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HomeMy WebLinkAboutPD Background Report (PL-SPP-2023-000036) BHunziker-SPP 4-14-2023 COUNTY OF HAWAI`I PLANNING DEPARTMENT BACKGROUND REPORT JOAN HUNZIKER SPECIAL PERMIT APPLICATION NO. PL-SPP-2023-000036 JOAN HUNZIKER has submitted an application for a Special Permit to allow the establishment of a three-bedroom Bed and Breakfast within an existing dwelling on approximately 1.001 acres of land in the State Land Use Agricultural District. The subject property is located at 75-495 Nani Kailua Drive,approximately 0.25 miles east(mauka) of its intersection with Hienaloli Road,Pua`a 3rd— `Auhaukea`e 1st, North Kona, Hawaii, TMK: (3) 7-5-012:091. APPLICANT'S REQUEST 1. Request: The applicant is requesting a Special Permit to allow a three-bedroom bed and breakfast establishment within the existing footprint of a permitted, 3,374 square-foot, four-bedroom single-family dwelling. Two of the guest bedrooms will be located within a semi-detached, 490 square-foot structure, and one guest bedroom will be located within a detached, 504 square-foot structure, accommodating a maximum total of six guests at any one time. According to the applicants, breakfast meals will be offered to guests, including fruit from on-site fruit trees. 2. Purpose of Request: The applicant currently operates a two-bedroom, hosted, short-term vacation rental to help offset the cost of maintaining and improving the property's extensive landscaping.Based on the applicant's hosting experiences,hosted vacation rental guests do not expect interaction with the host, whereas guests who reserve a bed and breakfast are seeking a setting that includes on-site breakfast and interaction with the host. Therefore, the proposed three-bedroom bed and breakfast will allow the applicant more opportunity to interact with and enjoy the company of guests in a setting not afforded by the current operation. 3. Staffing/Employees: The applicant will continue to reside on site and operate the bed and breakfast. If the applicant is absent, a designated representative will live on site and assume the same responsibilities. -1- 4. Parking: Off-street parking is available as the applicant has designated three paved parking stalls and one garage parking space for guests of the bed and breakfast operation. 5. Project Timetable/Cost: The applicant intends to begin operating the bed and breakfast upon approval of the Special Permit and does not anticipate construction costs associated with the project. 6. Landowners: Joan C. Hunziker Trust. 7. Supportive Information: A Special Permit is required to operate a bed and breakfast establishment in the State Land Use Agricultural District. The applicant has submitted the attached in support of the request: (Planning Department Exhibit 1 - Special Permit Application received March 2, 2023) STATE & COUNTY PLANS 8. State Land Use District: Agricultural. 9. General Plan Land Use Pattern Allocation Guide (LUPAG) MAP: Important Agricultural Lands. 10. County Zoning: Agricultural-1 acre (A-la). 11. Kona Community Development Plan (KCDP): The KCDP, originally adopted by the Hawaii County Council on September 25, 2008 and most recently amended on September 18, 2019, identifies the preferred land use pattern for the Kona districts. The subject property is located just outside of the Kona Urban Area and is not within any Rural Town Areas. 12. Special Management Area (SMA): The Special Management Area is a part of the Coastal Zone Management Program and regulated by the County. The property is not located within the Special Management Area and is situated approximately 1.8 miles from the nearest coastline. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 13. Subject Property: The subject property is approximately 1.001 acres in size, trapezoidal in shape, and is improved with an existing, four-bedroom, 3,374 square-foot dwelling including a garage, detached bedroom, and pool. The property is situated at the 850-foot elevation level, slopes slightly in an east to west direction and is landscaped with ornamental plants and fruit trees. -2- 14. Building Permits: According to records on file with the Building Division, the following building permits have been issued for the property: • Building Permit No. BK2015-02362: Finalized on October 2, 2015, for a swimming pool/lap pool. • Building Permit No. BK2015-02363: Finalized on October 5, 2015, for a new dwelling. • Building Permit No. BK2016-00402: Finalized on March 21, 2016, for an addition/alteration to the new dwelling. • Building Permit No. BK2016-00682: Finalized on May 10, 2016, for air conditioning. • Building Permit No. BK2017-01322: Issued on September 13, 2017, for photovoltaic panels. 15. Surrounding Zoning/Land Uses: Adjacent properties to the north are zoned Agricultural 5-acre (A-5a) and are used for agricultural and residential purposes. All other surrounding properties are zoned Agricultural 1-acre (A-la) and consist primarily of residential uses and undeveloped land. 16. Flood Insurance Rate Map (FIRM): The Department of Public Works confirmed that the subject property is situated within Zone X on the Flood Insurance Rate Map (FIRM) by FEMA, an area determined to be outside the 500-year flood plain. 17. USDA Soil Type: Soils in the subject property are classified Honuaulu hydrous silt loam, with 2 to 10 percent slopes. 18. Land Study Bureau's Detailed Land Classification System: The southern half of the property is classified as "C" or "Fair" for agricultural productivity, and the northern half of the property is classified as "E" or"Very Poor"for agricultural productivity. 19. Agricultural Lands of Importance to the State of Hawaii (ALISH): The subject property is designated as "Unclassified"by the ALISH.". 20. Flora/Fauna: No professional surveys were conducted of the flora/fauna resources on the property. According to the applicants, the likelihood of any rare or endangered species, habitat or flora on the property is unlikely, given that the property has been extensively improved. The property has been planted with floral resources including Star of India, -3- Monstera, Mimosa, Hawaiian Lily, blue ginger, plumeria, pikake, bird of paradise, anthurium, philodendron, Hawaiian hibiscus, schefflera and ginger. Landscaped areas of the property include ornamental trees such as shower, trumpet thorn, acacia and koa, numerous varieties of palm trees,in addition to fruit trees such as mango,papaya,avocado, lemon, lime, star fruit and orange. The applicant reports that given the elevation above sea level, it would be possible to find the Hawaiian Hawk, or I`o, and the Hawaiian Owl, or Pueo, however the property is not known to be a habitat for such species. 21. Archaeological/Cultural/Historical Resources: According to the applicant, no formal archaeological studies have been done on the subject property.There are no known historic sites on the property as listed on the State or National Register of Historic Places.Although not currently proposed, the applicant states that in the case of any future land disturbance activity, should inadvertent discoveries be made, the applicant will cease work and notify the Planning Department and the Department of Land and Natural Resources — State Historic Preservation Division (SHPD). The subject site is not adjacent and/or proximate to the shoreline, therefore gathering of marine life and coastal access for Native Hawaiian gathering and fishing rights is not an issue. The applicant states they have not observed the property or adjoining properties being used by Native Hawaiians for the gathering of plants in recent times. The applicant has also stated that in the event legitimate gathering claims are made by Native Hawaiians, that they intend to respect and honor such claims and provide the needed access within the site. 22. Public Access: There is no known public access to the shoreline or mountain areas that runs through the property. 23. Traffic: According to the applicant, given the small scale of the proposal, a three-bedroom bed and breakfast should not generate significantly adverse traffic impacts on the local roadway system. PUBLIC UTILITIES AND SERVICES 24. Access: Access to the site is from Nani Kailua Road which is a shared privately-owned 50-foot-wide road and utility easement with a 20-foot-wide pavement and full shoulder improvements. Makai of Hienaloli Road, Nani Kailua Road continues as a County owned and maintained road with a 20-foot-wide pavement within a 50-foot-wide right-of-way. -4- 25. Water: According to the Department of Water Supply (DWS), the subject parcel is currently served by an existing 5/8-inch meter which is allotted one unit of water, equivalent to an average daily usage of 400 gallons per day (gpd) and a maximum daily usage of 600 gpd. DWS notes that water usage over the past year is approximately 1,300 gpd, which is equivalent to four units of water. While DWS states no objection to the establishment of the proposed bed and breakfast, the applicant is requested to reduce current water use and/or implement stringent water conservation methods to permanently reduce water use to a maximum of one unit of water with a maximum usage of 600 gpd. In response to DWS, the applicant states that the higher water use is likely due to irrigation needs for landscaping and fruit trees on the property, and that a leak in the irrigation system may be at fault.As such,the applicant proposes to hire an engineer to review the property's water usage with the objective of developing and implementing recommendations to reduce potable water consumption. 26. Wastewater: Wastewater is presently disposed of into an existing, permitted septic system. 27. Solid Waste: The property owner disposes of their own solid waste. The Department of Environmental Management states that"commercial operations", such as the proposed bed and breakfast, may not use transfer stations for disposal. 28. Food Service Operations: By definition, bed and breakfast establishments may only provide breakfast meals to guests. The Department of Health (DOH) has responded that a food establishment permit will be required if meals are to include "potentially hazardous food". If the bed and breakfast will only offer commercial 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. 29. Real Property Tax: The Real Property Tax Office (RPT) notes that while the subject parcel does not currently have a homeowner exemption, if the special permit is approved and verifiable STVR activity is confirmed through online booking sites or guest reviews, the parcel/owner will not be eligible for the homeowner classification, with the possibility of partial qualification if the homeowner lives on site. In response,the applicant has stated -5- they understand and agree with the comments from RPT. 30. Essential Utilities and Services: Electrical and telephone services are available to the property. 