HomeMy WebLinkAboutPD Background Report for Thomas & Lisa Tice (PL-SPP-2023-044) B Tice SPP 7 20 2023
COUNTY OF HAWAI`I PLANNING DEPARTMENT
BACKGROUND REPORT
THOMAS & LISA TICE
SPECIAL PERMIT APPLICATION (PL-SPP-2023-000044)
THOMAS AND LISA TICE are requesting a Special Permit to develop and operate a two
(2)room bed and breakfast establishment within an existing 4-bedroom dwelling situated on 0.28-
acre parcel situated within in the Agricultural- 5 acres (A-5a) zoning district. The subject property
is located at 87-3208 Ama Road, approximately 500 feet east(makai)of the intersection of Ka`ohe
Road and Hawaii Belt Road/Mamalahoa Highway, Captain Cook, South Kona District, Hawaii,
TMK: (3) 8-7-015:045
APPLICANTS' REOUEST
1. Request: Thomas and Lisa Tice (Applicant) are requesting a Special Permit to develop
and operate a two (2)bedroom Bed and breakfast establishment within an existing single-
family residence all within the Agricultural District. There are two (2) existing separate
buildings located on the subject parcel. The first dwelling (main) is a two-story house, and
the second structure is a garage with a guest room above the garage. The main dwelling
includes two (2)bedrooms which will remain for owner use only, while the third bedroom
(on the first floor) will be used for guests. The applicant currently resides on the subject
parcel within the existing single-family residence which includes a garage with a bedroom
located on the second floor. In front of the main house is the parking garage structure.
Above the parking garage is where the second rental bedroom is located and includes a full
bathroom and wet bar. The Applicant has stated that no more than four (4) guests will be
on site at any given time, renting out the two (2) bedrooms, with the owners/operators
residing on the second floor of the main home.
2. Objective: The Applicants enjoy Hawaii and want to share their home and provide
hospitality in a Bed and Breakfast setting while providing local information and education
to guests.
3. Staff: Two (2) owners will operate the Bed and Breakfast—no other staff is required.
4. Hours of Operation: The proposed house of operation are 24-hours per day, 7 days per
week(full-time operation).
5. Supportive Information: The applicant has submitted the attached in support of
the request: (Planning Department Exhibit 1 — Special Permit Application dated
February 15,2023).
6. Landowner: Thomas and Lisa Tice
STATE AND COUNTY PLANS
7. State Land Use (SLU) District: Agricultural District.
8. County Zoning: A-5a; Agricultural 5-acres.
9. General Plan (LUPAG) Map Designation: Extensive Agriculture (ea) which are lands
not classified as Important Agricultural Land. These include 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. Other less intensive agricultural uses
such as grazing, and pasture may be included in the Extensive Agriculture category.
10. Kona Community Development Plan (KCDP): The KCDP was adopted by Ordinance
No. 08-131, which became effective on September 25, 2008.
11. Special Management Area (SMA): The subject property is located within the Special
Management Area; however, it is 0.85 miles from the nearest coastline.
DESCRIPTION OF PROPERTY AND SURROUNDING AREAS
12. Project Site: The subject parcel is 0.28-acres in size and is rectangular in shape. The
property is located at—1000 feet above sea level and has easterly slope. The entire parcel
is fully developed with two (2) structures, driveway, and landscaping.
13. Surrounding Zoning/Land Uses: All adjacent parcels to the north, east, and west of the
subject property are similarly zoned A-5a and are wither developed with single-family
residential structures or are vacant and undeveloped.
14. Land Study Bureau Soil Rating: Soils within the project site are classified as "D" or
"Poor" for agricultural productivity.
15. ALISH: The property is classified as"Other Important Agricultural Land".
16. Flood Zone: The project site is located within Zone"X", an area determined by FEMA to
be outside the 500-year flood plain.
17. Flora/Faunal Resources: No formal floral studies have been conducted for the site. The
small site wis within an established residential community and the subject parcel has been
-2-
fully developed with two (2) structures, landscaping, and a driveway. There are no
anticipated floral or faunal resources located on the parcel.
