HomeMy WebLinkAboutPD BACKGROUND REPORT (PL-SPP-2022-000030) BHawaiiRecoveryTreatmentSPP.crk.5.2.2023
COUNTY OF HAWAI�I PLANNING DEPARTMENT
BACKGROUND REPORT
HAWAII RECOVERY TREATMENT CENTER, LLC
SPECIAL PERMIT APPLICATION NO. PL-SPP-2022-000030
HAWAII RECOVERY TREATMENT, LLC is requesting a Special Permit to operate an in-
patient substance abuse and counseling center for up to 14 clients on a 3.03-acre portion of a
larger 29.63-acre parcel of land situated in the State Land Use Agricultural District. The subject
parcel is located at 31-631 Old Mamalahoa Highway, portion of Opea-Peleau Homesteads, North
Hilo, Hawaii, TMK: (3) 3-1-003:019.
APPLICANT'S REQUEST
1. Request: The applicant is requesting a Special Permit to operate an in-patient substance
abuse and counseling center(Special Treatment Facility) for up to 14 clients within an
existing, 7,351 square foot, 5-bedroom, 3 1/2-bathroom dwelling and related
improvements on a 3.03-acre portion of a larger 29.63-acre parcel of land situated in the
State Land Use Agricultural District. The applicant has been operating a Special
Treatment Facility under license from the State Department of Health-Office of
Healthcare Assurance since 2019, which allows them to provide therapeutic, counseling,
coaching, and recovery services to up to eight clients on an in-patient basis, with typical
stay duration of 90 days. Pursuant to State statute and County code, this use is permitted
provided the number of clients does not exceed 8. The applicant is proposing to expand
the number of clients allowed from 8 to a maximum 14,thus a Special Permit is required.
To accommodate this increase,the applicant proposes the following alterations to the
existing dwelling and related improvements:
1) conversion of an existing storage room's closet and bathroom into an ADA-
compliant bathroom; 2) conversion of an existing utility room into a medicine and
dispensing room; 3)the addition of a water closet to the existing laundry room;
4) expansion of the existing, compacted gravel parking area and installation of a paved,
ADA-compliant parking stall; 5) abandonment of the existing cesspool and replacement
with a DOH-approved septic system; 6) installation of an additional rainwater catchment
tank for fire suppression water; and 7) development of a 600-square foot greenhouse
within the Special Permit area (hereinafter permit area). While the dwelling is currently
permitted as an R-3, residential group occupancy, the increase in occupant load will
require a change of use building permit to R-4 group occupancy, pursuant to 2018
International Building Code (IBC) which was adopted by the County since the existing
Special Treatment Facility was licensed in 2019.
2. Hours of Operation/Staffing: According to the application, the treatment facility is and
will continue to be run as a 24-hour-a-day, 7-day-a-week operation with daytime working
hours between 8:00 a.m. and 5:00 p.m. with a full,up to 16 member staff. Overnight
operations will occur between normal daytime hours and will be staffed by two
employees. There will be no facility events or activities later than 10:00 p.m. and clients
may have visitors between 8:00 a.m. and 6:00 p.m.
3. Development Timeline and Cost: The applicant will begin permitting and
improvements as soon as the Special Permit is granted with the hope of securing a final
inspection within one month of receiving a building permit. The applicant estimates the
project will cost between $65,000 and$85,000.
4. Landowner: Hawaii Recovery Treatment LLC.
5. Supportive Information: The applicant has submitted the attached in support of the
request: (Planning Department Exhibit 1 —Special Permit Application dated May 16,
2022 and additional information received in January 2023 and March 2023).
DESCRIPTION OF STATE & COUNTY PLANS
6. State Land Use District: Agricultural.
7. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Important
Agricultural Land.
8. County Zoning: Agricultural-20 acres (A-20A).
9. Community Development Plan (CDP): The Hamakua CDP was adopted by Ordinance
No. 18-78, which became effective on August 22, 2018. The subject property is not
situated within any designated urban growth boundary.
10. Special Management Area (SMA): The permit area is located approximately 0.6 miles
from the nearest coastline; thus, it is not located within the SMA.
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DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA
11. Subject Property: The subject, 29.63-acre property is located approximately 1/z mile
west(mauka) of Highway 19 in Umauma. The 3.03-acre permit area is improved with an
existing, permitted, 7,351 square foot, 2-story, 5-bedroom, 3 1/2 -bathroom dwelling built
in 2002 and with various permitted additions and alterations in the years thereafter. The
permit area is also improved with a 1,620 square foot, permitted steel, Quonset-style
agricultural storage shed built in 2004. To the south of the ag storage shed within the
proposed special permit area, there are two unpermitted trailers that the applicant
indicates are used as a den for the facility. As described below,the special permit area is
also improved with one potable and three non-potable catchment tanks, driveway,
parking areas and other related improvements.
12. Surrounding Zoning and Land Uses: Adjacent lands are similarly zoned Agricultural-
20 acres (A-20a) and nearby uses consist primarily of agricultural fields and orchards and
vacant land. The nearest dwelling is situated approximately 2,100 feet to the south of the
permit area.
13. USDA Soil Survey Report: Soils in this area are classified as Hilo hydrous silty clay
loam, 0 to 10 percent slopes and Hilo hydrous silty clay loam, 20 to 35 percent slopes.
14. Flood Insurance Rate Map (FIRM): Zone "X,"an area of minimal flood hazard.
15. Land Study Bureau's Overall Productivity Rating: "C" or Fair.
16. Agricultural Lands of Importance to the State of Hawaii (ALISH): Most of the
parcel and entirety of the permit area are designated as Prime by the ALISH.
17. Flora and Fauna Resources: No professional floral or faunal survey was conducted for
the floral and faunal resources of the site, due to the property's extensive history of use
for sugar cane cultivation and the already developed and maintained nature of the special
permit area. Existing maintained flora on the property consists of ornamental and fruit
trees including Pikake, a variety of palm trees, citrus trees, and Money trees. The
applicant is also growing pineapples and Okinawan sweet potatoes. The remainder of the
special permit area is improved with manicured lawn. Other surrounding wild fauna
consists of palm trees, warabi fern, grasses, shrubs, and patches of existing sugar cane.
The applicant also proposes to expand agricultural uses of the property by planting
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Rambutan orchard and developing a 600-square foot greenhouse for vegetable
cultivation. Existing fauna on the property consists of native and introduces species
including feral pigs and rodents,native rice, mynah, and mejiro birds. None of the floral
or faunal species are listed or endangered.
18. Archaeological Resources: No formal archaeological survey was conducted as the
entire property has been previously cleared and used for sugar cane cultivation and the
special permit area has been developed for residential purposes. Finally, a request for
comments was submitted to the SHPD by the Planning Department,however we have yet
to receive a response at the date of this writing.
19. Valued Cultural Resources: According to the applicants, there are no known traditional
and customary Hawaiian rights exercised on the property.
20. Public Access: There is no known public access to the mountains or the shoreline that
runs through the property.
PUBLIC SERVICES AND FACILITIES
21. Access/Traffic: Access to the subject parcel and permit area is provided via a driveway
from Old Mamalahoa Highway, which is a County-owned and maintained roadway
consisting of varied pavement width of 12-20 feet within a 40-foot-wide right-of-way.
The approximately 10-foot-wide, paved, asphalt driveway crosses two intervening
parcels makai of the subject parcel, across which the applicant has legal access via an
easement. Traffic along Old Mamalahoa Highway in the vicinity of the subject parcel is
minimal given its remote location and low-density development. The facilities currently
generate about 18 cars (generating 36 vehicle trips) throughout any given day. The
applicant anticipates that traffic will stay at the existing level if the Special Permit is
granted.
22. Water: County water is not available to the subject property. According to the
application, there is an existing 17,000-gallon, closed potable water tank that is filled
with trucked, potable water for facility use. In addition, there are currently three 5,000-
gallon rainwater catchment tanks for fire suppression and the applicant is proposing to
install an additional catchment tank to meet water reserve requirements of the Fire Code.
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23. Wastewater: There is no county sewer system in the area. The property is currently
improved with a permitted cesspool; however, the applicant is proposing to abandon and
backfill this facility and replace it with a septic system that has already been designed
and approved by the State Department of Health.
24. Other Essential Utilities and Services: Electrical service is available to the site via
HELCO in addition to a permitted solar photovoltaic system on the dwelling; internet,
and telephone service are also available to the site. Police and fire services are located
nearby in the Laupahoehoe.
AGENCIES COMMENTS AND APPLICANT'S RESPONSES
25. Department of Public Works-Building Division: (Planning Department Exhibit 2 —
April 17, 2023 Memo & May 9, 2023 Email)
26. Department of Water Supply: (Planning Department Exhibit 3 —March 23, 2023
Letter)
27. State Department of Health: (Planning Department Exhibit 4—March 29, 2023
Memo)
28. State Office of Planning and Sustainable Development: (Planning Department
Exhibit 5 -April 19, 2023 Email)
AGENCIES—NO COMMENTS/CONCERNS
29. Police Department, Department of Finance-Real Property Tax Division, Department of
Land and Natural Resources—Engineering& Land Divisions
AGENCIES/ASSOCITIONS—NO RESPONSE
30. Department of Environmental Management, Fire Department, State Land Use
Commission, State Department of Agriculture, DLNR-State Historic Preservation
Division, & State Department of Health-Office of Healthcare Assurance.
