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PD BACKGROUND REPORT (PL-SPP-2024-000064)
BGoodeSPPAmend.crk.5.624 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT GARVIN & LAURA GOODE AMEND SPECIAL PERMIT NO. 13-000151 (PL-SPP-2024-000064) GARVIN & LAURA GOODE has submitted a request to amend Special Permit No. 13-000151 to expand the existing 3-bedroom bed and breakfast operation to a 5-bedroom bed and breakfast operation on a 2.323-acre property within the State Land Use Agricultural District. The subject property is located at 27-2365 Hawaii Belt Road, 300 feet west(mauka) of its intersection with Kalaoa Camp Road, Portions of Aleamai and Kalaoa, South Hilo, Hawaii, TNM: (3) 2-7-008:130. PROPOSED ACTION 1. Applicants' Request: The applicants have submitted a request to amend Special Permit No. 13-000151 to expand the existing 3-bedroom bed and breakfast operation to a 5- bedroom bed and breakfast operation with an 8-bedrooms dwelling on a 2.323-acre property within the State Land Use Agricultural District. 2. Purpose For the Request: The applicants have lived in and operated a 3-bedroom bed and breakfast operation out of their dwelling for several years. However, after recently completing their new dwelling on an adjoining property, they elected to vacate their former residence, which took them off-site. Since they no longer lived in the bed and breakfast dwelling, they thought they could amend their permit to operate and manage a 7-room inn from their home, or if needed, have a live-in innkeeper. Thus, the applicants originally requested to amend their Special Permit to allow for the operation of a 7-room inn, however, this would require extensive and costly improvements to the structures, thus they decided on the current request to expand the existing 3-bedroom bed and breakfast to a 5-bedroom bed and breakfast operation instead. 'According to Real Property Tax records,there is a permitted, 5-bedroom dwelling on the subject property.In 2014, the applicant applied for a building permit to construct an addition to the main dwelling including a covered walkway leading to a 3-level addition with 3 `playrooms' (one on each story). The applicants consider these playrooms'bedrooms,hence the 8-bedroom dwelling representation. -1- 3. Supportive Information: The applicants have submitted the attached in support of the request(Planning Department Exhibit 1 —Special Permit Amendment Request dated March 30,2024.) 4. Landowners: Garvin and Laura Goode Trust. BACKGROUND INFORMATION 5. August 1,2013: The Planning Commission approved Special Permit No. 13-000151 to allow the establishment of a 3-bedroom bed and breakfast and a certified kitchen within an existing, 5-bedroom dwelling on a portion of a 7.684-acre parcel in the State Land Use Agricultural District(see Exhibit A of the application). 6. August 12,2015: Completion date of Building Permit No. BH2O14-00891_MGT, which was issued to permit a building permit to construct an addition to the main dwelling including a covered walkway leading to a 3-level addition with 3 `playrooms' (one on each story). 7. August 12,2015: Completion date of Building Permit No. BH2O14-01076_MGT, which modified BH2O14-00891_MGT by adding a full bath (water closet, lavatory, and shower stall to the Pt level; changing the size of windows on the 2nd level; and converting a partial, open-covered deck to a full bath(water closet, lavatory, and shower stall) and closet. 8. April 21,2022: Effective date of Change of Zone Ordinance No. 22 42, which rezoned 9.581 acres of land from A-20a to Fa-2a. 9. August 11,2023: Approval date for Subdivision No. PL-SUB-2022-000080, which created a 4-lot subdivision, including the subject, 2.323-acre property. STATE, COUNTY& COMMUNITY PLANS 10. State Land Use District: Agricultural. 11. General Plan LUPAG Map Designation: Important Agricultural Lands, which includes lands with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. 12. County Zoning: Family Agricultural-2 acres (FA-2a). -2- 13. Hamakua Community Development Plan (HCDP): The HCDP was adopted by Ordinance No. 18 78, with an effective date of August 22, 2018. 14. Special Management Area (SMA): The subject property is not situated within the SMA and is located approximately 12 miles away from the nearest shoreline. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 15. Subject Property: The subject, 2.323-acre property is roughly rectangular in shape and located mauka of Highway 19. The property is improved with a 5-bedroom dwelling and related improvements, within which a 3-bedroom bed and breakfast has been operating by Special Permit since 2013. In 2015, the applicants constructed an addition to the main dwelling including a covered walkway leading to a 3-level addition with 3 `playrooms' (one on each story), and subsequent modifications including the inclusion of bathrooms, window changes, and closets. 16. Surrounding Land Uses/Zoning: Surrounding land uses are generally rural and/or agricultural in nature, with a mix of dwellings and active farms. Properties directly adjacent to the subject property are zoned FA-2a, with most of the remaining parcels situated mauka of the highway zoned A-20a. Nearby parcels makai of the highway to the south and east of the subject property are zoned A-1Oa, A-la and RS-10. 17. ALISH: Prime Agricultural Land. 18. Land Study Bureau's Detailed Land Classification System: "C" or"Fair" 19. US Soil Survey: The soils on the site are classified as Hilo hydrous silty clay loam, with 0 to 10 percent slopes. 20. Flood Zone: Zone X, an area determined by FEMA to be outside the 500-year floodplain. 21. Flora/Fauna Resources: No professional floral or faunal survey was conducted of the property. The applicant reports that the property is cultivated into fruit bearing trees with some use for an equestrian component. Given the elevation of the property, it would be possible to find the Hawaiian Hawk and the Hawaiian Owl. The subject property was formerly used to grow sugar cane and has been developed for agricultural uses and -3- dwellings. As such, the applicants do not believe that rare or endangered floral or faunal resources are likely to be found within the subject site. 22. Archaeological/Cultural/Historical Resources: No professional archaeological and cultural study was conducted of the property. According to the applicants, the site was previously cleared for cultivation of sugar cane, and it is unlikely that the site has archeological features. As the newly proposed use will take place within an existing dwelling on the subject property, the applicant is not proposing any new ground disturbance. 23. Public Access: There is no known public access to the mountains or the shoreline that traverses the property. UTILITIES AND SERVICES 24. Access: Access to the project will be via a roadway easement within Kalaoa Camp Road, a privately owned and maintained roadway with 12-13-foot-wide pavement and 3-foot- wide graveled shoulders within a 30-foot wide right of way. The private road is accessed from Highway 19, a State-owned roadway with a 22-foot-wide pavement and paved shoulders within a 100-foot right of way. 25. Water: According to the Department of Water Supply, the subject property is currently serviced by one existing, 5/8" water meter, which provides one unit of water or an average of 400 gallons per day (gpd), however DWS indicates that current average daily usage is up to 540 gpd. Furthermore, DWS indicated that current water service cannot meet the required 2,000 gallons-per-minute fire flow standard for commercial use. As a result, DWS is requiring the applicant to submit estimated water usage calculations, prepared by a professional engineer licensed in the State of Hawai`i, for review and approval. The water usage calculations should include the estimated peak-flow in gallons, per minute and the total estimated maximum daily water usage in gpd. Upon acceptance of the water usage calculations, DWS will determine the water commitment deposit due, prevailing facilities charge (subject to change)to be paid, and water system improvements necessary for water service. In response to this comment, the applicant notes that DWS' comment letter was in response to the previous proposed 7-bedroom inn -4- use, rather than the current 5-bedroom B&B request(which is accessory to the single- family dwelling use), thus they believe that the required water calculations and fire flow requirements for commercial use are not necessary. Nevertheless, the applicant has indicated that they will comply with appropriate requirements of the DWS. 26. Wastewater: There is no County sewer in the area. The subject, 8-bedroom dwelling was improved with a treatment plant consisting of a septic/treatment tank and two seepage pits. These improvements were approved by the State Department of Health in conjunction with the 2015 addition to the 5-bedroom dwelling, which permitted 3 additional `playrooms.' At the time, DOH considered these rooms to be bedroom-type rooms, thus they required the applicants to upgrade the IWS from a cesspool to the treatment plant. 27. Solid Waste: There are no municipal waste collection services in the County. According to the application, solid waste will be handled by commercial haulers or individual homeowners, who will dispose of the refuse at authorized transfer stations or landfill sites. Additionally, all agricultural waste will be retained and utilized on the property. 28. Utilities and Services: All essential utilities and services are available to the property. Police services, fire services and medical services are available in Hilo, approximately four(4) miles from the subj ect property. AGENCY COMMENTS 29. Department of Public Works-Engineering Division: (Planning Department Exhibit 2-March 8,2024, memo.) 30. Department of Water Supply: (Planning Department Exhibit 3-April 16,2024, letter.) 31. Department of Environmental Management: (Planning Department Exhibit 4- February 15,2024, memo.) 32. State Department of Health: (Planning Department Exhibit 5-February 16,2024, memo.) 33. State Office of Planning and Community Development: (Planning Department Exhibit 6-March 12,2024, memo.) -5- AGENCIES -NO COMMENTS OR OBJECTIONS 34. Department of Finance-Real Property Tax Division and Police Department. AGENCIES—NO RESPONSE 35. Department of Public Works-Building Division, Fire Department, State Land Use Commission, State Department of Agriculture, and State Department of Land and Natural Resources. PUBLIC COMMENTS 36. The Planning Department has not received any comments or objections from the public or adjacent landowners on the subject application at the date of this writing. APPLICANT'S RESPONSE TO COMMENTS: 37. The applicant has submitted the following responses to agency comments (Planning Department Exhibit 7-March 18,2024,letter; Planning Department Exhibit 8-April 24,2024,letter). -6- SidneyFuke, Planning Consultant , , ff P.O.Box 1345 •Hilo,Hawaii 96720 •Planning•Variance-Zoning Cell:(808)989-0640 •Subdivision•Land use Permits � E-mail:sidneyfuke@gmail.com •Environmental Reports March 30,2024 Mr. Zendo Kern, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Kern: Subject: Amended Request—Proposed 5-Room Bed & Breakfast Amendment to SPP 13-000151 Applicants: Garvin and Laura Goode South Hilo,Hawaii,TMK: 2-7-008: 130 (PL-SPP-2024-000064) This is to follow up on Mr. Christian Kay's email of March 29, 2024, responding to the Applicants' request to change their request from a proposed 7-room inn to a 5- room Bed Breakfast(`B&B"). The amended request is thus for a 2-room addition to a 3- room B&B. The complete amended report will be transmitted under separate cover. This letter,however, specifically responds to Mr. Kay's email: AMENDED REOUEST: Proposed 2-Room Addition to an Existing 3-room Bed and Breakfast REASONS FOR THE CHANGE: The Applicants lived in and operated the 3-room B&B within the 8-room dwelling. However, after completing their new dwelling on the adjoining property,they elected to vacate their former residence,the site of the B&B. The Applicants understood that the operator of the B&B had to reside in the dwelling, as they did all these years. Since moving into their new dwelling across of the B&B,they were still operating but no longer living in the B&B. Because they now no longer lived in the B&B and given that there were eight(8) bedrooms in that dwelling,they thought they could operate and manage it as a small 7-room inn from their home and, if needed,have a live-in innkeeper. However, since submittal of the request for an inn, there were several factors that made the Applicants realize that increasing the number of rentable rooms from three (3)to five(5) and having it operated as a B&B would be best. Planning Dept. For one,their personal goals have changed. As "seniors",they wish to do more Exhibit 1 traveling and spend less time actively managing an inn. As they already have Mr. Zendo Kern, Director March 30,2024 Page 2 experience managing and operating a B&B and none with an inn,they felt that a B&B would enable them to better fulfill their objective. At the same time,knowing that while they could manage but still have someone live and operate the B&B,they felt that the operator would be attractive to a family instead of a couple or individual. The dwelling has three(3) bedrooms in a tower like structure that provides somewhat of a physical separation from the original 5-bedroom dwelling. In so doing and in a small way,they felt that having a family operate the B&B could help address some of the housing issues that have plagued the State. Finally,because all improvements for a 5-room B&B are in,the Applicants would like to continue operating the B&B without having to possibly undergo additional permitting and/or improvement requirements. Converting the B&B into an inn could result in a different"Use Classification" according to the Uniform Building Code,which could trigger the need to comply with ADA and other related requirements. Further, although not planned, because an inn would allow full meal service,there is the possibility of having to address added requirements of the State Department of Health. COMPLIANCE WITH ZONING CODE: The maximum 5-room B&B would also operate and be consistent with the criteria for B&Bs as outlined in the County Zoning Code. Specifically,these would be: 1. The operator will reside on the same building site. The Applicants will have an operator,preferably one with a family,who will live within the dwelling. 