HomeMy WebLinkAboutPD BACKGROUND REPORT PL-SPP-2024-000065 BMarkleySPPAK.5.172024
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
JOHN MICAH MARKLEY AND MICKAYLA MARIE MARKLEY
SPECIAL PERMIT APPLICATION (PL-SPP-2024-000065)
JOHN MICAH AND MICKAYLA MARIE MARKLEY have submitted an application for a
Special Permit to establish a 1-bedroom bed and breakfast establishment within an existing
single-family dwelling on a 0.5-acre portion of an approximately 3.3-acre parcel of land in the
State Land Use Agricultural District. The subject property is located at 73-4615 Kohanaiki Road,
approximately 400 feet south of its intersection with Hamiha Street, Por. Kaloko, North Kona,
Hawaii, TMK: (3) 7-3-008:109.
APPLICANT'S REQUEST
1. Request: The applicants are requesting a Special Permit to allow a 1-bedroom bed and
breakfast operation within an existing 480-square foot farm dwelling, to provide
accommodations for no more than 2 guests at a time. The applicants reside in an existing,
1,049 square-foot, 2-bedroom farm dwelling on the subject property and will act as on-
site operators of the bed and breakfast. The applicants have obtained approval for an
Additional Farm Dwelling (AFD) and propose to change the designations of the existing
dwellings so that the applicants' residence will be classified as the AFD while the
primary farm dwelling will operate as the bed and breakfast. This is being done in order
to comply with State land use law, which requires additional farm dwellings to be utilized
by a family that receives income from the agricultural activity occurring on the property.
2. Objectives: The applicants' objective is to provide alternative accommodations for
visitors to the Big Island of Hawaii while being able to continue their farm operations.
According to the applicants, the bed and breakfast operation will provide an additional
stream of income which will aid the economic stability and success of their farm while
also bringing awareness to the importance of sustainability and supporting local
agriculture.
3. Employees: The applicants intend to serve as the on-site operators of the bed and
breakfast.
4. Parking: Off-street parking is available for the guests of the bed and breakfast operation
and for the residence. The applicant intends to provide a minimum of 1 gravel parking
stall to accommodate the proposed bed and breakfast operation.
5. Hours of Operation: The bed and breakfast will operate daily, with quiet hours from
9:00 PM to 8:00 AM.
6. Project Timetable and Cost: The applicant intends to begin the implementation of the
project immediately following the granting of the Special Permit.
7. Definition of"Bed and Breakfast Establishment": According to Section 25-1-5 of the
Zoning Code, a "bed and breakfast establishment" means any single-family dwellings
and/or guest houses (pursuant to section 25-4-9), which have been permitted on a
building site, in which overnight accommodations and only breakfast meals are provided
to a maximum of ten guests, for compensation, for periods of less than thirty days.
8. Landowner: John Micah Markley and Mickayla Marie Markley.
9. Supportive Information: A Special Permit is required to operate a bed and breakfast
establishment in the State Land Use Agricultural District. The applicant submitted the
attached in support of the request for a Special Permit: (Planning Department Exhibit 1
- Special Permit Application February 3,2024)
BACKGROUND INFORMATION
10. Building Permits: According to records on file with the Building Division, the following
building permits have been issued for the property:
• July 20, 2022: Issuance of building permit PW.B2022-003384 for a detached 2-
level garage/detached bedroom structure. This permit is currently open.
• June 24, 2019: Issuance of building permit no. BK2019-01478 for the
construction of a I-bedroom/I-bathroom 480-square foot additional farm
dwelling. Finalized on June 18, 2020.
• September 06, 2017: Issuance of building permit no. BK2017-01339 for the
construction of a 2-bedroom/2-bathroom dwelling. Finalized on May 1, 2018.
11. Additional Farm Dwelling (AFD) Agreement (FDA-18-000449): An AFD was issued
for the subject property on October 2, 2018 and recorded on November 7, 2018.
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DESCRIPTION OF STATE AND COUNTY PLANS
12. State Land Use District: Agricultural.
13. County Zoning: Agricultural-3 acre (A-3a).
14. General Plan LUPAG MAP: The General Plan LUPAG map classifies the subject
property as Low Density Urban (ldu) which refers to residential, with ancillary
community and public uses, and neighborhood and convenience-type commercial uses;
overall residential density may be up to six units per acre.
15. Kona CDP: The Kona CDP, originally adopted by the Hawaii County Council on
September 25, 2008, and most recently amended on September 18, 2019, identifies the
preferred land use pattern for the Kona districts. The subject property is within the Kona
Urban Area and is not situated within any Rural Town Centers.
16. Special Management Area (SMA): The Special Management Area is a part of the
Coastal Zone Management Program and regulated by the County. The property is not
located within the Special Management Area and does not front the shoreline.
