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Home My WebLink AboutPD BACKGROUND REPORT (PL-SPP-2023-000052) MietrichSPP.ja.4.324 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT MATHEW DIETRICH, STEVEN DIETRICH AND JANE DIETRICH SPECIAL PERMIT APPLICATION (PL-SPP-2023-000052) MATHEW DIETRICH, STEVEN DIETRICH AND JANE DIETRICH are requesting a Special Permit to allow the establishment of a 3-bedroom bed and breakfast operation within an existing dwelling and to legitimize an existing campground on a 1-acre portion of an approximately 2-acre parcel of land in the State Land Use Agricultural District. The subject property is located at 28-1435 Old Mamalahoa Highway, approximately 1.0 mile north of its intersection with Hawaii Belt Road, Ka`akepa-Malamalama W, South Hilo,Hawaii, TMK: (3) 2-8-012:022. APPLICANTS' REQUEST 1. Request: The applicants are requesting a Special Permit to establish a 3-bedroom bed and breakfast operation within an existing dwelling and to legitimize an existing campground. The existing dwelling was registered as a nonconforming Short-Term Vacation Rental (STVR) in 2019 and the applicant states that the property has hosted paying guests since 2012 . The proposed Special Pemit includes the following: • Operation of the existing dwelling as a 3-bedroom bed and breakfast, with the ground floor used only for storage. • Permitting of a 4th bedroom within the dwelling for use by the operator of the bed and breakfast. • Permitting 6 campsites to be used for overnight accommodations, with each consisting of a "cabana" (a 120-square foot raised platform, 10 feet x 12 feet,with a roof, corner posts and a 3-foot-high guard rail along each side). • Construction of a 120-square-foot bathhouse to support the cabanas, consisting of 2 toilets, 2 sinks and 2 showers. • Conversion of the existing cesspool to a septic system meeting with the approval of the Department of Health (DOH). • 11 off-street, gravel parking stalls,to be used by guests and the live-in operator. -1- 2. Reason for Request: The applicants' goal is to provide alternative and rustic overnight accommodations, allowing visitors an opportunity to enjoy and learn about Hamakua and to support businesses and farms in the area. Additionally, the applicants note that while there is some fruit tree propagation and livestock pasturing,the subject property is narrow, with a steep elevation incline, making intensive agricultural productivity unviable. 3. Staffing/Employees: The bed and breakfast establishment will be operated by a live-in manager. 4. Hours of Operation: The bed and breakfast will operate daily,with quiet hours from 9:00 PM to 8:00 AM. 5. Project Timetable and Cost: According to the applicants, the proposed construction is anticipated to be completed by the end of 2025, with an estimated budget of$80,000. 6. Definition of"Bed and Breakfast Establishment": According to Section 25-1-5 of the Zoning Code, a "bed and breakfast establishment" means any single-family dwellings and/or guest houses (pursuant to section 25-4-9),which have been permitted on a building site, in which overnight accommodations and only breakfast meals are provided to a maximum of ten guests, for compensation, for periods of less than thirty days. 7. Landowner: Steven Dietrich and Jane Dietrich. 8. Supportive Information: A Special Permit is required to operate a bed and breakfast establishment and to establish campsites in the State Land Use Agricultural District. The applicants have submitted the attached in support of the request. (Planning Department Exhibit 1 —Special Permit Application dated May 10, 2023) BACKGROUND INFORMATION 9. Building Permit: Building Permit No. 901213 was issued on June 14, 1990, and completed on February 6, 2019, for a 3-bedroom dwelling. 10. Non-Conforming Use Certificates (NUC): NUC-19-1557 was approved on April 1, 2019, and renewed on June 1, 2020, as NUCR-20-1557. On June 10, 2022, a second renewal was submitted, as PL-NUCR-2022-000791,which is on hold pending approval of the proposed special permit. 11. Short Term Vacation Rental(STVR): STVR-19-363828 was approved on April 1,2019, permitting a 3-bedroom un-hosted STVR. -2- 12. Zoning Complaint: County records show a complaint was submitted regarding the subject property, alleging use of unpermitted cabanas as vacation rentals. Following an investigation, county inspectors issued a warning letter to the applicants, dated September 29, 2022, with findings noting the presence of 6 unpermitted cabana structures and a dwelling being used as a hosted vacation rental. As stated in the letter, the NUC/STVR registration allowed a 3-bedroom un-hosted vacation rental and did not include use of cabanas and/or cabins for guest accommodations. Further, the letter requested that the applicants cease advertising unpermitted structures as guest accommodations and recommended that the applicants submit a special permit application if they want to request use of the property beyond what was approved with the NUC/STVR registration. (Planning Department Exhibit 2—Warning Letter dated September 29,2022). STATE & COUNTY PLANS 13. State Land Use District: Agricultural. 14. General Plan Land Use Pattern Allocation (LUPAG)Map: The General Plan LUPAG map classifies the subject property as Important Agricultural Land(ial)which refers to land that has better potential for sustained high agricultural yields because of soil type,climate, topography, or other factors. 15. County Zoning: Agricultural-20 acres (A-20a). 16. Hamakua Community Development Plan (RCDP): The HCDP was originally adopted by the Hawaii County Council as Ordinance 2018-078 in August 2018. The HCDP objective is to promote,preserve and enhance a diverse, sustainable, local economy and to encourage the increase and diversity of employment and living options for residents, including living wage jobs and entrepreneurial opportunities that allow residents to work and shop close to home and that complement Hamakua's ecology, rural character, and cultural heritage. 17. Special Management Area (SMA): The property is not within the County's Special Management Area and is located approximately 0.5 miles west (mauka) of the nearest shoreline. 18. Coastal Zone Management: The entire State of Hawaii lies within the Coastal Zone Management area. -3- DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 19. Subject Property: The subject, 2.0-acre property is improved with a 1,525 square-foot, 3-bedroom dwelling, 6 cabanas, a catchment water tank, and a paved driveway. The applicants state that agricultural uses on the remainder of the property consist of fruit tree propagation and livestock pasturing. 20. Surrounding Zoning/Land Uses: Properties surrounding the subject property are zoned Agricultural-20 acres (A-20a), with uses consisting of agriculture, farm dwellings, and vacant lands. The closest residence to the permit area is located approximately 250 feet to the southeast. 21. U.S.D.A. Soil Type: Soils on the subject property are classified Hilo hydrous silty clay loam, 0 to 20 percent slopes. 22. Land Study Bureau's Detailed Land Classification System: Soils within the project site are classified as "C" or"Fair" and"E" or"Very Poor" for agricultural productivity. 23. Agricultural Lands of Importance to the State of Hawai'i (ALISH): The property is classified as Prime Agricultural Lands. 24. Flood Insurance Rate Map(FIRM): The property is classified as Flood Zone"X,"(Area of Minimal Flood Hazard) according to the FEMA Flood Insurance Rate Mapping system. 25. Flora/Fauna Resources: No formal flora/fauna study was submitted with the application. The subject property was previously cleared for construction of residential structures and for livestock grazing activities. According to the applicants, the site's vegetation consists of fruit trees, including mango, soursop, avocado, acai, lemon, tangerine, mandarin, coconut, and cacao, in addition to non-native grasses such as guinea grass. In addition, animal species consist of bird species such as dove, Japanese White-eye, house finch and myna as well as cats, dogs, and feral pigs. The applicants state it is possible that the Hawaiian Hawk, Hawaiian Owl, and Hawaiian Hoary Bat are present in the surrounding area, however there are no known endangered species of plants or animals on the subject property. 26. Archaeological/Cultural/Historical Resources: No archaeological or cultural impact studies were submitted with the application as the subject property has been previously impacted by ground-disturbing activities associated with residential development and livestock grazing. The subject site is not adjacent and/or proximate to the shoreline, -4- therefore gathering of marine life and coastal access for Native Hawaiian gathering and fishing rights is not an issue. The applicants state that it is unlikely any archeological resources exist on the property,however,in the event any inadvertent discoveries are made during land disturbance activity,work will cease, and the applicants will secure clearances from the State Historic Preservation Division (SHPD) before proceeding. By letter dated March 14,2024, SHPD notes that no historic properties have been identified within or near the subject parcel and that the project area has been previously disturbed, thus no historic properties will be affected by the proposed project. 27. Public Access: There is no public access to the mountains or the shoreline that runs through the property. PUBLIC UTILITIES AND SERVICES 28. Access/Parking/Traffic: Access to the subject property is from Old Mamalahoa Highway, a County-owned roadway with a 1-mile section of gravel surface on the section of road fronting the subject property. Guests will utilize an existing paved driveway to cross the subject property and access guest parking stalls. According to the Hawaii County Zoning Code Section 25-4-51(a)(2), a bed and breakfast establishment must provide one parking stall for each guest bedroom and one stall for the dwelling,which the applicant will comply with. According to the applicants, given a maximum of 10 cars used by registered guests, traffic impacts are not anticipated to be significant and would remain consistent with current levels. 29. Water: The subject property is not served by the existing county water system and utilizes a 15,000-gallon water catchment tank to meet residential and agricultural water needs. The applicants propose to reserve 3,000 gallons of catchment water for fire suppression requirements and note that additional water storage will be provided if required by the Fire Department. Regarding potable water, the applicants state that water will be trucked in if necessary and guests will be provided with bottled water. 30. Wastewater: The subject property is served by an existing cesspool to service the dwelling. The applicants intend to discontinue use of the cesspool and install two new septic tanks,meeting with the approval of the Department of Health (DOH), one to service the dwelling and the other for the bath house. According to the Department of -5- Environmental Management, there is no county sewer system in the area; thus, the applicant shall follow DOH regulations for wastewater. 31. Solid Waste: According to DOH, solid waste shall be properly recycled or disposed of at DOH-permitted solid waste facilities. 32. Food Service Operations: By definition, bed and breakfast establishments may only provide breakfast meals to guests. The Department of Health (DOH)has noted that a food establishment permit will be required if meals are to include "potentially hazardous food" or if the number of guests exceeds 6. If the bed and breakfast will only offer commercial cereal,pastries,bread, fruits,coffee,tea, and juice,then a food establishment permit is not required. However, the limited menu must be documented with DOH and the applicants must comply with other DOH requirements. 33. Essential Utilities and Services: Electrical, telephone and internet services are available to the subject property. The nearest fire and police stations are located in Hilo which is approximately 9 miles from the subject property. AGENCY COMMENTS 34. State Department of Health: (Planning Department Exhibit 3 — February 28, 2024, Memo). 35. Department of Land and Natural Resources — State Historic Preservation Division: (Planning Department Exhibit 4—March 14,2024,Letter). 36. State Office of Planning & Sustainable Development: (Planning Department Exhibit 5—April 4,2024,Letter). 37. Department of Public Works: (Planning Department Exhibit 6—February 26, 2024, Memo). 38. Department of Environmental Management: (Planning Department Exhibit 7 — March 7, 2024, Letter). AGENCIES—NO COMMENTS/NO CONCERNS 39. Police Department, Department of Water Supply, Department of Finance - Real Property Tax. AGENCIES—NO RESPONSE 40. Land Use Commission, Department of Land and Natural Resources — Land Division and Engineering Division, Department of Agriculture, Fire Department. -6- PUBLIC COMMENTS 41. Planning Department Exhibit 8 — Anonymous Public Testimony received by the Planning Department on March 12, 2024) APPLICANT'S RESPONSE TO PUBLIC COMMENTS 42. Planning Department Exhibit 9 - Applicants' letter responding to public comments, dated May 16, 2024. -7- Zoho Sign Document ID:2A6681DB-S6X2JS41PAH11LLTNCOBCRCZNCAHVRXR-NSLMOJKCTC SPECIAL PERMIT APPLICATION COUNTY OF HAWAII PLANNING COMMISSION (Type or legibly print the requested information) APPLICANT(S): Mathew Dietrich, Steven Dietrich& Jane Dietrich APPLICANT'S SIGNATURE: 11� DATE: May 10 2023 16:48 PDT ADDRESS: 12-7232 Mauka Nui St, Pahoa, HI 96778 LIST APPLICANT'S INTEREST (if not owner): Manager/Owners PHONE: (Bus.) 330-590-0646 (Res.) (Email) mat(abhamakuahousexom REQUEST: To obtain a Special Permit to allow for the operation of a 3-bedroom Bed and Breakfast and to legitimize an existing campground TAXMAPKEY: (3) 2-8-012:022 ZONING: A-20a SIZE OF PROPERTY/AREA OF REQUESTED USE: 2 acres 1 acre LANDOWNER(S): Steven Dietrich and Jane Dietrich FEE SIMPLE LANDOWNER(S) WRITTEN AUTHORIZATION be provi d by 1 I.