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HomeMy WebLinkAbout.PD BACKGROUND REPORT (PL-SPP-2024-000061) BKratelSPP ja2.1524 COUNTY OF HAWAI`I PLANNING DEPARTMENT BACKGROUND REPORT AXEL KRATEL AND NHCHELLE KRATEL SPECIAL PERNHT APPLICATION (PL-SPP-2024-000061) AXEL KRATEL AND NHCHELLE KRATEL are requesting a Special Permit to allow the establishment of a 4-bedroom bed and breakfast operation within an existing dwelling and guest house on a 0.5-acre portion of an approximately 13.618-acre parcel of land in the State Land Use Agricultural District. The subject property is located at 2893 Kaiwiki Road, approximately 0.3 miles west of its intersection with Mailekea Road, Pauka`a Farm Lots, Pauka`a, South Hilo, Hawaii, TMK: (3) 2-6-011:001. APPLICANTS' REQUEST 1. Request: The applicants are requesting a Special Permit to establish a 4-bedroom bed and breakfast operation within an existing 1,700-square foot, 3-bedroom farm dwelling and a 442-square foot, 1-bedroom guesthouse.The applicants reside in an existing,3,148 square- foot, 4-bedroom farm dwelling and will act as on-site operators of the bed and breakfast. The bed and breakfast will provide overnight accommodation and breakfast for a maximum of 10 guests. The applicants have obtained approval for an Additional Farm Dwelling (AFD) and propose to change the designations of the existing dwellings so that the applicants' residence will be classified as the AFD while the primary farm dwelling will operate as the bed and breakfast. Additionally, the applicants propose to construct a 500- square-foot open-air pavilion near the bed and breakfast to be used by the applicants and guests. 2. Reason for Request: According to the applicants, detached bedrooms on the property have historically been provided for farm workers. The applicants would like to operate a bed and breakfast to generate supplemental income by offering rooms to short-term guests during times when less farm labor is needed and to provide a way for guests to learn about biointensive, regenerative farming practices, native plant conservation and forestry in Hawai`i. 3. Staffing/Employees: The bed and breakfast establishment will be operated by the applicants. -1- 4. Parking: Off-street parking is available as the applicants have designated 6 parking stalls for guests of the bed and breakfast. 5. Hours of Operation: The bed and breakfast will operate daily,with quiet hours from 9:00 PM to 8:00 AM. 6. Project Timetable and Cost: If the bed and breakfast establishment is approved, the applicants anticipate securing the issuance of necessary building permits within 6 months of the special permit approval date. Further,the applicants expect to complete the building permits within one year of issuance, with improvements estimated to cost approximately $50,000. 7. 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. 8. Landowner: Axel Kratel and Michelle Kratel. 9. Supportive Information: A Special Permit is required to operate a bed and breakfast establishment in the State Land Use Agricultural District. The applicants have submitted the attached in support of the request. (Planning Department Exhibit 1 —Special Permit Application dated December 24, 2023, and Additional Information dated February 27,2024) BACKGROUND INFORMATION 10. Building Permits: According to records on file with the Building Division, the following building permits have been issued and completed for the subject property: • Building Permit No. 941655: Completed on Nov. 6, 1995, for a 3-bedroom dwelling. • Building Permit No. 990078: Completed on May 10, 1999, for a 2-stall Barn. • Building Permit No. B2006-2531H: Completed on Nov. 30, 2009, for an addition/alteration to the existing dwelling. • Building Permit No. 2006-3104H: Completed on Nov. 30, 2006, for installation of solar hot water panels. -2- • Building Permit No. PW.B2022-004550: Completed on Dec. 22, 2022, for roof- mounted PV panels. 11. Open Building Permit: According to records on file with the Building Division, the following building permit has been applied for but has not been issued: • Building Permit No. PW.B2023-003831: Applied for on Oct. 9, 2023, for an as- built, detached 1-bedroom, 1-bathroom guest house, with as-built catchment tank and septic system. 12. Complaint and Closure Letter: County records show a complaint was submitted regarding the subject property, alleging operation of a vacation rental in non-agricultural buildings. Following an investigation, county inspectors resolved the complaint and issued a closure letter to the applicants with findings noting the presence of several unpermitted structures, including the barn having been converted to an unpermitted dwelling. At that time,the Planning Department requested that the applicants apply for all necessary permits for the existing structures. (Planning Department Exhibit 2 — Closure Letter dated October 31,2023). 13. Additional Farm Dwelling (AFD) Agreement (PL-AFD-2023-000061): An AFD was issued for the subject property on October 26, 2023, and recorded on November 8, 2023. STATE & COUNTY PLANS 14. State Land Use District: Agricultural. 15. General Plan Land Use Pattern Allocation (LUPAG)Map: The General Plan LUPAG map classifies the subject property as Important Agricultural Land(ial)which refers to land that has better potential for sustained high agricultural yields because of soil type,climate, topography, or other factors. 16. County Zoning: Agricultural-10 acres (A-10a). 17. Hamakua Community Development Plan (HCDP): The HCDP was originally adopted by the Hawaii County Council as Ordinance 2018-078 in August 2018. The HCDP objective is to promote,preserve and enhance a diverse, sustainable, local economy and to encourage the increase and diversity of employment and living options for residents, including living wage jobs and entrepreneurial opportunities that allow residents to work and shop close to home and that complement Hdmdkua's ecology, rural character, and cultural heritage. -3- 18. Special Management Area (SMA): The property is not within the County's Special Management Area and is located approximately 4 miles west of the nearest shoreline. 19. Coastal Zone Management: The entire State of Hawaii lies within the Coastal Zone Management area. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 20. Subject Property: The subject, 13.618-acre property is improved with a 3,148 square- foot, 4-bedroom primary farm dwelling, a 1,700 square-foot, 3-bedroom additional farm dwelling (AFD) and a 442 square-foot, 1-bedroom guest house. Additional existing structures include a 10,000-gallon catchment tank and 1,500-gallon septic tank serving the primary farm dwelling and a 10,000-gallon catchment tank and 1,250-gallon septic tank serving the AFD and guest house. While there are two completed building permits for the primary farm dwelling (132006-2531H and 941655), there is an open building permit (PW.B2023-003831) for the guest house, including a catchment tank and septic system. There are no building permits for the 3-bedroom AFD and County records indicate that the structure was originally a barn that was converted to an unpermitted dwelling. The applicants state that agricultural uses on the property consist of a farm that focuses on forestry, native plan conservation, soil regeneration, Christmas tree propagation, ornamental conifers, coffee&tea cultivation, carbon farming and timber production. 21. Surrounding Zoning/Land Uses: Properties surrounding the subject property are zoned Agricultural-10 acres (A-10a) and Agricultural-20 acres (A-20a), with uses consisting of agriculture,farm dwellings, and vacant lands. The closest residence to the subject property is located approximately 140 feet to the west. 22. U.S.D.A. Soil Type: Soils on the subject property are classified Kaiwiki hydrous silty clay loam, 10 to 20 percent slopes. 23. Land Study Bureau's Detailed Land Classification System: Soils within the project site are classified as "D" or"Poor" and"E" or"Very Poor" for agricultural productivity. 24. Agricultural Lands of Importance to the State of Hawai'i (ALISH): Approximately 60% of the property is classified as Prime Agricultural Lands and the remaining 40% is Unclassified. 25. 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. -4- 26. Flora/Fauna Resources: No formal flora/fauna study was submitted with the application. The subject property was previously cleared for construction of the existing dwellings and guesthouse and new construction will be limited to the proposed 500 square-foot open pavilion. According to the applicants, the site's vegetation consists of vegetable and fruit crops, gunpowder trees, albizia trees, guinea grass, trumpet trees, cook pine, sugar cane, golden pothos, ginger, koa, and introduced tree species such as Coast redwoods, pines, cypress, China fir, Japanese redwood, Asian Giant Sequoia, alder and podocarpaceae. In addition, animal species consist of bird species such as dove, Japanese White-eye, house finch and myna as well as domestic animals such as cats, dogs, goats, chickens and other animals such as rats and feral pigs. The applicants state it is possible that the Hawaiian Hawk, Hawaiian Owl and Hawaiian Hoary Bat are present in the surrounding area, however there are no known endangered species of plants or animals on the subject property. 27. 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 previous agricultural and current 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 that it is not known whether the subject property or immediate surrounding area was ever used for traditional and customary rights by native Hawaiians. 28. Public Access: There is no public access to the mountains or the shoreline that runs through the property. PUBLIC UTILITIES AND SERVICES 29. Access/Parking/Traffic: Access to the subject property is from Kaiwiki Road, a County- owned and maintained roadway with a 14-foot-wide pavement and a 50-foot-wide right- of-way. Guests will utilize an existing gravel driveway to cross the subject property and access guest parking stalls. 