18. Archaeological/Cultural/Historical Resources: No formal archeological or cultural
analysis was completed for the site; however, it is not anticipated to contain and resources
as it is a fully developed small residential lot. On the makai end of the subdivision, located
0.85-miles from the project site, is a small beach and a coastal trail used by the public and
the community. No impacts to that access will occur.
19. Public Access: There is no coastal or mountain access through this private property,
coastal access is at the shoreline, 0.85-miles from the project site.
20. Traffic: The subject site is located at 87-3208 Ama Road in the Kona Paradise
neighborhood.Ka`ohe Road intersects with HI-11/Kuakini Hwy. There is no through-street
access on Ama Road. While there is no school or work traffic in this area, to minimize
conflicts with school and commuter traffic, 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 (2). That should be comparable to families living in this area.
21. Parking: Guest will have their own reserved parking space located off-street on the subject
parcel. While the landowner will park in the covered garage, while the guests will park in
the driveway or a grass parking area. No on-street parking will be permitted.
PUBLIC SERVICES AND FACILITIES
22. Access: Access to the site is from Ama Road,from Ka`ohe Road which runs from Highway
11 to the shoreline. The applicants have one driveway entrance from Ama Road on to the
parcel.
23. Water: According to the Department of Water Supply (DWS), there is no water service to
the property. The Applicant has an existing 10,000-gallon water catchment tank for the
parcel. No additional water will be required for the proposed project.
24. Drainage: The application states that, according to the Flood Insurance Rate Map(FIRM),
the project site is designated Zone "Y', or areas of minimal flood hazard which was
confirmed by the Department of Public Works.
25. Wastewater: There is a Department of Health approved individual wastewater system
existing for use on the project site. No additional wastewater systems or improvements are
proposed.
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26. Other Essential Utilities and Services: Electricity is currently available through HELCO.
AGENCIES' COMMENTS
27. Department of Environmental Management (DEM): (Planning Department Exhibit
2—June 16,2023, Memo)
28. Department of Public Works: (Planning Department Exhibit 3 — July 12, 2023,
Memo)
29. State Department of Health: (Planning Department Exhibit 4—June 26,2023,Memo)
30. County Fire Department: (Planning Department Exhibit 5—June 19,2023,Memo)
31. Department of Water Supply (DWS): (Planning Department Exhibit 6 — June 22,
2023, Letter)
AGENCIES—NO COMMENTS/CONCERNS
32. Police Department; Office of Planning and Sustainable Development(OPSD).
AGENCIES—NO RESPONSE
33. Department of Land and Natural Resources (DLNR); HELCO; State Department of
Agriculture; State Land Use Commission (LUC).
PUBLIC COMMENTS
34. Rafael and Pricilla Chocron: (Planning Department Exhibit 7—June 26,2023, email)
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SPECIAL PERMIT APPLICATION
COUNTY OF HAWAVI
PLANNING COMMISSION
(I'vpc or legibly print the requested information)
AITLWANT(S):
APPLICANT'! ')[(-;NA'I'URI--': DATE:
ADDRESS.
Alf at
-
LIST :APPLICANT'S not owner):
PHONF: (Hus.)
REQUEST'.
VAX%I A P K E N 3AJ-_0 ZONING:
SIZE OFPROlIERTY /ARF.A OF REQUESTED IISI-::--
LANDO%VN E R(S):
FEE SIMPLE LANDOWNER(S) WRITTFN AUTI 10RIZATIONP/�,1� Seer f 1- 4 ea,
1-1 6.=Q DATE: OL
DATE:
Note: The above written matioriz.mion of the fandowner(s)gives petimssion f6i the:ipplicant1petitioncr to file the application/
petition and acknowledges that the landowner(s)and lhcir successor,;ore bound by the Special Pemiit and its conditions.
AGENT: I
AGENT ADDRESS:
PHONE: (Bus.) (Iles.)
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL.:
Planning Dept.
