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HomeMy WebLinkAboutPD Background Report (PL-SPP-2023-000041)BMattheus-SPP 7-10-2023 COUNTY OF HAWAI`I PLANNING DEPARTMENT BACKGROUND REPORT RIAAN MATTHEUS SPECIAL PERMIT APPLICATION NO. PL-SPP-2023-000041 RIAAN MATTHEUS has submitted an application for a Special Permit to operate a 4-bedroom bed and breakfast establishment within an existing dwelling on approximately 3.0 acres of land in the State Land Use Agricultural District. The subject property is located at 16-1456 Moho Road, approximately 2.6 miles southeast (makai) of its intersection with Highway 11, Hawaiian Acres, Kea`au, Puna, Hawaii, TMK: (3) 1-6-050:058. APPLICANT'S REQUEST 1. Request: The applicant is requesting a Special Permit to allow a four -bedroom bed and breakfast establishment within the existing footprint of a permitted, 3,256 square -foot, five - bedroom single-family dwelling. The rentable bedrooms and bathrooms will comprise a total of 1,244 square feet, including a 700 square -foot bedroom that can accommodate up to 4 guests, for a maximum total of 10 guests at any one time. Breakfast meals will be offered to guests, including fruit grown on the subject property. 2. Purpose of Request: The applicant currently operates a four -bedroom, hosted vacation rental to help offset the cost of the mortgage and to maintain and improve the property's extensive landscaping. Based on the applicant's hosting experiences, a bed and breakfast establishment will allow the applicant more opportunity to be present with and interact with their guests, including helping them plan visits around the island and gain a better understanding of the area. 3. Staffing/Employees: The applicant will continue to reside within the dwelling and operate the bed and breakfast. 4. Parking: Off-street parking is available as the applicant has designated six parking stalls plus one overflow parking stall for guests of the bed and breakfast operation. -1- 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: Riaan Mattheus and Lisa Leina`ala Mattheus. 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 dated May 7, 2023) BACKGROUND INFORMATION 8. Building Permits: According to records on rile with the Building Division, the following building permits have been issued for the property: • Building Permit No. 912054: Finalized for a new dwelling. • Building Permit No. B2007-1735H: Finalized for an addition. 9. Complaint and Closure Letter: County records show a complaint was submitted in regard to the subject property, alleging operation of an unpermitted bed and breakfast. Following an investigation, county inspectors determined that the landowners of the subject property were operating a hosted vacation rental, currently an unregulated use, and not operating as a bed and breakfast. Furthermore, since the subject property serves as a primary residence for the landowners, inspectors determined the establishment was not a short-term vacation rental (STVR). A closure letter was sent to the complainant stating that the complaint was officially closed. (Planning Department Exhibit 2 — Closure Letter dated May 9, 2022) STATE & COUNTY PLANS 10. State Land Use District: Agricultural. 11. General Plan Land Use Pattern Allocation Guide (LUPAG) MAP: Important Agricultural Lands and Extensive Agriculture. 12. County Zoning: Agricultural-3 acre (A-3a). 13. Puna Community Development Plan (PCDP): The PCDP was adopted by the Hawaii County Council, Ordinance 08 116, on September 10, 2008. The subject property is not located within or near any village center. -2- 14. 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 7.5 miles from the nearest coastline. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 15. Subject Property: The subject property is approximately 3.0 acres in size, rectangular in shape, and is improved with an existing, permitted, 3,256 square -foot, five -bedroom single- family dwelling and accessory structures. The property is situated at the 800-foot elevation level and is landscaped with ornamental plants, fruit trees and vegetable gardens. 16. Surrounding Zoning/Land Uses: Surrounding properties are zoned Agricultural 3-acre (A-3a) and consist primarily of agricultural and residential uses and undeveloped land. 17. 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. 18. USDA Soil Type: Soils in the subject property are classified Hakuma highly organic hydrous loam, with 2 to 10 percent slopes. 19. Land Study Bureau's Detailed Land Classification System: The property is classified as "E" or "Very Poor" for agricultural productivity. 20. Agricultural Lands of Importance to the State of Hawaii (ALISH): The majority of the subject property (approximately 90%) is designated "Other", while a small portion at the northeast corner of the property is "Undesignated." 21. Flora/Fauna: No professional surveys were conducted of the flora/fauna resources on the property. According to the applicant, the likelihood of any rare or endangered species, habitat or flora on the property is unlikely, given that the property has been improved with a dwelling. The applicant has introduced many floral resources to the property including fruit and nut producing trees such as ulu, kukui, coconut, macadamia, lychee, mangosteen, banana, apple, lemon, lime, orange and avocado as well as `Ohi`a, Rainbow Eucalyptus, Royal Poinciana, Rainbow Shower and various palm trees. Additionally, vegetable gardens have been planted and landscaped areas of the property include ornamental shrubs and flowering plants, including hibiscus, anthuriums, orchids, ginger, bougainvillea, -3- rhododendron and Ti. 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. 22. Archaeological/Cultural/Historical Resources: According to the applicant, no formal archaeological studies have been done on the subject property and there are no known historic sites on the property 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 has also stated that in the event legitimate gathering claims are made by Native Hawaiians, they intend to respect and honor such claims and provide the needed access within the site. 23. Public Access: There is no known public access to the shoreline or mountain areas that runs through the property. 24. Traffic: According to the applicant, given the small scale of the proposal, a four -bedroom bed and breakfast should not generate significantly adverse traffic impacts on the local roadway system. By letter dated June 26, 2023, the Police Department states that they do not anticipate any significant impact to traffic from the proposed use. PUBLIC UTILITIES AND SERVICES 25. Access: Access to the site is from Moho Road, a privately -owned roadway with a 40-foot-wide right-of-way and a 20-foot-wide pavement. While privately -owned, Moho Road has a public access easement in favor of the County, as part of the "Puna Emergency Access Route", or PEAR, which includes a condition that the County maintains the road. 26. Water: The subject property is not served by the existing county water system and presently utilizes a 15,000-gallon water catchment tank to meet residential and agricultural water needs. 27. Wastewater: Wastewater is presently disposed of into an existing, permitted cesspool. According to the Department of Health (DOH) — Wastewater Branch, if total flow exceeds me 1,000 gallons per day, or an average of 200 gallons per day per bedroom, the applicant will need to upgrade the wastewater system, meeting with DOH requirements. 28. Food Service Operations: By definition, bed and breakfast establishments may only provide breakfast meals to guests. 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. The Department of Health (DOH) has noted that a food establishment permit will be required if meals are to include "potentially hazardous food" or if the number of guests exceeds 6. 29. Essential Utilities and Services: Electrical and telephone services are available to the property. 