2. The two (2)additional rooms will be within the existing single-family dwelling; 3. The total number of rentable guest rooms would now be five(5), which is within the maximum of five (5)rooms; 4. The maximum number of guests at any one time would be capped at ten(10), which is within the maximum of ten(10)guests; 5. Only continental-style breakfast meals would be offered to the guests; 6. There would be a minimum of five(5)parking stalls available for guests in a gravel compacted area. The site, however, can accommodate at least eight (8) cars. 7. Any and all signage will comply with the requirements of Chapter 3 relating to signs. Mr. Zendo Kern, Director March 30, 2024 Page 3 RELATIONSHIP TO SPECIAL PERMIT CRITERIA: The contents below have been excerpted from the attached updated report. "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 Obiectives The subject request will not be contrary to the Land Use Commission Rules (HAR, Title 15, Chapter 15),Planning Commission Rules(Rule 6), or Chapter 205, Hawaii Revised Statutes,which purposes are to 1) preserve,protect, and encourage the development of lands in the State for their best uses in the interest of the public welfare, and 2)protect, conserve, and rationally develop the State's urban, agricultural, and conservation lands using a coordinated and balanced approach. In this situation,the subject site's soil resource is Class C or `Fair'. The soil resource based on that classification is thus deemed important. It should be noted that the project will result in no land currently used for agriculture to be removed. More importantly,however,the project will result in more intensive agricultural use. The project should result in more intensive agricultural use of the subject site, as the income generating from the B&B could help sustain and expand the Applicants' on-going and planned agricultural activities. At the same time, guests will be exposed to the Applicants' farm and practices,which could generate interest in farming. B. Relationship to General Plan and Other Plannine Requirements The project's relationship to the County General Plan and Hamakua Community Development Plan is discussed in Chapter V-B and C. Regarding the County General Plan, it should be noted that while the General Plan was amended in 2005 (subsequent to approval of the SPP), there were no significant changes to the policies and LUPAG map affecting the subject area. Thus,the reasons justifying the original B&B request as outlined in the Commission's approval of the SPP (Exhibit A), still apply. In sum, Chapter V-B notes the project's consistency with the goals and policies of the Agricultural, Land Use, and Economic elements. The project will enhance the agricultural activities of the site,while potentially fostering other areas to engage in agricultural pursuits as well. There will be added direct and indirect employment opportunities. Further,the Mr. Zendo Kern, Director March 30,2024 Page 4 project will address all essential infrastructure requirements without burdening the community and County. The project also fulfills the objectives of the Hamakua CDP, as outlined in Chapter V-C. Specifically, it implements the character, agricultural, and growth management goals. The dwelling has been built in accordance with the prevailing building and associated codes, including the Zoning Code such as parking, setback, and height. Further,the 5-room B&B meets the standards for a B&B as outlined in the County Zoning Code. C. Impacts to Surrounding Properties The existing 8-room dwelling would be used for this project. As such, physically or visually,this request is somewhat akin to "what you see is what you get". The existing background ambient noise level in this area is wind, foliage, birds, and the like. The significant manmade noise is influenced by the traffic associated along the Hawai'i Belt Highway. The Highway, however, is nearly a'/z mile from the subject site. With the conversion of the existing eight(8)bedroom dwelling into a 5- room B&B,there will be a minor increase in traffic along Kalaoa Camp Road. This would be unlike if additional rooms were to be constructed. As such,the traffic impact to both Kalaoa Camp Road and the Hawai'i Belt Highway should not be significant, if at all. Further,there will be no construction related noise and dust impacts, as none are being contemplated associated with this request. The proposed use should not generate any direct air quality impact. As the project itself is not expected to have uses that generate adverse air pollutants,the only discernible air quality impact would be associated with the few vehicular traffic to and from the subject site. While the added traffic could have an impact to the ambient air quality,the impact should not be significant. This is due in part to the higher EPA standards for vehicular air emissions and the prevailing Tradewinds. D. Suitability of the Site The site is suitable for the requested use. The subject site is already established and provides services to at least three (3) guests within the B&B. Adding two(2)more rentable rooms within the existing dwelling, Mr. Zendo Kern,Director March 30, 2024 Page 5 in terms of surrounding impacts, is no different than accommodation for family members. More importantly,to have the operator geared for a family potentially helps address much-needed housing. Collectively, then, the 5-room B&B within an 8-room dwelling addresses both the housing and vacationers needs. The area of the B&B is already being used as such. As such,there should be no additional environmental, archaeological, or cultural constraints that would render the site unfeasible for its conversion into an inn. All the basic infrastructure is already in place. The site is situated just on the outskirts of Hilo. This has and will continue to provide another employment opportunity, albeit small, for residents of this area, some of whom travel outside of the district for employment. E. Alterine Character of Land The proposed B&B will not visually transform the character of the land. Unlike a quarry, for example,the request will not result in the transformation of a new landform. The basic rural-agricultural ambiance and landform will still be retained. The structure is of a residential scale and surrounded by the Applicants' on-going agricultural activities. Again,visually, this is a"what you see is what you get", especially as no new structures associated with this project are being contemplated. As the subject site has been improved, it is not likely that its use would result in an irreversible commitment of natural or archaeological resources. Further,there are no known floral or avifaunal resources on the site that require protection. There are also no known archaeological or cultural features on the subject site. The soil on the parcel has been classified"C" or fair by the Land Study Bureau,making it conducive for small-scale agricultural activity. That is evident by the existing use. It is reasoned that the use of the subject site should indirectly help foster and sustain instead of removing them from their agricultural use. F. Unusual Conditions or Trends In 1999,the Hawai'i Tourism Authority prepared a Tourism Strategic Plan prepared,wherein the Plan recommended that the State look into tourism market niche opportunities. Two of these—although somewhat overlapping—are Agri-Tourism and Edu-Tourism. Agri-Tourism is travel Mr. Zendo Kern, Director March 30, 2024 Page 6 for education with an agricultural bent. Edu-Tourism is along that line with an emphasis on education and training in Hawaii's unique natural and multi-cultural environment. The expanded B&B should be consistent with these niche opportunities plus Eco-Tourism by having the B&B situated within an on-going small- scale family farm. It should also be noted that with the increasing trend towards working remotely,many visitors have combined business with vacation. In that regard,those type of visitors prefer staying in a quasi-domestic instead of a resort setting. Additionally,with certain fields of service currently being underserviced, especially in the medical and educational profession, short-term contractual works have helped to address that need. Thus,the B&B helps address this"unusual and conditions and trend" need. Based upon the foregoing, it is concluded that the proposed 5-room B&B is an `unusual and reasonable' use of the subject site and would promote the effectiveness and objectives of Chapter 205,Hawaii Revised Statutes." The Applicants understand and accept that the posted sign will have to be changed and that an amended"first notice"to surrounding property owners will also have to be mailed. These activities will be done upon confirmation of your acceptance of their amended request. Further,we believe that the response to agency comments relative to the initial request for a 7-room inn should be applicable to this 5-room B&B, due in part to the density reduction. I trust that this adequately addresses your response to accommodate the Applicants' amended request. If not or if you have further questions on this matter, please feel free to contact me. Thank you very much. incpe�rely, SIDNEY M. FUKE Planning Consultant Enclosure—Exhibit A Copy—Mr. Garvin Goode w/enclosure via email AMENDED REPORT (March 29 2024) PROPOSED 2-ROOM ADDITION TO AN EXISTING 3-ROOM BED AND BREAKFAST SPECIAL PERMIT (SPP 13-000151) APPLICATION GARVIN AND LAURA GOODE ALEAMAI, SOUTH HILO, HAWAII TAX MAP KEY: (3) 2-7-008: 130 I. INTRODUCTION In a letter, dated February 8, 2024, the County Planning Department accepted the application of Garvin and Laura Goode ("Applicants") to amend Special Permit (SPP 13-000151) by converting a 3-room Bed and Breakfast ("B&B") into a 7-room inn within an 8-bedroom single family residential dwelling. After due consideration of their personal goals, the nature of their current B&B operation, and the added permitting requirements to convert the B&B into an inn, the Applicants realize that continuing their B&B operation and increasing the number of rentable rooms from three (3) to five (5) rentable rooms would best fulfill their objectives. Accordingly, they wish to forego their request to establish a 7-room inn and instead request to increase the number of their B&B from three (3) to five (5) rentable rooms. II. PROJECT LOCATION The subject site is located on the mauka side of the Hawai'i Belt Highway (19), approximately % mile north or Hamakua side of the intersection of the Old Mamalahoa Highway and Highway 19. More specifically, it is located on the north side of Kalaoa Camp Road, approximately 600 feet west of Highway 19. (Figures 1 and 2) The B&B is situated on a 2.323-acre site, identified as (3) 2-7-008: 130. The Applicants recently moved into their recently completed dwelling located across of the B&B on a 3.131 acre site, identified by TMK: (3) 2-7-008: 144. (Figure 2) They intend to either have a family member or a non-family member live in and operate/manage the B&B. III. LAND USE ENTITLEMENT HISTORY A. Special Permit (SPP 13-000151) As noted earlier, the subject permit which allowed the establishment of a 1 A B ( rii zu>v" L f See Page 19 _ ' " - -- ° t See Page 20 Page 22 Lalahiwa Rd un - _ -----� '---- ----- I In,paved c vye"a 1 in bridge, hbu�pv ' v unguarded J.rgble 1 dip I in,Paved ] oo°jh eat, bfidge. P d }°ob `►C Onomea Bay Ranch Eton un aved - Ora--1 -ON A ren P oad Lot A o ° 1 d� a OhOhi Onomealn'pav Cid j' 9mm Bay �'�°■ l/I", °2fia. I in,paved Usias w •C" Road 2 °asPlnomea Bay' 2 Indian Tree Rd - ' -- 27-2470 ___+__---- _ - 1 In•wood bridge,6 tons i' aim• `b48l�ypoy 7547 ' -------------------i-• eo+ \MW°� ' - ' �' unpaved , `"--� llllif101 jp. 8mm unpaved Catholic -----'' -Z`--------�, un avec p � Cem.J --- --' i _ c partly paved , _---------_L ------------------- --- - -- Kalaoa pRd ° 8 unpaved Likg__ 3 ` `1``` '-` - Calranoa 1 In,roughly paved 19 23t� 3 `P Z7. Tr t � ac ----------- ------ N ; Subject Site N -' ' N 1 Ibrid e Ike,P1 t t- ------------------- _____ 0 12[ons 27-254 Ohana Rd -- ------OLP n 1 watcr tank 4AG P f ---- ----° --------' KaaPoko H std Rd S Shoo ole Frank M.SantosC Co Moirton Park Rd C Camp ------------- r o ` ea d 4 y -- aged _- ----- "OnOpark v.R E 7mm s't0 4 n "- t _______________ r _ -------�- O n _ - --- / PAPAIKOU �,Rd F Anderton Camp a m ■ ---- --- � in '--'-' La Rd In,paved Garden P/ -- - d unpaved,well-graded I In,pavedURa9 a ea ?_� S Si1veMCam $ _ 5�� a paaai otty P John T.Unea Sbd ` --_-- oto A --`'-- ----------'' Epka Rd? Kaaukai''_' '=-----_ ro ghl oved i Papaikou t° ------ 0 , 5 5 ---------- Farm Lots 27-1935&27-1937•p -- ------------ PUUEO-PAKU 6m n -------------- _ �^ N -- _ 19 x CD CD I--- C., - un av �. Cnn a a P No --------------------- -- 9yla d bs4 ulane la ----------------- ban o Kah P1 (Q _ — - `/ 1275 o Pl _____`�: -- -------------—`-- ----' ----- lin aved A See Page 25 B C See Pa e 26 D E FIGURE 1 u VIA I FF mo I v� R - - 5 Lill r � � y'�I ;�� , 111• •' \ \ �� 1 I FIGURE 2 i I ---- I O .O II i � O II C. Z V }Y El I O O I FIGURE 3 3-room B&B was approved on August 1, 2013, on a 7.684-acre property, identified by TMK: (3) 2-7-008: 130. (See Exhibit A) B. Rezoning Ordinance (Ord. 22 42) The Applicants applied and received approval to rezone a 9.581 acre parcel (which included the site of the B&B, non-conforming STVR, and the Applicants' dwelling) from Agricultural (A-20a) to Family-Agricultural (FA-2a). The purpose of the rezoning was to enable the Applicants to subdivide the property into three (3) lots, consisting of approximately 3.7 acres, 2.8 acres, and 2.083 acres, exclusive of a 1+ acre road/utility easement that bisected the property. The ordinance became effective on April 21, 2022. (Exhibit B) C. Subdivision Approval (PL-SUB-2022-000080) Pursuant to the rezoning approval, a subdivision application was filed and subsequently granted final approval on August 11, 2023. (Exhibit C) The lots have since been assigned the following TMK numbers: (3) 2-7-008: 130, 143, and 144. (See Figure 4) The TMK number of the subject property has not changed (TMK: (3) 2-7-008: 130). D. Building Permits The 5-bedroom dwelling, which was completed in 2004 and situated on TMK: (3) 2-7-008: 130, is the site of the 3-room B&B. Subsequently, a 3- bedroom extension was completed in 2013, resulting in an 8-bedroom dwelling. As noted earlier, the Applicants, who operate the B&B, recently completed and moved into their new dwelling in 2023 on a property (TMK: (3) 2-7-008: 144) located across and south their B&B. IV. PROJECT DESCRIPTION AND NATURE OF REQUEST A. Revised Project Concept and Components The Applicants lived in and operated the 3-room B&B within the 8- room dwelling. However, after completing their new dwelling on the adjoining property, they elected to vacate their former residence, the site of the B&B. The Applicants understood that the operator of the B&B had to reside in the dwelling, as they did all these years. Since moving into their 2 I" :Vogt tog aim!"i", Li fig all 53 31 q P 'a ;plrony all oil 'ZI. q -+. ; 3-3- 110 Irk sy psi ia zzv SOS 1% WIA I N • �N 17 /W'V PL FI- UAk 4 new dwelling across of the B&B, they were still operating but no longer living in the B&B. Because they now no longer lived in the B&B and given that there were eight (8) bedrooms in that dwelling, they thought they could operate and manage it as a small 7-room inn from their home and, if needed, have a live-in innkeeper. However, since submittal of the request for an inn, there were several factors that made the Applicants realize that increasing the number of rentable rooms from three (3) to five (5) and having it operated as a B&B would be best. For one, their personal goals have changed. As "seniors", they wish to do more traveling and spend less time actively managing an inn. At the same time, being sensitive to the need for more housing and given the configuration of the dwelling, they believe that operating and managing the B&B would be attractive to a family instead of an individual or couple. As noted in Figures 2 and 3, the dwelling has three (3) bedrooms in a tower like structure that provides somewhat of a physical separation from the original 5-bedroom dwelling. The design would thus make it conducive for a family to operate and manage the B&B. Finally, because all improvements for a 5-room B&B are in, the Applicants would like to continue operating the B&B without having to possibly undergo additional permitting and/or improvement requirements. Converting the B&B into an inn could result in a different "Use Classification" according to the Uniform Building Code, which could result in compliance with ADA and other related requirements. Further, although not planned, because an inn would allow full meal service, there is the possibility of having to address added requirements of the State Department of Health. B. Nature of Request In light of the above, the Applicants are seeking an amendment to change their 3-room B&B Special Permit into a 5-room B&B. C. Project Timetable and Cost The Applicants hope to secure County Windward Planning Commission approval as soon as possible and begin the operation of the 5-room immediately thereafter, subject to any subsequent permit requirements. 