-ter rth the below statement included): �jever� ieric DATE:May 10 2023 14:50 m r%T DATE:May 10 2023 16:39 Pl r%T Note: The above written authorization of the landowner(s)gives permission for the applicant/petitioner to file the application/ petition and acknowledges that the landowner(s)and their successors are bound by the Special Permit and its conditions. AGENT: Land Planning Hawaii LLC AGENT ADDRESS: 194 Wiwoole St, Hilo, HI 96720 PHONE: (Bus.) 808-333-3393 (Res.) (Email) info@landplanninghawaii.com Please indicate to whom original correspondence and copies should be sent. ORIGINAL: Agent COPIES: Applicant Planning Dept. Exhibit I COUNTY BACKGROUND & ENVIRONMENTAL REPORT COUNTY SPECIAL PERMIT REQUEST MATHEW, JANE & STEPHEN DIETRICH PEPE`EKEO, HAMAKUA COAST, SOUTH HILO, HAWAII COUNTY, HAWAII TMK: (3) 2-8-012: 022 (por) TABLE OF CONTENTS LINTRODUCTION.................................................................................................................................4 H. PROJECT DESCRIPTION..................................................................................................................6 3A. Project Concept and Components..................................................................................................6 3B. Subject Property Description..........................................................................................................9 3C. Institutional Considerations..........................................................................................................14 StateLand Use....................................................................................................................................14 SpecialManagement Area..................................................................................................................14 County Zoning and General Plan........................................................................................................15 Hamakua Community Development Plan ..........................................................................................19 3D. Surrounding Zoning and Land Uses ............................................................................................19 3E. Flood Insurance Rate Map............................................................................................................19 3F.Archaeological Resources...............................................................................................................20 3G. Flora and Fauna Resources...........................................................................................................21 3H. Valued Cultural Resources............................................................................................................22 3I. Public Access....................................................................................................................................22 3J. Description of Access.......................................................................................................................22 3K. Traffic Impacts...............................................................................................................................23 3L.Availability of Utilities....................................................................................................................23 Water...................................................................................................................................................23 Wastewater..........................................................................................................................................23 Electricity............................................................................................................................................23 OtherUtilities......................................................................................................................................23 III. REGULATORYANALYSIS.............................................................................................................24 4A. Coastal Zone Management............................................................................................................24 4B. Impacts to Surrounding Properties..............................................................................................24 Noiseand Scenic Views......................................................................................................................24 LightPollution....................................................................................................................................24 Traffic .................................................................................................................................................25 4C. Impacts to Public Agencies............................................................................................................25 4D. Unusual Conditions........................................................................................................................25 4E. Land Suitability for Permitted Use...............................................................................................26 4F. Land Character and Present Use..................................................................................................26 4G. Relationship to General Plan........................................................................................................27 4H. Unusual and Reasonable Use........................................................................................................27 2 FIGURES Figure1: Location Map ..................................................................................................................5 Figure2: Site Plan ...........................................................................................................................7 Figure 3: Floor Plan of Existing Single-Family Residence.............................................................8 Figure 4: Land Use Pattern Allocation Guide (LUPAG)Map ......................................................10 Figure 5: Land Study Bureau (LSB) Overall Productivity Rating Map .......................................11 Figure 6: Agricultural Lands of Importance to the State of Hawaii (ALISH) ............................12 Figure7: Soil Type Map ...............................................................................................................13 Figure8: County Zoning Map ......................................................................................................16 Figure9: FIRM Map .....................................................................................................................20 3 I. INTRODUCTION Matthew, Jane, and Stephen Dietrich("applicants") are requesting a Special Permit to convert a permitted nonconforming Short-Term Vacation Rental (STVR)to a Bed and Breakfast and legitimize an existing campground operation on a portion of the property located at 28-1435 Old Mamalahoa Highway in South Hilo, Hawaii. The subject site, identified by TMK (3) 2-8-012: 022, is 2.0 acres and is zoned Agricultural-20 acres (A-20a). Access to the site is off Old Mamalahoa Highway, approximately 1 mile north of its intersection with Highway 19 (Figure 1). The applicants have been operating a successful business renting out campsites since 2012. The goal of the business has been to provide minimal accommodations that blend into the surrounding area and embrace the cultural experiences offered by the Hamakua Coast Community. For years, guests of the property have enjoyed the alternative visitor experience afforded by the opportunity to stay in the rural Hamakua area and have supported local businesses and farms through their patronage. The applicants were unaware that their business was in violation of the County Zoning Code until they received a Warning Letter from the Planning Department dated September 29, 2022, pertaining to the use of the six (6) unpermitted campsites. Thus, the applicants are now seeking a Special Permit to remedy that violation and legitimize the accommodations. Additionally, the property contains a single-family dwelling which operates as a Short-Term Vacation Rental under Permit Number STVR-19-363828 and Non-Conforming Use Certification Number NUC-19-1557. The applicants wish to instead operate the dwelling as a Bed and Breakfast under this Special Permit request. Upon approval of this request, the applicants will forfeit their STVR NUC in exchange for the Bed and Breakfast permit. The River Rainforest Tiny Cabin noted in the Warning Letter is on the applicants' family's property located in Pepe`ekeo. This cabin was listed on the applicants' website to help generate more bookings for his family's hosted rental. This cabin does not exist on the subject property and will therefore not be a part of the Special Permit request in any way. The subject property currently contains one (1) single-family residence operating as an STVR, six (6) campsites, a paved driveway, eleven (11)parking spaces, a cesspool, and a rainwater catchment tank. If approved, the Special Permit would allow the following: 1. The single-family residence to operate as a Bed and Breakfast; 2. The permitting of six (6) overnight campsites; 3. The development of one (1) bathhouse to support the camping accommodations; and 4. The conversion of the existing cesspool to an Individual Wastewater System (IWS). The Special Permit area will encompass approximately 1-acre of the subject parcel. Previous owners of the property finished the basement level of the house without permits. The applicant proposes to only use the basement level for storage purposes. The applicants' intention is to provide minimal overnight accommodations which will allow visitors an opportunity to enjoy and learn about the historic Hamakua area and also bolster support for other local businesses and farms in the neighborhood. 4 M OD z Cj.0 141 z M", UZ 3S 'VO8 lu 4e „Y mu ( F "�„� y Q � ceU ,r t b Ae 41 ru N M1 pAH VOHVIVMVIN a I Jf '(D < Loll it it Zm it im TI 0 Ali I (aii Y f - 1 s y e � o ,o a P IL PROJECT DESCRIPTION 3A. Project Concept and Components If approved, the Special Permit would include one existing (1) single-family residence to be used as a 3-bedroom Bed and Breakfast, six (6) existing overnight campsites, the construction of one (1) 120 square-foot bathhouse, access from an existing paved driveway, eleven (11)parking stalls, an existing rainwater catchment tank, and a new Individual Wastewater System (Figure 2). The single-family residence on the property was built in 1990 under Permit No. 901213. It contains 3 permitted bedrooms and one unpermitted bedroom. The applicants propose to rent three (3) of the bedrooms to up to eight(8)bed and breakfast guests and reserve the fourth bedroom for a live-in manager. Upon approval of the Special Permit application, the applicants will seek an"As-Built" permit for the fourth bedroom and improvements previously made to the first floor. Campsites no. 1, 2, 3, 4, and 5 are designed to accommodate two (2)people and campsite no. 6 accommodates three (3)people. The entire property is therefore designed to host nine (9)rooms and accommodate up to twenty-two (22)people, including twenty-one (21) overnight guests and one (1)live-in manager for the Bed and Breakfast. The applicants propose the following elements as part of the Special Permit: 1. Buildings: a. Six (6) overnight campsites, each containing a camping platform of approximately 120 square feet(10'x12') and set back at least 20 feet from the property line. The campsites would accommodate a total of 13 people. b. One (1) new 120 square foot bathhouse consisting of two (2)toilets, two (2) sinks, and two (2) showers to accommodate the six (6) existing campsites. c. An existing permitted single-family residence with four(4)bedrooms and two (2) bathrooms to operate as a Bed and Breakfast to accommodate a total of eight(8) people plus one (1)live-in manager. The ground floor will only be used for storage. See Figure 3 for floor plans. 2. Access: An existing paved driveway serves the property from Old Mamalahoa Highway. 3. Parking: Eleven (11) parking spaces will accommodate roughly one car per room and campsite plus one car for the live-in manager and one additional space. 4. Water: A rainwater catchment tank currently serves the property's water uses. County water will be trucked in if required. 5. Wastewater: A new Individual Wastewater System meeting the requirements of the Department of Health will be installed to replace the existing cesspool. 