30. Fire, Medical, and Police Services: Fire, medical and police services are available in Kea` au. AGENCIES' COMMENTS 31. State Department of Health: (Planning Department Exhibit 3 — June 29, 2023 Memo and July 12, 2023 Email) 32. Fire Department: (Planning Department Exhibit 4 — June 29, 2023 Memo) 33. Police Department: (Planning Department Exhibit 5 — June 26, 2023 Letter) AGENCIES — NO COMMENT/CONCERN 34. State Office of Planning and Sustainable Development. AGENCIES — NO RESPONSE 35. Department of Public Works — Engineering Division, Department of Water Supply, Department of Environmental Management, State Department of Land and Natural Resources, State Land Use Commission and State Department of Agriculture. PUBLIC COMMENTS 36. Email from Terrie and Gene Schaff, January 11, 2023 (Planning Department Exhibit 6) 37. Letter from Glenda Morales, February 19, 2023 (Planning Department Exhibit 7) 38. Letter from Miyoko Kaleikini, Joseph K. Kaleikini Jr, Dr. Walter Tsuha, Barbie Tsuha, Ryan Tsuha, March 2, 2023 (Planning Department Exhibit 8) -5- 39. Letter from Arlene Kawananakoa Vida Price, June 13, 2023 (Planning Department Exhibit 9) -6- May 7, 2023 Mr. Zendo Kern, Director Planning Department COUNTY OF HAWAII Hilo, Hawaii 96720 Dear Mr. Kern: Subject: Special Permit Application - Riaan Mattheus Proposed 4-room Bed and Breakfast Lot #4935, Hawaiian Acres Subdivision 16-1456 Moho Road, Kurtistown, Hawaii, TMK: 1-6-050-058 Please find enclosed for your review and processing the subject Special Permit application. I currently operate an authorized 4-room hosted short term vacation rental but now I wish to instead operate a 4-room Bed and Breakfast facility within my 5 bedroom dwelling. The 4 rooms and bathrooms would comprise a total 1244 square foot. My property consisting of 3 acres, is in the Hawaiian Acres subdivision located between Keaau and Volcano in the Puna district, approximately 14 miles to downtown Hilo. My property is 2.6 miles in from Hwy 11 on the Mauka side of Moho 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 my property. The $514.75 filing fee was paid on April 7, 2023. 1 have already uploaded the application into EPIC. Should you have any questions on this matter, please feel free to contact me. Thank you very much! Sincerely, Riaan Mattheus Owner/Vacation Rental Operator Phone: 808-769-2419 Email: hawaiibigisland1969@yahoo.com Planning Dept. Exhibit 1 SPECIAL PERMIT APPLICATION PROPOSED 4-ROOM BED AND BREAKFAST RIAAN MATTHEUS LOT #4935, HAWAIIAN ACRES SUBDIVISION 16-1456 MOHO ROAD, KURTISTOWN, HAWAII TAX MAP KEY: 1-6-050-058 INTRODUCTION I, Riaan Mattheus ("Applicant") would like to establish a 4-room Bed and Breakfast ("B&B") facility within the existing 5-bedroom single family dwelling on a 3 acre property ("subject site") The property is in Hawaiian Acres, located between Keaau and Volcano in the Puna district, approximately 14 miles to downtown Hilo. As the site is designated Agriculture by the State Land Use Commission, a Special Permit is required to allow the requested use. This letter/report is intended to support the request. II. PROJECT LOCATION As noted earlier, the Hawaiian Acres subdivision is located between Keaau and Volcano in the Puna district, approximately 14 miles to downtown Hilo. My property is 2.6 miles in from Hwy 11 on the Mauka side of Moho Road. III. PROJECT DESCRIPTION A. Project Background and Concept I purchased the 5 bedroom, 3256 square foot dwelling on the subject property on December 27, 2013.1 have enjoyed operating a 4-room "hosted" Short Term Vacation Rental ("STVR") to help offset the cost of the mortgage, maintaining the property, improving the property by fencing and saving the native trees from pig destruction, adding fruit trees and flowers to create a lush landscape that has a botanical feel to it. I would like to have more opportunity to interact with my guests which I could do if I would provide breakfast and be present during this time. I would like to help them plan their visits around the island and get an understanding of the special place we call home. I propose to rent 4 rooms in my principal home, just as I have been doing for the past 9 years, however I would like to run it as a Bed and Breakfast instead of a STVR. The 4 rooms and bathrooms would comprise a total 1244 square foot. While my property is not dedicated for agriculture use for real property tax purposes, the landscape is dominated by a variety of native and endemic plants and palms. We have indigenous ohia trees, breadfruit trees (Ulu), Kukui Nut Trees, Ti Leaves, Coconut trees, lilikoi vines, Hawaiian chili pepper, dragon eye, jackfruit, mountain apple, macadamia nut trees, pecan tree, lychee, mangosteen tree, guava, banana, many kinds of avocado, several types of lemons, limes, oranges, ruby red and regular grapefruit, pomelos, several types of tangerines, loquat, acerola cherry, Brazilian cherry, Hayden mango trees, apple trees, grapes, fig trees, 100 plus pineapple plants, blueberries, bell peppers, Kabocha squash, eggfruit, and betel nut palms. In total we have in 120 plus fruit trees. In Hawaiian acres, we are most probably one of the few owners on ag land that actually uses their land to grow food on. If you drive from the beginning of road 8 to the end of it, the agriculture lots are unutilized. We would like you to enable us to diversify in both agriculture and Bed and Breakfast enterprises. The landscape of our plants encourages our guests to explore and ask questions. We consider them an educational amenity. We are fortunate to live in a rainforest and are able to preserve the natural resources by collecting our own rainwater and keeping it in a 15,000 gallon water catchment tank. We use granular filters as well as an ultraviolet light to keep our water pristine and safe for drinking. We have a solar hot water heater system. We take advantage of the sun and hang dry laundry for the rooms and household. We also have under cover laundry drying lines. The 4-room Bed and Breakfast would also operate and be consistent with the criteria for B&B's as outlined in the County Zoning Code. Specifically, these would be: I will live in the same house as the guests. I will be the operator and if I need to go away I will have a person acting as operator, who would also live in the house. 2. The rooms to be rented, are all in my single family dwelling. 3. The total number of rentable guest rooms, will not exceed five (5). There will be a maximum of four (4) rentable rooms. 4. The number of guests would normally be up to 8, but might on occasion be 9 or maximum 10 guests because our largest room can easily accommodate 3 or 4 people with it's 700 sq. foot area. 5. Guests will be offered breakfast only. 6. For the 4 rooms we rent, we have 6 parking stalls plus one overflow stall available. 7. All signage will comply with the requirements of Chapter 3. B. Nature of Request Given the above, a Special Permit would be required for the proposed maximum 4-room B&B. C. Project Timetable and Cost Since the property is already run as a STVR, I am hoping to commence providing service as a Bed and Breakfast immediately upon issuance of the Special Permit. I do not foresee any construction cost associated with the operating 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 of Hawaii 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 and use patterns. However, with the advent of technology, the map was formatted into measurable patterns. The "LUPAG" map designates the site on the GIS designated map as class ea, Extensive Agriculture. 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 it's predominantly residential use, the requested Special Permit would not be inconsistent with either of those General Plan LUPAG designation, and no amendments would be required. C. Puna Community Development Plan Relative to the Puna 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, 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, my property is situated in close proximity to the Kurtistown Community Village Center. The CDP also identified several principles related to its overall "vision". These principles and their relationship to the proposed B&B follow. a. Protect Puna'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 outside of the 500 year storm. Furthermore, there are no known archaeological features or botanical resources on my property that require protection. b. Provide connectivity and transportation choices To the best of my knowledge, Moho Road is not identified for any future connector road. c. Provide housing choices. This endeavor is not a housing one. However, in the event of the Special Permit being approved, we will use it as a B&B and we will continue to retain the residential use of the house and unlike a STVR, reserved exclusively for visitor use, which can then effectively remove the dwelling from the housing inventory. d. Provide recreation opportunities. Again, this endeavor is not a recreational one. The area where my property is located in 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 Puna's rural, diverse and historical character The location of my property is considered Kurtistown, which is between Kea'au and Ainaloa. It is also midway between Hilo and Volcano. As such, this endeavor 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 exists and has sufficed for the past 9 years, being run as a hosted STVR. g. Encourage a diverse and vibrant economy emphasizing agriculture and sustainable economies. The Land Study Bureau Overall Master Productivity Rating for the area where my property exists shows "C" as being the closest proximity classification. This area is considered fair which denotes soil that is 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. My property has a combination of dark soil and blue lava rock, with areas of Pahoehoe. h. Promote effective governance. This principle is not applicable. The CDP also discusses