31. Fire, Medical, and Police Services: Fire and medical services are available from the Kailua Fire Station and police services are available in Kailua-Kona. AGENCIES' COMMENTS 32. Finance Department— Real Property Tax Division: (Planning Department Exhibit 2 —March 10, 2023 Memo and March 20, 2023 Email) 33. State Department of Health: (Planning Department Exhibit 3 — March 16, 2023 Memo) 34. Fire Department: (Planning Department Exhibit 4 —March 15, 2023 Memo) 35. Department of Water Supply: (Planning Department Exhibit 5 — March 20, 2023 Letter) 36. Department of Public Works —Engineering Division: (Planning Department Exhibit 6—April 10, 2023 Memo) 37. Department of Environmental Management: (Planning Department Exhibit 7 — March 10, 2023 Memo) AGENCIES—NO COMMENT/CONCERN 38. Police Department,Department of Land and Natural Resources—Land Division, and State Office of Planning and Sustainable Development. AGENCIES —NO RESPONSE 39. State Land Use Commission and State Department of Agriculture. APPLICANT'S RESPONSE TO AGENCY COMMENTS 40. The applicant has submitted a response letter to comments received from the Fire Department, Real Property Tax Division of the Finance Department, Department of Water Supply,Department of Environmental Management, State Department of Health and State Office of Planning and Sustainable Development. (Planning Department Exhibit 8 — March 31, 2023 Letter) PUBLIC COMMENTS 41. No public comments have been received as of the date of this writing. -6- SidneyFuke, Planning Consultant P.O.8UK •Hilo,Hawaii 96720 •Planning•variance-Zoning Cell:(8(}8)98 989 0640 +Subdivision-Land Use Permits E-mail'sidnWuke@gmail.eom •Environmental peports March 2, 2023 Mr. Zendo Kern,Director Planning Department COUNTY OF HAWAI'I 101 Pauahi Street Hilo,Hawai'i 96720 Dear Mr. Kem: Subject: Special Permit Application—Joan Hunziker Proposed 3-room Bed and Breakfast Lot 5,Ka'ainapono Subdivision Auhaukeae 1st North Kona Hawaii TMK: 7-5-012: 091 PIease find enclosed for your review and processing the subject Special Permit application. The applicant currently operates an authorized 2-room hosted short term vacation rental but now wishes instead to operate a 3-room bed and breakfast facility within the 4- bedroom dwelling. The subject property,.consisting of 1.001 acres, is located on the north side of Nani Kailua Drive, approximately a mile mauka of Kuakini Highway in Kailua-Kona. More specifically,while the street address is Nani Kailua Drive, it is located mauka of the Nani Kailua Subdivision within a gated subdivision called Ka'ainapono and is identified by TMK: 7-5-012: 091. That subdivision is located immediately mauka of Hienaloli Road. In that regard,please find following the signed application/letter of authorization and associated report, as well as a list of the names,addresses and tax map key of all property owners within 500 feet of the perimeter boundary of the subject property. The $500 filing fee will be paid online in conjunction with the uploading of this application into EPIC. Should you have any questions on this matter,please feel free to contact me. Thank you very much! cerely, SIDNE M. FUKE Planning Consultant Enclosures cc Ms. Joan Hunziker w/ enclosures via email Planning Dept. Exhibit 1 SPECIAL PERMIT APPLICATION COUNTY OF HAWAII PLANNING DEPARTMENT (Type or Print the requested information) APPLICANT Jaan Hunziker APPLICANT'S SIGNATURE: DATE: 2/02/23 ADDRESS: 49-495 Nani-Kailua Drive Kailua-Kona HI 96740 LIST APPLICANT'S INTEREST IF NOT OWNER: TELEPHONE: (Bus.) (Horne)L307 421-3328 (Fax) REQUEST: Proposed 3-room Bed and Breakfast TAX MAP KEY: 3 75-092: 091 ZONING: A-1a AREA OF PROPERTY/AREA OF REQUESTED USE 1.001 acres 11.001 acres LANDOWNER: Joan Hunziker Trost LANDOWNER'S SIGNATURE: DATE: 2/02/2023 (May be by letter) LANDOWNER'S ADDRESS: 49-495 Nani-Kailua Drive Kailua-Kona, HI 96740 AGENT: SidneK Fuke, Planning Consultant ADDRESS: P.O. Box 1345 Hilo HI 96721 TELEPHONE: (Bus.) (808)J89-0640 (Home) N/A (Fax) Please indicate to whom original correspondence and copies should be sent to: YOAIJ 14 UNZ.t KE Lxhd, C in h e-r -f �l�rt G�h-{- ORIGINAL Sidney Fuke COPIES: Ms. Joan Hunziker Please be informed that as landowner and applicant, I hereby authorize my Planning consultant, Sidney Fuke, to process a Special Permit application for a proposed 3-room bed and breakfast on my property identified by TMK: 7- 5-012: 091. 3 JQA JUNZIKER TRUST (Date) JOAN ffUNZIKER ��.�a( OWI)Cr an.1 Apf[�COJ SPECIAL PERMIT APPLICATION PROPOSED 3-ROOM BED AND BREAKFAST JOAN HUNZIKER Lot 5, KA'AINAPONO SUBDIVISION AUHAUKEAE 1ST, NORTH KONA, HAWAI-I TAX MAP KEY: (3) 7-5-012: 091 I. INTRODUCTION Ms. Joan Hunziker ("Applicant") would like to establish a 3-room bed and breakfast ("B&B") facility within an existing four (4) bedroom single-family dwelling on a 1.001 acre property ("subject site.") The property is located on the north side of Nani Kailua Drive, approximately a mile mauka of Kuakini Highway. As the site is designated Agriculture by the State Land Use Commission, a Special Permit is required to allow the requested use. This report is intended to support the request. II. PROJECT LOCATION As noted earlier, the subject property is located on the north side of Nani Kailua Drive, approximately a mile mauka of Kuakini Highway in Kailua- Kona. More specifically, while the street address is Nani Kailua Drive, it is located mauka of the Nani Kailua Subdivision within a gated subdivision called Ka'ainapono and is identified by TMK: 7-5-012: 091. That subdivision is located immediately mauka of Hienaloli Road. (Figures 1 and 2) III. PROJECT DESCRIPTION A. Protect Background and Concept The Applicant constructed the 4-bedroom, 3,374 square foot dwelling on the subject property in May 2017. (Figure 3) The Applicant has enjoyed operating a 2-bedroom "hosted" Short Term Vacation Rental ("STVR") to help offset some of the cost to maintain and improve upon the site's extensive native ornamental landscaping and/or vegetation. However, the Applicant wants to have more opportunity to interact with and enjoy the company of guests in a B&B setting, which a standard STVR does not fully provide. While a "hosted" STVR provides that opportunity, the interaction is somewhat limited, largely because of the 1 2 \( « � ( \ § } c � � z 2 � \ \ � �\ L , �= d , { / 0 ^ \ 7 , > s EL I / 0 LU : ra \ rien9 9 \ » ^ « FgueI u '.3. MCI Ik lRL A T ..� .. 0; It Ilk �V �11 Iles. � _—_N�•°p}yam � �� V�� V � e �L�-� � I ° J N t € ro FX I$ 'EQ i •0 d Y � %�M C° � \ e Ia a� \ I U Subject o% .._- o `_ f °ws o Site U sl i $,IIIr., i ixC7 a, .. 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As such, the Applicant would like to operate a maximum 3-bedroom B&B, while continuing to live and use the last room for herself. This would enable her to specifically target guests who enjoy the B&B experience. As noted on the site plan, (Figure 3) two (2) bedrooms would be housed in a semi-detached structure, while the other would be within a detached structure adjacent to but under the main roof of the main dwelling. The Applicant would continue to occupy the other bedroom in the main building. While the subject site is not dedicated for agricultural use for real property tax purpose, the landscape is dominated by a variety of native and endemic plants and palm trees. These plants have and will continue to serve as an educational amenity to guests. Programs will be developed to share insights on these and other native Hawaiian plants as well as the importance of the island's water resources and other environmental issues. Relatedly, the Applicant intends to also provide coffee and aquacultural farm tour information to guests, which, collectively, function as an indirect form of Agricultural Tourism. The maximum 3-room B&B would also operate and be consistent with the criteria for B&Bs as outlined in the County Zoning Code. Specifically, these would be: 1. The operator will reside on the same building site. The Applicant will be the operator and, in her absence, have a live in operator living within the dwelling. 2. The rooms will be within a single-family dwelling; 3. The total number of rentable guest rooms would not exceed five (5). There will be a maximum of three (3) rentable rooms; 4. The maximum number of guests at any one time would be capped at six (6), which would be considerably less than the maximum allowable of ten (10); 2 5. Only breakfast meals would be offered to the guests; & There would be a minimum of three (3) parking stalls available for guests in a paved area. There is also a garage that can accommodate three (3) vehicles, one (1) of which, if needed, can be used for the guests. This is reflected in the site plan (Figure 3). 7. Any and all signage will comply with the requirements of Chapter 3 relating to signs. B. Nature of Request Given the above, a Special Permit would be required for the proposed maximum 3-room B&B. C. Project Timetable and Cost As all of the improvements are in, the Applicant hopes to begin implementing the project immediately upon issuance of the Special Permit. At this time, the Applicant does not see any construction cost associated with the operation of the B&B. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The State Land Use designation of the subject property is Agricultural. As such, a Special Permit from the County Leeward Planning Commission is required to authorize the requested use. B. County General Plan The County General Plan Land Use Pattern Allocation Guide ("LUPAG") map was not designed to be specifically measurable and instead be a broad-brush description of desired land use patterns. However, with the advent of technology, the map was formatted into measurable patterns. The County General Plan Land Use Pattern Allocation Guide (°LUPAG") map designates the site on the GIS designated map as Important Agriculture. That designation refers to land that have "better potential for sustained high agricultural yields because of soil type, 3 climate, topography, or other factors." However, immediately makai, the area is designated Urban Expansion. Such a designation allows for a mix of high density, medium, and low density uses, as well as "industrial, industrial-commercial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined." Whether Important Agriculture or Urban Expansion, because the proposed B&B use of this site will not result in the reduction of any currently cultivated land with its predominantly residential use, the requested Special Permit would not be inconsistent with either of those General Plan LUPAG designations, and no amendments would be required. C. Kona Community Development Plan ("CDP") Relative to the Kona CDP, Section 15.1 of the County General Plan called for the development and eventual County Council adoption of Community Development Plans. The General Plan states that the CDP "will translate the broad General Plan statements to specific actions as they apply to specific geographical areas." The General Plan also notes that should the CDP require a General Plan amendment, it could be considered concurrent with the adoption of the CDP. However, "If there is a direct conflict between the Community Development Plan and the General Plan, the General Plan shall be controlling." The Land Use map of the CDP appeared to follow or utilize the digitized version of the General Plan LUPAG map. In that regard, the subject site is situated on the border of the Kona Urban Area, as well as outside of the road concurrency map. Pleases note that the Kona Urban Area generally followed the digitized version of the Urban Expansion of the LUPAG map_ Notwithstanding the map portion of the CDP, the CDP also identified several principles related to its overall "vision." These principles and their relationship to the proposed B&B follow. a. Protect Kona's natural resources and culture. The subject site does not have any critical natural resources, having been already developed as a residence. The site is designated "X" on the Federal Emergency Management Agency's Flood insurance Rate Map_ This designation is assigned to areas 4 outside of the 500-year storm. Appropriate on-site mitigation to accommodate project-generated drainage — if needed - will be addressed and implemented during any building permit and land disturbance aspects of this project. Furthermore, there are no known archaeological features or botanical resources on the subject site that require protection- b. Provide connectivity and transportation choices. The site of this proposed B&B is not identified for any future connector road or on the concurrency map of the Kona CDP. It should be noted, however, that Hienaloli Road is located just makai of the Ka'ainapono Subdivision within which the subject site is located. Hienaloli Road is envisioned in the General Plan as a possible supplementary north/south mid-level road. c. Provide housing choices. This principle is marginally, if at all, pertinent. The project is not a housing one. However, its continued use as a B&B for the Applicant will continue to retain the residential use of the house and unlike an STVR, reserved exclusively for visitor use, which can then effectively remove the dwelling from the housing inventory. d. Provide recreation opportunities. Again, this project is not a recreational one per se. Nevertheless, this site is not a critical resource for recreational opportunities, as it is not a coastal property nor identified in the CPD as an area necessary for future recreational purposes. e. Direct future growth patterns toward compact villages, preserving Kona's rural, diverse and historical character. The location of this site is proximate and somewhat within the town of Kailua, and within the Kona Urban Area of the Kona CDP. As such, the proposed project would be consistent with this principle. f. Provide infrastructure and essential facilities consistent with growth. The basic infrastructure, such as access and water, to support the B&B already exits. 