3 Because all improvements are in place, the Applicants do not believe that there should be any on or off-site cost associated with the project. IV. INSTITUTIONAL CONSIDERATIONS A. State Land Use The subject site is situated within the State Land Use Agriculture district. Based on the size of the requested area, no State Land Use Commission action is required. The County Windward Planning Commission can act on this request. 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. Under the digitized format, the subject site has two (2) designations on the LUPAG map. The upper portion is designated Important Agricultural Lands, while the makai portion, Low Density Urban. Important Agricultural Land is attributed to those lands with "better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors." The Low Density Urban designation allows uses that are single-family residential in character, ancillary community and public uses and convenience type of commercial uses. Notwithstanding the digitized identification of the upper portion of the subject site being designed Important Agricultural Lands, it is maintained that the Low Density Urban interpretation is a reasonable and justifiable one for a number of reasons. Nonetheless, if assumed Important Agricultural Land, because the requested amendment will not result in the reduction of any currently cultivated land, it would not be inconsistent with that conservative interpretation of the General Plan LUPAG map. The subject site is currently cultivated with a variety of fruit trees, a startup nursery, and a small equestrian activity, all of which are owned, operated, and maintained by the applicants with some help. Specifically, the site has been planted with bananas, avocado, citrus, 4 lychee, mango, and a variety of other fruit-bearing trees. They are in the beginning of establishing a nursery as well as an equestrian operation. Collectively, these agricultural activities are important to the ambiance and function of the existing 3-room B&B, and now, 5- room B&B. The request would thus be consistent with the following goals, policies, and standards of the General Plan: Agricultural Goals and Policies Goals • Preserve the agricultural character of the island. • Preserve and enhance opportunities for the expansion of Hawai'i's agricultural industry. Policies • Implement new approaches to preserve important agricultural lands. • Coordinate and encourage efforts to solve the problems of the agricultural industry in the County of Hawaii. • Assist in the development of agriculture. • Encourage, where appropriate, the establishment of visitor- related uses and facilities that directly promote the agricultural industry. • Encourage other compatible economic uses that complement existing agricultural and pastoral activities. Economic Element • Economic development and improvement shall be in balance with the physical and social environments. • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment • The County shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors 5 Land Use Element • Designate and allocate land use in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Protect and encourage the intensive utilization of the County's important agricultural lands. • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment C. Hamakua Community Development Plan ("HCDP") Relative to the 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." Pursuant to the above, the Hamakua CDP ("HCDP") was developed and adopted by the Hawaii County Council on August 8, 2018. It became effective on August 22, 2018, as Ordinance No. 18 78. Using the LUPAG digitized map designations, the HCDP noted the mauka portion of the site "Intensive Agricultural", while the lower side, Low Density Urban. The HCDP also identified 13 Community Objectives that were broken down and/or assigned into three (3) major areas: 1) 'Aina (natural resources, and ag as related to conservation of natural resources, public access); 2) Community (culture, town planning, infrastructure, public facilities, services, transportation); and 3) Economy (employment, industry, business development, small town revitalization, agriculture, tourism). Relative to 'Aina, there were three (3) specific objectives. 6 • Objective 1: Protect, restore and enhance watershed ecosystems, sweeping views, and open spaces from mauka forests to makai shorelines..." The site is not part of any watershed area, nor does it have any mauka/makai access. As such, the project does not affect this objective. • Objective 2: Protect and restore viable agricultural lands and resources. Protect and enhance viewscapes and open spaces that exemplify Hamakua's rural character. The Applicants already have an on-going farm on the subject and adjoining properties. This will continue. The proposed 5- room B&B will provide some of the added value needed to ensure continued agricultural activities on the site. The respective size of the remaining lots and activities will not change, and neither are any improvements being proposed. Thus, this is a "what you see is what you get"type of a request. Overall, it would thus be generally consistent with the rural character of this area. • Objective 3: Encourage community-based collaborative management plans... ." This objective is not applicable to the request, as this is a policy directed at governmental bodies. Relative to the four (4) specific objectives of the Community section: • Objective 4: Protect and nurture Hamakua's social and cultural diversity and heritage assets, including sacred places, historic sites and buildings, and distinctive plantation towns. The subject site is not within existing plantation towns, and thus, this objective is not applicable. • Obiective 5: Direct future settlement patterns that are sustainable and connected. Honor Hamakua's historic and cultural assets by concentrating new development in existing, walkable, mixed use town centers while limiting rural sprawl. While the site is not within the existing town, it is proximate to an existing plantation camp called Kalaoa. The proposed 5- 7 room B&B within its rural/agricultural setting would be consistent with the rural character of the area. As no physical exterior and/or expansion improvements to the structure are being contemplated, the visual and functional nature of the site will thus not be altered. • Objective 6: "Develop and improve critical community infrastructure, including utilities, healthcare, emergency services, affordable housing, educational opportunities and recreational facilities to keep our'ohana safe, strong, and health." While the project will utilize existing and not expand utility infrastructure (such as water and access), it will contribute towards the community infrastructure. The project will provide much needed housing opportunities for much needed contractual workers in the medical and educational field. • Objective 7: establish a rural transportation network... . " This objective provides directions for governmental actions. As such, it is not really applicable. The third and last category, Economy, identifies the remaining six (6) objectives. • Objective 8: "Promote, preserve and enhance a diverse, sustainable, local economy." • Objective 9: "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 Hamakua's ecology, rural character, and cultural heritage." The focus of these objectives (plus Objective 6) is having housing, including affordable ones, proximate to areas of service and employment. This project, in a small way, would help achieve those objectives by enabling the operator to be geared to a family. The site is located proximate to areas of employment, yet in a rural setting. 8 • Objective 10: Revitalize retail, service, dining, and entertainment centers that complement the community's rural character and culture. This objective is not applicable. • Objective 11: Enhance and promote local and sustainable agriculture, farming, ranching, renewable energy, and related economic support systems. With its on-going family-agricultural activities, the B&B will not compromise this objective. • Objective 12: Preserve traditional subsistence practices and encourages a reciprocity(e.g., bartering) economy as a sustainable complement to Hamakua's resource-based economy. While the Applicants' farming operations is financially conventional, they do periodically engage in "bartering" or "sharing" with other agricultural producers or neighbors. • Objective 13: Promote appropriate rural tourism that welcomes guests for an alternative visitor experience... . " As with the existing 3-room B&B, having it expanded to 5- rooms would collectively implement Objectives 11, 12, and 13. In light the above, it is maintained that the Applicants' request is consistent with an implement the objectives of the HCDP. D. County Zoning The County zoning designation of the site is Family-Agricultural (FA- 2a). The minimum lot size for this zoning district is two (2) acres. The subject property consists of 2.323 acres and is thus a conforming lot of record. Within the FA-2a zone, the existing uses such as the farm dwelling and cattle grazing are permitted uses. What is being requested will not require any significant improvements to the property but involve expanded uses of an already approved B&B dwelling. The Zoning Code allows a B&B to use with a Use Permit; however, being within the State Land Use Agricultural District, a Special Permit is required. 9 The maximum 5-room B&B would also operate and be consistent with the criteria for B&Bs as outlined in the County Zoning Code. Specifically, these would be: 1. The operator will reside on the same building site. The Applicants will have an operator, preferably one with a family, who will live within the dwelling. 2. The rooms will be within a single-family dwelling; 3. The total number of rentable guest rooms would not exceed five (5). There will be a maximum of five (5) rentable rooms; 4. The maximum number of guests at any one time would be capped at ten (10), which would be within the maximum allowable of ten (10); 5. Only continental-style breakfast meals would be offered to the guests; 6. There would be a minimum of five (5) parking stalls available for guests in a gravel compacted area. The site can accommodate at least eight (8) cars, as reflected in the site plan (Figure 2). 7. Any and all signage will comply with the requirements of Chapter 3 relating to signs. 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 site is not located within the County Special Management Area (SMA). No SMA Use Permit is required. However, as the entire island falls within the Coastal Zone Management (CZM) Area, a discussion of the request's relationship to the CZM Program follows. The site is not adjacent to the ocean. It is about two (2) miles from the shoreline. As such, the proposed action should not have any adverse impacts on the area's coastal recreational and marine resources nor have any impacts on beach protection. 