strategies for the "enhancement" of the agricultural industry in Puna. The requested use would be consistent with two of these strategies I would like to make a point about this because I feel strongly about it. Running a B&B would not diminish the agricultural aspect of my property, in fact, quite the contrary! I feel great joy sharing fresh hawaiian fruit grown right outside my door to others who may have never had a fresh white pineapple hand-picked and sliced up right before their eyes. This would enable us to enhance the B&B experience for our guests. I am envisioning producing enough fruit to supply, the household, guests and the local markets in the future. Accordingly, the requested use would further the agricultural objectives of both the General Plan and Puna CDP. D. County Zoning The County zoning designation is Agriculture A-3a. The minimum lot size for this zoning district is (3) acres. My property is 3 acres and considered a conforming lot of record. The primary dwelling on my property is permitted. What is being requested will not require any improvements to the property but only 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. E. Special Management Area My property falls outside the Special Management Area. No SMA permit is required. A discussion of the project's relationship to the Coastal Management policies, however, is Chapter VIII of this report. F. Other Permitting Considerations If there are any other permits required, we would adhere to the requirements. V. INFRASTRUCTURAL CONSIDERATIONS A. Water We are self sufficient since we are set up with water catchment. We collect our own rainwater and keep it in a 15,000 gallon water catchment tank. Our area reflects an amount of 202 inches of average rainfall, which is more than adequate to supply the property with water needs. B. Wastewater Our cesspool has been adequate for this house for the past 9 years, even while doing hosted STVR. Whether we run a B&B or STVR, the wastewater demand should remain the same. C. Drainage The US Corps of Engineers Flood Insurance Rate Map (FIRM), the area of the requested use is situated within Zone X (refer Flood Hazard Assessment Report already submitted). Said designation refers to areas determined to be outside of the 500-year flood plain. We have not observed any significant runoff or erosion in the recent past on this property. As noted earlier, no physical ground improvements -aside from normal maintenance and planting of fruit trees/landscaping normally associated with agricultural activities has occurred. 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 According to our knowledge, Moho Road, on which our property is located, is owned and maintained by the County of Hawaii. The road is 20 feet wide and the surface is a paved one. Our property is situated approximately 2.6 miles from Highway 11 on the Makai side. We have had a hosted STVR for the past 9 years, no additional traffic would be introduced as a result of receiving a B&B license/permit. Our property is on a secondary road that is not near to schools. We do not anticipate generating any adverse traffic impacts on the local roadway infrastructure. E. Other Utilities Electrical and telephone services, along with high speed internet and cable are currently in use. VI. ENVIRONMENTAL CONSIDERATIONS A. General Description My property consisting of 3 acres, is in the Hawaiian Acres subdivision located between Keaau and Volcano in the Puna district, approximately 14 miles to downtown Hilo. My property is 2.6 miles in from Hwy 11 on the Mauka side of Moho Road. Besides the 120 plus fruit trees, 100 plus pineapple plants, several turmeric patches, we have an extensive amount of manicured ornamental shrubs and flowering plants to add beauty to the landscaped garden. Various hibiscus, anthuriums, a wide variety of orchids including Cymbidiums, Vanda, Dendrobiums, Phalaenopsis, Cattleya, and Oncidium orchids. Night blooming jasmine, Spider Lily, Agapanthus, Tuberose starts, Aloe, Jade and other succulents, Impatiens, Coleus, Iris, 2 types of Oleander, Bleeding Heart, Gardenia, Kula Gold, Angel Trumpets, regular Pikake and the double version, Mock Orange, Hapu'u ferns, purple Heather, Ice cream bush, Cherry Blossom tree, yesterday today and tomorrow, roses, Jacaranda, 5 Painted Rainbow Eucalyptus, dwarf orange ginger, Awapuhi ginger, Royal Poinciana, Rainbow Shower tree, Phoenix Palms, Areca Palms, Fishtail Palms, Plumeria, Hau trees, Bottle Brush, Sandpaper plant, Paperbark trees, Bougainvillea, Rhododendron, Blue Ginger, Pomegranate trees, Bird of Paradise, Asiatic Lily, money trees, ,regular Ti leaf, large red Ti, ornamental miniature red Ti and a colorful tri colored Ti, kalakoa bushes, Monstera and Lauhala. These plants truly enhance the tropical experience for our guests. Our home is situated at approximately 800 foot elevation. The average rainfall for this area is 202 inches annually. The mean annual temperature varies from 59 degrees to 80 degrees Fahrenheit throughout the year with the warmer months during the summer. Because we are on the windward side of the island, we receive cool, trade wind breezes. These breezes also bring rain, which makes for lush greenery. B. Soils The topography of the site is fairly level. The Land Study Bureau Overall Master Productivity Rating for the area where my property exists shows "C" as being the closest proximity classification. This area is considered fair which denotes soil that is 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. My property has a combination of dark soil and blue lava rock, with areas of Pahoehoe. We compost all our household food scraps into 3 large trash cans, which we use to fertilize our fruit trees. C. Flora and Fauna Although there were no professional surveys conducted of the flora and fauna resources of the site, I do not believe that rare or endangered flora or fauna resources are likely to be found within my property. Almost all of the floral resources have been introduced by myself over the last 9 years. We have indigenous ohia trees, Fruit Bearing trees which we make available for our guests when they are in season ... such as Breadfruit trees (Ulu), Kukui Nut Trees, Coconut trees, lilikoi vines, hawaiian chili pepper, dragon eye, jackfruit, mountain apple, macadamia nut trees, a pecan tree, lychee, mangosteen tree, guava, banana, many kinds of avocado, several types of lemons, limes, oranges, ruby red and regular grapefruit, pomelos, several types of tangerines, loquat, acerola cherry, Brazilian cherry, Hayden mango trees, apple trees, grapes, fig trees, 100 plus pineapple plants, blueberries, bellpeppers, Kobocha squash, eggfruit, and betel nut palms. We also have an extensive amount of manicured ornamental shrubs and flowering plants to add beauty to the landscaped garden. Various hibiscus, anthuriums, a wide variety of orchids including cymbidiums, dendrobiums, phalaenopsis, cattleya, and oncidium orchids. Night blooming jasmine, Spider Lily, Agapanthus, Tuberose starts, Aloe, Jade and other succulents, Impatiens, Coleus, Iris, 2 types of Oleander, Bleeding Heart, Gardenia, Kula Gold, Angel Trumpets, regular Pikake and the double version, Mock Orange, Hapu'u ferns, purple Heather, Ice cream bush, Cherry Blossom tree, yesterday today and tomorrow, roses, Jacaranda, 5 Painted Rainbow Eucalyptus, dwarf orange, Ginger, Awapuhi ginger, Royal Poinciana, Rainbow Shower tree, Phoenix Palms, Areca Palms, Fishtail Palms, Plumeria, Penta shrubs, Hau trees, Bottle Brush, Sandpaper plant, Paperbark trees, Bougainvillea, Rhododendron, Blue Ginger, Pomegranate trees, Bird of Paradise, Asiatic Lily, money trees, regular Ti leaf, large red Ti, ornamental miniature red Ti and a colorful tri colored Ti, kalakoa bushes, Monstera and Lauhala. This site is not known to be a habitat for any rare or endangered wildlife. Given it's elevation, however it would be possible to find the Hawaiian Hawk ( I'o) and Hawaiian Owl (Pueo). It would appear that this B&B use would not have any significant negative impact, if at all on the flora and fauna resources in the area. The plants and flowers on our property actually attracts various kinds of birds and bees. 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 and because of previous bulldozing before we bought the property, 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 I will immediately notify the Planning Department and the State DNLR and secure their clearances before proceeding further. E. Valued Cultural Resources The recent Hawaii State Supreme Court's "PASH" and "Ka Pa'Akai 0 Ka 'Aina" decisions require decision makers to consider a project's impact to native Hawaiian gathering and fishing rights. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated traditional and customary practices of this site and the impact of this project to these resources and practices. In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, gathering of marine life and coastal access is not an issue. The cultural impact if any appears to be non-existent. However, in the event legitimate gathering claims are made by native Hawaiians, I intend to respect and honor such claims and provide the needed access onto my property. F. Volcanic and Earthauake Hazards The United States Geological Survey (USGS) classifies the area of Hilo as Lava Flow Hazard Zone 3 on a scale of ascending risk 9 to 1. 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, I have no plans to make further improvements on this building. In the event that I do, compliance with these requirements will be addressed during the building permit process. In 2018 a 6.9 magnitude earthquake shook this 3-story house and it stood completely rock solid and didn't move off it's axis at all. Although the top swayed, the house was not damaged one bit. 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, we control noise by living in the house where the rooms will be rented and we have rules in place, such as Quiet Enjoyment time after 10pm. Guests are not allowed to have parties at our home. The air quality in this area is very good and rarely affected by natural, agricultural and/or vehicular emissions. Vehicular traffic to and from our property should not significantly increase over the current levels. The use itself is non -noxious, and no tour buses will be allowed to our property. If approved, this request 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 3 acre Ag land lots (zoned A-3a) with the exception of our property, not much actual farming is taking place in Hawaiian Acres. There are a substantial amount of vacant/undeveloped lots which makes for a very rural feel in the area. Given the existing and zoned conditions and varying accesses, the proposed maximum 4 room B&B would not be incongruous with the emerging rural - residential and rural -agriculture pattern of this area. B. Agricultural Impacts The requested use is intended to complement and enhance the existing rural -agricultural ambiance of this area. As such, the B&B- as a form of agricultural tourism -should enhance rather than detract from the strength of the agricultural industry, especially in light of our extensive fruit farming activities in the making. C. Economic Impacts We will be operating the B&B. Thus, no new direct employment is expected to be generated by this project, except for the occasional 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 in the community in the form of car rental, 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 7.5 miles from the shoreline. Additionally, this site does not serve as a mauka-makai access to the coastline. As such, the requested use should not have any adverse impact on the recreational resources of the area. B. Historical Resources As the subject of the 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/development of any aspect of this parcel, work will stop and appropriate clearances from the State DLNR and County Planning Department will occur before said activity is resumed within the affected area(s). C. Scenic and Open Space Resources The subject parcel is located about 2 miles, makai side of Highway 11. The dwelling is not visible with the naked eye from either the shoreline or from Highway 11. Accordingly, the visual impact of this project on the coastal area should be non-existent. 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. We believe that the existing cesspool system should be adequate for the proposed B&B use since it has been in operation for 9 years and no additional users are proposed which should not increase over what was originally intended by the restrooms within the 5-bedroom dwelling and associated structures. Given the above plus the fact that the site is more than 7.5 miles from the shoreline, the proposed B&B use should not create any adverse impacts to the area's coastal ecosystem. E. Economic Uses After the 2018 volcanic eruption in Leilani Estates, there were finally signs of Hawaii's economy turning around, until the 2020 COVID Pandemic hit. Three years later, the economy is much better, but Hawaii's short-term economic future is still somewhat uncertain. All things considered, it is important to continue with projects such as this that indirectly enhance and emphasize the Big Island's agricultural -tourism industry. Establishments must be creative to be able to attract visitors that are looking for unique experiences! This project, working within the framework of existing regulations, may help stabilize and provide some assistance to our island's economy. Although this project will not directly create any new jobs, its importance comes in the form of strengthening our community by creating a unique and affordable, Hawaiian tropical experience. We are here to give our visitors vital information about visiting our Island, such as how to protect our wildlife and ocean life. We help them plan their excursions and give tips about where to spend their money while eating out at restaurants all around the island and places to pick up unique snacks and souvenirs to take back home. We talk about Hawaiian culture, and explain how for us, Pele is alive and how she transforms our island. We fill a special niche and would like to enhance our endeavor by becoming a B&B. Not everyone has the means and/or wants to stay in a cookie cutter box of a hotel room away from the attractions on the East Side of Hawaii, especially the Volcano National Park. Our guests appreciate our proximity to 3 main areas. (30 minutes to Hilo, Volcano or Pahoa/Kalapana.) 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 floodwater 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 7.5 miles from the shoreline and 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-3a 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 enforce(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 board called Marine and Coastal Zone Management Advisory Group (MACZMAC) 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 Hilo Planning Commission's required public hearing as well as the rights to request for participation via a contested case hearing are mailed. I have to date, approached most of my immediate neighbors who I know, and obtained 6 letters of support from them in favor of us becoming a B&B. have submitted these letters into the Epic System. I. Beach Protection and Marine Resources The subject property is not a coastal property, as previously stated, it is situated about 7.5 miles from the closest shoreline. IX. JUSTIFICATIONS FOR REQUEST In determining whether the requested use is an "unusual and reasonable use" and this should be permitted within the agricultural District, certain guidelines are used. These guidelines and their relationship to the requested use follow. A. Relationship to Land Use Law and 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 public welfare. Approving the special permit to host a B&B would not diminish the extensive farming already in existence on this property as described previously in this document. B. Relationship to General Plan and Other Planning Reauirements On the LUPAG Map, the subject property is designated "as" Extensive Agriculture. 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 Agriculture designation, the proposed maximum 4-room 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 agriculture industry. In that regard, the requested use would fulfill the General Plan's agriculture objective. The request would also not be contrary to the goals, policies, and standards of the General Plan and Puna Community Development Plan. 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 4-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 niche market opportunities. Two (2) of these -although somewhat overlapping -are Agri -Tourism and Edu-Tourism. Agri -Tourism is travel for education with an agricultural emphasis. Edu-Tourism is along that line with an emphasis on education and training in Hawaii's unique natural and multi- cultural environment. Our overall program completely reflects this 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 and except for the subject property there are very limited, if at all, agricultural activities in this area. For the most part, the immediately surrounding lots are used and/or zoned for residential and agricultural purposes. Given the existing and zoned conditions, the proposed maximum 4-room B&B would blend in perfectly into the residential/rural/agricultural pattern of this area. The proposed use is expected to occur within an existing 5-bedroom dwelling. I will also live on the property, as I have been for the last 9 years running a hosted STVR. 