6 OLD MAMALAHOA HIGHWAY e c� C7 E w M b = E 0 m _ e a� 4 a E P. a m D--6 I 3 0 �- E • O Oa Q W U _ Q a Z� D--- 3 0 J �— a � M © rTl La Q .0 L4 LOU «a a � s V d n 5 g, Ell a :r ca W ` �2 2a Sam �1 ZD a VO p Oilw `r _ The applicants are committed to obtaining all required permits for their operations. Upon approval of the Special Permit request, the applicants will pursue all necessary building permits from the Department of Public Works. This will include permitting of the new bathhouse, obtaining a Change of Use permit for the unpermitted fourth bedroom in the dwelling, and obtaining the necessary building permits for the existing campsite structures. Initial consultation with a local architect has indicated that permitting of the campsites may require some retrofitting of the existing structures. Upon approval of the Special Permit, the applicants will engage with a design professional to conduct a thorough code review and submit building permit applications to the Department of Public Works—Building Division to permit the campsite structures. The applicants' goal is to provide alternative and rustic overnight accommodations for guests. If obtaining building permits for the existing camping structures requires improvements that are too difficult or expensive to be feasible, then the structures will be permitted and used as open pavilions. The applicants will provide six (6) separate platforms on which guests will utilize temporary pop-up tents for camping. Additionally, all new wastewater improvements will be designed by a licensed engineer and receive approval from the Department of Health prior to construction. 3B. Subject Property Description The subject site, identified as TMK (3) 2-8-012: 022, consists of 2.0 acres and zonedA- 20a. The parcel is located at 28-1435 Old Mamalahoa, approximately 1 mile north of its intersection with Highway 19. Access to the site is via an existing paved driveway off Old Mamalahoa Highway. The Land Use Pattern Allocation Guide (LUPAG) designates this land as Important Agricultural Land(Figure 4); however, the Land Study Bureau classifies most of the soils as "E", or very poor, with a small eastern section of the site designated as "C", or fair (Figure 5). According to the Agricultural Lands of Importance to the State of Hawaii (ALISH), the subject site is classified as prime farmland (Figure 6). The U.S. Department of Agricultural Natural Resource Conservation Service has designated the soil type for the subject site as Hilo hydrous silty clay loam with 0 to 10 percent slopes (2mcly) and 10 to 20 percent slopes (2mclx). Both soil types are formed from ash fields over lava flows, are well drained and are in a medium runoff class. The Hilo hydrous silty clay loam with 0 to 10 percent slopes is considered prime farmland, however, soil with 10 to 20 percent slope on the property are not. In Figure 7, symbol 901 represents Hilo hydrous silty clay loam with 0 to 10 percent slope (prime farmland) and 903 represents 10 to 20 percent slopes (not prime farmland). The western portion of the parcel is currently used as a livestock pasture for grazing cows and sheep. Overall, the site is not suitable for intensive agricultural activity because it is very long and narrow and has a steep elevation incline. 9 = U22 � O W W u E Cd PN O y LL O O • CO ¢ , m p T � • • _ _ N m • • O a • • (n U�r Q 0 ------------ d F 00 • O o� • d) N O M m U O CT O CO) O c j 1 o O • �E U - • W co -10 _T (n O C�O O �F(DQ `O 0 p Z O U~Q Q Q10 0--o W W z Z Z O ' y T E I I _- O j \ • 1 _ O � C `lam C `o m d J \ N N N � a W LL U c�Y 10 N m m 10 2 U M iq - - J LL 0 � U d N C i 6 • O a Q 1 Q A � 7 C � N M U (6 IL 0N N N C C (6 N V d Q -6 O � N _ O � _ N C � N J U o W W J u o� Q E _� Q O y � • O ¢ D m T • • O� n • • fD LcciU)r Q`O o.. om • O72� 00 • • p o 3 • d) N a'C9�x - O M m U O O U c j g o oo • �E U — • - _ 9w(7 _T (n O C cd D O �FOQ O E~pD-Z O • U QQ n Q Q O O W W Z Z o • T ca I O M` O ol J N N o O 1 o a m W °' N LL .w s LL H U) = v aNi m 0 U d N N • N N (6 '6 W d Q U) J_ N Q • d C )/ � V 3 00 N • - N � U � N O � � (6 N J U °W W U N 222 Q /� • 0 Y LL O % (D d _� / • • • O "' T �U�r Qo • Oo'mp • • ~_ _� • � ULm — O) N r O M U° CT • O UO�co c 'o W U Lo T (n C EcdD no Emu) `o O O Z O U~Q Q �5<Q O O W W Z Z O T E Z- O ca° o O • O lo J _ a N O � � N � y � ui C `o Vlo m ° M V F N Mn LL N C N � C 3 o U o U � aoi m m m o U) 2 U 2 U J �(6 N (6 of O II C m z C 7 Q �O • d C tll N ' N O U d �� • yl. N J N N N N (6 '6 d Q N pZ Z V .. 06VZ66Z 09bZ66Z OCVZ66Z OObZ66Z OL£L66Z O Z66Z 0 Z66Z 09ZZ66Z rTl� N w M„ST,9 oSST M„ST,9 oSST O O O � N O N IL rH� 0 o r � N N r N r N OO N � T 3 N (n > 2 _ (6 O O U) Q O Ln Ln Q z O tij Z wIll,W- N y M1 Lf) o. y .O d � > p p L o L d — N z Z U M../Z.9 oSST M../Z.9 oSST Q�I 06bL66Z 09bZ66Z OCVZ66Z OObZ66Z OL£L66Z O Z66Z 0 Z66Z 09ZZ66Z z z m m Additionally, the small footprint and minimal ground disturbance required to install and maintain the campsites has had a negligible impact on the agricultural potential of the land. This area of Hilo is considered Lava Zone 8, on a scale ranging from 9 to 1 (least hazardous to most). The site is located approximately 0.6 miles from the coastline and is 0.5 miles outside the Special Management Area (SMA). The property is not located in the Conservation District. In 1990 the property was partially grubbed and graded to construct the one (1) existing single-family residence on site. The property has been cleared more in recent years to build the existing campsite structures and utilize the western half as livestock pasture. The remainder of the property is vegetated with non-native shrubs, grasses, and fruit trees such as mango, soursop, and avocado. No additional land would need to be cleared under the proposed project. 3C. Institutional Considerations State Land Use The subject site is designated State Land Use Agricultural, and the proposed Special Permit area consists of 1.0 acre. As such, no State Land Use Commission action is required and the County of Hawaii can process the Special Permit request. Under the Agricultural Lands of Importance to the State of Hawaii (ALISH) classification system, the subject site is designated as prime farmland. However, based on the Land Study Bureau Overall Maser Productivity Rating, the subject property is classified as "C" and"E" soils. Most of the site contains "E" soils, or very poor. A small eastern section of the property is classified as "C, or fair. The U.S. Department of Agricultural Natural Resource Conservation Service has designated the soil type for the subject site as Hilo hydrous silty clay loam with 0 to 10 percent slopes (2mcly) and 10 to 20 percent slopes (2mclx). Both soil types are formed from ash fields over lava flows, are well drained and are in a medium runoff class. Hilo hydrous silty clay loam with 0 to 10 percent slopes is considered prime farmland, however, soils with 10 to 20 percent slope are not. In recognizing that lands within the agricultural districts might not all be best suited for agricultural activities and yet classified as such, and in recognition that certain types of uses might not be strictly agricultural in nature, yet reasonable in such districts, Hawaii Revised Statutes §205-6 allows County Planning Commissions to permit certain unusual and reasonable uses within the Agricultural and Rural districts other than those for which the district is classified. Special Management Area The site is located approximately 0.6 miles from the coastline and is 0.5 miles outside the Special Management Area. The property is not located in the Conservation District. 14 County Zoning and General Plan The subject property is zoned A-20a (Figure 8). The County General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the parcel is Important Agricultural Land. Relative to this designation, the General Plan allows consideration for a"Special Permit" on agricultural land where the requested uses meet certain criteria as outlined in Section 4 of the permit application and Chapter 205 of the Hawaii Revised Statutes as amended. General Plan Discussion The Hawaii County General Plan serves as a guide for decision-makers in land use matters. The proposed project is conducive to the General Plan's guidelines as it conforms to the following goals, policies, and standards of the General Plan: 2.2 Goals a. Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. b. Economic development and improvement shall be in balance with the physical, social, and cultural environments of the island of Hawai`i. c. Strive for diversity and stability in the economic system. d. Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural, and social environment. e. Strive for an economic climate that provides its residents an opportunity for choice of occupation. f. Strive for full employment. 2.3 Policies c. Encourage the development of a visitor industry that is in harmony with the social,physical, and economic goals of the residents of the County. o. Promote a distinctive identity for the island of Hawai`i to enable government, business, and travel industries to promote the County of Hawai`i as an entity unique within the State of Hawai`i. Discussion: The 2-acre subject parcel is located within the Agricultural district and is sited among several large agricultural parcels. However, given the topography and narrow dimensions of the property, it is not nearly as well suited for intensive agricultural uses as its larger neighbors. Thus, the proposed project seeks to allow the applicants to utilize the property to offer three (3) Bed and Breakfast rooms and six (6) campsites to both locals and tourists for overnight accommodations. 15 Q U N Y 0 O 0 7 Q n U In N � O �1 m (6 U Q N 0 N 4 O U Ir (O w Ln =Q O -W OOV W U N 77l!7 O U o s U) `o `¢ lr r`�JN oZ m V U W � O O 0 1� O to E o a ° Q E s O U ami fl- O Q -O W(7 s N co N c O > ryO a Ua L O Mn l V ) O O N 0 U N � p U Q UOC Fu M� (1) 3: � �N co o s U) 2 U � � o CU C � � N o 0 � N w � o L I L � U Lo O N VNI NI ^L O cu Z W U O Q c o io N N C i. (B O O CU Ch U o N NO N (B LOL x c0 2 Given that the subject site is less than a mile from downtown Honomu shops and restaurants, this small-scale transient accommodation business is appropriate and beneficial to this area as guests of the establishment frequently support the small businesses and farms in the Honomu area. 3.3 Goals f. Strive to assure a sufficient supply of energy to support present and future demands. k. Strive to diversify the energy supply and minimize the environmental impacts associated with energy usage. n. Encourage energy-saving design in the construction of buildings Discussion: The subject property is located off-grid and utilizes solar electricity. By utilizing renewable energy, the proposed use aims to offer overnight accommodations that reduce Hawai`i's reliance on imported petroleum. 4.2 Goals a. Define the most desirable use of land within the County that achieves an ecological balance providing residents and visitors the quality of life and an environment in which the natural resources of the island are viable and sustainable. Discussion: The subject site and proposed use of land achieves ecological balance, while providing residents and visitors minimalistic overnight accommodations. The proposed project has been developed for many years with very little impact to the parcel and surrounding area. A new 10'x12' bathhouse is proposed to be developed. All other improvements are existing and adequate to support the proposed use. In addition, the cesspool will be converted to an Individual Wastewater System, effectively improving the wastewater system provided on site. Half of the property is used for livestock grazing and several fruit trees exist throughout the Special Permit area. The applicants have also actively maintained portions of Old Mamalahoa Highway out of pocket, which is gravel and often requires repairs. This is a significant benefit to all surrounding property owners. 7.2 Goals a. Protect,preserve, and enhance the quality of areas endowed with natural beauty, including the quality of coastal scenic resources. b. Protect scenic vistas and view planes from becoming obstructed. c. Maximize opportunities for present and future generations to appreciate and enjoy natural scenic beauty. Discussion: The proposed project will not affect any scenic views. The parcel is located 0.6 miles from the shoreline and has no documented scenic beauty resources. Additionally, there is no access to mountainous regions from the site. Surrounding 17 properties are agricultural and residential in nature, which is consistent with the Special Permit request. 8.2 Goals a. Protect and conserve the natural resources from undue exploitation, encroachment, and damage. c. Protect and promote the prudent use of Hawai`i's unique,fragile, and significant environmental and natural resources. d. Protect rare or endangered species and habitats native to Hawai`i. Discussion: The proposed project will not negatively impact any natural resources. The existing six (6) campsites and single-family residence would be utilized for overnight accommodations. A new bathhouse is being proposed to support the existing campsites. Water, access, and parking are already available and adequate. A new Individual Wastewater System will be installed to replace the cesspool. 