Loading...
HomeMy WebLinkAboutPD Background Report for LeeAnne & Evan Loney (PL-SPP-2023-045) BLoneySPRem.8-7-23 COUNTY OF HAWAI`I PLANNING DEPARTMENT BACKGROUND REPORT LEEANNE AND EVAN LONEY SPECIAL PERMIT APPLICATION (PL-SPP-2023-000045) LEEANNE AND EVAN LONEY are requesting a Special Permit to allow the establishment of a 3-bedroom bed and breakfast operation within an existing dwelling on approximately 1.041 acres of land situated in the State Land Use Agricultural District. The subject property is located at 75- 800B Hiona Street, approximately 1.0 mile southwest(makai) of its intersection with Mamalahoa Highway, H61ualoa, North Kona, Hawaii, TMK: (3) 7-5-024:050. APPLICANT'S REQUEST 1. Request: The applicant is requesting a Special Permit to establish a 3-bedroom bed and breakfast operation within an existing single-family dwelling on the subject property. The dwelling has 4 bedrooms of which 3 will be used by guests of the bed and breakfast, and one will be used by the applicant who will also be the onsite caretaker. The bed and breakfast will provide overnight accommodation for a maximum of 6 guests for less than 30 days. Breakfast will be provided to registered guests only and no other meals will be provided. No exterior signage for the bed and breakfast establishment is being proposed. 2. Reason for Request: The applicant currently operates a hosted rental to supplement their income and offset some of the cost to maintain and improve upon the site's extensive ornamental landscape. However, in anticipation of the proposed new regulations for hosted rentals, the applicant decided to apply for a Special Permit to establish a permanent bed and breakfast operation. 3. Staffing/Employees: The bed and breakfast establishment will be operated by the applicant and in their absence a live-in operator. 4. Hours of Operation: Guest check-in and departure time for overnight accommodations will be during non-peak hours of the day to alleviate traffic. 5. Timetable and Cost: If the bed and breakfast establishment is approved, the applicant intends to begin operations immediately and does not feel improvements to the existing dwelling will be necessary. -1- 6. Definition of"Bed and Breakfast Establishment": According to Section 25-1-5 of the Zoning Code, a "bed and breakfast establishment" means any single-family dwellings and/or guest houses (pursuant to section 25-4-9), which have been permitted on a building site, in which overnight accommodations and only breakfast meals are provided to a maximum of ten guests, for compensation, for periods of less than thirty days. 7. Landowner: LeeAnne and Evan Loney. 8. Supportive Information: The applicant has submitted the attached in support of their request. (Planning Department Exhibit 1 —Special Permit Application dated May 25, 2023) DESCRIPTION OF STATE AND COUNTY PLANS 9. State Land Use District: Agricultural. 10. General Plan Land Use Pattern Allocation (LUPAG) Map: Important Agricultural Land (ial) and Urban Expansion (ue). The ial designation refers to land that has better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. The ue designation allows for a mix of high-density, medium-density, and low-density use, as well as industrial, industrial-commercial, and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. 11. County Zoning: Agricultural-1 acre (A-la). 12. Kona Community Development Plan (KCDP): The KCDP, originally adopted by the Hawaii County Council on September 25,2008,and most recently amended on September 18, 2019, identifies the preferred land use pattern for the Kona districts. The subject property is divided by the Kona Urban Area boundary line, with most of it located outside of the area. Additionally, the property is not situated within any Rural Town Centers. 13. Special Management Area (SMA): The property is not within the County's Special Management Area and is located approximately 2 miles from the nearest shoreline. 14. Coastal Zone Management: The entire State of Hawaii lies within the Coastal Zone Management area. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 15. Subject Property: The subject property is improved with a 2-story single-family dwelling constructed in 1989 under Building Permit No. 895399_LTS, and a swimming pool -2- constructed in 1989 under Building Permit No. 895869_LTS. The dwelling is situated towards the back center(east)of the property,while the swimming pool is situated towards the front center (west) of the property. The remainder of the property is covered with vegetation. 16. Surrounding Zoning/Land Uses: The properties immediately to the north, south, and west of the subject property are similarly zoned Agricultural-1 acre (A-la) and used for residential purposes. The property to the east is zoned Agricultural-5 acres (A-5a) and is mostly undeveloped. 17. U.S.D.A. Soil Type: Soils on the subject property are classified Kainaliu cobbly silty clay loam, with a 20 to 40 percent slope. 18. Land Study Bureau's Detailed Land Classification System: Soils within the project site are classified as"E" or"Very Poor" for agricultural productivity. 19. Agricultural Lands of Importance to the State of Hawai'i(ALISH): Unclassified. 20. Flood Insurance Rate Map(FIRM): The property is classified as Flood Zone"X,"(Area of Minimal Flood Hazard) according to the FEMA Flood Insurance Rate Mapping system. 21. Flora/Fauna Resources: No formal flora/fauna study was submitted with the application. A portion of the subject property was cleared in 1989 for the construction of an existing single-family dwelling and a swimming pool. According to the applicant, the site's vegetation consists of monstera, heliconia, bird of paradise, plumeria, anthurium, philodendron, Hawaiian hibiscus, Hawaiian ti, ginger, fern, and Tahitian gardenia. There are also various fruit bearing plants such as coffee, papaya, banana, lemon, lime, lilikoi, pineapple, and orange. There are no known endangered species of plants or animals on the subject property. 22. Archaeological/Cultural/Historical Resources: No archaeological and cultural study was conducted of the property as the subject property has been previously impacted by ground-disturbing activities associated with residential development. The subject site is not adjacent and/or proximate to the shoreline, therefore gathering of marine life and coastal access for Native Hawaiian gathering and fishing rights is not an issue. The applicant states that they have not observed the property or adjoining properties being used by Native Hawaiians for the gathering of plants in recent times. No further ground disturbance is being proposed. -3- 23. Public Access: There is no public access to the mountains or the shoreline that runs through the property. PUBLIC UTILITIES AND SERVICES 24. Access/Parking/Traffic: Access to the subject property is off Hiona Street, which is a County owned and maintained road with a 40-foot-wide pavement within a 60-foot-wide right-of-way, then off of Ihona Place which is a roadway owned by various owners. According to the Hawaii County Zoning Code Section 25-4-5 1(a)(2), a bed and breakfast establishment must provide one parking stall for each guest bedroom and one stall for the dwelling. The property can accommodate a minimum of 4 off-street parking stalls that will be available to guests. According to the applicant, traffic impacts to the subject property are not anticipated to be significant, given the small scale of the proposed 3-bedroom bed and breakfast. 25. Water: The Department of Water Supply (DWS) is currently servicing the existing single-family dwelling on the subject property. 26. Fire Prevention: According to the Fire Department, Fire Department access and water supply shall comply with Chapter 18 of the 2018 Hawaii State Fire Code and Chapter 17 of the Hawai`i County Code. 27. Wastewater: There is no public sewer available in the area. According to the applicant, the single-family dwelling is currently being serviced by 2 existing cesspools that have been previously approved by the State Department of Health. 28. Solid Waste: The property owner utilizes a private waste disposal service for their solid waste. 29. Food Service Operations: By definition, bed and breakfast establishments may only provide breakfast meals to guests. The Department of Health (DOH) has responded that a food establishment permit will be required if meals are to include "potentially hazardous food." If the bed and breakfast will only offer commercial cereal, pastries, breads, fruits, coffee, tea, and 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. -4- 30. Essential Utilities and Services: Electrical and telephone services are available to the subject property. The nearest fire and police station is located in Kailua-Kona which is approximately 2.5 miles of the subject property. AGENCY COMMENTS 31. State Department of Health (Planning Department Exhibit 2—June 26,2023 Memo). 32. Real Property Tax Office (Planning Department Exhibit 3 —June 14, 2023 Memo). 33. Department of Environmental Management (Planning Department Exhibit 4 —June 16,2023 Memo). 34. Department of Public Works — Engineering Division (Planning Department Exhibit 5—July 12,2023 Memo). 35. Department of Water Supply (Planning Department Exhibit 6 — June 22, 2023 Memo). 36. Fire Department(Planning Department Exhibit 7 -June 14, 2023 Memo). AGENCIES—NO COMMENTS/NO CONCERNS 37. Police Department, and Office of Planning and Sustainable Development. AGENCIES—NO RESPONSE 38. State Land Use Commission, Department of Land and Natural Resources, State Department of Agriculture. PUBLIC COMMENTS/TESTIMONIES 39. Letter received June 30, 2023 from Lorna and Geoff Hand (Planning Department Exhibit 8). 40. Letter received July 3, 2023 from Robert and Marikay Bart (Planning Department Exhibit 9). 41. Letter received July 7,2023 from Kal Yackley (Planning Department Exhibit 10). 42. Email received July 9,2023 from Sean Allen (Planning Department Exhibit 11). 43. Email received July 10, 2023 from Gary and Tammy Fowler (Planning Department Exhibit 12). 44. Letter received July 10,2023 from Scott Mercer (Planning Department Exhibit 13). 45. Letter received July 11, 2023 from Clare Livingston Bromley III (Planning Department Exhibit 14). -5- 46. Letter received July 11, 2023 from Robert and Marikay Bart (Planning Department Exhibit 15). 47. Email received July 25, 2023 from Rose Oliver (Planning Department Exhibit 16). 48. Email received July 27,2023 from Susanne Weikl (Planning Department Exhibit 17). 49. Email received July 31, 2023 from Betty Jones and William Hubbard (Planning Department Exhibit 18). 50. Letter received August 4, 2023 from Rebecca Hamar (Planning Department Exhibit 19). 51. Email received August 7, 2023 from Emily Cole and Kevin MacPherson (Planning Department Exhibit 20). 52. Letter received August 8, 2023 from Don Slocum (Planning Department Exhibit 21). -6- SPECIAL PERMIT APPLICATION COUNTY OF HAWAI`I PLANNING COMMISSION (Type or legibly print the requested information) APPLICANT(S): Evan and LeeAnne Loney APPLICANT'S SIGNATURE: (� � DATE: May 25, 2023 ADDRESS: 75-800 Hiona Street #B, Holualoa, HI 96725 LIST APPLICANT'S INTEREST (if not owner): PHONE: (Bus.) (808) 224-4211 (Res.) (Email) leeanne808@gmail.com REQUEST: Special use permit for Bed and Breakfast TAX MAP KEY: (3) 7-5-024-050 ZONING: A-1 A SIZE OF PROPERTY/AREA OF REQUESTED USE: 1 .041 1 .041 LANDOWNER(S): LeeAnne and Evan Loney; Sita Lee FEE SIMPLE LANDOWNER(S) WRITTEN AUTHORIZATION (may be provided by letter with the below statement included): DATE: I, Sita Lee, authorize LeeAnne and Evan Loney to apply for a special >� permit for Bed and Breakfast at our property. DATE: May 25, 2023 Note: The above written authorization of the landowner(s)gives permission for the applicant/petitioner to file the application/ petition and acknowledges that the landowner(s)and their successors are bound by the Special Permit and its conditions. AGENT: AGENT ADDRESS: PHONE: (Bus.) (Res.) (Email) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: LeeAnne and Evan Loney COPIES: Planning Dept. Exhibit I THIS SPECIAL PERMIT APPLICATION MUST BE ACCOMPANIED BY THE FOLLOWING: 1. A filing fee of five hundred dollars ($500) to be paid via EPIC. 2. An Original (signed) copy of the completed application. 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. B. Description of the subject property in sufficient detail to precisely locate the property. Describe existing uses, structures, and topography. If portion of property to be used, state use of remainder of property. C. State/County Plans affecting the subject request: State Land Use Boundary designation, General Plan designation,Zoning, Special Management Area and Community Development Plans. D. Surrounding zoning and land uses. E. Flood Insurance Rate Map(FIRM) designation (contact Department of Public Works - Engineering Division). 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. 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. H. Floral and Faunal Resources. L Public Access: Existing public access to and along the shoreline or to mountain areas and knowledge of whether public access is being used. 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. 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 Works or State Department of Transportation during the review process). L. Availability of utilities: Water, telephone, electricity, solid waste and sewage disposal. 4. A written narrative including the following: A. A statement of the reasons for the granting of the 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: 1. Discussion of how the desired use shall not adversely affect the surrounding properties. 