HomeMy WebLinkAboutPD Background Report (PL-USE-2023-000009) B TraylorUSE.cm.6-15-23
COUNTY OF HAWAI`I PLANNING DEPARTMENT
BACKGROUND REPORT
LELAND TRAYLOR
USE PERMIT APPLICATION (PL-USE-2023-000009)
LELAND TRAYLOR is requesting a Use Permit to operate a 3-bedroom bed and breakfast
establishment within an existing 3-bedroom dwelling and an existing 2-bedroom `ohana dwelling
situated on approximately 33,006 square feet of land within the Single-Family Residential-20,000
square feet (RS-20) zoning district. The subject property is located at 11-3 789 Pearl Avenue, on
the southwest corner of its intersection with 12th Street, Mauna Loa Estates, Volcano, Puna,
Hawaii TMK: (3) 1-1-012:037.
APPLICANT'S REQUEST
1. Request: The applicant is requesting a Use Permit to establish a 3-bedroom bed and
breakfast operation within a single-family dwelling and an existing 2-bedroom `ohana
dwelling on the subject property. The main dwelling has 3 bedrooms and 3 bathrooms, of
which one will be used by guests of the bed and breakfast, and 2 will be used by the
applicant who will also be the onsite caretaker. The detached `ohana dwelling has 2
bedrooms and 2 bathrooms, which will be used entirely by guests. The bed and breakfast
will provide overnight accommodation for a maximum of 8 guests for less than 30 days.
Breakfast will be provided to registered guests only and no other meals will be provided.
No exterior signage for the bed and breakfast establishment is being proposed.
2. Reason for Request: The applicant currently operates a hosted rental. However, in
anticipation of the proposed new regulations for hosted rentals, the applicant decided to
apply for a Use Permit to establish a permanent bed and breakfast operation.
3. Staffing/Employees: The bed and breakfast establishment will be operated by the
applicant and one employee.
4. Hours of Operation: Office hours will be 8:00 am to 5:00 pm, with overnight
accommodation for guests.
5. Timetable and Cost: If the bed and breakfast establishment is approved, the applicant
intends to begin operations immediately and does not feel improvements to the existing
dwelling will be necessary.
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6. Definition of"Bed and Breakfast Establishment": According to Section 25-1-5 of the
Zoning Code, a "bed and breakfast establishment" means any single-family dwellings
and/or guest houses (pursuant to section 25-4-9), which have been permitted on a building
site, in which overnight accommodations and only breakfast meals are provided to a
maximum of ten guests, for compensation, for periods of less than thirty days.
7. Landowner: Traylor Family Trust.
8. Supportive Information: The applicant has submitted the attached in support of his
request. (Planning Department Exhibit 1 — Use Permit Application dated March 5,
2023)
DESCRIPTION OF STATE AND COUNTY PLANS
9. State Land Use District: Urban.
10. General Plan Land Use Pattern Allocation(LUPAG)Map: Low Density Urban,which
allows for residential, with ancillary community and public uses, and neighborhood and
convenience-type commercial uses; overall residential density may be up to 6 units per
acre.
11. County Zoning: Single-Family Residential-20,000 square feet(RS-20).
12. Puna Community Development Plan (PCDP): The PCDP was adopted by the Hawai`i
County Council, Ordinance 08 116, on September 10,2008. The subject property is located
in the Residential Zone of the Volcano Community Village Center area.
13. Special Management Area (SMA): The property is not within the County's Special
Management Area and is located approximately 11 miles from the nearest shoreline.
14. Coastal Zone Management: The entire State of Hawaii lies within the Coastal Zone
Management area.
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
15. Subject Property: The subject property is rectangular in shape. It is improved with a 2-
story single-family dwelling constructed in 2018 under Building Permit No. BH2O18-
01098, situated towards the southeast corner of the property. A new `ohana dwelling
(Building Permit No. PW.B2023-000186) is currently under construction in the northwest
corner of the property. The remainder of the property is covered with vegetation.
16. Surrounding Zoning/Land Uses: The properties immediately to the northeast,northwest,
and southwest of the subject property are similarly zoned Single-Family Residential-
-2-
20,000 square feet(RS-20) and used for residential purposes. The property to the southeast
is zoned Agricultural-20 acre (A-20a) and is undeveloped. The nearest neighbor is located
about 100 feet to the southwest of the main dwelling.