DESCRIPTION OF PROPERTY AND SURROUNDING AREAS
17. Subject Property: The subject, 3.3-acre property is improved with a 1,049 square-
foot, 2-bedroom primary farm dwelling, a 480 square-foot 1-bedroom additional farm
dwelling (AFD), and one agricultural storage shed. Additional existing structures include
a chicken coop and a cedar, wood fired, Japanese soaking tub. While there are two
completed building permits for the primary farm dwelling (BK2017-01339) and for the
AFD (BK2019-01478), there is an open building permit (PW.B2022-003384) for the
detached 2-level garage/ detached bedroom structure. The applicants state that
agricultural uses on the property consists of an avocado farm with six different varieties
and biointensive regenerative agricultural activities.
18. Surrounding Zoning/Land Uses: Properties surrounding the subject parcel are zoned A-
3a and A-la and consist of agricultural uses. The subject property is bordered by
dwellings toward the north, east and the west, the closest dwelling is approximately 208
feet from the proposed bed and breakfast structure to the southwest of the subject
property. TMKs 7-3-008:070,122 and 123, approximately 398 feet northeast of the
subject property, were approved by Special Permit No. 00-028, to establish a 5-bedroom
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guest ranch in an existing farm operation.
19. Land Study Bureau's Detailed Land Classification System: Soil within the property
is classified as "C" or"Fair" and "D" or"Poor".
20. Soil Survey: The soil is Puuikaaka— Lava flows complex with 10 to 20 percent slopes
and consists of ash fields over pahoehoe lava flows. The soil is well drained, and the
runoff class is high.
21. Agricultural Lands of Importance to the State of Hawaii (ALISH): The subject parcel
is listed as "Other Lands" per ALISH.
22. Flood Zone: The property is situated within an area designated as Zone X on the Flood
Insurance Rate Map (FIRM) by FEMA, an area of minimal flood hazard located outside
the 500-year flood plain.
23. Flora/Fauna Resources: No professional floral or faunal survey was conducted of the
property because the property has been developed for residential and agricultural use for
several years. According to the applicant, while they believe that rare or endangered
floral or faunal resources are unlikely to be found within the subject site, it is possible
that the Hawaiian Hawk and Hawaiian owl may use the area. The endemic Hawaiian
hoary bat may also utilize the site as they are far ranging and utilize diverse habitats
across the island. According to the applicant the vegetation on the site includes guinea
grass, trumpet tree, cook pine, sugar cane, golden pothos, ginger, koa, podocarpus,
soursop, cacao, starfruit, lilikoi, royal poinciana,jacaranda, hibiscus,hao, Hawaiian black
velvet pearl, and six (6)different varieties of avocados.
24. Historic and Cultural Resources: No professional archaeological and cultural study
was conducted of the property. According to the applicant, no archeological or historical
features are known to exist on the subject property. There are no known traditional or
customary Native Hawaiian cultural rights being practiced within the subject property or
any known cultural or historic resources existing on the property. The applicant reports
that they believe it is unlikely to find any significant archeological features on the site as
it has previously been developed for residential and agricultural uses.
25. Public Access: There is no public access to the shoreline or mountains that run through
the property.
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PUBLIC UTILITIES AND SERVICES
26. Access: The applicant stated that there are two (2) separate driveways on the property.
The guests will access the bed and breakfast accommodation via Kohanaiki road and
utilize an existing gravel driveway to cross the property and reach the guest parking
stalls. The subject parcel abuts the east side of Kohanaiki Road, which has an average
width of approximately 30-feet and which, according to the Department of Public Works,
is designated as a "Road in Limbo". Although the public has a right of access through
this right-of-way, it is not being maintained by any government entity.
27. Traffic: Bed and breakfast operations are limited by the Zoning Code to a maximum of
ten (10) guests, as such the applicant is proposing to rent out 1 bedroom, which will
operate below the ten (10) guest limit and is not expected to impact traffic any more than
1 occupied bedroom of a dwelling. The applicant has proposed to schedule guest check-in
and check-out between the hours of LOAM-3PM, 7 days a week. According to the
applicant the proposed development will not represent a significant increase in traffic.
28. Water: The applicant reported that the subject property is currently serviced and
connected to county water. However, at the time the AFD was approved, the Department
of Water Supply (DWS) stated that an additional water service for the AFD was not
available. A condition of the AFD approval suggested that the applicant use a catchment
system to supply water to the AFD. DWS recently commented that an existing 5/8-inch
meter services this property and is adequate for only one (1) dwelling unit at an average
of 400 gallons per day. According to DWS the property is limited to one water meter and
all dwellings shall not share the existing meter, and the water system plumbing between
any dwellings shall not be interconnected in any way.