Exhibit
THIS SPECIAL PERMIT APPLICATION MUST BE ACCOMPANIED BY THE FOLLOWING:
1. A filing fee of Five Hundred Dollars ($500)to be paid via EPIC.
Filing fee will be submitted at the time of filing.
2. An Original (signed) copy of the completed application.
Please see the application attached.
3. A written narrative, including the following background information on the subject request:
A. Detailed written description of the proposed use, a statement of objectives and reasons
for the request, including proposed hours of operation and number of
employees/clientele.
Landowners, Thomas and Lisa Tice, would like to operate a Bed and Breakfast. Owners
are committed to providing guests with a clean and affordable stay and to provide the
best service possible and to spread Aloha and provide information and education about
the island. Guests have the opportunity to rent Bedrooms#3 and#4. The operation will
include 2 people, not employees, to assist owners. The proposed hours of operation are
24-hours daily/7-days a week.
B. Description of the subject property in sufficient detail to precisely locate the property.
Describe existing uses, structures, and topography. If a portion of the property is to be
used, state use of remainder of property.
Project Name: Kona Paradise
Location: 87-3208 Ama Road
Neighborhood Code: 8792-5
Parcel ID: 870150450000
Legal Info: Lot 16 12045 SF DES POR RP 7739 POR MAHELE AW 25
Property Class: Residential
Land Area (acres): 0.2765
Land Area (approx. sq. ft.): 12,045
The Owners reside at this two-story house. The main living area is located on the upper-
level of the home with two (2) bedrooms and two (2) full baths. Above the enclosed
garage is where Bedroom #4 is located, along with one (1) full bath. Owners propose to
rent Bedrooms#3 and#4 for this operation.
Special Permit Application— 1
Thomas and Lisa Tice
C. State/County Plans affecting the subject request: State Land Use Boundary designation,
General Plan designation,Special Management Area and Community Development Plans.
Not applicable. This is not a Special Management Area. It is a private residence. No
State/County plans affect this lot.
D. Surrounding zoning and land uses.
The lot was approved for single-family dwelling in a residential community called Kona
Paradise. There is a Homeowners Association. Applicants are unaware of other zoning
and land uses.
E. Flood Insurance Rate Map (FIRM) designation (contact Department of Public Works—
Engineering Division).
Please see Flood Hazard Assessment Report attached.
F. Archaeological and Historic Resources: Describe and show on the plot plan any known
historic and archaeological resources on the property. Examples include human skeletal
remains, structural remains, sand deposits, midden deposits, and lava tubes. The
application may be provided to the State Department of Land and Natural Resources
Historic Preservation Division (SHPD) for a determination of whether the project will
affect archaeological/historic resources. Please be aware that a hearing before the
Planning Commission may not be held until SHPD and the Planning Department
determines resources on the property are adequately identified, recorded, mitigated
and/or preserved.
No known historic and archaeological resources on the property. Please see Plot Map
and a copy of Applicants' letter to SHPD, attached hereto.
G. Valued Cultural Resources: Identify any traditional and customary native Hawaiian rights
that are exercised in the area, the extent in which the proposed development will affect
these rights; and feasible action to be taken to protect native Hawaiian rights if they exist.
Examples include areas of traditional collection of terrestrial resources(ki leaf, aho chord,
thatch, medicinal plants, and ferns) or marine or riparian resources (limu, 'opae, 'o'opu,
hihiwai) used for subsistence, cultural and religious purposes. Traditional and customary
rights may also include rights of access to the archaeological and historical resources of
the property.
Owners are unaware of any traditional and customary native Hawaiian Rights that are
being exercised in this area nor aware of any infringement that may affect the Native
Hawaiian rights on the proposed the residential property. This land was State/County-
approved for a residential dwelling and all plants and trees placed on the property were
put by past and present homeowners.
Special Permit Application— 2
Thomas and Lisa Tice
H. Floral and Faunal Resources.
Papaya, citrus trees, avocado trees. There are the usual ti leaves, Monstera, hibiscus,
plumeria, anthurium, and heliconia flowers. Pigs occasionally pass through the
neighboring properties.