17. Flood Insurance Rate Map(FIRM): The property is classified as Flood Zone"X,"(Area
of Minimal Flood Hazard) according to the FEMA Flood Insurance Rate Mapping system.
18. Flora/Fauna Resources: No formal flora/fauna study was submitted with the application.
A portion of the subject property was cleared in 2018 for the construction of an existing
single-family dwelling. According to the applicant, the site's vegetation consists of ohia,
olapa, mamaki, and koa trees, hdpu`u, palapalai, and uluhe ferns. It also contains several
invasive species such as strawberry guava, himalayan raspberry, and ginger. There are no
known endangered species of plants or animals on the subject property.
19. Archaeological/Cultural/Historical Resources: No archaeological and cultural study
was conducted of the property as the subject property has been previously impacted by
ground-disturbing activities associated with residential development. The subject site is not
adjacent and/or proximate to the shoreline, therefore gathering of marine life and coastal
access for Native Hawaiian gathering and fishing rights is not an issue. The applicant states
they have not observed the property or adjoining properties being used by Native
Hawaiians for the gathering of plants in recent times. No further ground disturbance is
being proposed.
20. Public Access: There is no public access to the mountains or the shoreline that nuns
through the property.
PUBLIC UTILITIES AND SERVICES
21. Access/Parking/Traffic: The subject property has two access points, one driveway to the
single-family dwelling from Pearl Street and the other driveway from 12th Street to the
`ohana dwelling under construction. Both Pearl Street and 12th Street are privately owned
and maintained roadways. According to the Hawaii County Zoning Code Section 25-4-
5 1(a)(2), a bed and breakfast establishment must provide one parking stall for each guest
bedroom and one stall for the dwelling. The property has two driveways that can
accommodate five off-street parking stalls that will be available to guests. According to the
applicant,traffic impacts to the subject property are not anticipated to be significant, given
the small scale of the proposed 3-bedroom bed and breakfast. Further, the County Police
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Department does not anticipate any significant impact on traffic and/or public safety
concerns.
22. Water: According to the Department of Water Supply, the subject property is not within
the service limits of the Department's existing water system facilities. The property is
currently being serviced by an existing water catchment tank.
23. Fire Prevention: According to the Fire Department, Fire Department access and water
supply shall comply with Chapter 18 of the 2018 Hawaii State Fire Code and Chapter 26
of the Hawai`i County Code.
24. Wastewater: There is no public sewer available in the area. The single-family dwelling
and `ohana dwelling are currently being serviced by one septic individual wastewater
system.
25. Solid Waste: The property owner utilizes a private waste disposal service for their solid
waste.
26. Food Service Operations: By definition, bed and breakfast establishments may only
provide breakfast meals to guests. The Department of Health (DOH) has responded that a
food establishment permit will be required if meals are to include "potentially hazardous
food." If the bed and breakfast will only offer commercial cereals, certain pastries, breads,
fruits, coffee, tea, or juice, then a food establishment permit may be avoided, however the
limited menu must be documented with DOH and the applicant must comply with other
DOH requirements.
27. Essential Utilities and Services: Electrical and telephone services are available to the
subject property. The nearest police station is approximately 20 miles northeast of the
subject property, and the nearest volunteer fire station is 2 miles northwest.
AGENCY COMMENTS
28. State Department of Land and Natural Resources —Engineering Division (Planning
Department Exhibit 2—April 28,2023 Memo).
29. State Department of Health (Planning Department Exhibit 3 —May 8,2023 Memo).
30. Department of Environmental Management (Planning Department Exhibit 4 —May
17, 2023 Memo).
31. Department of Water Supply(Planning Department Exhibit 5—May 10,2023 Memo).
32. Fire Department(Planning Department Exhibit 6 -May 5,2023 Memo).
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33. Police Department (Planning Department Exhibit 7—May 1, 2023 Memo).
AGENCIES—NO COMMENTS/NO CONCERNS
34. Department of Land and Natural Resources — Land Division, and Department of Public
Works -Engineering Division.