10 As the site was and continues to be used in some form of agriculture, the likelihood of this improvement having any impact on the area's historic resources is not high. The proposed action will not involve the construction of improvements in a non-urban setting. Accordingly, there is a potential visual impact to the area's scenic and open space resources. However, the project site, while located mauka of the Mamalahoa Highway, is not readily visible. Thus, coastal scenic and open space resources to Mauna Kea should not be affected. Relative to the Coastal Ecosystems, impacts should be negligible, if at all, as the site is located well over two (2) miles from the ocean. Notwithstanding the distance, the nature of the project—family agricultural —and the construction of only an additional private wastewater system is such that potential adverse coastal ecosystem impacts should not be pronounced, if at all. The proposed action will result in creating associated short and mid- range use that would provide support for the Applicants' small scale agricultural operation on the subject and adjoining properties they own. In so doing, the project could aid the agricultural economy and the overall economic use of this site and the area in general. Because of its distance from the shoreline, the site should not be subject to coastal hazards. Relative to the managing development objective, this function is more applicable to the "authority" or approving agencies. However, it is noted that the request would operate and be constructed within the terms of the Special Permit, which would include pertinent provisions of the Zoning and other related Codes. Finally, in terms of the public participation objective, this is generally a public agency function. This is achieved through the Marine and Coastal Zone Management Advisory Group (MACZMAG) and the public hearing process required pursuant to the Planning Commission's Rules. Notices of this application will become available through the posting of a sign on the property, as well as sending two (2) notices to surrounding property owners, one at the time the application is filed and again, prior to the public hearing. Based on the foregoing, it is concluded that the requested improvements would be consistent with the objectives, policies and 11 guidelines of the Coastal Zone Management Policies, as outlined in Chapter 205-A-23, HRS and Planning Commission Rule No. 9 relating to the Special Management Area, E. Other Permitting Requirements As noted earlier, because no improvements are contemplated, other permits would probably not be required, except possibly Plan Approval. Nonetheless, if required, they will be properly secured. V. ENVIRONMENTAL CONSIDERATIONS A. General Description The subject site is relatively narrow-shaped, located mauka of the Hawaii Belt Road (Highway 19). It is situated on the north side of an easement that functions as part of the Kalaoa Camp Road. (See Figure 2) The subject site is situated at approximately the 350-foot elevation level. The site gently rises at a 5-10% slope in a makai-mauka direction, with the highest point being at the western end of the property. There does not appear to be any topographic constraint in developing and utilizing the site for the intended use, as is evident by the existing structure and on-going agricultural use of the site. According to the State Commission on Water Resource Management, the closest rain gauge in this area is Hilo Airport. The annual median rainfall for this area is approximately 131 inches. The average daily temperature ranges from a minimum of 61 degrees to 79 degrees Fahrenheit. Wind patterns are generally easterly during the day and westerly during the evenings. B. Soils and Topography The Land Study Bureau Overall Master Productivity Rating for the subject site is "C" (C-42) or fair. The "C" classification denotes soils of the Hilo and Wailea series, with deep, moderately fine soil material. The color is dark brown, and the parent material is volcanic ash. This type of soil is well drained and moderately suited for machine tillability. Having been planted in sugar cane in the past, the State of Hawaii's Agricultural Lands of Importance to the State of Hawaii (ALISH) maps classify this site as Prime. 12 C. Natural Hazards 1. Drainage The US Corps of Engineers' Flood Insurance Rate Map (FIRM) designates most of the project site to be located in Zone X, areas outside the 500-year flood plain. The Applicants have not observed any significant runoff or erosion in the recent past. Pursuant to County drainage requirements, appropriate drywell and/or similar means to capture runoff from the newly constructed improvements will be built, if necessary, in conjunction with the subdivision approval process. 2. Tsunami Hazard As the site is located over two (2) miles from the ocean, it is located outside of the Civil Defense's Tsunami Evacuation Zone. 3. Volcanic and Earthquake Hazards The United States Geological Survey (USGS) classifies the area as Lava Flow Hazard Zone 8, on a scale of ascending risk 9 to 1. The City of Hilo is classified Zone 3. The entire island of Hawaii falls within Earthquake Zone 4, according to the County Building Code. As such, certain structural standards were required as part of the recent improvements to the dwelling to address this seismic hazard. D. Flora/Fauna 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. The site is generally cultivated into fruit bearing trees with an equestrian component. It was formerly used for sugar cane. As such, the Applicants believe that the property does not have any floral significance. 13 The site is not known to be a habitat for any rare or endangered animal life. Given its elevation, however, it would be possible to find the Hawaiian Hawk (i'o) and the Hawaiian Owl (Pueo). Further the rural nature of the surrounding areas would make it less likely to find endangered animal life in this area. E. Historic/Cultural/Archaeological Resources As the site was formerly cleared and used for sugar cane and now for fruit bearing and equestrian activities, no commissioned archaeological survey of the site was made. As such, the Applicants do not believe that the site has any archaeological features. However, in the event any inadvertent discoveries are made during any land disturbance activity relating to this project, work will cease, and the applicant will immediately notify the Planning Department and the State DLNR and secure their clearances before proceeding further. F. Valued Cultural Resources In view of the recent 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 tradition and customary practices of this site. 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. 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 a purpose today. In the event legitimate gathering claims are made by native Hawaiians, the Applicants intend to respect and honor such claims and provide the needed access within the site. 14 Based on the above, it does not appear that the project would have any potential adverse impact relative to the cultural and historical resources of the area which cannot otherwise be mitigated. G. Water and Coastal Resources The subject site is located well over two (2) miles from the coastline. As such, coastal impacts resulting from discharge of wastewater systems from the site should not be significant. Further, being a non- coastal property, no coastal access will be affected. As the site falls within the Critical Wastewater Disposal Area, septic tanks have been required for the new dwelling as well as the three (3) room addition to the existing dwelling. These were constructed in a manner meeting with the approval of the State Department of Health. I. Noise, Air Quality, and Dust The existing private Kalaoa Camp Road has a 12-foot pavement with graveled shoulders within an existing 30-foot easement through the property. This road abuts the Hawai'i Belt Highway (Highway 19). The existing ambient traffic level along the private road is relatively low. Relative to the traffic along Highway 19, however, the traffic can be significant during certain hours. Given that the 8-bedroom dwelling already exists and used for both short and longer term guests, the Applicants do not envision any more significant vehicular movements other than what currently exists. Thus, the noise level associated with traffic is not anticipated to increase significantly at all. The proposed development should not generate any direct airuq ality impacts. The only discernible air quality impact could be associated with the vehicular traffic to and from the site. While there will be an impact to the ambient air quality, the impact should not be significant, as the project will not result in any significant increase in density. Further, with higher EPA standards for automobile air emissions, the air quality impact should thus hopefully not be significant. As such, any potential dust would be associated with their on-going agricultural activities. As needed, the Applicants will comply with the pertinent requirements of the State Department of Health. 15 J. Scenic and Visual Considerations In the Natural Beauty element of the General Plan, there are sites or areas listed as being a scenic resource. The subject site is not listed as a scenic site. However, there were a few examples cited in this area such as Mauna Kea. The proposed 5-room B&B will not result in the addition of any new structure. As such, the visual impact to Mauna Kea would be negligible if at all. While the site is located on the mauka side of the Highway, it is sufficiently removed from it to obstruct any of that view. VI. SOCIAL AND RELATED CONSIDERATIONS A. Surrounding Land Uses The land use in this area is generally rural/agricultural in nature. There are some agricultural activities in this area. For the most part, the immediate surrounding lots are used and/or zoned for rural- residential and agricultural purposes. There are a number of lots ranging between 1-5 acres in this area. Notwithstanding the A-20a designation of the surrounding properties, given the existing conditions, the proposed 5-room B&B would not be incongruous with the emerging rural-agricultural pattern of this area. B. Economic Impacts The requested 5-room B&B would have some measure of economic impact, as collectively, it would be subject to the Transient Accommodations Tax and other short-term assessments. As noted earlier, the operation of the B&B will not negate the on-going operations of the family-oriented farm. With the fruit-bearing trees and the nursery, the project could help serve as catalyst for the surrounding properties to be used more intensively for small-scale family-oriented truck crop farming. As such, with direct agricultural use plus the added tax revenues, the project could have some positive influence on the island and area's economy. 16 C. Agricultural Impacts As noted above, the requested use of the 8-bedroom dwelling as a 5-room B&B should not compromise the on-going agricultural activities. If anything, it should enhance it, as some of the products would be made available to their guests. Regardless of the operation of the B&B, the other on-going agricultural activities will continue. Specifically, the Applicants and one of their children have developed a nursery that provides or supplies gourmet type of products that have been used to supply local restaurants. These types of products, which require little soil and good drainage, include poha, arugula, as well as dryland taro, sweet potato, lychee, banana and the like. Green waste mulch has been introduced to supplement existing soil composition. Because of the area's rainfall, water catchment system will not be needed. However, if needed and to minimize the stress of the County's water system, a catchment system can be installed. These on-going and planned agricultural ventures could help serve as a catalyst for some surrounding properties to be used more intensively for small-scale truck crops or floricultural farming. Furthermore, with direct agricultural use plus the added tax revenues, the project could have some positive influence on the island and area's economy. Finally, it should be noted that the proposed 5-room B&B will not involve the removal of any land for its operation. VII. INFRASTRUCTURAL CONSIDERATIONS A. Road Access to the project would be from an existing private cane haul road commonly referred to as Kalaoa Camp Road. It is a private road easement within a 30-foot wide right-of-way. The area from Highway 19 to the subject site has a 12-13 foot wide pavement with a 3-foot graveled shoulders. The road easement bisects the Applicants' original property. The subject site, however, is now situated on the north side of the easement. This private road eventually intersects with Highway 19, a State- owned and maintained road with a 22-foot wide pavement and paved shoulders within a 100-foot wide right-of-way. 17 B. Water The subject site is already serviced by County approved water meter within Kalaoa Camp Road. As the number of rooms in the B&B is for an existing dwelling, the water demand should be no more than its current use. As such, the Applicants do not believe that additional water service is required to service the additional 2 B&B rooms for a total of a 5-room B&B. C. Wastewater There is no County wastewater system in this area. The 8-room dwelling has a treatment plant which functions as a septic/treatment tank with two (2) seepage pits. These were required by the State Department of Health in conjunction with the construction of the 3- bedroom addition in 2014 or 2015 to their 5-bedroom dwelling. The approval is noted in Exhibit D. D. Solid Waste Solid waste will be handled through commercial haulers or the Applicants into authorized landfill sites or transfer stations. With the requested 5-room B&B, the potential for uses with toxic or related chemical waste would be minimal, if at all. Further, all agricultural waste will continue to be retained and utilized on the property. E. Other Government Services Although not really within the City of Hilo urban area, it is already being serviced. As such, no extension of government services would be required. The nearest fire station is located at Hilo, which is about four (4) miles from the subject site. The Police Station is also located in Hilo. The Kalanianaole School (K-8) is located less than two (2) miles from the site. County parks are available in Pepeekeo, Papaikou, and Hilo. As such, the project should not result in the extension of any of these government services. Further, the required public facilities are located reasonably proximate to the subject site. F. Other Utilities All other utilities such as telephone, cable, and electrical services are available on the site. 18 VIII. SPECIAL PERMIT GUIDELINES 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 The subject request will not be contrary to the Land Use Commission Rules (HAR, Title 15, Chapter 15), Planning Commission Rules (Rule 6), or Chapter 205, Hawaii Revised Statutes, which purposes are to 1) preserve, protect, and encourage the development of lands in the State for their best uses in the interest of the public welfare, and 2) protect, conserve, and rationally develop the State's urban, agricultural, and conservation lands using a coordinated and balanced approach. In this situation, the subject site's soil resource is Class C or "Fair". The soil resource based on that classification is thus deemed important. It should be noted that the project will result in no land currently used for agriculture to be removed. More importantly, however, the project will result in more intensive agricultural use. The project should result in more intensive agricultural use of the subject site, as the income generating from the B&B could help sustain and expand the Applicants' on-going and planned agricultural activities. At the same time, guests will be exposed to the Applicants' farm and practices, which could generate interest in farming. B. Relationship to General Plan and Other Planning Requirements The project's relationship to the County General Plan and Hamakua Community Development Plan is discussed in Chapter V-B and C. Regarding the County General Plan, it should be noted that while the General Plan was amended in 2005 (subsequent to approval of the SPP), there were no significant changes to the policies and LUPAG map affecting the subject area. Thus, the reasons justifying the original B&B request as outlined in the Commission's approval of the SPP (Exhibit A), still apply. In sum, Chapter V-B notes the project's consistency with the goals and policies of the Agricultural, Land Use, and Economic elements. The project will enhance the agricultural activities of the site, while 19 potentially fostering other areas to engage in agricultural pursuits as well. There will be added direct and indirect employment opportunities. Further, the project will address all essential infrastructure requirements without burdening the community and County. The project also fulfills the objectives of the Hamakua CDP, as outlined in Chapter V-C. Specifically, it implements the character, agricultural, and growth management goals. The dwelling has been built in accordance with the prevailing building and associated codes, including the Zoning Code such as parking, setback, and height. Further, the 5-room B&B meets the standards for a B&B as outlined in the County Zoning Code. C. Impacts to Surroundinq Properties The existing 8-room dwelling would be used for this project. As such, physically or visually, this request is somewhat akin to "what you see is what you get". The existing background ambient noise level in this area is wind, foliage, birds, and the like. The significant manmade noise is influenced by the traffic associated along the Hawai'i Belt Highway. The Highway, however, is nearly a 'h mile from the subject site. With the conversion of the existing eight (8) bedroom dwelling into a 5- room B&B, there will be a minor increase in traffic along Kalaoa Camp Road. This would be unlike if additional rooms were to be constructed. As such, the traffic impact to both Kalaoa Camp Road and the Hawaii Belt Highway should not be significant, if at all. Further, there will be no construction related noise and dust impacts, as none are being contemplated associated with this request. The proposed use should not generate any direct air quality impact. As the project itself is not expected to have uses that generate adverse air pollutants, the only discernible air quality impact would be associated with the few vehicular traffic to and from the subject site. While the added traffic could have an impact to the ambient air quality, the impact should not be significant. This is due in part to the higher EPA standards for vehicular air emissions and the prevailing Tradewinds. 