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. 3. Discussion of unusual conditions, trends, and needs have arisen since the district boundaries and regulations were established. 4. Discussion of how the land upon which the proposed use is sought is unsuited for the uses permitted within the district. 5. Discussion of how the proposed use will not substantially alter or change the essential character of the land and the present use. 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 Community Development Plans are available on the Planning Department website at https://www.planning.hawaiicounly.gov). 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. 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. 7. Any other plans or additional information relevant to this application may be requested by the Planning Director to facilitate processing of this request. Rev. 121812022 SPECIAL PERMIT APPLICATION PROPOSED 3-ROOM BED AND BREAKFAST LEE ANNE AND EVAN LONEY Lot 18, KEOPU HEIGHTS SUBDIVISION 75-800B HIONA STREET, HOLUALOA, HAWAI-I TAX MAP KEY: (3) 7-5-024-050 I. INTRODUCTION LeeAnne and Evan Loney ("Applicants") would like to establish a 3-room bed and breakfast ("B&B") facility within their existing single-family dwelling on a 1.041 acre property ("subject site.") The property is located at the bottom end of Hiona Street, approximately a mile makai of Mamalahoa Highway. As the site is designated Agriculture by the State Land Use Commission, a Special Permit is required to allow the requested use. This report is intended to support the request. II. PROJECT LOCATION The subject property is located in the Keopu Heights subdivision; approximately one mile makai of Mamalahoa Highway (180) in Holualoa. While the mailbox address is on Hiona Street, the site is physically located on a cul de sac road called Ihona Place directly off of Hiona Street. III. PROJECT DESCRIPTION A. Project Backaround and Concept The Applicants purchased the 4,183 square foot dwelling on the subject property in October of 2015. The house was built in 1989. The Applicants have enjoyed operating a 3-bedroom "hosted" Transient Accommodation Rental ("TAR") to supplement their income and offset some of the cost to maintain and improve upon the site's extensive ornamental landscaping. However, the Applicants want to have more opportunity to interact with and enjoy the company of guests in a B&B setting, which a standard TAR does not fully provide. While a "hosted" TAR provides that opportunity, the interaction is somewhat limited, largely because of the expectation of guests. Those guests staying in a B&B setting assume and/or expect 1 interaction with other guests and the host/owner. On the other hand, TAR guests come as a group and thus their interaction with the host is less. As such, the Applicants would like to operate a maximum 3-bedroom B&B, while continuing to live in the same home. This would enable them to specifically target guests who enjoy the B&B experience. While the subject site is not dedicated for agricultural use for real property tax purpose, the landscape is dominated by a variety of commonly found tropical plants. These plants have and will continue to serve as an educational amenity to guests. The maximum 3-room B&B would also operate and be consistent with the criteria for B&Bs as outlined in the County Zoning Code. Specifically, these would be: 1. The operators will reside on the same building site. The Applicants will be the operator and, in their absence, have a live in operator living within the dwelling. 2. The rooms are within a single-family dwelling; 3. The total number of rentable guest rooms would not exceed five (5). There will be a maximum of three (3) rentable rooms; 4. The maximum number of guests at any one time would be capped at six (6), which would be considerably less than the maximum allowable of ten (10); 5. Only breakfast meals would be offered to the guests; 6. There are a minimum of three (3) parking stalls available for guests in a designated parking area off the side of the driveway. 7. Any and all signage will comply with the requirements of Chapter 3 relating to signs. B. Nature of Reauest Given the above, a Special Permit would be required for the proposed maximum 3-room B&B. 2 C. Project Timetable and Cost As the house exists and no building improvements are needed, the Applicants hope to begin implementing the B&B project immediately upon issuance of the Special Permit. At this time, the Applicants do not see any construction cost associated with the operation of the B&B. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The State Land Use designation of the subject property is Agricultural. As such, a Special Permit from the County Leeward Planning Commission is required to authorize the requested use. B. County General Plan The County General Plan Land Use Pattern Allocation Guide ("LUPAG") map was not designed to be specifically measurable and instead be a broad-brush description of desired land use patterns. However, with the advent of technology, the map was formatted into measurable patterns. The County General Plan Land Use Pattern Allocation Guide ("LUPAG") map designates the site on the GIS designated map as ImportantAgriculture. That designation refers to land that have "better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors." However, immediately makai, the area is designated Urban Expansion. Such a designation allows for a mix of high density, medium, and low density uses, as well as "industrial, industrial-commercial and/or open designations in areas where new settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined." Whether Important Agriculture or Urban Expansion, because the proposed B&B use of this site will not result in the reduction of any currently cultivated land with its predominantly residential use, the requested Special Permit would not be inconsistent with either of those General Plan LUPAG designations, and no amendments would be required. 3 C. Kona Community Development Plan ("CDP") Relative to the Kona CDP, Section 15.1 of the County General Plan called for the development and eventual County Council adoption of Community Development Plans. The General Plan states that the CDP "will translate the broad General Plan statements to specific actions as they apply to specific geographical areas." The General Plan also notes that should the CDP require a General Plan amendment, it could be considered concurrent with the adoption of the CDP. However, "If there is a direct conflict between the Community Development Plan and the General Plan, the General Plan shall be controlling." The Land Use map of the CDP appeared to follow or utilize the digitized version of the General Plan LUPAG map. In that regard, the subject site is situated on the border of the Kona Urban Area, as well as outside of the road concurrency map. Pleases note that the Kona Urban Area generally followed the digitized version of the Urban Expansion of the LUPAG map. Notwithstanding the map portion of the CDP, the CDP also identified several principles related to its overall "vision." These principles and their relationship to the proposed B&B follow. a. Protect Kona's natural resources and culture. The subject site does not have any critical natural resources, having been already developed as a residence. The site is designated "X" on the Federal Emergency Management Agency's Flood Insurance Rate Map. This designation is assigned to areas outside of the 500-year storm. Appropriate on-site mitigation to accommodate project-generated drainage — if needed - will be addressed and implemented during any building permit and land disturbance aspects of this project. Furthermore, there are no known archaeological features or botanical resources on the subject site that require protection. b. Provide connectivity and transportation choices. The site of this proposed B&B is not identified for any future connector road or on the concurrency map of the Kona CDP. c. Provide housing choices. 4 This principle is marginally, if at all, pertinent. The project is not a housing one. However, its continued use as a B&B for the Applicant will continue to retain the residential use of the house and unlike an TAR reserved exclusively for visitor use, which can then effectively remove the dwelling from the housing inventory. d. Provide recreation opportunities. Again, this project is not a recreational one per se. Nevertheless, this site is not a critical resource for recreational opportunities, as it is not a coastal property nor identified in the CPD as an area necessary for future recreational purposes. e. Direct future growth patterns toward compact villages, preserving Kona's rural, diverse and historical character. The location of this site is proximate and somewhat within the town of Kailua, and within the Kona Urban Area of the Kona CDP. As such, the proposed project would be consistent with this principle. f. Provide infrastructure and essential facilities consistent with growth. The basic infrastructure, such as access and water, to support the B&B already exits. g. Encourage a diverse and vibrant economy emphasizing agriculture and sustainable economies. The Land Study Bureau Overall Master Productivity Rating-for the subject site appears to have two (2) classifications — "C" (C-73) or fair and "D" (D-293 or poor. The "C" classification suggests that the site is fair for productivity capacity for agricultural crops, while the "D" suggests poor or limited productivity capacity. The "C" classification denotes soils of the Kainaliu series, with moderately deep, fine soil material. The color is very dark brown, and the parent material is volcanic ash, with outcrops of Pahoehoe. This type of soil is well drained and very poorly suited for machine tillability. 5 The "D" classified soils are of the A'a with Pahoehoe with Kainaliu series. This type of soil series has shallow moderately fine soil material, whose parent material is of Pahoehoe and volcanic ash. They are very well drained and very poorly suited for machine tillability. The State of Hawaii's Agricultural Lands of Importance to the State of Hawaii (ALISH) maps classify this site as being either "unclassified" or "Other Agricultural Land". Notwithstanding these designations, the Applicants have been able to supplement the ground condition with imported soil to cultivate their ornamental landscaped planting area. The plants have and are anticipated to generate agriculturally related interests from their guests. g. Promote effective governance. This principle is not applicable. The CDP also discusses strategies for the "enhancement" of the agricultural industry in Kona. The requested use would be consistent with two (2) of these strategies. One is the protection of agricultural lands, as no subdivision is being proposed and the ornamental plants will foster agricultural interest, albeit limited. The other relates to agricultural tourism, which this request would be indirectly promoting. Accordingly, the requested use would further the agricultural objectives of both the General Plan and Kona CDP. As such, no action or amendment to either document would be needed to effectuate this project. D. County Zonina The County zoning designation of the site is Agriculture (A-1a). The minimum lot size for this zoning district is one (1) acre. The subject property consists of 1.041 acres and is thus considered a conforming lot of record. Please note that while the various Agriculture zones for lots less than 5 acres are still designated Agriculture, the Zoning Code has now changed that to Family-Agriculture. Aside from the nomenclature change, the basic uses and other requirements of the Agriculture zone generally remain the same. 6 Whether FA-1a or A-1a zone, the Applicant's existing dwelling is a permitted dwelling. What is being requested will not require any improvements to the property but only a change of its use to a B&B. While allowed in the Agriculture zone of the Zoning Code, it is not allowed in the State Land Use Agricultural District. As such, a Special Permit is being required, which, if approved would make the B&B use possible. Should the request be approved, subsequent "ministerial" or administrative type of permits such as Plan Approval, if needed, will be complied with. E. Special Management Area The subject site falls outside the Special Management Area. As such, no SMA permit is required. A discussion of the project's relationship to the Coastal Zone Management policies, however, is found in Chapter VIII of this report. F. Other Permitting Considerations As noted earlier, Plan Approval and other ministerial permits to comply with any conditions of the Special Use Permit may still be needed. V. INFRASTRUCTURAL CONSIDERATIONS A. Water The subject site is already serviced by a County approved water meter. As the demand should be no different than a standard family which should use no more than a maximum average daily consumption of 400 gallons per day, no additional meter and/or water service is being requested for this proposed activity. B. Wastewater The existing dwelling is served by two existing cesspools approved by the State Department of Health. This system was predicated upon the use of the existing 4-bedroom dwelling. As such, whether for a B&B 7 or a conventional 4-bedroom dwelling use, the wastewater demand should presumably be the same. C. Drainaae According to the US Corps of Engineers Flood Insurance Rate Map (FIRM), the area of the requested use is situated within Zone X. Said designation refers to areas determined to be outside of the 500-year flood plain. The Applicants have not observed any significant runoff or erosion in the recent past on the subject site. As noted earlier, no physical ground improvements — aside from the normal maintenance and planting of additional landscaping typically associated with the residential use of the subject site are being proposed. However, if any improvements are made requiring significant drainage improvements, appropriate clearance from the County Department of Public Works will be secured prior to proceeding. D. Access and Traffic Implications Access to the project from Ihona Place via the bottom end of Hiona Street, a 55 foot wide county road with a full shoulder improvements. The number of guests is limited by the number of bedrooms (3). That should be comparable to families living in this area. As such, the project is not anticipated to generate any significantly adverse traffic impacts on the local roadway system. E. Other Utilities Electrical and telephone services are already available to the site. VI. ENVIRONMENTAL CONSIDERATIONS A. General Description The parcel fronts a portion of Ihona Place, off of Hiona Street. The subject site is an improved residential lot with extensive ornamental plants. There are considerable ornamental plants and some fruit trees on the subject site. As part of their landscaping efforts, the Applicants intends to introduce more plants and fruit trees that would enhance the stay of their guests. 