10.1.2 Goals a. Encourage the provision of public facilities that effectively service community and visitor needs and seek ways of improving public service through better and more functional facilities in keeping with the environmental aesthetic concerns of the community. Discussion: The objective of the Special Permit request is to offer reasonably priced overnight accommodations for residents and visitors. The existing buildings have been in place for several years and are in keeping with the environmental aesthetic of the community. 14.1.2 Goals a. Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. b. Protect and preserve forest, water, natural, and scientific reserves, and open areas. 14.1.3 Policies f. Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. 14.5.2 Goals a. To provide for suitable living environments that accommodate the physical, social, and economic needs for the island residents. 18 Discussion: The proposed land use aligns with the social, cultural, and physical characteristics of the County. The location of the subject site is rural, and the surrounding properties are used for residential and agricultural purposes. Despite its agricultural zoning, the subject property is not well-suited for agricultural uses. Thus, the proposed action aims to legitimize the applicant's long-standing minimalistic overnight campground operation which seeks to provide an alternative visitor experience that supports the local economy and remains in balance with the surrounding area. Hamakua Community Development Plan • 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 Hdmdkua's ecology, rural character, and cultural heritage. • Objective 11:Enhance and promote local and sustainable agriculture,farming, ranching, renewable energy, and related economic support systems. • Objective 13:Promote appropriate rural tourism that welcomes guests for an alternative visitor experience. Promote Hawai`i's host culture and Hdmdkua's heritage, including historic roads and plantation towns, and festivals that celebrate our rich multi-cultural music, art, and agriculture. Discussion: The proposed minimalistic overnight accommodations seek to promote other local Hamakua area businesses, farms, rural tourism, and the character of the area by attracting travelers and residents who are interested in experiencing the unique local culture and scenery. Further, the project seeks to promote renewable energy through its use of solar. 3D. Surrounding Zoning and Land Uses All surrounding parcels are zoned Agricultural 20-acres (A-20a) and are used for residential and agricultural purposes. Downtown Honomu is located approximately 3/4 of a mile northwest of the subject site and contains several CV-10 zoned small businesses. The existing developments are located on the eastern half of the subject property, closest to Old Mamalahoa Highway. 3E. Flood Insurance Rate Map The Federal Emergency Management Agency's Flood Insurance Rate Map (FIRM) designates the subject site to be in Flood Zone X, or outside the 500-year floodplain (Figure 9). 19 •ems':► •�;f[�,• �'i �.� S`r •. . f�- y � +w•- RSM j7� t tib•. All .� fill Jow Z �Ky _ BASEMAP: FIRM BASEMAP = ■ Flood Hazard Assessment Report ;i www.hawaiinfip.org SPECIAL FLOOD HAZARD AREAS (SFHAs) SUBJECT TO INUNDATION BY i�'•s THE 1%ANNUAL CHANCE FLOOD -The 1%annual chance flood (100- s . pi year),also know as the base flood, is the flood that has a 1%chance of ,.�, being equaled or exceeded in any given year.SFHAs include Zone A,AE, AH, AO,V,and VE.The Base Flood Elevation (BFE) is the water surface elevation of the 1% annual chance flood. Mandatory flood insurance Property Information Notes: purchase applies in these zones: COUNTY: HAWAII Zone A:No BFE determined. TMK NO: (3)2-8-012:022 Zone AE:BFE determined. WATERSHED: KAPEHU PARCEL ADDRESS: ADDRESS NOT FOUND Zone AH:Flood depths of 1 to 3 feet(usually areas of ponding); PEPEEKEO,HI 96783 BFE determined. Zone AO: Flood depths of 1 to 3 feet (usually sheet flow on Flood Hazard Information sloping terrain);average depths determined. FIRM INDEX DATE: SEPTEMBER 29,2017 Zone V:Coastal flood zone with velocity hazard(wave action); LETTER OF MAP CHANGE(S): NONE no BFE determined. FEMA FIRM PANEL: 1551660700F Zone VE:Coastal flood zone with velocity hazard(wave action); PANEL EFFECTIVE DATE: SEPTEMBER 29,2017 BFE determined. Zone AEF: Floodway areas in Zone AE. The floodway is the channel of stream plus any adjacent floodplain areas that must be kept free of encroachment so that the 1% annual chance flood can be carried without increasing the BFE. NON-SPECIAL FLOOD HAZARD AREA-An area in a low-to-moderate risk THIS PROPERTY IS WITHIN ATSUNAMI EVACUTION ZONE: NO flood zone. No mandatory flood insurance purchase requirements apply, FOR MORE INFO,VISIT:http://www.scd.hawaii.gov/ but coverage is available in participating communities. THIS PROPERTY IS WITHIN A DAM EVACUATION ZONE: NO Zone XS(X shaded):Areas of 0.2%annual chance flood;areas of FOR MORE INFO,VISIT:http://dlnreng.hawaii.gov/dam/ 1%annual chance flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 1%annual chance flood. Zone X:Areas determined to be outside the 0.2%annual chance 0 200 400 ft floodplain. Disclaimer:The Hawaii Department of Land and Natural Resources(DLNR)assumes no responsibility arising from the use, accuracy, completeness, and timeliness of any information contained in this report. Viewers/Users are OTHER FLOOD AREAS responsible for verifying the accuracy of the information and agree to indemnify the DLNR,its officers,and employ- ees from any liability which may arise from its use of its data or information. I Zone D: Unstudied areas where flood hazards are undeter- mined, but flooding is possible. No mandatory flood insurance If this map has been identified as'PRELIM/NARY',please note that it is being provided for informational purposes purchase apply,but coverage is available in participating commu- and is not to be used for flood insurance rating.Contact your county floodplain manager for flood zone determina- nities. tions to be used for compliance with local floodplain management regulations. FIGURE 9 3F. Archaeological Resources It is unlikely any archaeological resources exist on the property. The eastern portion of the site, which is used for overnight accommodations, has been cleared and used for residential purposes for many years. The western portion of the property is a livestock pasture for cows and sheep. No grading or grubbing would be required under the request and very minimal ground disturbance would be necessary to construct the proposed bathhouse and new Individual Wastewater System to replace the existing cesspool. However, in the event any inadvertent discoveries are made during any land disturbance activity relating to this project, work will cease, and the applicants will immediately notify the Planning Department and the State Historic Preservation Division (SHPD) and secure their clearances before proceeding further. 3G. Flora and Fauna Resources No professional survey for flora and fauna resources was done on the site. However, the applicants do not believe there are any threatened or endangered species on the property. The subject site was partially cleared and graded in 1990 for the construction of the one (1) existing single-family residence as well as the existing unpermitted campsite structures in 2018. The western portion of the site is used as pastureland for livestock. Several fruit trees have been planted on the property including mango, soursop, avocado, acai, lemon, tangerine, mandarin orange, coconut, and cacao. Non-native grasses such as guinea grass are also present. Introduced bird species such as Dove, Japanese White-eye, House finch, and Common Myna are common in the area. Domestic animals such as cats, dogs, and feral pigs are also common and not considered endangered. It is possible that the Hawaiian Hawk(Buteo solitarius) and Hawaiian owl (Asio flammeus sandwichensis) may be seen on or near the subject site due to the property's rural nature. The Hawaiian Hoary Bat or `Ope`ape`a (Lasiurus cinereus semotus) may also utilize the site as they are far ranging and utilize habitats across the island. Minimal earthwork would occur under the proposed project. However, the potential presence of native endangered fauna on the property and in the area requires mitigating measures for certain actions should they occur. If any tree cutting occurs between March and September, the Division of Forestry and Wildlife (DOFAW) must be consulted first. A pre-construction hawk nest search by a qualified ornithologist using standard methods must be conducted. If nests are found, no land clearing is permissible until October. The State listed Hawaiian Hoary Bat(Lasiurus cinereus semotus) may be sensitive to disturbance between June 1 and September 15, throughout which no shrubs or trees taller than 15 feet may be disturbed or removed. 21 To prevent the spread of Rapid `Ohi`a Death(ROD), the movement of plant or soil material must be minimized. This material may contain either fungal pathogens such as ROD, or invasive vertebrate and invertebrate pests, such as Little Fire Ants (Wasmannia auropunctata). All equipment must be sprayed with 70% alcohol before accessing and leaving the site to prevent the spread of these pathogens. 3H. Valued Cultural Resources The Hawaii State Supreme Court's PASH and Ka Pa`akai O Ka `Aina decisions require decision-makers to consider a project's impact to native Hawaiian practices and resources. Specifically, prior to deciding, State and County agencies must identify the cultural, historical, and natural resources and associated traditional and customary practices of this site, the impacts of the proposed project to those resources and practices, and the feasible action (i.e., mitigation measures), if any, to protect such resources and practices. No cultural resources are known to be located on the property. It is not known whether the subject site or immediate surrounding area was ever used for traditional and customary rights by native Hawaiians. There are no public access points to mountainous areas from the subject site. Since the property has been used for residential purposes for many years, it would appear unlikely that the site would serve such a purpose today and/or in the recent past. However, in the event any cultural resources were to be found on the property, all construction activity would cease in the immediate area, and the Department of Land and Natural Resources State Historic Preservation Division would be contacted immediately. Based on the above, it does not appear that the project would have any potential adverse impact relating to the cultural resources of this area. 3I. Public Access This request will not affect public access because the site is roughly 0.5 miles away from the shoreline and Special Management Area. There are no public access points from the property to mountainous areas. 3J. Description of Access Access to the site is off Old Mamalahoa Highway, approximately 1 mile north of its intersection with Highway 19. This section of Old Mamalahoa Highway leading to the subject property is a gravel road that requires repairs at times. The applicants have maintained parts of the road as a community service for the surrounding area and will continue to do so under the Special Permit request. The road has been used for years by the project without issue, and therefore should be adequate for continued use. An existing paved driveway along the north property line will serve the site and the project's eleven (11)parking stalls are sufficient to accommodate the requested three (3) bed and breakfast bedrooms, one host bedroom and six (6) campsites proposed by the proj ect. 22 3K. Traffic Impacts Traffic impacts from the proposed project are expected to be minimal. A total of twenty- two (22)people can be accommodated on the property at one time, including potential overnight guests at full capacity and one (1)live-in manager for the proposed Bed and Breakfast. The maximum number of cars that may be on site daily is eleven (11), which is more than sufficient to accommodate one (1) car per available room and one (1) car for the live-in manager. The project's anticipated maximum of ten (10) cars on Old Mamalahoa Highway and surrounding roadways at various times throughout a given day has not had a significant impact. Thus, approval of the Special Permit request is not anticipated to have any significant impact to traffic in the area. Furthermore, the fact that the applicants have voluntarily maintained a substantial portion of the gravel road suggests that any potential impacts on access or traffic will be further minimized. 3L. Availability of Utilities Water The property is currently serviced by a rainwater catchment tank. This area receives approximately 140 inches of rainfall per year, which is more than adequate to serve the proposed use. However, water will be trucked in if required and bottled water will be made available to guests. Water for fire suppression will be determined in consultation with the fire department. Wastewater An existing cesspool will be closed according to Department of Health standards and replaced with a new Individual Wastewater System (IWS) approved by DOH. Electricity The property is off-grid and utilizes solar electricity with sufficient capacity for the proposed use. Other Utilities Police, fire, and medical services are available roughly 12 miles south of the property in Hilo. 23 III. REGULATORY ANALYSIS 4A. Coastal Zone Management The subject property is located approximately 0.5 miles from the nearest coastline and is not located within the Special Management Area. It is unlikely that any archaeological features, threatened or endangered plants, animals, or avian species will be adversely affected. There is no designated public access to the mountain areas over the property. Therefore, the proposed use will not adversely impact any recreational resources, including access to and along the shoreline, scenic and open space resources, coastal ecosystems, and marine and coastal resources. 