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, which the applicant will comply with. According to the applicant, traffic impacts are not anticipated to be significant and would remain -5- consistent with current levels, given the small scale of the proposed 4-bedroom bed and breakfast and that traffic will be limited to registered guests. 30. Water: The subject property is not served by the existing county water system and presently utilizes two 10,000-gallon water catchment tanks to meet residential and agricultural water needs. The applicant has noted that bed and breakfast guests will be provided with bottled water. 31. Wastewater: The subject property is not served by the existing county sewer system;thus, the applicant shall follow Department of Health (DOH) regulations for wastewater. The application states that the project will continue to use an existing 1,500-gallon septic tank, currently serving the primary farm dwelling and a 1,250-gallon septic tank, currently serving the AFD and guest house. 32. Solid Waste: According to the Department of Health(DOH),solid waste shall be properly recycled or disposed of at DOH-permitted solid waste facilities. 33. Food Service Operations: By definition, bed and breakfast establishments may only provide breakfast meals to guests. The Department of Health (DOH)has noted that a food establishment permit will be required if meals are to include "potentially hazardous food" or if the number of guests exceeds 6. If the bed and breakfast will only offer commercial cereal,pastries,breads,fruits,coffee,tea, and juice,then a food establishment permit is not required. However, the limited menu must be documented with DOH and the applicants must comply with other DOH requirements. 34. Essential Utilities and Services: Electrical, telephone and internet services are available to the subject property. The nearest fire and police stations are located in Hilo which is approximately 5 miles from the subject property. AGENCY COMMENTS 35. State Department of Health: (Planning Department Exhibit 3 — February 2, 2024, Memo). 36. State Office of Planning & Sustainable Development: (Planning Department Exhibit 4—February 23,2024, Letter). 37. Department of Finance - Real Property Tax: (Planning Department Exhibit 5 — January 25,2024,Memo). -6- 38. Department of Environmental Management: (Planning Department Exhibit 6 — February 8, 2024,Memo). 39. Department of Water Supply: (Planning Department Exhibit 7 —February 16, 2024, Letter). 40. Department of Public Works —Engineering Division: (Planning Department Exhibit 8—February 20,2024, Memo). AGENCIES—NO COMMENTS/NO CONCERNS 41. Police Department. AGENCIES—NO RESPONSE 42. Land Use Commission, Department of Land and Natural Resources, Department of Agriculture, Fire Department. PUBLIC COMMENTS There are no public comments as of the time of this writing. -7- Zoho Sign Document ID:2A6681DB-KZ_RKWCCT_MYAHJFSGCDJ8VX3PUQCWQCHQXCHT4FA80 SPECIAL PERMIT APPLICATION COUNTY OF HAWAI`I PLANNING COMMISSION (Type or legibly print the requested information) APPLICANT(S): Axel Kratel and Michelle Kratel APPLICANT'S SIGNATURE: `�4-° M-i-� DATE: Dec 24 2023 10:08 PST ADDRESS: 2893 Kaiwiki Road, Hilo, HI 96720 LIST APPLICANT'S INTEREST (if not owner): PHONE: (Bus.) 808-631-2329 (Res.) (Email) axel.kratel@cloudforest.com REQUEST: To operate a bed and breakfast TAX MAP KEY: (3) 2-6-011:001 ZONING: A-10a SIZE OF PROPERTY/AREA OF REQUESTED USE: 13.618 acres/0.5 acres LANDOWNER(S): Axel Kratel and Michelle Kratel FEE SIMPLE LANDOWNER(S) WRITTEN AUTHORIZATION (may be provided by letter with the below statement included): DATE: Dec 24 2023 10:08 1'1l�T Mv`u yl-e - DATE: Dec 18 2023 17:11 nnT 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: Land Planning Hawaii LLC AGENT ADDRESS: 194 Wiwoole St, Hilo, HI 96720 PHONE: (Bus.) 808-333-3393 (Res.) (Email)info@landplanninghawaii.com Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Agent COPIES: Applicant Planning Dept. Exhibit 1 COUNTY BACKGROUND & ENVIRONMENTAL REPORT COUNTY SPECIAL PERNHT REQUEST AXEL KRATEL & NHCHELLE KRATEL KAIWIKI HOMESTEADS, SOUTH HILO,HAWAI`I TNIK: (3) 2-6-011: 001 (por.) 1 Table of Contents 1. INTRODUCTION...........................................................................................................................4 11. PROJECT DESCRIPTION............................................................................................................6 3A. Project Concept and Components ...............................................................6 3B. Subject Property Description........................................................................6 3C. Institutional Considerations ........................................................................15 StateLand Use...................................................................................................................... 15 SpecialManagement Area.................................................................................................... 15 County Zoning and General Plan.......................................................................................... 15 GeneralPlan Discussion ....................................................................................................... 17 Hamakua Community Development Plan ............................................................................ 1S 3D. Surrounding Zoning and Land Uses...........................................................19 3E. Flood Insurance Rate Map.........................................................................19 3F. Archaeological Resources .........................................................................19 3G. Valued Cultural Resources ........................................................................21 3H. Flora and Fauna Resources.......................................................................21 31. Public Access.............................................................................................22 3J. Description of Access.................................................................................22 3K. Traffic Impacts............................................................................................22 3L. Availability of Utilities..................................................................................23 111. REGULATORY ANALYSIS.........................................................................................................23 4A. Coastal Zone Management........................................................................23 3B. Impacts to Surrounding Properties.............................................................23 4C. Impacts to Public Agencies ........................................................................23 4D. Unusual Conditions....................................................................................23 4E. Land Suitability for Permitted Use..............................................................24 4F. Land Character and Present Use...............................................................24 4G. Relationship to General Plan......................................................................25 4H. Unusual and Reasonable Use....................................................................25 2 Figures Figure 1 —Location Map: ......................................................5 Figure 2 — Conceptual Site Plan.............................................7 Figure 3 —B&B Floor Plan....................................................8 Figure 4 — Guest House B&B Floor Plan ..............................9 Figure 5 —Zoning Map..........................................................10 Figure 6 —LUPAG Map ........................................................12 Figure 7 —Land Study Bureau Map.......................................13 Figure 8 —ALISH Map..........................................................14 Figure 9 — State Land Use Map .............................................16 Figure 10 —Flood Hazard Map..............................................20 3 I. INTRODUCTION Axel and Michelle Kratel ("applicants") are requesting a Special Permit to operate a 4- bedroom bed and breakfast on the subject agriculturally zoned property. The property is located at 2893 Kaiwiki Road, approximately 4.5 miles west of the intersection of Kaiwiki Road and Wainaku Street in Hilo, HI (Figure 1). It consists of 13.618 acres of land and contains an active biointensive regenerative farm with a focus on forestry and native plant conservation and soil regeneration and specializing in Christmas tree propagation, ornamental conifers, coffee and tea, carbon farming and timber production. The applicants own and manage the farm and live in an existing 4-bedroom farm dwelling on the property constructed in 1995 and permitted under Building Permit Nos. 941655 and B2006-2531H. The property also contains an "As-Built" guest house consisting of 1 bedroom, 1 bathroom, and a living/dining space and an additional farm dwelling containing three (3)detached bedrooms. The guesthouse is currently used as a hosted rental and the applicants recently submitted an "As-Built" building permit application to permit it. That permit application, PW.B2023-003 83 1,is currently processing with the Building Division. An Additional Farm Dwelling Agreement(AFDA)has been issued for the additional farm dwelling and"As-Built" plans for the additional farm dwelling are currently being finalized by an architect. Once the AFDA has been recorded with the Bureau of Conveyances, an "As- Built' building permit application will be submitted for the additional farm dwelling. The applicants are requesting a Special Permit to operate the guesthouse and 3-bedroom farm dwelling as a 4-bedroom bed and breakfast. The maximum occupancy of the bed and breakfast would be 10 guests and the applicants, who reside in the other farm dwelling on the property,will serve as the on-site caretakers. Additionally, in