29. Wastewater System: According to the Department of Environmental Management, the
subject property is not served by the existing county sewer system; thus, the applicant
shall follow Department of Health (DOH) regulations for wastewater. The proposed bed
and breakfast structure is serviced by an individual septic system as approved by the
DOH.
30. Solid Waste: There are no municipal waste collection services in the County. All solid
waste generated by the development will require private disposal at an approved transfer
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station or landfill.
31. Food Service Operations: By definition, bed and breakfast establishments may only
provide breakfast meals to guests. The Department of Health (DOH) has noted that a
food establishment permit will be required if meals are to include "potentially hazardous
food" or if the number of guests exceeds 6. If the bed and breakfast will only offer
commercial cereal, pastries, breads, fruits, coffee, tea, and juice, then a food
establishment permit is not required. However, the limited menu must be documented
with DOH and the applicants must comply with other DOH requirements.
32. Essential Services and Utilities: Electrical and water services are already available to
the property. The nearest fire and police stations are located in Kailua-Kona which is
approximately 3 miles from the subject property.
AGENCIES' COMMENTS
33. Department of Health: (Planning Department Exhibit 2—March 28,2024,Memo)
34. Department of Public Works—Engineering Division: (Planning Department Exhibit
3—April 12,2024,Memo)
35. Department of Environmental Management— Solid Waste and Wastewater
Divisions (Planning Department Exhibit 4—April 3, 2024, Memo)
36. Department of Finance — Real Property Tax (Planning Department Exhibit 5 —
March 27,2024,Letter)
37. Department of Water Supply (Planning Department Exhibit 6-May 22, 2024)
38. Department of Water Supply (Planning Department Exhibit 7—September 6,2018)
39. Planning Department(Planning Department Exhibit 8—October 2,2018)
AGENCIES AND ORGANIZATIONS—NO COMMENT/CONCERNS
40. State Office of Planning and Sustainable Development, Police Department.
AGENCIES AND ORGANIZATIONS—NO RESPONSE
41. Fire Department, State Land Use Commission, State Department of Agriculture, State
Department of Land and Natural Resources, Department of Public Works — Building
Division.
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PUBLIC COMMENTS
42. As of the date of this writing, the Planning Department has not received any comments
from the general public or adjacent landowners.
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SPECIAL PERMIT APPLICATION
COUNTY OF HAWAPI
PLANNING COMMISSION
(Type or legibly print the requested information)
APPLICANT(S): Jo 4 rt A i*, XP,*!
APPLICANT'S SIGNATURE: DATE: 2/3 /Z y
ADDRESS: 73 - V05- IAC _ K 7 G
LIST APPLICANT'S INTEREST (if not owner): i4
PHONE: (Bus.) (Res.) r6l- Y3o -o t t 3 (Email) Zft ar k l eV 414...5 LALW
J..r+i'c..k.A+wn/clE�9,MrtJ/.c•* ..Cam
REQUEST: We wov14 L-ke to 6r Aw.,rj AL 1,4 «J 6, ...k�tirt
0 .
TAX MAP KEY: 3"7 "3 1 ZONING: — 3 A
SIZE OF PROPERTY/AREA OF REQUESTED USE: 3 JA r re t
LANDOWNER(S): ja4.. 44,'c t4 arlC .,,g Jw_
FEE SIMPLE LANDOWNER(S) WRITTEN AUTHORIZATION
(may be provided by lettcrA,ith the below wteincrit included):
DATE: 21312.
CLk DATE:
he above written authorization of the landowner(s gives permission for the applicant/petitioner to fil application/
petition an wledges that the landowner(s)and their successors are bound by the Special Permit is conditions.
AGENT:
AGENT ADDRESS:
PHONE: (Bus.) (Res.) ail)
Please indicate to Ti original correspondence and copies should be sen .
ORIGINA COPIES:
Planning Dept.
Exhibit 1
COUNTY BACKGROUND & ENVIRONMENTAL REPORT COUNTY SPECIAL
PERMIT REQUEST
John M Markley and Mickayla M Markley- Kailua Kona, Hawai'i TMK: (3) 7-3-8: 109
1
Table of Contents
I.
INTRODUCTION.......................................................................................................................... 4
IL PROJECT DESCRIPTION
............................................................................................................ 6
3A. Project Concept and Components ...............................................................6
3B. Subject Property Description........................................................................6
3C. Institutional Considerations ........................................................................18
StateLand Use ...................................................................................................................... 18
Special Management Area .................................................................................................... 18
County Zoning and General Plan.......................................................................................... 18
General Plan Discussion ....................................................................................................... 20
Kona Community Development Plan ............................................................................ 20
3D. Surrounding Zoning and Land Uses...........................................................21
3E. Flood Insurance Rate Map .........................................................................21
3F. Archaeological Resources .........................................................................22
3G. Valued Cultural Resources ........................................................................22
3H. Flora and Fauna Resources.......................................................................22
3I. Public Access.............................................................................................23
3J. Description of Access.................................................................................23
3K. Traffic Impacts............................................................................................23
3L. Availability of Utilities..................................................................................23
REGULATORYANALYSIS.........................................................................................................