411. Impacts to Surrounding Properties Noise and Scenic Views Temporary and minor noise may occur during the construction of the proposed bathhouse and the Individual Wastewater System. Noise impacts during this time are not expected to be significant or prolonged and little land disturbance will be involved. Noise impacts during operation are not expected to be significant to the surrounding area. The applicants propose to host up to eight(8)people inside the single-family residence as a Bed and Breakfast and up to thirteen (13)people in the six (6) campsites at full capacity. Noise generated inside the Bed and Breakfast will be naturally buffered by the residence itself and the campsites are adequately spread out to abate potential noise. An on-site manager will be available to ensure compliance with the County's good neighbor policies and to ensure that quiet hours from 9:00 p.m. to 8:00 a.m. are strictly enforced for all guests. Further, the nearest neighboring residence to any campsite is approximately 250 feet to the southeast on the opposite side of Old Mamalahoa Highway and is screened by thick vegetation. Additional screening plants can also be used for landscaping to buffer any potential noise and visual impacts to the surrounding area if necessary. Light Pollution Light pollution is another important aspect of minimizing impacts to surrounding properties and the visibility of the night sky. The following guidelines to minimize light pollution will be adhered to: 1. Any outdoor lighting must conform to the standards established by the Hawaii County Outdoor Lighting Ordinance (Hawai`i County Code Chapter 14, Article 9: "Outdoor Lighting"). 2. The minimum possible amount of outdoor/exterior lighting should be used and should be turned off when not needed. Motion sensor activated lighting will be used wherever feasible. 3. All exterior lighting should be fully shielded. This means that all lighting fixtures must emit zero light above the horizontal plane. 24 4. Conformity to the Outdoor Lighting Ordinance also requires the use of blue- deficient exterior lighting. This means that exterior LED lighting must emit less than 2% of its total energy at wavelengths less than 500 nm. The best choice for this is either filtered LED lights, or amber LED lights. 5. White light should be avoided. Any white light used should have Correlated Color Temperature of 2700 K or below. Traffic The requested action involves the potential of ten (10)peak hour vehicular trips from guests to the site when operating at maximum capacity. However, in general, these trips are anticipated to be distributed throughout the day and will not occur simultaneously. Moreover, the site will not consistently operate at full capacity. As a result, the projected traffic impacts on neighboring properties are not anticipated to be significant. Additionally, the applicants will continue to maintain portions of Old Mamalahoa Highway, which will continue to benefit the neighboring community. 4C. Impacts to Public Agencies The proposed project will not unreasonably burden public agencies to provide roads, streets, sewers, water, drainage, school improvements, and police and fire protection. 41). Unusual Conditions In recognizing that lands within the agricultural districts might not be best suited for agricultural activities and yet classified as such, and in recognition that certain types of uses might not be strictly agricultural in nature, yet reasonable in such districts, Hawaii Revised Statutes Chapter 205-6 allows County Planning Commissions to permit certain unusual and reasonable uses within the Agricultural districts other than those for which the district is classified. Unusual conditions, trends and needs have arisen since the district boundaries and regulations were established. The subject 2-acre parcel is located within the Agricultural district and is sited among several large agricultural parcels. However, given the soil quality, topography, and narrow dimensions of the property, it is not nearly as well suited for intensive agricultural uses as its larger neighbors. As noted in the General Plan, in recent years many niche tourism markets, similar to the project being proposed, have established themselves throughout the island. In this case, although the subject property is designated for agricultural use by both State and County land use laws, given that it is ill-suited for agricultural use, through the issuance of a Special Permit various "non-agricultural" uses may be allowed. Thus, the applicants' intentions are to create an alternative visitor experience by providing a bed and breakfast and campground operation. These niche accommodations are intended to present a minimal impact and promote the natural and cultural resources in the area while also contributing to 25 the local economy and providing minimal accommodations options to both residents and visitors. 4E. Land Suitability for Permitted Use According to the Land Study Bureau Overall Master Productivity Rating, the subject property is both"C" or fair, and"E" or very poor, which is the lowest productivity class. Additionally, the U.S. Department of Agricultural Natural Resource Conservation Service does not consider the land to be prime farmland although it is classified as Important Agricultural Land within the General Plan's Land Use Pattern Allocation Guide. The property is exceptionally narrow and has a steep elevation incline, which makes agricultural productivity unviable. Given that the subject site is not ideal for agricultural use, the Special Permit request proposes to utilize the dwelling as a 3-bedroom bed and breakfast and legitimize the six (6) existing campsites. The proposed use is intended to cause minimal impact to the property and surrounding area. Given the small size of the requested special permit area and the limited agricultural potential of the land, granting of this request would not represent a significant reduction of the agricultural potential of the general area. 4F. Land Character and Present Use The present use of the subject site is for transient accommodation and residential purposes. The existing single-family residence is currently permitted to operate as an STVR. The subject request seeks to modify the use from STVR to Bed and Breakfast, which poses a minimal change. The main difference between the uses is that, in addition to offering three (3)bedrooms for overnight accommodations, the dwelling will also house an on-site manager. The manager will be present on the property to address any guest/neighbor concerns and ensure that good neighbor policies are being adhered to. Additionally, the request to legitimize the existing six (6) campsites poses a minimal impact to the character of the land as the campsites are designed to have a relatively small footprint and impact. The proposed Special Permit area spans a 1-acre portion of the 2-acre property. The project is intended to preserve the essential character of the land by proposing to utilize existing improvements on site. The proposed development is limited to one (1) bathhouse to support the existing campsites. All other supporting infrastructure including access, parking, water, and electricity are in place and adequate to serve the proposed use. The existing cesspool will be closed according to DOH standards and a new IWS will be installed meeting the approval of DOH. These improvements will not substantially alter or change the essential character of the land. Additionally, the livestock pasture on the western portion of the property will be maintained, as well as the several fruit trees on the property. 26 Therefore, the Special Permit request does not intend to alter the essential character of the land, but rather to realize its potential through the addition of an unusual, yet compatible and reasonable use. 4G. Relationship to General Plan The proposed use will not be contrary to the goals, policies, and standards of the General Plan and the Hamakua Community Development Plan. Further, as discussed in Section 3C, the proposed use conforms to the General Plan's economic, and land use goals, and public facilities goals, and policies, including the following: Economic Element • Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. Public Facilities Element • Encourage the provision of public facilities that effectively service community and visitor needs and seek ways of improving public service through better and more functional facilities in keeping with the environmental and aesthetic concerns of the community. Land Use Element • Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. Discussion: Approval of the requested Special Permit would be in line with the economic, public facilities, and land use goals and policies of the General Plan. The project would provide economic opportunity by allowing the applicants to legitimize and improve their small transient accommodations business, which in turn helps to promote other small businesses in the area. Additionally, the facilities are low-impact and are in balance with the physical and social environment of the area. 4H. Unusual and Reasonable Use The proposed project constitutes an unusual and reasonable use of the land, which would not be contrary to the objectives sought by Land Use Law and Regulations, which for the Agricultural District, seek to preserve or keep the land of high agricultural potential in agricultural usage. Lands in the Agricultural District include areas with a high capacity or potential for agricultural uses but also lands which are surrounded by or contiguous to agricultural lands and which are not suited to agricultural uses by reason of topography, soils, or other related characteristics. 27 The Land Study Bureau soil rating designates the east and west portions of the property as very poor soils, and a small central portion of the property as fair. Unlike larger agricultural neighbors, the subject property is exceptionally narrow and has a steep elevation incline, making intensive agricultural productivity unviable. Thus, the Special Permit approval would allow the applicants to appropriately utilize the property by providing transient accommodations in a manner which seeks to provide minimal impact to the property and the surrounding area. Additionally, the proposed use will not hinder any future agricultural possibilities on the property since very minimal and low impact improvements are being proposed by the requested action. The request proposes to include a (1) new 10'x12' bathhouse and a new Individual Wastewater System (IWS). The existing driveway is paved, and eleven (11) existing parking spaces will accommodate guests. Thus, the Special Permit approval will allow the applicants to make the best use of the land in a way that is compatible and beneficial to the site. Therefore, the proposed use would not adversely impact the agricultural land inventory in the County of Hawaii and would not be contrary to the intent and purpose of the State Land Use Law. 28 Mitchell D. Roth �o��<v of„�� Zendo Kern Mayor Director Lee E. Lord Jeffrey W. Darrow Managing Director o�-�;•� Deputy Director +r'•' Mo..