conjunction with this Special Permit request,the applicants request to swap the designations of the two dwellings so that the structure currently considered the primary farm dwelling, in which the applicants live, becomes the additional farm dwelling and the structures currently considered to be the additional farm dwelling and guest house,which will be used as the bed and breakfast, becomes the primary farm dwelling with guest house. Historically,the applicants have offered some of the detached bedrooms as housing for farm workers on the property. Approval of this bed and breakfast permit request will allow them the ability to generate supplemental income by offering the rooms to short-term guests during times when less farm labor is needed. In addition to generating supplemental income,the applicants hope that the overnight accommodations on their farm will raise awareness of and interest in biointensive regenerative farming practices and native plant conservation and forestry, as well as the importance of supporting local farmers in Hawaii County. An approximately 500 square foot open air pavilion is proposed on the lawn near the bed and breakfast to provide the landowners and their guests a covered area from which to relax and enjoy views of the farm. 4 pO'leEl�9i NII ` LU ui Z W "^e�tl• "° " MI °'d+plR ''-�' m /��// oaq ro�i uwi U) � $uFF FM p FF ^�5 41 mYRFe a>! c� c P T < y } NII NCI 0 0 �® NyaF k � NII N�.. aao � �2 b -• ®�s k��o Z ' f4 NII ®TpRY o&g00� �p Q 2sp $ NII a a a$ -• ® e8 i t ,.. CL Lu OM 611 t 3 - t r i _ p m p��=Z� o wupn NAF a1m;; 1 aT ..j diF4kmnZh �.. a hy�Fw a,e < R . `gym �ccW W uercF3w2"/ � +II W ` � n •Fpi � ,.. N O II. PROJECT DESCRIPTION 3A. Project Concept and Components The applicants respectfully request a Special Permit to operate a bed&breakfast on a portion of the subject 13.618-acre agriculturally zoned property. The bed and breakfast will consist of a guest house and a 3-bedroom dwelling. Both the guest house and the 3- bedroom dwelling are currently undergoing "As-Built" permitting. The applicants also propose to swap the current designation of the existing primary and additional farm dwellings so that the structures currently designated as the additional farm dwelling become the primary farm dwelling and serve as the bed and breakfast(Figure 2). The applicants propose the following elements as part of the Special Permit: 1. An existing 442 square foot guest house and an existing approximately 1,700 square foot additional farm dwelling containing 3 detached bedrooms will be permitted and designated as the primary farm dwelling to be operated as a 4-bedroom bed and breakfast for up to 10 guests (floor plans attached as Figure 3-4). 2. The existing permitted 4-bedroom farm dwelling on the northern side of the property will be designated as the additional farm dwelling and will be used as the primary residence of the landowners. The landowners will serve as the on-site operators of the bed and breakfast. 3. Wastewater will be handled via the existing permitted Individual Wastewater Systems with sufficient capacity to support the project. 4. Parking: Six (6) designated on-site gravel parking spaces are available to guests of the bed and breakfast. 5. Water: The property contains two 10,000-gallon rainwater catchment tanks —one to serve each of the dwellings. This should be sufficient for residential and emergency uses. Bottled water will also be made available to guests. 6. Access: Access will be via Kaiwiki Road, a County owned and maintained roadway. Guests will utilize an existing gravel driveway to cross the property and reach the guest parking stalls. 7. Agricultural uses with thick vegetation will mitigate potential noise and visual impacts to surrounding properties. 313. Subject Property Description The subject site, identified as TMK(3) 2-6-011:001, consists of 13.618 acres zonedA- 10a(Figure 5). The parcel is located at 2893 Kaiwiki Road, approximately 4.5 miles 6 a LU ( \/o a o @�A aE )\ : ) EIW 9 30N3alS3U l31Vld�i UO=l ` a \ N All � \\ \ > > \ 2 a e:Z G©: -02 \ . ` x : / ) y . J„� z O � w GVOH IAIMIVA C62Z �R o o m m llWb3d inOHlIM iHViS AHOM — <w w� mM Q w AONAGISAIJ �ELMA 1 2AOJ w Y i EisnOH isEine o W� m� U� O2 O,y ❑< Z_Q O 2 I Q .4i bl Z U .E,61 .s,E O Z Z LL 0 K Oml I I I z 0 Z _0 a ww LLJ W J W 0 z ® a z ---------------- Em g a 0 Ei 0 LL ol NIL] U 1. TO oLm o - 0 2 rrwo w w D N ONE oo� - a (Y) �W Q LD I 0 o 81 g U) e a w p i-- 0 o � o 0 _ o N ¢ E — �s M 00 E Ell 0. 0 U z z o 0 LU Cf) `_ tE CIVO2l I>IIMIV>I£68Z o w6LL� o o 0 30N341S321 l31bRi�i 2i0=l w= m M o a W UJL � � 003 OYY ~ FW Z Q 91-.91 9-Al T. 3x p� ❑< Z_Q ZF O2 WJ ❑N :E:IM Z¢0 �� Om Asp ~ V//I U)LU z z W a a a LL \ z /� O w � w J W 0 z a O O J LL E'p W O 3mm O �tm ❑ D OW �3N N mU N OO m 3aors ^o �❑2 V,I^ �mry mmm LA_ � � a a p q om o w pl J � So - (L D LL w Ofx b0 LL EAZLL CO `_a o CIVO2l I>IIMIV>I£68Z o 0 �M of 30N341S3U l31Vldyi UO=l QW mu � 2 3 - - .9x.9 mopuim lel - 8 = x _— 'a J 11 O V I fo 3 o Ilr `o LU o , LU ui w m 3 W a o x I m m � I s 3 ^ � ILL I Q uj .9x.9 mapuimllal .. Cl) 3 O IL O LL m 3 8 m 3,, �9x�9 moPuim)a) J I�aanvmxlw O1-.91� W U Z O U Ed O w `_ CIVO2l I>IIMIV>l£68Z 0 a- o�x a Lf2%saes_ o O Q 3p== 30N341S3U l31VU1 i 2U0=l O Q 2 ss� i 0 � � 0 � 0 0 0 0 0 _ it � a mowN/ (V LL O VJ''^^ N Z ,LLLL^^ O V/ z TFMTMTFFFFFFfl O LU W LU J LLJ W U) W O a a ME w O rH ----------- a a 0 a LU z 0 /\ \ : { re f »/ { 7 \ / \ y {/ } 0 y ) \ coB A / G _ - , 0 {) - r \} - g ° Ga ° U) \ 0 I o (/ . . , /) [ ^ }} \ \ ^ \ / C \ CU \ 7w 75 m L 2 C \ g 5 = z 0 o$ � U E | / 7 3 z { LO \ I } Lij . 2 w � ^ . \ � ¥ { / f: jLLJƒ \ � / } R H k � c $ % ca k E ca 0- G I .§ .. N / 2:% & \ / � cu / o / a a . � $ % = west of its intersection with Wainaku Street in South Hilo, HI(Figure 1). Access to the parcel is from Kaiwiki Road, a County owned and maintained paved roadway. This area of the South Hilo District is considered Lava Zone 8, on a scale ranging from 9 to 1 (least hazardous to most). The site is located approximately 4 miles from the coastline and is not in a Conservation District or Special Management Area. A stream bisects the property in the north-south direction. The Land Use Pattern Allocation Guide (LUPAG) designates this land as important agricultural lands (Figure 6) and the Land Study Bureau classifies the soils for this property as roughly half"E" (very poor) and half"D" (poor) (Figure 7). Under the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system,the subject site is mostly considered prime with an area along the stream being unclassified (Figure 8). The U.S. Department of Agricultural Natural Resource Conservation Service (MRCS)has designated the soil type for the property as Kaiwiki hydrous silty clay loam with 10 to 20 percent slopes. This soil type is formed by ash fields on lava flows. The soil is considered well drained with a medium runoff class. The applicants have established a significant amount of biointensive regenerative agricultural activities on the property and have worked hard to remove invasive species and plant with natives. The portion of the property west of the stream contains a timber, carbon sequestration and fruit tree forest with a coffee and tea understory, planted with a variety of native trees and conifers, including coast redwoods,native Koa, lumber pines, cypress, China fir, Japanese redwood and Asian giant sequoia. This forest area also includes a variety of spice trees,tea plants and rainforest fruit tree crops compatible with the forest canopy. The areas east of the stream have been cleared for both residential and agricultural uses. The agricultural activities on the east side of the property include an established tree nursery with approximately 900 Christmas trees, a variety of other ornamental conifers and a variety of tropical fruit trees, as well as several native plants for pollinator habitat which were funded in part through a NRCS grant. This portion of the property also contains vegetable gardens, fruit orchards and rotational pasture paddocks for 15 goats. The applicants request to use an existing dwelling and guest house located on the property as the bed and breakfast. The project area is just above the east bank of the stream on a grassy area of the property. The landowners also propose to construct an approximately 500 square foot open air pavilion on the lawn beside the bed and breakfast. The pavilion will provide the landowners and guests a covered area from which to relax and enjoy views of the farm while also serving as a coffee and tea drying area. 11 7 N Q Q O Q Y U W N W a T t O W= - m � N EW s O n x * 00 0 o a° N41 F u O - f T N O O 3 U n ■ N O U O 0 �p s O � N `o C¢7 0 0 • O O Z s r � # { ¢o m Q # } • Q U n Z n (6 N �fx W� 4 N i t (6 -6 O � T O Im 5 CO � + _ N ' 0 T ■ �• O � � N 0 O Q • U U m m / # o J 6 `o CD �f C fl- 0 3 W ry • � .