20 D. Suitability of the Site The site is suitable for the requested use. The subject site is already established and provides services to at least three (3) guests within the B&B. Adding two (2) more rentable rooms within the existing dwelling, in terms of surrounding impacts, is no different than accommodation for family members. More importantly, to have the operator geared for a family potentially helps address much-needed housing. Collectively, then, the 5-room B&B within an 8-room dwelling addresses both the housing and vacationers needs. The area of the B&B is already being used as such. As such, there should be no additional environmental, archaeological, or cultural constraints that would render the site unfeasible for its conversion into an inn. All the basic infrastructure is already in place. The site is situated just on the outskirts of Hilo. This has and will continue to provide another employment opportunity, albeit small, for residents of this area, some of whom travel outside of the district for employment. E. Altering Character of Land The proposed B&B will not visually transform the character of the land. Unlike a quarry, for example, the request will not result in the transformation of a new landform. The basic rural-agricultural ambiance and landform will still be retained. The structure is of a residential scale and surrounded by the Applicants' on-going agricultural activities. Again, visually, this is a "what you see is what you get", especially as no new structures associated with this project are being contemplated. As the subject site has been improved, it is not likely that its use would result in an irreversible commitment of natural or archaeological resources. Further, there are no known floral or avifaunal resources on the site that require protection. There are also no known archaeological or cultural features on the subject site. The soil on the parcel has been classified "C" or fair by the Land Study Bureau, making it conducive for small-scale agricultural activity. That is evident by the existing use. It is reasoned that the use of the subject site should indirectly help foster and sustain instead of removing them from their agricultural use. 21 F. Unusual Conditions or Trends In 1999, the Hawai'i Tourism Authority prepared a Tourism Strategic Plan prepared, wherein the Plan recommended that the State look into tourism market niche opportunities. Two of these — although somewhat overlapping —are Agri-Tourism and Edu-Tourism. Agri- Tourism is travel for education with an agricultural bent. Edu-Tourism is along that line with an emphasis on education and training in Hawaii's unique natural and multi-cultural environment. The expanded B&B should be consistent with these niche opportunities plus Eco-Tourism by having the B&B situated within an on-going small-scale family farm. It should also be noted that with the increasing trend towards working remotely, many visitors have combined business with vacation. In that regard, those type of visitors prefer staying in a quasi-domestic instead of a resort setting. Additionally, with certain fields of service currently being underserviced, especially in the medical and educational profession, short-term contractual works have helped to address that need. Thus, the B&B helps address this "unusual and conditions and trend" need. Based upon the foregoing, it is concluded that the proposed 5-room B&B is an "unusual and reasonable" use of the subject site and would promote the effectiveness and objectives of Chapter 205, Hawaii Revised Statutes. 22 ®q4Y . mss! County of Hawal"i WINDW-eiRD PLAIN G COALMSSIO1 Aapuni curter a ;vI P=ahi szwc suite 3 �Io,Hawai'f 96,,,2oPhone(8fl81 SbI-323 � rax(8038}961-5?4� Garvin and Laura Goode P.O.Box 552 Papa'lkous lI 96.741 Dear Nor.and, N-Irs. :�floAe: Special Permit kpplicadon(SPP 13-000151) Applicant: Garvin and Laura Goode Request, To A1?ow the E,stabiishment of w ed &'d Breakfast£operationitbi*n an.Existing Single-Family Dwelling Tax.Ma-o Key: 2.7-008:130 The Windward Planning Commission,at its duly held,public bearing on August 1,2013,. voted tD approve the above-referenced:request to allow the establi,shment of three(3)unit bed and breakfast operation and a certified.kitohen r it in an existing single family dw eRing located on a portion of a 7.684-acre.parcel of land situated within the State1and Use kgricultural AgriculturalDistrict. The property is located at the northwest corner of State Highway 1.9 and Kalaoa Camp Road,. adjacent w.and south cS as?ulv_,''�u SL-c-ma ,Kalaca,South HIk;,H7u.wai`i_ Approval of the request is based on the following: The applicants,Garvin and.Laura Goode,are requesting a.Special Permit to establ€sha three:(a)unit bed and breakfast operation and a icer tified kitchen within an existing 5-bedroom/5-bath single family dwelling on a portion ofa'7.6i$4-.acre parcel of land. Each of the three(3)bedroom units has its own entry:door and bathroom. The certified,kitchen will be for providing a'hot breakfast solely to the auests of the bed and breakfast,such as scramblcd crgg5,Freaac-h toast,zn?,£fcxis,peaces es e..a breads_ The business.will be operated mainly by family members,but.additional:employees may.be. hired.to include one to two part-time employees in the,future. Hawaii L'Qumy is an Equal Opportuni v Provider and Employer 9 EXHIBIT A Gandn and Laura Goode Page 2 A majority of the property is used for active agricultural,purposes,such as growing fruits and vagetaNies. There are also aniTnals raised on the property including chickens,a.pig,sev,,eml donkeys, as well as bi lapia fish. The criteria for approving a Special Pem-lit are based on Rule 6-7 in the Planning Commission Rales. Rule 6-7 states that the Planning Commission shall not=prove a Special.Permit-unless.it is found that the proposed use(a)is an unusual and reasonable use of land situated within the Agrlieuituml District,and(b)the proposed use would promote,the effectiveness and objectives of Chapter 205.Hawai'i Revised Statutes,as amended. The-proposed use is an unusual and reasonable use cif land situated within the State Land Use Agricultural District and would promote the effectiveness and objectives of the State Land Use Law and Regulations and Chapter 205,HRS,as amended. In recognizing that lands within the Agricultural district might not be best suited for agricultural activities and yet classi f i ed.as such.,and in recognition that certain types of uses might n. ot be strictly agricultural in nature,yet reasonable in such districts, the legislature has provided for the Special Permit process to allow certain unusual and reasonable uses withib the Agricultural district. The subj ect property is 7,684 acres in size and Is situated wiflain.the Copy's AgEicultuml(A-20a)zoned distdqL A majority of the property is used for active agricultural purposes,such as growing fi-aits and , vegeta-blesan id.raising animals. The propost;d bed and breakfast operation.will bt-.wiffiin an existing dwelling located on the 7-acre property and will be subordinate and incidental to the principal use of the existing residence and wilt not diminish the potential for any agricultural activity on the property. Therefore,the subject request is considered an unusual and reasonable use of agricultural land, The land on which the,proposed use is located is Classified as Prime Agricultural Land by the Agricultural Lands of hnpo-rtarice to the State of Hawai'l(ALISH)Map and identified as.important AgriGultural.Land on the general Plan's Land Use Pattern Allocation,Guide.(I;UPAG)Map. Additionally,the soil is classified as"C'or"Fair'for the subject by the Land Study Bureau's:Detailed Land Classification System. Thesol is identified.as Hilo silty-clay loam, 10 to 20 percent slopes(HoD),by the U.S_Soil Survey. This soil is used z,,Dr sugarcane. As the use will be conducted entirely within An existing dwelling,the proposed use will.not adversely affect the presa-vation and agricultural use of the Countys prime agricultural lands.and is not contrary to the objectives sought.tia be accomplished by the State LznCl Use Law and-RcMations. Garvin and Laura Goode Page 3 In addition to the above listed criteria,the Planning Commission shall also consider the criteria listed under Section 6-3(b)(5)(A)throw,(G)- In considering the criteria,the Planning Director recommends the following— (A) Such use shall not be contrary to the objectives sought to be accomplished by the Land Use Law and Regulations. The subject request is considered an-unusual and reasonable use of the agricultural land and the proposed use will not adversely affect thepreservation and agricultural use of the County's prime agricultural lands. (B) The desired use would not adversely affect surrounding properties. Sizrounding properties are similarly zoned A-20a and consists cif larger properties with. scattered dwellings,agricultural.uses.,and pastureland. The nearest dwelling is located approximately 300 feet to the southwhich is separated by large trees and a gulch. As the proposed use will occur within an existing:dwelling,it is not anticipated to have.an adverse a5-.ct on the surrounding properties. The Planning Department has received several letters of support for the proposed request. (C) Such use shall not unreasonabkv burden public agencies to provide roads and streets,sewers,water,drainage,school hinpro-veraeats,and police and fire protection. The requested use will not burden public agencies to provide additional services- Access to the project site is from the Hawaii Belt Road(Highway 19),a State- owned and maintained-road with a 22-foot pav=eat and paved shoulders,within an I00-foot rigbt-of--way onto Kalaoa Camp Koad,which has a 13-foot gravel road within a 30iroot access easement over private property. Traffic in the area would not substantially increase as a result of the proposed use. County waters available to the,property. wastewater is disposed of into existing approved individual wastewater systems. The property is situated within an area designated as Flood Zone Y,an area determined to be ,31,tsI,je the�nf) ,- of 1I 1 :n- Elc- -t+annAa----- d telephone a-va-flable t--the property -cod pa and police and fire services are available in.Hilo. A condition of approval will be included to require the applicant meet all applicable County,State and Federal laws, r zees,regulations and roquirement,& (D), Unusual conditions,trends,and needs have arisen,since district boundaries and regulations were established. In the 1960's and 1979s,the States Agricultural district boundaries and regulations were established and subsequently amended p-ursusnt to HRS Chapter 205. The State Land Use Commission was created in 196-1,and interim rv,-ulations and temporary district bourd-aties became effective in 1962. SubseauentIv,the regulations and Land Use District Boundaries became effective.in August of 1 5�4. Although the property and surrounding areas are designated for Garvin and Laura Goode Page 4 agricultural uses by both State and County land use laws,through the issuance of a Special Permit,various".non-agricultural"servrices may be allowed. (E) The land upon which the proposed use is soucght is unsuited for the uses permitted within the district Although the land is suited for agricultural uses as permitted within the dis&tcL the proposed request will be conducted entirely vathin an existing dwelling,and therefore will not diminish or foreclose agricultural opportunities- Additionally,a m4Jorfty of the property is currently being utilized for aggicultuxal activities. (F) The use will not substantially alter or change the essential character of the land and the present use. The proposed use will be conducted entirely within an existing dwelling and will not diminish the present agricultural use of the property. Thus., the proposed use will not substantially alter or change the essential character of the land or its present use. (G) The request will not be contrary to the General Plan and official Community Development Plan and other documents such as Design Plans. The Land Use Pattern Allocation Guide(LUPAG)Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growt1i and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUIPAG Map establishes the basic urban and non- urban form for areas within the County. The property is.located in an area identified-as Low Density Urban and Important Agricultural La-nds on the General Plan LUPAG Map. The upper two-thirds of the property where the proposed request is located within the area identified as Important Agricultural Lands. Important Agricultural Lands are those lands with better potential for sus`; ined high agricultural yields because of soil type, climate, topography,or other factors. As the use will be conducted entirely within the e%; -dwe'lling and structures�the request wil-I not be coot-a- TPAG Map , isting y to the LTJ designation for this area. Additionally,the approval.of the subject request would support the goals and policies of the Land Use and Economic elements of General Plan. Land Use Element Bricaurage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social envirom-nezit. Ga:vLn and Laura Goode page 5 Econarnic Element Provide residents witda-opportunities to iniprove their quality Of life!hrough economic developmtzt that enhances the County's natural and social erviroranents. Strive fo r an economic climate'Whi ch provides it s residents an opportunity fo r choice of occupation. Encourage the development of a visitor industry that is consistent with.