AGENCIES—NO RESPONSE
35. Real Property Tax Office.
PUBLIC COMMENTS
36. There are no public comments to date on this application.
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USE PERMIT APPLICATION
COUNTY OF HAWAI`I
PLANNING COMMISSION
(Type or legibly print the requested information)
APPLICANT(S): e �Gt fl l f'Gt �
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APPLICANT'S SIGNATURE: ? �'�-- 6 DATE:
ADDRESS: Ave
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LIST APPLICANT'S INTEREST (if not owner): C>k')A ,2 r/' Y ti S P,P
PHONE: (Bus.) (Res.) (Email) ✓'��6' ��%1� ���i �S��i GcYj
REQUEST: 96 1-7 d 6
TAX MAP KEY(S): I — (' y 1 9'0 0 3 7 ZONING:
SIZE OF PROPERTY /AREA OF REQUESTED USE: 3 3}j(-'"0 Sr9 00 6 S�j t
LANDOWNER(S): �1^�i 4�In �`� �►� w S �" , L P( G 1-1 p) F✓'q��C�✓ �r-W 5(ee
FEE SIMPLE LANDOWNER(S) WRITTEN AUTHORIZATION
(may be provided by letter with the below statement included):
DATE:
DATE:
AGENT:
AGENT ADDRESS:
PHONE: (Bus.) (Res.) (Email)
'Pease indicate to whom on ^
inall�correspondence and copies should be sent.
ORIGINAL: L e �� 1-1 1 r q ('0 COPIES:
a ( 3 < 6
Planning Dept.
Exhibit 1
Application for B and B permit, TMK 1-1-012.037 Traylor Family Trust
3A- The reason for this request is we propose to operate a Bed and Breakfast per
county code chapter 25.4.7. This proposed establishment will be owner-occupied and
owner operated. It will consist of two buildings, the first a fully permitted, certificate of
occupancy issued, three bedroom, three bath, 1530 square foot main house completed
in 2018, the second a 1000 square foot, 2 bedroom, 2 bath approved Ohana structure
located on the same TMK. The Ohana permit was approved on August 22, 2022. The
building permit for the Ohana (Permit Number: PW.B2023-000186), has been approved.
No additional structures or construction are planned beyond the two fully permitted
buildings described above.
Office hours will be 8am to 5pm, but guests will be on site overnight. There will be one
employee, the owner-operator, and 8 guests maximum. The proposed use is allowed at
this time under existing county transient accommodation regulations, no expansion or
change is proposed beyond that currently allowed. No additional buildings or alteration
are proposed beyond those already permitted. Although a permit to operate a hosted
short term rental is not required at this time, this request is made after talking to
planning department personnel in anticipation of proposed new regulations for hosted
transient accommodations.
313- It is proposed that the owner will occupy 2 bedrooms of the main house. The
proposed b and b will consist of the remaining bedroom/bath in the main house, and the
two bedrooms/bathrooms in the Ohana. See diagram below.
3C- The proposed B and B is located within the IRS district and is designated Urban by
the State Land Use Commission. It is located within the approved Mauna Loa Estates
Subdivision in the Volcano area. There are no pending subdivision actions affecting the
subject TMK property nor has a variance, Planned Unit Development, cluster plan
development or other preemption from the requirements of the Hawaii county code
been granted. There has not been a previously approved variance from the subdivision
code (chapter 23) and the zoning code (chapter 25) on the property. The property does
have an approved Ohana permit and Ohana building permit.
3d- The property is located within the IRS district, the subject property, and all other
properties in the subdivision are designated RS-20. The two closest neighbors are
approved transient accommodations, and many hosted and non-hosted transient
accommodations are located in the area.
3e- This property is located in flood area Zone X: Areas determined to be outside the
0.2% annual chance Flood zone. according to the DLNR flood assessment tool.
3F- There are no known archaeological or historic resources located on the subject
property. Based on extensive exploration of the property by the owners, nothing of
interest has been found. Upon discussion with neighbors living in the area, no one has
discovered such resources on nearby or adjacent properties.
3G- There are no existing or known native Hawaiian rights on the property.
Development of the property will not affect any rights of access that currently exist in
and around the property.