23
4A. Coastal Zone Management........................................................................23
3B. Impacts to Surrounding Properties.............................................................24
4C. Impacts to Public Agencies ........................................................................24
4D. Unusual Conditions ....................................................................................24
4E. Land Suitability for Permitted Use ..............................................................25
4F. Land Character and Present Use...............................................................25
4G. Relationship to General Plan......................................................................25
4H. Unusual and Reasonable Use....................................................................25
2
Figures
Figure 1 —Location Map
Figure 2— Site Plan
Figure 3 —Elevations and Floor Plans
Figure 3a— Guest Cottage
Figure 3b—2br Existing Home
Figure 3c— I Bed Detached
Figure 4—Zoning Map
Figure 5 — State Land Use Map
Figure 6—Flood Hazard Map
Figure 7—Land study Bureau map
Figure 8 —ALISH map
Figure 9—LUPAG Map
3
I. INTRODUCTION
Our reason for seeking this permit is to allow us the ability to bring in income through
responsible hosting that will allow us to continue to operate our farm to its highest potential for
the benefit of our family, our community and our Aina. Our hope would be that letting others
into our world would serve to educate them on the need for more organic farming and
importance of sustainable agriculture in our communities.
Hosting responsibly is something we take very seriously and have no desire to push our land or
its resources to their limits. To this end, we would not host more than one group at a time on the
property. One "group" shall be defined as no more than 2 adults at a time to ensure that there is
minimal use on the private wastewater systems, water, and electrical resources at any given time.
Additionally, there are two legal driveways for access to the property with ample parking. Our
two homes on property are at min 200' from any neighboring properties living structures leaving
more than enough room for the guests and our neighbors' quiet enjoyment of their own spaces.
This is exceedingly important for us as well as we do live on property managing the farm full
time and value our own privacy greatly. We will not entertain stays that are less than 4 nights as
my wife and I will be the sole "employees" of the B&B handling check in, check out, and
cleaning ourselves. Our guests would be able to contact us at any time and we will make
ourselves available to them, however, our check in and check out times would be between the
hours of 10am-3pm 7 days a week. We would offer a free breakfast of fresh, organic avocados,
and eggs from the farm.
Our property is located at 73-4615 Kohanaiki Rd, Kailua Kona, HI 96740 (FIGURE 1). TMK
3-7-3-8-109. It is a gently sloping 3.3 Acre Avocado farm sitting at around 1250' elevation. For
living structures, we have built a 2 bedroom farm dwelling that we are currently adding onto
(detached bedroom over a 2 car garage in construction), an additional farm dwelling (I bed, I
bath), and one agricultural storage shed(18'X30)'. Two other structures on the property you
may see on a google map image search are the chicken coop and a cedar, wood fired, Japanese
soaking tub.
4
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Figure 1: (Location Map)
II. PROJECT DESCRIPTION
3A. Project Concept and Components
The applicants respectfully request a Special Permit to operate a bed&breakfast on a
portion of the subject 3.3 -acre agriculturally zoned property. The bed and breakfast
will consist of a 1 bedroom 1 bathroom guest house. The applicants also
propose to swap the current designation of the existing primary and additional farm
dwellings so that the structures currently designated as the additional farm dwelling
become the primary farm dwelling and serve as the bed and breakfast(Figure 2).
The applicants propose the following elements as part of the Special Permit:
1. An existing 480 square foot guest house be designated as the primary farm dwelling to be
operated as a 1-bedroom bed and breakfast for up to 2 guests (floor plans and elevations
attached as Figure 3a).
2. The existing permitted 2 bedroom farm dwelling on the northern side of the property and
the 1 detached bedroom currently under construction will be designated as the additional
fann dwelling and will be used as the primary residence of the landowners. The
landowners will serve as the on-site operators of the bed and breakfast.
3. Wastewater will be handled via the existing permitted Individual Wastewater Systems
with sufficient capacity to support the project.
4. Parking: 1 (one) designated on-site gravel parking spaces are available to guests of the
bed and breakfast.
5. Water: The property is serviced by county water and is sufficient for both residential and
emergency use.
6. Access: Access will be via Kohanaiki Road, a County owned and maintained roadway.
Guests will utilize an existing gravel driveway to cross the property and reach the guest
parking stalls.
7. Agricultural uses with thick vegetation will mitigate potential noise and visual impacts to
surrounding properties.