= Y rn F o w � m0 2 -0 H ■ m < l�J � o t c o 0 O m O J LO Q O N - Q i> � M o • N ? C) E N -o c N C N J _ UN i C N U O Z N Q IZ u N O L O 1' m o N 0 a > o = o O 0 7 CO n � � 0 8z o U)a • w o z � m O n 0 O O ° s 0 O s 5 ~Ir `o Z O O O =Q _ m o U �- Y Q n z o J o Z s 0 t LU coo ry C T O� U a Y L o }� Ul N 0 O 4 Q T L 6I 10 C � O m U U a H c co 0 t c 3 J F3 0 lw o L O W rI' L J N Q ■ � 0 N co M � O 4 m M NCD ` N U) 0 W N "a + co co _ UN ■ C N U O Z N Q Q u N o Q O 1' O m o o = o O U) 7 CO n � ■ —cn NO o w � o $Z o U)i + w oYU �Z � O U) O �° O O ,N n O ° s o o s ~ Ir `o z o o OQ m Y Q n o U J U Z s 0 m o T (6 J 0 a l# � (6 O 5 C T MO ,n W N Q _ L Q cl 6 � Q J 6 o W N m • U E M' W # _ _ m W ry cu o 4-- F O N fB • U) O N :IF a) O N �+ U fB C a � cu � 7 cd Q Q — C ■ N O O N M � U fB to � J � Ncu F L O - N O) • Q 3C. Institutional Considerations State Land Use The subject site is designated State Land Use Agricultural(Figure 9), and the Special Permit area consists of an approximately 0.5-acre portion of the parcel. As such, no State Land Use Commission action is required. The County of Hawaii can process the Special Permit request. As mentioned above,based on the Land Study Bureau Overall Master Productivity Rating, the subject property is classified as roughly half"E" (very poor) and half"D" (poor) (Figure 7). Under the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system, the subject site is mostly considered prime with an area along the stream being unclassified (Figure 8). The U.S. Department of Agricultural Natural Resource Conservation Service (MRCS)has designated the soil type for the property as Kaiwiki hydrous silty clay loam with 10 to 20 percent slopes. Granting of this request would promote the effectiveness and objectives of Chapter 205, Hawaii Revised Statutes, as amended. In the case of the Agricultural District,the State Land Use Law is intended to preserve or keep lands of high agricultural potential in agricultural use. However, in recognizing that lands within agricultural districts might not all be best suited for agricultural activities and yet classified as such, and in recognition that certain types of uses might not be strictly agricultural in nature, yet reasonable in such districts, Hawaii Revised Statutes §205-6 allows County Planning Commissions to permit certain unusual and reasonable uses within the Agricultural and Rural districts other than those for which the district is classified. In this case, the requested use will be located within an existing dwelling and will be subordinate and incidental to the principal use of the property as the applicants' residence and farm. The majority of the remaining property will continue to be used for agricultural activities and thus the use will not displace existing agricultural activity or diminish the agricultural potential of the property. Therefore, the use will not adversely affect the preservation and agricultural use of the property and is not contrary to the objectives sought to be accomplished by the State Land Use Law and Regulations. Special Management Area The subject property is approximately 4 miles inland from the coast and is outside of the designated Special Management Area. Coun . Zoning and General Plan The subject property is zoned A-]Oa(Figure 5). The County General Plan Land Use Pattern Allocation Guide (LUPAG)map designates the parcel as important agricultural land(Figure 6). Relative to this designation, the General Plan allows 15 7 E N Q Q O Q ■ Y U LL N W a T t O W= - m � N ru s O n x * 0 00 0 o w N F u c 41 - � � o o 0 f17T N O O 3 o U n ■ Ln O U U 0 p s O N `o C¢7 0 0 • O O Z s r � W Q Z n / O N ■f x Lu _ 4 N t ■ f4 � O T a z _ o N 0 O Q L � � U _ W a� M 10 f/j L (Q O f # CO Li ;. Q Q 1 L 3 c0 E T -0 w Wry Y L 00 ww a co 0 • # U'^) 0- L vJ � L _ a Q H # ,. u J N ■ C O • U # 0- LO C N N i M O C C N O • N J Q U N N N � k N � consideration for a"Special Permit" on agricultural land where the requested use meets certain criteria as outlined in Section 4 of the permit application and Chapter 205 of the Hawaii Revised Statues as amended. General Plan Discussion The Hawaii County General Plan serves as a guide for decision-makers in land use matters. The proposed project is conducive to the General Plan's guidelines as it conforms to the following goals, policies, and standards of the General Plan: Economic Elements: 2.2 Goals (a) Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. (b) Economic development and improvement shall be in balance with the physical, social, and cultural environments of the island of Hawai`i. (c) Strive for diversity and stability in the economic system. (d) Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. (e) Strive for an economic climate that provides its residents an opportunity for choice of occupation. (f) Strive for diversification of the economy by strengthening existing industries and attracting new endeavors. 2.3 Policies (c) Encourage the development ofa visitor industry that is in harmony with the social,physical, and economic goals of the residents of the County. (f) Support all levels of education, employment and training opportunities and Institutions Environmental Elements: 4.2 Goals (a) Define the most desirable use of land within the County that achieves an ecological balance providing residents and visitors the quality of life and an environment in which the natural resources of the island are viable and sustainable. 17 Land Use Elements: 14.1.2 Goals (a) Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. 14.1.3 Policies (f} Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. 14.2.3 Policies (u)Encourage other compatible economic uses that complement existing agricultural and pastoral activities. Discussion: Approval of the requested Special Permit would be in line with the aforementioned economic, environmental and land use goals and policies of the General Plan by providing an opportunity for the applicants to offset the costs of their farm by generating supplemental income through the operation of a bed and breakfast on the property. The applicants believe that the bed and breakfast will not detract from the ongoing farming activities they have established on the property,but rather enhance them by generating supplemental income and increasing awareness of and interest in the importance of supporting local farmers in Hawaii County. The conifer nursery and timber forest will provide an enriching and peaceful backdrop for guests to enjoy and appreciate nature, while the ability to host overnight accommodations will help the applicants offset the costs of the farm and operate with greater success and sustainability. Hamakua Community Development Plan The subject property is located within the Kaiwiki community identified in the Hamakua Community Development Plan (HCDP). The HCDP attempts to further define the General Plan and serve as a guide for decision-makers. The proposed Special Permit request is conducive to the following objectives outlined in the HCDP: Objective 2:Protect and restore viable agricultural lands and resources. Protect and enhance viewscapes and open spaces that exemplify Hdmdkua's rural character. Objective 8:Promote,preserve and enhance a diverse, sustainable, local economy. 18 Objective 9:Encourage the increase in diversity of employment and living options for residents, including living wage jobs and entrepreneurial opportunities that allow residents to work and shop close to home and that complement Hdmdkua's ecology, rural character, and cultural heritage. Objective 11:Enhance and promote local and sustainable agriculture,farming, ranching, renewable energy, and related economic support systems. Discussion: The applicants' biointensive regenerative approach to farming seeks to restore the agricultural viability and productivity of the property by improving the overall soil quality for sustainable, long-term production and to restore the watershed. The Special Permit area, which consists of an approximately 0.5-acre portion of the property will not impair the ongoing agricultural activities. Rather, the applicants intend for the bed and breakfast accommodations to complement the agricultural activities by providing the applicants with an additional stream of income which will aid in the overall economic stability and success of their farm while also bringing awareness to the importance of sustainability and supporting local agriculture. Furthermore, approval of the Special Permit request will allow the applicants an entrepreneurial opportunity to diversify their income streams. 3D. Surrounding Zoning and Land Uses The subject parcel and surrounding area are zoned Agricultural 10-acre (A-IOa) (Figure 5). Parcels in the area range in size from approximately 10 to 16 acres. The area contains a mixture of residential and agricultural uses. The subject special permit request would remain in keeping with the surrounding residential and agricultural uses and would only allow overnight accommodations for up to 10 individuals. The impacts from such a small number of guests would be minimal. Additionally, farm and forest vegetation will serve to buffer views from nearby properties. 3E. Flood Insurance Rate Map The Federal Emergency Management Agency's Flood Insurance Rate Map (FIRM) designates the subject property to be in Flood Zone X(areas outside of the 500-year flood) (Figure 10). 3F. Archaeological Resources It is unlikely any archaeological or historic resources will be encountered on the property. The area of the Special Permit request has been previously cleared and used for residential and agricultural purposes for many years. Furthermore,the only new ground disturbance proposed is an approximately 500 square foot pavilion which will be constructed on an existing maintained lawn near the bed and breakfast.Nevertheless, in the event any inadvertent discoveries are made during any land disturbance activity 19 -- �" x .One A. .19 '• r.7 '' , 3' 1 �•� r - n �a BASEMAP: FIRM BASEMAP - ;4 5989• b- Flood Hazard Assessment Repo • - -• • •• • - •• www.hawaiinfip.org SPECIAL FLOOD HAZARD AREAS (SFHAs) SUBJECT TO INUNDATION BY -{ THE 1%ANNUAL CHANCE FLOOD -The 1%annual chance flood (100- _.f, year),also know as the base flood,is the flood that has a 1%chance of \ - being equaled or exceeded in any given year.SFHAs include Zone A,AE, -...... AH,AO,V,and VE.The Base Flood Elevation (BFE) is the water surface elevation of the 1% annual chance flood. Mandatory flood insurance Property Information Notes: purchase applies in these zones: COUNTY: HAWAII Zone A:No BFE determined. TMK NO: (3)2-6-011:001 Zone AE:BFE determined. WATERSHED: MAILI PARCEL ADDRESS: 2893 KAIWIKI RD Zone AH:Flood depths of 1 to 3 feet(usually areas of ponding); HILO,HI 96720 BFE determined. Zone AO: Flood depths of 1 to 3 feet (usually sheet flow on Flood Hazard Information sloping terrain);average depths determined. FIRM INDEX DATE: SEPTEMBER 29,2017 Zone V:Coastal flood zone with velocity hazard(wave action); LETTER OF MAP CHANGE(S): NONE no BFE determined. FEMA FIRM PANEL: 1551660675F Zone VE:Coastal flood zone with velocity hazard(wave action); BFE determined. PANEL EFFECTIVE DATE: SEPTEMBER 29,2017 Zone AEF: Floodway areas in Zone AE. The