating athletes (max 40). However, due to current social distancing guidelines, competitive workouts have been limited to small groups to maintain space among athletes in the facility. Fitness classes are held for a maximum of ten participants. Monday — Friday fitness classes are held at 8 AM and 5 PM. Saturday fitness class is held at 10 AM. Mon Tue Wed Thu Fri Sat Sun Total Team 40 40 40 40 X 160 Rec 96 96 96 X 288 Fitness 70 70 70 70 70 70 X 350 Total 110 1661 1101 166 110 136 X 798 Table 1. Total anticipated maximum daily and weekly users Use of the warehouse for gymnastics classes and fitness training is currently ongoing and the applicant is requesting the Special Permit to remedy potential zoning violations. The applicant previously operated at 74-550 Honokohau Street but had to move from that facility due to zoning issues and now another user at that site makes use of the entire facility. The size of the warehouse at over 12,000 square -feet is ideal and necessary for this proposed use as at least 5,000 square -feet of unobstructed clear space and a ceiling height of at least 21 feet is required for a youth gymnastics program with a competitive team. The size of the facility is fundamental in safety considerations for the sport. The safest environment for the participants will be created by following size requirements and standards of equipment placement set up by the United States Gymnastics Federation. The open floor plan, high ceilings and excellent ventilation are also ideal for a fitness facility. A diagram of the facility interior layout is provided (Figure 3). Elevation drawings are also provided (Figure 4). ZK o > > 02 x C m ray M Z UD C) 7 Z z Scale: 1 " = 18' Figure 3 € -------------- m m _ m < < _- m D D = < O O o p l Cl) =_— — a m D _ N O P t2z 7— } A F F s TI C N A C� , PIPER DESIGNS Kk' S A MEW AG STORAM WAF04OUSE FM ..+�.,��!\c,..� y YYS DANIEL B. BUL70N qKAIWA KONA, HAWAII T.M.K. (3) 7-5-017.044 /%� \\�_ 91 nr,..... r PD f N'n� - - l`'A— 313. Subject Property Description As mentioned earlier, the subject property is located off Hualalai Road, approximately 700-feet east of its intersection with Queen Ka`ahumanu Highway in Kailua-Kona. The subject parcel can be identified by TMK: (3) 7-5-017:044 and consists of 23.738 acres of land zoned Agricultural 1-acre (a-1 a). The vegetation on the parcel is primarily guinea grass (Megathyrsus maximus), haole koa (Leucaena leucocephala), opiuma (Piphecellobioum dulce) and kukui (Aleurites moluccanus). Portions of the parcel have been cleared for utility storage (480 sq-ft frame utility shed) and aggregate stockpiling by the property owner. There is a 1,000-foot-long gravel access road that connects from Hualalai Rd to the project site. The road is approximately 12 to 15 feet wide. The applicant and landowner intend to pave the driveway in the future, though the estimated date of completion is not currently known. 3C. Institutional Considerations State Land Use The subject site is designated State Land Use Agriculture. Based on the size of the project area no State Land Use Commission action is required. The County of Hawaii can process the special permit request. Special Management Area The subject property is approximately 1 mile from the coast and outside of the SMA. County Zoning and General Plan The County zoning of the subject site is Agriculture 1-acre (A-1a). The County General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the subject parcel as Urban Expansion. In the Hawaii County General Plan, the Urban Expansion designation allows for a mix of high, medium, and low density, industrial, industrial -commercial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. Relative to this designation, the General Plan allows consideration for a "Special Permit" on agricultural land where the requested use meets certain criteria as 11 outlined in Section 4 of the Permit Application and Chapter 205 of the Hawaii Revised Statutes as amended. Further, the proposed project is aligned with its urban expansion designation due to the nature of the proposed use. General Plan Discussion The Hawaii County General Plan serves as a guide for decision - makers in land use matters. The proposed project is conducive to the General Plan's guidelines as it conforms to the following goals, policies, and standards of the General Plan: 2.2 Goals (a) Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. (b) Economic development and improvement shall be in balance with the physical, social, and cultural environments of the island of Hawaii. 2.3 Policies (x) Encourage the health wellness industry. 12.2 Goals (a) Provide a wide variety of recreational opportunities for the residents and visitors of the County. (b) Maintain the natural beauty of recreation areas. (c) Provide a diversity of environments for active and passive pursuits. 12.3 Policies (c) Recreational facilities shall reflect the natural, historic, and cultural character of the area. (g) Facilities for compatible multiple uses shall be provided. (h) Provide facilities and a broad recreational program for all age groups, with special considerations for the handicapped, the elderly, and young children. (i) Coordinate recreational programs and facilities with governmental and private agencies and organizations. Innovative ideas for improving recreational facilities and opportunities shall be considered. 14.1.3 Policies 12 (fl Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. Approval of the requested Special Permit would be in line with the aforementioned economic, recreation, and land use goals and policies of the General Plan through the operation and establishment of a gymnastics and sports fitness facility that supports and provides healthy and active pursuits for the West Hawaii community. Kona Community Development Plan The Kona Community Development Plan (KCDP) attempts to further define the General Plan and serves as a guide for decision -makers. The subject parcel is situated within the Kona urban area and in the Pua'a-Wa'iaha Village The proposed change of zone request is conducive to the following goals, objectives, and policies outlined in the KCDP: Policy LU-1.2: Urban Area. The majority of future growth in Kona shall be directed to the Kona Urban Area shown on the Official Kona Land Use Map, which spans from the Kona International Airport to Keauhou subject to the policies set forth under Objective LU-2 Urban Area Growth Management. Policy LU-1.4: Consistency with Land Use Pattern Allocation Guide (LUPAG). The current LUPAG accommodates the vision and needs for the Kona CDP area planning horizon and should be amended only for compelling reasons. Any rezoning application shall be consistent with the LUPAG. Transit -Oriented Development (TOD). The development of compact, mixed -use villages which would integrate housing, employment, shopping, and recreation opportunities. Villages would be designed around transit stations/stops which would reduce the need for daily trips and financially support the expanded transit system. The subject parcel is located within the Pua'a-Wa'iaha neighborhood village. According to the KCDP, neighborhood village core areas allow for small-scale commercial uses like the proposed gymnastics facility. Further, the proposed use is aligned with the subject parcel's designation as a part of the Neighborhood Village secondary area, intended to include uses that serve TOD residents, such as schools and community parks. 13 The KCDP identifies the proposed connector road passing through the subject property, just makai of the existing warehouse as 19-C Kakalina Street Extension (Nani Kailua Drive to Puapua'anui Street) (Figure 5). While the proposed alignment is conceptual the proposed use would not preclude this alignment. In fact, the proposed use would serve to anchor the alignment of the planned connector road. 3D. Surrounding Zoning and Land Uses The County zoning of the subject property is Agricultural 1-acre (A-1a) within the Agricultural State Land Use District. The zoning designations of the surrounding properties are mixed as there are A- 1 a. A-5a, RS-10, and RS-7.5 designations adjacent to and near the subject parcel. The adjacent properties remain largely undeveloped. Pualani Estates subdivision is approximately 950 ft south of the subject property. 3E. Flood Insurance Rate Map The Federal Emergency Management Agency's Flood Insurance Rate Map (FIRM) designates the proposed special permit area to be in Zone X (areas outside of 500-year flood) (Figure 6). The Wa'iaha Drainageway Splitflow No. 2 runs through the parcel from the northeast corner diagonally to the southwest corner. However, the warehouse was constructed in a portion of the parcel that is not in the drainageway in order to mitigate potential flood impacts. The proposed access driveway is crossed by this drainageway although potential flooding concerns on the driveway should be reduced on completion of the flood control structures and in the interim secondary emergency access will be provided by the mauka-makai driveway. 3F. Archaeological Resources No additional land clearing is anticipated for the proposed use. A no effect letter was issued by the State Historic Preservation Division for a previous Special permit application for rock crushing and baseyard operations on a 9.23-acre portion of the subject property (Exhibit C). Archaeological resources are not anticipated to be encountered due to construction and improvements being limited to areas that are already cleared and/or developed. Furthermore, in the event any inadvertent discoveries are made during any land disturbance activity relating to this project, work will cease, 14 r- Xs 0738F ZONED( XS BASEMAP: FIRM BASEMAP I'u � IW x :AE XS .'L7 AM . ZONE is 0739F ZONE X AE iSpecial Permit Area- i NE AE ti j 'or, \ODFlood Hazard Assessment Report D � 7 www.hawaiinfip.org i a. Property Information Notes: COUNTY: HAWAII TMK NO: (3) 7-5-017:044 WATERSHED: WAIAHA PARCELADDRESS: ADDRESS NOT DETERMINED KAILUA KONA, HI 96740 Flood Hazard Information FIRM INDEX DATE: LETTER OF MAP CHANGE(5): FEMA FIRM PANEL- EFFECTIVE DATE: SEPTEMBER 29, 2017 NONE lSS1660738F - SEPTEMBER 29, 2017 1551660739F- SEPTEMBER 29, 2017 THIS PROPERTY 15 WITHIN A TSUNAMI EVACUTION ZONE: NO FOR MORE INFO, VISIT: http://www.scd.hawaii.gov/ THIS PROPERTY IS WiTHIN A DAM EVACUATION ZONE: NO FOR MORE INFO, VISIT: http://dinreng.hawaii.gov/dam/ 0 200 400 ft Disclaimer: The Hawaii Department of Land and Natural Resources (DLNR) assumes no responsibility arising from the use, accuracy, completeness, and timeliness of any information contained in this report. Viewers/Users are responsible for verifying the accuracy of the information and agree to indemnify the DLNR, its officers, and employ- ees from any liability which may arise from its use of its data or information. If this map has been identified as 'PRELIMINARY, 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 zone determina- tions to be used for compliance with local floodplain management regulations, SPECIAL FLOOD HAZARD AREAS (SFHAs) SUBJECT TO INUNDATION BY THE 1% ANNUAL CHANCE FLOOD - The 1% annual chance flood (10D- 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: = I Zone A: No BFE determined. I I Zone AE: BFE determined. Zone AH: Flood depths of 1 to 3 feet (usually areas of ponding);ME I j BFE determined. Zone AO: Flood depths of 1 to 3 feet (usually sheet flow on sloping terrain); average depths determined. _Zone V: Coastal flood zone with velocity hazard (wave action); no BFE determined. _Zone VE: Coastal flood zone with velocity hazard (wave action); 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 Increasing the BFE. NON -SPECIAL FLOOD HAZARD AREA - An area in a low -to -moderate risk flood 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 —I Zone D: Unstudied areas where flood hazards are undeter- mined, but flooding is possible. No mandatory flood Insurance purchase apply, but coverage is available in participating commw nities. .y..\., — and the applicant will immediately notify the Planning Department and the State DLNR and secure their clearances before proceeding. 3G. Floral and Faunal Resources Although there was no professional survey conducted of the floral and faunal resources of the site, the applicant does not believe that there will be significant impacts to the floral and faunal resources. The vegetation on the parcel is primarily guinea grass (Megathyrsus maximus), haole koa (Leucaena leucocephala), opiuma trees (Piphecellobioum dulce) and kukui (Aleurites moluccanus). These species are all common and not threatened or endangered. As the subject property has been used for equipment and aggregate stockpiling by the property owner for many years, no floral or faunal resources are expected to be impacted by the proposed use of an existing warehouse structure. Further, the suburban and agricultural nature of the surrounding areas would make it less likely to find endangered animal life in this area. It would be possible to find the Island -wide ranging Hawaiian Hawk ('Io), Hawaiian Owl (Pueo), Hawaiian Goose (Nene), and the Hawaiian Hoary Bat on site, however this is not their main habitat. No impacts are anticipated by the proposed use as there will be no additional land clearing relating to the proposed use. In addition, introduced bird species (such as dove, Japanese White - eye, house finch, saffron finch, house sparrow, and myna) are common in this area. Domestic animals such as cats and dogs, and other animals like rats and feral pigs are also common. These are all common and not endangered. No additional clearing is anticipated as the proposed use will be limited to portions of the property that have already been cleared. As such, it is unlikely that the use of the subject property would cause any adverse faunal impacts. 3H. Valued Cultural Resources In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O 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. 17 In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, fishing and/or coastal access is not an issue. It is not known whether the subject property or immediate surrounding area have ever been used for the gathering of plants by native Hawaiians. However, it would appear very unlikely that the site would serve such purpose today and/or in the recent past. There are also no known archaeological features on the subject property and its land use history would make the discovery of unidentified historic sites unlikely. 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 1 mile from the shoreline. As such, no public access will be affected by this request. 3J. Description of Access The subject parcel is accessed via Hualalai Road, approximately 700- feet east of its intersection with Queen Ka`ahumanu Highway. Hualalai Road is County owned and maintained with an average pavement width of 20 feet. Access within the property is by an existing 12 to 15- foot wide, 1,000-foot long gravel drive. Based on the existing conditions of Hualalai Road, it appears no improvements would be requried for the proposed use. A secondary access, proposed for emergency use only at this time, exists along the southern boundary of the subject parcel running mauka-makai. 3K. Traffic Impacts Traffic on Hualalai Road is generally low and made up primarily of residents. The proposed use would generate a modest increase in traffic to the subject property. From table 1 on page 6 maximum anticipated users of the facility is between 110 and 166 per day. Of those totals 17 peak AM trips are anticipated due to fitness classes and individual use combined. During the school year no AM trips for gymnastics users are anticipated due 18 to the hours of the classes. During summer break gymnastic classes would contribute an estimated 20 — 30 peak AM trips, assuming at least half of the 40-participant maximum carpooled with one other participant. These classes would only occur when school is not in session (and AM peak traffic is generally less). PM peak trips anticipated for competitive team gymnastics classes would also be 20-30 with the same level of carpooling (50%). Recreational classes would contribute less to peak PM trips due to the smaller class size. Fitness classes are scheduled at 5PM M-F and would potentially contribute up to 17 peak trips due to fitness classes and individual use combined. The applicant is proposing strategies to reduce the potential traffic impacts due to the proposed use. The maximum group gymnastics class size requested is 40 participants. The maximum size for fitness classes is 10 participants. For gymnastics classes, many parents will share pick-up and drop-off duties, carpooling multiple participants per vehicle, and greatly reducing potential traffic impacts. Further, due to the scheduling of classes falling mainly outside of the typical school/workday, it is unlikely that traffic impacts will be significant. 3L. Availability of Utilities HELCO power is not yet available to the site. The applicant intends to provide power to the facility through the installation and use of a solar photovoltaic system. An onsite generator is providing power for lighting in the interim. County Water is currently available to the site in sufficient quantities to support the proposed use and fire suppression purposes. Water is also collected from roof runoff which is stored in the two catchment tanks shown on plans and used only for irrigation purposes. A new Fire Hydrant has been installed approximately 75-feet from the facility within an existing 50-foot-wide access and utility easement corridor (Figure 7). Currently the facility is served two separate restroom areas as shown on the provided floor plan (Figure 3). Wastewater generated by the facility is disposed of in an Individual Wastewater System (septic system). 19 5 m 1- "O:LW-9-L (E) :>IWl w �? IIVMVH dO aNVISI aNV .UNf1OO id° I v� r ? 