3B. Subject Property Description
The subject site, identified as TMK(3) 7-3-8-109, consists of 3.3 acres zoned A- 3a. The parcel
is located at 73-4615 Kohanaiki Rd, Kailua Kona HI 96740, approximately .1 miles north of its
intersection with Hamiha St and the lower section of Kohanaiki Rd. Access to the property is on
paved county roads. (Figure 1).
This area of N. Kona is in Lava zone 4 with zones ranging from 1-9 (1 being the most
dangerous)
The site is located approximately 3 miles from the coastline and is not in a Conservation District
or Special Management Area.
The Land Use Pattern Allocation Guide (LUPAG) designates this land as "low density urban"
(Figure 9) and the Land Study Bureau classifies the soils for this property as roughly half"C"
(acceptable) and half"D" (poor) (Figure 7). Under the Agricultural Lands of Importance
to the State of Hawaii (ALISH) classification system, the subject site is considered"Other
Important Agricultural Land" (Figure 8). The U.S.
6
Department of Agricultural Natural Resource Conservation Service (MRCS) has
designated the soil type for the property an andisol. This soil type is formed by ash fields on lava
flows. Volcanic Andisols have a high porosity and a wide range of pore size distributions. This
relates primarily to structural assemblages of the poorly crystalline and noncrystalline secondary
minerals into stable (sand- and silt-sized) aggregates. It is considered well drained with a
medium runoff class.
We have established a significant amount of biointensive regenerative
agricultural activities on the property and have worked hard to promote a healthy ground cover
that will reduce erosion. The property is home to 6 different varieties of avocados all planted in
rows and labeled. We attempt to keep the trees well trimmed and fertilized with an organic neem
cake to battle the avocado lace bug pest that is currently ravaging our trees. We have received an
NRCS grant to continue to support the soil building and retention effort on the property by
committing to mulching the lower section of the property and continuing to care for the
groundcover already growing.
My wife and are the only two living on the property, but are expecting our first child late April, a
girl. With the baby on the way, I'm building a garage with a detached bedroom above so that our
mothers can come from out of state and comfortably assist with the care of the infant during the
first few months. Our goal for that detached bedroom long term is to continue to use it as a flex
space for friends and family to visit.
Regarding the lbr AFD and as mentioned above, we request to redesignate it as the primary farm
dwelling and use it as a bed and breakfast under this permit.
It is set up ideally for this use. It enjoys a separate entrance, and it is very private and separated
from our residence. It enjoys its own wastewater system and has its own electric meter. The
agricultural shed that also acts to shield this AFD from our home is a storage space for my
building tools, farm equipment, avocado harvesting, and storage supplies.
The guest will have access to the area just around their structure and by the chickens which
amounts to about .5 acres of space. We would want them to feel like they can walk the grounds,
pick the produce of the trees etc.
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11
Zoning Map
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12
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•�'= Flood Hazard Assessment Report
• www.hawaiinfip.org SPECIAL FLOOD HAZARD AREAS(5FHA5)SUBJECT TO INUNDATION BY
rF t THE 1%ANNUAL CHANCE FLOOD -The 1%annual chance flood(100-
1 year),also know as the base flood,is the flood that has a 1%chance of
r�a�Sx, being equaled or exceeded in any given year.SFHAs include Zone A,AE,
AH,A0,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.
I TMK NO: (3)7-3-008:309 ® Zone AE:BFE determined.
S WATERSHED: HONOKOHAU
7 Zone AH:Flood depths of 1 to 3 feet(LSaally areas of ponding);
KAILUA KONA,
PARCEL ADDRESS: 73-4615 IRD BFE determined.
NA,
HH1 I 9 96740
1 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 Rood zone with velocity hazard(wave action),
s LETTER OF MAP CHANGE(5): NONE no BFE determined.
FEMA FIRM PANEL 155166073OF Zone VE:Coastal flood zone with velocity hazard(wave action);
BFE determined.
PANEL EFFECTIVE DATE: SEPTEMBER 29,2017
Zone AEF:Headway areas in Zone AE.The floodway is the
channel of stream plus any adjacent floodplain areas that must
i be kept free of encroachment so that the 1%annual chance
flood can be carried without increasing the BFE.
I NON-SPECIAL FLOOD HAZARD AREA-An area in a low-tonsoderate risk
THIS PROPERTY 15 WITHIN A TSUNAMI EVACUTION ZONE. NO flood zone.No mandatory Flood insurance purchase requirements apply.
FOR MORE INFO,VISIT:http//www.scd.hawan gov/ but coverage Is available in participating communities.
THIS PROPERTY 15 WITHIN A CAM EVACUATION ZONE. NO Zone XS(X shaded):Areas of 0.2%annual chance flood:areas of s
FOR MORE INFO,VISIT:http//dlnreng,hawailgov/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.