3H- The property is located in the rainforest, and is home to native plant and animal
species that are found nowhere else. The area is primarily a well established Ohia
forest with other trees such O/apa and koa. The understory contains many large
hapu`u ferns, Palapalai ferns, and Uluhe ferns, mamaki plus several invasive species
such as strawberry guava, Himalayan raspberry and ginger. Because development of the
rainforest can damage fragile habitats, of this the owners have taken extreme care to
minimize the impact of any development.
No new buildings or development beyond that already approved by Hawaii county is
proposed. Approval of this use permit will not result in additional clearing or
development beyond that already approved. The goal of the owners is to improve the
environment where possible by planting native plants and clearing out invasives, with
goal of preserving as much native rainforest as possible. There are no known rare or
endangered plants or animals nesting or growing in the area of the proposed
development, and approval of this use permit will not cause any significant activities
(such as tree clearing) that would impose additional damage.
31- Mauna Loa Estates Road Maintenance, Inc. (MLERMI for short) is a nonprofit
corporation formed in 1994 for the sole purpose of maintaining roads in the Mauna Loa
Estates subdivision, Volcano, Hawaii. Roads in this subdivision are private and not
maintained by the County. Membership is automatic for every lot, providing the right of
access for all lots in the subdivision. For more information see:
https://m Ierm i96785.wixsite.com/m Ierm i.
Adjacent to the property are two road right of ways, one on 12t" street that is 30 feet
wide, with 20 feet of width paved. This road will provide access to the proposed Ohana.
The second right of way (Pearl Street) is 40 feet wide, with 25 feet paved to the property
line. There is an extension of Pearl Street that is gravel (approximately 60 feet) that
provides access to the main house. No additional access or right of way is proposed by
this use permit beyond that already approved by existing building permits.
3J-A Bed and Breakfast business does not have many customers and suppliers. At
most, three additional vehicles per day will be accessing the property via the roads.
One additional b and b will not change the character of the traffic flow in the area as the
subdivision already has dozens of transient accommodation units, with little impact to
traffic.
3K- All services, electrical, water and sewage are adequately sized for the proposed
activities. All buildings and rooms have been properly permitted and inspected by the
county. The capacity to upgrade electrical and internet services exists without impact io
existing infrastructure. Water and sewer services have been reviewed and approved by
the county during the recent Ohana and building permit reviews. Trash service is
provided privately, and is adequate to meet the needs of the proposed B and B.
4a- This use permit is consistent with the county General Plan Dated February 2005.
The property is located near the largest tourist attraction on the island, Hawaii Volcanos
National Park, in an area designated low density urban (Idu) by the The General Plan
Land Use Pattern Allocation Guide. According to the general plan:
The visitor industry in the Puna district is primarily comprised of bed and breakfast
visitor units....The principal visitor attraction in the region is the Kalapana Extension of
the Hawaii Volcanoes National Park. Although resorts have been proposed previously in
the Kaimu-Kalapana, Kapoho, Pohoiki, and Opihikao areas, none of these have
materialized. .... Courses of Action (a) The development of visitor accommodations and
any resort development in the district shall complement the character of the area. (b)
Consider the development of small family or 'bed and breakfast'type visitor
accommodations and small-scale retreat resort development.
This use permit is consistent with both courses of action for the Puna district- a) the
proposed use is consistent with the character of area, because all the improvements
have building permits meeting the requirements of Idu and and almost all the
accommodations for Volcanos National Park are in the Volcano area. b) this will be a
small bed and breakfast type visitor accommodation.
According to County code section 25-4-7 concerning bed and breakfast
establishments, bed and breakfast establishments may be permitted in IRS districts
subject to a use permit. A special use permit is not required in IRS districts. In general,
owner occupied, owner operated transient accommodations operating within the
definition of county code 25-4-7 are currently allowed in this location as hosed transient
accommodations. The granting of this use permit would not grant any expansion of use
beyond that currently allowed under the hosted transient accommodation rules. We
have chosen to pursue this use permit as our best option for compliance given new
rules are being proposed.
The permitting of hosted and unhosted transient accommodations is currently a topic of
great interest in the state of Hawaii and Hawaii county. A draft bill to update section 25-
1-5 proposes to regulate previously unregulated hosted transient accommodations.