5 g. Encourage a diverse and vibrant economy emphasizing agriculture and sustainable economies. The Land Study Bureau Overall Master Productivity Rating for the subject site appears to have two (2) classifications— "C" (C-73) or fair and "D" (D-293 or poor. The "C" classification suggests that the site is fair for productivity capacity for agricultural crops, while the "D" suggests poor or limited productivity capacity. The "C" classification denotes soils of the Kainaliu series, with moderately deep, fine soil material. The color is very dark brown, and the parent material is volcanic ash, with outcrops of Pahoehoe. This type of soil is well drained and very poorly suited for machine tillability. The "D" classified soils are of the A*a with Pahoehoe with Kainaliu series. This type of soil series has shallow moderately fine soil material, whose parent material is of Pahoehoe and volcanic ash. They are very well drained and very poorly suited for machine tillability. The State of Hawaii's Agricultural Lands of Importance to the State of Hawaii (ALISH) maps classify this site as being either "unclassified" or "Other Agricultural Land Notwithstanding these designations, the Applicant has been able to supplement the ground condition with imported soil to cultivate her ornamental landscaped planting area. The plants have and are anticipated to generate agriculturally related interests from her guests. g. Promote effective governance. This principle is not applicable. The CDP also discusses strategies for the "enhancement" of the agricultural industry in Kona. The requested use would be consistent with two (2) of these strategies. One is the protection of agricultural lands, as no subdivision is being proposed and the ornamental plants will foster agricultural interest, albeit limited. The other relates to agricultural tourism, which this request would be indirectly promoting. 6 Accordingly, the requested use would further the agricultural objectives of both the General Plan and Kona CDP. As such, no action or amendment to either document would be needed to effectuate this project. D. County Zoning The County zoning designation of the site is Agriculture (A-1a). The minimum lot size for this zoning district is one (1) acre. The subject property consists of 1.001 acres and is thus considered a conforming lot of record. Please note that while the various Agriculture zones for lots less than 5 acres are still designated Agriculture, the Zoning Code has now changed that to Family-Agriculture. Aside from the nomenclature change, the basic uses and other requirements of the Agriculture zone generally remain the same. Whether FA-la or A-1a zone, the Applicant's existing dwelling is a permitted dwelling. What is being requested will not require any improvements to the property but only a change of its use to a B&B. While allowed in the Agriculture zone of the Zoning Code, it is not allowed in the State Land Use Agricultural District. As such, a Special Permit is being required, which, if approved would make the B&B use possible. Should the request be approved, subsequent "ministerial" or administrative type of permits such as Plan Approval, if needed, will be complied with. E. Special Management Area The subject site falls outside the Special Management Area. As such, no SMA permit is required. A discussion of the project's relationship to the Coastal Zone Management policies, however, is found in Chapter VIII of this report. F. Other Permitting Considerations As noted earlier, Plan Approval and other ministerial permits to comply with any conditions of the Special Use Permit may still be needed. 7 V. INFRASTRUCTURAL CONSIDERATIONS A. Water The subject site is already serviced by a County approved water meter. As the demand should be no different than a standard family which should use no more than a maximum average daily consumption of 400 gallons per day, no additional meter and/or water service is being requested for this proposed activity. B. Wastewater The existing dwelling is served by a septic system approved by the State Department of Health. This system was predicated upon the use of the existing 4-bedroom dwelling_ As such, whether for a B&B or a conventional 4-bedroom dwelling use, the wastewater demand should presumably be the same. C. Drainage According to the US Corps of Engineers Flood Insurance Rate Map (FIRM), the area of the requested use is situated within Zone X. Said designation refers to areas determined to be outside of the 500-year flood plain. The Applicant has not observed any significant runoff or erosion in the recent past on the subject site. As noted earlier, no physical ground improvements— aside from the normal maintenance and planting of additional landscaping typically associated with the residential use of the subject site are being proposed. However, if any improvements are made requiring significant drainage improvements, appropriate clearance from the County Department of Public Works will be secured prior to proceeding. D. Access and Traffic Implications Access to the project would be from the end of Nani Kailua Road, a County road with a 20-foot wide pavement and full shoulder improvements within a 50-foot wide right-of-way. Beyond that point and mauka of Hienaloli Road, Nani Kailua Road continues via a 50- foot wide road and utility easement to the gated Ka_ainapono Subdivision. The easement has a 20-foot wide road with full shoulder improvements, similar to the lower portion of Nani Kailua Drive. The 8 subject site is located on the north side of the easement, approximately 700 feet from the entrance to the subdivision. While there is very little school traffic in this area, if necessary, to minimize conflicts with school and commuter traffic, the Applicant will have check ins and check outs after the AM/PM peak hours. Furthermore, the number of guests is limited by the number of bedrooms (3). That should be comparable to families living in this area. As such, the project is not anticipated to generate any significantly adverse traffic impacts on the local roadway system. E. Other Utilities Electrical and telephone services are already available to the site. VI. ENVIRONMENTAL CONSIDERATIONS A. General Description The parcel fronts the private portion of Nani Kailua Road, approximately 700 feet from Hienaloli Road. The subject site is an improved residential lot with extensive ornamental plants. There are considerable ornamental plants and some fruit trees on the subject site. As part of her landscaping efforts, the Applicant intends to introduce more plants and fruit trees that would enhance the stay of her guests. The site is situated at approximately the 850-foot elevation level. The mean annual rainfall in this area ranges between 30 to 70 inches. The wetter months tend to occur between June through September. The mean annual temperature is about seventy-five (75) degrees Fahrenheit, with the warmer months during the summer. Because the site is situated on the leeward side of the island, winds tend to be light and variable. Slight easterly winds occur during the day, while westerly or mountain winds are prevalent during the evenings. B. Soils The topography of the site is fairly level, although it slopes slightly in a mauka (east) to makai(west) direction. The slope is less than five (5) percent. 9 The Land Study Bureau Overall Master Productivity Rating for the subject site appears to have two (2) classifications —"C" (C-73) or fair and "D" (D-293 or poor. The "C" classification suggests that the site is fair for productivity capacity for agricultural crops, while the "D" suggests poor or limited productivity capacity. The "C" classification denotes soils of the Kainaliu series, with moderately deep, fine soil material. The color is very dark brown, and the parent material is volcanic ash, with outcrops of Pahoehoe. This type of soil is well drained and very poorly suited for machine tillability. The "D" classified soils are of the A'a with Pahoehoe with Kainaliu series. This type of soil series has shallow moderately fine soil material, whose parent material is of Pahoehoe and volcanic ash. They are very well drained and very poorly suited for machine tillability. The State of Hawaii's Agricultural Lands of Importance to the State of Hawaii (ALISH) maps classify this site as being either "unclassified" or "Other Agricultural Land". Notwithstanding these designations, the Applicant has been able to supplement the ground condition with imported soil to cultivate her ornamental landscaped and fruit bearing areas. The plants have and are anticipated to generate agriculturally related interests from her guests. C. Floral and Faunal Although there were no professional surveys conducted of the floral or faunal resources of the site, the Applicant does not believe that rare or endangered floral or faunal resources are likely to be found within the subject site. Almost all of the floral resources have been introduced by the Applicant over the past three (3) years. These have included plants like the Star of India, Monstera, Mimosa, Hawaiian Lily or Uki Uki, blue ginger, plumeria, pikake, bird of paradise, anthurium, philodendron, Hawaiian hibiscus, schefflera, and ginger. There are also shower, trumpet thorn, acacia and koa trees. The landscaped area also includes a variety of palm trees, such as the manilla, bottle, fish tail, flame thrower, coconut, king, sealing wax, areaa, Phoenix roebelenii, raphis, and Marquesas. 10 There are also fruit bearing trees like mango, papaya, avocado, lemon, lime, star fruit, and orange. The Applicant intends to use the fruits for her guests. It should be noted that at least one of the floral resources - Marquesas Palm (Pelagodoza Henryana), is a rare species found mostly in the Marquesas Islands of French Polynesia_ While rare, that and the other plants are not on any US or Hawaii existing or proposed endangered or protected list. Thus, floral impacts should be minimal. The site is not known to be a habitat for any rare or endangered animal life. Given its elevation, however, it would be possible to find the Hawaiian Hawk (i'o) and the Hawaiian Owl (Pueo). Further the rural nature of the surrounding areas would make it less likely to find endangered animal life in this area. Thus, it would appear that this B&B use would not have any significant negative impact, if at all, on the floral and fauna resources in the area. D. Archaeological Resources As the site has been fully improved, no commissioned archaeological inventory survey was conducted. It is very unlikely that, given the built up nature of the site, there are any archaeological or cultural resources on the subject site. Please note that in the event any inadvertent discoveries are made during any future land disturbance activity relating to the use of the property, work will cease, and the Applicant will immediately notify the Planning Department and the State DLNR and secure their clearances before proceeding further- E. Valued Cultural Resources The recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka'Aina"decisions require decision-makers to consider a project's impact to native Hawaiian gathering and fishing rights. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated traditional and customary practices of this site and the impact of this project to these resources and practices. In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, gathering of marine life and coastal access is not an issue. 