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, there should be little to no extra traffic resulting from this project. Normal check and check outs occur during non -peak traffic hours. There would be sufficient on -site parking, eliminating the need for any off -site or roadside parking. Thus, the traffic, visual and noise impacts -with the mitigation noted herein - resulting from the request to surrounding properties should not be significant. The fact that the dwelling is situated in a subdivision that is zoned A-3a provides the opportunity for neighboring dwellings to be spread out. I purposely left a 1-acre buffer of dense vegetation between our property and the neighbor to the rear of us. We have had zero contact with any of them. Therefore, the current hosted STVR and proposed B&B will have little to no impact for these neighbors. As previously stated, I have obtained approval letters from 6 of my more immediate neighbors on the front and side of the subject property. Several neighbors have accommodated guests and family members at our property in the past. D. Infrastructural and Government Services Impacts The proposed use would not unreasonably burden public agencies to provide roads and streets, sewer or water service improvements. We are on a water catchment system as previously described in detail and no additional water service is needed. An approved wastewater system for the project already exists. Access to the property is via Moho Road, a 20 foot wide paved road that connects to Highway 11. Moho road is more than sufficient to allow emergency vehicles to access the site of the B&B. Fire Stations are located in Keaau and Pahoa, 6 and 9 miles from the subject property. Police service is available from either the same location as the fire stations. 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 summary, there is limited public infrastructure downsides to allowing this hosted STVR to be approved as a B&B. E. Suitability of the Site The proposed B&B request would simply allow us to change from a hosted STVR, which is currently occurring, in an already improved area. The use of a B&B permit will not result in the removal of any potentially agriculturally usable land. 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 is to retain the general character and ambiance of this area. 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. G. Unusual Conditions or Trends In this era of eco-tourism and Edu-tourism, my proposal for a B&B permit 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 doing so, 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 including the subject property can be put to more productive agricultural uses rather than lying fallow. Relative to the B&B, in this era of eco-tourism, places like ours are greatly needed. These unique types of accommodation rather than resorts or hotels, provide travelers who prefer to make their own plans, a home away from home feeling. People such as these, enjoy learning from my wife and firsthand about what we love about this island. We understand from listening to our hosted STVR guests that many could not afford to travel to Hawaii without finding better priced accommodation. Since other islands have halted most STVR's, prices for accommodation have skyrocketed, along with the cost of rental cars. At this rate, this island stands to lose these types of vacationers as they look elsewhere, away from Hawaii. B&B's and STVR's should be considered complementary instead of being regarded as a "threat" to existing resorts. It should be noted that many operators of B&B's provide information and island guides to their guests. As a current hosted STVR, we offer advice and guide our guests to our favorite places to eat, places to visit and to shop around the island. Some of which are in resort areas. In this way, existing resorts can enjoy some economic benefits as our guests enjoy eating at their restaurants and shopping in their stores. COUNTY OF HmAI'1 Real Property Tax Office Parcel 160500580000 Situs/Physical 16-1456 MOHO Market Land $67.000 ID Address ROAD Value Acreage 3 Mailing MATTHEUS,RIAAN Dedicated Use $0 Class AGRICULTURAL Address PO BOX 10517 Value HILO HI 96721 Land $0 5517 Exemption Net Taxable $67,000 Land Value Assessed $490,600 Building Value Building $150,000 Exemption Net Taxable $340,600 Building Value Total Taxable $557600 Value Brief LOT 4935 3.000 AC MAP 49 LCAPP 1053 UND 1/3944 INT IN LOT 6213 Tax Description (Note: Not to be used on legal documents) Overview Legend ❑ Parcels Last 2 Sales Date Price Reason Qual 2/27/2018 $137174 NOT OPEN MARKET U 7/12/2017 0 RELATED INDIVIDUALS U ORCORPORATIONS *Hawaii County makes every effort to produce the most accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use or interpretation. The assessment information is from the last certified taxroll. All data is subject to change before the next certified taxroll. The 'parcels' layer is intended to be used for visual purposes only and should not be used for boundary interpretations or other spatial analysis beyond the limitations of the data. The'parcels' data layer does not contain metes and bounds described accuracy therefore, please use caution when viewing this data. Overlaying this layer with other data layers that may not have used this layer as a base may not produce precise results. GPS and imagery data will not overlay exactly. Date created:5/23/2023 Last Data Uploaded: 5/22/202311:56:16 PM Developed by4.i Schneider GEOS PAT I A L, d z Q w i ® < 1� 0 04� Q �Fn0 LU Dear Kimo Vasconcellos, This letter is to request your approval of our intentions to file an application for a Bed and Breakfast license with the County of Hawaii in March, 2023. Our plans are to use 4 to 5 bedrooms in our house, situated for Bed and Breakfast accommodation. We will continue to provide accommodation to local Hawaiian and tourists from all over the world as we have done for the past 8 years, with same consideration and respect for our neighbors. We have strict rules in place to make sure our guests behave and do not become a nuisance or bother our neighbors in any way. We would appreciate your positive approval response in the form of a short letter. Much appreciated. Yours truly. A<;� Riaan and Lisa Mattheus Date: 02/22/2023 March 10, 2023 To: Riaan & Lisa Mattheus Aloha Riaan & Lisa My wife and f have seen all of your hard work and concern you both have put in to your home. We consider what you are planning to do to be very ambitious. We support your endeavors and wish you the best of luck. P ha your neigh o "James & Roena Vasconcellos April 24, 2023 Dear Riaan and Lisa Mattheus, My husband, Dave Rogers, and I own the property located at 16-1443 Moho Rd, across the street from the proposed bed and breakfast. We have no objection to the bed and breakfast. We have had no issues with it and don't foresee any. Sincerely, Terri jhetforcj &/D ve R gers r 5/7/23, 1:13 PM Darren's Review - Airbnb &� Today inbox Q Calendar Insights Menu - ic, < All listing reviews Darren's review of your place Honeymoon suite, excellent WiFi for remote working Apr 25 -- May 2, 20235 Overall rating 5 * Public review Riaan and Lisa are amazing hosts! They are the nicest people and we loved every minute of our stay with them! We felt welcomed from the instant we arrived and they truly went above and beyond our expectations! Their knowledge of the entire island and their recommendations on places to go and see and eat were spot on for us! We could not have chosen better people to stay with and we cannot wait to go back and see them again! Lisa, we cannot thank you enough for your hospitality! We enjoyed our daily chats with you so much and we find ourselves missing them since we have been home! You, Riaan and Cathy have made a huge impact on us and we are already making plans to come see you again! To anyone reading this that is looking for a place to stay while in Hawaii, look no further! This is where you want to be! You will not find better people or a more beautiful estate to stay at than with Riaan and Lisa! 10 out of 10M Thank you so much for everything and we can't wait to see you again! Reply to Darren Private note from Darren https://www.airbn b.com/progress/reviews/details/882805635562341357?c=.p180.pkaGgtZVgyZXZpZXdzL2hvc3RfcmV2aWV3X3JiY2VpdmVkX3Yz&e... 1 /4 111/28�/22, 11:13 AM Suzanne's Review - Airbnb Today Inbox Calendar Insights Menu j < All listing reviews Turtle room, excellent WP and workspace Oct 16 —18, 2022 Overall rating 5 Public review Everything about my experience was awesome; 5 stars all the way.1. The grounds. Tropical plants and flowers, and the fruit and avocado trees! Eating fresh fruit and avocados was a bonus! Plenty of parking. 2. The pets.; Dogs Roman and Milo and the pups Shilo and Loni, the cats and bunny are clearly well loved creatures that brought me great joy, being a pet owner. 3. Location. It's a gated entry which I prefer, and completely central to many places on that side of the island, like 9 miles or closer from anywhere you want to go. 4. The accommodations: Even nicer then the photos show and very large with an exceptional sleep experience in terms of comfort. Super clean throughout. Love the deck spaces too! Plenty of room for Yoga. 5. Kitchen and dining area: The kitchen is well stocked to cook with very organized spaces for each guest in the frig and for dry goods. 