�. ',Tp OF.M�'gl West Hawaii Office East Hawaii Office 74-5044 Ane Keohokalole Hwyu • • 101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of l lawal 1 Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 September 29, 2022 n n n Di ri h Dear Mr. and Mrs. Dietrich and Mathew Dietrich: SUBJECT: WARNING LETTER Complaint: Unpermitted Camping Cabanas Property Owner: Steven and Jane Dietrich Reachable Person: Mathew Dietrich File No.: ZCV 2020-037E TMK: (3) 2-8-012:022, 14-1435 Old Mamalahoa,Hwy., South Hilo,Hawaii We received a complaint dated May 1, 2020, stating that Hamakua House is using 6 cabanas for camping accommodations. Our research of your website advertisement for Hamakua House & Camping Cabanas indicates that there are 6 camping cabanas. These camping cabanas may sleep 2 persons and has a shared kitchen area. In addition, your advertisement list that a cabin is also used for accommodation. Please refer to attached Exhibits A - C. On September 22, 2022, our Planning Inspector and Mathew Dietrich (Immediate contact for the STVR) conducted a site inspection. Our Inspector observed 6-cabanas established for accommodations. Cabanas 91 thru 95 are located east of the main dwelling and cabana 96 is located west of the main dwelling. Further, according to Mathew, the cabin is located on a different property. Planning Dep;. Exhibit 2 www.planning.hawaiicounty_.gov Hawai'i County is an Equal Opportunity Provider and Employer planningAa hawaiicounty_.gov Mr. and Mrs. Dietrich Mathew Dietrich Warning Letter ZCV-2020-037E September 28, 2022 Page 2 The main dwelling consists of 4 bedrooms, 3 bedrooms is utilized for the un-hosted STVR NUC accommodations and I bedroom is used for a live-in manager. Please be reminded that a live-in manager converts the un-hosted STVR into a hosted rental, this action may jeopardize your renewal for your STVR NUC. Your property is approved by this department for a 3-bedroom un-hosted STVR NUC (NUC 19- 1557), but it does not include "use" of camping cabanas and cabin(s) for accommodations. Furthermore, our records do not indicate that a Special Permit was secured prior to the use of the camping cabanas or cabin used for accommodations. Hawaii County Code (HCC), Chapter 25 Zoning and Hawaii Revised Statues (HRS): Section 25-4-4 Uses Prohibited, Section 25-5-71 (a) Permitted Uses in the agricultural districts, HRS 205-4.5 Permissible uses within the agricultural districts. The HCC and HRS does not allow overnight camping, camping cabanas and cabin(s) as permitted uses within the agricultural zoning districts without first securing a special permit. Therefore, the above subject property is in violation of both HCC, Chapter 25-5-71 (a) and HRS 205-4.5. We have provided the link to Chapter 25, Zoning Code, where you may find the above referenced sections and application forms. Zoning&Land Use, Hawaii County, HI Planning WARNING This letter offers you the opportunity to correct the violation before a formal Notice of Violation & Order and fines are issued. To respond to this Warning Letter, please do the following by the deadline date of October 31, 2022: 1) Cease use of all cabanas and cabin for accommodations, 2) Remove/disable all website advertisements for the cabanas and cabin(s) used as accommodations, 3) Submit a Special Permit Application, if you choose to hire a planning consultant provide a confirmation letter or email, listing the business name and planning consultant contact information. GENERAL INFORMATION What happens if you do not correct the alleged violation and contact the Inspector? If you do not correct the violation as described and contact the Inspector by the "deadline date", you shall be issued a "Notice of Violation and Order" which shall include civil fines. Fines are as indicated in HCC, Chapter 25; fines are $500 plus daily fines of up to $500 per day and HRS fines are up to $5000. Upon receipt of your letter or after our satisfactory review, we may close this complaint process with no formal action depending on the evidence that you provide to this office. Mr. and Mrs. Dietrich Mathew Dietrich Warning Letter ZCV-2020-037E September 28, 2022 Page 3 Should you have any questions on this matter, please contact Planning Inspector Mark Iwamoto, of the County of Hawaii Planning Department at(808) 961-8151. Sincerely, Zendo Kern(Oct 4,2022 16:34 HST) ZENDO KERN Planning Director MI: \\COH01\planning\public\Enforcement\TMK Files\ZONE 2\2-8-012-022\WaimingGAZEB0ZCV 2020-037E.doc BOOK NOW. jd - The Hamakua House is a rustic guesthouse located on the south end of Hawaii's breathtaking Hamakua Coast. Our accommodations include Private Rooms,Outdoor Camping_ Cabanas.Private Cabins,and an Outdoor"hostel style"Dorm. The Hamakua Guesthouse and Camping Cabanas is made up of y � two neighboring properties. The first offers panoramic ocean views,while the second borders the stunning Kapehu river. The two properties are located across the street from each other and all property amenities are available to all guests. 01 Watertall and Swimming Arsa Lucatec�,te-P cpo i•,. Exhibit A: Photo depicts advertisement for Hamakua House accommodations; outdoor Camping Cabanas and Private Cabins. Mr. and Mrs. Dietrich Mathew Dietrich • � 1 1 Letter September 28, 2022 •. , r Exhibit S �y yy Ee+ y r� , B: • o depicts camping cabanas east side of the maindwelling, used • accommodations. Mr. and Mrs. Dietrich Mathew Dietrich Warning Letter ZCV-2020-037E September 28, 2022 Page 5 RIVER RAINFOREST TINY CABIN River Views, Private Bathroom, and Private Kitchenette Sleeps 2-3 People(One Full Bed and One Single Bed) This tiny house cabin offers a full size bed and a lofted single bed. There is a private kitchenette and a private bathroom included.Please note that you must be able to climb stairs to access this rental. To book this cabin type click BOOK NOW,enter your desired dates,and select"Private River Rainforest Cabin" t L71 z 3 w. A E Exhibit C: Photo depicts advertisement of Hamakua House & Camping Cabanas accommodation for the unpermitted cabin(s). 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 28, 2024 TO: Mr. Zendo Kern Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Special Permit Application (PL-SPP-2023-000052) Applicant: Matthew Dietrich, Steven Dietrich, and Jane Dietrich Request: To Allow a Three (3)-Bedroom Bed& Breakfast Establishment and to Legitimize an Existing Campground Tax Map Key: (3) 2-8-012:022, Pepe`eke6, South Hilo District, Hawaii In most cases,the District Health Office will no longer provide individual comments to agencies or project owners to expedite the land use review and process. Agencies,project owners, and their agents should apply Department of Health "Standard Comments"regarding land use to their standard project comments in their submittal. Standard comments can be found on the Land Use Planning Review section of the Department of Health website: hgps://health.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), Chapters 11-59 and 11-60.1. Planning Dept. Exhibit 3 Zendo Kern March 1, 2024 Page 2 of 4 2. Control of Fugitive Dust: You must reasonably control the generation of all airborne, visible fugitive dust and comply with the fugitive dust provisions of HAR §11-60.1-33. Note that activities that occur near existing residences, businesses,public areas, and major thoroughfares exacerbate potential dust concerns. It is recommended that a dust control management plan be developed which identifies and mitigates all activities that may generate airborne and visible fugitive dust and that buffer zones be established wherever possible. 3. Standard comments for the Clean Air Branch are at: hgps://health.hawaii.gov/epo/landuse/ Clean Water Branch 1. All project activities shall comply with the HAR, Chapters 11-53, 11-54, and 11-55. 1. The following Clean Water Branch website contains information for agencies and/or project owners who are seeking comments regarding environmental compliance for their projects with HAR, Chapters 11-53, 11-54, and 11-55: haps://health.hawaii.gov/cwb/clean-water-branch-home- page/cwb- standard-comments/. Hazard Evaluation & Emergency Response Office 1. A Phase I Environmental Site Assessment(ESA) and Phase II Site Investigation should be conducted for projects wherever current or former activities on site may have resulted in releases of hazardous substances, including oil or chemicals. Areas of concern include current and former industrial areas, harbors, airports, and formerly and currently zoned agricultural lands used for growing sugar, pineapple or other agricultural products. 2. Standard comments for the Hazard Evaluation& Emergency Response Office are at: 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 hqps://health.hawaii.gov/irhb/asbestos/. Safe Drinking Water Branch Zendo Kern March 1, 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 March 1, 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 feel free to call the Food Safety Program at 933-0917. Other 1. CDC - Healthy Places - Healthy Community Design Checklist Toolkit recommends that state and county planning departments, developers,planners, engineers, and other interested parties apply these principles when planning or reviewing new developments or redevelopment projects. 2. If new information is found or changes are made to your submittal, DOH reserves the right to implement appropriate environmental health restrictions as required. Should there be any questions on this matter,please contact the Department of Health, Hawaii District Health Office, at(808) 933-0917. CHANG JOSH GREEN,M.D. E o F h DAWN N.S.SON GOVERNOR I KE KIA'AINA 4P �gsy „y CHAIRPERSON p BOARD OF LAND AND NATURAL RESOURCES �•'rC9 K � V� t, COMMISSION ON WATER RESOURCE SYLVIA LUKE i \ g MANAGEMENT LIEUTENANT GOVERNOR I KA HOPE KIA'AINA i RYAN K.P.KANAKA'OLE gg` FIRST DEPUTY Vand and n, a #S, `d/ DEAN D.UYENO ACTING DEPUTY DIRECTOR-WATER AQUATIC RESOURCES BOATING AND OCEAN RECREATION STATE OF HAWAIIKA MOKU`AINA`O HAWAIIBUREAU OF CONVEYANCES COMMISSION ON WATER RESOURCEDEPARTMENT OF LAND AND NATURAL RESOURCES MANAGEMENTCONSERVATION AND COASTAL LANDS ,at-of Ha+NCONSERVATION AND RESOURCES KA OIHANA KUMUWAIWAI AINA ENFORCEMENT ENGINEERING FORESTRY AND WILDLIFE STATE HISTORIC PRESERVATION DIVISION HISTORIC PRESERVATION KAHOOLAWE ISLAND RESERVE COMMISSION KAKUHIHEWA BUILDING LAND 601 KAMOKILA BLVD,STE 555 STATE PARKS KAPOLEI,HAWAII 96707 March 14,2024 IN REPLY REFER TO: Zendo Kern,Director Project No. 2024PR00244 County of Hawaii Doc.No. 2403NM07 Planning Department Archaeology 101 Pauahi Street, Suite 3 Hilo,HI 96720 plannin hawaiicounty. og_v Dear Zendo Kern: SUBJECT: Chapter 6E-42 Historic Preservation Review— County of Hawaii Special Permit Application Dietrich Proposed Bed and Breakfast/Campground Ka`akepa,Kula`ikahonu Ahupua`a,North Hilo District,Island of Hawaii TMK: (3)2-8-012:022 por. This letter provides the State Historic Preservation Division's (SHPD's) review of the subject County of Hawaii special permit application. SHPD received the submission on February 26,2024,which included construction plans, and a permit application. Matthew,Jane, and Stephen Dietrich propose converting a Short-term Vacation Rental to a Bed and Breakfast and to legitimize an existing campground operation on the property on a 1.0-acre portion of the 2.0-acre parcel.The property currently consists of a single-family residence,6 overnight campsites,a paved driveway, 11 parking spaces, a cesspool,and a catchment tank. With permit approval,the applicants intend to add a bathhouse to support the campground and convert the cesspool to an Individual Wastewater System(IWS). A review of SHPD's records indicates that the parcel has not been previously subject to an archaeological inventory survey (AIS) and no historic properties have been previously identified within or near the subject parcel. Aerial imagery confirms the current project area has been previously mechanically disturbed.It is unlikely historic properties remain within the current project area. Based on the current information, SHPD's determination is No historic properties affected for the proposed project. Pursuant to HAR§13-284-7(e),when the SHPD agrees that the action will not affect any significant historic properties, this is the SHPD's written concurrence and historic preservation review process is complete. The permit issuance process may continue. Attach to the permit: In the unlikely event that subsurface historic resources, including human skeletal remains, structural remains,cultural deposits,artifacts, sand deposits, or sink holes are identified during the demolition and/or construction work,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. Please contact Nicole A. Mello,Hawaii Island Archaeologist IV, at Nicole.Mellokhawaii.gov for any questions or concerns regarding this letter. Planning Dep;. Exhibit 4 Zendo Kern March 14,2024 Page 2 Aloha, Gan �owne� Alan S.Downer,PhD Administrator,State Historic Preservation Division Deputy State Historic Preservation Officer cc: Jessica Andrews,jessica.andrews&bawaiicounty. og_v Steven and Jane Dietrich,matkhamakuahouse.com OF JOSH GREEN,M.D. °,95g"° II STATE OF HAWAII GOVERNOR ':. OFFICE OF PLANNING SYWIALUKE LT.GOVERNOR & SUSTAINABLE DEVELOPMENT MARY ALICE EVANS o " DIRECTOR 235 South Beretania Street,6th Floor,Honolulu,Hawaii 96813Telephone: (808)587-2846 Mailing Address: P.O.Box 2359,Honolulu,Hawaii 96804 Fax: (sos)587-2824 Web: https:Hplanning.hawaii.gov/ Coastal zone DTS 20240223155ONA Management Program Apri14, 2024 Environmental Review Zendo Kern, Director Program Planning Department Land Use Commission County of Hawal`i 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-2023-000052) Applicant: Matthew, Steven, and Jane Dietrich Statewide Geographic Information System Request: To Allow a Three-Bedroom B&B and to Legitimize an Existing Campground Statewide Tax Map Key: (3) 2-8-012:022 (por.) Sustainability Branch Pepe`ekeo, South Hilo,Hawaii Thank you for the opportunity to comment on the subject application. The Applicant seeks a Special Permit to convert a permitted nonconforming Short- Term Vacation Rental(STVR)to a Bed and Breakfast (B&B) and to legitimize an existing campground operation on a portion of a two-acre parcel in the State Agricultural District. Property and Surrounding Lands The parcel is within the State Agricultural District, classified A-20a under county zoning, and designated"Important Agricultural Land" on the county General Plan. Most of the soil on the property is rated"E" under the Land Study Bureau's (LSB) soil productivity rating system, while a small portion to the east is rated"C." On the Agricultural Lands of Importance to the State of Hawaii (ALISH)map,the parcel is classified"Prime." Surrounding lands are also in the State Agricultural District and appear to be in active agricultural use. Large, LSB "C"-rated parcels adjacent to the property to the north are owned by Kamehameha Schools Bishop Estate. Access to the property is via a paved driveway off Old Mamalahoa Highway, a county roadway that intersects with State Highway 19 about one mile to the south. The parcel has an unusually long and narrow shape. Most