I. Public Access: Existing public access to and along the shoreline or to mountain areas and
knowledge of whether public access is being used.
Not applicable. There is no existing public access on this property.
J. Description of access(es) to the area (e.g., width, type of surface and condition of
roadway). If a private roadway, submit evidence of legal access rights.
Owners' driveway begins from the bottom of Ama Street. The width of the driveway is
approximately 15 feet wide, and begins from the bottom of Ama Street. It is made of
concrete, in excellent condition, and constructed in 2020.
K. Traffic impacts—assessment of existing traffic conditions, anticipated increase in traffic
and traffic impacts from proposed use (a formal study may be requested by Department
of Public Words or Department of Transportation during the review process).
There will be no traffic due to this operation. Traffic will not be impacted as Ama Road is
a dead-end road and traveled by residents, and their invited guests, living on this road.
L. Availability of Utilities: Water, telephone, electricity, sewage disposal criteria:
Guests will be using the existing utilities in the residential home. No additional utilities or
sewage disposal is needed.
4. A written narrative including the following:
A. A statement of the reasons for the granting of this Special Permit citing how the proposed
use would promote the effectiveness and objectives of Chapter 205, HRS (which, for the
Agricultural and Rural Districts, seeks to preserve or keep lands of high agricultural
potential in agricultural use), and why the proposal is an unusual and reasonable use of
the land. The following criteria shall also be addressed:
This Bed and Breakfast operation would use the existing premises of a residential home, as the
space was originally approved and intended. It is not located in a coastal zone area. It does not
affect open space resources, coastal view planes and coastal ecosystems, nor does it affect
Special Permit Application— 3
Thomas and Lisa Tice
existing public access. The granting of this Special Permit, therefore, would not affect the
effectiveness and objectives of Chapter 205, HRS, as Amended. This agricultural-zoned land will
continue to be preserved and used for agricultural use. Guests will be using the existing house
only.
1. Discussion of how the desired use shall not adversely affect the surrounding
properties.
There is sufficient distance between the properties near the proposed Bed and Breakfast
operation that it will not disturb the neighboring homes. The view is limited to view the guest
bedrooms.
2. Discussion of how such use shall not unreasonably burden public agencies to
provide roads and streets, sewers, water, drainage, school improvements, and
police and fire protection.
Operation of this Bed and Breakfast will not change, alter, affect, or place unreasonable burden
to affect public agencies to provide roads,streets,sewers,water, drainage, school improvements,
and police and fire protection.
3. Discussion of unusual conditions,trends, and needs have arisen since the district
boundaries and regulations were established.
This proposed business will use the existing district boundaries and regulations. No unusual
conditions, trends, or needs have arisen.
4. Discussion of how the land upon which the proposed use is sought is unsuited for
the uses permitted within the district.
The land upon which the proposed Bed and Breakfast is sought is suited for the uses permitted
within the district, as it is in a home which was already designed for people to live in.
5. Discussion of how the proposed use will not substantially alter or change the
essential character of the land and the present use.
The proposed Bed and Breakfast operation will not alter or change the essential character of the
land and the present use. The home was built to accommodate the number of guests proposed
to occupy the home. No additional work or construction is required for this operation.
6. Discussion of how the proposed use will not be contrary to the goals, policies and
standards of the General Plan and other applicable documents such as
community development plans and design plans. (Note: The General Plan and
Special Permit Application— 4
Thomas and Lisa Tice
Community Development Plans are available at the Planning Department website
at https://www.planning.hawaiicounty.gov).
The proposed use is a short-term guests'stay, in an existing residential dwelling and plan, and will
not be contrary to the goals, policies and standards of the community development plans and
design plans.
5. A scale-drawn plot plan of the property showing property lines and measurements, all existing
and proposed structures with elevations, uses and improvements, and reference points such as
roadways, shoreline, etc.
Please see attached.
6. A list of the names,addresses,and tax map keys of all owners and lessees of record of surrounding
properties who are required to receive notice.
Please see attached.