floodway is the channel of stream plus any adjacent floodplain areas that must be kept free of encroachment so that the 1% annual chance flood can be carried without increasing the BFE. NON-SPECIAL FLOOD HAZARD AREA-An area in a low-to-moderate risk THIS PROPERTY IS WITHIN A TSUNAMI EVACUTION ZONE: NO flood zone.No mandatory flood insurance purchase requirements apply, FOR MORE INFO,VISIT:http://www.scd.hawaii.gov/ but coverage is available in participating communities. THIS PROPERTY IS WITHIN A DAM EVACUATION ZONE: NO Zone XS(X shaded):Areas of 0.2%annual chance flood;areas of FOR MORE INFO,VISIT:http://dlnreng.hawaii.gov/dam/ 1%annual chance flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 1%annual chance flood. Zone X:Areas determined to be outside the 0.2%annual chance 0 400 800 ft floodplain. Disclaimer:The Hawaii Department of Land and Natural Resources(DLNR)assumes no responsibility arising from the use,accuracy,completeness, and timeliness of any information contained in this report. Viewers/Users are OTHER FLOOD AREAS responsible for verifying the accuracy of the information and agree to indemnify the DLNR,its officers,and employ- ees from any liability which may arise from its use of its data or information. Zone D: Unstudied areas where flood hazards are undeter- mined, but flooding is possible. No mandatory flood insurance If this map has been identified as'PRELIMINARY,please note that it is being provided for informational purposes purchase apply,but coverage is available in participating commu- and is not to be used for flood insurance rating.Contact your county floodplain manager for flood zone determina- nities. tions to be used for compliance with local floodplain management regulations. FIGURE 10 relating to this project,work will cease, and the applicant will immediately notify the Planning Department and the State Department of Land and Natural Resources and secure their clearances before proceeding further. 3G. Valued Cultural Resources In view of Hawaii State Supreme Court's "PASH" and "Ka Pa`akai O Ka Aina" decisions,the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically,there must be a discussion of the cultural,historical and natural resources and associated traditional and customary practices of this site. The requested action involves utilizing an approximately 0.5-acre already developed portion of the property as a bed and breakfast. No archeological, historical or cultural resources are known to be located on the property. It is not known whether the subject site or immediate surrounding area was ever used for traditional and customary rights by native Hawaiians. Since the site has been used extensively for residential and agricultural purposes for the last several years, it would appear unlikely that the site would serve such a purpose today and/or in the recent past. As no new land clearing is proposed by the Special Permit request,the proposed use makes the discovery of new resources unlikely. However, in the event any archeological resources were to be found on the property, all uses of the land would cease, and the Department of Land and Natural Resources State Historic Preservation Division would be contacted immediately. Based on the above, it does not appear that the project would have any potential adverse impact relating to the cultural and historical resources of the area. 3H. Flora and Fauna Resources Although there was no professional survey of the floral and faunal resources of the site, the parcel has been developed for residential and agricultural use for several years. As such,the applicant does not believe that any rare or endangered floral or faunal resources are likely to be found on the site. Thus, it is unlikely that this project would cause any adverse faunal impacts. Introduced bird species such as dove, Japanese White-eye,house finch and myna are common in the area. Domestic animals such as cats, dogs, goats, chickens and other animals such as rats and feral pigs are also common and are not considered endangered. It is possible that the Hawaiian Hawk(Buteo solitarius) and Hawaiian owl (Asio flammeus sandwichensis)may use the area. The endemic Hawaiian hoary bat(Lasiurus cinereus semotus) also may utilize the site as they are far ranging and utilize diverse habitats across the island. However,the only new construction proposed is the installation of an approximately 500 square foot open air pavilion on an already cleared portion of lawn beside the bed and breakfast. Thus, potential impacts to native birds and the Hawaiian hoary bat should be minimal. 21 In addition to the farmed vegetable and fruit crops planted on the property,vegetation on the site consists of gunpowder tree (Trema orientale), albizia (Falcataria moluccana), guinea grass (Urochloa maxima),trumpet tree (Cecropia obtusifolia), cook pine (Araucania columnaris), sugar cane (Saccharum), golden pothos (Epipremnum pinnatum), ginger(Hedychium gardnerianum),koa(Acacia koa), and several planted tree species including Coast redwoods (Sequoia sempervirens),pines (Pious radiates, Pinus carribea, Pinus montezumae, Pinus yunnanensis, Pinus hanguaensis), cypress (Cupressus glabra, Chamaecyparis lawsoniana, Cupressus lusitanica, Cupressus nootkatensis), China fir(Cunninghamia lanceolate), Japanese redwood(Cryptomeria Japonica),Asian Giant Sequoia (Taiwania cryptomerioides), alder(Alnus nepalensis), and podocarpaceae. Again, as the requested use proposes no new land clearing,the project does not anticipate an impact to floral resources. 3I. Public Access The subject parcel is located approximately 4 miles from the shoreline. As such,no public shoreline access will be affected by this request. M. Description of Access The parcel is located on the south side of Kaiwiki Road, a County owned and maintained paved roadway, approximately 4.5 miles from the intersection of Kaiwiki Road and Wainaku Street. Upon entering the property, guests will access the bed and breakfast accommodations via a gravel driveway through the middle of the property. Gravel parking areas on the property can accommodate up to six (6) cars. 3K. Traffic Impacts Traffic in the area is generally low. Properties in the surrounding area are zoned A-10 and primarily range in size from approximately 10 to 16 acres. Traffic in the area consists mainly of landowners and their guests. The only new construction proposed by the project includes the installation of an approximately 500 square foot open pavilion, although it is possible that minimal alterations to the bed and breakfast dwelling and guest house may be necessary in conjunction with the "As-Built" permit process. Consultation with a design professional indicates that any necessary alterations would be minimal and would not require any change to the footprint of the structures. Thus, any vehicular trips related to construction activities for the Special Permit use would be minimal and consistent with residential-type projects. Traffic generated from the bed and breakfast would be limited to registered guests (with a 10 guest maximum) and would remain consistent with the current residential and agricultural levels. Thus, the proposed use will not represent a significant increase in traffic. 22 3L. Availability of Utilities HELCO power is available and connected to the site. Water is provided via rainwater water catchment tanks and additional bottled water will be made available to guests for potable purposes. The property contains two permitted individual wastewater systems with sufficient capacity for the proposed uses. III. REGULATORY ANALYSIS 4A. Coastal Zone Management The proposed use is not contrary to Chapter 205A, Coastal Zone Management as the subject parcel is approximately 4 miles from the shoreline. There are no public access, scenic or open space resources on the subject site. 3B. Impacts to Surrounding Properties The proposal to operate a bed and breakfast within an existing dwelling and guest house on the subject property will not have a significant adverse impact to the surrounding properties. The subject property is surrounded by large agricultural lots and so there are few homes proximate to the proposed Special Permit Area. Furthermore, the subject property hosts a large tree nursery and contains several acres of carbon farming and timber forest. Thus,potential impacts to adjacent properties from the proposed use will be mitigated by screening vegetation. The proposed use may generate a modest increase in traffic, but that will be limited to no more than 10 registered guests and is anticipated to result in no more than 3 additional peak hour trips. The applicants will be on-site to address any guest needs as well as to ensure that guests adhere to the "Good Neighbor Policy" as outlined in the Hawaii County Zoning Code by requiring quiet hours from 9:00pm to 8:00am and that guest vehicles are parked in the designated on-site parking areas. 4C. Impacts to Public Agencies The proposed project will not unreasonably burden public agencies to provide roads and streets, sewers,water, drainage, school improvements, and police and fire protection. The subject site is accessible via Kaiwiki Road and no additional utilities will need to be provided by public agencies. The applicant assumes the responsibility to provide water to the property for potable use and fire suppression. 