0 600 1,200 ft Zone X.Areas determmed to be outside the 0,2%annual chance
Roodplam
Disclaimer:The Hawaii Deportment of Land and Natural Resources(OLNR)assurnel no responsibility arising frons OTHER FLOOD AREAS
the use,accuracy,completeness,end timeliness of any Information contained in this report.Viewers/Users me
responsible Jor veriJy/ng the ouuracy o/the Information and agree to Indemnify the DLNR,Its officers,and employ
ees Jromonyhabllitywh/chmayar/se nom Its useofits date or information. Zone D Unstudied areas where flood hazards are undeter.
mined,but flooding is possible.No mandatory flood Insurance
IJ this mop hos been idennJled as'PRELIMINARY',please note that It Is being provided/or I.cninobaml purposes purchase apply,but coverage is available in participating commu-
and is not to be used for flood Insurance rating.Contact your county floodplain mirage,for aad one detinin a nines.
Pons to be used for compliance with local floodplorn management regulations.
Figure 6: Flood Hazard Map
14
15
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17
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18
3C. Institutional Considerations
State Land Use
The subject site is designated State Land Use Agricultural(Figure 5), and the Special Permit
area consists of an approximately .5-acre portion of the parcel. As such, no State Land Use
Commission action is required. The County of Hawaii can process the Special Permit request.
As mentioned above,based on the Land Study Bureau Overall Master Productivity Rating, the
subject property is classified as roughly half"D" (poor) and half"C" (acceptable) (Figure 7).
Granting of this request would promote the effectiveness and objectives of Chapter 205, Hawaii
Revised Statutes, as amended. In the case of the Agricultural District, the State Land Use Law is
intended to preserve or keep lands of high agricultural potential in agricultural use. However, in
recognizing that lands within agricultural districts might not all be best suited for agricultural
activities and yet classified as such, and in recognition that certain types of uses might not be
strictly agricultural in nature, yet reasonable in such districts, Hawaii Revised Statutes §205-6
allows County Planning Commissions to permit certain unusual and reasonable uses within the
Agricultural and Rural districts other than those for which the district is classified. In this case,
the requested use will be located within an existing dwelling and will be subordinate and
incidental to the principal use of the property as the applicants' residence and farm. The majority
of the remaining property will continue to be used for agricultural activities and thus the use will
not displace existing agricultural activity or diminish the agricultural potential of the property.
On the contrary, it will enhance our ability to care for it! Therefore, the use will not adversely
affect the preservation and agricultural use of the property and is not contrary to the objectives
sought to be accomplished by the State Land Use Law and Regulations.
Special Management Area
The subject property is approximately 3 miles inland from the coast and is outside of the
designated Special Management Area.
County Zoning and General Plan
The subject property is zoned A-3a (Figure 5). The County General Plan Land Use Pattern
Allocation Guide (LUPAG)map designates the parcel as Other important agricultural land
(Figure 9). Relative to this designation, the General Plan allows consideration for a"Special
Permit" on agricultural land where the requested use meets certain criteria as outlined in Section
4 of the permit application and Chapter 205 of the Hawaii Revised Statues as amended.
General Plan Discussion
The Hawaii County General Plan serves as a guide for decision-makers in land use matters. The
proposed project is conducive to the General Plan's guidelines as it conforms to the following
goals,policies, and standards of the General Plan:
19
Economic Elements:
2.2 Goals
1. (a) Provide residents with opportunities to improve their quality of life through
economic development that enhances the County's natural and social environments.
2. (b) Economic development and improvement shall be in balance with the physical,
social, and cultural environments of the island of Hawai`i.
3. (c) Strive for diversity and stability in the economic system.
4. (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.
5. (e) Strive for an economic climate that provides its residents an opportunity for
choice of occupation.
6. (� Strive for diversification of the economy by strengthening existing industries
and attracting new endeavors.
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.
(� Support all levels of education, employment and training opportunities and Institutions
Environmental Elements:
4.2 Goals
(a)Define the most desirable use of land within the County that achieves an ecological balance
providing residents and visitors the quality of life and an environment in which the natural
resources of the island are viable and sustainable.
Land Use Elements:
14.1.2 Goals
(a)Designate and allocate land uses in appropriate proportions and mix and in keeping with the
social, cultural, and physical environments of the County.
14.1.3 Policies
20
0 Encourage the development and maintenance of communities meeting the needs of its
residents in balance with the physical and social environment.
14.2.3 Policies
(u) Encourage other compatible economic uses that complement existing agricultural and
pastoral activities.
Discussion: Approval of the requested Special Permit would be in line with the aforementioned
economic, environmental and land use goals and policies of the General Plan by providing an
opportunity for the applicants to offset the costs of their farm by generating supplemental income
through the operation of a bed and breakfast on the property.