1 Q �VNO>I HIUON �1SL In-inHVN lb i j 3 •. "{i c o Iwo ); Lt R 0 3Sn0HBUVM 3JVZIOIS 'JV i Pr :U0=1 11Vl3a '3-11=10Ud aNV , Q w NV-1d 3N1-1 A81=l 'NV-1d 311S 1V2i3N30 wag s qpg5 1 g@ yVy a ��$ e y �� Rex $ x4 X"g F LE ii �• � ��3 a �7� o� ��y i 'k a H ? Si 6 8 ' 3 =hIC Lg 0 �d E .e Me aP^ aaE `se eaR^ i •� R I I iN � ZR III. REGULATORY ANALYSIS 4A. Coastal Zone Management Granting of this request would promote the effectiveness and objectives of Chapter 205, Hawaii Revised Statutes as amended. The proposed use is not contrary to Chapter 205A, Coastal Zone Management as the subject parcel is approximately 1 mile from the shoreline. There are no public access, scenic, or open space resources on the subject site. 4B. Impacts to Surrounding Properties The requested use will not adversely affect the surrounding properties. There are few homes proximate to the subject site and many of the properties in the area utilize natural vegetation to screen views from neighboring properties. The nearest neighboring home is over 950- feet away from the proposed special permit area and screened by vegetation. All parking will remain on site in the parking area as shown on the site plans. Further, the applicant's proposed use will not cause a disturbance to sound and noise levels in the area. Due to the distance between the site and the nearest neighboring home, disturbance to surrounding properties is not anticipated. The applicant will comply with residential sound levels which will help maintain the existing conditions of the community. Anticipated impacts to traffic on Hualalai Road are anticipated to be minimal and further mitigated by participant carpooling. It appears no improvements will be necessary to area transportation infrastructure to support the proposed use. Lastly, visual impacts will be very minimal. The existing vegetation is consistent with the surrounding properties and the applicant intends to landscape the facility to create an attractive appearance. 4C. Impacts to Public Agencies 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 already accessible via Hualalai Road and no additional utilities will 21 need to be provided by public agencies. The nearest police and fire stations are within 4-5 miles of the site. The facility is served by the County water system with sufficient capacity to support the proposed use. Wastewater will be handled by Individual Wastewater Systems meeting Department of Health Requirements, designed by a civil engineer licensed in the State of Hawaii. The applicant proposes to use a permitted solar power system for the facility. 4D. Unusual Conditions Unusual conditions, trends, and needs have arisen since the district boundaries and regulations were established. Notwithstanding the current restrictions on social gatherings and occupancy levels in gyms and sports fitness facilities (due to the COVID-19 emergency proclamations), there is a need for a gymnastics and sports fitness facilities due to the lack of facilities available for gymnasts and athletes in West Hawaii. The applicant's facility is currently the only operating gymnastics program in West Hawaii. The inventory of properties available to host such uses has not kept pace with demand. Further, the applicant understands the importance of COVID-19 regulations and will comply with the emergency proclamations while they are in effect. 4E. Land Suitability for Permitted Uses The land upon which the proposed project is situated is not suitable for agricultural uses. The site is unclassified by ALISH (Agriculture Lands in the State of Hawaii). The soil is classified as D, or poor with the Land Study Bureau. The land has not been used intensively for agriculture in the recent past. The Kona CDP designates the area as within the outer boundary of two Neighborhood TODs, and would therefore be suitable for neighborhood commercial and recreational uses. Additionally, the nature of the proposed use aligns with its Urban Expansion designation as mentioned above. Further, the proposed use would not represent a significant loss of potential agricultural opportunity due to the classification of the land and soil on the site and the limited area proposed to be used for the Special Permit area. 4F. Land Character and Present Use The proposed use will not substantially alter or change the essential character of the land. The land has been altered significantly in the 22 past as it is largely cleared. The land has been used for aggregate and equipment storage by the property owners for several years. The warehouse that was recently constructed has since been converted into the proposed gymnastics & sports fitness facility and is presently in use. The approval of this request would serve to legitimize a facility hosting non-profit businesses seeking to serve the needs of the community. Further any potential perceived conflict between the present aggregate storage use and the proposed recreation and sport facility is largely mitigated by the spatial separation of these uses on the property. 4G. Relationship to General Plan The proposed use will not be contrary to the goals, policies, and standards of the General Plan and other applicable documents such as the Kona Community Development Plan. The requested use aligns with the General Plan LUPAG designation for the subject property. The requested use also aligns with Kona CDP plans for land use in the area, accommodating a planned connector road and anchoring potential future community services and recreation facilities serving neighboring communities. The proposed project will provide an opportunity for the applicant to operate a gymnastics and sports fitness facility that provides needed recreational programs for West Hawaii athletes. The proposed use addresses the need for a variety of recreational programs as the applicant's facility offers a variety of fitness programs from competitive gymnastics, keiki classes, and adult fitness classes. Additionally, it allows for economic pursuits for the local community in a time of extreme economic uncertainty. 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 to be sought by the Land Use Law and Regulations, which, for the Agricultural District, seek to preserve or keep the land of high agriculture potential in agriculture usage. As noted earlier, the site is not classified as prime or important agricultural land and is classified by the Land Study Bureau as D, or poor. Its present use aligns with the County's LUPAG designation of Urban Expansion, which allows for a mix of uses and designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. 23 Further, the approval of the proposed use is reasonable and will not adversely impact neighboring communities. In conclusion, the proposed Special Permit request would provide the West Hawaii community with a gymnastics and sports fitness facility that emphasizes and enhances fitness awareness for youth and athletes of all ages. Kona Aerials Gymnastics & Nakuwauna Foundation provide needed recreational spaces and programs that teach personal development skills and support physical well-being. Being that it is the only facility of its kind in West Hawaii, the approval of this request would be sensible and provide opportunities for recreational facilities to expand in a community that needs it. 24 n CU5TJIAa:k, COPY Rev 11/91/2016 County of Hawaii DEPARTMENT OF PUBLIC WORKS — ENGINEERING DIVISION GRADING PERMIT NO. 092524 f + 4'51 . #4 Fee: $ VQ al Vtrd Check only — payable to: County Director of Finance Owner: Dan and Jan Bolton Address: PO Box 898 Phone: 808-329-8240 Kailua-Kona, HI 96745 Civil Eng. / Surveyor. Stephen Herbert Address: PO Box 4484 Phone: 808-329-5272 License No.: 1978-C Kailua-Kona, HI 96745 Contractor. Bolton, Inc. Address: 73-4174 Hulikoa Dr Phone: 808-329-8240 License No.: ABC 14458 Kailua-Kona, HI 96740 Location: Hualalai Rd Tax Map Key: (3) 7-5-017:031,044 Cut (CY): 116400 Parcel Area (acre): 36 Area to be Graded (acre): 6.03 ' 1 Disposal Site: various locations as needed Start Date: 101 hall q Completion Date: 10i 1�41202D Fill (CY): 0 (minimum 2 working days after issuance date) Borrow Site: Remarks: Extention #f4 No change in scope of work Submit to: DLNR.Intake.SHPD@Hawaii<gov 1. STATE DLNR — HISTORIC PRESERVATION DIVISION Approved- . 9 iT6'.WI0- m61 Received By: Date: DOG R0, too3 MD23 Date: 3124110 2. PLANNING DEPARTMENT Approved: Approved Only For Compliance to H.C.C. / Received By: �� Date: a� Chapters 23 & 25 and H.R.S. Date:V 17 — Ap=: chap.'__— ^a; & WGI. 3. DEPARTMENT OF PUBLIC WORKS W lq �� at`' ' Approved for Permit Issuance: Received B�SICe. \lam I Date: 10k tvI`q Date: 1�( (O hereby ce that all work as requested above will conform to Chapter 10 of the Hawaii County Code. Owner: Date: ,97 9 Return to the Department of Public Works, Engineering Division, upon completion of work. Certification Accepted by, Date: (DPW inspector / engineer) County of Hawai'i is an Equal Opportunity Provider and Employer Exhibit A Harry Kim Mayor Roy Takemoto Managing Director West Hawaii Office 74-5044 Ane Keohokfilole Hwy Kailua-Kona, Hawaii 96740 Phone (808) 3234770 Fax (808) 327-3563 CERTIFIED MAIL 7018 0040 0000 3536 2315 November 27, 2020 Daniel B. Bolton Janet T. Bolton P.O. Box 898 Kailua Kona, Hawaii 96740 Dear Mr. and Ms. Bolton: County of Hawaii PLANNING DEPARTMENT SUBJECT: Notice of Violation and Order Michael Yee Director April Surprenant Acting Deputy Director East Hawaii Office 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Phone(808)961-8288 Fax (808) 961-8742 Complaint: Processing of Aggregate Material on Agriculture Land TMK: (3) 7-5-017:044, Portion of Waiaha 1st to Puapuaanui lst. North Kona Hawaii COMPLAINT The Planning Department continues to receive complaints regarding the importation of aggregate material onto the above referenced property. Complainants also suggest that aggregate material is being brought onto the above -mentioned property to be processed. During the investigation of that complaint it was discovered the non -agriculture commercial enterprise "Kona Aerials Gymnastics" operating in about two-thirds of the mauka portion of an agriculture warehouse on the subject property. BACKGROUND Our initial investigation based on the complaint have revealed the following: 1. Subject Property: 2. Subject Address: 3. Owner (RPT record): 4. Lot Size: 5. State Land Use: 6. County Zoning: Tax Map Key Number (3) 7-5-017:044 75-456 Hualalai Road, Kailua Kona, Hawaii Daniel B.Bolton and Janet T. Bolton 23.73 acres Agriculture (A) Agricultural A -la (minimum 1 acre) www.planninp.hawaiicounty.gov Hawaii County is an Equal Opportunity Provider and Employer lao nning(a)hawaiicountv.eoi Daniel B. Bolton Janet T. Bolton November 27, 2020 Page 2 FINDINGS A site inspection was conducted by Planning Inspector, Mr. Horace Yanagi on July 14, 2020, at approximately 0930 hrs. Upon arrival at the site, he met with Mr. Chad Matsuoka, Mr. Bolton's onsite representative. They proceeded with the site inspection which revealed the following: 1. There is an Agriculture Warehouse, Building Permit # BK 2019-01023 that has been constructed but as of the date of the site inspection, has not received final inspection. Also noted on the building permit is "no electric, and no plumbing". a. There is a non -agriculture commercial enterprise "Kona Aerials Gymnastics" that is operating their business in the mauka two-thirds (approximate) portion of the building. They conduct day and evening classes. b. Further review of County of Hawaii Code, a determination was made that Kona Aerials Gymnastics is considered to be an "amusement and recreation facility - indoor". 2. There are two water tanks that have been constructed makai of the agriculture warehouse, which supply water to the alleged bathroom facility located within the warehouse. There are no known building permits for these water tanks, nor are there permits for the alleged bathroom facility. OBSERVATION Per our inspectors observation of the excavated area with the flood channel, it appears that during the last flood, dirt and small aggregate material may have washed outside of the subject property through/under Queen Ka`ahumanu Highway. This flood water traverses makai of Kuakini Highway through the Special Management Area and possibly enters the ocean waters. 1. Failure to stabilize the excavated portions within the flood channel from further deterioration along with the unstable condition of the area surrounding the flood channel may result with additional dirt and small aggregate material to leave the site and follow its course to the ocean. 2. This issue could be a similar situation of what had occurred possibly creating water runoff that entered into the ocean waters due to grading and grubbing work done on the property. VIOLATION Based on the site inspection conducted and report provided by our Planning Inspector, the Planning Director affirms that you are in violation of Hawaii Revised Statutes, and Chapter 25, Hawaii County (Zoning) Code ("HCC") for the following reasons: 1. HRS §2054.5 ](21)] (b), Uses not expressly permitted in subsection (a) shall be prohibited, [emphasis added] Daniel B. Bolton Janet T. Bolton November 27, 2020 Page 3 a. Amusement and Recreation Facility Indoor "Kona Aerials Gymnastics "is not listed as permitted uses in State Land Use Agriculture ("SLUA") District. 2. Chapter 25, Section 2544 Hawaii County (zoning) Code where it states: any use not listed among the permitted uses in a zoning district is a prohibited use within that district. 3. Chapter 25, Section 25-5-72(a), Permitted uses. a. Amusement Recreational Facility Indoor "Kona Aerials Gymnastics" is not listed as a permitted use. See Attachment A for provisions relevant to the above sections. ORDER You are hereby ordered to complete the following corrective action(s) at your own expense by the "Deadline Date" of December 31, 20120, unless otherwise noted: 1. Immediately cease and desist the operation of Kona Aerials Gymnastic which is located within the agriculture warehouse on the above referenced property. 2. Immediately relocate Kona Aerials Gymnastic to a district where an Amusement and Recreation Facility Indoor is listed as a permitted use. 3. You are being assessed an initial civil fine of $500.00 for each of two (2) above listed violation of Chapter 25, HCC that have occurred on the subject property for a total of $1,000.00. 4. You are being assessed a Civil Fine of $5000.00 for violation HRS 205-4.5. 5. The total civil fines assessed are $6.000.00. 6. If all of the above stated conditions of this Order are not met by the established "Deadline Date", an additional daily civil fine starting at $100.00 per day will be assessed for violation of Chapter 25, HCC beginning January 1, 2021, unless otherwise noted until all of the above conditions regarding the HCC have been satisfied and corrective action has been completed. See Attachment A for daily fines schedule. 7. This Order shall become final thirty (30) days after receipt of the Order. On or before the final date, any person(s) subject to this Order may appeal the Order. 8. Contact our Planning Inspector to arrange a date and time on or before the deadline date to have the property inspected to verify compliance. Upon receipt of your letter and after our satisfactory review we may close the complaint process with no further action depending on the evidence that you provide to this office. You are further being notified that this Notice of Violations and Order is being forwarded to other Governmental Agencies for their review and actions. This matter may be referred to the Daniel B. Bolton Janet T. Bolton November 27, 2020 Page 4 Office of Corporation Counsel for civil remedy and/or the Prosecuting Attorney's Office for criminal prosecution. Should you acquire the services of an attorney/counsel representation then you are required to also submit a letter of consent with your response letter authorizing the County to correspond and respond to the attorney/counsel representation. Should you have questions regarding completion of the Corrective Actions or payment of fines please contact Planning Inspector Mr. Horace Yanagi, and for questions regarding Hawaii County Zoning Code, please contact Planner Ms. Rosalind Newlon at the West Hawaii Office at 323-4770. Sincerely, MICHAEL YEE Planning Director HTY: hty:rl HAHomce-Hilo_Server\NOV\Bolton 7-5-17 31,44NOV\gym nov dtaft.doc Enclosure: County of Hawaii Board of Appeals General Petition for Appeal of Decisions by Planning Director Form Attachment A The following persons have been electronically copied. No hard copy to follow. Mr. Dwayne Inouye, Building Division, West Hawaii Office Mr. Wayne Saiki, Electrical Division, West Hawaii Office Mr. Steve Tossman, Plumbing Division, West Hawaii Office Ms. Sarah Little, Building Inspector, West Hawaii Office Mr. Dane Hiromasa, Department of Health Waste Water Branch Mr. Horace Yanagi, Planning Inspector Ms. Rebecca Villegas, Hawai'i County Council cc: Real Property Tax Office, West Hawaii Civic Center West Hawaii TMK File Attachment A Hawaii Revised Statutes 1. HRS §2054.5 Permissible uses with the agricultural districts. a. The processing of aggregate material, an amusement and recreational facility, a Contractor's yard, and a Junkyard are not listed as permitted uses. 2. HRS §205-12 Enforcement. The appropriate officer or agency charged with the administration of county zoning laws shall enforce within each county the use classification districts adopted by the land use commission and the restriction on use and the condition relating to agricultural districts under section 205-4.5 and shall report to the commission all violations 3. HRS §205-13 Penalty for violation. [(a)] Any person who violates any provision under section 205-4.5, or any regulation established relating thereto, shall be fined not more than $5,000, and any person who violates any other provision of this chapter, or any regulation established relating thereto, shall be fined not more than $1,000. [(b)] If any person cited for a violation under this chapter fails to remove such violation within six months of such citation and the violation continues to exist, such person shall be subject to a citation for a new and separate violation. There shall be a fine of not more than $5,000 for any additional violation. [(c)] Prior to the issuance of any citation for a violation, the appropriate enforcement officer or agency shall notify the violator and the mortgagee, if any, of such violation, and the violator or the mortgagee, if any, shall have not more than sixty days to cure the violation before citation for a violation is issued. Chapter 25, Hawai`i County (Zoning) Code 1. Section 25-44, Uses Prohibited. • "Any use not listed among the permitted uses in a zoning district is a prohibited use within that district, except as otherwise provided in this chapter" 2. Section 25-5-72(a) Permitted uses in the Agriculture District a. Amusement and recreational facility indoor is not listed as a permitted use. Chapter 25, Section 25-1-5 definition. (b) "Amusement and recreation facility, indoor" means an establishment providing indoor amusement or recreation. Typical uses include: martial arts studios; billiard and pool halls; electronic and coin -operated game rooms; bowling alleys; skating rinks; health and fitness establishments; indoor tennis, handball and racquetball courts; auditoriums; theaters; and indoor archery and shooting ranges. FINES Resolution of this Notice of Violation and Order requires completion of all Corrective Actions and payment in full of all civil fines. Pay all fines due to this office to: County of Hawaii Planning Department 74-5044 Ane Keohokalole Hwy Kailua-Kona, Hawaii 96740 Cashier's checks or money orders shall be made payable to Director of Finance. Personal checks are not accepted. GENERAL INFORMATION What happens if you do not correct the violation? A violation that is not corrected by the "Deadline Date" unless otherwise noted is accessed daily fines starting at $100 per day beginning the day after the "Deadline Date" unless it is a recurring violation (see table below). After 3 months the fine increases to $200 per day, after 6 months to $300 per day, after 9 months to $500 per day until the case is resolved. It is in your best interest to correct this problem before or on the "Deadline Date" as indicated above 1. Daily Fines: According to County of Hawaii Planning Department Rules of Practice and Procedure Rule 9-5(d): When a violation is not corrected by the deadline set by the order, the Director may assess additional fines to a maximum of $500 for each day that the violation remains uncorrected in accordance with the following schedule: DAILY FINES FIRST AFTER AFTER AFTER FOR VIOLATION 3 MOS. 3RD MO. 6TH MO. 9TH MO. Initial violation $100 $200 $300 $500 First Recurrence $200 $300 $400 $500 Second Recurrence $300 $400 $500 Third Recurrence $400 $500 2. Fourth and subsequent recurrences will be assessed $500 per day of additional daily fines from the date that the violation was to cease as set forth in the order. APPEAL Can you appeal this Notice of Violation? 