The General plan specifically states that for Puna, the county should consider the
development of bed and breakfast type visitor accommodations to enhance economic
development. Generally, the goal is to bring non-owner occupied, non-owner operated
accommodations into a non-conforming use category, with no additional permits being
granted, to discourage "air bnb empires" from taking housing out of the local stock and
converting it to transient accommodations. On the other hand, to provide economic
opportunities to residents, owner occupied, owner operated transient accommodations
would be allowed.
The Bed and Breakfast permit process has been around for decades and provides a
well established way for owners like myself to make sure that we meet county
requirements consistent with the goals of the General Plan and the desire of the
community to regulate these types of accommodations in residential areas.
Specifically in Volcano, Mauna Loa Subdivision, there are many existing transient
accommodations operating under the law and in harmony with the neighborhood. This
area is far from any resorts or hotels, yet is the home to the largest tourist attraction on
the island, Hawaii Volcanos National park. Visitors that want to lodge near the park
have few choices for lodging except for small B and Bs in Mauna Loa Estates or
Volcano proper. The new regulations proposed for regulating hosted B and Bs will
undoubtably tighten up the supply of transient accommodations by eliminating
unpermitted substandard structures, and those not operating within the regulations.
This lack of accommodation could adversely affect the visitor experience, adversely
affecting other businesses in the area. Additionally, increased traffic from other parts of
the island for visitors that cannot lodge near the park would create additional
congestion.
4b- Per the discussion in section 4a, Volcano is a tourist destination, with many tourist
oriented businesses including a large number of transient accommodation units. Most
of the residents either work for the national park or are involved in businesses related to
the tourist trade. The proposed use is already allowed under the county's hosted
transient accommodation regulations, and the granting of this use permit would not
expand the operation. The TMK proposed for this B and B permit has located on either
side existing permitted transient accommodations. The property does not adjoin any
property that is not a transient accommodation and the proposed use is already allowed
on this TMK, therefore having a B and B in this location will have no additional impact to
the properties in the immediate area. Transient accommodations comprise about 30%
of the properties in the subdivision. In this immediate area and in the overall
subdivision, a hosted Bed and Breakfast will be consistent with the current character of
the area, and will not impact or substantially change the overall welfare of the residents
in this area.
4c- This B and B will not require any additional infrastructure, nor will it significantly
increase the wear and tear on existing infrastructure such as roads and utilities because
nothing changes. There will be no additional students in the schools and should not
require any additional police or fire services. The square footage of the existing and
proposed structures along with improvements such as water and septic tanks have
already been reviewed and approved by the county as part of the Ohana permit
process.
5- See attached
6- Info uploaded to EPIC
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JOSH GREEN,M.D. �P�',�95a,`s, DAWN N.S.CHANG
GOVERNOR I KE KIA'AINA 0 CHAIRPERSON
BOARD OF LAND AND NATURAL RESOURCES
SYLVIA LUKE (zi
COMMISSION ON WATER RESOURCE
LIEUTENANT GOVERNOR I KA HOPE KIA'AINA k. MANAC-EMENT
f t t«
��Vand and
STATE OF HAWAH I KA MOKU`AINA`O HAWAII
DEPARTMENT OF LAND AND NATURAL RESOURCES
S�dte o(HaWa KA`OIHANA KUMUWAIWAI `AINA
LAND DIVISION
P.O.BOX 621
HONOLULU, HAWAII 96809
April 28, 2023
MEMORANDUM
FROM: DLNR Agencies:
_Div. of Aquatic Resources
_Div. of Boating & Ocean Recreation
X Engineering Division (DLNR.ENGR(@hawaii.gov)
X Div. of Forestry &Wildlife (rubyrosa.t.terrago(a)hawaii.gov)
_Div. of State Parks
X Commission on Water Resource Management (DLNR.CWRM(c_hawaii.gov)
_Office of Conservation & Coastal Lands
X Land Division — Hawaii District (gordon.c.heit(aD_hawaii.gov)
X Aha Moku Advisory Committee (leimana.k.damate(a�hawaii.gov)
TO: FROM: Russell Y. Tsuji, Land Administrator,' T'"Jc
SUBJECT: Use Permit Application (PL-USE-2023-000009) — Request to Establish a
Three-Bedroom Bed and Breakfast Within an Existing Single-Family Dwelling
and an Ohana Dwelling
LOCATION: 11-3789 Pearl Avenue, Puna, Island of Hawaii; TMK: (3) 1-1-012:037
APPLICANT: County of Hawaii on behalf of Leland Traylor
Transmitted for your review and comment is information on the above-referenced subject
matter. Please submit comments by May 25, 2023.