7. Any other plans or additional information relevant to this application may be required by the
Planning Director to facilitate processing of this request.
Not applicable at this time.
Special Permit Application— 5
Thomas and Lisa Tice
Introduction:
Thomas and Lisa Tice (Applicants) have an existing four-bedroom single-family dwelling on a 0.2765 acre
lot at 87-3208 Ama Road, Captain Cook, and would like to establish a bed and breakfast(B&B).
Background and Protect Concept:
Applicants enjoy everything about Hawaii and want to share their home and provide hospitality in a B&B
setting. The operation and income of this project will help with the maintenance and improvements of
the dwelling and landscape. It will also provide social interaction along with mental and physical fitness
during Applicants' retirement years.
Applicants will interact with guests and offer breakfast meals only. While guests relax in the common
areas, they will be able to see interesting plants and trees and be able to ask questions. Fresh fruit from
the property will be offered. Applicants will educate guests about the culture,traditions, and how to care
for the land and natural resources,what some of the environmental challenges living of living on an island,
and teach visitors how to be respectful to the residents. Guests will be given coffee and farm tour
information and any other helpful suggestions to find food and products from local businesses. Applicant
has served 12 years in the United States Coast Guard, in search and rescue, some of those years in
Hawaiian waters, and is willing to give information about the beaches, surfing tips and most importantly,
water-safety. Applicants will be available to "talk story" with guests.
Applicants intend to be ambassadors for the Island and State and will promote goodwill and spread Aloha
with visiting guests.
Protect Time Table and Cost:
All improvements are completed. No project costs are anticipated. Additional growing of plants and fruits
and vegetation maintenance is ongoing to keep the landscape full and lush and interesting to guests.
Applicants are ready and willing to begin the Bed and Breakfast project after issuance of a Special Permit.
General Dwelling Layout:
There are two separate buildings on the property. The first dwelling is a two-story house and is considered
the"main house." The second dwelling is a covered parking garage with a guest house above the garage.
Please see the attached plans and photos of the property.
First Building-Main House/Upper Level: The upper level of the "main house" has Bedrooms #1 and #2,
along with two full-baths, a full kitchen, and upper deck. This is the personal living area for Applicants.
Bedrooms#1 and#2 are not for rent
Main House/Ground Level: Bedroom #3 is located here with a full-bath (shower stall), along with a
ground-level deck and patio furniture area. Bedroom #3 is for rent.
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Special Permit for Bed & Breakfast
Thomas and Lisa Tice
Additional Responses
Second Building-Garage/Bedroom #4:
In front of the main house,closest to Ama Road, is the parking garage structure. Above the parking garage
is where Bedroom #3 is located. There is a full bath and wet bar in this suite. There is a deck as well.
Bedroom #3 is a guest bedroom for rent.
There will not be more than 4 total guests for these two bedrooms.
Landscape:
All walkways, common areas, and stairs are concrete. As previously submitted, there are papaya trees,
Rollinia, avocado trees, citrus trees, ti leaves, Monstera plans, hibiscus, plumeria, anthurium, and
heliconia flowers on the property. The Site Plan(Figure 2) references the plants/greenery and landscaping
areas of the property.
Adjacent Properties:
Both North and South adjacent properties will not be disturbed by the rooms for rent.
Bedroom #3 (of main house): Photos show the bottom of(North) Neighbor's stairwell on their property.
There is a passing glimpse when neighbors may be in view with Bedroom #3 guests while going up the
stairwell.
Bedroom #4 (above garage): (South) Neighbor's property is not in view of Guest Bedroom #4. The
garage/suite is located below grade of (South) Neighbor's property and would not be in the Neighbor's
view of their deck. Plants, trees, and floral bushes continue to be planted in various stages of growth for
two reasons: firstly, to allow screening/privacy for neighbors and guests; and secondly, to preserve the
natural and rural beauty of the area.
Bedrooms #3 and #4 are located below-grade level from both neighbors on either side.
Applicant/Residents have good relationships with both neighbors, and they are aware of the proposed
B&B.