8 The site is situated at approximately the 850-foot elevation level. The mean annual rainfall in this area ranges between 30 to 70 inches. The wetter months tend to occur between June through September. The mean annual temperature is about seventy-five (75) degrees Fahrenheit, with the warmer months during the summer. Because the site is situated on the leeward side of the island, winds tend to be light and variable. Slight easterly winds occur during the day, while westerly or mountain winds are prevalent during the evenings. B. Soils The topography of the site is fairly level, although it slopes slightly in a mauka (east) to makai (west) direction. The Land Study Bureau Overall Master Productivity Rating for the subject site appears to have two (2) classifications — "C" (C-73) or fair and "D" (D-293 or poor. The "C" classification suggests that the site is fair for productivity capacity for agricultural crops, while the "D" suggests poor or limited productivity capacity. The "C" classification denotes soils of the Kainaliu series, with moderately deep, fine soil material. The color is very dark brown, and the parent material is volcanic ash, with outcrops of Pahoehoe. This type of soil is well drained and very poorly suited for machine tillability. The "D" classified soils are of the A'a with Pahoehoe with Kainaliu series. This type of soil series has shallow moderately fine soil material, whose parent material is of Pahoehoe and volcanic ash. They are very well drained and very poorly suited for machine tillability. The State of Hawaii's Agricultural Lands of Importance to the State of Hawaii (ALISH) maps classify this site as being either "unclassified" or "Other Agricultural Land". Notwithstanding these designations, the Applicants have been able to supplement the ground condition with imported soil to cultivate their ornamental landscaped and fruit bearing areas. The plants have and are anticipated to generate agriculturally related interests from their guests. C. Floral and Faunal 9 Although there were no professional surveys conducted of the floral or faunal resources of the site, the Applicants do not believe that rare or endangered floral or faunal resources are likely to be found within the subject site. With the exception of decades old monkey pod trees and royal palms, most of the floral resources have been introduced by the Applicants over the past seven years of ownership. These have included plants like the monstera, heliconia, bird of paradise, plumeria, anthurium, philodendron, Hawaiian hibiscus, Hawaiian ti, ginger, fern and Tahitian gardenia. There are also various fruit bearing plants such as coffee, papaya, banana, lemon, lime, lilikoi, pineapple and orange. The Applicants intend to use the fruit for their guests. The plants are not on any US or Hawaii existing or proposed endangered or protected list. Thus, floral impacts should be minimal. The site is not known to be a habitat for any rare or endangered animal life. Given its elevation, however, it would be possible to find the Hawaiian Hawk (/'o) and the Hawaiian Owl (Pueo). Further the rural nature of the surrounding areas would make it less likely to find endangered animal life in this area. Thus, it would appear that this B&B use would not have any significant negative impact, if at all, on the floral and fauna resources in the area. D. Archaeological Resources As the site has been fully improved, no commissioned archaeological inventory survey was conducted. It is very unlikely that, given the built up nature of the site, there are any archaeological or cultural resources on the subject site. Please note that in the event any inadvertent discoveries are made during any future land disturbance activity relating to the use of the property, work will cease, and the Applicants will immediately notify the Planning Department and the State DLNR and secure their clearances before proceeding further. E. Valued Cultural Resources 10 The recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka'Aina"decisions require decision-makers to consider a project's impact to native Hawaiian gathering and fishing rights. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated traditional and customary practices of this site and the impact of this project to these resources and practices. In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, gathering of marine life and coastal access is not an issue. It is not known whether the subject or immediate surrounding area was used in the recent past for the gathering of plants by native Hawaiians. Almost, if not all of the existing vegetation on the parcel now consists of introduced plant species. Further, the Applicants have not observed any native Hawaiians on the site or adjoining properties gathering plants in recent times. Thus, it would appear unlikely that the site would serve such purpose today. The cultural impacts, if any, thus appear to be non-existent. However, in the event legitimate gathering claims are made by native Hawaiians, the Applicants intends to respect and honor such claims and provide the needed access within the site. F. Volcanic and Earthquake Hazards The United States Geological Survey (USGS) classifies the area as Lava Flow Hazard Zone 4, on a scale of ascending risk 9 to 1. The populated area of Kailua-Kona also falls in this category, while the City of Hilo is classified Zone 3. There is very little that can be done to mitigate this situation and reflects an ongoing threat to all residents and businesses in these areas. The entire island of Hawaii falls within Earthquake Zone 4, according to the County Building Code. As such, certain structural requirements have been taken during the building permit process to address this seismic hazard. In this situation, the Applicants have no plans to make further improvements to the building. In the event it does, compliance with these requirements will be addressed during the building permit process. G. Other 11 There should be little, if at all, increase to the ambient noise levels. The activities would be domestic related. Normal farm machinery or equipment noise would be louder. Besides, as the Applicants will be living on the property, guest noise will be controlled. The air quality in this area is mostly affected by emissions from natural, agricultural, and/or vehicular sources. Vehicular traffic to and from the site should not significantly increase over the current levels. The use itself is non-noxious, and no tour buses will frequent the subject site. The existing structure is not visible at all from any highway or public roads and will have no visual impacts from any public roadway. Thus, the requested project should have little or no significant short- or long-term noise, air quality, or visual impacts. VII. PLANNING AND LAND USE CONSIDERATIONS A. Surrounding Land Uses The land use character of this area is a mixture of low density residential use and agriculture. The immediately surrounding lots are used and/or zoned for residential and agricultural purposes. There are five A-1a zoned properties adjacent to the subject site within the same Keopu Heights subdivision and a 107 acre agriculture zoned parcel used for pasture on south side of the subject property. Mauka of the subdivision are some small coffee farms along Mamalahoa Highway. Given the existing and zoned conditions, the proposed maximum 3- room B&B would not be incongruous with the emerging rural- residential and rural-agricultural pattern of this area. B. Agricultural Impacts The requested use is intended to complement and enhance the 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. 12 As the proposed activity will occur on a site already not used for commercially cultivated agricultural products, it will not take away productive or potentially productive agricultural land. C. Economic Impacts The Applicants will be operating the B&B. Thus, no new direct employment is expected to be generated by this project, except for the limited cleaning and ground maintenance service which already occurs for its current hosted TAR use. Nonetheless, the operation, albeit small, will still generate added revenue in the form of TAT and GE taxes. Then, too, guests are expected to spend monies within the community in the form of meals and other activities. Vill. Relationship to SMA Objectives and CZMP In reviewing this project against the Special Management Area (SMA) objectives, policies, and guidelines of County Planning Commission Rule No. 9 as well as the Coastal Zone Management Program (CZMP) outlined in Chapter 205A-2, HRS, the following findings are noted: A. Recreational Resources The subject site is situated approximately two 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 impacts to the recreational resources of the area. B. Historical Resources As the subject site has been fully improved, it is very unlikely that the site has any residual archaeological or cultural resources. Nonetheless, should there be any inadvertent discovery of any archaeological features in conjunction with the use and/or development of any aspect of this parcel, work will stop and appropriate clearances from the State DLNR and County Planning Department will occur before said activity is resumed within the affected area(s). C. Scenic and Open Space Resources 13 The subject parcel is located makai side of Mamalahoa Highway (180) and mauka of Queen Ka'ahuamanu Highway (19). The dwelling is not visible with the naked eye from either the shoreline or either of those Highways. Accordingly, the visual impact of this project to the coastal area will be non-existent. Although the site is located on the slopes of Hualalai, it is located on the makai side of the Mamalahoa Highway. Given its distance, it is not visible from the Highway and thus should not have any visual impact from a public roadway and should not diminish the open space and scenic resources in this area. D. Coastal Ecosystem As no improvements are contemplated, the existing structure and associated improvements should not result in any increase in the volume of rainwater on the site. Currently, rainwater is naturally drained on site and given the ground and soil condition, rapidly dissipates into the ground. The Applicants believe that existing cesspool system should be adequate for the proposed B&B use, as the projected number of users of the site should not significantly increase over what was originally intended by the restrooms within the 4-bedroom dwelling. Given the above plus the fact that the site is about two miles from the shoreline, the proposed B&B use should not generate any adverse impacts to the area's coastal ecosystem. E. Economic Uses There were signs that Hawaii's economy was turning around, until the recent COVID pandemic leading to some concerns over continued economic growth. While Hawaii's short-term economic future is still somewhat uncertain, there are signs of recovery. All things considered, it is important to continue with projects such as this that indirectly enhance and emphasize the island's agricultural- tourism industry. Establishments have to be creative to be able to attract visitors looking for unique experiences. F. Coastal Hazards 14 The subject area is designated Zone "X" (areas of minimal hazard) on the Flood Insurance Rate Map. As such, there would be minimal hazards resulting from floodwaters that cannot be properly addressed during the normal review and approval of any additional improvements to the site by the County. Further, the site is about two miles from the shoreline and is not within the County's Civil Defense Tsunami Evacuation Zone. G. Manaaina Development While this function is more applicable to the "authority" or approving agencies, the request is intended to operate within the confines of the existing Zoning Code and Special Permit. The subject site is zoned A-1a, and the requested use and design/development parameters (parking, height, setback, etc.) are already consistent with said zoning. In that regard, this project would be consistent with the policy of "us(ing), implement(ing), and enforc(ing) existing law effectively to the maximum extent possible in managing present and future coastal zone management." H. Public Participation There is a statewide public advisory body called Marine and Coastal Zone