If no response is received by the above date, we will assume your agency has no
comments. Should you have any questions about this request, please contact Darlene Nakamura
at darlene.k.nakamura(aDhawaii.gov. Thank you.
BRIEF COMMENTS: ( ) We have no objections.
( ) We have no comments.
( ) We have no additional comments.
( V) Comments are included/attached.
Signed: QQ�:
Print Name: Carty S. Chang, Chief Engineer
Division: Engineering Division
Date: May 18,2023
Attachments
cc: Central Files
Planning Dep,.
Exhibit 2
DEPARTMENT OF LAND AND NATURAL RESOURCES
ENGINEERING DIVISION
LD/Russell Y. Tsuji
Ref: Use Permit Application (PL-USE-2023-000009)—Request to Establish a
Three-Bedroom Bed and Breakfast Within an Existing Single-Family
Dwelling and an Ohana Dwelling
Location: 11-3789 Pearl Avenue, Puna, Island of Hawaii
TMK: (3) 1-1-012:037
Applicant: County of Hawaii on behalf of Leland Traylor
COMMENTS
The rules and regulations of the National Flood Insurance Program (NFIP), Title 44 of
the Code of Federal Regulations (44CFR), are in effect when development falls within a
Special Flood Hazard Area (high-risk areas). Be advised that 44CFR, Chapter 1,
Subchapter B, Part 60 reflects the minimum standards as set forth by the NFIP. Local
community flood ordinances may stipulate higher standards that can be more restrictive
and would take precedence over the minimum NFIP standards.
The owner of the project property and/or their representative is responsible to research
the Flood Hazard Zone designation for the project. Flood zones subject to NFIP
requirements are identified on FEMA's Flood Insurance Rate Maps (FIRM). The official
FIRMS can be accessed through FEMA's Map Service Center(msc.fema.gov). Our Flood
Hazard Assessment Tool (FHAT) (http://gis.hawaiinfip.org/FHAT) could also be used to
research flood hazard information.
If there are questions regarding the local flood ordinances, please contact the applicable
County NFIP coordinating agency below:
o Oahu: City and County of Honolulu, Department of Planning and Permitting
(808) 768-8098.
o Hawaii Island: County of Hawaii, Department of Public Works (808) 961-8327.
o Maui/Molokai/Lanai County of Maui, Department of Planning (808) 270-7139.
o Kauai: County of Kauai, Department of Public Works (808) 241-4849.
Signed: � r
CARTY S. CHANG, CHIEF ENGINEER
Date: May 18, 2023
JOSH GREEN, M.D. o KENNETH S. FINK, M.D,MGA, MPH
q6.........�!4
GOVERNOR OF HAWAII �rf. e ss a`y DIRECTOR OF HEALTH
KE KIA'AINA O KA MOKU'AINA O HAWAI'I y,: KA LUNA HO'OKELE
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�'O.utraom
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 916
H I LO, HAWAII 96721-0916
MEMORANDUM
DATE: May 8, 2023
TO: Mr. Zendo Kern
Planning Director, County of Hawaii
FROM: Eric Honda
District Environmental Health Program Chief
SUBJECT: Use Permit Application (PL-USE-2023-000009)
Applicant: Leland Traylor
Request: To Establish a Three-Bedroom Bed and Breakfast Within an
Existing Single-Family Dwelling and an "Ohana Dwelling"
TMK: 1-1-012:037 Puna, 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: https://health.hawaii.gov/epo/landuse/. 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 all-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 3
Zendo Kern
May 8, 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: https:Hhealth.hawaii.gov/epo/landuse/
Clean Water Branch
1. 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:
hltps:Hhealth.hawaii.gov/cwb/clean-water-branch-home-
page/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 former 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: hops://health.hawaii.gov/epo/landuse/.