Parking:
As shown in the photos and plans,guests have reserved parking spaces. The Applicant/Residents will park
in the covered parking garage. Guest Parking #1's reserved space is just outside of the covered garage.
Upon entering Applicants' property from Ama Road, about one-half way up, directly on the lefthand side
of the concrete driveway, is a flat grassy area where Guest Parking#2 is reserved. There is ample room
up the driveway for another car should there be a day-visitor. There will not be any on-street parking.
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Special Permit for Bed & Breakfast
Thomas and Lisa Tice
Additional Responses
Traffic:
The subject site is located at 87-3208 Ama Road in the Kona Paradise neighborhood. Kaohe Road
intersects with HI-11/Kuakini Hwy. In 174 feet, bear left onto Ama Road. There is no through-street
access on Ama Road. While there is no school or work traffic in this area,to minimize conflicts with school
and commuter traffic, 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(2). 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.
State Land Use Boundary:
The State Land Use Boundary designation of the subject property is Agricultural. Thus, a Special Permit is
requested to authorize the requested use.
Hawaii County General Plan (2005):
The General Plan Land Use Pattern Allocation Guide (LUPAG) for the County of Hawaii map establishes
the basic urban and non-urban form for areas within the County. The General Plan LUPAG Map
designation for the project site is largely "Extensive Agriculture." The Extensive Agriculture designation
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 till-ability, and climate. Other less intensive agricultural uses such as grazing
and pasture may be included in the Extensive Agriculture category. While this bed and breakfast
operation is not agricultural in nature, the use has been in the neighborhood and permitted via Special
Permit. The proposed B&B use of this site will not result in the reduction of any currently cultivated land
with its predominantly residential use. Approval of this request would not be contrary to the General Plan
or the Zoning Code.
Section 25-4-7 of the Hawaii County Code:
This maximum 2-bedroom B&B will operate and be consistent with the requirements for B&Bs as outlined
in the County Zoning Code:
- 2 rentable guest rooms for the lot size of .2765 acres.
- Rooms will be in a single-family dwelling.
- Up to 4 guests can be housed at any time.
- Guests may stay 30 days or less.
- Applicant is expected to live in the B&B dwelling(or in the absence of Applicant, a live-in operator
living within the dwelling).
- Off-street parking must be provided.
- Only breakfast meals may be served.
- Any and all signage will comply with the requirements of Chapter 3 of the Code, relating to signs.
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Special Permit for Bed & Breakfast
Thomas and Lisa Tice
Additional Responses
Kona Community Development Plan (KCDP):
The proposed project will be consistent with its principles.
First Page of Application:
The size of the property/area of requested use was written in error. The correct response is:
Size of the property: 12,045 sq. feet (0.2765 acres)
Area of requested use: 12,045 sq. feet. (0.2765 acres)
Also written in error: Please indicate to whom original correspondence and copies should be sent.
Correct response is:
ORIGINAL: Applicant/Thomas Tice; 87-3208 Ama Road, Captain Cook, HI 96704
COPIES: Applicant/Thomas Tice; 3523 N.W. 241h Circle, Camas, WA 98607
Or by Email to: ttice@smi-surveys.com
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Special Permit for Bed & Breakfast
Thomas and Lisa Tice
Additional Responses
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Mitchell D.Roth
Director
Mayor
Brenda Iokepa-Moses
Lee Lord Deputy Director
Managing Director
County of Hawaii
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
345 Kekuanao`a Street,Suite 41 • Hilo,Hawaii 96720'cohdem@hawaiicounty.gov
Ph: (808)961-8083 •Fax: (808)961-8086
MEMORANDUM
TO: Zendo Kern, Director
Planning Department
FROM: Ramzi I. Mansour, Lirector ,� ( '-1
Department of Management
DATE: June 16, 2023
SUBJECT: Special Permit Application(PL-SPP-2023-000044)
Applicant: Thomas Tice
Request: To Allow a New Two (2) Bed and Breakfast Establishment
Within an Existing Farm Dwelling
Tax Map Key: (3) 8-7-015:045, South 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 may not use transfer stations for disposal.