1. Yes. In accordance with Section 6-9.2 (a) of the Hawaii County Charter, the Board of Appeals is authorized to hear and determine any appeal from the final decisions of the planning director. 2. An appeal shall be in writing, in the form prescribed by the Board of Appeals and shall specify the person's interest in the subject matter of the appeal and the grounds of the appeal. A filing fee of $250 shall accompany any such appeal. The person appealing a decision of the director shall provide a copy of the appeal to the director and to the owners of the affected property and shall provide the Board of Appeals with the proof of service. 3. The appellant, landowner(s) if not the appellant, and the director shall be parties to an appeal. Other persons may be admitted as parties to an appeal, as permitted by the Board of Appeals. 4. For your convenience, we have enclosed the "County of Hawaii Board of Appeals General Petition for Appeal of Decisions by Planning Director" form. Address the Appeal to: Board of Appeals 101 Pauahi Street, Room 3 Hilo, HI 96720 Due Date for Appeal: The appeal must be received within thirty (30) calendar days from the date of receipt of this Notice of Violation and Order. An appeal to the Board of Appeals shall not stay the provisions of the Director's "Order" pending the final decision of the Board of Appeals. The appeal must be made in accordance with the Board of Appeals Rules of Practice and Procedures or it may result in the dismissal of the appeal. What happens if I lose my appeal? 1. The assessment and accumulation of fines does not stop when you file for an appeal. If the Board of Appeals denies your appeal then you will be required to pay your fines from the day the fines began to the date the violation(s) has been corrected which must be verified by the Planning Department. 2. You may also take corrective action as described in this letter and stop the daily fines, while appealing. If you do not take corrective action, daily fines will continue to accrue incrementally. Can you get a time extension to have more time to correct the violation? Yes. Provided you comply with the conditions stated below. If you do not complete your corrective actions by the "Deadline Date", you may want to submit before the "Deadline Date" a "request for a time extension." The request must include the following conditions: a. Describe in detail what corrective actions you have completed prior to requesting this time extension. b. A time extension will not be granted if you do not provide in detail what corrective actions have been completed prior to the deadline date. This is to include a statement that all of the unpermitted non agriculture businesses occurring on the above referenced property has ceased. c. A time extension will not be granted to allow for any violations on the above referenced property to continue. d. The mere submission of a time extension request will not guarantee the approval for the request nor does it extend your right to appeal. DAVID Y. IGE GOVERNOR OF HAWAII STATE OF HAWAH DEPARTMENT OF LAND AND NATURAL RESOURCES STATE HISTORIC PRESERVATION DIVISION KAKUHiHEWA BUILDING 601 KAMOKILA BLVD, STE 555 KAPOLEI, HAWAII 96707 May 5, 2016 Mr. Duane Kanuha, Planning Director County of Hawaii 101 Pauahi Street, Suite 3 Hilo, HI 96720 Mr. Russell Y. Tsuji, Land Administrator Land Division, Department of Land and Natural Resources P.O. Box 621 Honolulu, HI 96809 Dear Mr. Sirs: SUZANNE D. CASE CHAIRPFRVM UOM OF LAND AHDNATRAL RESOURCES C@R.QSSTQJ ON WATER RESOURCE MANAOFAUNT KEKOA KALUHIWA FIRST OFPUfY JEFFREY T. PEARSON DEPUTY DIRECTOR- WATER AQUATIC RESOURCES DONTMOCEANXECRFATION BUREAU OF CONVEYANCES LTIAR.RSSION ON WATER R130LMCE MANAGEMENT COMERVATU NAND COASTAL LANDS CONMVAIHON AND RESOURCES ENPORCPAmrr FORE37RY AND WILDLIFE HISTORIC PRESERVATION KAHOOIAWE ISIAN7 RESERVE CUSHION LAND STATE PARKS Log No. 2016.01088 Doc No. 1605GCO2 Archaeology SUBJECT: Chapter 6E-42 Historic Preservation Review Special Permit Application (SP 16-000188) — County of Hawaii Request for — Baseyard, Stockpiling, Storage, Crushing of Material, and Security Building Kahului 1•I Ahupua`a, North Kona District, Island of Hawaii TMK: (3) 7-5-017:044 nor. Thank you for the opportunity to comment on this permit application that was received by our office on March 10, 2016. Bolton, Inc. (applicant) is requesting a special permit for establishing a baseyard/staging yard on a 9.23-acre portion of the 23.38-acre parcel identified as TMK: (3) 7-5-017:044. The yard will be used for equipment, storage, stockpiling and crushing of natural materials for commercial use, and installation of a temporary security building. A SHPD records review indicates that no archaeological inventory survey (AIS) has been conducted, and that no historic properties have been identified within the subject parcel. The SHPD has previously made a determination of no historic properties affected for (1) a grading permit for flood channel improvements on a portion of Parcel 044 (March 24, 2010; Log No. 2010.0757, Doc No. 1003MD23); and (2) a grading and stockpiling permit (May 22, 2006; Log No. 2006.1602, Doc No. 0605MM01); and a revised determination of no historic properties affected for the applicant's earlier stockpiling permit (February 11, 2015; Log No. 2015.04139, Doc No. 1602SN09). Based on the information above, SHPD's determination is no historic properties affected for the proposed baseyard/staging yard. The permitting process may continue. Please attach to the permit: In the event that historic resources, including human skeletal remains, lava tubes, and lava blisters/bubbles are identified during the construction activities, all work should cease in the immediate vicinity of the find, the find should be protected from additional disturbance, and the State Historic Preservation Division should be contacted immediately at (808) 692-8015. Please contact me at (808) 692-8019 or at Susan. A.Lebona.hawaii.Roy for any questions regarding this letter. Aloha, Susan A. Lebo, PhD Archaeology Branch Chief cc: Jeff Darrow, COH-Planning (Jeff.Darrow c0hawaiicountv.eov) Lydia Morikawa, DLNR-Land (Lydia.Morikawana.hawaii.eov) Exhibit C Andrews, Jessica From: John Pipan <john@land planning hawaii.com> Sent: Saturday, May 22, 2021 6:28 AM To: Andrews, Jessica Cc: Katrina Kern Subject: RE: Kona Aerials Special Permit Application, TMK 75017044 Aloha Jessica, No worries. Yes, the applicant (or the land owner) would make any alterations required for the improvements to comply with building code. That would include the bathrooms as well. Best, John Pipan Planning Administrator Land Planning Hawaii LLC 194 Wiwoole St, Hilo, HI 96720 (808)333-3391 T LAND'* PLANNING `1*' HAWAII LLC u ..��' L: s''`1 ---- On Fri, 21 May 2021 14:51:47 -1000 Andrews, Jessica <Jessica.Andrews@hawaiicounty.gov> wrote ---- Hi John, Apologies for sending one more request for additional information. Can you clarify what the applicant plans to do regarding the portable restrooms that are shown as existing on the site plan? It's unclear whether those are the same restrooms that are depicted on Figure 3, the submitted floor plan. Does the applicant plan to rebuild the restrooms to comply with building code? Thanks, Jessica i tanning Dept. hlblt_ :7— _ MAY 2 2021 h*_ From: Andrews, Jessica Sent: Friday, May 21, 2021 1:34 PM To:'John Pipan' <iohn@landplanninehawaii.com> Cc: Katrina Kern <katrina@landplanninehawaii.com> Subject: RE: Kona Aerials Special Permit Application, TMK 75017044 Thanks for providing the additional information, John. Hope you have a great weekend. Jessica From: John Pipan [mailto:iohn@landplanninehawaii.coml Sent: Friday, May 21, 2021 12:57 PM To: Andrews, Jessica <Jessica.Andrews@hawaiicounty.gov> Cc: Katrina Kern <katrina@landplanninehawaii.com> Subject: Re: Kona Aerials Special Permit Application, TMK 75017044 Aloha Jessica, For Nakuwauna Foundation Gym, high school age youth would make use of that facility (age 14 and up). We'll make not of the missing neighbor from the SPO list, thanks. Best, John Pipan Planning Administrator Land Planning Hawaii LLC 194 Wiwoole St, Hilo, HI 96720 (808)333-3391 LANCE'" PLANNING HAWAII LLC ---- On Thu, 20 May 2021 13:59:50 -1000 Andrews, Jessica <Jessica.Andrewsc&hawaiicountv.gov> wrote ---- Hi John, I'm reviewing the above referenced application for completeness and have a couple requests for more info: RA 1. Your application describes Kona Aerials as offering classes for participants ages 2 and above. Can you clarify whether the adjacent space, labeled Nakuwauna Foundation Gym, will include youth participants, and if so, what age ranges? 2. The submitted list of surrounding property owners is missing one neighbor: TM K: 75017068 Owner: Tisha Leinani Gomes-Awa Property Address: 75-5706 Heinaloli Road Thanks, Jessica Jessica Andrews, Planner County of Hawaii Planning Department (808) 961-8155 Harry Kim ,llutor- Roy Takemoto dlunaging Director Nest Hawaii Office 74-5044 Ane Keohol,llole Huy Kailua-Kona, Hawaii 96740 Phone (808) 323-4770 Fax (808) 327-3563 CERTIFIED MAIL 7018 0040 0000 3536 2315 November 27, 2020 Daniel B. Bolton Janet T. Bolton P O Box 898 Kailua Kona, Hawaii 96740 Dear Mr. and Ms. Bolton: Jwil or AP r�r� or"N►,�r County of Hawaii PLANNING DEPARTMENT ,Michael Yee Director April Surprenant Acting Depute Director - East Hawaii Office 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Phone (808)961-8'-88 Fax (808) 961-8742 SUBJECT: Notice of Violation and Order Complaint: Processing of Aggregate Material on Agriculture Land TMK: (3) 7-5-017:044, Portion of Waiaha I" to Puapuaanui 111, North Kona Hawaii COMPLAINT The Planning Department continues to receive complaints regarding the importation of aggregate material onto the above referenced property. Complainants also suggest that aggregate material is being brought onto the above -mentioned property to be processed. During the investigation of that complaint it was discovered the non -agriculture commercial enterprise "Kona Aerials Gymnastics" operating in about two-thirds of the mauka portion of an agriculture warehouse on the subject property. BACKGROUND Our initial investigation based on the complaint have revealed the following: 1. Subject Property: 2. Subject Address: 3. Owner (RPT record) 4. Lot Size: 5. State Land Use: 6. County Zoning: Tax Map Key Number (3) 7-5-017:044 75-456 Hualalai Road, Kailua Kona, Hawaii Daniel B.Bolton and Janet T. Bolton 23.73 acres Agriculture (A) Agricultural A-1 a (minimum 1 acre) ��v pi,�nnin_ h,i ,iur nnu _ ffne•ni'i County is an EquaiOppor•tunin Provider and Employer Planning Dept. Exhibit 3 Daniel B. Bolton Janet T. Bolton November 27, 2020 Page 2 FINDINGS A site inspection was conducted by Planning Inspector, Mr. Horace Yanagi on July 14, 2020, at approximately 0930 hrs. Upon arrival at the site, he met with Mr. Chad Matsuoka, Mr. Bolton's onsite representative. They proceeded with the site inspection which revealed the following: 1. There is an Agriculture Warehouse, Building Pen -nit # BK 2019-01023 that has been constructed but as of the date of the site inspection, has not received final inspection. Also noted on the building permit is "no electric, and no plumbing". a. There is a non -agriculture commercial enterprise "Kona Aerials Gymnastics" that is operating their business in the mauka two-thirds (approximate) portion of the building. They ,onduct day and evening classes. b. Further review of Countv of Hawaii Code a detennination was made that Kona Aerials Gymnastics is considered to be an "amusement and recreation facility - indoor". 2. There are two water tanks that have been constructed makai of the agriculture warehouse, which supply water to the alleged bathroom facility located within the warehouse. There are no known building permits for these water tanks, nor are there permits for the alleged bathroom facility. OBSERVATION Per our inspectors observation of the excavated area with the flood channel, it appears that during the last flood, dirt and small aggregate material may have washed outside of the subject property through/under Queen Ka`ahumami Highway. This flood water traverses makai of Kuakini Highway through the Special Management Area and possibly enters the ocean waters. 1. Failure to stabilize the excavated portions within the flood channel from further deterioration along with the unstable condition of the area surrounding the flood channel may result with additional dirt and small aggregate material to leave the site and follow its course to the ocean. 2. This issue could be a similar situation of what had occurred possibly creating water runoff that entered into the ocean waters due to grading and grubbing work done on the property. VIOLATION Based on the site inspection conducted and report provided by our Planning Inspector, the Planning Director affirms that you are in violation of Ha« ai`i Revised Statute , and Chapter 2 Hawaii County (Zoning) Code ("HCC") for the following reasons: 1. 11RS §205-4.5 [(21)] (b), Uses not expressly permitted in subsection (a) shall be prohibited, [emphasis added] Daniel B. Bolton Janet T. Bolton November 27, 2020 Page 3 a. Amusement and Recreation Facility Indoor "Kona Aerials Gymnastics "is not listed as permitted uses in State Land Use Agriculture ("SLUA") District. 2. Chapter 25, Section 25-4-4 Hawai`i County (zoning) Code where it states: any use not listed among the permitted uses in a zoning district is a prohibited use within that district. 3. Chapter 25, Section 25-5-72(a), Permitted uses. a. Amusement Recreational Facility Indoor "Kona Aerials Gymnastics" is not listed as a permitted use. See Attachment A for provisions relevant to the above sections. ORDER You are hereby ordered to complete the following corrective action(s) at your own expense by the "Deadline Date" of December 31, 20120, unless otherwise noted: 1. Immediately cease and desist the operation of Kona Aerials Gymnastic which is located within the agriculture warehouse on the above referenced property. 2. Immediately relocate Kona Aerials Gymnastic to a district where an Amusement and Recreation Facility Indoor is listed as a pennitted use. 3. You are being assessed an initial civil fine of $500.00 for each of two (2) above listed violation of Chapter 25, HCC that have occurred on the subject property for a total of $1,000.00. 4. You are being assessed a Civil Fine of $5000.00 for violation FIRS 205-4.5. 5. The total civil fines assessed are $6.000.00. 6. If all of the above stated conditions of this Order are not met by the established "Deadline Date", an additional daily civil fine starting at $100.00 per day will be assessed for violation of Chapter 25, HCC beginning January 1, 2021, unless otherwise noted until all of the above conditions regarding the HCC have been satisfied and corrective action has been completed. See Attachment A for daily fines schedule. 7. This Order shall become final thirty (30) days after receipt of the Order. On or before the final date, any person(s) subject to this Order may appeal the Order. 