Indoor and Radiological Health Branch
1. Project activities shall comply with HAR Chapters 11-39, 11-45, 11-46, 11-501, 11-
502,
11-503, 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
h=s:Hhealth.hawaii.gov/irhb/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 11-
Zendo Kern
May 8, 2023
Page 3 of 4
25. They may be responsible for fulfilling additional requirements related to the
Safe Drinking Water program: https:Hhealth.hawaii.gov/sdwb/.
2. Standard comments for the Safe Drinking Water Branch can be
found at: hgps://health.hawaii.gov/epo/landuse/.
Solid &Hazardous Waste Branch
1. 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 342I, and HAR Chapters 11-58.1 and 11-282.
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 law, 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: hllps:Hhealth.hawaii._gov/epo/landuse/.
Wastewater Branch
For comments,please email the Wastewater Branch at.doh.wwbgdoh.hawaii.gov.
Sanitation/Local DOH Comments:
1. "Bed and Breakfast establishment" means a single-family dwelling, including a single
guest house, in which overnight accommodations and only breakfast meals are
provided, and the number of guests does not exceed six(6).
2. "Potentially hazardous food" means any food that consists, in whole or in part, of milk
or milk products, eggs, meat,poultry, fish, shellfish, edible crustacea or other
ingredients, including synthetic ingredients in a form capable of supporting rapid and
progressive growth of infectious or toxigenic microorganisms. The term does not
include foods that have a pH level of four and six-tenths or below or a water activity
(aw)value of eighty-five hundredths or less.
3. When required by the County Planning Department, Bed and Breakfast establishments
may request documentation from the Department of Health. The Department of Health
will provide documentation to the Planning Department once written communication
Zendo Kern
May 8, 2023
Page 4 of 4
from the Bed and Breakfast operators are received regarding their food service
operations.
4. If the proposed Bed and Breakfast meal consists of commercial cereal,pastries (except
custards or cream filled), breads, fruits, coffee, tea, and juice, a food establishment
permit will not be required from the Department of Health at this time. This limited
menu must be documented in a letter to the Department of Health. The guests shall be
informed by statements contained in published advertisements, mailed brochures, and
placards posted at the registration area that the food is prepared in a kitchen that is not
regulated and inspected by the Department of Health.
5. For Bed and Breakfast operations that provide meals which include potentially
hazardous foods, a food establishment permit will be required to operate. County
landuse approval for operating a food establishment may also be required. A kitchen
used to prepare foods for individual family consumption will not be allowed to be
permitted. A separate commercial kitchen will need to be constructed.
6. If you have any questions regarding this guideline,please feel free to call the Food
Safety Program at 933-0917.
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(808) 933-0917.
Mitchell D.Roth � y��f Ramzi L Mansour
Mayor t? Director
Lee Lord ., Brenda Iokepa-Moses
Of N' Deputy Director
Managing Director
County of Hawai'i
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
345 Kekuanao`a Street,Suite 41 •Hilo,Hawai'i 96720•cohdem@hawaiicounty.gov
Ph: (808)961-8083 Fax: (808)961-8086
MEMORANDUM
TO: Zendo Kern, Director
Planning Department
FROM: Ramzi I. Mansour, Director
Department of Environmental Management "
DATE: May 17, 2023
SUBJECT: Use Permit Application(PL-USE-2023-000009)
Applicant: Leland Traylor
Request: To Establish a Three-Bedroom Bed and Breakfast Within an
Existing Single-Family Dwelling and an `Ohana Dwelling
Tax Map Key: (3) 1-1-012:037, Puna, Hawaii
The Solid Waste Division has reviewed the subject application and offers the following
comments and/or recommendations (contact the Solid Waste Division for details):
• Commercial operations, State and Federal agencies, religious entities and non-profit
organizations may not use transfer stations for disposal.
The Department has reviewed the subject application and offers the following comments and/or
recommendations (contact the Wastewater Division for details):
• No Hawaii County sewer system in area. Applicant shall follow Hawaii Department of
Health, and all other applicable federal, state, and county regulations.