6. The OUTDOOR SHOWER!!! In the islands I try to stay where there is an outdoor shower but this one is the best so far ... large, beautiful, private and lush full of orchids and a large lava seat. Oh yeah! 7. Saving the best for last ..... The experience: The family style dining was perfect. We'd all sit down at the large table and share our plans for the day or our experiences from the day. One fond memory is when I arrived back after dark, got out of my car, and immediately could hear lively laughing and conversation of several people at that table. And of course it was Riann and Lisa who initiate this with genuine friendliness to make it feel like home. I was at the end of my stay but listening outside brought eps. https://www.airbnb.com/progress/reviews/details/740773512100732893 Planning D1/3 Exhibit 1 11/28/22, 11:19 AM Daniel's Review - Airbnb 66 Today Inbox Calendar Insights Menu < All listing reviews Honeymoon suite, excellent WiFi for remote working Aug 9 - 16, 2022 Overall rating Public review UM3 4* These hosts were incredibly warm and generous with their house and advice for travef The room was clean, simple, and super comfortable. I really enjoyed the hot tub. If you want to upe the kitchen and/or common area, keep in mind that you might be sharing this space with your host and/or other guests, so as long as you're comfortable with that, then you'll definitely.: enjoy your stay.' Private note from Daniel You were considerate, kind, and very generous with giving tips and suggestions for travel. Also, your house was lovely and your pets were very sweet. The room was very clean, simple, and comfortable.;) think my only complaint is just the difficulties of sharing a space with your hos` Sharing a kitchen and making small talk to avoid awkwardness was sometimes stressful, as try, wife and l mainly wanted to spend time aloneAlso, even the dogs were as sweet as can be, at times it was hectic trying to get out the door. I'm conflicted though, because I really like dogs... These obviously weren't anything you did wrong, but it's just my honest review of our experience. It might not be fixable with the arrangement of your setup, but I wanted to mention it. Planning Dept. https://www.ai rbnb.com/prog res s/rev iews/d eta i ls1695093256081367255 Exhibit 1 /3 11/28/22, 11:15 AM Marie's Review - Airbnb L% Today Inbox Calendar Insights Menu — < All listing reviews X dtk Marie's review of your place Honeymoon suite, excellent WiFi for remote working Sep 28 _ ©c $ Overall rating Public review Elm 5* Riaan and Lisa are very great and friendly hosts. We got a lot of valuable information from them. Riaan gave us a little tour through the big garden and explained us the fruits they are growingThe rooms are veeery clean! Liked it a lot. In the evening you can sit with them and all guests together.100% recommendation! Private note from Marie Thank you for the great stay and the nice private garden tour!:) Detailed feedback Check -in 5* Cleanliness https://www.airbnb.com/progress/reviews/detaiIs/732055727278012195 Planning Dept. 5 Exhibit 1/3 Mitchell D. Roth Mayor Lee E. Lord Managing Director West Hawaii Office 74-5044 Ane Keohokalole Hwy Kailua-Kona, Hawaii 96740 Phone (808) 323-4770 Fax (808) 327-3563 May 9, 2022 SUBJECT: Closure Letter County of Hawaii PLANNING DEPARTMENT Zendo Kern Director Jeffrey W. Darrow Deputy Director East Hawaii Office 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Phone (808) 961-8288 Fax (808)961-8742 Complaint: Illegal Bed & Breakfast Establishment in the Agricultural (A -la) Zoning District File No: PL-PCV-2022-00151 TMK: (3) 1-6-050:058, 16-1454 Moho Road, Hawaiian Acres Thank you for submitting your complaint stating the agricultural zoned property is operating an illegal Bed & Breakfast establishment (B&B) without a special permit. The subject property is located at 16-1456 Moho Road in Hawaiian Acres, Hawaii. The parcel TMK is (3) 1-6-050:058 Lot 4935, hereafter referred to as the "property", and is owned by Riaan Mattheus and Lisa Leina'ala Mattheus. The property, consisting of approximately 3 acres, is located within the State Land Use (SLU) Agricultural District, the County of Hawai'i Zoning Agricultural District (A-3a). The County of Hawaii, Planning Department regulates Chapter 25 of the Zoning Code. As a reminder, currently the Planning Department does not regulate hosted vacation rental and long- term rentals. For additional information, we have provided the link to Chapter 25, Zoning Code, where you may find the referenced sections. Zoning & Land Use I Hawaii County, HI Planning According to Hawaii County Code (HCC) Chapter 25 Section 25-1-5. Definitions: "Bed and breakfast establishment" means any single-family dwellings and/or guest houses (pursuant to Section 25-4-9), which have been permitted on a building site, in which overnight accommodations and only breakfast meals are provided to a maximum of ten guests, for compensation, for periods of less than thirty days. Planning Dept. Exhibit 2 www.hiplanningdept.com Hawaii County is an Equal Opportunity Provider and Employer planningAahawaiicounty_.gov May 9, 2022 Page 2 "Family" means an individual or two or more persons related by blood, state -sanctioned adoption, foster parentage, guardianship or marriage, or a group of not more than five unrelated persons (excluding servants), occupying a dwelling unit. "Dwelling unit" means one or more rooms designed for or containing or used as the complete facilities for the cooking, sleeping and living area of a single-family only and occupied by no more than one family and containing a single kitchen. "Single-family dwelling" means a building containing only one dwelling unit. Division 7. A, Agricultural Districts. Section 25-5-72. Permitted uses. (d) The following uses may be permitted in the A district, provided that either a use permit is issued for each use if the building site is outside of the State land use agricultural district or a special permit is issued for each use if the building site is within the State Land Use agricultural district: (1) Bed and Breakfast establishments, as permitted under section 25-4-7. Findings Our investigation and resources find the subject property based on online Airbnb platform advertisements and reviews, indicates the landowners to be operating as a hosted vacation rental, with no indication of guest accommodations to include served meals. In addition, the owners have claimed the subject property as primary residence and home exemption filed with the HCC Real Property Tax Division since 2017. Based on the findings, we do not find this subject property to be operating as a Bed & Breakfast establishment and/or a Short -Term Vacation Rental (STRV) therefore, we will not further investigate the issues listed above and consider the complaint closed. Should you have any questions which pertains to this matter, please feel free to contact Planning Inspector, Annalyn Seguban, of this office at (808) 961-8039. Sincerely, Zendo Kern (May 11, 202216:17 HST) ZENDO KERN Planning Director AS:cn \\COHO1\planning\publicAEnforcement\TMK Files\ZONE 1 Sec. 1-5 to 1-9\1-6-050-058\closurePCV 22-00151.doc JOSH GREEN, M.D. GOVERNOR OF HAWAII KE KIA'AINA O KA MOKU'AINA O HAWAI'I MEMORANDUM DATE: June 29, 2023 �s y: =L y.v ;xs 4Qq ...............off', �'O.ut��raom STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 H I LO, HAWAI 196721-0916 TO: Mr. Zendo Kern Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Special Permit Application (PL-SPP-2023-000041) Applicant: Riaan Mattheus KENNETH S. FINK, M.D, MGA, MPH DIRECTOR OF HEALTH KA LUNA HO'OKELE Request: To Allow the Operation of a Four (4)- Bedroom Bed & Breakfast Establishment within an Existing Dwelling TMK: 1-6-050:058 Puna, Hawaii In most cases, the District Health Office will no longer provide individual comments to agencies or project owners to expedite the land use review and process. Agencies, project owners, and their agents should apply Department of Health "Standard Comments" regarding land use to their standard project comments in their submittal. Standard comments can be found on the Land Use Planning Review section of the Department of Health website: https://health.hawaii.gov/epo/landuse/. Contact information for each Branch/Office is available on that website. Note: Agencies and project owners are responsible for adhering to all applicable standard comments and obtaining proper and necessary permits before the commencement of any work. General summary comments have been included for your convenience. However, these comments are not all-inclusive and do not substitute for review of and compliance with all applicable standard comments for the various DOH individual programs. Clean Air Branch 1. All project activities shall comply with the Hawaii Administrative Rules (HAR), Chapters 11-59 and 11-60.1. Planning Dept. Exhibit 3 Zendo Kern June 29, 2023 Page 2 of 4 2. Control of Fugitive Dust: You must reasonably control the generation of all airborne, visible fugitive dust and comply with the fugitive dust provisions of HAR § 11-60.1-33. Note that activities that occur near existing residences, businesses, public areas, and major thoroughfares exacerbate potential dust concerns. It is recommended that a dust control management plan be developed which identifies and mitigates all activities that may generate airborne and visible fugitive dust and that buffer zones be established wherever possible. 