8. Contact our Planning Inspector to arrange a date and time on or before the deadline date to have the property inspected to verify compliance. Upon receipt of your letter and after our satisfactory review we may close the complaint process with no further action depending on the evidence that you provide to this office. You are further being notified that this Notice of Violations and Order is being forwarded to other Governmental Agencies for their review and actions. This matter may be referred to the Daniel B. Bolton Janet T. Bolton November 27, 2020 Page 4 Office of Corporation Counsel for civil remedy and or the Prosecuting Attorney's Office for criminal prosecution. Should you acquire the services of an attorney counsel representation then you are required to also submit a letter of consent with your response letter authorizing the County to correspond and respond to the attorney counsel representation. Should you have questions regarding completion of the Corrective Actions or payment of fines please contact Planning Inspector Mr. Horace Yanagi, and for questions regarding Hawaii County Zoning Code, please contact Planner Ms. Rosalind Newlon at the West Hawaii Office at 323-4770. Sincerely, MICHAEL YEE Planning Director HTY: hty:rl H Horac4•Hdn_Semet NOV Bolton 7-5-17 31,44 NOV gyin no% draft do,: Enclosure: County of Hawaii Board of Appeals General Petition for Appeal of Decisions by Planning Director Form Attachment A The following persons have been electronically copied. No hard copy to follow. Mr. Dwayne Inouye, Building Division, West Hawaii Office Mr. Wayne Saiki, Electrical Division, West Hawaii Office Mr. Steve Tossman, Plumbing Division, West Hawaii Office Ms. Sarah Little, Building Inspector, West Hawaii Office Mr. Dane Hiromasa, Department of Health Waste Water Branch Mr. Horace Yanagi, Planning Inspector Ms. Rebecca Villegas, Hawai'i County Council cc: Real Property Tax Office. West Hawaii Civic Center West Hawaii TANK File Attachment A Ilawai`i Revised Statutes 1. HRS §205-4.5 Permissible uses with the agricultural districts. a. The processing of aggregate material, an amusement and recreational facility, a Contractor's yard, and a Junkyard are not listed as permitted uses. 2. IIRS §205-12 Enforcement. The appropriate officer or agency charged with the administration of county zoning laws shall enforce within each county the use classification districts adopted by the land use commission and the restriction on use and the condition relating to agricultural districts under section 205-4.5 and shall report to the commission all violations 3. HRS §205-13 Penalty for violation. [(a)] Any person who violates any provision under section 205-4.5, or any regulation established relating thereto, shall be fined not more than $5,000, and any person who violates any other provision of this chapter, or any regulation established relating thereto, shall be fined not more than $1,000. [(b)] If any person cited for a violation under this chapter fails to remove such violation within six months of such citation and the violation continues to exist, such person shall be subject to a citation for a new and separate violation. There shall be a fine of not more than $5,000 for any additional violation. [(c)] Prior to the issuance of any citation for a violation, the appropriate enforcement officer or agency shall notify the violator and the mortgagee, if any, of such violation, and the violator or the mortgagee, if any, shall have not more than sixty days to cure the violation before citation for a violation is issued. Chapter 25, liawai`i County (Zoning) Code 1. Section 25-4-4, Uses Prohibited. • "Any use not listed among the permitted uses in a zoning district is a prohibited use within that district, except as otherwise provided in this chapter" 2. Section 25-5-72(a) Permitted uses in the Agriculture District a. Amusement and recreational facility indoor is not listed as a permitted use. 3. Chapter 25, Section 25-1-5 definition. (b) "Amusement and recreation facility, indoor" means an establishment providing indoor amusement or recreation. Typical uses include: martial arts studios; billiard and pool halls; electronic and coin -operated game rooms; bowling alleys; skating rinks; health and fitness establishments; indoor tennis, handball and racquetball courts; auditoriums; theaters; and indoor archery and shooting ranges. FINES Resolution of this Notice of Violation and Order requires completion of all Corrective Actions and payment in full of all civil fines. Pay all fines due to this office to: County of Hawaii Planning Department 74-5044 Ane Keohokalole Hwy Kailua-Kona, Hawaii 96740 Cashier's checks or money orders shall be made payable to Director of Finance. Personal checks are not accepted. GENERAL INFORMATION What happens if you do not correct the violation? A violation that is not corrected by the "Deadline Date" unless otherwise noted is accessed daily fines starting at $100 per day beginning the day after the "Deadline Date" unless it is a recurring violation (see table below). After 3 months the fine increases to S200 pur day, after 6 months to $300 per day, after 9 months to $500 per day until the case is resolved. It is in your best interest to correct this problem before or on the "Deadline Date" as indicated above 1. Daily Fines: According to County of Hawaii Planning Department Rules of Practice and Procedure Rule 9-5(d): When a violation is not corrected by the deadline set by the order, the Director may assess additional fines to a maximum of $500 for each day that the violation remains uncorrected in accordance with the following schedule: DAILY FINES FIRST AFTER AFTER AFTER FOR VIOLATION 3 MOS. 3RD %10. 6TH MO. 9TH MO. Initial violation $100 $200 $300 $500 First Recurrence $200 $300 $400 $500 Second Recurrence $300 $400 $500 Third Recurrence $400 $500 2. Fourth and subsequent recurrences will be assessed $500 per day of additional daily fines from the date that the violation was to cease as set forth in the order. APPEAL Can you appeal this Notice of Violation? 1. Yes. In accordance with Section 6-9.2 (a) of the Hawaii County Charter, the Board of Appeals is authorized to hear and determine any appeal from the final decisions of the planning director. 2. An appeal shall be in writing, in the form prescribed by the Board of Appeals and shall specify the person's interest in the subject matter of the appeal and the grounds of the appeal. A filing fee of $250 shall accompany any such appeal. The person appealing a decision of the director shall provide a copy of the appeal to the director and to the owners of the affected property and shall provide the Board of Appeals with the proof of service. 3. The appellant, landowner(s) if not the appellant, and the director shall be parties to an appeal. Other persons may be admitted as parties to an appeal, as permitted by the Board of Appeals. 4. For your convenience, we have enclosed the "County of Hawaii Board of Appeals General Petition for Appeal of Decisions by Planning Director" form. Address the Appeal to: Board of Appeals 101 Pauahi Street, Room 3 Hilo, HI 96720 Due Date for Appeal: The appeal must be received within thirty (30) calendar days from the date of receipt of this Notice of Violation and Order. An appeal to the Board of Appeals shall not stay the provisions of the Director's "Order" pending the final decision of the Board of Appeals The appeal must be made in accordance with the Board of Appeals Rules of Practice and Procedures or it may result in the dismissal of the appeal. What happens if I lose my appeal? 1. The assessment and accumulation of fines does not stop when you file for an appeal. If the Board of Appeals denies your appeal then you will be required to pay your fines from the day the fines began to the date the violation(s) has been corrected which must be verified by the Planning Department. 2. You may also take corrective action as described in this letter and stop the daily fines, while appealing. If you do not take corrective action, daily fines will continue to accrue incrementally. Can you get a time extension to have more time to correct the violation? Yes. Provided you comply with the conditions stated below. If you do not complete your corrective actions by the "Deadline Date", you may want to submit before the "Deadline Date" a "request for a time extension." The request must include the following conditions: a. Describe in detail what corrective actions you have completed prior to requesting this time extension. b. A time extension will not be granted if you do not provide in detail what corrective actions have been completed prior to the deadline date. This is to include a statement that all of the unpermitted non agriculture businesses occurring on the above referenced property has ceased. c. A time extension will not be granted to allow for any violations on the above referenced property to continue. d. The mere submission of a time extension request will not guarantee the approval for the request nor does it extend your right to appeal. Mitchell D. Roth &ravor Lee E. Lord dlanaging Director West Hawat`i Office 74-5044 Ane KeohoUl tole Hv,_, KLilua-Kona, Hawan 9674e) Phone (808) 323-4770 Fax (808) 327-3563 February 12, 2021 CERTIFIED MAIL 7019 2280 0002 0137 0389 Daniel B. Bolton Janet T. Bolton P.O. Box 898 Kailua Kona, Hawaii 96740 Dear Mr. and Ms. Bolton: (Car,., Ca 9Ew'w.tl. t v 1 13L Eel .wa i l l W PLA-NNl, G TDEPARTWNT Zendo Kern Director Jeffrey W. Darrow Deputy Director Fast Hawai't Olt -ice 101 Pauah± Strcei. Suite 3 Hilu, Kt�,ari 96720 Pl,"one (808) 961-8258 Fax (808) 961-8742 SUBJECT: Notice of Violation and Order Complaint: Processing of Aggregate Material on Agriculture Land TMK: (3) 7-5-017:044, Portion of Waiaha 1st to Puapuaanui 1st, North Kona Hawaii A site inspection was conducted on January 22, 2021 at approximately 0930 hrs. to confirm that Kona Aerials Gymnastics has complied with items 91 and 92 of the Notice of Violation and Order ("NOV") dated November 27, 2020, which is being restated: 1. Immediately cease and desist the operation of Kona Aerials Gymnastics which is located within the agriculture warehouse on the above referenced property. 2. Immediately relocate Kona Aerials Gymnastics to a district where an Amusement and Recreation Facility Indoor is listed as a permitted use. BACKGROUND Our initial investigation based on the complaint has revealed the following: 1. Subject Property: Tax Map Key Number (3) 7-5-017:044 2. Subject Address: 75-456 Hualdlai Road, Kailua Kona, Hawaii 3. Owner (RP'r record): Daniel Bolton and Janet T. Bolton 4. Lot Size: 23.73 acres 5. State Land Use: Agriculture (A) 6. County Zoning: Agricultural A -la (minimum 1 acre) Ntiww.olwitiina.hawaiicuunty sov Haival`i County is an Equal Opportunity Provider and Employer planning a hawaucounty.eov Planning Dept. Exhibit, ..._ Daniel B. Bolton Janet T. Bolton February 12, 2021 Page 2 FINDINGS Our Planning Inspectors Ms. Elizabeth Gillis and Mr. Horace Yanagi met with Mr. Bolton's Representative Ms. Christy A. Logan, PMP on January 22, 2021, at approximately 0930 hrs. They proceeded with the on -site inspection which revealed the following: 1. Kona Aerials Gymnastics continues to operate within the agriculture warehouse which is not in compliance with the NOV dated November 27, 2020. a. A Special Permit application has been submitted for review to the Planning Department. 2 During- the inspection, our inspectors observed another non -agriculture commercial enterprise "9 The WAHI Gym" has been established within the remaining portion of the agriculture warehouse building not occupied by Kona Aerials Gymnastics. a. This "gym" has been included in the Special Permit application identified only as C 'gym. 77 VIOLATION Based on the site inspection conducted and report provided by our Planning Inspectors, the Planning Director affirms that you are in violation of Hawaii Revised Statutes, and Chapter 25, Hawaii County (Zoning) Code ("HCC") for the following reasons: 1. HRS §205-4.5 (a), Permissible uses with the agricultural district a. Amusement and Recreation Facility Indoor "#The WAHI" is not listed as permitted uses in State Land Use Agriculture ("SLUA") District. 2. Chapter 25, Section 25-4-4 Hawai`i County (zoning) Code where it states: any use not listed among the permitted uses in a zoning district is a prohibited use within that district. 3. Chapter 25, Section 25-5-72(a), Permitted uses. a. Amusement Recreational Facility Indoor' The WAHI" is not listed as a permitted use. See Attachment A for provisions relevant to the above sections. 111 113-37 You are hereby ordered to complete the following corrective action(s) at your own expense by the "Deadline Date" of March 31, 2021, unless otherwise noted: 1. Immediately cease and desist the operation of #THE WAHI which is located within the agriculture warehouse on the above referenced property. Daniel B. Bolton Janet T. Bolton February 12, 2021 Page 3 2. Immediately relocate nTHE WAI3I to a district where an Amusement and Recreation Facility Indoor is listed as a permitted use or receive approval of a Special Permit. 3. You are being assessed an initial civil fine of $500.00 for each of two (2) above listed violations of Chapter 25, HCC that have occurred on the subject property for a total of $1,000.00. 4. You are being assessed a Civil Fine of $5000.00 for violation HRS 205-4.5. 5. The total civil fines assessed are $6.000.00. 6. If all the above stated conditions of this Order are not met by the established "Deadline Date", an additional daily civil fine starting at $100.00 per day will be assessed for violation of Chapter 25, HCC beginning November 1, 2020, unless otherwise noted until all the above conditions regarding the HCC have been satisfied and corrective action has been completed, as confirmed and verified by the Planning Department Inspectors. See Attachment A for daily fines schedule. 7. This Order shall become final thirty (30) days after receipt of the Order. On or before the final date, any person(s) subject to this Order may appeal the Order. 8. Contact our Planning Inspector to arrange a date and time on or before the deadline date to have the property inspected to verify compliance. Upon receipt of your letter and after our satisfactory review we may close the complaint process with no further action depending on the evidence that you provide to this office. You are further being notified that this Notice of Violations and Order is being forwarded to other Governmental Agencies for their review and actions. This matter may be referred to the Office of Corporation Counsel for civil remedy and/or the Prosecuting Attorney's Office for criminal prosecution. Should you acquire the services of an attorney/counsel representation then you are required to also submit a letter of consent with your response letter authorizing the County to correspond and respond to the attorney/counsel representation. Should you have questions regarding completion of the Corrective Actions or payment of fines, please contact Planning Inspector Mr. Horace Yanagi, and for questions regarding Hawaii County Zoning Code, please contact Planner Ms. Rosalind Newlon at the West Hawaii Office at 323-4770. Sincerely. ZENDO KERN Planning Director Daniel B. Bolton Janet T. Bolton February 12, 2021 Page 4 H`1'Y:hty:rl H.0 forace-1 Iilo Server'NOV,3olion 7-4;-17 31,44'NOV WiAHI';ncC Wahi NOV issuebloc Enclosure: County of IHawai'i Board of Appeals General Petition for Appeal of Decisions by Planning Director Form Attachment A Attachment B The following persons have been Electronically copied. No hard copy to follow. Ms. Maija Jackson, TA Planning Program Manager Ms. Rebecca Villegas, Hawaii County Council Mr. Dwayne Inouye, Building Division, West Hawaii Office Ms. Sarah Little, Building Inspector, West Hawaii Office Mr. Dane Hiromasa, Department of Health Waste Water Branch Mr. Horace Yanagi, Planning Inspector cc: Real Property Tax Office, West Hawaii Civic Center West Hawaii TMK File Attachment A Hawaii Revised Statutes 1. HRS §205-4.5 Permissible uses vNiih the agricultural districts. a. An amusement and recreational facility. is not listed as permitted uses. 2. HRS §205-12 Enforcement. The appropriate officer or agency charged with the administration of county zoning laws shall enforce within each county the use classification districts adopted by the land use commission and the restriction on use and the condition relating to agricultural districts under section 205-4.5 and shall report to the commission all violations 3. HRS §205-13 Penalty for violation. [(a)] Any person who violates any provision under section 205-4.5, or any regulation established relating thereto. shall be fined not more than $5.000. and anv person who violates anv other provision of this chapter. or anv regulation established relating thereto. shall be fined not more than $1,000. [(b)] If any person cited for a violation under this chapter fails to remove such violation within six months of such citation and the violation continues to exist, such person shall be subject to a citation for a new and separate violation. There shall be a fine of not more than $5,000 for any additional violation. [(c)] Prior to the issuance of any citation for a violation, the appropriate enforcement officer or agency shall notify the violator and the mortgagee, if any, of such violation, and the violator or the mortgagee, if any, shall have not more than sixty days to cure the violation before citation for a violation is issued. Chapter 25, Hawai`i County (Zoning) Code 1. Section 25-4-4, Uses Prohibited. • "Any use not listed among the permitted uses in a zoning district is a prohibited use within that district, except as otherwise provided in this chapter" 2. Section 25-5-72(a) Permitted uses in the Agriculture District • Amusement and recreational facility indoor is not listed as a permitted use. 3. Chapter 25, Section 25-1-5 definition. (b) "Amusement and recreation facility, indoor" means an establishment providing indoor amusement or recreation. Typical uses include: martial arts studios; billiard and pool halls; electronic and coin -operated game rooms: bowling alleys; skating rinks; health and fitness establishments; indoor tennis, handball and racquetball courts; auditoriums; theaters; and indoor archery and shooting ranges. FINES Resolution of this Notice of Violation and Order requires completion of all Corrective Actions and payment in full of all civil fines. Pay all fines due to this office to: County of Hawaii Planning Department 74-5044 Ane Keohokalole Hwy Kailua-Kona, Hawaii 96740 Cashier's checks or money orders shall be made payable to Director of Finance. Personal checks are not accepted. GENERAL INFORMATION What happens if you do not correct the violation? A violation that is not corrected by the "Deadline Date" unless otherwise noted is accessed daily fines starting at $100 per day beginning the day after the "Deadline Date" unless it is a recurring violation (see table below). After 3 months the fine increases to $200 per day, after 6 months to $300 per day, after 9 months to $500 per day until the case is resolved. It is in your best interest to correct this problem betore or on the "Deadline Date" as indicated above 1. Daily Fines: According to County of Hawaii Planning Department Rules of Practice and Procedure Rule 9-5(d): When a violation is not corrected by the deadline set by the order, the Director may assess additional fines to a maximum of $500 for each day that the violation remains uncorrected in accordance with the following schedule: DAILY FINES FIRST AFTER AFTER AFTER FOR VIOLATION 3 MOS. 3RD MO. 6TH MO. 9TH MO. Initial violation $100 $200 $300 $500 First Recurrence $200 $300 $400 $500 Second Recurrence $300 $400 $500 Third Recurrence $400 $500 2. Fourth and subsequent recurrences will be assessed $500 per day of additional daily fines from the date that the violation was to cease as set forth in the order. APPEAL Can you appeal this Notice of Violation? 