4D. Unusual Conditions In recognizing that lands within agricultural districts might not be best suited for agricultural activities and yet classified as such, and in recognition that certain types of uses might not be strictly agricultural in nature, yet reasonable in such districts, Hawaii Revised Statutes §205-6 allows County Planning Commissions to permit certain unusual 23 and reasonable uses within the Agricultural and Rural districts other than those for which the district is classified. The subject property is in the Agricultural district, but is classified by the Land Study Bureau Overall Master Productivity Rating as roughly half"E" (very poor) and half"D" (poor), which are the lowest productivity classes. In order to restore nutrients to the soil and maintain the agricultural potential of the property, the applicants have established several biointensive regenerative agricultural activities on the property including an established and growing conifer nursery,timber forest and extensive vegetable gardens and fruit orchards. However,the forestry operations and conifer nursery are slow to provide income and it has been difficult for the applicants to maintain the financial feasibility of the farm. Approval of the applicants' request to utilize a small portion of the property to operate a bed and breakfast will allow the applicants to utilize existing improvements on the property to offset the costs of the farm by supplementing their agricultural income with the unusual,yet reasonable, proposed bed and breakfast accommodations. Thus, the Special Permit seeks to establish a bed and breakfast on this property while keeping with the intent of the agricultural district. Therefore, it is reasonable that the applicants be permitted to pursue this unusual use in the Agricultural district. 4E. Land Suitability for Permitted Use As mentioned above, according to the Land Study Bureau Overall Master Productivity Rating,the subject property is classified as roughly half"E" (very poor) and half"D" (poor),the lowest productivity classes. Although the land on which the proposed project is located is not well suited for agricultural uses,through biointensive regenerative practices, the applicants have successfully established several agricultural uses on the property. However, establishing and maintaining the farm has required a significant investment and the farm has been slow to produce a viable source of income. 4F. Land Character and Present Use The proposed use will not substantially alter or change the essential character or use of the land. The property serves as the principal residence of the landowners,who have established various agricultural uses on a significant portion of the property. Those uses will continue under the proposed request which intends to utilize existing structures on a small portion of the property to complement the existing agricultural uses in a manner that is unusual, reasonable and mutually beneficial to both. Thus,the use of the property as a bed and breakfast will be subordinate and clearly incidental to the principal use of the property as the landowners' residence and farm. Therefore, the Special Permit request will not alter or be detrimental to the essential character of the land or surrounding area; rather, it will assist the landowners in realizing the property's potential through the addition of an unusual,yet compatible and reasonable use. 24 4G. Relationship to General Plan The proposed use will not be contrary to the goals,policies, and standards of the General Plan or the Hamakua Community Development Plan. As discussed in Section 3C, the proposed use conforms to the General Plan's economic, environmental and land use goals and policies. Further, the project will provide the applicants an opportunity to offset farming costs through the realization of their entrepreneurial goal to operate a bed and breakfast. 4H. Unusual and Reasonable Use The proposed use is an unusual and reasonable use of the land, which would not be contrary to the objectives sought by Land Use Law and Regulations,which, for the Agricultural District, seek to preserve or keep the land of high agriculture potential in agriculture usage. Lands in the Agricultural District include areas with a high capacity or potential for agricultural uses but also lands which are surrounded by or contiguous to agricultural lands and which are not suited to agricultural uses by reason of topography, soils or other related characteristics. The land on which the proposed bed and breakfast would be located is not well suited for agricultural use as it is classified by the Land Study Bureau as roughly half"poor" and half"very poor". Although the applicants do farm a majority of the land, approval of this Special Permit request will enable them to optimize the overall use of the land by operating a bed and breakfast within an existing dwelling and guest house on the property. In so doing, the applicants will be able to offset farming costs with income generated by the bed and breakfast while offering guests an opportunity to view and learn about sustainable and regenerative farming practices. Therefore, the subject property is an usual yet reasonable setting for the proposed bed and breakfast and the proposed use will not adversely impact the agricultural land inventory in the County of Hawaii nor would it be contrary to the intent and purpose of the State Land Use Law. 25 LAN D'* '` �> PLANNING 194 Wiwoole St. Hilo, HI 96720 (808) 333-3393 H AWA I I L L C info@landplanninghawaii.com February 27, 2024 Mr. Jeffrey Darrow, Deputy Director Planning Department County of Hawaii 101 Pauahi Street Hilo, HI 96720 Dear Mr. Darrow: Subject: Additional Information for Special Permit Application (PL-SPP-2024-000061) Applicant: Axel and Michelle Kratel TMK(3)2-6-011: 001, South Hilo District, Hawaii This letter is intended to provide the requested additional information pertaining to the subject Special Permit Application. As noted in the application, the request is to permit and utilize an existing farm dwelling and guest house as a 4-bedroom bed and breakfast. A building permit application has already been submitted for the guest house and the applicants' design professional is in the process of completing and submitting a building permit application for the dwelling. It is anticipated that only minor alterations to the structures will be needed to complete those permits once they are issued. Otherwise,the only new construction proposed is a small open pavilion on the lawn beside the dwelling. All improvements are estimated to cost approximately $50,000.00. The applicants anticipate issuance of the necessary building permits within the next 6 months and completion of those permits within one year of issuance. We trust that everything is in order for your acceptance and processing of this notification. If not, or if there are questions relating to this matter,please feel free to direct them to me. Thank you very much. Sincerely, John Pipan Planning Administrator Land Planning Hawai`i LLC Mitchell D.Roth O°N`�,OF h4!+� Zendo Kern Mayor Director Lee E.Lord Jeffrey W.Darrow Managing Director Deputy Director ,TE OF�NF'� West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwy 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawaii Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 October 31, 2023 Axel Kratel Michelle Kratel Via email: Dear Landowners: SUBJECT: Closure Letter Violation: Vacation Rental in the Agricultural (A-3a) Zoning District File No: ZCV-2019-024E TMK: (3) 2-6-011:001, 2893 Kaiwiki Road, Kaiwiki Homesteads I & 11 We received a complaint on March 27, 2019, of the subject property being and having non- agricultural buildings used as vacation rentals in the Agricultural district. The complaints were investigated and are now resolved and closed. The subject property is in Kaiwiki Homesteads I & II Subdivision, Hawaii, at 2893 Kaiwiki Road, the parcel TMK is (3) 2-6-011:001, identified as Lot 1, hereafter referred to as the "property", and is owned by Axel Wolf Kratel and Michelle Christine Kratel, recorded on March 9, 2017. The property consists of approximately 13.6180 acres and is located within the State Land Use (SLU) Agricultural District, the County of Hawaii Zoning Agricultural District (A- 10a). The County of Hawaii, Planning Department regulates Chapter 25 of the Zoning Code and Rule 23 for Short-Term Vacation Rentals (STVR). As a reminder, currently the Planning Department does not regulate hosted rentals and long-term rentals. For additional information, we have provided the link to Chapter 25, Zoning Code, where you may find the referenced sections. Zoning & Land Use I Hawaii County, HI Planning According to Hawaii County Code (HCC) Chapter 25 Section 25-1-5. Definitions: "Farm dwelling" means a single-family dwelling located on or used in connection with a farm, or if the agricultural activity provides income to the family occupying the dwelling. Planning Dept. Exhibit 2 www.planning.hawaiicounty.jzov Harvai'i County is an Equal Opportunity Provider and Employer planning(a)hawaiicountyQov Axel &Michelle Kratel Closure Letter ZCV-2019-024E October 31, 2023 Page 2 "Short-term vacation rental" means a dwelling unit of which the owner or operator does not reside on the building site, that has no more than five bedrooms for rent on the building site and is rented for a period of thirty consecutive days or less. This definition does not include the short- term use of an owner's primary residence as defined under section 121 of the Internal Revenue Code. "Single-family dwelling" means a building containing only one dwelling unit. Section 25-4-16.2. Prima facie evidence; short-term vacation rentals. Advertising of any sort that offers a property as a short-term vacation rental shall constitute prima facie evidence that a short- term vacation rental is operating on that property. The burden of proof shall be on the owner or operator to establish either that the property is not being used as a short-term vacation rental or that it is being used for such purpose legally. Findings and Inspection Our investigation found prima facie evidence of promoting and offering rentals of the subject property. In addition, we do not find records of registration for a Short-Term Vacation Rental Non-Conforming Certificate and recorded additional farm dwelling agreement which are regulated and reviewed by the Planning Department. In addition, there are no records of building permits for the additional farm dwelling, accessories, and improvements that are issued by the Department of Public Works (DPW) Building Division and building assessments from the Real Property Tax Office. On June 12, 