-die social, physical and economic goals of the residents of the County. The property is not of ected by any design plans. The Northeast Hawai'i Community Development Plan,which was adopted by Ozrdiiiance No.445 on June 26, 1979,supports and encourages visitor industries for the p1 art area. Therefore,the proposed request will not be contrary to the General Plan and the official Com- munty Development Plan and other documents such as Design Plans. The proposed project is consistent with the objectives and.poHeies as proyided by Chapter 205A,URS,and Special Management Area guidelines contained in Rule No.9 of the Planning Commission Rules of Practice and Procedure. The purpose ofChapter 205A'Hawai'i Revised Statutes(HRS),and Special management mea Rules and Regulations off the County of Hawaii,is to preserve, protect,and where possible,to restore the natural.-j .esources of. e coastal zone areas. TI,,erefore,special controls on development Awnliin an area along the shoreline are � - -F necessary to avoid permanent loss of valuablexesources and the foreclosure-0' management options. in reviewing the proposed development,it has been determined the,ii is co,-;Isister�,7,witb.the and- icies listed under- Chapt—er 205A,HRI S,. ,-,b resources,historic resolEces,scenic , ich includes protecting and preserving recreational and open space resources,coastal ecosystems,economic uses,coastal hazards,.beach protection,and maine There are identified recreational resources along the Hilo Coast. These include surfing,fishing,boating, and other similar types of activities. There are identified public access areas to the shoreline near the subject property- The proposed development will noTaf fbot pubi!ti to the=-tOUXAadns Or the sl-Lor6'line- The proposed development-will not substantially affect scenic vistas or �ievTl,anes. The project will not have an adverse impact on coastal recreational resources Garvin and Laura G'oode Page 6 to the shoreline and coastal ecosystems. 'rhe project not,restrict access to coastal recreational resources along the shoreline. There is no evidence of any traditional and customary Native Fawaiian.ri&Lr,, beingC.7 practiced on the site,nor existence of any know m valued cultural,historical or native resources on the property. The subject propeny,is located approximately a half mile from the closest shoreline and is not located within the Special Management Area.. Given the fact that the property has been used for agricultural actillities, and has been developed with a dwelling in which the proposed use will oo-rur and an additional farm dwelling,it is unlikely that any archaeological features and threatened pianf�animal or avian species-x ill be adversely affected. Lastly,this approval is made uith the understanding that the applicant remains responsible for complying with all ofher applicable governmental requirements in connection with the approved use,prior to its corrinencem=t or establishment upon the subject property- Additional governratntal requirements.may include the Issuance of building permits,the installation.of approved wastewater disposal systems,compliance with the Fire Code,installation ofimprovements required by the Amer-can with Disabilities Act(ADA),among many others. Compliance-with all applicable governmental requirements is a condition of this approval;failure to comply with such requirements will be considered a violation that may result in enforcement.action by the Planning Department andior the affected agencies. Based on the above considerations,the proposed.tffiree(3)unit be droom bed mid breakfast operation is an unusual and reasonable use of land which would not be contrary to the objectives sought to be accomplished by the Land Use Law and Rc-gulations. Approval of this requeit is subject to the follow]-ing conditions: 1. The applicants,successors or assigns shall be responsible for complying with all stated conditions of approval. 2. The bed and bre-alfast operation shall be conducted in a Inanner that is substantially representative of plans and details contained within the Application for Special Permit and the representations made before the Windward Planning Commission. The bed and breakfd5t oprrv.TiQn lin-'Itecl to 4 U-se of t33 bedroomg within the existing 5-bedroom dw-alling- Gamin and Laura Goode Page 7 4. The certified kitche", shall be operated f6r,the sole benefit of the guests of the bed and breakfast ou--ration and in direct support of agricultural uses on the property. 5. Weddings,concerts,conventions and other types of special events and activities shall be prohibited. 6- The applicant shall comply-;-;-ith all applicable County,State and Federall laws, rules,regulations and requirements. 7. Should any of the-se conditions not be met or substantially complied with in a timely fashion,the Director rnay initiate procedtzes to re-,,olke this Special Permit. T his approval does not,however, sanction the specific plans submitted-with theapplication as they may be subject to change given specific code and regulatory requirements of the affected agencies. Should you have any questions,please contact Darya:Arai of .Planning Department at 9661-8288. Wallace A.Ishibasbi,jr.,Chairman! Windward Planning'Commission J.soodcspp13-000151 cc: D.epartment, of Public Works Departzaent of Water SuPPIY county Peal Property Tax Division State Land Use Commission State Department or'I'lealth vir. Gilbert Bailado, GIS Analyst DocuSign Envelope ID:FBD1C6C9-2470-4547-AB; .66FF745F3A J�tY Os y4�' COUNTY OF HAWAII •_: _* STATE OF HAWAII +I�EOf:117.;71r BILL NO. 134 ORDINANCE NO. 22 42 AN ORDINANCE AMENDING SECTION 25-8-34 (PAPA`IKOU-ONOMEA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED),BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—TWENTY ACRES (A-20a)TO FAMILY AGRICULTURAL—TWO ACRES (FA-2a) AT KALAOA, SOUTH HILO,HAWAII, COVERED BY TAX MAP KEY: 2-7-008:130. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-8-34,Article 8, Chapter 25 (Zoning;)of the Hawaii County Code 1983 (2016 Edition, as amended)is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kalaoa, South Hilo, Hawaii, shall be Family Agricultural—2 Acres(FA-2a): 1. 00 0' 00" 283.49 feet along A-2; 2. 780 51' 00" 226.36 feet along the south side of Kalaoa Camp Road,- 3. oad;3. 100 42' 00" 276.84 feet along other lands of Grant 2396 to Kaikaina; Thence along the middle of Kahauiki Stream,the direct azimuth and distance being: 4. 1030 43' 29" 467.09 feet; 5. 1730 40' 00" 81.06 feet along Lot D; -1- EXHIBIT B . DocuSign Envelope ID:FBDiC6C9-2470-4547• E-2266FF745F3A Thence along a line 10' southeast of the top of gulch, the direct azimuth and distance being: 6. 600 01' 55" 391.61 feet along Lot D; 7. 1600 02' 54" 101.50 feet along Lot B-1-A-1; 8. 740 34' 30" 207.73 feet along same; 9. 910 34' 00" 61.53 feet along same; 10. 910 29' 20" 39.21 feet along Lot A-2; 11. 1880 14' 47" 342.21 feet along Lot D to the middle of Aukuu Stream; Thence along the middle of Aukuu Stream for the next four(4) courses,the direct azimuth and distance being: 12. 2820 59' 39" 380.85 feet; 13. 2360 32' 32" 271.95 feet; 14. 2580 20' 14" 780.06 feet to the point of beginning and containing an area of 9.581 acres, more or less. All as shown on the map attached hereto,marked Exhibit"A" and by reference made a part hereof. SECTION 2. In accordance with Section 25-2-44,Hawaii County Code 1983 (2016 Edition, as amended),the County Council finds the following conditions are: (1) Necessary to prevent circumstances which may be adverse to the public health, safety and welfare; or -2- DocuSign Envelope ID:FBD1C6C9-2470-4547-AE 266FF745F3A (2) Reasonably conceived to fulfill needs directly emanating from the land use proposed with respect to: (A) Protection of the public from the potentially deleterious effects of the proposed use,or (B) Fulfillment of the need for public service demands created by the proposed use_ A. The applicant(s), its successor(s)or assign(s)("Applicant") shall be responsible for complying with all of the stated conditions of approval. B. The Applicant shall be responsible for complying with all requirements of Chapter 205,Hawaii Revised Statutes,relating to permissible uses within the State Land Use Agricultural District. C. Final.Subdivision Approval shall be secured within five(5)years from the effective date of this ordinance. D. The Applicant shall secure approval for and construct necessary water system improvements as required by the Department of Water Supply,which may include,but not be limited to,installation of a new service lateral and meter and remit the required facilities charges. E. The land area encompassing the access and utility easement shall not be included in the calculation of land area for purposes of subdividing the subject parcel. F. Restrictive covenants in the deeds of all proposed lots shall give notice that the terms of the zoning ordinance prohibit the construction of a second dwelling unit and condominium property regimes on each lot. Prior to the submittal of plans -3- DocuSign Envelope ID:FBD1C6C9-2470-4547-A^-2266FF745F3A for subdivision review,this restrictive covenant shall be recorded against the parent lot(s)with applicability to all lots subsequently created from the parent lot(s). This restriction may be removed by amendment of this ordinance by the County Council. A copy of the proposed covenant(s)shall be submitted to the Planning Director for review and approval prior to recordation with the State of Hawaii Bureau of Conveyances,with a copy of the recorded document to be filed with the Planning Department along with the subdivision application. G. Prior to Final Subdivision Approval,the Applicant shall cancel the Additional Farm Dwelling Agreement(FDA-09-000255)and the Additional Farrn Dwelling Agreement(FDA-18-000459) with the Planning Department. H. All development generated runoff shall be disposed of on site and not be directed toward any adjacent properties. I. All earthwork and grading activity shall conform to the Hawaii County Code Chapter 10,Erosion and Sedimentation Control, and Chapter 27,Flood Control. J. The method of sewage disposal shall meet with the requirements of the State Department of Health. K_ In the event that surface or subsurface historic resources,including human skeletal remains, structural remains (e.g.,rock walls,terraces,platforms, etc.), cultural deposits,marine shell concentrations, sand deposits, or sink holes are identified during the demolition and/or construction work,the Applicant shall cease work in the immediate vicinity of the find,protect the find from additional disturbance and contact the State Historic Preservation Division at(808)933- 7651. Subsequent work shall proceed upon an archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation measures have been taken. -4- DOWSign Envelope ID:FBDtC6C9-2470-4547-AE 2 66FF745F3A L. The Applicant shall comply with all applicable County,State and Federal Laws, riles,regulations and requirements. M. An initial extension of time for the performance of conditions within the ordinance may be granted by the Planning Director upon the following circumstances: 1. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the Applicant and that are not the result of their fault or negligence. 2. Granting of the time extension would not be contrary to the General Plan I or Zoning Code. 3. Granting of the time extension would not be contrary to the original � reasons for the granting of the change of zone. 4. The time extension granted shall be for a period not to exceed the period originally granted for performance(i.e., a condition to be performed within one year may be extended for up to one additional year). 5. If the Applicant should require an additional extension of time,the Planning Department shall submit the Applicant's request to the County Council for appropriate action. Should any of the conditions not be met or substantially complied with in a timely fashion,the Planning Director may initiate rezoning of the area to its original or more appropriate designation. -5- DocuSign Envelope ID:FBD1C6C9-2470-4547-i E-2266FF745F3A SECTION 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid,the invalidity does not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: CO IL MEMBER, COUNTY OF AWAI`I Hilo Hawaii Date of Introduction: March 23, 2022 Date of 1st Reading: March 23, 2022 Date of 2nd Reading: April 6, 2022 Effective Date: April 21, 2022 REFERENCE Comm. 656 I� -6- DocuSign Envelope ID:FBD1C6C9-2470-4547-ABE 36FF745F3A I � A- a °z a -20a F t -10 a PU'UMO'I ROAD f 3, 85.77'S 3,527.06'E `ALALA" A-20a 510 I A-10a R5 20 I y m -20 i KALAOq CgMp ROAD �a _1'o ya R5- A-20a 10 RS-10 RS- 0 ALEAMAI ROAD AGRICULTURAL(A-201)TO FAMILYAGRICULTURAL(FA-2a) 9.581 ACRES A-20a A-la A-1 a A-10a RS- 0 R -10 . kAIEI�ROAD -20a RS 10 RS-10 A-10o l0a - 0 600 9,200 9,800 Feet 2,400 3,000 AMENDMENT TO THE ZONING CODE AMENDING SECTION 25-8-34 (PAPAIKOU-ONOMEAZONE MAP)ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION,AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL(A-20a) TO FAMILY AGRICULTURAL(FA-2a) AT KALAOA, SOUTH HILO, HAWAII MAP PREPARED BY: TMK:(3)2-7-009:130 COUNTY OF HAWAII, PLANNING DEPARTMENT DATE:October 5,2021 EXHIBIT"A" Garvin and Laura Goode Map. 1431 iDocuSign Envelope ID:FBMC6C9-2470-4541 jE-2266FF745F3A 40 OFFICE OF THE COUNTY CLERK BLJN T Y, .LtRk County of Hawai`i C T,, �' �. Hilo,Hawaii ZIZZ APR 26 M t . -1. Introduced By: Ashley L. Kierkiewicz (B/R) ROLL CALL VOTE Date Introduced: March 23, 2022 First Reading: March 23, 2022 AWES NOES ABS EX Chung X g Published: April 1, 2022 David REMARK,S_, Inaba X Kaneali'i-Kleinfelder X Kierkiewicz X Kimball X Lee Loy g Richards X Villegas g Second Reading: April 6, 2022 To Mayor: April 14, 2022 0 1 1 Returned: April 26, 2022 Effective: April 21� 2022 ROLL CALL VOTE Published: May 6, 2022 YES NOES ABS EX jj- g REMARKS: X X -Kleinfelder X icz X g X X X 8 0 0 1 I DO HEREBY CERTIFY thatthe foregoing BILL was adopted by the County Council ublished as indicated above. r _ `� COUNCIL CHAIRPERSON Approved/ tsapproved this D-( day of 120 y� CO 6�1�� Bill No.: 134 MAYOR, COUNTYOFHAWAI7 C-656/PC-50 Reference: n Ord No.: r2 42 pA pppp 9a 1 I1 e�e�4g 1 1 xs_ gtt' , 1 roazt _ Nag gig Al r"1 mill LOT C-3 m f: IT4 - \ `\\ F i g - . . . " • g EXHIBIT C 0 ATLAS ENGINEERING,LLC O P.O.BOX 11188 0 HILO,HI 96721 PH: 965-7350 0 FAX 965-9531 May 19,2014 GARVIN AND LAURA ODE TRUST P.O. BOX 552 v PAPAIKOU,H1 96781 1 SUBJECT: APPROVAL O USE LETTER Dear GARVIN AND LA IMPORTANT At the request of the S e of Hawaii Health Department,the Building Department of the County of Hawa' now requires the owner to submit a copy of the IWS Approval for Use lettto the building inspector as a prerequisite for final approval of a newly cork4ructed dwelling and nonresidential facilities. A copy of the letter is atts thed. I have also included a copy of your As Built system. Please keep the letter and the co of the As Built system for your files. If you have a contractor bt,ildingyour house,please be sure to see that a copy of this approval of use letter is given to theM. M o, au Nash,P.E. ��- Important: If you have anaerobic system,please be sure to follow the manufacturer's operation and maintenance guidelines carefully. If you have a commercial septic system,we recommend that you post a copy of the recommendations from the Department of Health, State of Hawaii Wastewater Branch(a cop is attached)where your patrons can see it. EXHIBIT D •C�.