PUBLIC COMMENTS
31. No public comments have been received at the date of this writing.
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SPECIAL PERMIT APPLICATION
COUNTY OF IIANVAII
PLANNING DEPARTMENT
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AREA OF PROPERTY/AREA OF REQUESTED USE REQUESTED USE AREA 3.03 ACRES
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Planning Dept.
Exhibit 1
COUNTY BACKGROUND & ENVIRONMENTAL REPORT
COUNTY SPECIAL PERMIT REQUEST
FOR
HAWAII RECOVERY TREATMENT LLC. (owner)
DBA: Exclusive Hawaii Rehab/The Exclusive Addiction
Treatment Center and Power On Coaching (tenant)
TM K: (3) 3-1-003: 019
LOCATION: 31-631 OLD MAMALAHOA HWY.
I. INTRODUCTION
Hawaii Recovery Treatment LLC. (Applicant) is requesting a special permit for a life
coaching congregate living facility,with accommodations for a typical 90 day stay, pending
approval from the County of Hawaii, Planning Department, Hilo Division, a permit application
will be submitted to the County of Hawaii, Building Department, Hilo Division,for alterations
to the existing R-3 dwelling to upgrade the existing restroom to ADA. The project area to be
used for special permit will be approximately 3.03 acres of the 29.630-acre subject parcel of
land including the approaching driveway. The subject site is located at 31-631 Old
Mamalahoa Hwy., approximately 3471 feet from the ocean and sits approximately 2300 feet
mauka of Highway 19.
If approved the existing R-3 5-bedroom residence will remain an existing R-3 5-bedroom
residence with a change from 8 residents to 14 residents,with proposed interior alterations for a
ADA compliant bathroom, while in residence,the residents will be learning life changing
motivational skills through care and support with therapeutic, medicinal, uplifting coaching and
learning sustainable farm living.
II. PROJECT DESCRIPTION
3A. The existing R-3 dwelling is to remain a R-3, from 8 residents to14 residents with 2
staff members working overnight to stay at our beautiful home over a typical stay of 90 days,
in order for them to receive in care support and uplifting coaching support. Our objective is
to provide healing and recovery to more people who desperately need our help from
licensed professionals and a loving staff. We will also be planting a proposed vegetable
garden for our residents to learn about agriculture and sustainable living.A future
greenhouse for garden (Figure 1 B, key BB) will help in the experience of fresh crops from
farm to table. The garden will contain but not be limited to cucumbers, tomatoes, basil,
green onion, lettuce, and more, by planning to use a raised bed system within an enclosed
greenhouse of approximately 600 SQ. FT.
Currently agricultural upkeep including but not limited to the pruning of existing fruit trees,
palms, maintenance of lawn, buildings,fences, and equipment maintenance requires 2 staff
members at 8 hours per day. The home is a 24 hour a day, 7 day a week operation and
the proposed hours would continue to be the same. We have a full staff for residents
currently working the hours from 8am to 5pm and 2 staff members working overnight, that
would continue to care for the increase to 14 r e s i d e n t s. This home is to help
residents cultivate their minds and bodies in a positive and serene environment by
disconnecting from temptation. A typical stay for a client is 90 days.
There is currently an existing permitted R-3, 2 story, 5-bedroom, office and den, 3'/2
bathroom (please see existing upper-level floor plan on figure 2 pg.A01 and existing lower-
level floor plan in Figure 2 pg. A02) dwelling
Area Tabulations: Upper level
Living area=2660 SQ. FT.
Ace area =1498 SQ. FT.
Lower level
Living area =3193 SO. FT.
TOTAL Building area= 7351 SQ. FT.
Permit#1 original building was completed on 4/19/2001 BP#010470
Permit#2 addition completed on 11/25/2003 BP# 032337
Permit#3 addition of bar sink completed on 9/15/2004 BP#B2004-0870H
Permit#4 photo-voltaic completed on 8/15/2016 BP# BH2O16-01112
Planning Dept. Zoning Clearance 11/7/2017 w/conditions for R-3 building
Dept. approval 2/28/2019
Permit#5 as-built alterations completed on 2/20/2019 BP#BH2O19-00207
Permit#6 ext. stairs addition completed on 5/20/2019 BP# BH2O19-00437
Existing storage rooms'closet and 112 bathroom to be converted into_full bathroom
#4 with proposed second sink and proposed built in shower, with ADA bathroom
conversion. (see Figure 4) Existing utility room into medicine and dispensing room.
Upper-level proposed water closet added to existing laundry room (see Figure 5). A
future exemption for a 600 SQ. FT. greenhouse will be filled with the County of Hawaii,
Building Department, Hilo Division. A change of use permit along with proposed alterations
will be filed with the County of Hawaii, Building Department, Hilo Division,
Hawaii Recovery Treatment LLC. humbly requests that the following listed below as
part of the special permit.
1.) Approval up to 14 max.residents be allowed at a 90-day visit per stay.
2.) There will be no events or activities after 10:00 p.m.
3.) Residents may have visitors between visiting hours of 8 a.m.to 6 p.m.
4.) There will be one ADA compliant asphalt parking stall at the
building location (Figure IB-0), more parking stalls will be provided at existing
compacted gravel parking area (Figure IB-F)
5.) There will be 2 overnight staff members and up to 16 staff members during normal
business hours of 8 a.m.to 5p.m., 7 days a week.
PROJECT LOCATION AND DESCRIPTION
313. Driveway to be verified to meet emergency truck codes as noted on (Figure IB)
Existing water catchments approved by Fire with a update monument as per Fire Dept.
FDC hook up detail to be provided at time of permitting of the building department for
review.
Existing cesspool to be abandoned and backfilled, approved IWS septic system on file
with the State Department of Health with a professional licensed civil engineer, for
approval of number of proposed bedrooms. (Figure 18-AA)
There is no county water,there is an existing 17,000-gallon water catchment (figure 18-
C)potable water, plus 3 existing 5,000-gallon tanks for fire reserve.
There is also existing fruit trees, pineapples, sweet potatoes, citrus trees,and lei making
trees on the property.
Hawaii Recovery Treatment LLC.Would like to begin as soon as the requested special
permit is granted. The estimated time frame is unknown with the current situation
within the building department. We would hope to set a final with 1 month of
receiving a building permit.
Project estimation cost is between$65,000 and$85,000.
Project is located on TMK: (3) 3-1-003;019 at 31-61 Old Mamalahoa Hwy.,Opea-Peleau
Homesteads, North Hilo, Hawaii, approximately 3471 FT.from nearest shoreline and
2300 Ft.on the mauka side of Highway 19, located on a 29.630 acre parcel, with a
similar triangle shape with one side of property line being centered of the existing river,
the project building (figure 18-A) and the surrounding uses take up approximately 3.03
acres including driveway on the southeast portion of the property as shown on site
plans (figure 1) and approximately 700 feet from existing river.
3C. INSTITUTIONAL CONSIDERATIONS
STATE LAND USE
The subject property is designated State Land Use Agriculture,and the special permit
will consist of approximately 3.03 acres of land, as such no state land use commission
action is required.The County of Hawaii can process the special permit request.
COUNTY ZONING AND GENERAL PLAN -LAND USE
The county zoning of the subject site is agriculture. The county general plan land use
pattern allocation guide(LUPAG) map, shows the county zoning as A-20, OBECTIAL
at 149 LUPAG ID=1526 and CLASS as IAL= IMPORTANT AG LANDS, State Land
Use District Agriculture, based on the land study bureau overall master productivity
rating.
The subject property slopes uphill from a north easterly to a south westerly direction
from approximately 732 ft. elevation up to 778 ft. elevation. There is a gulch which
starts at the northwest tip and runs up to the southwest corner of the property (Figure
1-8)
There are no geological constructs.
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 plans guidelines as it
conforms following goals, policies, and standards of the general plan.
2.2 GOALS
A.) Provide residents with the opportunity to get themselves to learn life changing
positive skills to return to a quality life with their families and friends and returning to
be a contributing member of society.
B.) Economic development and improvements shall both be in balance with physical,social,
and the cultural environments needs of the island of Hawaii.
C.) The special permit request building usage is to be within the existing structure,there
should be no impact for any new community infrastructures such as new paved
roads, schools.
D.) Encourage the development of and maintenance of our communities,to help
residents meet the needs as a stable part of their community both physically and
socially.
Approval of the special permit would be in line with the aforementioned economic,
recreation, land use goals, and policies of the general plan by maintaining the natural
beauty of the area while providing a positive coaching, lifelong knowledge, skills
and maintaining agriculture use 89% of the project property.