11 It is not known whether the subject or immediate surrounding area was used in the recent past for the gathering of plants by native Hawaiians. Almost, if not all of the existing vegetation on the parcel now consists of introduced plant species. Further, the Applicants has not observed any native Hawaiians on the site or adjoining properties gathering plants in recent times. Thus, it would appear unlikely that the site would serve such purpose today. The cultural impacts, if any, thus appear to be non-existent. However, in the event legitimate gathering claims are made by native Hawaiians, the Applicant intends to respect and honor such claims and provide the needed access within the site. F. Volcanic and Earthquake Hazards The United States Geological Survey (USGS) classifies the area as Lava Flow Hazard Zone 4, on a scale of ascending risk 9 to 1. The populated area of Kailua-Kona also falls in this category, while the City of Hilo is classified Zone 3. There is very little that can be done to mitigate this situation and reflects an ongoing threat to all residents and businesses in these areas. The entire island of Hawaii falls within Earthquake Zone 4, according to the County Building Code. As such, certain structural requirements have been taken during the building permit process to address this seismic hazard. In this situation, the Applicant has no plans to make further improvements to the building. In the event it does, compliance with these requirements will be addressed during the building permit process. G. Other There should be little, if at all, increase to the ambient noise levels. The activities would be domestic related. Normal farm machinery or equipment noise would be louder. Besides, as the Applicant will be living on the property, guest noise will be controlled. The air quality in this area is mostly affected by emissions from natural, agricultural, and/or vehicular sources. Vehicular traffic to and from the site should not significantly increase over the current levels. The use itself is non-noxious, and no tour buses will frequent the subject site. 12 Although the site of the dwelling is situated mauki of Kuakini Highway, given the existing vegetation, topography, and distance from the Highway, the dwelling is not visible at all from the Highway. As such, the existing structure should create have no visual impacts from any public roadway. Thus, the requested project should have little or no significant short- or long-term noise, air quality, or visual impacts. VII. PLANNING AND LAND USE CONSIDERATIONS A. Surrounding Land Uses The land use character of this area is a mixture of low density residential use on the makki side, rural within the project and north side, and small farms on the mauka side. There are very limited, if at all, agricultural activities in this area, except for those areas further mauka whose access is from the Old Mamalahoa Highway. For the most part, the immediately surrounding lots are used and/or zoned for residential and agricultural purposes. There are A-9a zoned properties adjacent and south of the Ka'ainapono Subdivision. Properties on the makai side are zoned RS-95, while properties to the north and mauka of the Subdivision are zoned A-5a. For the most part, the A-5a zoned properties secure their access from the Old Mamalahoa Highway where there are some small coffee farms that dot that Highway. As such, although proximate to each other, the different points of access create a different sense of community: the subject site with its access from Kuakini Highway via Nani Kailua Drive through the adjoining single-family residential subdivision has a residential/rural ambiance; while the adjoining properties north and mauka of the subject site with their access predominantly from the Old Mamalahoa Highway has more of a rural/agricultural flavor. Given the existing and zoned conditions and varying accesses, the proposed maximum 3-room B&B would not be incongruous with the emerging rural-residential and rural-agricultural pattern of this area. B. Agricultural Impacts The requested use is intended to complement and enhance the 13 existing rural-agricultural ambiance of this area_ As such, the B&B — as a form of agricultural tourism - should enhance rather than detract from the strength of the agricultural industry. As the proposed activity will occur on a site already not used for commercially cultivated agricultural products, it will not take away productive or potentially productive agricultural land. C. Economic Impacts The Applicant will be operating the B&B. Thus, no new direct employment is expected to be generated by this project, except for the limited cleaning and ground maintenance service which already occurs for its current hosted STVR use. Nonetheless, the operation, albeit small, will still generate added revenue in the form of TAT and GE taxes. Then, too, guests are expected to spend monies within the community in the form of meals and other activities. Vill. Relationship to SMA Objectives and CZMP In reviewing this project against the Special Management Area (SMA) objectives, policies, and guidelines of County Planning Commission Rule No. 9 as well as the Coastal Zone Management Program (CZMP) outlined in Chapter 205A-2, HRS, the following findings are noted: A. Recreational Resources The subject site is situated more than three (3) miles from the shoreline. Additionally, this site does not serve as a mauka-mauai access to the coastline. As such, the requested use should not have any adverse impacts to the recreational resources of the area- B. Historical Resources As the subject site has been fully improved, it is very unlikely that the site has any residual archaeological or cultural resources. Nonetheless, should there be any inadvertent discovery of any archaeological features in conjunction with the use and/or development of any aspect of this parcel, work will stop and appropriate clearances from the State DLNR and County Planning Department will occur before said activity is resumed within the affected area(s). 14 C. Scenic and Open Space Resources The subject parcel is located mauka side of Kuakini Highway and makki of the Old Mamalahoa Highway. The dwelling is not visible with the naked eye from either the shoreline or either of those Highways. Accordingly, the visual impact of this project to the coastal area should be non-existent. Although the site is located on the slopes of Hualalai, it is located on the mauka side of the Kuakini Highway. Given its distance, it is not visible from the Highway and thus should not have any visual impact from a public roadway and should not diminish the open space and scenic resources in this area. D. Coastal Ecosystem As no improvements are contemplated, the existing structure and associated improvements should not result in any increase in the volume of rainwater on the site. Currently, rainwater is naturally drained on site and given the ground and soil condition, rapidly dissipates into the ground. The Applicant believes that existing septic system should be adequate for the proposed B&B use, as the projected number of users of the site should not significantly increase over what was originally intended by the restrooms within the 4- bedroom dwelling and associated structures. Given the above plus the fact that the site is more than three 13) miles from the shoreline, the proposed B&B use should not generate any adverse impacts to the area's coastal ecosystem. E. Economic Uses There were signs that Hawaii's economy was turning around, until the recent COVID pandemic leading to some concerns over continued economic growth. While Hawaii's short-term economic future is still somewhat uncertain, there are signs of recovery. All things considered, it is important to continue with projects such as this that indirectly enhance and emphasize the island's agricultural- tourism industry. Establishments have to be creative to be able to attract visitors looking for unique experiences. This project, working within the framework of existing regulations, may thus help stabilize and/or provide some impetus to the island's 15 economy. Although this project will not directly generate any new full- time job, its importance comes in the form of possibly helping to strengthen — by general exposure -the overall agricultural industry and its attendant educational value. F. Coastal Hazards The subject area is designated Zone "X" (areas of minimal hazard) on the Flood Insurance Rate Map. As such, there would be minimal hazards resulting from floodwaters that cannot be properly addressed during the normal review and approval of any additional improvements to the site by the County. Further, the site is more than three (3) miles from the shoreline and is not within the County's Civil Defense Tsunami Evacuation Zone. G. Managing Development While this function is more applicable to the "authority" or approving agencies, the request is intended to operate within the confines of the existing Zoning Code and Special Permit. The subject site is zoned A- 1a, and the requested use and design/development parameters (parking, height, setback, etc.) are already consistent with said zoning. In that regard, this project would be consistent with the policy of "us(ing), implement(ing), and enforc(ing) existing law effectively to the maximum extent possible in managing present and future coastal zone management." H. Public Participation There is a statewide public advisory body called Marine and Coastal Zone Management Advisory Group (MACZMAG) that has the task, among other matters, of advising the lead agency (Office of State Plan) on coastal management issues. This includes a direct or indirect review of certain requests that may have statewide coastal zone management implications. Public participation in the review of the permitting process is also achieved through the posting of a sign on the property notifying the public of the filing of this application. Additionally, notices to surrounding property owners of the submittal of a Special Use Permit application and another separate notice informing said owners of the date of the Leeward Planning Commission's required public hearing 16 as well as the rights to request for participation via a contested case hearing are mailed. I. Beach Protection and Marine Resources The subject property is not a coastal property. As such, it will have no impacts to these policy concerns. Based: on the foregoing, it is concluded that the proposed improvements would be consistent with the objectives, policies and guidelines of the CZMP, as outlined in Chapter 205A-23, HRS, and Planning Commission Rule No. 9 relating to Special Management Area. Specifically: • The proposed project will not have any substantial adverse environmental or ecological effect. Any effect that may result will be minimized to the extent practicable and is clearly outweighed by public health, safety and welfare, and other compelling public interest. Further, it will not generate any adverse effects by themselves or in conjunction with other individual developments, the potential cumulative impacts of which would result in a substantial adverse environmental or ecological effect and the elimination of planning options. Appropriate mitigative measures will be taken to address any potential adverse impacts of this project; • The proposed use - as discussed earlier- are consistent with the objectives and policies of the coastal zone management program and guidelines of the SMA Rules and Regulations; and • The proposed use is consistent with the County General Plan, Kona Community Development Plan, and the County Zoning Code. Although a Special Use Permit is required to effectuate this project, no amendment to any of those plans is needed. IX. JUSTIFICATIONS FOR REQUEST In determining whether the requested use is an "unusual and reasonable use" and thus should be permitted within the Agricultural District, certain guidelines are used. These guidelines and their relationship to the requested use follow. 