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 Dep .
Exhibit— 2
County of Hawai'i is an Equal Opportunity Provider and Employer
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
H I LO, HAWAI I
DATE: July 12, 2023
Iffeft4 WW64zW
TO: Zendo Kern, Planning Director
FROM: Department of Public Works, Engineering Division
SUBJECT: Special Permit Application (PL-SPP-2023-000044)
Applicant: Thomas Tice
Request: To Allow a New Two (2) Bed and Breakfast Establishment
Within an Existing Farm Dwelling
Tax Map Key: (3) 8-7-015.045
We have reviewed the subject request forwarded by your memo dated June 14, 2023 and
provide the following:
1. 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.
2. All activities shall comply with the requirements of Hawaii County Code, Chapter 10,
Erosion and Sedimentary Control.
3. We have no other comments since the request is accessing Ama Road, an existing
privately owned road and there are no open violations associated with this property.
Questions may be referred to Robyn Matsumoto at 961-8924.
Planninc- D�Pf.
Exhibit_ 3_�
County of Hawaii is an Equal Opportunity provider and Employer
JOSH GREEN, M.D. ��o H4 KENNETH S. FINK, M.D,MGA, MPH
GOVERNOR OF HAWAII �P 9s� 9'> DIRECTOR OF HEALTH
KE KIA'AINA O KA MOKU'AINA O HAWAI'I ��y KA LUNA HO'OKELE
Q................%'.o�'
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 916
HILO, HAWAII 96721-0916
MEMORANDUM
DATE: June 26, 2023
TO: Mr. Zendo Kern
Planning Director, County of Hawaii
FROM: Eric Honda
District Environmental Health Program Chief
SUBJECT: Special Permit Application (PL-SPP-2023-000044)
Applicant: Thomas Tice
Request: To Allow a New Two (2) Bed and Breakfast Establishment
Within an Existing Farm Dwelling
TMK: 8-7-015:045, South 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: https: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 4
Zendo Kern
June 26, 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://health.hawaii.gov/epo/landuse/
Clean Water Branch
1. All project activities shall comply with the HAR, Chapters 11-53, 11-54, and 11-55.
1. The following Clean Water Branch website contains
information for agencies and/or project owners who are
seeking comments regarding environmental compliance for
their projects with HAR, Chapters 11-53, 11-54, and 11-55:
hLtps://health.hawaii.gov/cwb/clean-water-branch-home-
page/cwb- standard-comments/.
Hazard Evaluation & Emergency Response Office
1. A Phase I Environmental Site Assessment(ESA) and Phase II Site Investigation
should be conducted for projects wherever current or former activities on site may
have resulted in releases of hazardous substances, including oil or chemicals.
Areas of concern include current and former industrial areas,harbors, airports,
and formerly and currently zoned agricultural lands used for growing sugar,
pineapple or other agricultural products.
2. Standard comments for the Hazard Evaluation& Emergency Response Office
are at: hM2s://health.hawaii.gov/epoAanduse/.
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
hqps:Hhealth.hawaii.gov/irhb/asbestos/.
Safe Drinking Water Branch
1. Agencies and/or project owners are responsible for ensuring environmental
compliance for their projects in the areas of 1) Public Water Systems; 2)
Underground Injection Control; and 3) Groundwater and Source Water Protection
in accordance with HAR Chapters 11-19, 11-20, 11-21, 11-23, 11-23A, and 11-
Zendo Kern
June 26, 2023
Page 3 of 4
25. They may be responsible for fulfilling additional requirements related to the
Safe Drinking Water program: hgps://health.hawaii.gov/sdwb/.
2. Standard comments for the Safe Drinking Water Branch can be
found at: hgps://health.hawaii.gov/epo/landuse/.
Solid &Hazardous Waste Branch
1. Hazardous Waste Program - The state regulations for hazardous waste and used
oil are in HAR Chapters 11-260.1 to 11-279.1. These rules apply to the
identification, handling, transportation, storage, and disposal of regulated
hazardous waste and used oil.