2023, you applied for an additional farm dwelling agreement (PL-AFD-2023- 000058), which was returned on August 11, 2023. On August 7, 2023, you submitted a new application for an additional farm dwelling agreement (PL-AFD-2023-000061), which is currently under review. On October 11, 2023, you requested for a meeting with the Deputy Planning Director & Planning Administrative Permits staff, Kim Chiodo of Land Planning Hawaii LLC, and Bill McCowatt and associate Isabel of Hale Hawaii Design for direction over your proposal required to legitimize the findings necessary for your request for an additional farm dwelling and informed the Planning Department(PD) that you ceased the "hosted" vacation rentals since post- pandemic and are currently housing farm workers. You then agreed to arrange for a site inspection in the coming weeks. On October 19, 2023, the Planning Department staff conducted a site inspection in your presence and Kim Chiodo. The PD did not find the property owners operating and using the property as a vacation rental. On site the PD staff finds a two-level single-family dwelling with the removal of the second kitchen on the first level permitted under building permit #941655 issued on 11/15/1994, a barn permitted under permit #990078 issued on 01/22/1999 converted to an Axel & Michelle Kratel Closure Letter ZCV-2019-024E October 31, 2023 Page 3 unpermitted second dwelling and agricultural processing storage, unpermitted detached guest house, and three unpermitted detached cabins. We highly recommend that you contact and apply for all necessary permits to include but not limited to building, plumbing, and electrical before accommodating farm workers and occupying the unpermitted dwelling, accessories, and structures. Please contact proper Hawaii County agencies for their rules, requirements, and regulations. Based on the findings and proposed applications for an additional farm dwelling to legitimize the violations, we will not further investigate the issues listed above and consider the complaint closed. Please be advised that there are efforts currently under way to revise Transient Accommodation Rentals (TAR) in Hawaii County. The future legislation may affect operations of "hosted rental". For information briefing on updates of the proposed Transient Accommodation Rental regulations, you may register for Zoom login at www.hawaiicountytar.com. The website also contains a link to the outreach meetings and drafts provided held on November 21, 2022, and January 20, 2023. Should you have any questions which pertain to this matter, please feel free to contact Planning Inspector, Annalyn Seguban, of this office at(808) 961-8039. Sincerely, (7efY�y W. ZENDO KERN Planning Director AS:so \\COHO1\planning\publieAEnforeement\TMK Files\ZONE 2\2-6-011-001/closureZCV-19-024E.Krateldoe Cc: Terri Napeahi, Norren Kato Administrative Permits Division Terri.Napeahi(c�r�,hawaiicounty.Wv Norren.Kato(cr�,hawaiicountygov JOSH GREEN, M.D. KENNETH S. FINK, M.D,MGA, MPH 6...........9 GOVERNOR OF HAWAII r�+•"ys9'�;' DIRECTOR OF HEALTH KE KIA'AINA O KA MOKU'AINA O HAWAI'I y: KA LUNA HO'OKELE 4Q.�q•©.I�t�•r]oG� STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: February 2, 2024 TO: Mr. Zendo Kern Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Special Permit Application (PL-SPP-2024-000061 Applicant: Axel Kratel and Michelle Kratel Request: To Allow a Four(4)-Bedroom Bed& Breakfast Establishment Tax Map Key: (3) 2-6-011:001, South Hilo District, Hawaii In most cases,the District Health Office will no longer provide individual comments to agencies or project owners to expedite the land use review and process. Agencies,project owners, and their agents should apply Department of Health"Standard Comments"regarding land use to their standard project comments in their submittal. Standard comments can be found on the Land Use Planning Review section of the Department of Health website: https://health.hawaii._gov/epo/landuse/. Contact information for each Branch/Office is available on that website. Note: Agencies and project owners are responsible for adhering to all applicable standard comments and obtaining proper and necessary permits before the commencement of any work. General summary comments have been included for your convenience. However, these comments are not all-inclusive and do not substitute for review of and compliance with all applicable standard comments for the various DOH individual programs. Clean Air Branch 1. All project activities shall comply with the Hawaii Administrative Rules (HAR), Chapters 11-59 and 11-60.1. 2. Control of Fugitive Dust: You must reasonably control the generation of all Planning Dept. Exhibit 3 Zendo Kern February 2, 2024 Page 2 of 4 airborne, visible fugitive dust and comply with the fugitive dust provisions of HAR §11-60.1-33. Note that activities that occur near existing residences, businesses,public areas, and major thoroughfares exacerbate potential dust concerns. It is recommended that a dust control management plan be developed which identifies and mitigates all activities that may generate airborne and visible fugitive dust and that buffer zones be established wherever possible. 3. Standard comments for the Clean Air Branch are at: https:Hhealth.hawaii.gov/epo/landuse/ Clean Water Branch 1. All project activities shall comply with the HAR, Chapters 11-53, 11-54, and 11-55. 1. The following Clean Water Branch website contains information for agencies and/or project owners who are seeking comments regarding environmental compliance for their projects with HAR, Chapters 11-53, 11-54, and 11-55: hltps:Hhealth.hawaii.gov/cwb/clean-water-branch-home- page/cwb- standard-comments/. Hazard Evaluation & Emergency Response Office 1. A Phase I Environmental Site Assessment(ESA) and Phase II Site Investigation should be conducted for projects wherever current or former activities on site may have resulted in releases of hazardous substances, including oil or chemicals. Areas of concern include current and former industrial areas, harbors, airports, and formerly and currently zoned agricultural lands used for growing sugar, pineapple or other agricultural products. 2. Standard comments for the Hazard Evaluation& Emergency Response Office are at: hgps://health.hawaii.gov/epo/landuse/. Indoor and Radiological Health Branch 1. Project activities shall comply with HAR Chapters 11-39, 11-45, 11-46, 11-501, 11- 502, 11-503, and 11-504. 2. 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. 3. 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 hltps:Hhealth.hawaii.gov/irhb/asbestos/. Safe Drinking Water Branch 1. Agencies and/or project owners are responsible for ensuring environmental Zendo Kern February 2, 2024 Page 3 of 4 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- 25. They may be responsible for fulfilling additional requirements related to the Safe Drinking Water program: hops://health.hawaii.gov/sdwb/. 2. Standard comments for the Safe Drinking Water Branch can be found at: hllps:///health.hawaii.gov/epo/landuse/. Solid &Hazardous Waste Branch 1. Hazardous Waste Program - The state regulations for hazardous waste and used oil are in HAR Chapters 11-260.1 to 11-279.1. These rules apply to the identification, handling, transportation, storage, and disposal of regulated hazardous waste and used oil. 2. Solid Waste Programs - The laws and regulations are contained in HRS Chapters 339D, 342G, 342H, and 342I, and HAR Chapters 11-58.1 and 11-282. Generators and handlers of solid waste shall ensure proper recycling or disposal at DOH-permitted solid waste management facilities. If possible,waste prevention, reuse, and recycling are preferred options over disposal. The Office of Solid Waste Management also oversees the electronic device recycling and recovery law, the glass advanced disposal fee program, and the deposit beverage container program. 3. Underground Storage Tank Program —The state regulations for underground storage tanks are in HAR Chapter 11-280.1. These rules apply to the design, operation, closure, and release response requirements for underground storage tank systems, including unknown underground tanks identified during construction. 4. Standard comments for the Solid& Hazardous Waste Branch can be found at: https://health.hawaii._gov/epo/landuse/. Wastewater Branch For comments,please email the Wastewater Branch at.doh.wwbgdoh.hawaii.gov. Sanitation/Local DOH Comments: 1. According to HAR §11-26-35,No person, firm, or corporation shall demolish or clear any structure without first ascertaining the presence or absence of rodents that may endanger public health by dispersal from such premises. Should any such inspection reveal the presence of rodents, the rodents shall be eradicated before demolishing or clearing the structure. A demolition permit is required prior to demolition. 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). Zendo Kern February 2, 2024 Page 4 of 4 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 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 the Food Safety Program at 933-0917. Other 1. CDC - Healthy Places - Healthy Community Design Checklist Toolkit recommends that state and county planning departments, developers,planners, engineers, and other interested parties apply these principles when planning or reviewing new developments or redevelopment projects. 