17 A. Relationship to Land Use Law and Objectives The subject request will not be contrary to the Land Use Law, which purpose is to preserve, protect and encourage the development of lands in the State for their best uses in the interest of the public welfare. In this situation, the subject site's soil resource is not Class A or B. It is class C (fair) and D (poor). Thus, there would not be a reduction of that premium soil type resulting from the proposed use. Additionally, as the requested use will occur in an area already established for non-cultivated uses, it will not result in the reduction and/or displacement of any on-going or future agricultural activities on the parcel. Because of the nature of the existing agricultural use on the subject site, additional interest in the agricultural industry should be generated by occupants of the B&B. B. Relationship to General Plan and Other Planning Requirements For the sake of this discussion, this report will assume the subject site's digitized version of the more conservative LUPAG designation of Extensive Agricultural instead of possibly Urban Expansion. Under the digitized format, the subject site is designated Extensive Agricultural on the LUPAG map. The Extensive Agricultural land includes lands "that are not capable of producing sustained, high agricultural yields without the intensive application of modern farming methods and technologies due to certain physical constraints such as soil composition, slope, machine tillability, and climate_" Notwithstanding the Extensive Agricultural designation, the proposed maximum 3-bedroom B&B will not result in the reduction of any currently cultivated land. As such, the requested Special Use Permit would not be inconsistent with the General Plan LUPAG designation, and no amendments would be required. The requested use should not detract from the parcel's potential agricultural uses, as the site has been fully improved. Any undeveloped area is intended to be further developed into landscaping and/or fruit bearing trees to support the B&B. With or without the requested use, the amount of cultivatable area should remain the same. Furthermore, the requested B&B use could add to the guests' interest in native Hawaiian plants and other local agricultural crops, and thus, indirectly, help foster the interest and growth in the coffee and related 18 agriculture industry. In that regard, the requested uses would fulfill the General Plan's agricultural objective. The request would also not be contrary to the goals, policies, and standards of the General Plan and Kona Community Development Plan as outlined in depth in Chapter IV-B. In addition to the above, all applicable requirements of the Zoning Code and/or other permits can and will be complied with. Relative to the proposed maximum 3-room B&B, it is already allowed in the County Agriculture zone, subject to it meeting with the criteria outlined in the Code. This project will adhere to all of those criteria, such as not exceeding the maximum number of five (5) bedrooms; not having more than ten (10) guests; and having the owner and/or operator live on the premise. The site is not within the Special Management Area (SMA). As such, a SMA Permit would not be required. It should also be noted that the Tourism Strategic Plan prepared by the Hawaii Tourism Authority in 1999 recommended that the State look into tourism market niche opportunities. Two (2) of these— although somewhat overlapping —are Agri-Tourism and Edu-Tourism. Agri-Tourism is travel for education with an agricultural bent. Edu- Tourism is along that line with an emphasis on education and training in Hawaii's unique natural and multi-cultural environment. The Applicant's overall program reflects such an effort. This is an especially important marketing component to Asian countries, particularly Japan, where there is a strong agrarian base. C. Impacts to Surrounding Properties As noted above, the land use in this area is generally rural/residential in nature makai of the subject site. There are very limited, if at all, agricultural activities in this area, except for those areas further mauka whose access is from the Old Mamalahoa Highway. For the most part, the immediately surrounding lots are used and/or zoned for residential and agricultural purposes. To restate Chapter VII-A relating to surrounding land uses: "There are A-1 a zoned properties adjacent and south of the Ka'ainapono Subdivision. Properties on the makai side are zoned RS-15, while properties to the north and mauka of the 19 Subdivision are zoned A-5a, For the most part, the A-5a zoned properties secure their access from the Old Mamalahoa Highway where there are some small coffee farms that dot that Highway. As such, although proximate to each other, the different points of access create a different sense of community: the subject site with its access from Kuakini Highway via Nani Kailua Drive through the adjoining single-family residential subdivision has a residentiallrural ambiance; while the adjoining properties north and mauka of the subject site with their access predominantly from the Old Mamalahoa Highway has more of rural/agricultural flavor. Given the existing and zoned conditions and varying accesses, the proposed maximum 3-room B&B would not be incongruous with the emerging rural-residential and rural-agricultural pattern of this area. The land use in this area is generally rural/residential on the makai side of the subject site, while rural/agricultural on the mauka side. The site is thus serves as a good land use transition area." Given the existing and zoned conditions, the proposed maximum 3- room B&B would not be incongruous with the emerging residential/rural/agricultural pattern of this area. It would be a gradual land use transition from the lower single-family residential lots to the rural/agricultural lots fronting the Old Mamalahoa Highway. The proposed use is expected to occur within an existing 4-bedroom dwelling. The Applicant will also live on the property. As such, nuisance issues such as noise can be easily controlled or addressed. Relative to the B&B, the impacts would be generally no different than a typical residence in terms of noise, traffic, and related infrastructure. Further, although there may be some traffic impacts resulting from the basic project itself, normal check in and departure would occur during non-peak hours. There would also be sufficient on-site parking, eliminating the need for any off-site or roadside parking. As such, the requested use should not generate any significant traffic impacts. Thus, the traffic, visual, and noise impacts—with the mitigation noted herein - resulting from the request to surrounding properties should not be significant. 20 D. Infrastructural and Government Services Impacts The proposed use would not unreasonably burden public agencies to provide roads and streets, sewer, water service improvements. Potable water already services the site from a County-approved private water system, and no additional water service is needed. An approved wastewater system for the project already exists. Access to the parcel is via a 50-foot wide easement with a 20-foot wide pavement and fully improved shoulders. This easement is an extension of Nani Kailua Drive, a County road, which also has a 20- foot wide pavement and fully improved shoulders. These infrastructure improvements are more than sufficient to allow for emergency vehicles to access the site of the B&B. Fire stations are located in Keauhou and Kailua, all within three (3) miles from the subject parcel. Police service is available from either Kealakekua or Honokohau. These public agencies already service this area, as there are homes in this area. As such, the project should not result in an extension of or place an unreasonable burden on these services. In sum, while there is limited public infrastructural downsides to a project of this nature. C. Suitability of the Site The proposed B&B will occur in an already improved area. As such, its use will not result in the removal of any potentially agriculturally usable land. According to the Applicant, there has been no flooding or other natural disturbance on the subject site. As such, there are no environmental restrictions over the use of this site for the requested use. F. Altering Character of Land The goal of the Applicant is to retain the general character and ambiance of this area. In that regard, the Applicant plans to further improve the site with more ornamental and possibly fruit bearing trees. Further, as there will be little or no improvements required associated with the requested use, the use should not result in the significant alteration of the existing character of the area. 21 G. Unusual Conditions or Trends In this era of eco-tourism and edu-tourism, the Applicant's B&B proposal fits this marketing niche. It is an attraction that will serve both locals and visitors who want to learn and experience more of Hawaii's agricultural industry within a residential/rural/agricultural environment. In so doing, it indirectly provides interest and more support for the island's agricultural products. The increased demand for the product translates to greater economic return for an important agricultural activity. It also encourages its expansion. In so doing, lands— not necessarily the subject site - can be put into more productive agricultural uses rather than lying fallow. This would be analogous to the wine industry. An excellent marketing program that touched upon one's health, culinary, and social taste, has fueled the growth of this industry. Similarly, a good marketing program helps to strengthen Hawaii, and particularly Kona, as being a boutique coffee and avocado producing area and as well as ranching. Relative to the B&B, in this era of eco-tourism, this type of facility is needed. It is geared for the traveler who likes to explore independently and developing its own itinerary, usually of the typical non-resort type. It provides an alternative form of accommodations being sought by many visitors but, unlike unauthorized short term vacation rentals, with a resident manager or owner living on the site to immediately address noise and related nuisance concerns. As such, it should not be regards as a "threat" to existing resorts, but instead more complementary. If this type of facility is not developed or provided on the island, the vacation seeker may look elsewhere— not at a standard hotel — but at a similar type of B&B or STVR here on this island or other parts of the State or world. It should also be noted that many operators of B&B provide informational guides to their guests. These include information on dining and shopping, many of which are located in resort areas. In that way, existing major resorts— largely through their restaurants and recreational amenities — indirectly enjoy the economic benefits of the guests of the B&B. 22 ; ) } / — g \ � � (� / k _ 3 � &_ 40 co $ \ - � fu �# � lz } ( LA C JD li — � . f � \ � ® a . J . � \ � \ / / of & . } � ƒ Henry 9 - AA F.ur �I re P4A7 �"k4„RI Q -•-L_.�u r L 1 � 1 RIP Q^ ice my uil° hl � V 'R b b a V Qa �• v � 4 I O mpg fr, e I IN NFI Do °g3` twId UP A HUI 71 SU�Ct Site ',© o a i 1 �33 B 9a�l k O g�bi I,gel'� J w a f s c1a\'S 1 4t 'O Aft LO O a NAB, Q �t � o�, •�t.a8r � � Yi,�onT � s'���:��'��fYa ry,�r 1 wl °i1 a�6vil[nP°n�il�"n�'$inlul°.i7mU t ft A rrvAieg OF696 IH QaH—onlF*+H rore n� oa ma �€�� � zars-as(eoe) uorsrnoairapisa4 1a4!zr1ng ueop WIPIV—I'd �aaavrzv�i sa:arot�a IIOSSTTuo � Nd'rd HUS W Za3HS W9AOD a s ^y y zzx> p xz m g3o B HP ! a 1 F w x � �. RW., m cc 8p .�.-7a Es $g >::M� h_hi -gP ' uI iliill�4f � 3 i G'` b x \ _- - t -- - - d)� O � /R ` pool � COM �i � y w V, N p'awo z'¢ >Iz d' a, w�� Andrews, Jessica From: Andrews,Jessica Sent: Tuesday, March 7, 2023 10:33 AM To: sidneyfuke@gmail.com' Cc: Jackson, Maija Subject: Special Permit Application for B&B - Hunziker Aloha Sid, I've reviewed the application for Joan Hunziker, PL-SPP-2023-000036, and need to request the following additional information: - Property deed showing legal right to use the access easement for the proposed use (private section of Nani Kailua Drive) - Square footages for the three bedrooms+ bathrooms to be designated for the B&B - Regarding the detached bedroom nearest to the entry road—is there more than one bedroom as part of the suite? Please clarify. We will hold the filing fee and await receipt of the additional information before proceeding. Thanks, Jessica Andrews, Planner County of Hawai'i Planning Department 101 Pauahi Street,Suite 3 Hilo, Hawai'i 96720 (808)961-8155 Ccuryty of HawaVi Zoning& Subdivision Code Update Project Website:COHcodeuudatexom 1 k � STATE OF HAWAII 4ti7a 4 � M7n�.hd�._ BUREAU OF CONVEYANCES �5 RECORDED $ �P, February 1Q 201S 8:01 AM Doc No(s) A—S5190368 is/N€ I ANN THOWSON REGISTRAR 2f2 OG Conveyance Tax: $335.00 8--32584380 LAND COURT SYSTEM REGULAR SYSTEM f AFTER RECORDATION,RETURN BY: MMAIL � PICKUP THIS DOCUMENT CONTAINS �� PAGES JOAN HUNZIKER Title Guaranty Escrow Services,Inc. 5715 Education Drive, Apt_No. 201 TG.