Management Advisory Group (MACZMAG) that has the task, among other matters, of advising the lead agency (Office of State Plan) on coastal management issues. This includes a direct or indirect review of certain requests that may have statewide coastal zone management implications. Public participation in the review of the permitting process is also achieved through the posting of a sign on the property notifying the public of the filing of this application. Additionally, notices to surrounding property owners of the submittal of a Special Use Permit application and another separate notice informing said owners of the date of the Leeward Planning Commission's required public hearing as well as the rights to request for participation via a contested case hearing are mailed. I. Beach Protection and Marine Resources 15 The subject property is not a coastal property. As such, it will have no impacts to these policy concerns. Based on the foregoing, it is concluded that the proposed improvements would be consistent with the objectives, policies and guidelines of the CZMP, as outlined in Chapter 205A-23, HRS, and Planning Commission Rule No. 9 relating to Special Management Area. Specifically: • The proposed project will not have any substantial adverse environmental or ecological effect. Any effect that may result will be minimized to the extent practicable and is clearly outweighed by public health, safety and welfare, and other compelling public interest. Further, it will not generate any adverse effects by themselves or in conjunction with other individual developments, the potential cumulative impacts of which would result in a substantial adverse environmental or ecological effect and the elimination of planning options. Appropriate mitigative measures will be taken to address any potential adverse impacts of this project; • The proposed use - as discussed earlier - are consistent with the objectives and policies of the coastal zone management program and guidelines of the SMA Rules and Regulations; and • The proposed use is consistent with the County General Plan, Kona Community Development Plan, and the County Zoning Code. Although a Special Use Permit is required to effectuate this project, no amendment to any of those plans is needed. IX. JUSTIFICATIONS FOR REQUEST In determining whether the requested use is an "unusual and reasonable use" and thus should be permitted within the Agricultural District, certain guidelines are used. These guidelines and their relationship to the requested use follow. A. Relationship to Land Use Law and Objectives 16 The subject request will not be contrary to the Land Use Law, which purpose is to preserve, protect and encourage the development of lands in the State for their best uses in the interest of the public welfare. In this situation, the subject site's soil resource is not Class A or B. It is class C (fair) and D (poor). Thus, there would not be a reduction of that premium soil type resulting from the proposed use. Additionally, as the requested use will occur in an area already established for non-cultivated uses, it will not result in the reduction and/or displacement of any on-going or future agricultural activities on the parcel. Because of the nature of the existing agricultural use on the subject site, additional interest in the agricultural industry should be generated by occupants of the B&B. B. Relationship to General Plan and Other Planning Requirements For the sake of this discussion, this report will assume the subject site's digitized version of the more conservative LUPAG designation of Extensive Agricultural instead of possibly Urban Expansion. Under the digitized format, the subject site is designated Extensive Agricultural on the LUPAG map. The Extensive Agricultural land includes lands "that are not capable of producing sustained, high agricultural yields without the intensive application of modern farming methods and technologies due to certain physical constraints such as soil composition, slope, machine tillability, and climate." Notwithstanding the Extensive Agricultural designation, the proposed maximum 3-bedroom B&B will not result in the reduction of any currently cultivated land. As such, the requested Special Use Permit would not be inconsistent with the General Plan LUPAG designation, and no amendments would be required. The requested use should not detract from the parcel's potential agricultural uses, as the site has been fully improved. Any undeveloped area is intended to be further developed into landscaping and/or fruit bearing trees to support the B&B. With or without the requested use, the amount of cultivatable area should remain the same. Furthermore, the requested B&B use could add to the guests' interest in native Hawaiian plants and other local agricultural crops, and thus, indirectly, help foster the interest and growth in the coffee and related 17 agriculture industry. In that regard, the requested uses would fulfill the General Plan's agricultural objective. The request would also not be contrary to the goals, policies, and standards of the General Plan and Kona Community Development Plan as outlined in depth in Chapter IV-B. In addition to the above, all applicable requirements of the Zoning Code and/or other permits can and will be complied with. Relative to the proposed maximum 3-room B&B, it is already allowed in the County Agriculture zone, subject to it meeting with the criteria outlined in the Code. This project will adhere to all of those criteria, such as not exceeding the maximum number of five (5) bedrooms; not having more than ten (10) guests; and having the owner and/or operator live on the premise. The site is not within the Special Management Area (SMA). As such, a SMA Permit would not be required. C. Impacts to Surrounding Properties As noted above, the land use in this area is generally rural/residential in nature surrounding the subject site. There are very limited, if at all, agricultural activities in this area, except for those areas further mauka along Mamalahoa Highway. 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 3- room B&B would not be incongruous with the emerging residential/ rural/agricultural pattern of this area. The proposed use is expected to occur within an existing 4-bedroom dwelling. The Applicants will also live on the property. As such, nuisance issues such as noise can be easily controlled or addressed. Relative to the B&B, the impacts would be generally no different than a typical residence in terms of noise, traffic, and related infrastructure. Further, although there may be some traffic impacts resulting from the basic project itself, normal check in and departure would occur during non-peak hours. There would also be sufficient on-site parking, 18 eliminating the need for any off-site or roadside parking. As such, the requested use should not generate any significant traffic impacts. Thus, the traffic, visual, and noise impacts — with the mitigation noted herein - resulting from the request to surrounding properties should not be significant. D. Infrastructural and Government Services Impacts The proposed use would not unreasonably burden public agencies to provide roads and streets, sewer, water service improvements. Potable water already services the site from a County-approved private water system, and no additional water service is needed. An approved wastewater system for the project already exists. Access to the parcel is via Ihona Place off of Hiona Street which is a 55 foot wide county road with fully improved shoulders. These infrastructure improvements are more than sufficient to allow for emergency vehicles to access the site of the B&B. Fire stations are located in Keauhou and Kailua, all within three (3) miles from the subject parcel. Police service is available from either Kealakekua or Honokohau. These public agencies already service this area, as there are homes in this area. As such, the project should not result in an extension of or place an unreasonable burden on these services. In sum, while there is limited public infrastructural downsides to a project of this nature. C. Suitability of the Site The proposed B&B will occur in an already improved area. As such, its use will not result in the removal of any potentially agriculturally usable land. According to the Applicants, 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. Alterina Character of Land 19 The goal of the Applicants is to retain the general character and ambiance of this area. In that regard, the Applicants` plan to further improve the site with more ornamental and possibly fruit bearing trees. Further, as there will be little or no improvements required associated with the requested use, the use should not result in the significant alteration of the existing character of the area. G. Unusual Conditions or Trends In this era of eco-tourism and edu-tourism, the Applicants` B&B proposal fits this marketing niche. It is an attraction that will serve both locals and visitors who want to learn and experience more of Hawaii's agricultural industry within a residential/rural/agricultural environment. In so doing, it indirectly provides interest and more support for the island's agricultural products. The increased demand for the product translates to greater economic return for an important agricultural activity. It also encourages its expansion. In so doing, lands — not necessarily the subject site - can be put into more productive agricultural uses rather than lying fallow. Relative to the B&B, in this era of eco-tourism, this type of facility is needed. It is geared for the traveler who likes to explore independently and developing its own itinerary, usually of the typical non-resort type. It provides an alternative form of accommodations being sought by many visitors but, unlike unauthorized short term vacation rentals, with a resident manager or owner living on the site to immediately address noise and related nuisance concerns. As such, it should not be regards as a "threat" to existing resorts, but instead more complementary. If this type of facility is not developed or provided on the island, the vacation seeker may look elsewhere — not at a standard hotel — but at a similar type of B&B or TAR here on this island or other parts of the State or world. It should also be noted that many operators of B&B provide informational guides to their guests. These include information on dining and shopping, many of which are located in resort areas. In that way, existing major resorts — largely through their restaurants and recreational amenities — indirectly enjoy the economic benefits of the guests of the B&B. 20 MEN CIO- -. � � _ 2 ■ \ � § \ � ) � § m � \ e , m _ e / ON- �k § & § § ƒ § U) C)) kC) Ol> 0 _ @ 0 m § 2 � ( � �COO- � � a o 0 � , o % �?% U m w � . « t Ile © q a § e g . `§ c i +6 § ƒ �® � . � . �eK»6O�ae U 8 ) LL3 , %cmd 0 2 } ±inA C v 1 1 La W WA Yeu l¢u MJa. rytnr ;, you�•�t7,NA Hate cu O4 fib 41 -'hum krF vrm Eo1L.OfLAN 4LLl'J:,XrA4L. �OVN!!C`"TI. y,4-wwu�+(mxg c ups ,"nee 1T c�luL c1,AweAs \ J ((M wITN �ApINi1�W6'(LAW.S:�[b wf 1 1 `IC1011► W*lWlTV NAVAII 1 •�O TT7 V `D CD Z O w ♦VOD W ^^C` CD C CD 0 (D rf = m O 5. CD ca � o o -• s� � s� r i CD v � � �n CD CD cD o a` � � C o ° m a C1 G W (D lG �0 O O �D O7 ? C� O W — �D (. W 0 CD �- ---- 1 0 „ - r k I � Iz a � � C'�fkiC�w Ew LS.vQ 1� Fl�c-R.eS..A IfIf� •� i STD ��, � � �,. L'" 1 k4:7 I, T\?P nIST L CE+�. FR•1 Uri-aNNELS + P7ov+L7E .��� rNsuwric�,1 21 I 1 I Y Loney Residence TN K: (3) 7-5-024-050 I pQii I - ' r JOSH GREEN, M.D. E o KENNETH S. FINK, M.D,MGA, MPH GOVERNOR OF HAWAII r� ,959 . DIRECTOR OF HEALTH KE KIA'AINA O KA MOKU'AINA O HAWAI'I ��y KA LUNA HO'OKELE 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-2023-000045) Applicant: LeeAnne Loney and Evan Loney Request: To Allow a Three-Bedroom Bed and Breakfast Establishment Within an Existing Single-Family Dwelling TMK: 7-5-024:050, North Kona, Hawaii In most cases,the District Health Office will no longer provide individual comments to agencies or project owners to expedite the land use review and process. Agencies,project owners, and their agents should apply Department of Health"Standard Comments"regarding land use to their standard project comments in their submittal. Standard comments can be found on the Land Use Planning Review section of the Department of Health website: hgps://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 2 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/landuse/. 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. Mitchell D.Roth Deanna S. Sako JNSYfoF N1� O q Mayor °:•�� ���'� Finance Director Diane Nakagawa •.Q_ ��.