1. Yes. In accordance with Section 6-9.2 (a) of the Hawaii County Charter, the Board of Appeals is authorized to hear and determine any appeal from the final decisions of the plannuig director. 2. An appeal shall be in writing, in the fonn prescribed by the Board of Appeals and shall specify the person's interest in the subject matter of the appeal and the grounds of the appeal. A filing fee of $250 shall accompany any such appeal. The person appealing a decision of the director shall provide a copy of the appeal to the director and to the owners of the affected property and shall provide the Board of Appeals with the proof of service. 3. The appellant, landowner(s) if not the appellant, and the director shall be parties to an appeal. Other persons may be admitted as parties to an appeal, as permitted by the Board of Appeals. 4. For your convenience, we have enclosed the "County of Hawaii Board of Appeals General Petition for Appeal of Decisions by Planning Director" form. Address the Appeal to: Board of Appeals 101 Pauahi Street, Room 3 Hilo, HI 96720 Due Date for Appeal: The appeal must be received within thirty (30) calendar days from the date of receipt of this Notice of Violation and Order. An appeal to the Board of Appeals shall not stay the provisions of the Director's "Order" pending the final decision of the Board of Appeals. The appeal must be made in accordance with the Board of Appeals Rules of Practice and Procedures or it may result in the dismissal of the appeal. What happens if I lose my appeal? The assessment and accumulation of fines does not stop when you file for an appeal. If the Board of Appeals denies your appeal then you will be required to pay your fines from the day the fines began to the date the violation(s) has been corrected which must be verified by the Planning Department. 2. You may also take corrective action as described in this letter and stop the daily fines, while appealing. If you do not take corrective action, daily fines will continue to accrue incrementally. Can you get a time extension to have more time to correct the violation? Yes. Provided you comply with the conditions stated below. 1. If you do not complete your corrective actions by the "Deadline Date", you may want to submit before the "Deadline Date" a `'request for a time extension." The request must include the following conditions: • Describe in detail what corrective actions you have completed prior to requesting this time extension. • A time extension will not be granted if you do not provide in detail what corrective actions have been completed prior to the deadline date. This is to include a statement that all of the unpermitted non agriculture businesses occurring on the above referenced property has ceased. • A time extension will not be Granted to allow for anv violations on the above referenced property to continue. • The mere submission of a time extension request will not guarantee the approval for the request nor does it extend your right to appeal. Attachment B The Sign for #THE WAHI. The 4 names on each corner represents different business operating under the WAHI Gym equipment ar'v w Mitchell D. Roth ,��y Ramzi 1. Mansour Mayor ,: Director Lee E. Lord '�4 .`�'`'►� Brenda D. lokepa-Moses Managing Director Deputy Director County of Hawaii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao'a Street, Suite 41 • Hilo, Hawai'i 96720 Ph: (808) 961-8083 • Fax: (808) 961 8086 Email: cohdem@hawaiicounty.gov COH PLANNING DEPT JUN 22 2021 PM3:08 MEMORANDUM REC'D HAND DELIVERED TO: Zendo Kern, Director Planning Department FROM: Ramzi I. Mansour, irecto )(Department of Enviro Management DATE: June 21, 2021 SUBJECT: Special Permit Application (SPP 21-00227) Applicant: Kona Aerial Gymnastic Team Inc. Request: To Legitimize the Operation of a Youth Gymnastic and Sports Fitness Facility Tax Map Key: (3) 7-5-017:044 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. ( ) 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 S County of Hawai'i is an Equal Opportunity Provider and Employer 142560 Ramzi I. Mansour, Director June 21, 2021 Page 2 The Wastewater Division has reviewed the subject application and offers the following comments and/or recommendations (contact the Wastewater Division for details): ( ) No comments. ( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 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 then applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require, which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. ( X) Other: Applicant may be required to provide a dry sewer line or connect as the DEM Director may reasonably require. RM plc Mitchell D. Roth Major �4 � Lee E. Lord Managing Director Coullty of'abjat`t HAWAVI FIRE DEPARTMENT 25 Aupuni Street . Suite 2501 • Hilo, I1a%ai`i 96720 (808) 932-2900 • Fax (808) 932-2928 June 22, 2021 TO: ZENDO KERN, PLANNING DIRECTOR FROM: KAZUO S.K.L TODD, FIRE CHIEF Kazuo S.K.L. Todd Fire Chief COH PLANNING DEPT JUN 22 2021 pm4:11 SUBJECT: Special Permit Application: SPP 21-000227 Applicant. Kona Aerial Gymnastic Team Inc. Request. To Legitimize the Operation of a Youth Gymnastic and SpoREG'D BY EMAIL Fitness Facility Tax Map Key: (3) 7-5-017:044 In regards to the above -mentioned Special Permit application, the following shall be in accordance. NFPA 1, UNIFORM FIRE CODE, 2006 EDITION Note: Hawai 'i State Fire Code, National Fire Protection Association 2006 i'ersion, ivith Counh, of 11awai 'i amenchnentc. Colony amendments are identified with a preceding "C—" of the r(ference code. Chapter 18 Fire Department Access and Water Supply 18.1 General. Fire department access and water supplies shall comply with this chapter. For occupancies of an especially hazardous nature, or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, or areas where there is an inadequate fire flow, or inadequate fire hydrant spacing, and the AHJ may require additional safeguards including, but not limited to, additional fire appliance units, more than one type of appliance, or special systems suitable for the protection of the hazard involved. 18.1.1 Plans. 18.1.1.1 Fire Apparatus Access. Plans for fire apparatus access roads shall be submitted to the fire department for review and approval prior to construction. 18.1.1.2 Fire Ilydrant Systems. Plans and specifications for fire hydrant systems shall be Submitted to the fire department for review and approval prior to construction. Planning Dept. 0.1WA/1 Exhibit Hawat'i County is an Equal Opporhnnty I'muder and Emph)yer 142565 Zendo Kern June 22, 2021 Page 2 C-- 18.1.1.2.1 Fire Hydrant use and Restrictions. No unauthorized person shall use or operate any Fire hydrant unless such person first secures permission or a permit from the owner or representative of the department, or company that owns or governs that water supply or system. Exception: Fire Department personnel conducting firefighting operations, hydrant testing, and/or maintenance, and the flushing and acceptance of hydrants witnessed by Fire Prevention Bureau personnel. 18.2 Fire Department Access. 18.2.1 Fire department access and fire department access roads shall be pro' ided and maintained in accordance with Section 18.2. 18.2.2* Access to Structures or Areas. 18.2.2.1 Access Box(es). The AHJ shall have the authority to require an access box(es) to be installed in an accessible location where access to or within a structure or area is difficult because of security. 18.2.2.2 Access to Gated Subdivisions or Developments. The AHJ shall have the authority to require fire department access be provided to gated subdB isions or de%elopments through the use of an approved device or system. 18.2.2.3 Access Maintenance. The owner or occupant of a structure or area. with required fire department access as specified in 18.2.2.1 or 18.2.2.2, shall notify the AHJ when the access is modified in a manner that could prevent fire department access. 18.2.3 Fire Department Access Roads. (*may be referred as FDAR) 18.2.3.1 Required Access. 18.2.3.1.1 Approved fire department access roads shall be provided for every facility, building, or portion of a building hereafter constructed or relocated. 18.2.3.1.2 Fire Department access roads shall consist of roadways, fire lanes, parking lots lanes, or a combination thereof. 18.2.3.1.3* When not more than two one- and two-family dwellings or private garages, carports, sheds, agricultural buildings, and detached buildings or structures 400ft2 (37 m2) or less are present, the requirements of 18.2.3.1 through 18.2.3.2.1 shall be permitted to be modified by the AHJ. Zendo Kern June 22, 2021 Page 3 18.2.3.1.4 When fire department access roads cannot be installed due to location on property, topography, waterways, nonnegotiable grades, or other similar conditions, the AHJ shall be authorized to require additional fire protection features. 18.2.3.2 Access to Building. 18.2.3.2.1 A fire department access road shall extend to within in 50 ft (15 m) of at least one exterior door that can be opened from the outside that provides access to the interior of the building. Exception: 1 and 2 single-family dwellings. 18.2.3.2.1.1 When buildings are protected throughout with an approved automatic sprinkler -• system that is installed in accordance with NFPA 13, NFPA 131), or NFPA 13R, the distance in 18.2.3.2.1 shall be pennitted to be increased to 300 feet. 18.2.3.2.2 Fire department access roads shall be provided such that any portion of the facility or any portion of an exterior wall of the first story of the building is located not more than 150 ft (46 in) from fire department access roads as measured by an approved route around the exterior of the building or facility. 18.2.3.2.2.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13, NFPA 13D, or NFPA 13R, the distance in 18.2.3.2.2 shall be permitted to be increased to 450 ft (137 m). 18.2.3.3 Multiple Access Roads. Nlore than one fire department access road shall be provided when it is determined by the AHJ that access by a single road could be impaired by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access. 18.2.3.4 Specifications. 18.2.3.4.1 Dimensions. C— 18.2.3.4.1.1 FDAR shall have an unobstructed width of not less than 20ft with an approved turn around area if the FDAR exceeds 150 feet. Exception: FDAR for one and two family dwellings shall have an unobstructed width of not less than 15 feet, with an area of not less than 20 feet wide within 150 feet of the structure being protected. An approved turn around area shall be provided if the FDAR exceeds 250 feet. C— 18.2.3.4.1.2 FDAR shall have an unobstructed vertical clearance of not less then 13ft 6 in. C— 18.2.3.4.1.2.1 Vertical clearances may be increased or reduced by the AHJ, provided such increase or reduction does not impair access by the fire apparatus, and approved signs are installed and maintained indicating such approved changes. Zendo Kern June 22, 2021 Page 4 18.2.3.4.1.2.2 Vertical clearances shall be increased when vertical clearances or widths are not adequate to accommodate lire apparatus. C— 18.2.3.4.2 Surface. Fire department access roads and bridges shall be designed and maintained to support the imposed loads (25 Tons) of the fire apparatus. Such FDAR and shall be comprised of an all-weather driving surface. 18.2.3.4.3 Turning Radius. C— 18.2.3.4.3.1 Fire department access roads shall ha-, c a minimum inside turning radius of 30 feet, and a minimum outside turning radius of 60 fret. 18.2.3.4.3.2 Tuns in fire department access road shall maintain the minimum road width. 18.2.3.4.4 I)ead Ends. Dead-end fire department acceti� roads in excess of 150 ft (46 m) in length shall be provided with approved provisions for the fire apparatus to turn around. 18.2.3.4.5 Bridges. 18.2.3.4.5.1 When a bridge is required to be used as part of a fire department access road, it shall be constructed and maintained in accordance with county requirements. 18.2.3.4.5.2 The bridge shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. 18.2.3.4.5.3 Vehicle load limits shall be posted at both entrances to bridges where required by the AHJ. 1.8.2.3.4.6 Grade. C— 18.2.3.4.6.1The maximum gradient of a Fire department access road shall not exceed 12 percent for unpaved surfaces and 15 percent for paved surfaces. In areas of the FDAR where a Fire apparatus would connect to a Fire hydrant or Fire Department Connection, the maximum gradient of such area(s) shall not exceed 10 percent. 18.2.3.4.6.2* The angle of approach and departure for any means of fire department access road shall not exceed 1 ft drop in 20 ft (0.3 m drop in 6 m) or the design limitations of the fire apparatus of the fire department, and shall be subject to approval by the AHJ. 18.2.3.4.6.3 Fire department access roads connecting to roadways shall be provided with curb cuts extending at least 2 ft (0 61 m) beyond each edge of the fire lane. Zendo Kern June 22, 2021 Page 5 18.2.3.4.7 Traffic Calming Devices. The design and use of traffic calming devices shall be approved the AHJ. 18.2.3.5 Marking of Fire Apparatus Access Road. 18.2.3.5.1 Where required by the AHJ, approved signs or other approved notices shall be provided and maintained to identify fire department access roads or to prohibit the obstruction thereof of both 18.2.3.5.2 A marked fire apparatus access road shall also be l noN, n as a fire lane. 18.2.4* Obstruction and Control of Fire Department Access Road. 18.2.4.1 General. 18.2.4.1.1 The required width of a fire department access road shall not be obstructed in any manner, including by the parking of vehicles. 18.2.4.1.2 Minimum required widths and clearances established under 18.2.3.4 shall be maintained at all times 18.2.4.1.3* Facilities and structures shall be maintained in a manner that does not impair or impede accessibility for fire department operations. 18.2.4.1.4 Entrances to fire departments access roads that have been closed with gates and barriers in accordance with 18.2.4.2.1 shall not be obstructed by parked vehicles. 18.2.4.2 Closure of Accessways. 18.2.4.2.1 The AHJ shall be authorized to require the installation and maintenance of gates or other approved barricades across roads, trails, or other accessways not including public streets, alleys, or highways. 18.2.4.2.2 Where required, gates and barricades shall be secured in an approved manner. 18.2.4.2.3 Roads, trails, and other access ways that have been closed and obstructed in the manner prescribed by 18.2.4.2.1 shall not be trespassed upon or used unless authorized by the owner and the AHJ. 18.2.4.2.4 Public officers acting within their scope of duty shall be permitted to access restricted property identified in 18.2.4.2.1. Zendo Kern June 22, 2021 Page 6 18.2.4.2.5 Locks, gates, doors, barricades, chains, enclosures, signs, tags, or seals that have been installed by the fire department or by its order or under its control shall not be removed, unlocked, destroyed, tampered with, or otherwise vandalized in any manner. 18.3 Water Supplies and Fire Hydrants 18.3.1* A water supply approved by the county, capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities or buildings, or portions thereof, are hereafter constructed, or moved into or within the county. When any portion of the facility or building i,, in excess of 150 feet (45 720 mm) from a water supply on a fire apparatus access load, as measured by an approved route around the exteiioi of the facility or building, on - site hie hydrants and mains capable of supplying the iequiied file flow shall be provided when required by the AHJ. For on -site fire hydrant requirements see section 18.3.3. EXCEPTIONS: 1. When facilities or buildings, or portions thereof, are completely protected with an approved automatic fire sprinkler system the provisions of section 18.3.1 may be modified by the AHJ. 2. When water supply requirements cannot be installed due to topography or other conditions. the AHJ may require additional fire protection as specified in section 18 3.2 as amended in the code. 3. When there are not more than two dwellings, or two private garage, carports, sheds and agricultural. Occupancies, the requirements of section 18.3.1 may be modified by AHJ. 18.3.2* Where no adequate or reliable water distribution system exists, approved reservoirs, pressure tanks, elevated tanks, fire department tanker shuttles, or other approved systems capable of providing the required fire flow shall be permitted. 18.3.3* The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on a fire apparatus access road on the site of the premises or both, in accordance with the appropriate county water requirements. 18.3.4 Fire Hydrants and connections to other approved water supplies shall be accessible to the fire department. 