3D. SURROUNDING ZONING AND LAND USE
All surrounding areas next to the subject property is zoned A-20 with important
AG Land, classification, State land use district, most properties surrounding the
subject property are currently being used for growing sweet potatoes and
cattle, the subject property of 29.630 acres with 3.03 acres will be used for
special permit, the remaining acres will be used for agriculture to farm local crops
and growing cattle or goats.
3E. FLOOD INSURANCE RATE MAP
The subject property according to the US Corp of Engineers flood insurance rate map (firm)
designated the area to be zoned X (area outside of the 500-year flood) site sits on the very
top of the property where no water will collect. Attached: Flood Hazard Assessment
Report provided from the County of Hawaii Engineering Department in color showing the
property in Zone X and no Tsunami Zone, or no Dam Evacuation Zone. (Figure 7)
3F. ARCHEAOLOGICAL RESOURCES
Project use will be within an existing building. Existing subject property was previously used
for sugar cane fields and has been cleared and replanted several times throughout the
years. No commissioned archaeological survey of the site was made, however if needed,
an archaeological monitoring can be done with future land clearing if any.
3G. FLORAL AND FAUNAL RESOURCES
Although there was no professional survey conducted for the floral and faunal resources of
the site,I don't believe there should not be any rare or endangered species of floral or
faunal resources likely to be found on the subject property site. The dwelling is existing,
and the site had been cleared numerous times when it was sugar cane fields,from the
1800's, used by Hamakua Sugar Cane Company. As such it is very unlikely that the special
permit approval project would cause any adverse impacts. The existing floral and fruits
growing om the project parcel is 1 Pikake trees, 14 Palm tree, a Pineapple patch, 3 citrus
trees, a patch of Money trees, and Okinawan sweet potatoes. Existing tropical rain forest
w/ Palm trees, watabi fern, and patching of existing sugar cane. Future floral will be a
Rambutan orchard.
Existing faunal roaming the project property are feral pigs, also on the property are native
rice, mynah, and manjito birds, in the stream boarding the property line are local prawns.
3H. VALUES CULTURAL RESOURCES
Relative to native Hawaiian gathering, hunting, and fishing, these rights should be a given,
it is not known whether the subject property or surrounding areas have ever been used for
hunting or gathering by native Hawaiians, however, it would appear very unlikely in recent
past years. This site is also not adjacent to any shorelines, so coastal shoreline access is
not an issue, 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 the area.
31. PUBLICACCESS
The project site is located 3471 ft. away from any shoreline,so no public access is required.
3J. DESCRIPTION OF ACCESS
The project location address is 31-631 Old Mamalahoa Hwy on Highway 19 from Hilo up
the Hamakua coast approximately 16 miles, take a left onto Kauniho Rd., until reaching the
top cross roads,then take a right onto Old Mamalahoa Highway go 1 miles and take a left
onto the paved driveway easement with a cattle gate w/ knox box, continue up the paved
driveway .7 miles to the existing dwelling with a second metal gate that has rock columns
on both sides, pass thru d-egate to follow the paved drive up to the house site,see vicinity
map on page T01 and site plan on (Figure 1) and see deed for road access on. (Figure 10)
3K. TRAFFIC IMPACTS
Traffic impact on Old Mamalahoa Highway at this portion is very low, used mostly by
residents and some farmers with properties being as large as 20 acres and one neighbor
being Bishop Estates with 800+acres.We would generate approximately up to 18 cars per
day, traffic level should be just about the same as the existing level it is currently.
3L. AVAILABILITIES OF UTILITIES
Electrical is provided by HELCO, however, the existing building also has a permitted
existing photo-voltaic system to power the entire existing project building. County
water is not available to the property,there is an existing 10,000-gallon galvanized
water catchment system that potable water is trucked in for. Also, with an average
rainfall of 80 to 160 inches annually, it is more than adequate to support the catchment
system. For fire, 1 proposed tank will be added with a minimum reserve for fire as per
code.
4. MEETING CRITERIA
4A. The granting of this special permit request would promote the effectiveness and objectives
to chapter 205 Hawaii Revised Statutes as amended. The proposed use is not contrary to
chapter 205D.
4B. The request shall not adversely affect the surrounding properties, there are very
few homes within the approximated area, and the proposed request would be within an
existing permitted structure. There are existing fruit trees, fruit patches and landscaping
with palm trees, cattle fencing and a 2-acre lawn. Hawaii Recovery Treatment LLC. will
upkeep all landscaping (existing and proposed). There are no viewable homes at the
current time,from the project site, only surrounding vegetation.
There is also no school within a 14-mile vicinity so will not be adding to any school
traffic. The existing subject building sits approximately 400 ft. to the nearest
property line,so any noise will not carry to any neighbors. There would be very
minimal visual. The existing cesspool will be filled and upgraded to a new IWS
septic system. The IWS report has already been approved by the State of Hawaii,
Department of Health. The water catchments will be hidden nicely next to some
existing foliage. The existing propane tanks are hidden by the foliage covering.
4C. The proposed project will not burden public agencies to provide any roads, sewer,
water, drainage, school improvements and police or fire protection as none of these
agencies will be required. The subject parcels access for emergency trucks will be via
Old Mamalahoa Highway and the existing paved driveway up to subject building. No
additional utilities are needed to be provided by any public agencies. The nearest fire
department is located in Hilo approximately 14 miles away. The Hilo police station is
located 14.75 miles away. A FDC upgraded monument will be provided on site as well
as water reserves for fire. The existing project building has an existing photovoltaic
solar system.
4D. Unusual conditions, trends, and needs have arisen since the district boundaries
and regulations. Theft has become one of the biggest disturbances in all our
communities, with so much negative impact on people's lives, we need more uplifting life
coaching centers to help with a positive mind set, within our community.
4E. The proposed project site, as per LUPAG, is classified as IAL- important AG Land and
under ALISH classification AG Type 1- prime lands.
The proposed special permit will be within an existing R-3 residence, within existing citrus
trees, pikake trees, palm trees. pineapple patch, sweet potatoes, pasture lands for grazing
and proposed cattle and goats, and a rambutan orchard. A proposed greenhouse with
cucumbers, tomatoes, basil, lettuce, beans, and more for a farm to table life skills for
residents. Approximately, 3% of the subject area to be used for the special permit within
the existing dwelling and an area of 75% is prime AG land to be used for agriculture.
4F. The proposed will not substantially alter or change the essential character of the
subject property, there will be no new excavations or exterior building construction to
the project building. The building to be used for the recovery treatment center is an
existing building with existing surroundings on 3.03 acres already landscaped
with fencing and fruit trees and palms.
HAMAKUA GOALS
4G. Due to the population decline in Hamakua of the last 50 years and recent
increase from 1990 to 2000 of 11.6 percent, there is still not much economic
growth which under the present conditions is limited to the district, besides
some farming. Residents of Hamakua, especially the young continue to leave
the area because of the lack of employment opportunities.
The coaching center meets the criteria of the goals and policies of the general
plan, by creating more job opportunities to the area, whether it be working with
clients or up-keeping with landscaping, farming and providing agriculture
products to the community.
The proposed use is an unusual but reasonable use of the land, which should
not be contrary to the objectives to be sought by the land use law and
regulations, which, for the agriculture and rural districts, seek to preserve or
keep the land of high agriculture potential in agriculture usage.
As noted earlier the proposed project would be within an existing permitted
structure on the approximate existing 3.03-acre area already landscaped with
foliage and fruit. (Figure 1A) The rest of the 29.680 acres will be used for the
existing and new agriculture, involving employment opportunities for existing
and new.
4H. ALISH CLASSIFICATION AND LAND STUDY BUREAU
The subject property under ALISH classification is 1" prime land. The subject
property has a good moisture content with annual rainfall at about 80 to 160
inches per year and soil depth up to 20 feet in most areas with little rock
cropping. The land has approximately 50%of the property with slopes less than
20%for cropping potential and has enough moisture for common grown crops
and may also be used for grazing.
The subject property is currently being used as a congregate living facility with
up to 8 residents that has been approved by the State of Hawaii Department of
Health, please see attached license, in operation since May 11, 2022. Once the
special permit is issued, a building permit for alterations will be submitted for/to
the County of Hawaii, Building Department.
In Conclusion, the proposed special permit request would provide services to a
growing number of residents in Hamakua and help add to the economic
growth and well-being that is needed in the area.
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STATE OF HAWAII
° DEPARTMENT OF HEALTH
LICENSE
POWER-ON COACHING,INC. is hereby granted a license to operate an
r SPECIAL TREATMENT FACILITY THE EXCLUSIVE ADDICTION TREATMENT CENTER
at 31-631 OLD MAMALAHOA HIGHWAY, HAKALAU,HAWAH
with a capacity of 8 beds. This license is valid for NINE MONTHS
ending MARCH 31, 2023 unless revoked for just cause.
This license is granted in.accordance with provisions of the state public health laws and regulations.