�'d\859 '9 NEIL ABERCROMBIE 1 GOVERNOR OF HAWAII o Q�'z LINDA ROSEN,M.D.,M.P.H. DIRECTOR OF HEALTH STATE OF HAWAII DEPARTMENT OF HEALTH In reply,Please refer to: P•0.BOX 3378 File: HONOLULU,HI 96801-3378 May 15,2014 Paul A Nash Atlas Engineering, LLC P.O. Box 11188 Hilo, HI 96721 Dear Sir/Madam: Subject: Individual Wastewater System(IWS)for Owner/Lessee:Garvin and Laura Goode Trust Goode Project Site:27-2365 Hawaii Belt Road, Papaikou,HI TMK:327008130 IWS File No.:51500(Cesspool-New)E-Filed Old File No.:N/A We have received your IWS final ins ection report, Certification of Construction and As Built Plans for the above IWS.Information submitted to us indicates that the installed IWS meets applicable provisions of Hawaii Administrative Rules,Title 11 Chapter 62,entitled Wastewater Systems. The subject IWS Is hereby approved for use. As the professional engineer respon ible for the Certification of Construction,please inform your client that the above IWS is approved for t se.You are also responsible for seeing that your client receives a copy of this Approval for Use letter together with the IWS as-built plans.We strongly recommend that you discuss the necessary operation anc maintenance of the individual wastewater system with your client. Emphasis should be placed on perio lic inspections of scum and sludge accumulation as well as informing them not to dispose of materials that could affect the operation of the wastewater system. If the IWS is an aerobic system,plea a inform your client that an active service contract must be maintained. Furthermore,the Department of Health may perform an annual inspection of the subject wastewater system for compliance A'th our Chapter 11-62 rules. Should you have any questions,ple se feel free to contact Amy Cook at 933-0401. Sincerely, SINA PRUDER,P.E. Chief,Wastewater Branch W CESSPOOL INFORMATION FORM WASTEWATER BRANCH-STATE OF HAWAII TMK:(3)2-7-008: 130;CESSP OL#3 Lot No. IWS Permit No. 57(,5-00 Property Owner: GARviN AND LAURA GOODE TRUST Number of Bedrooms.FOUR Project Address: 27-2365 HAW BELT ROAD City:PAPAIKOU,S.HILO Distance from Building(ft): lo` Distance from Property Line(ft): 198' Resspool Diamete�C(ft):6' sS�pol Cover Diameter(ft: ` te: Cesspoo(Depth shaft ife measured fro unt�t piping to ottom of the ckss�pooL) Cesspool Depth($): 10' Access Provided for Cesspool(P1 a Circle one}. Yes No Size of Access Opening(in): 2111 6"Inspection Port w/Cap to Gr (Please Circle One) Ye No N/A Type of Lining:none No.of Feet to Water Table(ft): Not Observed Distance from Finished Ground t Top of Cover(ft):1.5' Contractor:Louis Nobriga L" ense No.: C-14104 Contractor License Type(please C one only,No others): A C-9 -37,or 0-43 Date Inspected by Engineer: 4/9114 As the engineer performingg�the al inspection,I submit the above information and the"As-built"as drawn below. I also submit the fd lowinstatement: ' The cesspool has been led in strict accordance with the p r r tied and approved by DOH gX� Noted changes to t approved plans have be made,an 'essp of `t' ed is acceptable to me. E gtneces Stamp S 3 Ignature _�J Engineer's Name: Paul A.N t � 149-C; # PROVIDE AS-BUILT DRA G IN SPACE PROVIDED W= PROPOSED THREE BEDROOM ADDPTION EXISTING lEB� , FARM DWELLING EXISTING CESSPOOL#2 EXISTING - - - FIVE BEDROOM - — c DVi7FII1DTG �. >�W T PROPOSED TIMM t??}tr l EXISTING BEDROOM ADDMON FIVE BEDROOM DWELLING t Q t 0 GALLON PRETREAMM ANK l 'L3' STT.PTTC TANK' -" T..-. Cw7 . \--DWr=Un0N'BOX .: 4 C ESS F'n0 L)4` _ X173 NPIV CESSFOOL i gAVKAIIBEI,T ROAD Scp.Llr: �,�^4th DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: March 8, 2024 IffewaW0449 fL TO: Zendo Kern, Planning Director FROM: Department of Public Works, Engineering Division SUBJECT: Special Permit Application (PL-SPP-2024-000064) Special Permit No. SPP-13-000151 Applicant: Garvin and Laura Goode Request: Amendment to Special Permit No. SPP-13-000151 to Convert a Three (3)-Bedroom Bed and Breakfast into a Seven (7)-Bedroom Inn TMK: 2-7-008:130 We have reviewed the subject request and provide the following comments: 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. We have no other comments since the request is to use an existing dwelling that takes access from a privately owned road and there are no open violations associated with this property. Questions may be referred to Robyn Matsumoto at 961-8924. Planning Deps. Exhibit 2 County of Hawaii is an Equal Opportunity Provider and Employer OFµA7FR,Y DEPARTMENT OF WATER SUPPLY COUNTY OF HAWAII 345 KEKUANAO'ASTREET, SUITE 20 HILO, HAWAIA 96720 TELEPHONE (808)961-8050 - FAX(808)961-8657 April 16,2024 Gi~P PLAN#{HO DEpT 06OR 17 2024 P410:31 REC'7 HAND DELIVERED TO: Mr. Zendo Kern, Director Planning Department FROM: Keith K. Okamoto, Manager-Chief Engineer SUBJECT: Special Permit Amendment Application (PL-SPP-2024-000054) Special Permit No. SPP-13-000151 Applicant- Garvin and Laura Goode Request-Amendment to Special Permit No. SPP-13-000151 to Convert a Three(3) Bedroom Bed and Breakfast into a Seven (7) Bedroom Inn Tax Map Key 2-7-008:130 We have reviewed the subject application and have the following comments and conditions. The subject parcel has an existing 518-inch meter. A 518-inch meter has an allotment of one (1) equivalent unit of water which allows up to an average of 400 gallons per day. However, current average daily usage is up to 540 gallons per day,or two (2) equivalent units of water. Fire-flow standards are applied to Lots of one (1) acre or less, it should be noted that a 4-inch pipeline can only supply 436 gpm of fire-flow at the standard velocity, often 10 feet per second, and cannot meet the current fire-flow standards of 2,000 gallons per minute, for commercial land use. Prior to issuing any water commitment to the proposed special permit application,the applicant is requested to submit the following: I. The applicant will be required to submit estimated maximum daily water usage calculations, prepared by a professional engineer licensed in the State of Hawaii, for review and approval. The water usage calculations should include the estimated peak-flow in gallons, per minute and the total estimated maximum daily water usage in gallons per day. Upon acceptance of the water usage calculations, the Department will determine the water commitment deposit due, prevailing facilities charge (subject to change) to be paid, and water system improvements necessary for water service. Planning Dept. Exhibit 3 . . . Water, Our-Most 1tecious Resource. . . Xa tidal A Xane. . . The Department of Water Supply is an Equal Opportunity provider and employer. Mr. Zendo Kern, Director Page 2 April 16, 2024 2. Pursuant to Rule 5 of the Department's Rules and Regulations, a copy of which is being forwarded to the applicant, a water commitment deposit of$150.40 per additional unit must be remitted. The applicant will be informed of the deposit amount upon final determination of the submittal required in Item No. 1. Upon completion of the above requirements, an official water commitment will be effected in accordance with Rule 5 of the Department's Rules and Regulations. The commitment will be in writing with specific conditions and effective dates stated. The applicant shall keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially effected,water availability is subject to change without notice, depending on the water situation. Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at(808) 461-8070,extension 256. Sincerely yours, t V 6 VVKIC Keith K. Okamoto, P.E. Manager-Chief Engineer RQ:dfg copy—Mr. Garvin and Ms. Laura Goode (w/copy of Rule 5 of the Rules and Regulations) Mitchell D.Roth �'���� 1�;% Ramzi L Mansour Mayor Director Deanna S. SakoBrenda lokepa-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 rip FROM: Ramzi I. Mansour, Directo Department of Environmental Management DATE: February 15, 2024 SUBJECT: Special Permit Amendment Application(PL-SPP-2024-000064) Special Permit No. SPP-13-000151 Applicant: Garvin and Laura Goode Request: Amendment to Special Permit No. SPP-13-000151 to Convert a Three Breakfast into a Seven(7)-Bedroom Inn Tax Map Key: (3) 2-7-008:130, Aleamai, South Hilo, Hawaii The Solid Waste Division has reviewed the subject application and provides the following comments (Contact the Solid Waste Division for details). • Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. • 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 provides the following comments (contact the Wastewater Division for details): • Applicant shall follow Hawaii Department of Health, and all other applicable federal, state, and county regulations. Planning Dept. Exhibit,,. _4__ County of Hawaii is an Equal Opportunity Provider and Employer 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 16, 2024 TO: Mr. Zendo Kern Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Special Permit Amendment Application (PL-SPP-2024-000064) Special Permit No. SPP-13-000151 Applicant: Garvin and Laura Goode Request: Amendment to Special Permit No. SPP-13-000151 to Convert a Three (3)-Bedroom Bed and Breakfast into a Seven (7)-Bedroom Inn Tax Map Key: (3) 2-7-008:130, Aleamai, South Hilo, 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: hLtps:Hhealth.hawaii.gov/epo/landuse/. Contact information for each Branch/Office is available on that website. Note: Agencies and proiect 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), Planning Dept. Exhibit 5 Zendo Kern February 21, 2024 Page 2 of 4 Chapters 11-59 and 11-60.1. 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: https://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 11 Site Investigation should be conducted for projects wherever current or former activities on site may have resulted in releases of hazardous substances, including oil or chemicals. Areas of concern include current and former industrial areas,harbors, airports, and formerly and currently zoned agricultural lands used for growing sugar, pineapple or other agricultural products. 2. Standard comments for the Hazard Evaluation& Emergency Response Office are at: haps://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 ha2s://health.hawaii.gov/irhb/asbestos/. Safe Drinking Water Branch Zendo Kern February 21, 2024 Page 3 of 4 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- 25. They may be responsible for fulfilling additional requirements related to the Safe Drinking Water program: haps://health.hawaii.gov/sdwb/. 2. Standard comments for the Safe Drinking Water Branch can be found at: https://health.hawaii.gov/e/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. "Bed and Breakfast establishment" means a single-family dwelling, including a single guest house, in which overnight accommodations and only breakfast meals are provided, and the number of guests does not exceed six(6). 2. "Potentially hazardous food" means any food that consists, in whole or in part, of milk or milk products, eggs, meat,poultry, fish, shellfish, edible crustacea or other ingredients, including synthetic ingredients in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. The term does not Zendo Kern February 21, 2024 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. 3. 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. 4. If the proposed Bed and Breakfast meal consists of commercial cereal,pastries (except custards or cream filled), breads, fruits, coffee, tea, and juice, a food establishment permit will not be required from the Department of Health at this time. This limited menu must be documented in a letter to the Department of Health. The guests shall be informed by statements contained in published advertisements, mailed brochures, and placards posted at the registration area that the food is prepared in a kitchen that is not regulated and inspected by the Department of Health. 5. For Bed and Breakfast operations that provide meals which include potentially hazardous foods, a food establishment permit will be required to operate. County landuse approval for operating a food establishment may also be required. A kitchen used to prepare foods for individual family consumption will not be allowed to be permitted. A separate commercial kitchen will need to be constructed. 