My wife and I seek this permit so that we may continue to financially support the cultivation of
organic crops on our land and while also sharing our passion for sustainable farming with
visitors and local alike. Over the last few years, we have been hit very hard on our farm by a
pest called the Avocado Lace Bug. This pest has reduced our crop yield to nearly 30% of
average annual yield. Besides the fact that it's extremely hard for a small-scale organic farm to
turn a profit, the emergence of this pest has made it impossible. This permit would allow us to
continue to operate without so much of a financial burden.
General Development Plan
The subject property is located within the Kohanaiki ahupuaa and part of the district of North
Kona outlined in the Kona Community Development Plan (KCDP). The KCDP attempts to
further define the General Plan and serve as a guide for decision-makers. Here are a few of the
main objectives we feel we are congruent with:
"Protect Kona's natural resources and culture"—Through the extra income this will provide we
will continue to be able to provide our community with fresh fruit, a resource that Hawaii is
known and coveted for. Farming is also an important part of the culture that we will be
promoting and educating visitors on when they visit the farm.
"Encourage a diverse and vibrant economy emphasizing agriculture and sustainable
economies"—This is exactly what we aim to do. This B&B will allow us to continue to
contribute our local produce to our economy making the local economy more vibrant and
sustainable.
Here's more from the General Plan that we feel we are in line with:
Hawai`i Island is an exemplary leader with healthy and resilient communities that are built by
sustainable development, a thriving and diversified local economy, and collaborative
environmental stewardship. "
This quote from the most recent draft of the General plan could not be more congruent with our
goals for this bed and breakfast permit. We hope to exemplify sustainability in all things. In the
21
way we farm and the way we host. This permit, among other things, will allow us to continue
add diversity to our local economy by providing local avocados in stores and restaurants and also
encourage environmental stewardship through example both locally and globally.
On page 62, Objective 10 of the General plan there are a few policies with which we feel
particularly aligned.
Policy - 10.2 Special permit applications within Productive Agriculture designated land should
support primary agriculture use. "
We want to continue to primarily farm this property, but we will be financially unable to devote a
full-time effort without the financial assistance this permit will afford us.
Policy - 10.5 Support the development of small-scale visitor accommodations that directly
promote the agriculture industry, health and wellness industry, or are near points of interest.
This is exactly what we are trying to do! Use small scall visitor accommodation to directly
support the agriculture efforts on our farm.
Discussion: Our biointensive regenerative approach to farming seeks to restore the agricultural
viability and productivity of the property by improving the overall soil quality for sustainable,
long-term production and to restore the watershed. The Special Permit area, which consists of an
approximately 0.5-acre portion of the property will not impair the ongoing agricultural activities.
Rather, the applicants intend for the bed and breakfast accommodations to complement the
agricultural activities by providing the applicants with an additional stream of income which will
aid in the overall economic stability and success of their farm while also bringing awareness to
the importance of sustainability and supporting local agriculture. Furthermore, approval of the
Special Permit request will allow the applicants an entrepreneurial opportunity to diversify their
income streams.
3D. Surrounding Zoning and Land Uses
The subject parcel and surrounding area are zoned Agricultural A-3a and A-1 a (Figure 5).
Parcels in the area range in size from approximately 1 to 5 acres. The area contains a mixture of
residential and agricultural uses.
The subject special permit request would remain in keeping with the surrounding residential and
agricultural uses and would only allow overnight accommodations for up to 2 individuals. The
impacts from such a small number of guests would be minimal. Additionally, farm and forest
vegetation will serve to buffer views from nearby properties.
3E. Flood Insurance Rate Map
The Federal Emergency Management Agency's Flood Insurance Rate Map (FIRM) designates
the subject property to be in Flood Zone X (areas outside of the 500-year flood) (Figure 6).
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3F. Archaeological Resources
It is unlikely any archaeological or historic resources will be encountered on the property. The
area of the Special Permit request has been previously cleared for the construction of the AFD in
2019. Furthermore, no new ground disturbances are proposed. Nevertheless, in the event any
inadvertent discoveries are made during any land disturbance activity relating to this project,
work will cease, and the applicant will immediately notify the Planning Department and the State
Department of Land and Natural Resources and secure their clearances before proceeding
further.
3G. Valued Cultural Resources
In view of Hawaii State Supreme Court's "PASH" and "Ka Pa`akai O Ka Aina" decisions, the
issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically,
there must be a discussion of the cultural, historical and natural resources and associated
traditional and customary practices of this site.
The requested action involves utilizing an approximately 0.5-acre already developed portion of
the property as a bed and breakfast. No archeological, historical or cultural resources are known
to be located on the property. It is not known whether the subject site or immediate surrounding
area was ever used for traditional and customary rights by native Hawaiians. Since the site has
been used extensively for residential and agricultural purposes for the last several years, it would
appear unlikely that the site would serve such a purpose today and/or in the recent past.