of the property contains slopes ranging from 10%to 20%,while the remaining portions to the west and east have topography ranging from flat to nine percent. The western portion of the parcel is currently used as pasture for cows and sheep. Planning Dept. Exhibit 5 Mr. Zendo Kern April 4, 2024 Page 2 Existing and Proposed Uses Existing facilities on the property are situated on approximately one acre (Permit Area), and include a single-family residence, a rain catchment tank, a cesspool, six camping platforms, and seven parking stalls. The single-family home,built in 1990, contains three permitted bedrooms, one unpermitted bedroom, and two baths, and is currently being used as STVR. The camping platforms have been constructed and rented for overnight camping without the necessary permits since 2012; five of the campsites are designed to accommodate two people and the sixth has capacity for three people. The Applicant proposes to rent three of the bedrooms in the existing single-family residence to up to eight B&B guests and keep the fourth bedroom for a live-in manager. If the Special Permit for B&B use is approved,the Applicant will give up the STVR permit. In addition,the Applicant seeks to legitimize the six overnight campsites. The Applicant also proposes to replace the cesspool with a new Individual Wastewater System approved by the Hawaii Department of Health, construct a new 120-square-foot bathhouse with two toilets, sinks, and showers to service the campsites, and increase parking to 11 spaces. OPSD Comments The Office of Planning and Sustainable Development (OPSD)has the following comments: 1. Overnight camps are no longer allowed in the State Agricultural District with a special permit. In a 2023 Hawaii Supreme Court decision,Ho`omoana Foundation v. Land Use Commission,the Court overruled a previous Supreme Court case (Maha`ulepu v. Land Use Commission) decision, and held that an overnight camp use specifically excluded from permitted uses in the Agricultural District under HRS 205-4.5(a)(6) cannot be permitted by a special use permit. The Supreme Court also held that a public or private recreational overnight camp use in the Agricultural District requires a district boundary amendment. 2. OPSD recognizes that the property is not suitable for intensive agricultural use given its constraints —low soil productivity rating,narrow shape, and steep elevation incline. If the county chooses to approve a Special Permit for the three-bedroom B&B to augment the Applicant's income, OPSD would not object. Such non-agricultural use is unlikely to negatively impact the continuing agricultural use of neighboring large parcels. Thank you for the opportunity to provide these comments. If you have any questions,please contact Aaron Setogawa at (808) 587-2883 or at aaron.h.setogawakhawaii. og_v. If you wish to respond to this comment letter,please include DTS 20240223155ONA in the subject line. Mahalo, Mary Alice Evans Director DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: February 26, 2024, 2024 790"W0449 fL TO: Zendo Kern, Planning Director FROM: Department of Public Works, Engineering Division SUBJECT: Special Permit Application (PL-SPP-2023-000052) Applicant: Matthew Dietrich, Steven Dietrich, and Jane Dietrich Request: To Allow a Three (3)-Bedroom Bed & Breakfast Establishment and to Legitimize an Existing Campground TMK: 2-8-012:022 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. 2. Construction within the County right-of-way shall comply with HCC, Chapter 22, County Streets Questions may be referred to Robyn Matsumoto at 961-8924. Planning Dept. Exhibit 6 County of Hawaii is an Equal Opportunity Provider and Employer JMtvfu(N�y4 Mitchell D.Roth ' �J Ramzi I.Mansour 4 w. Director Mayor i. Deanna S.Sako %:r ,��` Brenda Iokepa-Moses OF'A Deputy Director Managing Director P �' County of Hawai'i DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao`a Street,Suite 41 •Hilo,Hawai'i 96720•cohdem@hawaiicounty.gov Ph: (808) 961-8083 •Fax:(808)961-8086 MEMORANDUM TO: Zendo Kern, Director Planning Department FROM: Ramzi L Mansour, Direct'zJ l Department of Environmental Management DATE: March 7, 2024 SUBJECT: Special Pen-nit Application (PL-SPP-2023-000052) Applicant: Matthew Dietrich, Steven Dietrich, and Jane Dietrich Request: To Allow a Three (3)-Bedroom Bed & Breakfast Establishment and to Legitimize an Existing Campground Tax Map Key: (3) 2-8-012:022, Pepe`ekeo, South Hilo District, Hawai'i The Solid Waste Division has reviewed the subject application and provides the following comments (Contact the Solid Waste Division for details). • Conunercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. • Aggregates and any other constructiol-ddemolition 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): • No County sewer system in area. Applicant shall follow Hawaii Department of Health, and all other applicable federal, state, and county regulations. Planning Dept. Exhibit 7 County of Hawai'i is an Equal Opportunity Provider and Employer. Re: Notice of Submittal of Application and Planning Commission Hearing Special Permit Request (PL-SPP-2023-000052) Nature of Request:To Allow a Three (3) Bedroom Bed & Breakfast Establishment and to Legitimize an Existing Campground Applicants: Matthew Dietrich, Steven Dietrich, and Jane Dietrich CDH PLANNING DEPT TMK: (3) 2-8-012:022, Pepeekeo, South Hilo, Hawaii MAR 12 2024 PR1:05 Dear Planning Commission, RECD HAND DELIVERED This letter is to provide written testimony in opposition to the proposed Special Permit to allow a Three (3) Bedroom Bed & Breakfast Establishment and to Legitimize an Existing Campground on TMK(3) 2-8-012:022 (known further as the property). This special permit should not be granted for the following reasons: 1) Campgrounds with overnight accommodations in closed structures, which are provided at the property, are not permitted in Agriculture zoned land per the Hawaii County Planning Department Zoning Code (Chapter 25). "Campgrounds, parks, playgrounds, tennis courts, swimming pools, and other similar open area recreational facilities, where none of the recreation of features are entirely enclosed in a building"are permitted in Agriculture zoned properties however the Dietrich's property does not conform to this permitted use as the camping is provided in enclosed buildings which have roofs, floors, walls with screened windows, and electricity. 2) The b "camping" structures (also called "cabanas") and 3-bedroom home can accommodate upwards of 20 guests on their 2-acre lot. We find this density to be too great for the rural neighborhood and does not conform with the surrounding agricultural area. It is our opinion that a change in status would further legitimize their endeavor and promote expansion. Our gravel road and quiet rural neighborhood simply cannot handle the volume of guests the Dietrich's accommodate. 3) Pursuant to Zoning rules Section 25-4-7;1 "The bed and breakfast establishment shall be subordinate and clearly or customarily incidental to the principal use as a residence by its operator and not alter or be detrimental to the character of the surrounding area."The sole purpose of the subject property is to make the Dietrich's money by renting all rooms and "camping cabanas."There is no other use of the property outside of being a vacation rental. The owners, Steven and lane Dietrich, reside in Ohio. Mathew Dietrich resides in Kehena where he runs a clothing optional resort (12-7232 Mauka Nui Street). The subject property is not used as a residence,vacation rental is the main focus of the property, and therefore does not qualify for the Bed & Breakfast permit. 4) Pursuant to Zoning rules Section 25-4-7;5 "The maximum number of guests permitted within a bed and breakfast establishment at any one time shall be ten."It is of our opinion that with twenty or more guests at the property it would be difficult for regulators to monitor the classes of guest ("cabana" vs main house bedrooms) were partaking in the "breakfast" option and therefore we are against this classification applying to the subject property. It also calls into question what is considered an Planning Dep;. Exhibit 8 "establishment." The entire property is monetized as an "establishment" If the Planning Commission considers the property as an establishment the ❑ietrich's would be well over the limit for the Bed & Breakfast permit. 5) As their rental listing states currently, the subject property shares amenities between the subject property and another property down the street (called the River House located at 28-1408 Old Mamalahoa Highway). It is unclear from the application if the River House guests will also then be allowed to add a bed & breakfast feature to their booking, since the River House and subject property have a combined listing, booking capabilities, and caretaker. It is virtually impossible to differentiate between the two properties which would bring 8 or more guests to the Bed & Breakfast. Flow can the ❑ietrich's assure they will not apply their Bed & Breakfast permit to the other property(ies) they manage? 6) The conceptual site plan incorrectly lists that the width of the property is 75 feet when it is 58 feet wide.The loss of width is what places the leach field and cabins closer to the property line and do not adhere to the 20ft setback building codes require for Ag 20 parcels (as per Hawaii County Setback Requirements for Residential &Agricultural Districts.) 7) The proposed new leach field is directly next to a seasonal stream that drains into neighboring properties and the ocean. We find this to be unacceptable, environmentally negligent, and shows the lack of consideration for the island community so often attributed to off island owners. 8) The subject property already has an NUC and is run as a hosted vacation rental. We find that the requested Bed & Breakfast permit is redundant. Regarding the additional language of the application to "legitimize an existing campground," it is of our opinion that a campground is illegal per state and county codes and should be shut down immediately. We implore the Planning Commission to deny this special permit for the reasons detailed above. The subject property is a blight on the small farming community and, if approved,will legitimize a "campground" providing for unfettered expansion and further degradation of our limited resources. Thank you, Old Mamalahoa resident r .. �{n S �� 1'Q'U'e- 1+�.��5 !� Ul Lrrd est a..rfv� �� ►�t.�' `� Cdt��rh s'� r t o eo Q Gt.r, o he-� " lFe hr-ga - 2,b T f St HAMAKUA GUESTHOUSE ,yf. far•:�., .. ., .c' , BQQK NOWNOW rhe Hamakua r+ousc na runic prew+ouve mcxrd vl me wia[n . � ! end a liawa,i s hrea[Nafu ng I+arnakua coast.our xcv.modauore mckrde she Namakua �uesfncuse,s made up of Iwo ne�ynoprin6 vrvpernes.mer t a[!n�penaramic ooesn Wem.afiue lnr re[cnd pa•On-h. .� s[unnh g KWPehu rryar.The twa prpperue5 kelxa[ed across the etre![fry.fArn prher and all property erne A^M, a.M.Me m all guests. wwwm d S.—ft hu iecmw M so fol" Vee pnde our Ne on Iwo S an off in VW acmrnrmdation. (len;offs Xrid means du[w ge[our ele(p'Ifnty from the sun ena ort rarerfs[dleaen from Ile[talo wearenorw—ten Lathe nwd•s=pe pD ane- our spLe+Parrks[twyr a large bank of deep cycle pattenes daey n order for us to Marr! '1 poexr,ryum ch*clock Our reVon,the P.-fete Pratt to to 1 o"-Vld rix iscOM�S[Mily 45 ra 75 degrees 65 at right year-L.,d.Trac mex,s the ak rendNr r'n nor necessary. J Nome q KSRlakua Guesthouse EXPERIENCE THE REAL HAWAII No Road Noises or Power Lines,Just mature and Amazing Views Important: Regardless of where you decide to stay,we strongly recommend that plan to rent a car for your time on the Big island.We do not recommend that you rely on the Island's Hele-on public bus system as it only runs a few times per day. if you do take the bus you must get off at the Honomu stop and walk one mile to aur location(start at"Step 2"below).A traditional taxi from Hilo airport will cost about$65 each way even though we are only about 13 miles from the airport-You can save a little by using Uber or Lyft but getting a car is the best option by far. DIRECTIONS: :_ep Drive to Honomu,Hl[about I1,S miles North of Hila on Route 19 Hawaii Beh Road). When you are getting close you will see signs to tum for Honomu Road (Route 220)and for Akaka Falls. Fallow those signs into town. Step 2: At the top of the hill follow Honomu Road(Route 220)as it curves sharply to the left. Next.drive through the little historic town and continue going straight. Do not turn right to go the rest of the way up the hill towards Akaka Faits• When you reach the end of the town{after the Honomu Gym and churches)the road will narrow down to a one lane road,curve to the right,and wind through a ravine.After you come out of the ravine you will see a few houses.Do not stop and do not bother the nelghbon.You still have more than 112 mile to go.The road will be gravel for the last 200 yards so you will know when you are getting close.Just keep going! Step 3: Our place Is 29-1435 Ofd Mamalahoa Hwy,96783.We have a green placard with"HamaA kua House"and the address down by the road..H you booked a i S private room or a caFnairm cabana,turn right into our driveway. It is steep at first,but It levels out at the top.You will see the designated parking so rI r7� Please do not park on the grass. Please enter from the back porch as there is no public entrance on the front