= Deputy Director ,TE OF•N�'� County of Hawaii DEPARTMENT OF FINANCE -REAL PROPERTY TAX Aupuni Center • 101 Pauahi Street • Suite No.4 • Hilo,Havvai`i 96720-4679 • Fax(808)961-8415 Appraisers(808)961-8354 • Clerical(808)961-8201 • Collections(808)961-8282 West Hawaii Civic Center • 74-5044 Ane Keohokalole Hwy. • Bldg.D,2nd Flr. • Kailua Kona,Hawaii 96740 Fax(808)327-3538 • Appraisers(808)323-4881 • Clerical(808)323-4880 Date: 06/14/2023 Tax Map Key: (3) 7-5-024-050-0000 To: Planning Director From: Real Property Tax Office Subj: Request for Comments and/or Review Comments from the Appraisal Section: ❑ Property is receiving agricultural use value ❑ Property is dedicated to agricultural use ® Possible rollback taxes ❑ There are no comments at this time Remarks: STVR disqualify Homeowner Tax Classification Appraiser to Contact: Charlie Brown Phone: 323-4892 Comments from the collection section: ❑ Status of real property taxes: ® Current ❑ Delinquent / Amounts $ Amount includes tax, penalty & interest up to Remarks: Collection personnel to contact: Karen Visaya Phone: 808-961-8290 Planning ©cps. Hawai`i County is an Equal Opportunity Provider and Employer Exhibit 3 J+'4.OF 1,4 .... Ramzi I.Mansour Mitchell D.Roth W;� Mayor .k Director Lee Lord ,: :�` Brenda Iokepa-Moses Managing Director '`or"' Deputy Director County of Hawaii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao`a Street,Suite 41 • Hilo,Hawai'i 96720 •cohdem@hawaiicounty.gov Ph: (808)961-8083 •Fax: (808)961-8086 MEMORANDUM TO: Zendo Kern, Director Planning Department FROM: Ramzi I. Mansour, DirectorQ5�1w&'z'WC,- M%Z�W' Department of Environmental Management DATE: June 16, 2023 SUBJECT: Special Permit Application(PL-SPP-2023-000045) Applicant: LeeAnne Loney and Evan Loney Request: To Allow a Three-Bedroom Bed and Breakfast Establishment Within an Existing Single-Family Dwelling Tax Map Key: (3) 7-5-024:050,North Kona, Hawaii The Solid Waste Division has reviewed the subject application and offers the following comments and/or recommendations (contact the Solid Waste Division for details): • Commercial operations 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 Dip;. County of Hawai'i is an Equal Opportunity Provider and Employer Exhibit 4 DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: July 12, 2023 TO: Zendo Kern, Planning Director FROM: Department of Public Works, Engineering Division SUBJECT: Special Permit Application (PL-SPP-2023-000045) Applicant: LeeAnne Loney and Evan Loney Request: To Allow a Three-Bedroom Bed and Breakfast Establishment Within an Existing Single-Family Dwelling Tax Map Key: (3) 7-5-024.050 We have reviewed the subject request forwarded by your memo dated June 13, 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 Ihona Place, 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. Planning Dep;. Exhibit 5 County of Hawaii is an Equal Opportunity Provider and Employer t::Csl PLP04NING-- pF WATEgs "�1N J i' Ifs 49 DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAVI 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-2023-000045) Applicant—LeeAnne Loney and Evan Loney Request—To Allow an Establishment of a Three-Bedroom Bed and Breakfast Within an Existing Single-Family Dwelling Tax Map Key 7-5-024:050 We have reviewed the subject application and have the following comments and conditions. Please be informed that the subject parcel is currently served by one (1) existing 5/8-inch meter (Account No. 880-69400, which is allotted one [1] equivalent unit of water). For your information, one (1) unit of water is equal to an maximum daily usage of 600 gallons, which is suitable for only one (1) single-family dwelling. The Department has noted that the usage for Account No. 880-69400, over the past year, is approximately 370 gallons per day (gpd)which is equivalent to one (1) unit of water. Please be informed that the maximum amount of water that can be made available to the subject parcel, is one (1) unit of water. Therefore, we have no objection to the establishment of a bed and breakfast on the subject parcel. The department requests that the applicant reduce current water use and/or implement stringent water conservation methods. 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, Keith K. Okamoto, P.E. Manager-Chief Engineer 'TS:dfg copy —Ms. LeeAnne Loney and Mr. Evan Loney Planning ©apt. Water, Our Tost Precious Kesource . . . Ka WaiA pane . . . Exhibit 6 The Department of Water Supply is an Equal Opportunity provider and employer. HAWAII FIRE DEPARTMENT . COUNTY OF HAWAII . HILO, HAWAII 96720 DATE June 14, 2023 Memorandum TO CLINTON MERCADO, COUNTY OF HAWAII, PLANNING DEPT. FROM CAPTAIN CLINTON BAYBAYAN, FIRE PREVENTION BRANCH SUBJECT: LEEANNE AND EVAN LONEY,BED AND BREAKFAST, (PL-SPP-2023- 000045 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.Baybqyankhawaiicoun ov or call 808-323-4761. Respectfully Submitted, gff�_ Clinton Baybayan Fire Prevention Captain Fire Prevention Branch Hawaii Fire Department Planning Dept. Exhibit 7 Lorna & Geoff Hand, PO Box 5117, Kailua-Kona, HI 96745 RC VD COH PLANNING DEPT JUN 30'23 FiM7:53 County of Hawaii Planning Department 101 Pauahi Street,Suite 3 Hilo, HI 96720 Subject:Special Permit(PL-SPP-2023-000045) Applicant: LeeAnne Loney& Evan Loney Dear Planning Department, I'm writing to bring to your attention the Restrictive Covenants of Keopu Heights Sub-division.Which the above applicants request for a Special Use Permit for a STVR is in conflict with section A and I of these covenants.(copy enclosed). • Section A: Residential Purpose.All subdivision lots and every portion thereof shall be used only for private residence purposes, including private garage and other similar purposes reasonably necessary in connection with such private residence and for no other purpose. • Section I: Business or Offensive Uses: No retail or wholesale shop or store shall be erected or any business, industry,obnoxious or offensive trade shall be carried upon any subdivision lot or be done thereon which may be or become an annoyance or nuisance to other subdivision lots. I have lived in this beautiful quiet Sub-Division for 30 years. Ihona Street which the property of the applicant is on and I live too, is a private road consisting of 6 lots.These lots(property owners) are responsible for the maintenance of the road.Which in time the road will need repair and adding additional vehicles on the road other than the current owners'vehicles,can and will degrade the road overtime. I respectfully ask for the planning department,to take in consideration the Restrictive Covenants of Keopu Heights when making a decision for the applicant.Also, if this special permit was to be accepted by the County it just opens the door to other homeowners starting STVR's in the sub-division.Which will lower property values. Yours sincerre_ly ��L.._,j Lorna&Geoff Hand 75-798C Hiona St, Holualoa, HI 96725 808 960 3758 Cc: LeeAnne Loney and Evan Loney Planning Dept. Exhibit 8 RESTRIC171VE COVENANT5 iJ�ER12424 PG63.S KRGPU HF.i(am,UNrr 1 During the period corrmencing with the date of delivery or this nerd ending December 31. I1liM, the Grantee BF- that the Crantro will comply with and that all Agreementu it Sale, WristaRLw, hoses, Dade or other conveyances at the above described property tendered by the Grants to others shall rontain and be subject to the falkrwing restrictive cove- mutts: (a)Restclentinl Purpose. All subdivision lots and every portion thereof shall be used only for private iemideace a purposes (except puNte trade and recreational areas) including private garage and other similar purposes remonably necessary in compaction with such pssvate residence, and for do other purpose ,sod no building other than a single private dwelling house desiltmed and built for the use and occupenry of a single for shall be constructed, placed or maintained u�ppoann each subdivision tat, provided that servants' quarters and guest quarters any be placed err maintained on the sub- divlsu m lot it planed or maintained I.conformity with County and State regulations. I/ (b)Proparty Lute. No hedge 'ldia r or an art thsreof e t a boundary hedge, fence or wall not tnoee than six (B) fret above the gqcraannn in a a urn or allq to resnai pOq env acbdivisL4n Within the set back tin" eataFeleabukad by fiance of t�ht, swan (tiler eon tag' manse} new 'i-rsa ppirded-6 sn -gall iVulm int from-dam-uf-1mreh7f@3"61rA be kept ai n e�aonable heig t and must not obotruct the view from improvements constructed an other subdivision luts. d e)Bice of Residence. No dwelling house shalt be erected upon any subdivision lot which &hall contain lam than 1.100 eet of living area, exclusive of servants' quortere, garage, storage space, hobbyshop, verandas m' opan patina In the sews. No impeovemaata abet be rdn utiliing"mare than 2 stories, s ,antd qu he rters Hht a and otherlonawari�w 84 feet from ground keel. The extreme height of toots for guaat eottage0. shall not exceed Ili feet risen ground level.Ground level shalt be the h>q*ed cl itlon of the nateraVAlops at the building facto- dation. (d)Cotueraettoet Materials. No used or secondhand lumber shall be incorporated In the construction of any imptovo• mats erected upon any subdivision hat unlasr used for esthetic purposes and anlees the use is feet approved of in wring by Gmntor,mar shall any building be placed or reereded upon any subdivision lot which shall yrovicuuly have been exacted to another location. if any buikitat{le elevated one foot or more above , the elevated poroan ths11 ba eamptetely aaclosed with an apron or bacteria. All mofing in the subdiv{aiat shall be of yid dtalre eonawet{on. provided that rho Grantor or its designated agent m�ayy grant optimai for ache, materials which.in the sole climeration of the Gmntor or its designated agent. an otwlpatibt8 Tot and qui shake noting construction. Any design for Impmvaraettto submitted may be dis}ypawved If.in the opinion of the Gmidor m ha tladgnatsd atlaA4 d- � used ktntton sad design of the Improve- goo wawa migaUkanUy or unnmessanly obstruct the anew from an etisattg pri"ncjpal,residence on another lot or a prinet- pal residence for which a design has been praviausly a by the OOrraanler or its designated agent.The owner of any kK in the subdivision shall have the right to'tnapet any+at the plea subanitied to the Grunter or Its designated agent. Any pro- -d structure may be disapproved as provided in paragraph (a) lmreinbelow if the design specifications cal art. use of inferior construction techniques air runcietisle. (a)Home Design vaL Before Obtaining a building porn" and before any construction has commeaad, each lot owner shall submit to the- Grantor or to a person or group of persons deeigrtated by the Grant".one copy of con- stracdon plane and specifications for approval as to appearan pintemant off rho structure on sa sa lot gnait(y of construction and all other features of this proposed dentin, 3uctt it val shall not be unrsasaaebty withheld batahaii I ba unetdared a warranty or other representation byy��the Greater or its dmignatad agents of the soundness or foebiifty of the proposed design, appearenee placement and gaetiiy of the improventenL a tupice of plans mubmilted shntl ins hold by the Grantor or its apt"until t�ia improvement is compk"and ahal be open to inspection by any other W owner in the Kowa Heights Bubdivisiort upon request (f Antennae. No television antemsa, raft antennae or simt'lar apparatus or device may be contracted or placed on wsi„ In the subdivision where it may be seen from any of the other lots in the subdivision or from any roadway in the sub- (g)Clothes Line,Storage,etc.No storage of material, took, boata or any other item will be p�nitted out of dam at is open gamses where they may be observed fnim any roadway or from any other subdivision lot No clothes line or testator age tank: cony le placed or amat.cW where they may her observed from any roadway or from any other subdivision lot. other o)Tompa�ryary lkir�er�or,pia eel et but say trailer mobile hams, shack, detached garage, tont. born, Outdoor privy or be bbivieion lot for any ass other than as a temporary convenience dur- ing the actual conatrwLtan of a permanent improvement on say subdivision lot, and no such structure shall be need. either permanently or temporarily,as a residence. (1)Baalaesa or Offensive Gees.No recall or wholesale shop or stun*hall be erected or any industry,almmet- ous err offensive trade shall be carried an span any subdivision lot or any he done thereon=may be ar became an annoyance or nuisance to other owners of subdivision late. No building=On said premium shall be used or occuyied for any mincentile, manufacturing or commercial purposes and no fowl or anima►: or household pee, shalt be raised of kept on any subdivision lot for commercial purposes.Household pets and other animals may be kept so long as they do not became an annoyance or sutaaner to owners of other subdivision lots. For purposes of these covenants, the atalmton of mows or lltannoyancee generation of adore by any animal kept in the subdivision, which noise or odors are readily detectable on any other lot In the subdivision shall be deemed to be an annoyance or nuisance prohibited by these covenants. (j)Sanitation.No subdivision lot ahall be used or maintained as a dumping ground for discarded err old Wilcles, rub- hish or trash.No gar or ether waste shall be kept upon any subdivision lot except to san_itaty omttdners kept out of might, �Ifl�hl thchtrubbindrsrea ay immodistaly AMr col• s mus. 1faequipment of any dwey ur olifer nnhdtvtsian lot Al yan1:ahnl bu mainained to a reamortably dean cutditian and al empty Iota as be kGlenn o!trash and rubbish. if�e owner of any subdivision lot led& tu mAfntain saute, Gtnmtor or its dmgnated gear.y dean mid premises and charge the said owner!or ell atpenses(aeurred. ((kl Subdivision. At al times during theoariod these restrictive covenants am in ran* and Jfaet. no subdivision int aiia{l be subdivided into any lot smaller than one i)acre in size for Alta or lease and any ouch subdivision shall conform to all Applicable governmental regulations. shell(1)Utility es. Al utility lines, wises or pi m for any use err purpose or pla�l on any subdividau lot underground and shell conform a ith lt➢9�ce and County laws and (m)Successive Tereus and Amendment. The foregoing restrictive covenants shall oaada a in fanp ode and of ild and abahi bind the Grantee, his heirs. executors. udminiaLmcom And &&sign, during succaesWe tan-year pmioda following 1{md. except to the extant thut the some shall be moditted or amended once to commenecru t of any a od by a ant of the owners of a majority of the subdivision Iota.The covenants may to