Effective Date: JULY 1,2022 Director of Health
Date.issued.- MAY 11, 2022 By
OHCA License#104-STF '-Vffxu—of Health Care Assurance
Date Established: 4/1/19
➢ Post in a conspicuous place. TOTAL CAPACITY OF EIGHT(8)AGES 18 YEARS OLD AND OLDER
➢ ' License is not transferable. FULLY AMBULATORY ONLY
➢ License shall be surrendered upon a suspension or MEMORANDUM OF AGREEMENT ADAD
revocation
LLC.
ZONE x 0450F
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BASEMAN FIRM BASEMAP
AAOF
,fp,�.'959h�; ••.. O 0 r
Flood Hazard Assessment Report
f •'.r 00�:
www.hawaiinfip.org SPECIAL FLOOD HAZARD AREAS(SFHAS)SUMECT TO INUNDATION $Y
THE 1%ANNUAL CHANCE FLOOD -The 1%annual chance flood(10Qyear),also know as the base flood,is the flood that has a 1%chance of
/
�,-.;.�•.w•-•:,:�� being equaled or exceeded in any given yeti.SFHAs Include Zone A,AE,
AH,AC,V,and VE.The Base Flood Elevation(BPE)is the water surface
elevation of the 1% annual chance flood. Mandatory flood insurance
Property Information Notes: pu rch ase a p pli es in these zones.,
COUNTY: HAWAII ^� Zone A:No BFE determined.
TMK NO: (3)3-1-003:019 Zone AE:BFE determined.
WATERSHED: OPEA
PARCELADDRESS: ADDRESS NOT FOUND ® Zone AH:Flood depths of 1 to 3 feet(usually areas of ponding);
HAKALAU,Hi 96710 BFE determined.
Zone AO: Flood depths of 1 to 3 feet(usually sheet flow on
Flood Hazard information sl o pi ng terra i n);average depths determi ned.
FIRM INDEX DATE: SEPTEMBER 29,2017 Zone V:Coastal flood zone with velocity hazard(wave action);
LETTER OF MAP CHANGE(5): NONE - - no BFE determined"
FEMA FIRM PANEL: 1551660456E Zane VE:Coastal flood zone with velocity hazard wave action);
B F E determined.
PANEL EFFECTIVE DATE: SEPTEMBER29,2617
_ Zane REF: Floodway areas in Zone AE. The Foodway 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 increasingthe BFE.
NON-SPECIAL FLOOD HAZARD AREA-An area in a low-to-moderate risk
THIS PROPERTY 15 WITHIN A TSUNAMI EVACUTION ZONE: NO flood zone" No mandatory flood insurance purchase requirements apply,
FOR MORE INFO,VISIT:http:/fwww.scd.hewail.gov/ but coverage is available in participating communities.
THIS PROPERTY 15 WITHIN A DAM EVACUATION ZONE: NO Zone MS(X shaded):Areas of D-2%annual chance flood;areas of
FOR MORE INFO,VISIT:http:f fdlnreng.hawaii.gov/dam/ 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
0 400 800 f! floodplain"
❑isclaimer:The N❑w❑il Dep❑rrmenr of Land and Naturol Resources(OlNR)assumes na responsibility arising from OTHER FLOOD AREAS
the use,accuracy,completeness,and timeliness of any information contained In this report" We wers/llsers are
responsible for verifying the accuracy of the information and agree to indemnify the DLNR,its officers,and employ-
ees from any Habdity which may arise from Its use of its dora arinformadorL I- -- ' Zone D: Unstudied areas where flood hazards are undeter-
mined,but flooding is possible.No mandatory flood insurance
If this reap has been iden6,7ed as AREVIVYNAR?,please note that it is being provided for informational purposes purchase apply,but coverage is available in participating comm u-
and is nor to be used far flood insurance noting.Contact your county floodplain manoger far flood zone determina- nities.
rlons to be used f or compliance wirh local floodplain manogemenr regulations.
Umauma HI,
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STATE OF HAWAII
;;;gyp' •1959 .9<;. BUREAU OF CONVEYANCES
RECORDED
t• '[ * - November 3, 20218:01 AM
`• ' . f
Doc No(s)A-79770345
Doc 2 of 4 /s/LESLIE T KOBATA
Pkg 11897347 SKC REGISTRAR
Conveyance Tax:$12,930.00
LAND COURT SYSTEM REGULAR SYSTEM
AFTER RECORDATION: RETURN BY MAIL (X) PICK UP()
Hawaii Recovery Treatment Center, LLC
Attn: Scott Schroeder,Manager * ** 'E#6841003197-CE
4103 Love Bird Lane
Austin,Texas 78730 rt
THIS DOCUMENT CONTAINS OIPAGES
TITLE OF DOCUMENT:
QUITCLAIM DEED
PARTIES TO DOCUMENT:
Grantor: EARTHJOY LLC, a Hawaii limited liability company,
as to an undivided 50%interest,
AVC MANAGEMENT LLC,a Hawaii limited liability company,
as to an undivided 50% interest,
as tenants in common
P.O.Box 167,Hakalau, Hawaii 96710
Grantee: HAWAII RECOVERY TREATMENT,LLC,
a Hawaii limited liability company,
4103 Love Bird Lane,Austin, Texas 78730
as tenant in severalty
Tax Map Key No.: (3)3-1-003-019
-----------
Address: 31-631 Old Mamalahoa Highway,Hakalau, HI 96710
2498038 l
O
QUITCLAIM DEED
THIS QUITCLAIM DEED is made as of- Qtiuil' 2021 (the "Effective
Date"),by EARTHJOY LLC,a Hawaii limited liabili company,and AVC MANAGEMENT
LLC,Hawaii limited liability company, as tenants in common(together,"Grantor"), in favor of
HAWAH RECOVERY TREATMENT,LLC, a Hawaii limited liability company("Grantee").
WITNESSETH:
That for TEN AND NO/100 DOLLARS ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged by Grantor, Grantor
does hereby release, remise, and quitclaim unto Grantee, as tenant in severalty, in an "AS4S"
condition,without representations or warranties of any sort,all of Grantor's right,title,and interest
in and to that certain real property described in Exhibit A attached hereto and made a part hereof
(the«Propel»);
AND the reversions,remainders,rents,issues,and profits thereof and all of the estate,right,
title and interest of Grantor,both at law and in equity, in and to the Property;
TO HAVE AND TO HOLD the same, together with all buildings, improvements, rights,
easements, privileges, and appurtenances thereon and thereto belonging or appertaining or held
and enjoyed therewith, unto Grantee in the tenancy set forth above, absolutely and in fee simple,
forever.
The conveyance set-forth in this Quitclaim Deed is.expressly declared to be in favor of
Grantee and Grantee's successors and assigns.
By accepting the Property via this Quitclaim Deed,Grantee acknowledges that the Property
is conveyed "AS IS" with knowledge of the conditions disclosed by Grantor and/or discovered
during inspection(s) of the Property. Grantee understands and agrees that all land and
improvements (including, but not limited to, the roof, walls, foundations, soils, plumbing,
electrical and mechanical systems,etc.),real property,and personal property(if any)are conveyed
in their existing"AS-IS"condition,without warranty or representation,expressed or implied.
The terms "Grantor" and "Grantee," as and when used herein, or any pronouns used in
place thereof, shall mean and include the masculine or feminine, the singular or plural number,
individuals or entities,and each of their respective successors,heirs,personal representatives,and
assigns, according to the context thereof.
- The remainder of this page is intentionally left blank;the next page is the signature page. -
2498038 2
IN WITNESS WHEREOF,Grantor has executed this Quitclaim Deed as of the Effective
Date.
EARTHJOY LLC,
a Hawaii limited liability company
By
Na .Joyie Marvel- enoist
Title: Sole Manager and Member
AVC MANAGEMENT LLC,
a Hawaii limited liability company
By
Name:Jean-Francois Benoist
Title: Sole Manager and Member
2498038 3
STATE OF OREGON )
COUNTY OF SS.�1 �� )
On SIVAM Y" �- 2021, before me appeared JOYCE MARVEL-
BENOIST, to me personally known or satisfactorily proven, who being by me duly sworn or
affirmed, did say that such person executed the foregoing instrument as the free act and deed of
such person, and if applicable in the capacity or capacities shown, having been duly authorized to
execute such instrument in such capacity or capacities.
Notary Signature:
OFFICIAL STAMP Print Name: �f Li1�l�_ 6-\/as Iyb' es
STEPHANIE RIVAS TORRES
NOTARY PUBLIC-OREGON Notary Public, State of Oregon
t COMMISSION NO.1013794
" MY COMMISSION EXPIRES JUNE 30,2025
My commission expires: � 1 2-5
2498038 4
STATE OF OREGON )
SS.
COUNTY OF �1►rll� )
On 'X3'11/ y, 2021, before me appeared JEAN-FRANCOIS
BENOIST, to me personally known or satisfactorily proven, who being by me duly sworn or
affirmed, did say that such person executed the foregoing instrument as the free act and deed of
such person, and if applicable in the capacity or capacities shown, having been duly authorized to
execute such instrument in such capacity or capacities.