- 201502572 —A- Cheyenne,Wyoming 82009 TGE: 2311505324E Janet Lum Won DeedsrTG12 0 1 5-03 3 AFFECTS TAX MAP KEY: (3)7-5-012-091 WARRANTY DEED PARTIES: SELLER_ K Pono,LLC, a Hawaii limited liability company, with its mailing address at P.O_ Box 899,Kailua-Kona,Hawaii 96745-0898. BUYER: JOAN IfUNZIKER, a single wQman, Whose mailing address is 5715 Education s Drive, Apt. No. 201, Cheyenne,Wyorning 82009. DESCRIPTION OF PROPERTY: The property covered by this Warranty Deed is described in Exhibit"A" attached to this document. SALE AND TRANSFER OF PROPERTY: In return for the Buyer's payment of the purchase price as agreed between Seller and Buyer,the Seller sells and transfers the property described in Exhibit"A" to the Buyer. •1 SALE AND TRANSFER OF OTHER RIGHTS: Seller also sells and transfers to the Buyer the following: (A) All improvements located on the property; (B) All rights the Seller has in other property because of the Seller's ownership of the property being sold (these rights are known as"easements and appurtenances"); (C) All rents or royalties from the property; (D) Any mineral and metallic rights owned by the Seller in the property; (E) All other rights or privileges that the Seller owns because of the Seller's ownership of the property. BUYER'S TENANCY; The Buyer will take and own the property as TENANT IN SEVERALTY. The Buyer will also own the other rights described above in the same tenancy. SELLER'S WARRANTIES: By signing this Warranty Deed, Seller gives Buyer a general warranty of title. This means that Seller guarantees: (A) That the Seller lawfully owns the property and other rights being sold to Buyer; (B) That the Seller has the right to sell and transfer the property and other rights described in Exhibit"A" and this Deed; (C) That there are no other claims by any person against the property or the other rights being sold and no other person has any rights in the property unless those claims or rights are described in Exhibit"A"; and (D) That if any other person Makes any lawful claim against the property or the other rights being sold, or has any rights in the property, and those claims or rights are not described in Exhibit "A". then the Seller will defend the Buyer's ownership against those lawful claims and rights. The Seller does not have any obligation to defend the Buyer's ownership against any claims or rights described in Exhibit`'A" AGRICULTURAL IIiSTRICT LAND CLASSIFICATION: Title to the property is sold and transferred subject to the restrictions on uses and the conditions regarding lands within the agricultural district as prescribed and set forth in Chapter 205 and specifically in Section 205-4.5 of the Hawaii Revised Statutes, as amended, which restrictions and conditions shall be encumbrances running with the property, which property is in the agricultural district land classification under the laws of the State of Hawaii, until such time, if ever, that said land is reclassified to a land use district other than agricultural district. SELLER DISCLOSES TO BUYER THAT THE PROPERTY IS IN THE STATE OF HAWAII AGRICULTURAL LAND USE DISTRICT AND IS THUS SUBJECT TO THE USE RESTRICTIONS AND CONDITIONS SET FORTH AND PRESCRIBED 1N CHAPTER 205 AND SPECIFICALLY 205-4.5 OF THE HAWAII REVISED STATUTES, AS AMENDED, AND THAT THE PROPERTY IS SUBJECT TO THOSE PROVISIONS OF LAW AND THE ZONING LAWS OF THE COUNTY OF HAWAII WHICH APPLY TO PROPERTY WHICH IS IN THE AGRICULTURAL DISTRICT LAND CLASSIFICATION. COUNTERPARTS: The parties agree that this Deed may be signed and acknowledged in counterparts, each of which shall be considered an original, and the counterparts shall together constitute one and the same agreement, binding all of the parties to the agreement, notwithstanding that all of the parties are not signatory to the original or the same counterparts. For all purposes, including, without limitation, recordation, filing and delivery of this Deed, duplicate unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining pages assembled as one document. The parties also agree that the person or company recording or arranging for the recordation of this Deed is authorized to complete any blanks contained in this Deed with the applicable number of pages, dates, and recordation information, whether before or after this Deed has been notarized by a notary public, and in no event shall completion of any such blanks be deemed an alteration of this Deed by means of the insertion of new content. DEl~E'dTIONS: The word "person" includes natural persons, business organizations and any other entity the law allows to own property or conduct business, The words "Seller" and "Buyer" include the persons named in this Deed and those who take over or succeed to that person's rights or interests, whether by purchase, inheritance, operation of law or otherwise. 3 .a DATE: This deed is being signed by the feller on the y day of ; 2015. K Pono,LLC,a Hawaii limited liability company By Its Manager: MGMT CORP.,a Hawaii corporation Ry. Name: ac its: ' v 13 v: N; e: Its: "5elier" 4 STATE OF T3AWATI ) 1 SS. COUNTY OF HAWAII } On this `` day of JW',VV J-' , 2015, in the Third Circuit, State of Hawaii, before me personally appeared ��� t ��� =ice➢ -, as '—?y " tc of MGMT CORP., a Hawaii corporation, Manager of K Pono, ITC, a Hawaii limited liability company, to me personally known or proved to me on the basis of satisfactory evidence, who, being by me duly sworn or affirmed, did say that such person(s) executed the foregoing instrument identified or described as WARRANTY DEED, as the free act and deed of such person(s), and if applicable in the capacity shown,having been duly authorized to execute such instrument in such capacity. The foregoing instrument is dated 2015, and contained pages at the time of this acknowledgment/certification. (O�ciul�xxitij'orSea�):.� N�6ary Public, State of Hawaii r, ; =q Print Marne: • ,: ''�� ,�� My CoIi3II2isslorl N 0.: ��r 4,20 1 6 My Commission Expire . iP 5 STATE OF HAWAII ) } SS. COUNTY OF HAWAII ) On this day of , 2015, in the Third Circuit, State of Hawaii, before me personally appeared as of MGMT CORP., a Hawaii corporation, Manager of R Po no, LLC, a Hawaii litrtited liability company, to me personally known or proved to me on the basis of satisfactory evidence,who,being by me duly sworn or affirmed, did say that such person(s) executed the foregoing instrument identified or described as WARRANTY BEER, as the free act and deed of such person(s), and if applicable in the capacity shown,having been duly authorized to execute such instrument in such capacity. The foregoing instrument is dated 2015, and contained pages at the time of this acknowledgment/certification. (Official Stamp or Seal) Notary Public, State of Hawaii Print Name: My Commission No.: My Commission Expires: 6 X .BIT `cA" All of that certain parcel of lard {being poEiori(s) of the land(s) described in and covered by Royal Patent Number 7580, Land Cornmissi herlA side of Easement"A Number 11216,Y' (Road A) of Apana 37 o this . Kekauonohi) situate, lying and being on t ie no rt y subdivision at Auhaukeae 1st,North Kona, Island and County of Hawaii, State of Hawaii, being LOT 5 of "KA'AINAPONO SUBDIVISION", and thus bounded and described as per survey dated July 12, 2008, to-wit: Beginning at the southwesterly corner of this parcel of land, being also the southeasterly corner of Lot 6, the northwesterly corner of Lot 27 and the northeasterly corner of Lot 22 of this subdivision, the coordinates of said point of beginning referred to Government Survey Triangulation Station "KAHELO" being 7,404.73 feet north and 7,575.69 feet east and. running by azimuths measured clockwise from True South: 1_ 170" 00' 214.14 feet along Lot 6 of this subdivision and along the rerr3ainders of Lot 2-A and Royal Patent 7580, Land Com rrdssion Award 11216, Apana 37 to M. Kekauonohi to a point; Thence, for the next three (3) courses following along Lot E-3 and along Grant 1752 to H. Kawela: 2. 2500 52' 79.67 feet along to a point; 3. 2540 45' 57.43 feet to a point; 4. 2480 29' 77.64 feet to a point; Thence, for the next three (3) courses following along the remainders of Lot 2-A and loyal Patent 7580, Land Comtxiission Award 11216,Apana 37 to M. Kekauonohi: 5. 3590 20' 247.00 feet along Lot 4 of this subdivision to a point; Thence, from a tangent azimuth of 71° 31' following along Lot 27 of this subdivision on a curve to the right with a radius of 325.00 feet, the chord azimuth and distance being: 6. 750 36' 30" 49.77 feet to a point; 7. 801, 00' 122.24 feet to the point of beginning and containing an area of 1.001 acres, more or less. 7 TOGETHER WITH Easement "A-1" (50-ft. wide) for access and utility purposes, as granted by Warranty Deed with Reservations, dated. November 12, 2008, recorded in the Bureau of Conveyances of the State of Hawaii as Document No. 2009-003428, more particularly described therein; and SUBJECT TO the terms and provisions contained therein. TOGETHER ALSO WITH Easement "A 7" (20-ft. wide) for access and utility purposes, as granted by-Warranty Deed with Reservations, dated November 12, 2008, recorded in said Bureau as Document No. 2009-003428, more particularly described therein; and SUBJECT TO the terms and provisions contained therein. BEING THE PREMISES ACQUIRED BY WARRANTY DEED WITH RESERVATIONS GRANTOR K MONO, LLC, a Hawaii limited liability company, BARBARA FRANCES BOLTON, Trustee under that certain unrecorded Trust Agreement dated July 24, 1991, a Memorandum of Trust dated July 24, 1991, is recorded in the Bureau of Conveyances of the State of Hawaii as Document No. 91-134465, FRED ARNOLD BOLTON, Trustee under that certain unrecorded Trust Agreement dated July 24, 1991, a Mernorandurn of Trust dated July 24, 1991, is recorded in said Bureau as Document No. 91-134459, KIP Y. ONAKA, unmarried, KENT G. ONAKA and RACHELLE K. ONAKA, husband and wife, ALAN J. WINTERS and KARA K. WLN7BRS, husband and wife, ROSE S. ONAKA, Trustee of the Rose S. Onaka Trust dated October 13, 1992, as amended, and MICHAEL W. SOHRIAKOFF and CHARLENE A. SOHRIAKOFF,husband and wife GRANTEE K POND,LLC, a Hawaii limited liability company DATED November 12, 2008 RECORDED Document No. 2009-003428 SUBJECT, HOWEVER,TO: 1. Mineral and water rights of any nature in favor of the State of Hawaii. 2, Unrecorded GRANT OF EASEMENT by FRANK R. GREENWELL to HILO ELECTRIC LIGHT COMPANY, LIMITED, now known as HAWAII ELECTRIC LIGHT COMPANY, INC., dated July 9, 1957, as mentioned in instrument recorded in Liber 9167 at Page 2. 3. GRANT TO WILLIAM H. WILTON, Trustee under Revocable Trust Agreement elated.August 18, 1994 DATED November 12, 1997 RECORDED Document No. 2005-142383 8 GRANTING a perpetual easement over, upon, through, across and under said easement for utility and access purposes Said Grant was amended by instrument dated November 5, 2008, recorded. as Document No. 2008-172950, Said Grant was further amended by SECOND DECLARATION: RE: RELOCATION OF EASEMENT dated August 27, 2012, recorded as Document No. A-46240706. 4. The terms and provisions contained in the following: INSTRUMENT ,. DECLARATION OF RELOCATION OF EASEMENT WITH RESERVATION DATED November 5, 2008 RECORDED Document No. 2008-172950 5. GRANT TO C L &.D SIX, LLC, a Hawaii limited liability company DATED : November 5,2008 RECORDED Document No. 2008-172949 GRANTING a perpetual non-exclusive easement for access and utility purposes over Easement "A-1" 6. DESIGNATION OF EASEMEN l" "A-1" (50 feet wide) , PURPOSE access and utility SHOWN on subdivision map prepared by Chrystal Thomas Yamasaki, Licensed Professional Land Surveyor with Wes Thomas Associates, dared March 21, 2005, last revised August 12. 2008 7. DESIGNATION OF EASEMENT "A-7" PURPOSE access and utility SHOWN on subdivision map prepared by Chrystai Thomas Yamasalci, Licensed Professional Land Surveyor with Wes Tbornas and Associates, dated March 21, 2005, last revised August 12, 2008 8. The terms and provisions contained in the following: INSTRUMENT : DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, AND RESTRICTIONS FOR KA AN,A PONO- SUBDIVISION DATED November 12, 2008 RECORDED Document No. 2009-178917 9 Said Declaration was amended by instruments dated July 28, 2010, recorded as Document No. 2010-136348 and dated --- (acknowledged December 13, 2013), recorded as Document No. A-51130657. 