amended at any time by a vote of W%of theownars of all or the b 1G tu in opa Ileitthts.Unit 1.The amendment of theme covtnnnto&ban not take aged until a declaration amending the eamc signed by the mquinti number of let owners is filed with the But esa of Conveyances. (n)Covenants to than vitt► Land. All of the far ofng restrictive covenants shall ran with the laird and any dead. mortgage, aromment of oak or kam shall auto that thond described in any such document is subject to these rutrltaive covenants. (a)Enforcement. Jurisdiction may be taken in equity by the Granter. its successors mad amdgas, or any owner of lot in Keopu Heighte. Unit I, to restrict or prevent (� m re in edon mandatory or straining, any v(olatlan or threatened violation of any covenant set torch hamina and upon the part of tfe Grantee or his successors and smajgna required to be observed and �(��roved arithota to the rigid of the Grantor or icy Auccesaaea anJ sanigaa or any other ovrner of any lot to the Keopu Heights, Unit` I, w adopt or pursue say other rmtedy thureatter for the same breach or fsihum, or fu any subsequent breach or failure, u to adopptt or pu ac suitable process to recover damages for any ouch breach or failure. AC such time oe al of the lots in Keopu Helghl1ss,, Unit i and al of the late is ou�urnt incremene of Keopu Heights are sold or at such curlier time as may be detarmin the Grantor, the Grantor wdit relinquish its control under paragraph (a) of theme covenants to the kit owners as a wholes Tha Grantor shall not have a legal obligdon a enforce cheat covenants and Granter will have no eontinaloig power to enforce thane ouvenanla attar the sate of the oils in Keopu Height#, Unit 1 and all of the teas in subsequent increments of Keopu heights. EXH I BIT B �" County of Hawaii Planning Department 74-5044 Ane Keohokalole Hwy#e, Kailua-Kona, HI 96740 Subject: Special Permit (PL-SPP-2023-000045) PCUD C0H PLAMING 0EPT Applicant: LeAnne Loney& Evan Loney JUL 3 M Pm3:02 Dear Planning Department, I am writing to bring attention to the Restrictive Covenants of Keopu Heights Subdivision, which are being directly violated by the above applicants who have submitted a request for a Special Use Permit for a Short-Term Vacation Rental (STVR). These violations are outlined in Section A and Section i of the covenants, which state the following: Section A: Residential Purpose -All subdivision lots and every portion thereof shall be used only for private residence purposes, including private garage and other similar purposes reasonably necessary in connection with such private residence and for no other purpose. Section I: Business or Offensive Uses - No retail or wholesale shop or store shall be erected or any business, industry, obnoxious or offensive trade shall be carried upon any subdivision lot or be done thereon which may be or become an annoyance or nuisance to other subdivision lots. A copy of these covenants will be enclosed with this letter for your reference. would also like to draw attention to the impact this situation has on the maintenance and upkeep of ihona Street, the private road on which both the applicants and I reside. As residents of this subdivision, we are collectively responsible for maintaining this private road. However, with the increased traffic resulting from an STVR, originally intended for only six lots, the maintenance costs will rise for all affected neighbors. This will include costly asphalt replacement, repairs, and resurfacing on an aging road due to the heavy traffic flow. Furthermore, this conflict raises concerns regarding the resale of private homes within our neighborhood. Potential buyers seeking a family-oriented neighborhood home must be made aware of the presence of a Bed & Breakfast business, as it significantly impacts the nature and character of the area. I respectfully request that the Planning Department takes into consideration not only the covenants but also the financial burden of road maintenance when evaluating the approval of the applicants' Special Use Permit. Keopu Heights has long been known as a quiet, family-oriented neighborhood, and we have invested significant efforts to maintain its peaceful and pristine environment over the years. Planning Dept. Exhibit 9 It is worth noting that the above applicant also serves as an Interim Board Member for the Keopu Heights Homeowners Association. As a member of this neighborhood, 1 view this as a conflict of interest that should be duly noted. Thank you for your attention to this matter. I trust that you will carefully consider the impact of granting the Special Use Permit on our community's character and the enforcement of the Restrictive Covenants. incerely, tn 04-" C�� 'Robert & Marikay Bart 75-798A Hiona St, Holualoa, HI 96725 808 498 4633 CGU PLANNING DE:P1 JUL 10 2023 Pm 1:33 County of Hawaii Planning Department Ms. Kal Yackley l EUD BY MI1I1L 101 Pauahi Street, Suite 3 P.O.Box 211 Hilo, HI 96720 Kailua-Kona, HI 96740 County of Hawaii Planning Department 808-329-9178 74-5044 Ane Keohokalole Hwy. Kailua-Kona, HI 96740 July 7,2023 Subject:Special Permit(PL-SPP-2023-000045) Applicant: LeAnne Loney&Evan Loney Request:To Allow a Three-Bedroom Bed and Breakfast Establishment Within an Existing Single-Family Tax Map Key: (3) 7-5-024:050, North Kona, Hawaii Response: Unacceptable Dear Planning Department, The Loney's are requesting a Special Use Permit for a STVR which conflicts with the Restrictive Covenants of Keopu Heights subdivision. This is a private residential, not a commercial neighborhood. Home owners purchased in Keopu Heights because of the restrictive covenants to keep this subdivision a private residential community. The Loney's lot is adjacent to mine and if they obtain this Special Use Permit for a STVR it will negatively impact the value of my property and all other homeowners in the subdivision. It also opens the door for others to open B&B establishments. This will further devalue the properties in the subdivision. All side roads in the subdivision are the responsibility of the homeowners on each street. Ihona Street is maintained by the owners of the 6 lots that it services. The wear and tear of the additional traffic caused by their B&B will be costly for the other 5 lot owners. Also,the inconvenience of time taken for the additional repairs. Ms. Loney is very aware of the covenants as she serves as an Interim Board Member for the Keopu Heights Homeowners Association. I consider this a conflict of interest. Permitted B&B establishments destroy family orientated neighborhoods. The constant turn over of B&B tenants is a safety issue for the children and grandchildren that play outside in the yards. Always having strangers in the area is a cause to have to constantly know where the child is and who is with the child. Plus the additional danger of children running out on lhona Street. Please help us maintain the peaceful private residential neighborhood that our covenants have protected for the homeowners. We need to keep this subdivision private residence, noncommercial. Pank you for reviewing the concerns and reasons to not grant the Special Use Permit in Keopu Heights. inter ` XC l Yackley • Planning Dept. Exhibit 10 County of Hawaii Planning Department 74- 5044 Ane Keohokalole Hwy.# E, Kailua- Kona, HI 96740 Subject: Special Permit (PL-SPP- 2023- 000045) Applicant: LeAnne Loney& Evan Loney Dear Planning Department, We the Allen family and direct next-door neighbors are writing in support of LeAnne and Evan Loney's application request for a Special Use Permit for a Short- Term Vacation Rental (STVR) Located in the Keopu Heights Subdivision. We have been living next door to the Loney's for as long as they have lived here and have never encountered an adverse effect or had any issues with them running their business. In fact this cul-de-sac has only improved and gained market value since they have moved in. They not only consistently work to improve their home and property they continue to maintain their home and property to the utmost standards. The Loney's have been nothing but courteous and considerate to everyone in our cul-de-sac. They maintain a peaceful atmosphere and it's obvious they require the same out of their guest. Although Ihona is a private road and maintained by the six lot owners there certainly has been no more traffic than would be if it was a long term rental. In fact, the road traffic is actually less due to days they have vacancies. This cul-de- sac experiences big work trucks that come in and out of here on a daily bases and multiple times a day. As well a couple owners have trailers with boats coming in and out. If this was a nuisance in any way shape or form, we would be the first to have issue or be impacted by this and we absolutely do not. We don't have issue with any of our neighbors doing what they want or need to do to get by and especially in this new post covid life we live. I would hope everyone in this cul-de-sac feels the same. We look at this as a big family and are here for one another even if it's not exactly what we choose to do with our individual lives. As I've seen it for the last 10 years of living here we all get along and respect each other and want what's best for one another. The covid situation has made things even more difficult for families to maintain and get by. Many people work from home these days or need to find ways to survive. We've not had a single issue due to any short term renting going on and that's because of the Loney's professionalism and consideration to their neighbors. Warmest Aloha, The Allen Family Planning Depi. 75-800 C Hiona St. Exhibit 11 Holualoa, HI. 96725 t DeVera, Ashley From: Gary Fowler <gary.fowler@email.com> Sent: Monday, July 10, 2023 9:16 AM To: Planning Internet Mail Subject: re: Special Permit Application No. PL-SPP-2023-000045 on TMK: (3) 7-5-024:050 To Planning Team re: Special Permit Application No. PL-SPP-2023-000045 on TMK: (3) 7-5-024:050: We are the nearest neighbors to LeAnne and Evan Loney on the North side. We are in favor of the permit that is being applied for by the Loney family. We have never heard any noise or other disturbance from their property. We know of no complaints from any other neighbor. Without the Loney family notifying us, I don't believe we would have ever known that a Homestay was being operated. We have never noticed any excessive use of the road leading up to the property. In fact, I would wager to say that there is less traffic generated to this location than there would be if there was a long term renter there. We have had full time renters in other areas of the neighborhood that generate far more noise and far more traffic than ever observed from the Loney property. The Loneys property is very well maintained and its appearance is among the best in the neighborhood, helping keep all of our property values continuing to grow. There are some ancient CC&Rs in this neighborhood, but as there is no mandatory association fee, nobody has been enforcing these ancient rules and so they are simply ignored. For instance, I believe the CC&Rs require a wood shake roof be on all of the houses. This would mean nearly every house was out of compliance; and if that were enforced it would be enforcing a fire danger for everybody. So I don't think any of those CC&Rs are relevant today. Essentially, there is really no CC&Rs in the neighborhood that I know of that are still valid and enforced. As such, they have really been abandoned. The large lots in this neighborhood make it very conducive to this type of Homestay. The houses are not very close together and the lush vegetation makes each property have good privacy. This is a far different situation than a traditional subdivision with small lots. Most houses here sit on an acre or more of property. Being able to provide a Homestay is what can make it affordable for some of the people in the neighborhood, so it would be very disappointing if they lost that ability and we would lose great neighbors like the Loneys. We hope you will approve their permit application so that we can continue the good fortune of having great, responsible neighbors here in our little community. Thank you, Gary&Tammy Fowler Planning Dept. 1 Exhibit 12 Scott Mercer—75-841 Hiona Street Holualoa, HI 96725 COP JUL 10 2023?F+1.32 R,�C3 B1 "AIL HI County Planning Commission 101 Pauahi Street STE 3 Hilo, Hawaii 96720 To whom it may concern regarding: Special Permit Application (PL-SPP-2023-000045) Aloha, I am writing in support of LeeAnne Loney and Evan Loneys application for a special permit to continue operating their B&B at their home at 75-800 Hiona Street#B, Holualoa, HI 96725 Tax Map Key: (3)7-5-024-050. While we are not directly next door to the Loneys, we are in the same neighborhood and also in the same neighborhood association Keopu Heights Neighborhood Association (KHNA). As the associations By Laws,and CCRs are irrelevant in your decision, and though I am the associations interim president, I am writing to give my support as a resident. Since moving here over three years ago I have had the pleasure of knowing the Loneys and their wonderful family and also extended family. I walk the neighborhood including their little street and cul- de-sac with my dogs as part of my routine and have never seen any vehicle of theirs or their tenants on the street, never seen any obnoxious behavior,or heard any loud noises. In fact it wasn't until after a year of living here that I learned (from them)that they were offering a homestay out of their home. Until they have put themselves out there to neighbors recently as required by this application I would imagine many didn't even know they were operating a homestay, and never before has any complaint been heard. With 50 properties in the neighborhood we have quite a few vehicles on the road with many residents making trips into town several times a day. We also have a few residents in the neighborhood that do not adhere to county speed limits driving up and down the street, and in fact some do so with off road vehicles,and some with very loud vehicles. This is no matter however as its momentary, however I bring this up because to my knowledge her guests are mostly from out of town and drive well maintained rental vehicles and are certainly not putting any noticeable additional stress on the neighborhood roads and are in fact out enjoying the island most of the day. Having an established B&B in the neighborhood operated by respectful residents who maintain an impeccable house and property to attract well paying guests can only increase property values in the neighborhood. Please approve the Loneys permit as they have been exemplary in operating their homestay for many years now, paying GET and TAT,complying with all laws and regulations and only seek to be proactive to continue to do so with new legislation looming by operating as a permitted B&B. —Jbank you for y ur consideration, .c.2ti Scott ercer Planning Dept. Exhibit 13 Hawaii County Planning Department 101 Pauahi St# 3 C014 PLANNING DEPT Hilo, Hl 96720 JUL 17 2023 PH2:55 July 11, 2023 'EC'D Py AIL Subject: Letter of Support Special Permit Application (PL-SPP-2023-000045) Applicant: LeeAnne Loney and Evan Loney Request: To Allow a Three-Bedroom Bed and Breakfast Establishment Within an Existing Single-Family Dwelling Tax Map Key: (3) 7-5-024:050, North Kona, Hawaii Dear Hawaii County Planning Department: I am writing in support of my neighbor's request for a B & B special permit. I have lived and owned in the same neighborhood since 2014. 