Notary Signature: a�m-�
OFFICIAL STAMP
STEPHANIE RIVAS TORRES Print Name: SW&/)ie
NOTARY PUBLIC•O
i � COMMISSION N0.tO13794t3794
P MY COMMISSION EXPIRES JUNE 30,2025 Notary Public, State of Oregon�, t
My commission expires: 30 3
2498038 5
EXHIBIT A
Description of the Property
LOT A
That certain parcel of land being a partition of R.P. Grant 3059 to Hoee and Pahokoa being
Division 2, situated at Opea,District of North Hilo,Island and County of Hawaii, State of Hawaii
more particularly described as follows:
Beginning at the Easterly corner of this parcel of land, being a point on the Southeast line
of the parcel described in the deed from PMT MPL Financing 2014-1,recorded January 16, 2018
as Regular System Document No.A-65900029,the coordinates of said point of beginning referred
to Government Survey Triangulation Station"HONOHINA (OLD)"being 783.12 feet North and
817.11 feet East and running by azimuths measured clockwise from true South:
1. 450 40' 00" 1134.83 feet along Division 1, remainder of Grant 3059 as
described in Deed to Chikako Fujimoto recorded
February 20, 1979 in Document No. 79-19049,to a pipe
marking "HONOHINA (OLD)", [said destroyed
Triangulation Station being 151' 45', 11.3 ft from
existing HONOHINA 2 Triangulation Station.],thence;
2. 340 20' 15" 233.13 feet along same,thence
3. 1350 12' 00" 25.00 feet along Lot 4, Grant 5988 to Samual Hooluhe to a
point in the middle of a stream,thence;
4. 151° 28" 38' 965.71 feet along same to the junction with (Honohina) Opea
Stream,thence;
Along the middle of(Honohina) Opea Stream along the
land of Honohina, L.C.Aw 9452, Apana 18 to M.
Keoholole in all its windings, the direct azimuth and
distance being;
5. 198° 35' 38" 1235.93 feet thence;
6. 3150 40' 00" 1470.88 feet along Lot B to the point of beginning and enclosing
an area of 29.630 acres,more or less,as set forth in metes
and bounds described in Affidavit prepared by Daniel L.
Berg,PLS 11245,of dlb&Associates,recorded April 7,
2020 in the Bureau of Conveyances, State of Hawaii as
Document No. A-74020231.
Exhibit A
1
Together with a perpetual non-exclusive easement (30-feet wide) for roadway purposes
over and across Roadway Easement Designation No. 61-A and E-B as granted by Grant by
Hakalau Sugar Company, Limited, a Hawaii corporation, recorded in Book 3354 at Page 460,
Roadway Easement designation 61-A being more particularly described as follows:
All of that certain parcel of land, within R. P. Grant 914 to Kaaloa and Kaumiumi being
Roadway Easement Designation 61-A, being a strip of land thirty (30) feet wide and extending
fifteen(15)feet on each side of following described centerline situate at Opea,North Hilo, Island
and County of Hawaii, State of Hawaii,
Beginning at a point at the South end of this centerline, being also the Northeasterly
boundary of Division 2, R.P. Grant 3059 to Hoee and Pahokoa, the coordinates of said point of
beginning referred to Government Survey Triangulation Station "HONOHINA (OLD)" being
1,970.02 feet North and 449.06 feet East and running by azimuths measured clockwise from True
South:
1. 2110 34' 26.63 feet;
2. 2100 08' 30" 275.81 feet,thence along a curve to the right,
having a radius of 900.00 feet, the
chord azimuth and distance being;
3. 2140 36' 321.95 feet;
4. 2350 01' 30" 628.17 feet;
5. 2550 27' 128.50 feet to a point at the Southerly side
of the Mamalahoa Highway,containing
an area of 0.960 acres,more or less.
FINAL SUBDIVISION APPROVAL NO. SUB-48-001852 being the Subdivision of the Partition
R.P. Grant 3059 to Hoee and Pahokoa,Division 2, into Lots A and Lot B set forth in AFFIDAVIT
recorded in the Bureau of Conveyances, State of Hawaii in Document No. A-74020231.
Being a portion of the premises acquired by:
LIMITED WARRANTY DEED
Grantor PMT NPL FINANCING 2014-1
Grantee EARTHJOY LLC,a Hawaii limited liability company, as to an
undivided 50% interest,and AVC MANAGEMENT LLC, a Hawaii
Exhibit A
2
limited liability company, as to an undivided 50%interest,as
Tenants in Common
Recorded : .January 16, 2018 in the Bureau of Conveyances, State of Hawaii
an Document No. A-65900029
SUBJECT, HOWEVER,TO THE FOLLOWING:
I. Mineral and water rights of any nature in favor of the State of Hawaii.
2. Any adverse claim based upon the assertion that:
A. Said land or any part thereof is now or at anytime has been below the ordinary
highwater mark of the ❑pea Stream.
B. Some portion of said land has been created by artificial means or has accreted to
such portion so created.
C. Some portion of said land has been brought within the boundaries thereof by an
avulsive movement of the Opea, or has been formed by accretion to any such
portion.
3. Easement 61-B (30 feet wide), for roadway purposes, as described in or disclosed by the
instrument recorded December 9, 1957 in the Bureau of Conveyances in Liber 3354.Page 460.
4. Easement E-9(30 feet wide), for roadway purposes, as described in or disclosed by the
instrument recorded December 9, 1957, in the Bureau of Conveyances, State of Hawaii
in Liber 3354, Wage 460.
5. A Grant of Easement perpetual nonexclusive easements for roadway purposes (30 feet
wide)over,under,across and through Roadway Easement Designation No.61-3 and E-
9, in favor of Hakalau Sugar Company,Limited,a Hawaii corporation,it successors and
assigns, recorded December 9, 1957 in the Bureau of Conveyances, State of Hawaii in
Lifer 3354, Page 460.
Exhibit A
3
6. AGREEMENT FOR WATER AND ROADWAY VARIANCE(RE: SUB-18-001852
VARIANCE—VAR-19-0005260)
Executed By : EARTHJOY LLC,a Hawaii Limited Liability Company,and
AVC MANAGEMENT LLC,a Hawaii Limited Liability
Company,"Owner"
and Between : COUNTY OF HAWAII,Planning Department
On the terms,covenants and conditions contained therein,
Dated November 5,2019
Recorded November 18,2019 in the Bureau of Conveyances, State of
Hawaii as Document No. A-72610345
7. Any unrecorded leases and matters arising from or affecting the same.
8. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any
other matters which a correct survey or archaeological study would disclose.
--END OF EXHIBIT A--
Exhibit A
4
Palma, Maryam
From: Lezlie Purdy-Rivera <lezlie@exclusivehawaiirehab.com>
Sent: Monday, March 13, 2023 5:38 PM
To: Palma, Maryam
Cc: stacy ojano; starburstma@yahoo.com
Subject: Re: Follow up Request for SPP-2022-000030;TMK 3-1-003:019
Aloha,
We will remain a Special Treatment Facility.
Mahalo Nui,
Lez
On Mon, Mar 13, 2023 at 5:16 PM Palma, Maryam <Maryam.Palma@hawaiicounty.gov>wrote:
Aloha all,
I have another follow-up question:
Which of the State-regulated facility types will this facility be?
It is apparent that a Special Treatment Facility is currently being operated according to the State License provided with
the application. However, I did not see any narrative discussion about a Special Treatment Facility being the type of
facility being proposed in the newly submitted application.
Mahalo nui.
Maryam Palma, Planner
County of Hawaii Planning Department
Aupuni Center, 101 Pauahi Street, Suite No. 3
Hilo, Hawaii 96720
Phone: (808) 961-8139
Fax: (808) 961-8742
Email: maryam.palma@hawaiicounty.gov
Website: https://www.planning.hawaiicounty.gov/
1
County of Hawai'i
Zoning& Subdivision Code Update
Project Website:COHcodeupdate.com
From: Lezlie Purdy-Rivera <lezlie@exclusivehawaiirehab.com>
Sent: Friday, March 10, 2023 9:33 AM
To: stacy ojano <stacysdrafting@vahoo.com>
Cc: Palma, Maryam <Maryam.Palma@hawaiicounty.gov>; starburstma@vahoo.com
Subject: Re: Follow up Request for SPP-2022-000030; TMK 3-1-003:019
Kakahiaka no,
Are we all set in this?
Mahalo Nui,
Lez
2
On Wed, Mar 8, 2023 at 6:32 PM stacy ojano<stacvsdrafting@yahoo.com>wrote:
Hello,
Thank you forgetting back to us.
The 14 occupants amounts are written on the proposed floor plan within each bedroom.
Mahalo
Sent from Yahoo Mail for iPhone
On Tuesday, March 7, 2023, 4:27 PM, Palma, Maryam <Maryam.Palma@hawaiicounty.gov wrote:
Aloha,
Mahalo for the resubmitted application materials for SPP-2022-000030. I have reviewed the files and
have a follow up question. With only being five bedrooms within the dwelling, how is the applicant
intending to disperse occupancy of 14 residents across the bedrooms?