18.3.5 Private water supply systems shall be tested and maintained in accordance with NFPA 25 or county requirements as determined by the AHJ. 18.3.6 Where required by the AHJ, fire hydrants subject to vehicular damage shall be protected unless located within a public right of way. Zendo Kern June 22, 2021 Page 7 18.3.7 The AHJ shall be notified whenever any fire hydrant is placed out of service or returned to service. Owners of private property required to have hydrants shall maintain hydrant records of approval, testing, and maintenance, in accordance with the respective county water requirements. Records shall be made available for review by the AHJ upon request. C— 18.3.8 Minimum water supply for buildings that do not meet the minimum County water standards: Buildings up to 2000 square feet, shall have a minimum of 3,000 gallons of water available for Firefighting. Buildings 2001- 3000 square feet, shall have a minimum of 6,000 gallons of water available fo► Firefighting. Buildings, 3001- 6000 square feet, shall have a minimum of 12,000 gallons of water available for Firefighting. Buildings, greater than 6000 square feet, shall meet the minimum County water and fire flow requirements. Multiple story buildings shall multiply the square feet by the amount of Stories when determining the minimum water supply. Commercial buildings requiring a minimum fire flow of 2000gpm per the Department of Water standards shall double the minimum water supply reserved for firefighting. Fire Department Connections (FDC) to alternative water supplies shall comply with 18.3.8 (1)- (6) of this cock. NOTE: in that eater catchment systems are being used as a means of water supple for firefighting, such systems shall meet the following requirements: l) In that a single water tank is used for both domestic and firefighting water, the water for domestic use shall not be capable of being drawn from the water reserved for firefighting; 2) Minimum pipe diameter sizes from the water supply to the Fire Department Connection (FDC) shall be as follows: a) 4" for C900 PVC pipe; b) 4" for C906 PE pipe; c) 3" for ductile Iron: d) 3' for s=alvanired steel. Zendo Kern June 22, 2021 Page 8 3) The Fire Department Connection (FDC) shall: a) be made of galvanized steel; b) have a gated valve with 2-1/2 inch, National Standard Thread male fitting and cap; c) be located between 8 ft and 16 ft from the Fire department access. The location shall be approved by the AHJ; d) not be located less than 24 inches, and no higher than 36 inches from finish grade, as measured from the center of the FDC orifice; e) be secure and capable of withstanding drafting operations. Engineered stamped plans may be required; f) not be located more than 150 feet of the most remote part, but not less than 20 feet, of the structure being protected, g) also comply with section 13.1.3 and 18.2.3.4.6.1 of tkis c.odi- 4) Commercial buildings requiring a fire flow of 2000gpm shall be provided with a second FDC. Each FDC shall be independent of each other, with each FDC being capable of flowing 500gpm by engineered design standards. The second FDC shall be located in an area approved by the AHJ with the idea of multiple Fire apparatus'conducting drafting operations at once, in mind. 5) Inspection and maintenance shall be in accordance to NFPA 25. 6) The owner or lessee of the property shall be responsible for maintaining the water level, quality, and appurtenances of the system. EXCEPTIONS TO SECTION 18.3.8: 1) Agricultural buildings, storage sheds, and shade houses with no combustible or equipment storage. 2) Buildings less than 800 square feet in size that meets the minimum Fire Department Access Road requirements. 3) For one and two family dwellings, agricultural buildings, storage sheds, and detached garages 800 to 2000 square feet in size, and meets the minimum Fire Department Access Road requirements, the distance to the Fire Department Connection may be increased to 1000 feet. 4) For one and two family dwellings, agricultural buildings, and storage sheds greater than 2000square feet, but less than 3000 square feet and meets the minimum Fire Department Access Road requirements, the distance to the Fire Department Connection may be increased to 500 feet. Zendo Kern June 22, 2021 Page 9 5) For buildings with an approved automatic sprinkler system, the minimum water supply required may be modified. If there are any questions regarding these requirements, please contact the Fire Prevention Bureau at (808) 932-2911. F Kazuo S.K.L. Todd Fire Chief RH:ds DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAVI 345 KEKUANAO'ASTREET, SUITE 20 HILO, HAWAI'I 96720 TELEPHONE (808) 961-8050 • FAX (808) 961-8657 ,)Line 17. 2021 COH PLANNING DEPT JUN 18 2021 PM2:28 REC'D HAND DELIVERED TO: Mr. Lend} Kern, Director Planning Department FRO%I: Keith K. Okamoto, Manager —Chief Engineer SUBJECT: Special Permit Application (SPP 21-000227) Applicant — Kona Aerial Gymnastic Team Inc. Request _., To Legitimize the Operation of a Youth Gymnastic and Sports Fitness Facility Tax Map Key 7-5-017:044 We have reviewed the subject application and have the following comments and conditions Water can be made available from an existing 8-inch waterline within 1-lual5lai Road. Please be informed that there are four (4) units ofwater assigned to the to the subject parcel. For your information, one (1) unit of water is equal to an average usage of 400 gallons per day (GPD), which is the estimated average daily usage for a single-family dwelling. The Department requests that the applicant submit estimated maximum daily water usage calculations for the proposed uses, prepared by a professional engineer licensed in the State of Hawaii, for review and approval. The water usage calculations should include the estimated peak flow in gallons per minute (GPM) and the total estimated maximum daily water usage in GPD. After review of the calculations, the Department will determine the appropriate service lateral and meter size required. Based on the proposed land use, a reduced pressure type backflow prevention assembly would have to be installed on private property within five (5) feet of the existing/proposed meter (if one does not already exist). The installation of the backflow prevention assembly must be inspected and approved by the Department before commencement/continuation of water service. Please be informed that the existing 8-inch waterline within Hualalai Road is inadequate to provide 2,000 GPM of lire protection, as required per our Water System Standards for the proposed type of land use. The applicant should contact the Fire Department to determine any other fire protection requirements or alternatives. 11anning Dept. Exhibit :_ lt1ater, Our Wost (Precious (Fgsource ... Ka WaiA one ... 142576 The Department of Water Supply is an Equal Opportunity provider and employer x Mr. 7endo Kern. Director Noe ? June 17. 2021 Should there be an} questions, please contact Mr. Troy Samara of' our Xkater ResOul'ces and Planning Branch at 961-8070, extension 255. Sincerely yours, W4,"* Keith K. Okamoto, '.l . Manager —Chief Engineer TS:dfg copy- Kona Aerial Gymnastic Team Inc. COH PLANNING DEPT JUN 30 2021 Am10:03 DEPARTMENT OF PUBLIC WORKS - TRAFFIC DIVI&M HAND DELIVERED COUNTY OF HAWAII PLAN REVIEW C()NIMENT SKEET Memorandum No. 2021 - 1246 To: Jeffrey harrow, Deputy Planning Director From: Traffic Division Subdivision/Project: Subdivision/Project No: SIGNS/MARKINGS: 21 1. R. Mangaoang ❑ No Review ❑ Other Comments Date Received: 6/9/2021 Date Transmitted: 6/29/2021 Special Permit Application for Kona Aerial Gymnastic Tean, Inc. SPP 21-000227 TMK: (3) 7-5-017:044 Review Date: 6/21/2021 See Attached Comments No Comments Initial: Comments on Plan/Sketch 2. K. Pacheco Review Date: 6/25/2021 Initial: ❑ No Review + ' See Attached Comments C Comments on Plan/Sketch 1 Other Comments No Comments See Comment on conceptual plan. See attached street lights notes STREET LIGHTS/TRAFFIC SIGNALS: 3. M. Tebbakh Review Date: No Review ❑ See Attached Comments ❑ Other Comments ❑ No Comments Initial: 1 Comments on Plan/Sketch EV3 4. K.Higaki/D. Calicdan Review Date: _6/24/2021 Initial: ❑l No Review ;� See Attached Comments ❑ Comments on Plan/Sketch r--? Other Comments � No Comments ❑ 5. J. Patao/7. Peters ❑ No Review ❑ Other Comments ADMINISTRATION: 6. A. Takaba No Review Review Date: See Attached Comments No Comments Review Date: 6/29/2021 See Attached Comments Initial: Comments on Plan/Sketch Initial: Ll Comments on Plan/.Sketch ❑ Other Comments IV No Comments Planning Dept. c..L,:Ab:96 9 Traffic Division 6/25/2021 Street Light Notes: NEW INSTALLATIONS: 1. Submit scaled plans showing street light locations and details of fixture mounting, luminaire type, arm length, and identification tags. For underground circuits, foundations, bases, and poles, approved construction drawings shall be submitted to the Traffic Division prior to the start of construction. 2. To energize the street lights in a subdivision with two (2) or more street lights, the developer shall set up an account with HELCO and provide street names, pole numbers, GPS coordinates, wattages, and billing address. A copy of the street light information shall be provided to the Traffic Division for inspection purposes. Until the roads are officially dedicated to the County, the developer shall be responsible for the pertinent energy costs. After dedication, energy billing shall be transferred to the County. 3. For proposed street lights, submit isoline drawings, showing the illumination within the project area. The street lighting illumination levels shall be calculated according to the most current edition of the AASHTO Roadway Lighting Design Guide or the ANSI/IES RP-8-14: Recommended Practice for Design and Maintenance of Roadway and Parking Facility Lighting. 4. All street light identification tag numbers for metal poles shall start with'T' and continue numerically along each street. Identification tags numbers shall be a Standard Highway font and have a height of3". All street light identification tag numbers for wooden poles shall be in accordance with HELCO's sequential numbering system. 5. Any proposed changes to the approved plans shall require proper justification from the developer/consultant/contractor, and submittal of updated drawings to the Traffic Division for final approval. 6. For construction in -progress, the developer/contractor shall direct inquiries and coordinate inspection requests with the Traffic Division's inspectors. 7. For final street light inspections, the developer/contractor shall contact the applicable government agency to schedule inspections with the Traffic Division. 8. Allow for a 3-day minimum lead time on all inspection requests. 9. "As -Built" plans shall be furnished by the developer to the Traffic Division, at the completion of all street light projects. EXISTING POLE INSTALLATIONS (JOINT POLE): Joint Pole is the use of an existing HELCO wooden pole by attaching a street light fixture for the roadway. The roadway is either owned by the County or being constructed with the intent of being dedicated to the County. Page 1 of 5 The contractor/developer is responsible to install the street light fixtures on the wooden poles after the County completes the Joint Pole application process with HELCO. To initiate the Joint Pole application process, the contractor/developer shall provide the Traffic Division a set of final approved plans showing the location of the Joint Poles along with its HELCO 6 digit ID numbers and their contact information to coordinate the Joint Pole application process. 1. When street lights are to be installed on existing wooden utility poles within the County ROW, the Traffic Division shall be contacted in order to initiate the joint pole application process with HELCO. No street lights shall be installed until the pertinent joint pole applications have been approved. 2. Upon signed approval by the Traffic Division, street lights on existing wooden utility poles can be installed (4 maximum) by the Traffic Division at a cost of $2,500 per street light at the request of the contractor/developer. The contractor/developer is responsible for this cost and shall submit a check payable to the County, Director of Finance, along with the subdivision number, DPW folder number, TMK number, utility pole 6 digit ID numbers, and GPS coordinates. 3. When street lights are installed within the County ROW with existing street lights, the new street light installations shall conform to the existing adjacent street light configuration on that roadway. STREET LIGHTING ELECTRICAL PRACTICES: Inspections: The contractor/developer shall make prior arrangements with the Traffic Division for required inspections. Traffic Divisions hours of work are from 7:00 AM to 3:30 PM. Any inspections including travel time to/from Hilo that are beyond Traffic Divisions normal work hours is considered overtime. All overtime work for Traffic Division's inspectors shall be approved by the County prior to the inspection and all overtime cost shall be borne by the contractor/developer. 1. The Contractor shall provide all necessary secondary circuit extensions to the nearest HELCO secondary. If street lights are installed before HELCO installs their secondary, the contractor is responsible for coordinating and informing HELCO of street light locations and pole contacts. 2. The contractor shall inscribe the month and year of installation on photoelectric (PE) cells and lamps. All PEs shall have the north index facing north. 3. All overhead wired street light fixtures shall be bonded to the neutral wire in the fixtures. All bonded street light fixtures shall have a 2"X2" reflective green sticker placed at the base of the wire opening on the aluminum street light arms, signifying that the street lights are bonded. 4. All underground street light wiring shall have a #6 AWG (minimum) ground wire routed in series from the neutral ground source point to each street light ground rod for a street light fixture ground point. A ground test measurement should indicate a maximum of 25 ohms to ground. 5. A minimum 8'X5/8" copper ground rod shall be used for each street light foundation. Page 2 of 5 MATERIALS: 1. All labor and materials shall have a minimum one-year warranty from date of final acceptance. 2. Street light fixtures: Shall be compliant with the current edition of the County of Hawaii Outdoor Lighting Ordinance and approved by the Traffic Division. LED Luminaries: E2 Lighting: E2-H150-ST-35W-7PD-SF, 35 W E2-H150-ST-70W-7PD-SF, 70 W E2-H150-ST-85W-7PD-SF, 85 W 3. Photoelectric cells: Completely solid state, Fail "On", Fisher Pierce: FP-7790E-SPS 4. Aluminum Poles: Shall be approved by the FHWA and comply with the current edition of the AASHTO Street Lighting Standard Specifications for Structural Supports for Highway Signs, Luminaires, and Traffic Signals. The poles shall have the following: * 0.188" minimum wall thickness; * 12" pole mount -base bolt pattern; * Internal mounted vibration damper; * Arm length shall be per plan (see below); and * All exposed surfaces shall be powder coated gray finish (Any other finish shall be approved by the Traffic Division). Pole Types: Hapco: Single mast arm assembly Part# RTA30D8BFM1*-GC or approved equal. * Mast arm length is 8' or 10' Hapco: Single truss arm assembly Part# RTA30D8BFT1*-GC or approved equal. * Truss arm length is 12' or 15' 5. Anchor Bolts: Use galvanized steel anchor bolts. 6. Transformer Bases: Shall be approved by the FHWA and comply with the current edition of the AASHTO Break -Away Specifications. The transformer bases shall have the following: * Aluminum; All exposed surfaces shall be powder coated gray finish (any other finish shall be approved by the Traffic Division) and 14" foundation base bolt circle. Types: Hapco: 70501(TB1-17). Valmont: M093 (TB1-17). 7. Transformer Bases shall use leveling shims Hapco part # 51432-001 or approved equal. Leveling nuts can be used as approved by the Traffic Division. 8. Wooden Poles: * 35' in length; Page 3 of 5 • Southern Yellow Pine or Douglas Fir; • Class III; • Penta-treated per AWPA Use Category System, UC413; and • Commodity Specification D. 9. Wire: • #12-AWG RHW-stranded copper wire; • Size shall be per plan; and • White tape wrap denoting neutral shall be a minimum of 12" on the street light side and 4' on the secondary tapped (HELCO) side. REFERENCES: 1. When specific street light information is not covered is this document, refer to the HDOT 2008 Specifications, the 2005 Standard Plans, or contact the Traffic Division at 808-961-8341. *NOTE: ALL WORK SHALL CONFORM TO THE LATEST EDITION OF THE NATIONAL ELECTRICAL CODE (NEC). See below Street Light Standards for additional info https://www.dpw.hawaiicounty.gov/divisions/traffic/street-name-stop-sign-standards Page 4 of 5 lo It /Z 174-1 A B ianlrxu Implimirit I 1'u11m*04 Judo sliplonjitj pt,%41f 1:111iiiI it "I 1IV1'1:!,jj.q1 mf mllarl•ijmj I i:;il*i No 4 AM I snartd lutes I Iry otilmir III IIIN 1111 MIM"ZI, 116111;1IR11 NHII;X4hIt1 clifir)HI-1111 %11111111 N) fI AV1,11 Mu-MV.41 ;I Irsif s it. N 1 12 copper wire tit siju III (it Iii; ILSI) '111111JI zimi I sultablo V 1.111 El A'A'G stim dull ziliummim -.%iio (III irv: ti:xj tvid Nr 112 r-4VC tqy.