2. If new information is found or changes are made to your submittal, DOH reserves the right to implement appropriate environmental health restrictions as required. Should there be any questions on this matter,please contact the Department of Health, Hawaii District Health Office, at(808) 933-0917. OF JOSH GREEN,M.D. °°°°°°°°"° STATE OF HAWAI`I GOVERNOR 1959 sc I 9�.. y VIA OFFICE OF PLANNING SY LUKE LT..GOVERNOR OVER a � & SUSTAINABLE DEVELOPMENT MaRNaR'Mo�RaoR o % 235 South Beretania Street,6th Floor,Honolulu,Hawaii 96813 Telephone: (sos)587-2846 Mailing Address: P.O.Box 2359,Honolulu,Hawaii 96804 Fax: (sos)587-2824 Web: https:Hplanning.hawaii.gov/ Coastal zone DTS202401251007NA Management Program February 23, 2024 Environmental Review Jeffery W. Darr Deputy Director Program D' ow� p �' Planning Department Land Use Commission County of Hawai`i Land Use Division 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Special Plans Branch Dear Deputy Director Darrow: State Transit-Oriented Development Subject: Special Permit Application (PL-SPP-2024-000061) Statewide Geographic Request: To Operate a Bed and Breakfast(B&B) Information system Applicants: Axel Kratel and Michelle Kratel Statewide TMK: (3)2-6-011:001 (por.) Sustainability Branch Hilo, Hawaii 96720 The Applicant is applying for a Special Permit to operate a 4-bedroom bed and breakfast(Project) on 0.5 acres in the State Agricultural District(Permit Area). The maximum occupancy of the B&B will be 10 guests and the Applicants, who reside in another farm dwelling on the 13.618-acre property (Property), will serve as the on-site caretakers. The guesthouse on the Property is currently being used as a hosted rental. The Project is being proposed to generate supplemental income and raise awareness of biointensive regenerative farming practices and native plant conservation and forestry, as well as the importance of supporting local farmers. Regarding agricultural operations on the Property, the Application mentions the "applicants have established a significant amount of biointensive regenerative agricultural activities on the property and have worked hard to remove invasive species and plant with natives. The portion of the property west of the stream contains a timber, carbon sequestration and fruit tree forest with a coffee and tea understory,planted with a variety of native trees and conifers, including coast redwoods, native Koa, lumber pines, cypress, China fir, Japanese redwood and Asian giant sequoia. This forest area also includes a variety of spice trees, tea plants and rainforest fruit tree crops compatible with the forest canopy. The areas east of the stream have been cleared for both residential and agricultural uses. The agricultural activities on the east side of the property include an established tree nursery with approximately 900 Christmas trees, a variety of other ornamental conifers and a variety of tropical Planning Dept. Exhibit 4 Mr. Jeffery W. Darrow February 23, 2024 Page 2 fruit trees, as well as several native plants for pollinator habitat which were funded in part through a NRCS grant. This portion of the property also contains vegetable gardens, fruit orchards and rotational pasture paddocks for 15 goats." OPSD Comments The Office of Planning and Sustainable Development(OPSD) has the following comments: 1. The proposed use does not appear to be contrary to the objectives sought to be accomplished by Chapters 205 and 205A for the State Agricultural District. A four- bedroom bed and breakfast would add supplemental income to the farm. 2. The scale of the proposed use is small in size in relation to size of the farm and thus would not appear to adversely affect the surrounding property. 3. The propose use would not unreasonably burden public agencies to provide additional public services such as roads, sewers, schools,police and fire protection, since the bed and breakfast building already exists and the maximum occupancy is not different than a single family. 4. The economics of farming on a small scale have changed substanially from the economics of large scale plantation agriculture when the district boundaries and rules were established. There is a need for additional income for small farmers to maintain their business, especially since orchards and tree farms are long-term operations that do not generate substantial revenues in their early years. 5. The land upon which the proposed use is sought appears unsuited for large scale production. We are impressed by the variety of agricultural activities described in the application, although pictures of the orchards and tree nurseries would be helpful in confirming that the proposed use is located on lands unsuited to other types of agriculture. 6. To support the expressed intent and objectives of the Project, the County may wish to request an Agriculture Plan that provides additional details on how the proposed use, a four-bedroom bed and breakfast will support the farm operation. Thank you for the opportunity to comment on this application. Should you have any questions regarding the comments provided,please contact Brandon Soo at brandon.a.sooghawaii.gov. If you wish to respond to this comment letter,please include DTS 202401251007NA in the subject line. Mahalo, Mary Alice Evans Interim Director Mitchell D.Roth �Ntv_oc 11� Deanna S. Sako Mayor ' Finance Director Diane Nakagawa •— Deputy Director ,TE OFMF'•N County of Hawaii DEPARTMENT OF FINANCE -REAL PROPERTY TAX Aupuni Center • 101 Pauahi Street • Suite No.4 • Hilo,Hawaii 96720-4679 • Fax(808)961-8415 Appraisers(808)961-8354 • Clerical(808)961-8201 • Collections(808)961-8282 West Hawaii Civic Center • 74-5044 Ane Keohokalole Hwy. • Bldg.D,2nd Flr. • Kailua Kona,Hawaii 96740 Fax(808)327-3538 • Appraisers(808)323-4881 • Clerical(808)323-4880 Date: 1/25/2024 Tax Map Key: 2-6-011-001-0000 To: Planning Director From: Real Property Tax Office Subj: Request for Comments and/or Review Comments from the Appraisal Section- ® Property is receiving agricultural use value ❑ Property is dedicated to agricultural use ❑ Possible rollback taxes ❑ There are no comments at this time Remarks: Appraiser to Contact: Saesha Hanselman Phone: (808) 961-8857 Comments from the collection section: ® Status of real property taxes: ® Current ❑ Delinquent /Amounts $ Amount includes tax, penalty & interest up to Remarks: Real Property taxes for 2023-24 1st installment is paid up to December 31 st 2023. Collection personnel to contact: Shanayd Wusstiq Phone: 808-961-8347 Planning Dept. Exhibit 5 Hawai`i County is an Equal Opportunity Provider and Employer +tY OF N, Mitchell D.Roth .��� y '� Ramzi I.Mansour .: ;. Director Mayor Deanna S.Sako ;.•„„,>.w�;$` Brenda Iokepa-Moses Managing Director 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 a FROM: Ramzi I. Mansour, Dire for 4k Q Department of Environmental Management DATE: February 8, 2024 SUBJECT: Special Permit Application(PL-SPP-2024-000061 Applicant: Axel Kratel and Michelle Kratel Request: To Allow a Four(4)-Bedroom Bed&Breakfast Establishment Tax Map Key: (3)2-6-011:001, South Hilo District,Hawaii The Solid Waste Division has reviewed the subject application and offers the following comments and/or recommendations (contact the Wastewater Division for details). • Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. • Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. • Ample room should be provided for rubbish and recycling. • Green waste may be transported to the green waste sites located at the West Hawaii Organics Facility and East Hawaii Organics Facility, or other suitable diversion programs. • Construction and demolition waste is prohibited at all County Transfer Stations. The Wastewater Division has reviewed the subject application and offers the following comments and/or recommendations (contact the Wastewater Division for details). • No County sewer system in area. Applicant shall follow Hawaii Department of Health, and all other applicable federal, state, and county regulations. Planning Dept. Exhibit 6 County of Hawai'i is an Equal Opportunity Provider and Employer OV WATERS q,4JlF............. A 19i !i9 Z1 DEPARTMENT OF WATER SUPPLY - COUNTY OF HAWAVI + �r'- •.•-'a� 345 KEKUANACYASTREET, SUITE 20 - HILO, HAWAI'I 96720 Clp F1AW Aft. TELEPHONE (808) 961-8050 - FAX (808) 961-8657 February 16, 2024 CGH PLANNING [KEPT FEB 20 2024 PH2:57 TO: Mr. Zendo Kern, Director Planning Department PEC'D HAND DELIVERED FROM: Keith K. Okamoto, Manager-Chief Engineer SUBJECT: Special Permit Application PL-SPP-2024-000061 Applicant-Axel Kratel and Michelle Kratel Request- To Allow a Four(4)Bedroom Bed and Breakfast Establishment Tax Map Key (3) 2-6-011:001 We have reviewed the subject application and have the following comments. We have no objection to the subject application as the use of a private rainwater catchment system to provide water service has been shown to exist on the property. However, we cannot approve or comment as to the adequacy of those systems as they do not meet the requirements of Water System Standards. We recommend that the applicant consult the County of Hawaii, Planning Department, County of Hawaii, Department of Public Works,and/or the State of Hawaii,Department of Health to determine any other guidelines, recommendations, or regulations regarding the use of rainwater catchment systems. Should there be any questions,please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at(808) 961-8070, extension 256. Sincerely yours, wpt/"+ Keith K. Okamoto, P.E. Manager-Chief Engineer RQ:dfg copy— Mr. Axel Kratel and Ms. Michelle Kratel Land Planning Hawaii, LLC Planning Dept. Exhibit 7 . . Water, Our Most Precious Resource . . , Kfl Wai,4 Rime. . . The department of Water Supply is an Equal Opportunity provider and employer. DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: February 20, 2024 790"W0449 fL TO: Zendo Kern, Planning Director FROM: Department of Public Works, Engineering Division SUBJECT: Special Permit Application (PL-SPP-2024-000061) Applicant: Axel Kratel and Michelle Kratel Request: To Allow a Four (4)-Bedroom Bed & Breakfast Establishment TMK: 2-6-011 .001 We have reviewed the subject request forwarded by your memo dated January 24th and provide the following. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500-year floodplain. All activities shall comply with the requirements of Hawaii County Code (HCC), Chapter 10, Erosion and Sedimentary Control. Any construction within the County right-of-way shall comply with HCC, Chapter 22, County Streets. Questions may be referred to Robyn Matsumoto at 961-8924. Planning Dept. Exhibit 8 County of Hawaii is an Equal Opportunity Provider and Employer