Mahalo,
Maryam Palma, Planner
County of Hawaii Planning Department
Aupuni Center, 101 Pauahi Street, Suite No. 3
Hilo, Hawaii 96720
Phone: (808) 961-8139
Fax: (808) 961-8742
Email: maryam.palma@hawaiicounty.gov
Website: https://www.planning.hawaiicountV.gov/
3
�. County of Hawai'i
Zoning& Subdivision Code Update
Project Website:COHcodeupdate.com
Mahalo Nui,
Lez/ie Purdy-Rivera
Compliance and Insurance Administrator, Exclusive Hawaii Rehab
808-494-5513 1 www.ExclusiveHawaiiRehab.com
LezlieC�ExclusiveHawaiiRehab.com
FA-11
CONFIDENTIALITY NOTICE:The information contained in this message is legally privileged and confidential information intended for the use of the individual or
entity named above.If the reader of this message is not the intended recipient,or the employee or agent responsible to deliver it to the intended recipient,you
are hereby notified that any release,dissemination,distribution,or copying of this communication is strictly prohibited. If you have received this communication in
error,please notify the author immediately by replying to this message and delete the original message.Thank you
4
Mahalo Nui,
Lez/ie Purdy-Rivera
Compliance and Insurance Administrator, Exclusive Hawaii Rehab
808-494-5513 1 www.ExClusiveHawaiiRehab.com
Lezlie@ExclusiveHawaiiRehab.com
F-i
CONFIDENTIALITY NOTICE:The information contained in this message is legally privileged and confidential information intended for the use of the individual or
entity named above.If the reader of this message is not the intended recipient,or the employee or agent responsible to deliver it to the intended recipient,you are
hereby notified that any release,dissemination,distribution,or copying of this communication is strictly prohibited. If you have received this communication in error,
please notify the author immediately by replying to this message and delete the original message.Thank you
5
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•• Flood Hazard Assessment Report rr
WWW hawe3rdIII;)[Ny SPECIAL FLOOD ILAZARD AREAS{SFIHAs}SUBJECT TO INUNDAIIDN BY
1 j THE 2%ANNUAL CHANCE FL n anc 000 -The 1%annual chr Rood IS([]•
year 1,also know as the base flood,Is the Good ghat has a I%chance of
` A being equaled or exceeded In any Oven year SFHAs include Zone A.AE,
•-� AN,AO,V,and VE- the Base Flood Elevation(BFE}is tlse water surface
elevation of the 14K annual chance fiord Mandatory Rood insurance
Property Information Notes: pO+duseapplietlnIhesetooes
COUNTY. HAWAII _ ZomA.No OF determined
7MK NO *
Zone AE BFE determined
WATERSHED: OPEA
PARCEL ADDRESS: ADDRESS NOT F0LIND lone AH.Flood depths of 1 to 3 feet(usual IV areas of pondinSl,
HAKALAU.HI 96710
BFE determined.
Zone AD: Flood del d of 3 to 3 fees (usually sheet flew on
Flood Hazard Information sloping terrain);wvwage depths determined
FIRM INDEX DATE- SEPTIMBF R 29,2011
Zone V-Cwstal Rood none with velocity harped}wave+marl:
LETTER OF MAP CHANGEfS): NONE
no OF determined.
FEMA FIRM PANEL: ISS166045OF Zone VE Coastal flood cone with velonIty haeard{wave action},
BFE determined.
PANEL EFFECTIVE DATE: MPTEMOER 19,2017
— Zone AEF Floodwoy areas in Zone At. the floodway is the
chanrsel of stream plus any adtace it floodplain areas that must
be kept free of e+scrouhmenl so that the 1%annual chance
flood can be car ri rd wit hoot iner ea sins the BFE.
NON-SPECIAL FLOOD HAZARD AREA•An area in■low-to-moderate risk
THIS PROPERTY IS WITHIN A TSUNAMI EVACUTION ZONE: NO •land:one No mandatory flood insurance purchase requrFemenis apply,
FOR MORE INFO VISIT-http-//www.scd.haweii.gov/ oui coverage is awitaNe in pnr Tic ipanng communitxs.
THIS PROPERTY iS WITHIN A DAM EVACUATION ZONE: NO Zone R5 I shaded} Areas of 0 2%annual chance flood;areas of
FOR MORE INFO VISIT!ht tp!//dErweng,howaii.gov/dam/ 1%annual chance Good with average depths of less than 1 foot
OF with draruge areas less than I square mile, and areas
Protected by levers from 1%annual chance flood
Zone X Areas deternt I ned I be outside the 0.2%annual chance
D 400 800 fl floocipl3-
0 THE R FLOOD AREAS
Zane D: Unstudied areas where flood haxaFds are undeter•
mined,but RD"g is possible-No mandatory flood insurance
purchase apply.but coverage is available in partltipating,commu-
nines.
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DAIAD Y.ICE ISAAC W.CHOY
GOVERNOR DIRECTOR OF TAXATION
JOSH GREEN M.D.
LT.GOVERNOR DEPUTY DIRECTOR
STATE OF HAWAI'l
DEPARTMENT OF TAXATION
POWER-ON COACHING INC. Date: June 24,2022
PO BOX 165 0 13 Letter ID: L1697154816
HAKALAU HI 96710-0165 Case Number: 1464932
Tax Clearance Approval Letter rnML004 v20
STATE OF HAWAII—DEPARTMENT OF TAXATION LETTER ID:L1 6 971 5481 6
TAX CLEARANCE APPLICATION CASE ID:1464932
Form A-8 can be filed electronically OR for all state,city,or county government
contracts,may be obtained through Hawaii Compliance Express.See Instructions. FOR OFFICE USE ONLY
(NOTE:References to"married"and"spouse"are also references to BUSINESS START DATE IN HAWAII
"in a civil union"and"civil union partner,"respectively.) IF APPLICABLE
1.APPLICANT INFORMATION: 2/6/2008
Applicants Name POWER-ON COACHING INC. HAWAII RETURNS FILED
IF APPLICABLE
Address PO BOX 165 HAKALAU HI 96710-0165
DBA/Trade Name EXCLUSIVE ADDICTION TREATMENT CENTER
2.TAX IDENTIFICATION NUMBER:
HAWAII TAX I.D.# T-165-208-8832 STATE APPROVAL STAMP
(State Approval QR Code)
FEDERAL EMPLOYER I.D.#(FEIN) 26-1948235
Issued:Jun-24-2022
SOCIAL SECURITY#(SSN)
❑ 0
3.APPLICANT IS AIAN: (Check only ONE box)
[]CORPORATION [X]S CORPORATION []TAX EXEMPT ORGANIZATION }
Y
[]INDIVIDUAL []PARTNERSHIP []ESTATE []TRUST 0 r
[]LIMITED LIABILITY COMPANY []LIMITED LIABILITY PARTNERSHIP []OTHER You may scan the OR do to
authenticate this tax clearance
[]SINGLE MEMBER LLC 'IRS APPROVAL STAMP
[]SUBSIDIARY CORPORATION
4.THE TAX CLEARANCE IS REQUIRED FOR: (MUST check at least ONE box)
[]CITY,COUNTY,OR STATE GOVERNMENT CONTRACT IN HAWAII'
[]REAL ESTATE LICENSE []CONTRACTOR LICENSE []LIQUOR LICENSE
[]FINANCIAL CLOSING []PROGRESS PAYMENT []BULK SALES'
[]HAWAII STATE RESIDENCY []FEDERAL CONTRACT []PERSONAL
[]SUBCONTRACT []COMPLETIONIFINAL PAYMENT []LOAN
[X]OTHER-Permit
"IRS APPROVAL STAMP IS ONLYREQUIRED FOR PURPOSES INDICATED BYAN ASTERISK
r ATTACH FORM G-8A,REPORT OF BULK SALE OR TRANSFER.
6.DECLARATION-I declare that I am either the taxpayer whose name is shown online 1,or a person authorized under section 231-15.6 or 231-15.7,HAS,to sign on behalf of
the taxpayer.If the request applies to a joint return,at least one spouse must sign.I declare to the best of my knowledge and belief,that this is a true,correct,and complete form,
made in good faith pursuant to Title 14 of the HRS,and the rules issued thereunder.
Original Signature on File Jun-24-2022
SIGNATURE DATE TELEPHONE FAX
POWER-ON COACHING INC.