Planning Depi. County of Hawaii is an Equal Opportunity Provider and Employer
Exhibit 4
v f is
DEPARTMENT OF WATER SUPPLY - COUNTY OF HAWAVI
345 KEKUANAO'A STREET, SUITE 20 - HILO, HAWAI'I 96720
•F nf'NAwI.��.
TELEPHONE (808)961-8050 - FAX (808)961-8657
May 10, 2023
C014 PLP ;-'1N D!__P t
MA I 12023 P#2:27
Mr. Zendo Kern, Director
Planning Department
FROM: Keith K. Okamoto, Manager-Chief Engineer
SUBJECT: Use Permit Application (PL-USE-2023-000009)
Applicant— Leland Traylor
Request—To Establish a Three-Bedroom Bed and Breakfast Within an Existing
Single-Family Dwelling and Ohana Dwelling
Tax Map Key 1-1-012:037
We have reviewed the subject application and have the following comments and conditions.
Please be informed that the subject property is not within the service limits of the Department's
existing water system facilities.
Therefore, the Department's existing water system facilities cannot support the proposed development
at this time. Extensive improvements and additions, which may include, but not limited to source,
storage, booster pumps, transmission, and distribution facilities,would be required.
Should there be any questions, please contact Mr. Troy Samura of our Water Resources and
Planning Branch at (808) 961-8070, extension 255.
Sincerely yours,
�t vm"4-e)
Keith K. Okamoto, P.E.
Manager-Chief Engineer
TS:dfg
copy _. Mr. Leland Traylor
Planning Dept. . . . Water, Our Most ftecious Wsource . . . 7(a Wa1A Kane. . .
Exhibit 5 The Department of Water Supply is an Equal Opportunity provider and employer,
HAWAII FIRE DEPARTMENT . COUNTY OF HAWAII .
HILO, HAWAII 96720
DATE May 5, 2023
Memorandum
TO CLINTON MERCADO, COUNTY OF HAWAII, PLANNING DEPT.
FROM CAPTAIN CLINTON BAYBAYAN, FIRE PREVENTION BRANCH
SUBJECT: LELAND TRAYLOR,BED AND BREAKFAST, (PL-USE-2023-000009)
In regards to the above-mentioned project, Fire Department Access and Water Supply shall
comply with Chapter 18 of the 2018 Hawaii State Fire Code and Chapter 17 of the Hawaii
County Code. For any questions, please email Clinton.BnbUanghawaiicoun . .gov or call
808-323-4761.
Respectfully Submitted,
gff�_
Clinton Baybayan
Fire Prevention Captain
Fire Prevention Branch
Hawaii Fire Department
Planning Dept.
Exhibit 6
MSY Pf y
Mitchell D. Roth Police'• Benjainin T. Muszkmvicx
tfgror
flt'CW•Ht4?,
County of Hawai' i
POLICE DEPAR'TMENT
341)hapi'oknii`+trcct e Hilo.Haµari 96720-3998
i XOX)93;_;31 1 • Fax(808)96I-2389 6gH PLANNING DE"PT
AY 2 2-023 AH,10:29
May 1, 2023
TO 4REA
DO K RN, P NING DIRECTOR
FROMNETH CHO, ASSISTANT POLICE CHIEF
I OPERATIONS BUREAU
SUBJECT: USE PERMIT APPLICATION (PL-USE-2023-000009); APPLICANT:
LELAND TRAYLOR, REQUEST: TO ESTABLISH A THREE-BEDROOM
BED AND BREAKFAST WITHIN AN EXISTING SINGLE-FAMILY
DWELLING AND AN `OHANA DWELLING; TAX MAP KEY (3) 1-1-
012:037, PUNA, HAWAII
Staff, upon reviewing the provided documents, does not anticipate any significant impact
to traffic and/or public safety concerns.
Thank you for allowing us the opportunity to comment.
If you have any questions, please contact Captain Scott Amaral, Puna Patrol, at 965-
2716 or via email at scott_amaral@hawaiicounty.gov.
SA-11i123HQ0557
l la�tiai 1 C'nunt�k all FgUal Opportunity Provider and I mpioNcr"
Planning Dw p l.
Exhibit 7