6. If you have any questions regarding this guideline,please contact 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. �P ;95.. STATE OF HAWAII JOSH GREEN, NO. '�. OFFICE OF PLANNING SYLT..GOVERNOR° OVER & SUSTAINABLE DEVELOPMENT MARY ALICE EVANS gINTERIM DIRECTOR 235 South Beretania Street,6th Floor, Honolulu, Hawai'i 96813 Telephone: (sos)587-2846 Mailing Address: P.O. Box 2359, Honolulu, Hawai'i 96804 Fax: (808)587-2824 Web: https://planning.hawaii.gov/ DTS202402091502NA Coastal Zone Management Program March 12, 2024 Environmental Review Zendo Kern, Director Program Planning Department Land Use Commission County of Hawaii 101 Pauahi Street, Suite 3 Land Use Division Hilo, Hawaii 96720 Special Plans Branch Dear Mr. Kern: State Transit-Oriented Development Subject: Special Permit Application (PL-SPP-2024-000064) Statewide Geographic Applicants: Garvin and Laura Goode Information System Request: Amendment to Special Permit No. SPP-13-000151 to Convert a 3-Bedroom Bed and Breakfast into a 7- Statewide Bedroom Inn Sustainability Branch Tax Map Key: (3)2-7-008:130 Aleamai, South Hilo, Hawaii Thank you for the opportunity to comment on the subject application. The Applicants seek to amend Special Permit SPP 13-000151 to allow a 7- bedroom inn in place of a 3-bedroom Bed and Breakfast(B&B) operation on a portion of a 7.684-acre lot in the State Agricultural District. The project site is located on the north side of Kalaoa Camp Road, approximately 600 feet west of the intersection of Kalaoa Camp Road and the Hawaii Belt Highway, State Route 19. Access to the site is from Kalaoa Camp Road, an existing private cane haul road. The parcel is outside of the Special Management Area. Background Special Permit SPP 13-000151, approved on August 1, 2013, allowed the Applicants to operate a 3-bedroom B&B operation and a certified kitchen within an existing 5-bedroom, 5-bath single-family dwelling built in 2004 on a portion of the 7.684-acre lot. Condition No. 3 of SPP 13-000151 limited the B&B operation to the use of three bedrooms "within the existing 5-bedroom dwelling" (Exhibit A, SPP 13-000151,pg. 6). The Applicants also obtained a county building permit to add a 3-bedroom extension to the existing single-family home. At some point between 2013 and 2015 (the application includes conflicting dates) construction of the extension was completed, resulting in an 8-bedroom dwelling. Planning Dept. Exhibit 6 Mr. Zendo Kern March 12, 2024 Page 2 On April 21, 2022, the County council rezoned the property from A-20a(Agricultural) to Family-Agricultural (FA-2a) at the Applicants' request. The purpose of the rezoning was to allow the Applicants to subdivide the property into three lots. Subsequently, subdivision approval was granted on August 11, 2023, resulting in the creation of three TMK parcels: (3) 2-7-008: 130, 143, and 144. Parcel 130 is the project site (totaling 2.323 acres), Parcel 143 is adjacent to the west, and Parcel 144 is adjacent to the south across Kalaoa Camp Road. Also in 2023, construction of a new dwelling on Parcel 144 was completed and the Applicants moved from their previous 8-bedroom home on Parcel 130 into their new dwelling on Parcel 144. Proposed Project and Need After vacating their original residence, the Applicants continued to operate the 3-bedroom B&B within the 8-bedroom dwelling. They acknowledge in their Special Permit application that they periodically made four other bedrooms available for short-term rentals, with an average stay of three months, to contract workers. The Applicants acknowledge that this is contrary to the County ordinance that limits B&Bs to five rentable rooms, and the zoning code that defines "B&B guests" as those who stay "less than 30 days." The typical stay of short-term contract workers is akin to"boarders" and is not permitted in the Family-Agricultural zone(Application,pgs. 2-3). Testimonials from customers on the Applicants' B&B website indicate that rooms in the 3-bedroom extension ("tower") have also been used for B&B purposes, in apparent violation of Condition No. 3 of the Special Permit. Consequently, the Applicants seek to amend the Special Permit to convert the 3-bedroom B&B use into a 7-bedroom inn in the existing 8-bedroom dwelling. The remaining bedroom would be occupied by an innkeeper or manager. The zoning code defines a building containing six or more rooms that provide transient lodging accommodations for compensation as a"Hotel." The Applicants anticipate that the innkeeper would need another or two other workers to help with the operations and maintenance of the inn. There is an existing gravel area for parking that has the capacity for eight vehicles. Agricultural Quality and Surrounding Uses According to the existing Special Permit, most of the Permit Area is used for"active agricultural purposes, such as growing fruits and vegetables." Livestock, such as chickens, are also raised as well as tilapia fish (Exhibit A, SPP 13-000151,pg. 2). The Applicants now state that the principal agricultural activity is a nursery that supplies products such as poha, arugula, dryland taro, sweet potato, lychee, and bananas to local restaurants (Application,pg. 16). Mr. Zendo Kern March 12, 2024 Page 3 The Permit Area and adjacent lands are in the State Agricultural District, on lands rated"C" under the Land Study Bureau's (LSB)productivity rating system, and classified as "Prime" on the Agricultural Lands of Importance to the State of Hawaii (ALISH) maps. Urban District lands are approximately 0.04 miles to the east across the Hawaii Belt Highway. Several large parcels to the north and south of the Permit Area appear to be in active agricultural use. Other surrounding parcels, especially those along the highway, appear to be residential. The Hawaii County General Plan designates the area where the Permit Area is located as "Important Agricultural Land" while areas to the east are designated "Low Density Urban." Similarly, the Hamakua Community Development Plan classifies the Permit Area as "Intensive Agricultural" with areas to the east classified as "Low Density Urban." Cultural Resources The Applicants acknowledge the need to assess the project's potential impact on cultural, historical, and natural resources and associated Native Hawaiian traditional and customary practices in conformance with the Hawaii Supreme Court's Ka Pa`akai decision. The Applicants state that they have no knowledge of any past or current Native Hawaiian cultural practices in the Permit Area or immediate surroundings but would honor any legitimate claims that may arise in the future and provide access. Public Services and Infrastructure Potable water for the Permit Area is available through the County water system with an approved water meter on Kalaoa Camp Road. The Applicants suggest that water demand is not expected to increase over the current use. The County does not provide municipal refuse or solid waste pickup services to the Permit Area. The Applicants suggest that solid waste from the Permit Area will be handled by a private contractor or the Applicants themselves. The Permit Area has access to telephone, cable, and electrical services. In addition, access to County fire and police services in Hilo, approximately 4 miles from the site, is available. The County does not provide wastewater service to the Permit Area. Prior to the construction of the 3-bedroom extension, wastewater was handled on site with a cesspool. The Permit Area is within the Critical Wastewater Disposal Area. In conjunction with the construction of the 3- bedroom extension, the wastewater system was upgraded to include a 1,250-gallon pretreatment tank and a distribution box that distributed the waste to the existing cesspool and a new cesspool. The State Department of Health (DOH) approved the new individual wastewater system (IWS) on May 15, 2014. OPSD Comments The Office of Planning and Sustainable Development(OPSD) offers the following comments: Mr. Zendo Kern March 12, 2024 Page 4 1. The Applicants should be asked to provide a map showing the location of the agricultural uses, and the amount of land dedicated to agricultural cultivation or activity. 2. The Applicants should confirm the absence of past or current Native Hawaiian cultural resources or practices impacted by the project by consulting with Native Hawaiian organizations such as the Hawaii Island Aha Moku Council. 3. The IWS required by the DOH in conjunction with the 3-bedroom extension to the 5- bedroom dwelling was approved in 2014. This is prior to the 2016 State ban on new cesspools and the State Legislature's passage of Act 125 in 2017 that requires all cesspools to be converted by 2050. The Applicants' IWS is unusual in that the pre- treatment tank distributes the resulting waste into the existing cesspool and one new cesspool rather than to an aerobic system or absorption field. The Applicants should consult with the DOH to confirm that the IWS has adequate capacity to service a 7- bedroom inn and one bedroom for an innkeeper. 4. The Permit Area is on land classified as "Prime" on the ALISH map and designated as "Important Agricultural Land" in the County General Plan and "Intensive Agricultural" in the Hamakua Community Development Plan. Although residential uses along the Hawaii Belt Highway and in the Agricultural District appear to be increasing, several large parcels adjacent to the Permit Area remain in active agricultural use. OPSD suggests the County consider that a more intensive and higher-value hotel use might discourage farming on neighboring parcels. Thank you for the opportunity to provide these comments. If you have any questions,please contact Aaron Setogawa at(808) 587-2883 or aaron.h.setogawa@hawaii.gov. If you wish to respond to this comment letter,please include DTS 202402091502NA in the subject line. Mahalo, Mary Alice Evans Interim Director �Ile SidneyFuke, Planning Consultant ant P.O.Box 1345 a Hilo,HawaN 96720 •Planning•variance•zoning Cell:(808)989-0640 •Subdivision•Land Use Permits E-mail:sidneyfuke@gmail.com •Environmental Reports March 18, 2024 Mr. Zendo Kern,Director Planning Department COUNTY OF HAWAI'I 101 Pauahi Street Hilo,HI 96720 Dear Mr. Kern: Subject: Proposed Amendment to SPP 13-000151 Applicants: Garvin and Laura Goode South Hilo,Hawai'i,TMK: 2-7-008: 130 (PL-SPP-2024-000064) This is in response to agency comments to date that have been uploaded onto your EPIC system. County Department of Environmental Management: There will be domestic waste generated by this 7-bedroom inn. As there will be no structural construction activities,there should be little or no construction waste. Waste will be more akin to a residential dwelling; however, because it is a commercial operation,the waste will not be disposed at any of the transfer stations but at the authorized County landfill by the applicant and/or commercial hauler. The existing dwelling is currently serviced by a treatment plant which functions as a septic/treatment tank with two seepage pits. These were required and approved by the State Department of Health in conjunction with the construction of a 3-bedroom addition in 2014. County Real Property Tax Division: It had no comments on the request, while noting that the real property tax is current. County Department of Public Works—Engineering Division: It confirmed the site's flood designation of"X", area determined to be outside of 500-year floodplain, and that there were no "open"violations associated with the property. County Police Department: The Department did"not anticipate any significant impact to traffic and/or public safety concerns." State Department of Health: The Department outlined its rules and requirements relative to construction(air pollution and noise mitigation). As there will be no construction associated with this request,those should not apply. However, because there will be food service,its applicable health and sanitation requirements will be complied with. Planning Dept. Exhibit 7 Mr. Zendo Kern,Director March 18, 2024 Page 2 State Office of Planning and Sustainable Development: • The agency requested a map of the Applicant's agricultural activities. Please find attached a site plan that was used—with supportive material -to justify the approval by the Planning Director of an additional farm dwelling. You will also note the approved Bed and Breakfast,which is the subject of this application,to increase the number of rooms from three to seven. The current request will not change the structural footprint of the B&B. • In conjunction with the site's previous entitlements, which included a Special Permit for the B&B and the rezoning from A-20a to FA-2a,the site's previous agricultural use was acknowledged, and the State Historic Preservation Division did not offer any comments. Further, it was acknowledged the Applicants have not observed any native Hawaiians on the site or adjoining properties gathering plants in recent times. However, in the event legitimate gathering claims are made by native Hawaiians,the Applicants intend to respect and honor such claims and provide the needed access within the site. • As noted in the application, in conjunction with the permitting process for the additional three bedroom addition,the existing wastewater system had to be upgraded to meet with the prevailing Department of Health("DOH") Wastewater requirements. DOH required the treatment plant which functions as a septic/treatment tank with two (2) seepage pits. It should be emphasized that there are no additional bedrooms and/or use associated with this request that would generate a need for any upgrade. • The proposed use is intended for guests who enjoy the rural-agricultural environment within a domestic setting. It is not akin to a"higher-value hotel". Further,the Special Permit is a regulatory tool that is evaluated on a case by case, subject to the guidelines outlined in Chapter 205. As such, its action should not necessarily be considered"precedential." Further,the real property tax rates of adjoining properties will continue to be agriculture. We trust that this adequately responds to these comments. If not or if there are questions on this matter,please feel free to direct them to me. Thank you very much. Sincerely, p� V\11\)� �U SIDNEY M. FUKE Planning Consultant Enclosure Copy—Mr. Garvin Goode w/enclosure via email a q5A � a a Y } IP } 7 } w boa 1 r tn Iz o t I P �'} ��• Cr� � � l n T zs i ��rac z —� SidneyFuke, Planning Consultant P.O.Box 1345 •Hilo,Hawai'i 96720 •Planning•Variance•Zoning Cell:(808)989-0640 •Subdivision•Land Use Permits E-mail:sidneyfuke@gmail.com •Environmental Reports April 24, 2024 Mr. Zendo Kern,Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo,HI 96720 Dear Mr. Kern: Subject: Proposed Amendment to SPP 13-000151 —Agency Comments Applicants: Garvin and Laura Goode South Hilo,Hawaii,TMK: 2-7-008: 130 (PL-SPP-2024-000064) This is in response to the Department of Water Supply's(DWS) comments, dated April 16, 2024,regarding the subject matter. We note that its response was based on the original request for a 7-room inn. Since then,however,the applicants have elected to do a 5-room bed and breakfast instead within the existing eight(8)bedroom room dwelling. Based on the change,the applicants believe that the projected 5-room B&B water use should not depart significantly from the current average daily use of up to 540 gallons per day. Further,being a bed and breakfast instead of an inn,the applicants believe that the water calculations/requirements would continue to be based on its current residential/B&B use and not"commercial"as required for an inn. If so,the applicants believe that the fire flow requirement should not be any different than the current 3-room B&B. Further,the DWS' request for a water use calculation study may also not be necessary. At any rate,however,the applicants will comply with the appropriate requirements of the DWS. We trust that this adequately responds to DWS' comments. If not or if there are questions on this matter,please feel free to direct them to me. Thank you very much. Sincerely, � xv SIDNEY M. FUKE Planning Consultant Copy—Mr. Garvin Goode via email Planning Dept. Exhibit 8