PRINT NAME PRINTTITLE: Corpeode am,er or Memloar,indlVidual(Sole
Proprietor),Trustee,Executor
POWER OF ATTORNEY.if submitted by someone other than a Corporate Officer,General Partner or Member,Individual(Sole Proprietor),Trustee,or Executor,a power
of attorney(State of Hawaii,Department of Taxation,Form N-848)must be submitted with this application.If a Tax Clearance Is required from the Internal Revenue
Service,IRS Form 8821,or IRS Form 2848 is also required.Applications submitted without proper authorization will be sent to the address of record with the taxing
authority.UNSIGNED APPLICATIONS WILL NOT BE PROCESSED.PLEASE TYPE OR PRINT CLEARLY—THE FRONT PAGE OF THIS APPLICATION BECOMES
THE CERTIFICATE UPON APPROVAL.SEE PAGE 2 ON REVERSE&SEPARATE INSTRUCTIONS.Failure to provide required information on page 2 of this application
or as required in the separate instructons to this application will result in a denial of the Tax Clearance request.
mML004
�i�r of
� BUILDING DIVISION - DPW
r•:...... '' COUNTY OF HAWAI I— 101 Pauahf Street, Suite 7— Hilo. Hawaii 96720
Hilo Office (808) 961-8331 . Fax (808) 961-8410 Kona Office (808) 323-4720 Fax (808) 327-3509
April 17, GOLD
TO:
Jeffery W. Darrow
County of Hawaii — Planning Dept.
East Hawaii Office
Aupuni Center, 101 Pauahi St. Hilo Hawaii
Hilo, HI. 96720
SUBJECT:
Variance— PL — SPP-2022-000030
Applicant: Hawaii Recovery Treatment, LLC
Request: To allow a life coaching congregate living Facility for a maximum of 14
residents within an existing dwelling.
TMK: (3) 3-1-003.019 North Hilo, Hawaii
This is to inform you that our records on file, relative to the status of the subject
discloses that:
❑ No Building permit was issued for work done on the premise.
❑ No building permit was issued for the change of occupancy.
❑ At the time of completion, the subject complied with all Building Code
regulations that were in effect.
❑ Variance from any building regulation (Building, Electrical, Plumbing, or
Sign) was/was not granted.
❑ The following violations(s) still outstanding:
❑ Building ❑ Electrical ❑ Plumbing ❑ Sign
® Others:All construction work will require permits and shall comply with
current codes that are enforced at the time the application is submitted.
This status report reflects Building Division records only and does not include
information from other agencies.
Should you have any questions regarding maters contained herein, please feel
free to contact Chris Domino at phone no. (808) 323-4720
Planning D@ p a. Hawai'i County is an Equal Opportunity Provider and Employer
Exhibit? BQ-10
DeVera, Ashley
From: Wilson, Kelly
Sent: Tuesday, May 9, 2023 4:06 PM
To: Kay, Christian
Cc: Jackson, Maija; Darrow, Jeff
Subject: RE: Hawaii Recovery Treatment LLC Special Permit Application Occupancy Questions
Aloha Christian,
It was good to talk with you today.
Residential occupant load is set by 2018 IBC Table1004.5 at 11200 gross square feet.That would be for the residential
structure not specific to the bedrooms. Note that emergency egress is required from sleeping rooms,so bed
configuration should be considered.
Going from 8 guests to 14,would require a change of use,from R-3 to R-4 occupancy per 2018 IBC 310.5. and conditions
per 310.1& 310.2.
When the facility was inspected by DPW Building in 2019,the 2006 IBC was in effect,and now we are under the 2018
IBC.The definitions of R-3 and R-4 have changed,that is why a Change of Use is required. R-4 Occupancy is reviewed the
same as R-3, so Sprinkler system would not be required.
In 2019 DOH Waste Water required an upgrade of the existing cesspool. I suggest to check with DOH Waste Water if the
added occupancy will impact the current system.
ALOHA.
BELLY W1LSON — ❑EPuTy BUILDING CHIEF
COUNTY OF DEPARTMENT OF PUBLIC WORKS
HAWAII BUILDING DIVISION
From: Kay, Christian <Christian.Kay@hawaiicounty.gov>
Sent:Tuesday, May 09, 2023 12:26 PM
To:Wilson, Kelly<KeIIy.WiIson@hawaiicounty.gov>
Cc:Jackson, Maija<Maija.Jackson@hawaiicounty.gov>; Darrow,Jeff<Jeff.aarrow@hawaiicounty.gov>
Subject: Hawaii Recovery Treatment LLC Special Permit Application Occupancy Questions
Aloha Kelly,
Per our conversation this morning, please see the attached Special Permit application to expand an existing Special
Treatment facility from 8 clients to 14 clients with 2 overnight staff members within a 5-bedroom dwelling. For ease of
reference, I have separated out the proposed floor plan and highlighted tin yellow) how many beds/clients proposed for
each bedroom. Is there anything in building code that regulates the number of occupants per bedroom as they are
proposing to go from 8-14 guests in the same 5 bedrooms?
Additionally, I am attaching a Special Inspection Form that was signed-off on by DPW to show the structure's compliance
with the County's Building, Plumbing, and Electrical codes. It appears that this form was necessary as part of their
❑riginal licensing with the State for the existing Special Treatment Facility. Please note that this form calls out an R-3
Planning Dept. 1
Exhibit 2
occupancy,and the applicant is using this as evidence that having a Special Treatment Facility in an R-3 occupancy
building is OK per the County.
Based on our earlier discussion,will you please advise whether a change of use building permit from R-3 to R-4
occupancy will be necessary?if an R-4 occupancy is necessary, are there any costly upgrades required (e.g.,sprinkler
system, etc.).
Please let me know if you have any questions.
Mahalo,
Christian
Christian Kay, Planner
County of Hawaii Planning ❑epartment
Aupuni Center, 101 Pauahi Street, Suite No. 3
Hilo, Hawaii 96720
Phone: (808) 961-8136
Fax: (808) 961-8742
Email: christian.kay@hawaiicounty.gov
Website: https://www.planning.hawaiicounty.gov/
a County of Hawaii
Zoning&Subdivision Code Update
Project Website:COHcodeupdate.com
2
a'�w AXrh k y.
1+1 .i ey
DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAVI
345 KEKUANAG'ASTREET, SUITE 20 HILO, HAWAI-I 96720
°F rr.nva'•
TELEPHONE (808)961-8050 • FAX(808)961-8657
March 23, 2023 0;3" PL�jNN1 1NG r,EDT
TO: Mr. Zendo Kern, Director
Planning Department
FROM: Keith K. Okamoto, Manager-Chief Engineer
SUBJECT: Special Permit Application {PL-SPP-2022-000030)
Applicant— Hawai`i Recovery Treatment, LLC
Request: To Allow a Life Coaching Congregate Living Facility for a
Maximum of 14 Residents Within an Existing Dwelling
Tax Mal) Key 3-1-003:019
We have reviewed the subject appl[cation and have the following comments.
The subject parcel does not have an existing water service with the Department, as the parcel is not
within the service limits of the Department's existing water system.
Therefore, the Department has no objections to the proposed application, subject to the applicant
understanding and accepting that the Department cannot provide service.
Should there be any questions, please contact Mr. Troy Samura of our Water Resources and
Planning Branch at(808) 961-8070, extension 255.
Sincerely yours,
It"
Keith K. Okamoto, P.E.
Manager-Chief Engineer
TS:dfg
copy—Hawai`i Recovery Treatment, I.LC
Planning Dept.
Exhibit 3 Water, Our Wost precious source . . . Ka WaiA Kane. . .
The Department of Water Supply Is an Equal❑pportunity provider and employer.
JOSH GREEN,M.D. 6 pr y KENNETH S. FINK,M.D, MGA,MPH
GOVERNOR OF HAWAII Rr 5asa �� DIRECTOR OF HEALTH
KE KIA'AINA D KA MOKU'AINA O HAWAH g KA LUNA HO'OKELE
f
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O.BOX 916
HILO.HAWAII 96721-0916
MEMORANDUM
DATE: March 29, 2023
TO: Mr. Zendo Kern
Planning Director, County of Hawaii
FROM: Eric Honda
District Environmental Health Program Chief
SUBJECT: Special Permit Application (PL-SPP-2022-000030)
Applicant: Hawaii Recovery Treatment, LLC
Request: To Allow a Life Coaching Congregate Living Facility for a
Maximum of 14 Residents Within an Existing Dwelling
TMK: 3-1-003.019, North Hilo, Hawaii
In most cases, the District Health Office will no longer provide individual comments to
agencies or project owners to expedite the land use review and process.
Agencies, project owners, and their agents should apply Department of Health "Standard
Comments" regarding land use to their standard project comments in their submittal.
Standard comments can be found on the Land Use Planning Review section of the
Department of Health website: littps:;iliealtli.liawaii.govlepollandusel. Contact
information for each Branch/Office is available on that website.
Note: Agencies and project owners are responsible for adhering to all applicable
standard comments and obtaining proper and necessary permits before the
commencement of any work.
General summary comments have been included for your convenience. However,these
comments are not ail-inclusive and do not substitute for review of and compliance with all
applicable standard comments for the various DOH individual programs.
Clean Air Branch
1. All project activities shall comply with the Hawaii Administrative Rules(HAR),
Chapters 11-59 and 11-60,1.
Planning Dept.