9. The terms and provisions contained in the following: I ISTRUMENT : WARRANTY DEED WITH RESERVATIONS DATED November 12, 2008 RECORDED Document No. 2009-003428 10. GRANT TO WATER.BOARD OF THE COUNTY OF HAWAII DATED October 12, 2010 RECORDED Document No. 2010-164805 GRANT.TNG an easement to install, maintain, operate, repair, remove and replace any and all pipelines, equipment, structures, and other related facilities, over and across the following described property fully described in Exhibit A. attached thereto 11. GRANT TO I-IAWAII ELECTRIC LIGHT COMI'AINY, E'�C. and HAWAIIAN TELCOM, INC. DATED June 14, 2010 RECORDED Document No. A-46090619 GRANTING a right and easement for electrical and utility purposes END€ F EXHIBIT "A" 10 Rc,d Prorelly Tux OWca Parcel information Parcel Number 750120910000 Location Address 75-495 NANI KAILUA DRIVE Project Name PropertyCiass AGRICULTURAL For zoning information,refer to Zone Maps Neighborhood Code 7002-5 Legal Information LOT 5 1.001 AC DES POR RP 7580 LCAW 11216:37 Land Area(acres) 1.0010 Land Area(approximate sq ft) 43,604 �iOw map- Flat(T M K)-Mam Owner Information Owner Names MallingAddress HUNZIKER,JOANCTRST Fee Owner HUNZIKER,JOANCTRST 5715 EDUCATION DR APT 201 CHEYENNE WY820096310 Assessment Information 2 Show I.IisroJeal.Asses mmis Market Assessed Market Assessed Total Total Total Total Land Dedicated Land Building Building Market Assessed Exemption Taxable Year Property Class Value Use Value Value Value Value Value Value Value Value .- ..._...m......_m�.�._�M,_,.�Mm_._.�.,.w........,�..M..�,... .,. .,...,, ..._,.._.�.V.V��..µ�,...._...w._.._ _�...._�-.�_�..M,....� ...._�..M..,..��M,,, ,�,...,..�.m,.. m,,..,.. W.W... 2022 AGRICULTURAL $340,000 10 $340,000 $1,514,600 $1,514,600 $1,854,600 $1,854,600 $0 $1,854,600 Land Information Property Class Square Footage Acreage Agricultural Use Indicator AGRICULTURAL 43,604 1.001 Residential Improvement Information Building Number 1 Bedrooms 4 Year Built 2018 Framing DOU13LE WALL EffYear Built 2018 Exterior Wall STUCCO Square Feet 3,364 Roof Material METAL Total Room Count 9 Heating/AC CENTRALA/C&HEAT Full Baths 6 Fireplace 0 Half Baths 1 Grade 5 Sketches R60.1TvDft AtAft Area R GARAeEwo r-R arrxx=fwox w4 1)ISTSTORYFRAW SIX lui�C} E�C1�3i 490 �G mum POOL E t1Y ti 15t SrGRY EVIAMEr f JACUZZI 1460L 3D 1t ry 10 � 20 14 _ I 14 ;.G 3 124 24 14 . i36, Building 1 Other Building and Yard Improvements Description quantity Year Built Area Grass Building Value GUNI7E POOL 1 2018 360 $46,100 JACUZZI POOL 1 2018 36 $26,500 Permit Information The permit data reflected in this section is for the purposes of Real Property Tax assessments.For Building permit information or updates,please referto the link below under the Building Division Permit and Inspections information. Date_ Permit Number Reason Status Permit Amount 9/13/2017 w.-.. BK2017-01322 _.m... _. ". m. _..... PHOTOVOLTAIC W$=,375 5/10/2016 BK2016-00682 Air Conditioning PERMITCOMPLETED $22,000 3/21/2016 BK2016-00402 New Dwelling PERMITCOMPLETED $9,463 10/5/2015 61<2015-02363 New Dwelling PERMITCOMPLETED $1,000,000 _._-.._._. _ . . _.._..._. ._. __......,.. -. w,.,. ........ ......_.m __...".__ .W .-. _ _- ---.._...---- 10/2/2015 13K2015-02362 Swimming/LapPool PERMITCOMPLETED $100,000 Building Division Permit&Inspections Information I�itos:/lloawai icountyhi-eriergoupub.tylerlvost.�ietlAppz/Se€fS�;3viretd/home Sales Information Sale Instrument Instrument Date Land Court Cert Conveyance Document Sale Date Amount # Instrument Type Description Recorded Document Number # Book/Page Tax Type 06/10/2016 $0 60090950 FEE Deed 06/14/2016 0 Deed CONVEYANCE 03/20/2015 $0 55620225 OTHER Grant of 03/25/2015 0 Grant of easement easement 01/30/2015 $375,000 55190368 FEE Warranty Deed 02/10/2015 375 Warranty CONVEYANCE Deed 10l72/2010 $0 10-164805 OTHER Grant of 10/29/2010 0 Grantof easement easement 11/12/2008 $10 09.003428 FEE Warranty Deed 01/12/2009 1 Warranty CONVEYANCE Dead 08/20/2008 $0 OTHER MappfngChange 08/20/2008 Mapping Change Historical Tax Information Payments Amount Year Tax and Credits Penalty Interest Other Due Q7 2022 $17,340.51 ($17,340.51) $0.00 $0,00 $0,00 $0.00 Payments Amount Year Tax and Credits Penalty Interest Other Due 2021 $15,030.13 ($15,030.13) $0.00 $0.00 $0.00 $000 $15.708.94 ($15,708.94).,,_.,,..... $0.00 $0.00 $000 $000 .-... ..__., mm. ... :_ _ $2,454.38 ($2,454.38) $0.00 $0.00 $0.00 $000 Ot 19 _ $2,337.50 ($2,337.50) $0.00 $0.00 $000 $000 ..�..61'_. $229075 ..................�..,........_..($2,29075) �. .. ($1.1454),,,,, $000.. „$000,,,, „$000 F9 2016 $2035,00 ($2,035.00) $0.00 $0.00 $0.00 $0.00 El 2015 $1,933.25 ($1,933.25) $0.00 $0.00 $0.00 $0.00 U 1.014 $1,882.38 ($1,882.38) $0.00 $0.00 $0.00 $000 17 2oI3 $1,526.25 ($1,525.25) $0.00 $0.00 $0.00 $0e0 Cl 2 01.2. $1,377.75 ($1,377.751 ($13778) ($13h.40) $0.00 $000 ..... . U 2u.1:)... .. ..........$1377.75.....,., _.($.1,37775) $000 $000 $000 $000 Cp 2.(110 $2,297.09 - ($2,297091 $0.00 $000 $000 $000 ®r 2009 $3,215.59 ($3,215.59) $0.0a $0,00 $0.00 $C.00 Map Recent Sales in Area Sale date range: From: ' 0.3f0//2020 ; _ �rv_..wrvw�..,____.W_._._..._.__,��._.,�.....w.....M..�.._MM.m..............�..__...__._.._..____�_..µ_.MM......M.�.�..,._,r.�._..._._.._._._._..__.m_._m__�..�........__��m...,___.....�_.._.._._..._..__ .ry To: ............ u�.. 03/07/2023 Sali'as P.ay i�l �igl?I�nY'}1ut3tJ 1500_ �Feet No data available for the following modules:Condomin€um/Apartment Unit Information,Agricultural Assessment Information,Commercial Improvement Information,Current Tax Sill Information. .€he.t..x-r,tyfif€')irli'•liiIE Re.a)7)1'L)K)Hr:}r 1i)Xo:°gi(.E clf'.[Uo))ro(Jtjce,the Tnost 1G[kiYik%%jijOrmatiuri fx; shale.l`ia�r�,��rrc�;)I:i<rs, 1`e\)0nEw.dby C'X{?I P- E.t)(3i- p1-_d e5r[:prz'.ViCfd fesr C#58{f.�td�lY:rf"Il;;if9 li5t33C'Y7Cii'�Jl'("Cdti6fl.i•:'iQ�S5 .55T)C^iltlrifGY'1�'lika€OC,151YCI'iC)i'.`i.?4it�Brt11'€4:C�$:'aX feJli. r7�:� �� lJsei;,P,i iyaE;y Pa)IiC.y GIDPR PPrivar NaYice lasl:t)tita lJ€�load:3 7/2023.9;30:01.AM Vt�r%,km 2,3 250; Andrews, Jessica From: Joan Hunz <joan@netpositiverealty.net> Sent: Tuesday, March 7, 2023 6:02 PM To: Sidney Fuke Cc: Andrews,Jessica;Jackson, Maija Subject: Re: Special Permit Application for B&B - Hunziker Attachments: Nani Tax Records Mar 23_000055.pdf Hello All - The D & E Sid refers to are on the County real property tax records -see the "drawing" of the building. D references the single detached building, and E the side-by-bedrooms that mirror one another. I've attached a current copy of the tax records. Aloha - Joan Mahalo Nui,Joan oan Hunziker Principal Broker HI R(B)23477 Exceed Net Zero 307-421-3328 loan@netpositiverealtV.net www.netpositiverealtV.net On Tue, Mar 7, 2023 at 4:52 PM Sidney Fuke<sidneyfuke@gmail.com>wrote: 1 As I am traveling now, by a copy of this email and don't have access to my laptop, I am requesting Joan to send them to you. Joan? Sent from my iPhone On Mar 8, 2023, at 11:41 AM, Andrews,Jessica <Jessica.Andrews@hawaiicounty.gov>wrote: Hi Sid, You must have read my mind, because I was just trying to locate drawings E and D. Yes, can you please send those sheets my way? Thanks, Jessica From: Sidney Fuke<sidnevfuke@gmail.com> Sent:Tuesday, March 7, 2023 4:39 PM To:Andrews,Jessica <Jessica.Andrews@hawaiicounty.gov> Cc:Jackson, Maija <Maiia.Jackson@ hawaiicounty.gov>;Joan Hunz <ioan@netpositiverealty.net> Subject: Re: Special Permit Application for B&B- Hunziker Oops, I just realize that I did not include the details of the plans which correspond to the referenced drawings E and D. While they are generally reflected in the overall floor plan, LMK if you need those sheets as well. Mahalo! Sent from my iPhone On Mar 8, 2023, at 10:46 AM, sidnevfuke@gmail.com wrote: Aloha Jessica, 2 Per your request, please find attached the deed which reflects the easement. As for your other questions, the sizes are: a. On the bldg drawing, E represents the two side-by- side bedrooms/baths, each around 245 square feet each for a combined area of 490 square feet. b. The detached bedroom is found in drawing D, which has 504 square feet. It has a bathroom and a sitting room with two sliding glass doors, an entry door and 2 interior doors (bedroom and bathroom). trust that these answer your questions; if not, please let me know. Thanks! Sid From:Andrews,Jessica <Jessica.Andrews@hawaiicounty.gov> Sent:Tuesday, March 7, 2023 10:33 AM To: sidneyfuke@gmail.com Cc:Jackson, Maija <Maiia.Jackson@hawaiicounty.gov> Subject: Special Permit Application for B&B- Hunziker Aloha Sid, I've reviewed the application for Joan Hunziker, PL-SPP-2023-000036, and need to request the following additional information: • Property deed showing legal right to use the access easement for the proposed use (private section of Nani Kailua Drive) • Square footages for the three bedrooms+ bathrooms to be designated for the B&B • Regarding the detached bedroom nearest to the entry road—is there more than one bedroom as part of the suite? Please clarify. We will hold the filing fee and await receipt of the additional information before proceeding. 3 Thanks, Jessica Andrews, Planner County of Hawai'i Planning Department 101 Pauahi Street,Suite 3 Hilo, Hawai'i 96720 (808)961-8155 County of Hawaii Zoning& Subdivision Code Update Project Website:COHcodeuj3datexom 4 Mitchell D.Roth Deanna S. Sako JNSYfoF N1� O q Mayor °:•�� ���' Finance Director Steven A. Hunt •.Q_ .= Deputy Director ,TE OF•N�'� County of Hawaii DEPARTMENT OF FINANCE -REAL PROPERTY TAX Aupuni Center • 101 Pauahi Street • Suite No.4 • Hilo,Hawaii 96720-4679 • Fax(808)961-8415 Appraisers(808)961-8354 • Clerical(808)961-8201 • Collections(808)961-8282 West Hawaii Civic Center • 74-5044 Ane Keohokalole Hwy. • Bldg.D,2nd Flr. • Kailua Kona,HaNvai`i 96740 Fax(808)327-3538 • Appraisers(808)323-4881 • Clerical(808)323-4880 Date: 03/10/2023 Tax Map Key: (3) 7-5-012-091-0000 To: Planning Director From: Real Property Tax Office Subj: Request for Comments and/or Review Comments from the Appraisal Section: ❑ Property is receiving agricultural use value ❑ Property is dedicated to agricultural use ❑ Possible rollback taxes ® There are no comments at this time Remarks: Appraiser to Contact: Charlie Brown Phone: 323-4892 Comments from the collection section: ❑ Status of real property taxes: ® Current ❑ Delinquent /Amounts $ Amount includes tax, penalty & interest up to Remarks: Collection personnel to contact: Karen Visaya Phone: 808-961-8290 Planning Dept. Exhibit 2 Hawai`i County is an Equal Opportunity Provider and Employer DeVera, Ashley From: Fondy, Derek Sent: Monday, March 20, 2023 8:51 AM To: Planning Internet Mail Subject: Request for Comments on Application No. PL-SPP-2023-000036 for Joan Hunziker on TMK: (3) 7-5-012:091 Hello, The parcel does not currently have a homeowner exemption. If the special permit application is approved to allow a three-bedroom bed and breakfast establishment within the existing dwelling and verifiable STVR activity is confirmed through online booking sites or guest reviews, the parcel/owners will not be eligible for the homeowner classification. The benefits of the homeowner classification are a 3% annual growth cap and a tax rate of$6.15 per$1,000 of assessed valuation. If the owner resides on site, they may be eligible for a portion of the home exemption which will reduce the assessed value. Mahalo, Derek Fondy Real Property Valuation Analyst-Compliance Department of Finance 74-5044 Ane Keohokalole Hwy Building D. 2nd Floor Kailua-Kona, HI 96740 Office (808) 323-4885 Fax(808) 327-3538 Email: derek.fondv@hawaiicounty.gov 1 JOSH GREEN,M.D. f„ KENNETH S. FINK,M.D, MGA,MPH GOVERNOR OF HAWAII �p Beo ss 9 y` DIRECTOR OF HEALTH KE KIA'AINA O KA MOKU'AINA O HAWAI'I y� KA LUNA HO'OKELE `e r01 "r STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: March 16, 2023 TO: Mr. Zendo Kern Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Special Permit Application (PL-SPP-2023-000036) Applicant: Joan Hunziker Request: To Allow an Establishment of a Three-Bedroom Bed& Breakfast Within an Existing Dwelling TMK: 7-5-012:091, North Kona, 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: hiips:Hhealth.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 March 21, 2023 Page 2 of 5 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: hops://health.hawaii..gov/e/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: hops://health.hawaii.gov/cwb/clean-water-branch-home- pa e/g 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: https:Hhealth.hawaii.gov/Mo/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 hitps:/ihealth.