(:, oil IjVgj mi.io I No 12 ?"K, 81 NY black, sudu conilut [tit s1rawkd v.iiitt Nii V AV; HI Mlwhifo qikjr; m0mvil 31rart4jr11vo13 ',T SL[t1hilt: II.' LIAIdUl i. arld blacitut 111up anchim -!xAl, ws,;(,4ubN- hirtmNA wid wswito'.1 'Noo-I it sto by rustump; by II Hp hy CIIAIIIII]PT, IT villimull; cluittaucu tut%X11,111 NJ 11U111 1411 1 i 1,114 11j1I1IV VYVjW LoII,IL&1r,Ij. It III)l V.1,%jI1ju su,rvit u dirt v s it, I Uiu utility , I ukpc! a sphotK; point ti%Iiich will prlkidu a pa's3apu bi It I I f,f! filoreli-12.Stre. fighlouglitorn an overhand electrical tree, deaft E LE ET=IL F ih- M ri- p- , ^- -'W .EFE II I Ek--ii, It t-jfl.ri # it 14, Eh: I E I r I-A,ki --I- ijqi- I HEL STREET LIGHT DETAIL STANDARD DETAILS COUNTY OF HAWAII Wooden Pole SL 7 Page 5 of 5 DAVID Y IGE STATE OF HAWAII DEPARTMENT OF HEALTH P. 0. BOX 916 HILO, HI 96721-0916 MEMORANDUM DATE: June 29, 2021 TO: Mr. Zendo Kern Planning Director, nCoounty of Hawaii FROM: Eric Hond/�' -- District Environmental Health Program Chief EUZABETH A. CHAR, M.D. w+--yr nc 1 In reply please rater to Fie COH PLANNING DEPT JUL 12021 PM3:02 REC'D HAND DELIVERED SUBJECT: Special Permit Application (SPP 21-000227) Applicant: Kona Aerial Gymnastic Team Inc. Request: To Legitimize the Operation of a Youth Gymnastic and Sports Fitness Facility TMK: 7-5-017:044 The applicant would need to meet the requirements of our Department of Health Air Pollution Rules, Chapter 60.1, Title 11, State of Hawaii for fugitive dust control. If there is need to discuss these requirements, please contact our Clean Air Branch staff at Ph. 933-0401. Wastewater Branch is unable to make comments to the proposed project at this time Before we can offer any comments, the applicant needs to address the following: The unapproved wastewater system indicated on this application. The only record we (DOH -Wastewater Branch) have is for this TMK is for a building permit application for metal building with no electrical or plumbing in 2019. The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the subject document on June 10, 2021. The CWB has reviewed the limited information contained in the subject document and offers the following comments: Permit Issuance * Any project and its potential impacts to State waters must meet the State's: 1) Antidegradation policy, which requires that the existing uses and the levelPiannin9 Dept. of water quality necessary to protect the existing uses of the receiving State water be maintained and protected; Exhibit 2) Designated uses, as determined by the classification of the receiving State waters; and 142777 Zendo Kern June 29, 2021 Page 2 of 4 3) Water quality criteria [Hawaii Administrative Rules (HAR), Chapter 1 1-541, * A Section 401 Water quality Certification (WQC) is required if your project/activity: - Requires a federal permit, license, certificate, approval, registration, or Statutory exemption; and - May result in a discharge into State waters. The term "discharge" is defined in Clean Water Act, Subsections 502(16), 502(12), and 502(6). Examples of "discharge" include, but are not limited to, allowing the following pollutants to enter State waters from the surface or in -water: solid waste, rock/sand/dirt, heat, sewage, construction debris, any underwater work, chemicals, fugitive dust/spray/paint, agricultural wastes, biological materials, industrial wastes, concrete/sealant/epoxy, and washing/cleaning effluent. Determine if your project/activity requires a federal permit, license, certificate, approval, registration, or statutory exemption by contacting the appropriate federal agencies (e.g. Department of the Army (DA), U.S. Army Corps of Engineers (COE), Pacific Ocean Division Honolulu District Office (POH) Tel: 808-835-4303; U.S. Environmental Protection Agency Tel: 415-947-8021; Federal Energy Regulatory Commission Tel: 866-208-3372; U.S. Coast Guard Office of Bridge Programs Tel: 202-372-1511). To request a Section 401 WQC, you must complete and submit the Section 401 WQC application. This application is available on the e-Permitting Portal website located at: fittptia/�lii �It�uci.l�>h.lt<«ti,ui `�t! ; �cru�il `. Please see HAR, chapter 11-54 for the State' Water Quality Standards and for more information on the Section 401 WQC. HAR, Chapter I 1-54 is available on the CWB website at: littp //health,haekaii Iv. National Pollutant Discharge Elimination System (NPDES) permit coverage is required for: -Storm water associated with construction activities for land disturbances of one (1) acre or more. Land disturbance includes, but is not limited to, clearing, grading, grubbing, excavation, demolition, uprooting of vegetation, equipment staging, and storage areas. -Storm water associated with industrial activities for facilities with Standard Industrial Classification Codes regulated in 40 CFR 122.26(b)(14)(i) through (ix) and (xi). -Storm water and certain non -storm water from a small Municipal Separate Storm Sewer System. -Discharges of water pollutants into State surface waters. Examples of these discharges include, but are not limited to, cooling water, hydrotesting waters, dewatering effluent, and process wastewater. Zendo Kern June 29, 2021 Page 3 of 4 Discharges from the application of pesticides (including pesticides, herbicides, fungicides, rodenticides, and various other substances to control pest) to State waters. An application for an NPDES individual permit must be submitted at least 180 calendar days before the commencement of the discharge or start of construction activities. To request and NPDES individual permit, you must complete and submit the NPDES individual permit application. This application is available on the e-Permitting Portal website located at: A Notice of Intent (NOI) for coverage under a specific NPDES general permit must be submitted at least 30 calendar days before the commencement of the discharge or start of construction activities. To request NPDES general permit coverage, you must complete and submit the NOI. The NOI is available on the e-Permitting Portal website located at: Please see HAR, Chapter 11-55 for more information on the NPDES individual permit and NPDES general permits. The specific NPDES general permits located in HAR, Chapter 11-55, Appendices B through M. HAR, Chapter 11-55 and HAR, Chapter 11-55, Appendices B through M are available on the CWB website at: • According to State law, all discharges related to the project construction or operation activities, whether or not NPDES permit coverage and/or Section 401 WQC are required, must comply with the State's Water [duality Standards. Monitoring Effluent discharge and/or receiving water monitoring may be required as conditions of Section 401 Water Quality Certifications and NPDES General and Individual permits. Enforcement • Noncompliance with water quality requirements contained in HAR, Chapter l 1-54 and/or permitting requirements specified in HAR, Chapter 11-55 may be subject to penalties of $25,000 per day per violation. • Violations of Hawaii Revised Statutes 342D and 342E may elicit administrative, civil and criminal penalties for such violations. Polluted Runoff Control • Manage projects identified in watershed -based plans that reduce polluted runoff Zendo Kern June 29, 2021 Page 4 of 4 and educate the public about nonpoint source pollution. Projects are selected through an annual request for proposals. Funding is provided by the EPA through the Clean Water Act. For more information on projects and funding opportunities, please visit: rz If you have any questions, please contact Ms. Joanne Seto, Supervisor of the Engineering Section, CWB, at (808) 586-4309.. Construction activities must comply with the provisions of Hawaii Administrative Rules, Chapter 11-46, "Community Noise Control." 1. The contractor must obtain a noise permit if the noise levels from the constriction activities are expected to exceed the allowable levels of the rules. 2. Construction equipment and on -site vehicles requiring an exhaust of gas or air must be equipped with mufflers. 3. The contractor must comply with the requirements pertaining to construction activities as specified in the rules and the conditions issued with the permit. Should there be any questions on this matter, please contact the Department of Health at 933- 0917. We recommend that you review all of the Standard Comments on our website: specifically applicable to - - Any comments s p pp his project should be adhered to. The same website also features a Healthy Community Design Smart Growth Checklist (Checklist) created by Built Environment Working Group (BEWG) of the Hawaii State Department of Health. The BEWG recommends that state and county planning departments, developers, planners, engineers and other interested parties apply the healthy built environment principles in the Checklist whenever they plan or review new developments or redevelopments projects. We also ask you to share this list with others to increase community awareness on healthy community design. 1959 1 OFFICE OF PLANNING STATE OF HAWAII 235 South Beretania Street, 6th Floor, Honolulu, Hawaii 96813 Mailing Address: P.O. Box 2359, Honolulu, Hawaii 96804 June 28. 2021 Jeffrey W. Darrow, Deputy Director Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Mr. Darrow: DAVID Y. IGE GOVERNOR MARY ALICE EVANS DIRECTOR OFFICE OF PLANNING Telephone: (808) 587-2846 Fax: (808) 587-2824 Web: http://planning.hawaii.gov/ DTS20210614228FE ROD CD+4 Pf.ANNiNUr' DEPT JUL a'21 PP0119 ;; D MAIL DELIVER4' Subject: Special Permit Application (SPP 21-000227) Applicant: Kona Aerial Gymnastic Team Inc. Request: To Legitimize the Operation of a Youth Gymnastic and Sports Fitness Facility Waiaha-Puapuaanui, Kailua-Kona Tax Map Key: (3) 7-5-017:044 (por.) Thank you for the opportunity to comment on the subject application. Background Kona Aerial Gymnastic Teain Inc. (Applicant) seeks to legitimize a youth gymnastic and sports fitness facility on a 2.3-acre (Project Site) portion of a 23.738-acre property (Property). The Applicant has been operating the youth gymnastics program in an existing agricultural warehouse on the Project Site. The Property is within the State Land Use Agricultural District and zoned A -la by the County. The gymnastic training and fitness facility are classified as an "amusement and recreation facility, indoor" Linder the County zoning code and is not a permitted use in either the County's agricultural zoning district or the State Land Use Agricultural District. Consequently, the Applicant seeks approval of a Special Permit under Hawaii County Code §25- 5-72 (c) (16) and Hawaii Revised Statutes § 205-6 for land areas 15 acres or less in size. Most of the adjacent parcels Surrounding the Property are also in the State Agricultural District. Soils on the Property and on surrounding agricultural parcels are unclassified under the Agricultural Lands of Importance to the State of Hawaii system and rated "D" in the Land Study Bureau's classification system. The Property is designated as "Urban Expansion" in the County's Land Use Pattern Allocation Guide and in the Kona urban area in the Kona Community Development Plan. The Pualani Estates subdivision is south of the Property, to the northwest is the Kona Hillcrest subdivision, and the HLialalai Colony is to the north-northeast. All three residential subdivisions Punning Dept. SCANNED JUL 0 7 2021 Exhibit l0 B,. H2_911 Mr. Jeffrey W. Darrow, Deputy Director June 28, 2021 Page 2 are in the State Land Use Urban District. The Property is outside of the Special Management Area. Project Description Kona Aerial serves 1,500 youth from the age of 2 years and older per year, with 150-200 students participating in 20 different classes a month. The Applicant proposes to share the existing agricultural warehouse built in 2019 with the Nakuwauna Foundation that operates an adult fitness, strength, and conditioning facilities. Also proposed are 38 gravel parking stalls. Access to the Project Site is from Hualalai Road, a county road, 700 feet east of the intersection of Hualalai Road and the State Queen Kaahumanu Highway. An existing gravel driveway provides access to the Project Site from Hualalai Road. Emergency access is provided by a paved, 10-foot wide drive along the southern boundary of the Project Site. (Figure 2 Conceptual Site Plan, Application pg. 6.) Kona Aerial's general hours of operation is M-F from 2pm-7:30pm, and Saturday from 8am-3pm. Operating hours during Applicant's summer program (May -August) are from 7:30am-3:30pm M/W/F and from 3pm-7pm T/Th. Kona Aerial offers recreational classes three days a week (T/Th/Sa) for eight age groups with approximately 8-12 students per class. Applicant also hosts team competitions four days a week (M/W/F/Sa) with a maximum of 40 competitors per workout. Kona Aerials has one full-time employee and six part-time workers. The Nakuwauna Foundation's sports fitness program operates from 6am-9pm M-F and from I Oam-5pm on Saturdays. The Foundation also offers fitness classes M-F at 8am and 5pm, and on Saturdays at I Oam. The maximum number of students in each class is 10. The fitness program draws 70 persons per day, with an average maximum of 17 users at any one time. The Nakuwauna Foundation is run by volunteers but will eventually have 2-3 employees. Notice of Violation On July 14, 2020, an inspector from the county Planning Department conducted a site inspection based on complaints received that aggregate material was being brought to the Property for processing. During the investigation, the non -agriculture commercial enterprise Kona Aerials Gymnastics was discovered operating in a portion of the agricultural warehouse on the Property. The inspection found, among other things, that Applicant's non-agricultural commercial operation in the agricultural building is not a permitted use and based on these findings, a Notice of Violation was issued on November 27, 2020. (Application, Exhibit B.) The inspector also observed that during the last flood '`dirt and small aggregate material CD may have washed outside of the property through/under Queen Kaahumanu Highway. The flood water traverses makai of Kuakini Highway through the Special Management Area and possibly enters the ocean waters." Mr. Jeffrey W. Darrow, Deputy Director June 28, 2021 Page 3 Office of Plannine Comments The Office of Planning ("OP") offers the following comments: l . The Applicant should develop a stormwater plan to contain runoff from the Project Site and prevent impacts to Queen Kaahumanu Highway and the Special Management Area. 2. The Applicant should consult with the State Department of Transportation Highways Division, Hawaii District regarding the project's potential traffic impacts to the intersection of Hualalai Road and Queen Kaahumanu Highway as well as measures to prevent stormwater runoff from the Project Site from impacting the State Highway. 3. The Applicant should confirm the total number of daily users of the warehouse building (including both gymnastics and fitness students) and whether the daily totals in Table 1 of the Application (pg. 8) includes participants in Kona Aerial's summer program. 4. The Applicant should clarify the principal access route to the Project Site. The angle of the parking stalls shown in Conceptual Site Plan (Figure 2) implies that access will be from secondary, "emergency" access driveway along the south border of the Project Site rather than from the access road fi•om Hualalai Road. 5. The Applicant should show the location of the 9.23-acre site for which the State Historic Preservation Division issued a "no -effect" letter (for the prior Special Permit application for aggregate and equipment storage) in relation to the current Project Site. 6. There should be a clear statement on current customary and traditional Native Hawaiian cultural practices on or in the vicinity of the Project Site consistent with the Hawaii Supreme Court in Ka Pa `akai O Ka Aina v. Land Use Commission (2000). The Ka Paakai analysis requires determining: a) The identity and scope of valued cultural and historical or natural resources in the petition area including the extent to which traditional and customary Native Hawaiian rights are exercised in the petition area; b) The extent to which those resources including traditional and customary Native rights will be affected or impaired by the proposed action; and c) The feasible action, if any, to be taken by the state to reasonably protect Native Hawaiian rights if they are found to exist. Mr. Jeffrey W. Darrow, Deputy Director June 28, 2021 Page 4 Thank you for the opportunity to provide these comments, Should you have any questions, please contact Aaron Setogawa at aaron.h.setogawaQhawaii.gov. Mahalo, Mary Alice Evans Director c. Land Use Commission West Hawaii Office Hawaii County Planning Department OD N r o m U-) Z O s C) O =� n11 w � 66ck+c 0 2 Z T 00 Z O tO atf m m 3 J W W = 0. i a 0 U. 3: WW0� g- x LL. O m LL. a O O C o Lu :q J ' • DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII Xema"O&M TO: Zendo Kern, Planning Director COH PLANNING DEPT JUL 7 2021 AH8:58 REC'D HAND DELIVERED DATE: July 6, 2021 FROM: Department of Public Works, Engineering Divisio 011� SUBJECT: SPECIAL PERMIT APPLICATION (SPP 21-000227) Applicant: Kona Aerial Gymnastic Team Inc. Request: To Legitimize the Operation of a Youth Gymnastic and Sports Fitness Facility TMK: 7-5-017:044 We have reviewed the subject request forwarded by your memo dated June 4. 2021 and provide the following: The subject parcel is in an area designated as Flood Zone X and AE 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. Flood Zone AE is the Special Flood Hazard Area inundated by the 100-year flood (1% chance of occurring in any given year). Figure 6 and 7 of the application, depicts the structure located within the Zone X area. The 60-feet wide roadway corridor that provides one of the access routes to this facility does cross through Flood Zone AE. Any work in Zone AE like the placement of gravel for maintenance would require either a "No -Rise Certification" or a CLOMR/LOMR, no matter the volume of material being moved. All development -generated runoff shall be disposed of on site and not directed toward any adjacent properties. A drainage plan may be required by the Plan Approval process in accordance with Section 25-2-72(3) of the Hawaii County Code. All activities shall comply with the requirements of Hawaii County Code (HCC), Chapter 10, Erosion and Sedimentary Control. Any construction within Hualalai Road right-of-way shall comply with HCC, Chapter 22, County Streets. Planning Dept. Questions may be referred to Robyn Matsumoto at 961-8924. Exhi i A I I UZU County of Hawaii is an Fq ual Opportunity Provider and Lmplo\ NLG\sNE D G\\E: DAVID 1. ICE _ / � G F S - "'Ngiy'•, CIIUW'fP41N P•!VIDDf LWU i'.V N\Tl7LLL REtIN T.t F\ 61'I\LRNOR()k HAWAII ;fir+o•\9 $g•� .}.� •� N: .L :I+I+ILSCIIrN DV N{IkRKEW RII t1ANU,IS11 \I 1 f • ., 4i, .' HI)IIEH'I' li. ,tl,\\1 II \ MSr In PPIN hj�� 1 1i r \I. hAI,1:U ,t1,\\L EL •s, t III YD)1'DUIk. IDR N'{r1R ,L 1 1 +{._- .�' b1:W %V Of RES,ON % YA.`E 5 CI Mile 1>SPM' (1.\ \V{Tf0. RF]f1UPt'E AI \Y.0 •EaRnT `. 1 t{'L�=�`'- & STATE OF HAWAII ('ILVSERVAI 1UN AND(T).ASIAL LAND'- C�)NCFR\'t f IDV A�'U RF'Sl1LRCF{ fAk'OR(l Alk V I EFCInELRLN(. DEPARTMENT OF LA,' ID AND NATURAL RESOURCES IUREsIRY AND WUILOT HIST(NII(: PRISMATN)N �I'1SN,a "lfx)LANE GLAND REiERVE MMItNOW L\S(I STATF HISTORIC PRFSFRVATION DIVISION St ITF P%R1.s KAKUHIHEWA BUILDING 601 KAMOKiLA BLVD, STE 555 KAPOLFi, FIAWAII 96707 July 6, 2021 IN REPLY REFER TO: Ikaika Rodenhurst, Director Project No. 2021 PR00720 Department of Public Works Doc. No. 2107JG03 County of Hawaii Archaeology 101 Pauahi Street, Suite 7 Hilo, 111 96720 Public works u,hawaucounty.t ov COH PLANNING DEPT R€L 19 2021 pm4:08 Dear Mr. Rodenhurst. SUBJECT: Chapter 6E42 Historic Preservation Reviei� County of Hawaii Special Permit Application for Kona Aerial Gymnastic Team Inc. Pua`a 2-3, Wai`aha 1 Ahupua`a, North Kona District, Island of Hawaii TMK: (3) 7-5-017:044 This letter provides the State Historic Preservation Division's (SHPD's) review of the subject application received by our office on June 21, 2021. The submittal included a County of Hawaii Planning Department Special Permit .Application, a copy of a County Background and Environmental Findings Report. a County of Ha%Naii Department of Finance Real Property Tax Clearance document, a copy of a Department of Public Works Form 33 that Is associated with a previous project (Log No. 2010.0757, Doc. No. 1003MD23), a County of Hawaii Planning Department Notice of Violation dated November 27, 2020, and previous SHPD correspondence associated with the subject parcel dated May 5, 2016 (Log No 2016.01088, Doc. No, 1605GCO2). The applicant, with permission from the landowners (Daniel Bolton and Janet Bolton), is requesting issuance of a County of Hawaii Special Permit Application. The application indicates that the proposed project will take place on a 2.3-acre portion of the 23.7380- acre parcel. Project Description The applicant proposes the operation of a youth gymnastic and sports fitness facility; the construction of a parking lot with 36 gravel -surface stalls and 2 ADA stalls; construction of bathroom facilities; and the reconstruction of an existing driveway (1,000 ft. by 12-15 fi. wide). A Secondary emergency access will be provided by a 10 ft. wide by 1,800 ft, long paved access road. The special permit application also indicates that no additional land clearing is proposed for the current project Findings A review of SHPD records indicates that no archaeological inventory survey (AIS) has been conducted, and that no historic properties have been identified within the subject parcel. The SHPD has previously made previous no historic properties affected determinations for several projects including: a grading permit for flood channel improvements on a portion of Parcel 044 (March 24. 