3. Standard comments for the Clean Air Branch are at: hgps:Hhealth.hawaii.gov/epo/landuse/ Clean Water Branch 1. All project activities shall comply with the HAR, Chapters 11-53, 11-54, and 11-55. 1. The following Clean Water Branch website contains information for agencies and/or project owners who are seeking comments regarding environmental compliance for their projects with HAR, Chapters 11-53, 11-54, and 11-55: httDs:Hhealth.hawaii. szov/cwb/clean-water-branch-home- page/cwb- standard -comments/. Hazard Evaluation & Emergency Response Office A Phase I Environmental Site Assessment (ESA) and Phase 11 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. Standard comments for the Hazard Evaluation & Emergency Response Office are at: hops://health.hawaii.gov/epo/landuse/. Indoor and Radiological Health Branch 1. Project activities shall comply with HAR Chapters 11-39, 11-45, 11-46, 11-501, 11- 502, 11-503, and 11-504. Construction/Demolition Involving Asbestos: If the proposed project includes renovation/demolition activities that may involve asbestos, the applicant should contact the Asbestos and Lead Section of the Branch at h=s:Hhealth.hawaii.gov/irhb/asbestos/. Safe Drinking Water Branch 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 1I- Zendo Kern June 29, 2023 Page 3 of 4 25. They may be responsible for fulfilling additional requirements related to the Safe Drinking Water program: https:Hhealth.hawaii.gov/sdwb/. Standard comments for the Safe Drinking Water Branch can be found at: hgps://health.hawaii.gov/epo/landuse/. Solid & Hazardous Waste Branch 1. Hazardous Waste Program - The state regulations for hazardous waste and used oil are in HAR Chapters 11-260.1 to 11-279.1. These rules apply to the identification, handling, transportation, storage, and disposal of regulated hazardous waste and used oil. 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. Underground Storage Tank Program — The state regulations for underground storage tanks are in HAR Chapter 11-280.1. These rules apply to the design, operation, closure, and release response requirements for underground storage tank systems, including unknown underground tanks identified during construction. 4. Standard comments for the Solid & Hazardous Waste Branch can be found at: hllps:Hhealth.hawaii._gov/epo/landuse/. Wastewater Branch For comments, please email the Wastewater Branch at.doh.wwbgdoh.hawaii.gov. Sanitation / Local DOH Comments: 1. "Bed and Breakfast establishment" means a single-family dwelling, including a single guest house, in which overnight accommodations and only breakfast meals are provided, and the number of guests does not exceed six(6). 2. "Potentially hazardous food" means any food that consists, in whole or in part, of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea or other ingredients, including synthetic ingredients in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. The term does not include foods that have a pH level of four and six -tenths or below or a water activity (aw) value of eighty-five hundredths or less. 3. When required by the County Planning Department, Bed and Breakfast establishments may request documentation from the Department of Health. The Department of Health Zendo Kern June 29, 2023 Page 4 of 4 will provide documentation to the Planning Department once written communication from the Bed and Breakfast operators are received regarding their food service operations. 4. If the proposed Bed and Breakfast meal consists of commercial cereal, pastries (except custards or cream filled), breads, fruits, coffee, tea, and juice, a food establishment permit will not be required from the Department of Health at this time. This limited menu must be documented in a letter to the Department of Health. The guests shall be informed by statements contained in published advertisements, mailed brochures, and placards posted at the registration area that the food is prepared in a kitchen that is not regulated and inspected by the Department of Health. For Bed and Breakfast operations that provide meals which include potentially hazardous foods, a food establishment permit will be required to operate. County landuse approval for operating a food establishment may also be required. A kitchen used to prepare foods for individual family consumption will not be allowed to be permitted. A separate commercial kitchen will need to be constructed. 6. If you have any questions regarding this guideline, please call the Food Safety Program at 933-0917. Other 1. CDC - Healthy Places - Healthy Community Design Checklist Toolkit recommends that state and county planning departments, developers, planners, engineers, and other interested parties apply these principles when planning or reviewing new developments or redevelopment projects. 2. If new information is found or changes are made to your submittal, DOH reserves the right to implement appropriate environmental health restrictions as required. Should there be any questions on this matter, please contact the Department of Health, Hawaii District Health Office, at (808) 933-0917. Andrews, Jessica From: Pruder, Sina L <sina.pruder@doh.hawaii.gov> Sent: Wednesday, July 12, 2023 11:39 AM To: Andrews, Jessica Subject: RE: Special Permit Application for DOH review Hi Jessica, The owner will need to upgrade the cesspool to a package wastewater treatment plant if she exceeds 8 guests. Also, depending on the flow to the cesspool, if it exceeded 1,000 gallons per day, it would be classified as an injection well that is regulated by our Safe Drinking Water Branch. If they stay within the parameters of these restrictions, an upgrade will not be needed. It would be in their best interest to stay within these parameters. Thanks, Sina From: Andrews, Jessica <Jessica.Andrews@hawaiicounty.gov> Sent: Wednesday, July 12, 2023 11:20 AM To: Pruder, Sina L <sina.pruder@doh.hawaii.gov> Subject: [EXTERNAL] RE: Special Permit Application for DOH review Thanks for the citation in HAR. A follow up question for you: If the Bed and Breakfast establishment exceeds 8 guests or 2 people per bedroom, will this require an upgrade from the existing cesspool to a septic system? Alternatively, if they stay within the parameters of these restrictions, will the upgrade be unnecessary? Thank you, Jessica From: Pruder, Sina L <sina.pruder@doh.hawaii.gov> Sent: Wednesday, July 12, 2023 10:43 AM To: Andrews, Jessica <Jessica.Andrews@hawaiicounty.gov> Subject: RE: Special Permit Application for DOH review Jessica, Section 11-62-08(c), Hawaii Administrative Rules. From: Andrews, Jessica <Jessica.Andrews@hawaiicounty.gov> Sent: Wednesday, July 12, 2023 10:28 AM Planning Dept. Exhibit_ 3 To: Pruder, Sina L <sina.pruder@doh.hawaii.gov> Subject: [EXTERNAL] Re: Special Permit Application for DOH review Aloha, Thank you for the comments. It will help inform the Planning Director's recommendation to have a reference in DOH HAIR rules for the restrictions on number of guests and people per room. Thanks, Jessica From: Pruder, Sina L <sina.pruder@doh.hawaii.gov> Sent: Wednesday, July 12, 2023 8:51 AM To: Andrews, Jessica Subject: RE: Special Permit Application for DOH review Aloha, Here is DOH's comment for the proposed bed and breakfast establishment. The number of guests cannot exceed 8 and no more than two people per room at the proposed bed and breakfast establishment. Let me know if you should have any questions. Thanks, Sina Pruder Department of Health, Wastewater Branch 2827 Waimano Home Road Hale Ola Building, Room 207 Pearl City, Hawaii 96782 Ph. 808-586-4294 Fax: 808-586-4300 Email From: Andrews, Jessica <Jessica.Andrews@hawaiicounty.eov> Sent: Tuesday, July 11, 2023 2:12 PM To: DOH.WWB <DOH.wwb@doh.hawaii.eov> Subject: [EXTERNAL] Special Permit Application for DOH review Aloha, Please see attached application for a Special Permit to operate a 4-bedroom Bed and Breakfast establishment. Please provide any comments to our office. Thanks, Jessica Jessica Andrews, Planner County of Hawai'i Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawai'i 96720 (808) 961-8155 Jessica.andrews@hawaiicounty.gov HAWAII FIRE DEPARTMENT. COUNTY OF HAWAII . HILO, HAWAII 96720 DATE June 29, 2023 Memorandum TO CHRISTIAN KAY, COUNTY OF HAWAII, PLANNING DEPT. FROM CAPTAIN CLINTON BAYBAYAN, FIRE PREVENTION BRANCH SUBJECT: RIAAN MATTHEUS, BED AND BREAKFAST, (PL-SPP-2023-000041) In regards to the above -mentioned project, Fire Department Access and Water Supply shall comply with Chapter 18 of the 2018 Hawaii State Fire Code and Chapter 17 of the Hawaii County Code. For any questions, please email Clinton.BnbUanghawaiicoun ..gov or call 808-323-4761. Respectfully Submitted, Clinton Baybayan Fire Prevention Captain Fire Prevention Branch Hawaii Fire Department Planning Dept. Exhibit 4 Mitchell 1). Roth t/till u County of Hawai ' i POLICE DEPARTMENT 349 Kapi'alaw Street . Ilik}. I la" ai i 96720-3098 (808) 9:35-3311 m Fax 0081 961 +.S4 June 26, 2023 TO ZENDO KERN, PLAMNING DIRECTOR FROMAK.' HO, ASSISTANT POLICE CHIEF IR4EA I 0 OPERATIONS BUREAU Benjamin 't'. Moszkowicz Pokc t { 101ef @I-i 'LFANNI N G DES a LlN 7 2 0 23 11:2i SUBJECT: SPECIAL PERMIT APPLICATION (PL-SPP-202.3-000041 ); APPLICANT: RIAAN MATTHEUS; REQUEST: TO ALLOW THE OPERATION OF A FOUR (4)-BEDROOM BED AND BREAKFAST ESTABLISHMENT WITHIN AN EXISTING DWELLING; TAX MAP KEY: (3) 1-6-050.058 {POR.