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 March 21, 2023 Page 3 of 5 25. They may be responsible for fulfilling additional requirements related to the Safe Drinking Water program: https://health.hawaii.gov/sdwb/. 2. Standard comments for the Safe Drinking Water Branch can be found at: https://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: https://health.hawaii.gov/epo/landuse/. Wastewater Branch For comments,please email the Wastewater Branch at doh.wwb@doh.hawaii.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, firm, 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 21, 2023 Page 4 of 5 3. The purpose of these guidelines is to provide interpretation of the Department of Health's Administrative Rules, Title 11, Chapter 50, Food Safety Code, as it pertains to Bed and Breakfast operations. 4. Bed and Breakfast Definitions: "Bed and Breakfast establishment"means a single-family dwelling, including a single guest house, in which overnight accommodations and only breakfast meals are provided, and the number of guests does not exceed six(6). "Potentially hazardous food" means any food that consists, in whole or in part, of milk or milk products, eggs, meat,poultry, fish, shellfish, edible crustacea or other ingredients, including synthetic ingredients in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. The term does not include foods that have a pH level of four and six-tenths or below or a water activity (aw) value of eighty-five hundredths or less. Notification and Permit Requirements When required by the County Planning Department, Bed and Breakfast establishments may request documentation from the Department of Health. The Department of Health will provide documentation to the Planning Department once written communication from the Bed and Breakfast operators are received regarding their food service operations. If the proposed Bed and Breakfast meal consists of commercial cereal,pastries (except custards or cream filled), breads, fruits, coffee, tea, and juice, a food establishment permit will not be required from the Department of Health at this time. This limited menu must be documented in a letter to the Department of Health. The guests shall be informed by statements contained in published advertisements, mailed brochures, and placards posted at the registration area that the food is prepared in a kitchen that is not regulated and inspected by the Department of Health. For Bed and Breakfast operations that provide meals which include potentially hazardous foods, a food establishment permit will be required to operate. County landuse approval for operating a food establishment may also be required. A kitchen used to prepare foods for individual family consumption will not be allowed to be permitted. A separate commercial kitchen will need to be constructed. If you have any questions regarding this guideline,please feel free to call the Food Safety Program at 933-0917. 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. Zendo Kern March 21, 2023 Page 5 of 5 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. HAWAII FIRE DEPARTMENT . COUNTY OF HAWAII . HILO, HAWAII 96720 DATE March 15, 2023 Memorandum TO JESSICA ANDREWS, COUNTY OF HAWAII, PLANNING DEPT. FROM CAPTAIN CLINTON BAYBAYAN, FIRE PREVENTION BRANCH SUBJECT: JOAN HUNZIKER, SPECIAL PERMIT APPLICATION (PL-SPP-2023- 000036),BED AND BREAKFAST In regards to the above-mentioned project, Fire Department Access and Water Supply shall comply with Chapter 18 of the 2018 Hawaii State Fire Code and Chapter 26 of the Hawaii County Code. For any questions, please email Clinton.Baybqyankhawaiicoun ov or call 808-323-4761. Respectfully Submitted, 9(5�_ Clinton Baybayan Fire Prevention Captain Fire Prevention Branch Hawaii Fire Department Planning Dept. Exhibit 4 4�❑F A AT6$S. 19y AN DEPARTMENT OF WATER SUPPLY ■ COUNTY OF HAWAVI 345 KEKUANAO'ASTREET, SUITE 20 • HILO, HAWAI'I 96720 °p knwN�' TELEPHONE (808)961-8050 • FAX(808)961-8657 March 20, 2023 C014 PLFN1141ANG DFPT 1iP.R 212 2,33 r4'2:q1B TO: Mr. Zendo Kern, Director Planning Department FROM: Keith K. Okamoto, Manager-Chief Engineer SUBJECT: Special Permit Application (PL-SPP-2023•-000036) Applicant—Joan Hunziker Request—To Allow an Establishment of a Three-Bedroom) Bed & Breakfast Within an Existing Dwelling Tax Map Key 7-5-012:091 We have reviewed the subject application and have the following comments and conditions. Please be informed that the subject parcel is currently served by one (1)existing 5/8-inch meter (Account No. 856-86382,which is allotted one [1) equivalent unit of water). For your information, one(1) unit of water is equal to a maximum daily usage of 600 gallons, which is suitable for only one (1) single-family dwelling. The Department has noted that the usage for Account No. 856-86382, over the past year, is approximately 1,300 gallons per day (gpd) which is equivalent to four(4) units of water. The maximum amount of water that can be made available to the subject parcel, is one(1)units of water or an average of 400 gpd. We have no objection to the establishment of a bed and breakfast on the subject parcel; however we request that the applicant reduce current water use and/or implement stringent water conservation methods to permanently reduce water use to a maximum of one(1) unit of water or maximum daily usage of 600 gallons. Should there be any questions, please contact Mr. Tray Samura of our Water Resources and Planning Branch at (808) 961-8070,extension 255. Sincerely yours, w//w Keith K. Okamoto, P.E. Manager-Chief Engineer TS:dfg Planning Dept. Exhibit 5 Water, Our Wost Trecious source. . . Wo Wai,4 7�ne . . . The Department of Water Supply is an Equal Opportunity provider and employer. DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: April 10, 2023 IffewaW0449 fL TO: Zendo Kern, Planning Director FROM: Department of Public Works, Engineering Divisio SUBJECT: SPECIAL PERMIT APPLICATION (PL-SPP-2023-000036) Applicant: Joan Hunziker Request: To Allow an Establishment of a Three-Bedroom Bed & Breakfast Within an Existing Dwelling TMK: 7-5-012.091 We have reviewed the subject request forwarded by your memo dated March 9, 2023 and provide the following: The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500-year floodplain. We have no other comments since the request is to use an existing dwelling fronting a privately owned road and there are no open violations associated with this property. Questions may be referred to Robyn Matsumoto at 961-8924. Planning Dept. Exhibit 6 County of Hawaii is an Equal Opportunity Provider and Employer %V OF H Mitchell D.Roth ' '��� '� Ramzi I.Mansour Mayor ;, Director Lee Lord ',` Brenda Iokepa-Moses Managing Director 'of V, Deputy Director County of Hawaii 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, Direct 'Z ' �. Department of Environmental Management DATE: March 10, 2023 SUBJECT: Special Permit Application(PL-SPP-2023-000036) Applicant: Joan Hunziker Request: To Allow an Establishment of a Three-Bedroom Bed&Breakfast Within an Existing Dwelling Tax Map Key: (3) 7-5-012:091,North Kona, 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. • Ample and equal room should be provided for rubbish and recycling. • Green waste may be transported to the green waste sites located at the West Hawaii Organics Facility and East Hawaii Organics Facility, or other suitable diversion programs. • Construction and demolition waste is prohibited at all County Transfer Stations. The Wastewater Division has reviewed the subject application and offers the following comments and/or recommendations (contact the Wastewater Division for details): • No County sewer system in area. Applicant shall follow Hawaii Department of Health, and all other applicable federal, state, and county regulations. Planning Dept. Exhibit 7 County of Hawai'i is an Equal Opportunity Provider and Employer SidneyFuke, Planning Consultant Pd.Box 1345 •Hilo,HawaN 96720 •Planning•Variance•Zoning Cefl:(808)989-0640 •Subdivision•Land Use Permits E-mail:sidneyfuke@gmail.com •Environmerlal Reporls March 31,2023 Mr. Zendo Kern, Director Planning Department COUNTY OF HAWAI'I 101 Pauahi Street Hilo,Hawai'i 96720 Dear Mr. Kern: Subject: Special Permit Application(PL-SPP-2023-000036) Applicant—Joan Hunziler Auhaukeae V North Kona Hawaii TMK: 7-5-012: 091 This is in response to agency comments received via EPIC to date regarding the subject application. The County Real Property Tax Division noted, and the applicant confirms,that the property does not currently have a homeowner exemption. The applicant is also aware of and accepts that if there is verifiable transient accommodation use of the property,the property would not be eligible for homeowner exemption with the possibility of partial qualification if the homeowner lives on the site. The State Office of Planning and Sustainable Development had no comments to offer. Because the site has already been developed and used as a residence and there will be no construction activity associated with this Special Permit,the State Department of Health rules and requirements relative to construction(air pollution and noise mitigation) should not apply. However, because there will be food service, its applicable health and sanitation requirements will be complied with. The County Department of Environmental Management outlined its solid and green waste requirements. Green waste—as is currently being done now—will be disposed off at the West Hawaii Organics Facility, a green waste site, or used as mulch on the property. Solid waste generated is expected to be no different than a standard family. In this case,the applicant has and will continue to use commercial haulers. In the absence of a County sewer line in this area,the site is serviced by a State Department of Health-approved septic system. As the use will continue to be residential,there should be no additional requirements of the County Fire Department. The Department of Water Supply (DWS)commented that over the past year,the current water use of the site has averaged 1,300 gallons per day (gpd), which is considerable in excess of the maximum daily use of 600 gallons. The Department thus requested the applicant to "reduce water use and/or implement stringent water conservation methods to permanently reduce water use to a maximum of one (I) unit or maximum daily usage of 600 gallons. " Planning Dept. Exhibit 8 Mr. Zendo Kern, Director March 31, 2023 Page 2 In response to DWS' comments,we would like to note the following: 1. the presumed excessive water consumption is a situation • that has and/or will continue to exist, with or without the requested B&B. The applicant currently uses her dwelling as a legitimate"hosted" short term vacation rental (STVR)use. As such,whether a.STVR or the requested B&B,the potable water consumption for the owner and guests of the dwelling should be the same. That consumption should theoretically be no different than a standard 4-bedroom dwelling; • that is not unique to this property but to many other properties in the leeward side of the island where rainfall is not abundant like the heavier rainfall areas on the windward side (Hamakua,Hilo,and Puna Districts); and • where if there is continued abuse,the DWS has the ability to institute the necessary water restriction measures. 2. notwithstanding the above, the applicant believes that the higher water use is a result of the need to support the landscaping and fruit trees on the property, and quite possibly due to leaks in the landscaping infrastructure. As such,the applicant will retain the services of an engineer to do a system-wide review of the residential and irrigation water usage with the objective of coming up with recommendations to find ways to reduce the site's potable water consumption. Understandably,once this review is completed, it will take some time to implement the recommendations. The applicant is committed to having this done and hopefully, the results of this reduction will become evident in a year from now. I trust that we have adequately addressed those comments_ If not,please do let us know_ We also look forward to reviewing and responding to other agency comments as they are uploaded. Thank you very much? incerely SIDNEY M. FUKE Planning Consultant cc Ms. Joan Hunziker via email