Exhibit 4
Zendo Kern
March 29, 2023
Page 2 of 4
2. Control of Fugitive Dust: You must reasonably control the generation of all
airborne, visible fugitive dust and comply with the fugitive dust provisions of
HAR §11-60.1-33. Note that activities that occur near existing residences,
businesses, public areas, and major thoroughfares exacerbate potential dust
concerns. It is recommended that a dust control management plan be developed
which identifies and mitigates all activities that may generate airborne and visible
fugitive dust and that buffer zones be established wherever possible.
3. Standard comments for the Clean Air Branch
are at: littps://healtli.liawaii.gov/epo/tanduse/
Clean Water Branch
I. All project activities shall comply with the HAR,Chapters 11-53, 11-54, and 11-55.
1. The following Clean Water Branch website contains
information for agencies and/or project owners who are
seeking comments regarding environmental compliance for
their projects with HAR, Chapters 11-53, 11-54, and 11-55:
https:/,,health hawaii.2ov/cwb/clean-water-branch-home-
pa,-,e/cwb- standard-comments/.
Hazard Evaluation & Emergency Response Office
1. A Phase I Environmental Site Assessment(ESA) and Phase II Site Investigation
should be conducted for projects wherever current or former activities on site may
have resulted in releases of hazardous substances, including oil or chemicals.
Areas of concern include current and fonner industrial areas, harbors, airports,
and formerly and currently zoned agricultural lands used for growing sugar,
pineapple or other agricultural products.
2. Standard comments for the Hazard Evaluation& Emergency Response Office
are at: littps;//health.hawai i,gov/epo/tandusel.
Indoor and Radiological Health Branch
1. Project activities shall comply with HAR Chapters 11-39, 11-45, 11-46, 11-501, 11-
502,
1 1-503, and 11-504.
2. Construction/Demolition Involving Asbestos: If the proposed project includes
renovation/demolition activities that may involve asbestos, the applicant should
contact the Asbestos and Lead Section of the Branch at
hops://heal di.h awai i.�,iov/i rhb/asbestos/.
Safe Drinking Water Branch
1. Agencies and/or project owners are responsible for ensuring environmental
compliance for their projects in the areas of 1) Public Water Systems; 2)
Underground Injection Control; and 3) Groundwater and Source Water Protection
in accordance with HAR Chapters 11-19, 11-20, 11-21, 11-23, 11-23A, and 1 l-
Zendo Kern
March 29, 2023
Page 3 of 4
25. They may be responsible for fulfilling additional requirements related to the
Safe Drinking Neater program: litWs://health.liawaii.gov/sdwb/.
2. Standard comments for the Safe Drinking Water Branch can be
found at: Baps://health.liawaii.2ov/epo/Iandusel.
Solid & Hazardous Waste Branch
I. Hazardous Waste Program - The state regulations for hazardous waste and used
oil are in HAR Chapters 11-260.1 to 11-279.1. These rules apply to the
identification, handling, transportation, storage, and disposal of regulated
hazardous waste and used oil.
2. Solid Waste Programs -The laws and regulations are contained in HRS Chapters
339D, 342G, 342H, and 3421, and HAR Chapters 11-58.1 and 1 1-282.
Generators and handlers of solid waste shall ensure proper recycling or disposal
at DOH-permitted solid waste management facilities. If possible, waste
prevention, reuse, and recycling are preferred options over disposal. The Office
of Solid Waste Management also oversees the electronic device recycling and
recovery Iaw, the glass advanced disposal fee program, and the deposit beverage
container program.
3. Underground Storage Tank Program—The state regulations for underground
storage tanks are in HAR Chapter 11-280.1. These rules apply to the design,
operation, closure, and release response requirements for underground storage
tank systems, including unknown underground tanks identified during
construction.
4. Standard comments for the Solid& Hazardous Waste Branch can be
found at: hgps://Health.liawaii.aov/eparlandusel.
Wastewater Branch
For comments, please email the Wastewater Branch at doh.wwb rr doll.hawaiii-gov.
Sanitation /Local DOH Comments:
1. Noise may be generated during demolition and/or construction. The
applicable maximum permissible sound levels, as stated in Title 11, HAR,
Chapter 11-46, "Community Noise Control," shall not be exceeded unless a
noise permit is obtained from the Department of Health.
2. According to HAR§11-26-35, No person, finn, or corporation shall demolish or
clear any structure, place, or vacant lot without first ascertaining the presence or
absence of rodents that may endanger public health by dispersal from such
premises. Should any such inspection reveal the presence of rodents, the rodents
shall be eradicated before demolishing or clearing the structure, site, or vacant lot.
A demolition or land clearing permit is required prior to demolition or clearing.
Zendo Kern
March 29, 2023
Page 4 of 4
Other
1. CDC - Healthy Places - Healthy Community Design Checklist Toolkit
recommends that state and county planning departments, developers, planners,
engineers, and other interested parties apply these principles when planning or
reviewing new developments or redevelopment projects.
2. If new information is found or changes are made to your submittal, DOH reserves
the right to implement appropriate environmental health restrictions as required.
Should there be any questions on this matter, please contact the Department of
Health, Hawaii District Health Office, at(908) 933-0917.
DeVera, Ashley
From: ❑BEAT State Planning Edbedt.stateplanning@hawaii.gov>
Sent: Wednesday, April 19, 2023 8:23 AM
To: Planning Internet Mail
Cc: Balassiano, Katia
Subject: OPSD response: Request for Comments on Application No. PL-SPP-2022-000030 for
Hawaii Recovery Treatment on TMK: (3) 3-1-003:019
Aloha,
We apologize for our tardy reply. While the proposal involves providing services to a greater number of residents,the
changes to the existing dwelling and parking area d❑ not appeart❑ be significant.Additionally,the agricultural activities
❑nsite are expanding. As such,we have no concerns or comments at this time.
Thank you,
Megumi Nakayama
Secretary, Land Use Division
State of Hawaii Office of Planning&Sustainable Development
Dept.of Business,Economic Development&Tourism
235 S. Beretania Street,6th Floor
Honolulu,Hawaii 96813
(808)587-2842
From: Dacayanan, Melissa<Melissa.Dacayanan@hawaiicounty.gov>
Sent: Friday, March 17, 2023 1:48 PM
To: DPW Eng<dpweng@hawaiicounty.gov>; DWS<dwsengineeringreview@hawaiidws.org>;cohdem
<cohdem@hawaiicounty.gov>; HCPDONE <HCPDONE@hawaiicounty.gov>;Wilson, Kelly
<Kelly.Wilson@hawaiicounty.gov>; DOH.OHCALicensing<DOH.OHCALicensing@doh.hawaii.gov>; DBEDT LUC
<dbedt.Iuc.web@hawaii.gov>; DBEDT State Planning<dbedt.stateplanning@hawaii.gov>; H DOA.P LAN NING
<hdoa.planning@hawaii.gov>; DLNR.LD.Land<dlnr.land@hawaii.gov>; Kato, Norren<Norren.Kato@hawaiicounty.gov>;
April Suprenant<April.Surprenant@hawaiicounty.gov>; Bethany Morrison<bethany.morrison@hawaiicounty.gov>;
Baybayan, Clinton rClinton.Baybayan@hawaiicounty.gov>; Fire Admin<fire@hawaiicounty.gov>; Henderson, Royd
<Royd.Henderson@hawaiicounty.gov>; Kawasaki, Edward<Edward.Kawasaki@hawaiicounty.gov>; Kurashige, Palani
<Palani.Kurashige@hawaiicounty.gov>; Miura, Lisa <Lisa.Miura@hawaiicounty.gov>; RPT Mapping
<rptmapping@hawaiicounty.gov>;Jo, Keita<Keita.Jo@hawaiicounty.gov>; Honda, Eric T.
<Eric.Honda@doh.hawaii.gov>; DOH.WWB<DOH.wwb@doh.hawaii.gov>; Une, Michael Y.
<michael.une@doh.hawaii.gov>; Pruder, Sina L<sina.pruder@doh.hawaii.gov>
Cc: Palma, Maryam <Maryam.Palma@hawaiicounty.gov>
Subject: [EXTERNAL] Request for Comments on Application No. PL-SPP-2022-000030 for Hawaii Recovery Treatment on
TMK: (3) 3-1-003:019
Importance: High
Good afternoon,
Please see the attached memo requesting your review and comments on the subject
application. Link to review the application in the County's web-based EPIC system can be found
below:
■ Hawai'i Recovery Treatment, LLC Planning Dept.
i
Exhibit 5
We kindly ask that you submit your oomments to pianning2hawaiicounty.gav no later than April
14, 2023.
Should you have any questions, please feel free to contact Planner Maryam Palma at (808) 9E1-
8139.
Thank you.
Me&ma VacaqanaA,SaUwAft
101 Pa.whu robAmL,5uAe 3
R",Ft.a. UXU 96720
ph".e.:(848}961-8156 am[808}961-8742
�t���:1�'leLiaacu.�tx�x���ua[�h,auux��se4vi#�a�
County of Hawai'i
Zoning & Subdivision Code Update
Project Website: COHcodeupdate.com
2