}; PUNA, HAWAII Staff, upon reviewing the provided documents, does not anticipate any significant impact to traffic and/or public safety concerns. Thank you for allowing us the opportunity to comment. If you have any questions, please contact Captain Scott Amaral, Puna Patrol, at 965- 2716 or via email at scott.amaral@hawaiicounty.gov. sA 11i123HQ0821 Planning Dept. Exhibit 5 -'IIaAai-i Count) is au liqua l [)pporttrmlr I'm%idrrarld I.ill plu.Cr' 2/22/23, 8:02 PM Re: TMK (3)1-6-050-058 Re: TMK (3)1-6-050-058 - Yahoo Mail hawaiibigisland.../Inbox L"� Terrie Schaff <doodles4u@gmail.com> i To: hawaiibigislandI969@yahoo.com Re: 'TMK (3)1-6-050-058 Moho Airbnb To whom this concerns: Jan 11 at 106 PM I own a property in Hawaiian acres neighborhood very near this property. I also have spent a lot of time at this Airbnb from the time Riaan first started it in 2014 up to the present. I have seen Riaan and take the property from being a repossession to making it a beautiful lush garden for people to enjoy when they come and stay at his Airbnb. Both Riaan and Lisa contribute to the well-being of this Hawaiian island by educating and helping people who stay with them understand the unique Hawaiian Culture. They provide an amazing garden full of fruits, vegetables and flowers which their guests are also able to enjoy. 1 hey keep strict guidelines as to any noise level or the coming and goings of the guests so that it does not offend or harm the neighborhood in anyway. As property owners in this community and owners of an adjoining property to this property, we have absolutely no objection to them being approved for a Bed & Breakfast license. We feel that their establishment brings enhancement to the community and to this island. If you have any questions please feel free to contact us at area code 54141001270 or my email at Terrie and Gene Schaff Planning Dept. Exhibit 6 19 February 2023 To Whom It May Concern, I, Glenda Morales, own and live on property right across the road from Riaan and Lisa Mattheus. I am aware that they run a vacation rental out of their home (TMK (3) 1-6-050: 058 ) and I am actually quite grateful for it. In addition to having the most convenient accommodations for friends and family visiting me and my family on the island, it also benefits my own business as a Spiritual Guide and Holistic Health professional. I have already been able to put my clients up at their home, giving them a beautiful space to rest with good company in between the times they work with me. I approve of their application to become a Bed & Breakfast. It is great for the community. Thank you for your time and consideration, Glenda Morales Planning Dept. Exhibit_ 7 March 2, 2023 Dear Directors, We write on behalf of the Kaleikini Family Trust and Tsuha Family Trust, we are in support of Riaan and Lisa Mattheus's application to operate their Bed & Breakfast establishment. Our homes are located right across the street from their property. We have owned our properties since 1978 and 1990. We have known Riaan and Lisa approximately for eight years and very glad to welcome them to our neighborhood. We have seen how much work Riaan and Lisa renovated their house and created a beautiful landscape of beautiful plants, flowers and palm trees. The home is beautiful now compared to the previous ownership of their property. They also have a electronic gate to enter their property and the home is set back from the main road. They are changing their vacation rental to a Bed and Breakfast establishment which we fully support. I rarely notice the guests so as neighbors there is no problem or disturbances. Riaan and Lisa are extremely friendly, honest, trustworthy and kind neighbors. They both have been very helpful also in maintaining our properties as we are often out of town. We trust them to help us with our six acres maintaining our yard, patio, gutter, gate & paint projects and house-cleaning. In summary, we support their application. We have no issues with their business blossoming into a Bed and Breakfast. It is actually a good thing in our opinion. It's wonderful to know that good people like Riian and lisa exist and want to provide a home -like experience in our area for travelers to visit the attractions in East Hawaii. The excellent landscape of their property and their beautiful home should be enjoyed by others! Sincerely, Kaleikini Family Trust -Parcel Number 160500170000 16-1453 Moho Road Hawaiian Acres, Hawaii 96760 Miyoko Kaleikini Joseph K. Kaleikini Jr. (Former Commander of the Korean War Veteran Association & Purple Heart Association, Purple Heart Recipent) Tsuha Family Trust- Parcel Number 3160500180000000 16-1445 Moho Road Hawaiian Acres, Hawaii 96760 Dr Walter Tsuha (Former NASA/Caltech Excellence Award Recipent) Barbie Tsuha Ryan Tsuha Planning Dept. Exhibit 8 March 2, 2023 Dear Directors, We write on behalf of the Kaleikini Family Trust and Tsuha Family Trust, we are in support of Riaan and Lisa Mattheus's application to operate their Bed & Breakfast establishment. Our homes are located right across the street from their property. We have owned our properties since 1978 and 1990. We have known Riaan and Lisa approximately for eight years and very glad to welcome them to our neighborhood. We have seen how much work Riaan and Lisa renovated their house and created a beautiful landscape of beautiful plants, flowers and palm trees. The home is beautiful now compared to the previous ownership of their property. They also have a electronic gate to enter their property and the home is set back from the main road. They are changing their vacation rental to a Bed and Breakfast establishment which we fully support. I rarely notice the guests so as neighbors there is no problem or disturbances. Riaan and Lisa are extremely friendly, honest, trustworthy and kind neighbors. They both have been very helpful also in maintaining our properties as we are often out of town. We trust them to help us with our six acres maintaining our yard, patio, gutter, gate & paint projects and house-cleaning. In summary, we support their application. We have no issues with their business blossoming into a Bed and Breakfast. It is actually a good thing in our opinion. It's wonderful to know that good people like Riian and lisa exist and want to provide a home -like experience in our area for travelers to visit the attractions in East Hawaii. The excellent landscape of their property and their beautiful home should be enjoyed by others! Sincerely, 1 Kaleikini Family Trust -Parcel Number 160500170000 16-1453 Moho Road Hawaiian Acres, Hawaii 96760 Miyoko Kaleikini Joseph K. Kaleikini Jr. (Former Commander of the Korean War Veteran Association & Purple Heart Association, Purple Heart Recipent) '•}'?/ . .W-�� /�a—' � i(�G�i �, Y1 �,eC .�S�e; ; fit"'��— �Vo�+rv�r �v Tsuha Family Trust- Parcel Number 3160600180000000 16-1445 Moho Road Hawaiian Acres, Hawaii 96760 Dr Walter Tsuha (Former NASA/Caltech Excellence Award Recipent) Barbie Tsuha Ryan Tsuha Arlene Kawananakoa Vida -Price PO Box 300 Kurtistown, HI 96760 808-9668264 June 13, 2023 To Whom this may concern: I live on Moho Road in Hawaiian Acres and this past Friday we had our home tented for termites. I rented 2 rooms from Riaan Mattheus on Moho Road and it was not only convenient but it was such a pleasant experience for us. The rooms were immaculate and both rooms had decks with gorgeous views of the ocean on one side, and when the sun went down you could see the glow from Halemaumau from the other side of the house. The yard is a gorgeous tropical paradise and the property also has a secured front gate. I highly recommend Riaan for a BNB License. We would love to stay there again this home is perfect for a Bed and Breakfast. Mahalo, 7�44e�_ 17 /"mac � ��'f-rt��:r+:.�.d�� Arlene Kawananakoa Vida Price Planning Dept. Exhibit 9