2010, Log No. 2010.0757, Doc No. 1003MD23); a grading and stockpiling permit (May 22, 2006; Log No. 2006. 1602, Doc No. 0605MM01); an earlier stockpiling permit (February 11, 2015; Log No. 2015. 04139, Doc No. 1602SN09); and a special permit application (May 5, 2016; Log No. 2016.01088, Doc. No. 1605GCO2). Additionally, aerial imagery indicates that the current project area has been impacted by previous ground -disturbing activities associated with the development of the existing warehouse structure and the existing gravel access roads. Thus, it is unlikely that historic properties remain intact within the currently proposed project area. Planning Dept. SCANNED Exhibit l2' 7/20/2021 /'1 —\ r-% / A r n A A A Mr Rodenhur,t July 6, 2021 Pafle 2 Determination Based on the information provided SHPD's determination is no historic properties affected for the current project. Pursuant to HAR § 13-284-7(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 HRS 6E historic preservation revie\.k process is ended The Permit issuance process map proceed. Please attach to permit In the unlikely ct ent 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 Gastilo at (808) 933-7653 or at Joshua.gastilo[whawaii.gov for any questions or concerns regarding this letter Aloha, Alah Awhe1- Alan S. Downer, PhD Administratoi, S=ate Historic Preservation DL4i,,on Deputy State Historic Preservation Officer cc: Jessica Andrews, Jessica.Andrews,lebhawaiicountN gov LAND`* PLANNING HAWAII LLC August 13, 2021 Ms. Mary Alice Evans, Director Office of Planning State of Hawaii PO Box 2359 Honolulu, HI 96804 Dear Ms. Evans: 194 Wiwoole St. Hilo, HI 96720 (808) 333-3393 info@landplanninghawaii.com Subject: Response to Comments Regarding Special Permit Application (SPP 21-000227) for the Operation of a Youth Gymnastic and Sports Fitness Facility Applicant: Kona Aerial Gymnastics Waiaha-Puapuaanui, Kailua-Kona, North Kona, Hawaii, TMK: (3) 7-5-017: 044 Our office filed the subject application with the County of Hawaii Planning Department on behalf of the Applicant on May 7, 2021. The application seeks to legitimize a youth gymnastic and sports fitness facility on a 2.3-acre portion of the subject A -la zoned parcel by obtaining a Special Permit from the Planning Department. We received comments sent by your office to the Hawaii County Planning Department regarding the application and wish to address those comments here. 1. The Applicant should develop a stormwater plan to contain runoff from the Project Site and prevent impacts to Queen Kaahumantt Highway and the Special Management Area. The Applicant is agreeable to this condition. It is anticipated that Plan Approval and preparation of a drainage study will be required for the proposed use. There are currently two drywells installed in the Special Permit area (as shown on the site plan) that mitigate stormwater runoff. Additional drainage structures can be installed if required. 2. The Applicant should consult with the State Department of Transportation Highways Division, Hawaii District regarding the project's potential traffic impacts to the intersection of Hitalalai Road and Queen Kaahttmantt Highway as well as measures to prevent stormwater retnoff from the Project Site from impacting the State Highway. A request for consult has been mailed to the State Department of Transportation Highways Division, Hawaii District in accordance with this comment. 3. The applicant should confirm the total number of daily users of the warehouse building (including both gymnastics and fitness students) and whether the daily totals in Table 1 of the Application (pg. 8) includes participants in Kona Aerial's summer program. The total number of daily users year-round is broken down in Table 1 (reproduced below). The only difference in operation during school summer break is the start time of team classes on Monday, Wednesday and Fridays (7:30 AM instead of 2:00 PM). These numbers are also i"iclnning Dept. Exhibit- 13 conservative maximums, with some projected growth, as current enrollment levels are 25 team participants and 75 recreational participants. 4. The Applicant should clarify the principal access route to the Project Site. Access to the site from Hualalai Road will be by the existing gravel drive shown on the conceptual site plan as "Access A". Approximately 325 feet of the paved driveway shown as "Access B" may be used for circulation around the site, however, access to Hualalai Road via "Access B" will not be permitted aside from emergency use. S. The Applicant should show the location of the 9.23-acre site for which the State Historic Preservation Division isseted a "no -effect" letter (for the prior Special Permit application for aggregate and equipment storage) in relation to the current Project Site. There is no proposed land clearing associated with the proposed use. The plan is to use an existing permitted building and previously graded areas for parking. In the event that archaeological or cultural sites are discovered on the site construction will stop until required clearances are secured. 6. There should be a clear statement on current customary and traditional Native Hawaiian cultural practices on or in the vicinity of the Project Site ... The Ka Pa'akai analysis requires determining: a) The identity and scope of valued cultural and historical or natural resources in the petition area including the extent to which traditional and customary Native Hawaiian rights are exercised in the petition area; The requested Special Permit area consists of 2.3 acres of land that have been previously cleared and graded and now are the site of a warehouse, parking areas and associated driveways. In this situation, the subject site is not adjacent and/or proximate to the shoreline, and does not contain native forest, cultural or historic resources. There are also no known archaeological features on the subject property and its land use history which includes grading, stockpiling and construction of a warehouse building would make the discovery of previously unidentified historic sites unlikely. Although it is not known whether the subject property or immediate surrounding area have ever been used for the gathering of plants by native Hawaiians, it would appear very unlikely that the site would serve such purpose today and/or in the recent past. Further, the State Historic Preservation Division has previously made a determination of no historic properties affected for a grading permit and stockpiling permit on a portion of the parcel. b) The extent to which those resources including traditional and customary Native rights will be affected or impaired by the proposed action; and Given that the proposed Special Permit area has already been developed, it does not appear that the project would have any potential adverse impact relating to the cultural and historical resources of this area. c) The feasible action, if any, to be taken by the state to reasonably protect Native Hawaiian rights if they are found to exist. In the event documented claims of gathering or access are made of this site, the applicant will honor those claims. Further, if any inadvertent discoveries are made during any land disturbance activity relating to this project, work will cease, and the applicant will immediately notify the Planning Department and the State DLNR and secure their clearances before proceeding. Thank you for your review and consideration of this application. We trust that the information provided here sufficiently addresses your comments. If not, or if there are questions relating to this matter, please feel free to direct them to me. Thank you very much. Sincerely, JOIIN PIPAN Planning Administrator 10 LAND' PLANNING HAWAII LLCL August 16, 2021 Mr. 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: Response to Agency Comments Applicant: Kona Aerial Gymnastics Waiahals' — Puapuaanui 111, North Kona, Hawaii TMK (3) 7-5-017: 044 Transmitted here within for you review and processing per the Planning Department's emailed request for supplemental information and responses to agency comments dated July 19`n Please see the following responses to agency comments received to date for the subject application: Department of Environmental Management The Solid Waste Division offers the following comments and/or recommendations: Commercial operations may not use transfer stations for disposal. 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 Hawai 'i Organics facility, or other suitable diversion programs. The Wastewater Division offers the following comments and/or recommendations: Applicant may be required to provide a dry sewer line or connect as the DEM Director may reasonably require. Response: The applicant will comply with all requirements and recommendations of the Department of Environmental Management. Hawai'i Fire Department Hawaii Fire Department commented that the requirements of NFPA1, Uniform Fire Code, 2006 Edition will apply to the proposed use. Response: The applicant will comply with all requirements of the Fire Department and Fire Code. LAND'* PLANNING HAWAII LLC Department of Water Supply 194 Wiwoole St. Hilo, HI 96720 (808) 333-3393 info@landplanninghawaii.com D WS that water can be made available for the itse from an existing line in Hualalai Road. DWS requests that water calculations be prepared for review and approval. DWS also requires a redctced pressure type backflow prevention assembly be installed on private property within five (5) feet of the existing/proposed meter. DWS notes that the existing 8-inch waterline within Hualalai Road is inadequate to provide 2, 000 GPM of fire protection per DWS standards. DWS suggests to work with HFD to determine any other fire protection requirements or alternatives. Response: Anticipated water demand calculations will be prepared as requested. The requested reduced pressure backflow prevention assembly will be installed if it is not already in place. Figure 7 of the County Environmental Report shows approved plans for the installation of a 6- inch lateral and fire hydrant near (approximately 70-feet) the warehouse structure. This lateral and hydrant is served by a 16-inch main and should have ample flow to satisfy DWS requirements. If necessary a fire flow test can be conducted and if insufficient flow is found additional fire protection measures can be coordinated with HFD. Department of Public Works — Traffic Division Traffic Division included their streetlight standards as a comment. Response: We have followed up with Traffic Division on the possibility of requiring a streetlight at the driveway intersection with Hualalai Road. The nearest streetlight to the driveway intersection is approximately 800 feet away at the intersection of Hualalai Road with Queen Kaahumanu Highway. There are no other streetlights along Hualalai Road near the subject property. Further, the nearest utility pole to the driveway is over 120-feet away and a light there would provide little benefit to the driveway to the subject property. Consultation is ongoing and it isn't yet clear whether Traffic Division is requiring a streetlight. Department of Public Works - Engineering Division DPW Engineering Division comments state "The 60 feet wide roadway corridor that provides one of the access routes to this facility does cross through Flood Zone AE. Any work in Zone AE like the placement of gravel for maintenance would require eighter a "No -Rise Certification " or a CLOMR/LOMR, no matter the volume of material being moved. " Also, all development generated runoff shall be disposed of on site and not directed toward any adjacent properties. A drainage plan may be required by the Plan Approval process in accordance with Section 25-2-72(3) of the Hawaii County Code. All activities shall comply with HCC Chp 10, Erosion and Sedimentary Control and any construction within Hualalai Road shall comply with HCC Chp 22, County Streets. LAND" PLANNING HAWAII LLC 194 Wiwoole St. Hilo, HI 96720 (808) 333-3393 info@landplanninghawaii.com Response: As required by DPW, a new "No -Rise Certification" or CLOMR/LOMR will be secured by the landowner or applicant prior to any work on the section of driveway that crosses Flood Zone AE. It should be noted that there are two existing drywells near the warehouse, and they may be adequate for the current level of development. Regardless, a drainage study will be prepared if required during Plan Approval to assess the adequacy of these measures and any additional mitigations necessary. Department of Health The Department of Health is requiring the unapproved wastewater system serving the facility be addressed. Response: The applicant and landowner are working with a civil engineer to secure proper permits, approvals and inspections for the existing septic system. All other requirements of the Department of Health relating to Community Noise Control and Water Quality Standards will be adhered to. State of Hawai'i Office of Planning The comments from the Office of Planning were numerous and are addressed on the attached separate response. The Planning Department also requested clarification regarding the possibility of a second building being built for use by the gymnastics/sports fitness programs. Response: The landowner has expressed some interest in building a second building for gymnastics or sports fitness use. However, no firm plans have been developed and the applicants and landowner recognize that the Special Permit would have to be amended to expand their uses. The applicant is preparing updated elevation drawings to show the location of the restrooms. Please see attached markup of original elevation drawings in the meantime. We trust that everything is in order for your further processing of this application. If not or if there are questions relating to this matter, please feel free to direct them to me. Thank you very much. Sincerely, 4�5� JOH ` PIPAN Planning Administrator Land Planning Hawaii LLC A PROPOSED NEW Ar. STORAGE WAREHOUSE FOR: PIPFR [)I-S[(;NS DANIEL B. BOLTON KAILUA XONA, HAWAII T.M.K. (3) 7-5-017:044 or4 1. 1 - -", -, 'Zfrv--Ae �-Y\ Dear Sir April 21, 2021 We are in opposition of SPP 21.000223 in which the property owner is asking for permission to operate a youth gymnastics and sports fitness facility on designated AG land. We have been long time neighbors of the property in question. The owner of this AG land has proven to be a questionable steward of his land by illegally using AG land contrary to provisions in the zoning code. Checking county records these past/present violations and notifications are noted on this piece of AG land: 4/7/1999 Violation of Chapter 25 (Zoning Code) article 5, Division 7, Section 25-5-72 (a) Illegal dumping and land filling activities Construction and demolition material buried Illegal operation of a contractor's base yard on AG land 6/24/2011 D of H letter citing the following Release of oil, antifreeze, and hydraulic fluid from dismantled and leaking trucks Release of raw sewage from a Port A Potty Lack of proper management and disposal of solid waste (concrete rubble and approx. 30 large truck tires) Illegal operation of a contractor's base yard on AG land 2/19/2016 letter from D Kanuha, Planning Director, citing complaints Operating a quarry/commercial excavation without SPP on AG land Using AG and as an equipment base yard without SPP 2/29/2117 Notice of Violation letter from M. Yee, Planning Director Processing aggregate on AG land Construction Base Yard on AG land Junk Yard on AG land (Manning Dept. Exhibit-4-� Planning Dept. M375 Exhibit 11/27/2020 Violation of permitted use of AG land letter from Planning Kona Aerials is not listed as a permitted use of AG land 2/12/2021 letter from Planning Cease and Desist Kona Aerials Immediately relocate Kona Aerials Processing of Aggregate on Ag land The WAHI Gym has now been recently established in addition to Kona Aerials Cease and Desist The WAHI Gym In addition to the above references a county map (attached) shows the established flood plain zone as being directly in the path of the crudely graded dirt access road leading to and from the gym. In times of heavy rains this area is flooded and access to the gym would be dangerous. In times of no rain this crude, single lane, uneven path is an accident waiting to happen with mommy vans, families and oversized, loaded construction vehicles vying for right of way. Bolton has had YEARS to complete projected flood channelization work! Where are the approved restroom facilities (up to code flushing toilets, fresh running water, showers required for such workout businesses) for the gym and gymnastics school? We are in support of the concept of physical fitness for children and adults and applaud everyone's effort to be healthy and fit. We OPPOSE a gym and gymnastics school conducting illegal business on designated AG land. This property owner's total disregard for the zoning laws has disturbed hundreds of neighbors over many, many years with incessant noise from the rock crusher, clouds of dirt from the rock crusher, numerous XL dump trucks transporting crushed rocks on substandard Hualalai Road and the very disturbing conglomeration of vehicles and equipment seen all over the property. This beautiful and once peaceful area deserves better! Signed, Chris Fullien Pat Fullien .-- .sue. w.... .. A �J i I � Odd e A i. Ab 1 rs►".Y« ..:"i' '�• a �—.�zo.ac j�- 44, 0 o Ae r� !^ Ai-o D o� r 1� o,4 e� ti - - " 41" 4r w I rlw 70 �.� WOMEN fr_ '