2. Solid Waste Programs - The laws and regulations are contained in HRS Chapters
339D, 342G, 342H, and 342I, and HAR Chapters 11-58.1 and 11-282.
Generators and handlers of solid waste shall ensure proper recycling or disposal
at DOH-permitted solid waste management facilities. If possible,waste
prevention, reuse, and recycling are preferred options over disposal. The Office
of Solid Waste Management also oversees the electronic device recycling and
recovery law, the glass advanced disposal fee program, and the deposit beverage
container program.
3. Underground Storage Tank Program—The state regulations for underground
storage tanks are in HAR Chapter 11-280.1. These rules apply to the design,
operation, closure, and release response requirements for underground storage
tank systems, including unknown underground tanks identified during
construction.
4. Standard comments for the Solid& Hazardous Waste Branch can be
found at: hllps://health.hawaii.gov/epo/landus
Wastewater Branch
For comments,please email the Wastewater Branch at.doh.wwb(2doh.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. "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).
3. "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
Zendo Kern
June 26, 2023
Page 4 of 4
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.
4. 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.
5. 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.
6. 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.
7. If you have any questions regarding this guideline,please feel free to call our office 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.
HAWAII FIRE DEPARTMENT . COUNTY OF HAWAII .
HILO, HAWAII 96720
DATE June 19, 2023
Memorandum
TO ALEX ROY, COUNTY OF HAWAII, PLANNING DEPT.
FROM CAPTAIN CLINTON BAYBAYAN, FIRE PREVENTION BRANCH
SUBJECT: THOMAS TICE, BED AND BREAKFAST, (PL-SPP-2023-00044)
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.BUb an hawaiicounty.gov or call
808-323-476I.
Respectfully Submitted,
��� %5�_
Clinton Baybayan
Fire Prevention Captain
Fire Prevention Branch
Hawaii Fire Department Planning Dept.
Exhibit _5
COH PLANNING DEFT
pF.WATEEs JUN 27 2023 Am8: 9
If� 49
DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAVI
_
�t'HAWN��r� 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAI'I 96720
TELEPHONE (808) 961-8050 • FAX (808) 961-8657
June 22, 2023
TO: Mr. Zendo Kern, Director
Planning Department
FROM: Keith K. Okamoto, Manager-Chief Engineer
SUBJECT: Special Permit Application (PL-SPP-2023-000044)
Applicant—Thomas Tice
Request: To Allow a New Two (2) Bed and Breakfast Establishment
Within an Existing Farm Dwelling
Tax Map Key 8-7-015:045
We have reviewed the subject application and have the following comments.
The subject parcel does not have an existing water service with the Department, as the parcel is not
within the service limits of the Department's existing water system.
Therefore, the Department has no objections to the proposed application, subject to the applicant
understanding and accepting that the Department cannot provide service.
Should there be any questions, please contact Mr. Troy Samura of our Water Resources and
Planning Branch at (808) 961-8070, extension 255.
Sincerely yours,
-r_ P6�:�s (—
Keith K. Okamoto, P.E.
Manager-Chief Engineer
TS:dfg
copy — Mr. Thomas Tice Planning Dept.
Exhibit 6
. . . Water, Our 9Uost ftecious resource . . . Ka Wai,4 pane . . .
The Department of Water Supply is an Equal Opportunity provider and employer.
Araujo, Jaclyn
From: Rafael Chocron <rccolal705@verizon.net>
Sent: Monday, June 26, 2023 7:10 AM
To: Planning Internet Mail
Subject: PL-SPP-2023-000044 Tax Map Key: (3) 8-7-015:045
Good Day.
Recently we received a notice for Application for Special Permit for a Bed and Breakfast at 87-3208 AMA Road, Captain
Cook, HI. from owners Thomas and Lisa Tice.
We have NO objection and wish them the best of luck in their endeavor.
Respectfully,
Rafael and Priscilla Chocron
Land Owners in proximity to location in question.
Sent from the all new AOL app for iOS
Planning Dept.
Exhibit __. 7