1 walk for exercise in the neighborhood. I have been aware of the Loney family`s homestay for several years now. As their neighbor, I haven't heard of any complaints, issues or disturbance to the neighborhood. Their guests are unobtrusive to our roads and neighborhood. Most of the neighbors likely didn't know of their homestay until they received a letter to notify them of this permit application. The Loney`s property is always beautifully maintained with manicured gardens and enhances the property values around. They have been a pleasure to have as neighbors and I don't see any reason why they shouldn't be granted this special permit. Thank you for your consideration. / Z,'ZI Clare Livingston Bromley III 75-824 Hiona St Holualoa, Hawaii 96725 858-342-0780 Bud.bromley@outtook.com Planning Dept. Exhibit 14 K TWA D FPT _Tj ALL'i 1 )-02 f__: _.22� ?_ County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, HI 96720 Subject: Special Permit (PL-SPP-2023-000045) Applicant: LeAnne Loney & Evan Loney Dear Planning Department, I am writing to bring attention to the Restrictive Covenants of Keopu Heights Subdivision, which are being directly violated by the above applicants who have submitted a request for a Special Use Permit for a Short-Term Vacation Rental (STVR). These violations are outlined in Section A and Section I of the covenants, which state the following: Section A: Residential Purpose - All subdivision lots and every portion thereof shall be used only for private residence purposes, including private garage and other similar purposes reasonably necessary in connection with such private residence and for no other purpose. Section I: Business or Offensive Uses - No retail or wholesale shop or store shall be erected or any business, industry, obnoxious or offensive trade shall be carried upon any subdivision lot or be done thereon which may be or become an annoyance or nuisance to other subdivision lots. A copy of these covenants will be enclosed with this letter for your reference. I would also like to draw attention to the impact this situation has on the maintenance and upkeep of Ihona Street, the private road on which both the applicants and I reside. As residents of this subdivision, we are collectively responsible for maintaining this private road. However, with the increased traffic resulting from an STVR, originally intended for only six lots, the maintenance costs will rise for all affected neighbors. This will include costly asphalt replacement, repairs, and resurfacing on an aging road due to the heavy traffic flow. Furthermore, this conflict raises concerns regarding the resale of private homes within our neighborhood. Potential buyers seeking a family-oriented neighborhood home must be made aware of the presence of a Bed & Breakfast business, as it significantly impacts the nature and character of the area. I respectfully request that the Planning Department takes into consideration not only the covenants but also the financial burden of road maintenance when evaluating the approval of the applicants' Special Use Permit. Keopu Heights has long been known as a quiet, family-oriented neighborhood, and we have invested significant efforts to maintain its peaceful and pristine environment over the years. Planning Dept. Exhibit 15 It is worth noting that the above applicant also serves as an Interim Board Member for the Keopu Heights Homeowners Association. As a member of this neighborhood, I view this as a conflict of interest that should be duly noted. Thank you for your attention to this matter. I trust that you will carefully consider the impact of granting the Special Use Permit on our community's character and the enforcement of the Restrictive Covenants. cep ly, Robert obe & Marikay Bart 75-798A Hiona St, Holualoa, HI 96725 808 498 4633 RESTRICTIVE COVEN, 'i t U 12424* rcM IMOPU MOMITS,UNIT 1 During the period commencing with the date of delivery of this ilerd ending December 31, 1994, the Graohtee agree. that the Gratttre will comply with and that nil Agreements of Sale. Morlgnges, ]"Be", Deeds or other conveyances of the Above 'I oerihed property tendered by the (3mritee. to uthere shall c-unLain and he subject to the !allowing restrictive cove- nnntx: (a)Residential Purpose. All subdivision late and evert purtinn thereof ahall be used nndy for private residence purposes (except public tried. And recreational arena) including private garage and other similar purposes renaonably nece.atry iu connection with aucll private residence, and for no other purpose; and no building other than a single private dwelling house, designed And built for the use and occupancy of A Mingle hrnily .hull be constructed, placed or m.iritained pan each subdivision 'It, provided that aurvnnth' quarters load guest qunrterx may be placed or maintained on the sub- dpviainn IoL if pinced fir maintained in conformity with County And Stale root qu fix, b, (b) Property Line. No hedge, buildin or structure or any art thereof (except a boundary hedge, fence.or wall not more than six (fi) (eel nitovc the I1,,�rnun me s n iTie ggrown,no •t o ucaf fir eJlowed to remain upon fy,pnubdivfeion int_snthin the set back lines'established by Ordinance Ciro the- nu of-MWhii-((1he-Couu'n-�p-7-m'ung Ordnance.-Al new trees j,leirteil Eli cot aabili-viainn lar•fmm t1atF nf-pnrchnxsi WlThll-he kepi rrl 'A'Miannnble height and count not obstruct the view from improvemenlaa cunatructed an other aubdivision lots. „ (c)Size of Iicaidencc. No dwellinR house abnll he erected upon any aubdiSision lot which shall contain less than 1,100 square feet tf living area, exclusive f aervnntx• quarters, Rarage, alxn+gc "(mega.hnhbyxhAP, verandas or open patine in the living Arcs.fit inrproveonunta mhnll be cnnetructed utilizing inure than 2 etaricn,"and the extreme height of roufv may not nxreed 2.1 feet from ground level. 'oleo. extreme height of roufe for guest cottage., servant.' quarters and other a ceasorle" abut! rn+t exceed 15 feed from ground level. Ground level shall be the highest elevation of the naturalWope at the building foun- dntion. (d)Construction Materials. No used or secondhand lumber shall be incorporated In the construction of any improve- ments erected upon any subdivision lot unless used for Asthetic purposes and unless the use is first approved of in writing by GoonlAr, nor shrill any building be placed r.re-erected upon any subdivision lot which shalt previously have been erected in another location. If any building is elevated one foot or more Above ground the elevated portion shell be completely enclosed with an opron or buttons. All runfing in the subdivision shall be of wood ehrlke construction, provided that the Grantor or its de.iRnnted Agent may grant approvnl for other roofing rnnterials which, in the sole discretion of the Grantor or its designated agent arc (xanpetihle in appearance and )utility will) "hake roofing construction. An design fur im rrovements submitted uu+y �ori lien raved if, in the opinion of the Grantor or its designated a ant, the pro osec Oca n n e tmpmve- a m+ m in& view r tin eats mg pnnnpn rear tic tin a fthF'"I o a rFIhT4-c r •nrc or w is a tee 1t a owner any oY`sot t+e au tie ry [n%'-ecT'trrf thrhpli -e submitted to the Grantor or xted agent- Any pro- 1-1md structure cony he disapproved rim provided in paragraph (e) hereinbelow if the design specification, call for the nee Of inferior ta11"traction Lechniaperx or material.. (e) House Doelgn Approval. Before nhtnining A building permit, and before any construction has commenced, each lot owner submit to the Grantor or to a person or gawp of persons designated by the Grantor, one cam late copy of con- alrvctott can And apecificntiuna for npprovnl an to Appearance, pinceorent of the structure, tin any subdivision lotutility of Mnstractiun and e all other femora@ of the proposed design. Such Approval shall not he unreasonably withhold but.hal lint be cnnxieb-red a warranty or other reprementnhnn by the Grantor or its desiggnated .gent. of the soundness or feasibility of the PlroPaxcd 11"illn, appmriince ptncenienl find quality of Lhe improvement. 9'he copies of plan. submitted shall he held by the rxxl.,or its ligento until Line improvement in completed and alhnll be open to inapnction by any other lot owner in the Reopu Ileights Subdivixann upon req.tat. (!)Antennae. No Lclevieinn antennae, radio antennae or similar apparatus or device may he constructed or placed on ally tat in the "Uhdiv(aton where.it may be seen from any of the other lots In the subdivision or from any roadway In the sub- divinion. (R)Clothes Lino,Storage,etc. No storage of material, tools, boats or tiny other item will be permitted out of doaars or in Opeea Rares(c a where they may he ohmerved from any,roudwny fir from any other xuhdiviainn lot. No deifies line or fuel elnr age hanks may be placed or constructed where they rally he observed from any roadway or from anyother subdivision lot. (h)Temporary Structures. No quonset hut, trailer, mobile home, aback, detached garage, tent, barn, outdoor privy or other outbuilding @hall he erected or placed upon any subdivision lut for tiny use other them Aa a temporary convenience dur- ing the actual con"truction of a permanent improvement an way subdivision lot, and no such structure shell lx used, either P.—anently or tenhpurtarily,nor residence, (i)Business or Offensive Use@. No retAit or wholesale shop or store shall be erected or any business, industry, obnoxi- ous or offensive trade shall he carried on upon only xubdiviairin lot or Anything he done thereon which may be. or become an annoyance or nuisance to other owner" of subdiv+ainn Ines, No building erected on maid premises shall be used or occupied fur any mercantile, manufacturing or commercial purt1stotmeori and no fowl or onirnnle or housohold pets @hall be rained or kept an any subdivision ibl for commercial purpomem. Ilnnaelhold pets and other nnimala may be kept us long as they du not become an annoyance or nui"ance to owners of other aubdlviAion late. For purpustre or these covenants, the emission of noise or the generation of odors by nay animal kept in tire xulMlivision, which noises ur odors are readily delectable mission any other tut in the snlulivision shall he.deemed In he tin annuynnx or nui.unce prohibited by these covenants. (j)Sanitation. No subdivision lot shall be used or maintained an a dumping ground for discarded or old vehicles, rub- Iriah or trash. No gnrbaga or other waste"hall be kept upon any subdivision lot except in sanity containers kept out of eight, Mienthat rubbish (!,spatial cans may be put out immediately prior to collection and stored away immediately alter col- .r other is muds. If far tileed h-y law a reasonable nnaount of proper products And dry vegetation may be burned iu incinerators or'tear equipollent for the die Real of such material which equipment shall be kept m a clean and sanitary condition and out +f eight of any rundway or other muhdivinion lot. All yards ahadl hs maintained in a reneonably down conditlan and all empty Iota mural be kept dean of trash and rvbbinh. If the owner of any subdivision lot So glecte to maintain @time. Grantor or its dc.,gwhicd agent may clean said Premixes wad charge the eni(I Awner far all expen sal incurted, shall I+e lsuubl subdivided onto any lot stes mallerutlinn one (l)acrellinr size restrictive note orvenants ne, in lease and any such subdivision shall conform oto all Applicable governmental regulations. Purpose use shall for place Utility+derg aunt onllaut 11 eonforn with all nen wires or 9 !cod County Iowa or and rag onxtr cted or placed on any subdivision'lot (m)Successive Terms and Amendment. The foregoing restrictive covenants shall continue in force and effect end Olin]) bind the (�rnntee, ilia heirs, executors, ndmiuistruLors and assign, during aucceasive, ten-year periods following 1994. excepL to the exu:nt that ire ertnle skull be modified or umended prior to commencement of tiny such period by eggroement of the rwnec. ,!. r njerty�f tt:e aul;rlivixiaa !;eta. The cp-nnnis :any be sececodrd at Any Limo by . vote of A&B, of tfhe ti—of 11. ur(Joe toL. in Krupa 116ghte, Unit L'I'lhe nmcadment of these ceventints -hall nut take effect until a doclorroLinn urn—ding the unnr nignnd by the required number of lot owners is filed will'the Bureau of Conveyances. (n) Covennnte La Ron, with Land. All of Um To no restrictive covenants shall ran with the land and any deed, mortgage, agreement ti! .rah: or ;,es, shall sUltio that the Innd (lexcribert in any such document is subject to these restrictive ooveonnta. (o) Enforcement.Jurisdiction may be taken in equity by the Grantor, its successors and assigns, or any owner of lot in Keep,, height., Unit 1, to restrict or prevent by injunction mandatory or restraining, any violation or threatened violation of tiny covenant set Furth heeminabove,cord upon the part of die Grantee or hit, successors and maligns required to he observed Jim, )+erfouned, William pre udice to the right of the Grantor or its successors anti nssign. or any other nwaor of any lot in the 1("Pu 1leighls, Until �, us adopt or pursue any other remedy thereafter for the same breach or failure, or for any euberqucnt [,revel) or failure., or to Ado))+l ar pursue mailable process to recover damnges for Any such breach or failure. At such Little a@ s11 of the halo in Kexnpo 1lrighU Unit I ant! All Of the lute in subaequeat increments of Keupu IleighW Id fir tit such earlier time „ nony be tlrteranmed bqq the Grantor, the Grantor will relinquiah its coatrat antler paragraph are or tu:xe a+vennnll In (he lot awnerm as n h 1 lc. 