of the house. You will recelve a contact-less v� r� self check-In eall at 3 pm on the day of your arrival so please refer to that email to receive your room or cabana assignment. If you dont have the email m please check your SPAMljunk folder before calling. K you booked the Rhrer Famlly House or the RiverTIny Cabin,please continue further clown e gravel road,and after three gates you will see a gate,on the Ieft side of the road covered In bamboo next to the giant yellow bamboo stalks.You will receive a contact-less self check-in email at 3 pm on the day of your arrival so please refer to that emelt to unlock the gate and get In.If you don't have the email please dreck your SPAM4unk folder before calling. Now Please review the local map below which shows the last 2 miles of the journey.The public gravel road(last 200 yards)is easily passable in any vehicle (cars,vans,etc...)but you may have to go slow If"r vehicle has low clearance. Please note that GPS does not work very well here. Some people have had some luck with Google Maps,but navigation using an IPhon e(Apple Maps)will take you miles away to the wrong place. We recommend that you bring a copy of these directions with you. Honomu Hamakua Guesthouse -- and Camping Cabanas i ,e 0o V Sale:30%of When You Book a Minimum of Two Nights or More w..rrt.rr.r 614lf dr��ns�4 H� AI>drY�Irrnet LAND'` PLANNING 194 Wiwoole St. Hilo, HI 96720 (808) 333-3393 HAWAII LLC info@landplanninghawaii.com May 16, 2024 Mr. Jeffrey Darrow, Deputy Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Darrow: Subject: Response to Letter of Opposition Regarding Special Permit Application PL-SPP-2023-000052 Applicant: Mathew, Jane and Stephen Dietrich Agent: Land Planning Hawaii LLC Pepe`ekeo, South Hilo, Hawaii TMK: (3) 2-8-012:022 (Por) We are in receipt of a letter from a resident of Old Mamalahoa Highway opposing the subject application. We appreciate that resident's comments and hope to herein address the concerns presented in the letter. The subject property is agriculturally zoned and within the State land use agricultural district. The first concern raised in the letter pertains to permissible uses within the agricultural district and notes that overnight camping is not identified as a permitted use within the agricultural district. It is precisely for this reason that the landowners are requesting a special permit to allow the overnight camping accommodations. Per Section 25- 5-72(c)(16) of the Hawaii County Zoning Code, uses other than those specifically listed in the code, which meet the standards for a special permit under Chapter 205 of the Hawaii Revised Statues may be permitted within the agricultural district provided that a special permit is obtained for such use. Additionally, in recognizing that lands within the agricultural districts might not be best suited for agricultural activities and yet classified as such, and in recognition that certain types of uses might not be strictly agricultural in nature, yet reasonable in such districts, Hawaii Revised Statutes (HRS) Chapter 205-6 allows County Planning Commissions to permit certain unusual and reasonable uses within the Agricultural districts other than those for which the district is classified. As detailed in Section 4H of the background report submitted with the Special Permit application, the proposed project is consistent with HRS, Chapter 205 as it constitutes an unusual and reasonable use of the land, which would not be contrary to the objectives sought by Land Use Law and Regulations, which for the Agricultural District, seek to preserve or keep the land of high agricultural potential in agricultural usage. Lands in the Agricultural District include areas with a high capacity or potential for agricultural uses but also lands which are surrounded by or contiguous to agricultural lands and which are not suited to agricultural uses by reason of topography, soils, or other related characteristics. Planning Dept. Exhibit 9 The Land Study Bureau soil rating designates soils on the east and west portions of the property as very poor and designates a small central portion of the property as fair. Unlike its larger agricultural neighbors, the subject property is exceptionally narrow and has a steep elevation incline, making intensive agricultural productivity unviable. Thus, the Special Permit approval would allow the applicants to appropriately utilize the property by providing transient accommodations without displacing any active agriculture activities. Additionally, the proposed use will not hinder any future agricultural possibilities on the property since only minimal and low impact improvements are being proposed by the requested action. These improvements include a new 10'x12' bathhouse and a new Individual Wastewater System (IWS). The existing driveway and parking area are sufficient to accommodate guests and the existing camping shelters are small, raised off the ground and require minimal footings. Thus, approval of this special permit request will allow the applicants to utilize the property in a way that will not impact the agricultural potential of the land. Therefore, the proposed use would not adversely impact the agricultural land inventory in the County of Hawaii, would not adversely affect the preservation and agricultural use of the County's prime agricultural lands and would not be contrary to the objectives sought to be accomplished by State land use law and regulations. Thus, the project meets the standards for a special permit under HRS Chapter 205, and in accordance with County regulations and State law, the Planning Commission has the authority to issue a special permit to allow the requested use of the property as a bed and breakfast and overnight campground in the agricultural district. With regard to the resident's concerns over the proposed density, the applicants are proposing six (6) campsites which could accommodate a total of 13 guests and a bed & breakfast which could accommodate up to eight(8) guests, plus one (1) live-in manager. Thus, the request would allow the applicants to host a total of up to 21 guests, plus the live- in manager. As shown on the site plan attached with this application, such a density is comfortably achieved on only a fraction of this 2-acre property with the combined area of all special permit structures totaling approximately 2,500 square feet. These structures include the existing approximately 1,600 square foot dwelling to be used as the bed and breakfast and the six (6) existing 120 square foot camping cabanas and one (1)proposed 120 square foot bathhouse for the campground use. The total square footage all improvements on the property, both existing and proposed, is in keeping with the size of other residential developments in the area. Regarding traffic impacts, using the Institute of Transportation Engineers Common Trip Generation Rates, the requested action would create the potential for up to ten (10)peak hour vehicle trips from guests to the site when at maximum capacity. However, in general, these trips are anticipated to be distributed throughout the day and will not occur simultaneously. Moreover, the site will not consistently operate at full capacity. As a result, the projected traffic impacts on neighboring properties are not anticipated to be significant. Additionally, it is noted that the Dietrichs have actively maintained portions of Old Mamalahoa Highway out of pocket for several years. They intend to continue to maintain the road for the benefit of both their guests and the neighboring community. Additionally, the resident's opinion that issuance of the requested special permit will "promote expansion" or result in"unfettered expansion" of the applicants' business is ill advised. It is fully anticipated that issuance of a special permit would include conditions which would restrict the applicants to the uses precisely as they were approved. Any expansion of the special permit use would need to be approved by the planning commission either as a new special permit or as an amendment to an existing special permit. With regard to the bed and breakfast establishment being subordinate and clearly or customarily incidental to the principal use as a residence by its operator, the property will be the permanent residence of the operator of the bed and breakfast. Jane Dietrich is the operator and resides on the property in the proposed B&B and serves as the operator, contrary to the claims of the testifier. The operator will manage the bed and breakfast and maintain the property. To this end the bed and breakfast will be subordinate to the principal use of the property as the operator's residence. Further, the use will not alter or be detrimental to the character of the surrounding area. The caretaker will be on-site to ensure that all guests adhere to the good neighbor policy and keep noise to a minimum, especially during quiet hours from 9:00 PM to 8:00 AM. Furthermore, the accommodations are designed to be rustic and have a minimal impact on the area. Additional screening landscaping can be incorporated to buffer any potential concerns regarding noise or visual impacts to surrounding properties. The applicants will rent the bed and breakfast to no more than eight(8) guests as their request states. The resident's concern that the applicants will rent the bed and breakfast to more than 8 guests is speculative. The applicants will not rent or advertise to more than 8 guests in the bed and breakfast at a time. Furthermore, the special permit request clearly outlines two distinct uses on the property: a bed and breakfast and a campground. A bed and breakfast is defined as any single-family dwelling and/or guest houses which have been permitted on a building site, in which overnight accommodations and only breakfast meals are provided to a maximum of ten guests, for compensation, for periods of less than thirty days. The assertion that the campsites are part of the bed and breakfast establishment is incorrect as the term bed and breakfast only applies to a single-family dwelling and/or guest house, hence the request for a special permit to operate both a bed and breakfast and a campground. Further, the applicants do not intend to prepare breakfast meals on site for guests of the B&B (or campground guests), their practice has been to support local area businesses by providing breakfast vouchers. Regarding the nearby "River House". That property was previously advertised on the applicants' website however is not owned by the applicants or connected to the current application in any way. The resident expresses concern over the lot dimensions as represented on the site plan. The 75-foot wide boundary of the parcel which runs along Old Mamalahoa Road as identified on the site plan matches the metes and bounds description recorded with the applicants' deed. Regardless, all improvements, whether existing or proposed, will be properly permitted and adhere to all necessary setback requirements. The location of the individual wastewater system (IWS) on the site plan is conceptual. The final IWS will be designed by a licensed civil engineer and submitted for approval by the Department of Health prior to construction. The placement of the system will take into account all setback requirements and natural features. And finally, the applicants wish to have someone live permanently within the dwelling on the property in order to ensure that the overnight accommodations are properly managed and that all guests adhere to the good neighbor policy. For that reason, they wish to replace their existing short-term vacation rental nonconforming use certificate (STVR NUC), which is intended to be used only for unhosted short-term rentals, with the bed and breakfast special permit, which requires a live-in host and is subject to greater scrutiny and stricter conditions as may be set forth by the planning commission. Should the special permit for the bed and breakfast be approved, the applicants will withdraw their STVR NUC and there will be no redundancy. Unusual conditions, trends and needs have arisen since the district boundaries and regulations were established. The subject 2-acre parcel is located within the Agricultural district and is sited among several large agricultural parcels. However, given the size, soil quality, topography and narrow dimensions of the property, it is not nearly as well suited for intensive agricultural uses as its larger neighbors. As noted in the General Plan, in recent years many niche tourism markets, similar to the project being proposed, have established themselves throughout the island. In this case, although the subject property is designated for agricultural use by both State and County land use laws, it is ill-suited for agricultural use and through the issuance of a Special Permit various "non-agricultural" uses may be allowed. Thus, the applicants intend to create an alternative visitor experience by providing bed and breakfast and camping accommodations on the property. These niche accommodations are intended to present a minimal impact and promote the natural resources in the area while also contributing to the local economy. We trust that this letter sufficiently addresses the resident's concerns. If not, or if there are questions relating to this matter, please feel free to direct them to me. Thank you very much. Sincerely, John Pipan Planning Administrator