'Phe Gaoler stint not hour ri legal nhligntma to enforce these covenants and f tire lotwill i n @;iwrquent inerem ite(l(copu lenruJci re, !bees covenants after the pale of the lour In Keupu Heights, Unit i and all EXHIBIT 2-Ra ZV1,04o, Hawaii County 25Aupuni Street, Ste. 2103 Hilo, HI 96720 Rose Oliver 1312 28th St. Anacortes, WA 98221 Subject: Special Permit Application (PL-SPP-2023-000045) Applicant: LeeAnne Loney and Evan Loney Request:To Allow a Three-Bedroom Bed and Breakfast Establishment Within an Existing Single-Family Dwelling Tax Map Key: (3) 7-5-024:050, North Kona, Hawai'i Dear Hawaii County Planning Department, I am writing is support of the Evan and LeeAnne's application for a special permit for a B & B. I am a former Hawaii resident who now lives in Washington state_ I grew up in Kona and try come home annually to visit family, friends and to share the beauty and culture of Hawaii with my young daughter. In recent years I have stayed in Loney's homestay at least 3 times and am planning my next trip back this year. I discovered the Loney Family homestay several years ago when I was looking for a place to stay; away from the tourist areas and instantly fell in love with their beautiful home and property! In the past, I usually stayed at a vacation rental on Alii Drive or at at a resort, but now it's so costly and busy with so many people and traffic. Now I always check in with the Loney Family first to see if they have availability at their homestay. I prefer to stay in Holualoa over the hustle and bustle of tourist areas because we enjoy a peaceful county setting and are more comfortable in cooler temperatures than on the coastline. Coming back to their home is a nice respite from the daily adventures on the Big Island and we feel at home staying with a local family. The Loney Family home is absolutely gorgeous. They have majestic giant monkey pod trees and palm trees lining the property and lush landscaping with hibiscus, orchids, and other tropical gardens. It is so private with all the foliage and far enough away from the neighbors, you don't ever see them. They also have a nice pool that my daughter and I enjoy using and a pool shed filled with beach chairs, boogie boards, and other beach items they let you borrow anytime. You really feel like this is your own private resort. The guest rooms are decorated with an elegant but simple Hawaiian theme. They have extremely comfortable beds, very nice bathrooms, and a covered lanai to relax and watch the sunset. I also really appreciated that they only use non-toxic cleaning products, offer on-site laundry, and have convenient on site guest parking. Planning Dept. Exhibit 16 During my first stay in 2017 with my young daughter, LeeAnne invited us to join her and her kids at the beach for a picnic. It was really special to have her treat us like ohana. The Loney Family has continued to treat us like ohana with each visit. Our most recent visit, this past August 2023, they invited all three of us up to their lanai for drinks and pupus and to enjoy a stunning Kona sunset. Their hospitality is always above and beyond! Their home and their hospitality are truly like no other. They are ideal candidates to receive a Bed and Breakfast permit. I hope they will so they may continue to share this unique place and experience with others and spread aloha with their genuine and unmatched hospitality. Sincerely, Rose Oliver DeVera, Ashley From: Susanne Weikl <suweil @t-online.de> Sent: Thursday, July 27, 2023 3:06 AM To: Planning Internet Mail Subject: Subject: Letter of Support - Special Permit Application (PL-SPP-2023-000045) Subject: Letter of Support-Special Permit Application (PL-SPP-2023-000045) Applicant: LeeAnne Loney and Evan Loney Request:To Allow a Three-Bedroom Bed and Breakfast Establishment Within an Existing Single-Family Dwelling Tax Map Key: (3) 7-5-024:050, North Kona, Hawai'i Dear Hawaii County Planning Department, LeeAnne and Evan Loney are applying for a special permit with the county for their B&B. I would like to support them and I highly recommend them to receive this permit. My name is Susanne Weikl, I am from Germany and I travel with a small group of people (3 to 5), exploring Hawaii in the context of a Huna workshop. I have stayed several times at this place and I always enjoyed it very much. I am not staying alone, always with different people from Germany,traveling with me. The first stay was in 2017, followed by 2018, 2019, 2022 and 2024. As long as LeeAnne and Evan share their place with tourists I will book it, for sure. We like the private atmosphere, away from the hustle and bustle of the tourist places. I would never choose a resort. I prefer having contact with a local family and staying at a private place. Their place is spacious and very well equipped. It is very quiet and the big garden is a special advantage. Everyone likes this place at first glance. LeeAnne and Evan are so welcoming and caretaking and you could always ask them for help. Everyone feels good staying here. It is not only the nice apartment,what makes their place especially personal and not anonymous, it's the people living here,As soon as you park your car and say Hello you feel welcome and every wish will be fulfilled. I always look forward to seeing LeeAnne and Evan again. I also like the convenient on-site parking, peaceful location, private lush landscaping and tropical gardens, private pool and that LeeAnne and Evan like to interact with guests. They feel how much contact someone likes and show a lot of empathy. Holualoa is a nice location. Every guide book in German mentioned visiting Holualoa. Bed and Breakfast establishments in Holualoa are desirable, as alternatives to pricey and generic resorts. I always stay in Bed and Breakfast, a resort would never meet my needs. Susanne Weikl Susanne Weikl Heilen mit Aloha Weberweg 8 89233 Neu-Ulm www.susanne-weikl.de i Planning Dept. Exhibit 17 M s Z DeVera, Ashley From: Betty Jones <be@bettyjones.us> Sent: Monday, July 31, 2023 3:36 PM To: Planning Internet Mail Cc: Betty Jones Subject: Loney Family Letter of support County of Hawaii-Planning Department 101 Pauahi Street Suite 3 Hilo, HI 96720 Dear Hawaii County Planning Dept., We moved to Keopu Heights in 2003 and were the LUCKY people to share the long border of our property with our new neighbors, the Loney Family, when they moved to Keopu Heights in 2016. They did major improvements on their home and paid for removal of long-standing tree and jungle shrubbery negatively impacting our side of the fence. We had lovely encounters with their children in the garden, and Grandma became a life-saving friend when we had simultaneous hospitalizations and needed transportation and groceries brought to our home. There were never any loud or disturbing incidents or even an awareness that they had a vacation rental on their property. Due to our ill health and age, we sold our place in "Paradise" last summer and are bewildered and distressed to hear of charges of CC&R & road damage by the very Neighbors who have rented their o'hana to co-employees who each drive huge business Trucks on Ihona cul'd'sac and the entire length of Hiona Street DAILY. Single family rental cars could not create the damage or noise pollution that these trucks emit continuously. MANY Households in Keopu Heights rent out Single Rooms, a section of the residence or their whole house due to personal needs. This neighborhood has gone through hell in the past with certain Residents who have no consideration for their Neighbors, bringing lawsuits, divisiveness and grief to all residents.. Whilst we do not live in this pristine environment now, we whole-heartedly support granting the required permits to the Loney's in their efforts to maintain a business that is NOT impinging on anyone's privacy or property, and is in fact IMPROVING THE NEIGHBORHOOD & PROPERTY VALUES and allowing a sense of Community to evolve in Peace. Sincerely, Betty Jones &William Hubbard Betty Jones www.bettV*ones.us 91 Planning Depr. 1 Exhibit 18 Hawaii County Planning Department 101 Pauahi Street#3 Hilo, HI 96720 Rebecca Hamar 75-816 F Hiona St Holualoa Hawaii, 96725 July 25, 2023 Subject: Letter of Support Special Permit Application (PL-SPP-2023-000045) Applicant: LeeAnne Loney and Evan Loney Request: To Allow a Three-Bedroom Bed and Breakfast Establishment Within an Existing Single-Family Dwelling Tax Map Key: (3) 7-5-024:050, North Kona, Hawaii Dear Hawaii County Planning Department: I have lived in Keopu Heights since 1999. 1 support the efforts of the Loney family and their homestay. Their guests are quiet and completely in alliance with this neighborhood. The Loney property is an asset to our property values and I believe the homestay enhances the Hawaiian experience. This homestay should be granted a permit and is an asset to our subdivision. Thank you for your consideration. Rebecca Hamar (808)936-1095 Planning Dept. Exhibit 19 DeVera, Ashley From: Emily Cole <emzie.cole@yahoo.com> Sent: Monday, August 7, 2023 9:10 AM To: Planning Internet Mail Subject: Special permit request Loney (PL-SPP-2023-000045 To whom it may concern, I am writing on behalf of our three years of experience staying at LeeAnne Loney's B&B to help advocate for them receiving the required approval for the appropriate permitting to allow them to continue to offer such needed lodging and hospitality for guests like ourselves. Being from Canada, our trip to Hawaii requires quite the investment of time and money and without an affordable alternative to the big hotel chains, we simply would not be able, or want, to continue to invest into the Hawaiian economy like we have over the last several years. LeeAnne's location in Holualoa has provided us with a phenomenal home-away-from-home that we will continue to choose to return for many reasons:the grounds are private, impeccable and impressive;the hospitality is very warm and welcoming;the accommodations are extremely clean and have provided us with a safe, secure and comfortable alternative to the great inconvenience and commotion of many of the hotels. In short, without places like LeeAnne's, people like us would be unable to truly enjoy the Hawaiian experience. Not only due to better affordability but because these privately owned B&B's offer much more than that, they allow for a more peaceful, welcoming and immersive experience for travellers. I can think of no reason that this location not be granted a stellar stamp of approval of what the county is in need of perpetuating to maintain the vitality of the tourism industry! From two very happy clients, Emily Cole & Kevin MacPherson Planning Dept. 1 Exhibit 20 County of Hawaii Planning Department 74-5033 Ane Keohokalole Hwy Kailua Kona, HI 96740 Subject:Special Permit(PL-SPP-2023p000045) Applicant: LeAnn Loney and Evan Loney Dear Planning Board, I'm writing to contest the application for the above special permit.As I have personally discussed with the above applicants I have serious reservations on the effect of short term vacation rentals on or community and the effect on homelessness on the Big island.I've urged the applicants to instead use the property for long term local housing.There is a serious shortage of long term housing for local residents and workers. There also may be some question concerning this being a violation of the Keopu Heights covenants. I also am concerned about the effects of short term rentals on our subdivisions history of non- commercial family oriented homes. My home is directly above the property the applicants property and I have serious concerns of the possible long term effects that issuing this permit may present to my interest. Therefore I ask that the Planning Department deny this Special Permit requested. Sincerely � Don Slocum 75-816B Hiona St Holualoa,HI 96740 808-640-4921 RCVD COH PLANNING DEPT AUG 923 AM9:55 Planning Depi. Exhibit 21