As no new land clearing is proposed by the Special Permit request, the proposed use makes the
discovery of new resources unlikely. However, in the event any archeological resources were to
be found on the property, all uses of the land would cease, and the Department of Land and
Natural Resources State Historic Preservation Division would be contacted immediately.
Based on the above, it does not appear that the project would have any potential adverse impact
relating to the cultural and historical resources of the area.
3H. Flora and Fauna Resources
Although there was no professional survey of the floral and faunal resources of the site, the
parcel has been developed for residential and agricultural use for several years. As such, the
applicant does not believe that any rare or endangered floral or faunal resources are likely to be
found on the site. Thus, it is unlikely that this project would cause any adverse faunal impacts.
Introduced bird species such as dove, house finch and myna are common in the area. Domestic
animals such as cats, dogs, goats, chickens and other animals such as rats and feral pigs are also
common and are not considered endangered. It is possible that the Hawaiian Hawk(Buteo
solitarius) and Hawaiian owl(Alio flammeus sandwichensis) may use the area. The endemic
Hawaiian hoary bat(Lasiurus cinereus semotus) also may utilize the site as they are far ranging
and utilize diverse habitats across the island. However, there is no new construction proposed,
thus,potential impacts to native birds and the Hawaiian hoary bat should be minimal.
23
21
In addition to the farmed vegetable and fruit crops planted on the property, vegetation on the site
includes: guinea grass (Urochloa maxima), trumpet tree (Cecropia obtusifolia), cook pine
(Araucania columnaris), sugar cane (Saccharum), golden pothos (Epipremnum pinnatum), ginger
(Hedychium gardnerianum), koa(Acacia koa), Podacarpus, Soursop, Cacao, Starfruit, Lilikoi,
Royal Poinciana, Jacaranda, Hibiscus, Hao, Hawaiian Black Velvet Pearl. Again, as the
requested use proposes no new land clearing, the project does not anticipate an impact to floral
resources.
3I. Public Access
The subject parcel is located approximately 3 miles from the shoreline. As such, no public
shoreline access will be affected by this request.
3J. Description of Access
The parcel is located on the East side of Kohanaiki Road, a County owned and maintained paved
roadway, approximately .I miles from the intersection with Hamiha St. Upon entering the
property, guests will access the bed and breakfast accommodations via a gravel driveway
through the middle of the property. Gravel parking areas on the property can accommodate up to
one car.
3K. Traffic Impacts
Traffic in the area is generally low. Properties in the surrounding area are zoned A-la-A-20a
and primarily range in size from approximately 1 to 10 acres. Traffic in the area consists mainly
of landowners and their guests. There is no new construction necessary so there will be no
vehicular trips related to construction activities for the Special Permit. I am also a builder myself
so any fixes or updates needed will not require additional vehicle access.
Traffic generated from the bed and breakfast would be limited to registered guests (with a 2
guest maximum) and would remain consistent with the current residential and agricultural levels.
Thus, the proposed use will not represent a significant increase in traffic.
III.
3L. Availability of Utilities
HELCO power is available and connected to the site. Water is provided by the county and
connected to the site. The property contains two permitted individual wastewater systems with
sufficient capacity for the proposed uses.
REGULATORY ANALYSIS
4A. Coastal Zone Management
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The proposed use is not contrary to Chapter 205A, Coastal Zone Management as the subject
parcel is approximately 3 miles from the shoreline. There are no public access, scenic or open
space resources on the subject site.
313. Impacts to Surrounding Properties
The proposal to operate a bed and breakfast within an existing dwelling on the subject property
will not have a significant adverse impact to the surrounding properties. The subject property is
surrounded by larger agricultural lots and so there are few homes proximate to the proposed
Special Permit Area. Furthermore, the subject property hosts over 150 Avocado trees and a
hedge around the property of Christmas berry and guinea grass. Thus,potential impacts to
adjacent properties from the proposed use will be mitigated by screening vegetation and distance
from other residences.
With only two guests allowed per night there will be virtually no traffic difference We will be
on-site to address any guest needs as well as to ensure that guests adhere to the "Good Neighbor
Policy" as outlined in the Hawaii County Zoning Code by requiring quiet hours from 9:00pm to
8:00am and that guest vehicles are parked in the designated on-site parking areas.
4C. Impacts to Public Agencies
The proposed project will not unreasonably burden public agencies to provide roads and streets,
sewers, water, drainage, school improvements, and police and fire protection. The subject site is
accessible via Kohanaiki Road and no additional utilities will need to be provided by public
agencies. The applicant assumes the responsibility to provide water to the property for potable
use and fire suppression.
4D. Unusual Conditions
In recognizing that lands within agricultural districts might not be best suited for agricultural
activities and yet classified as such, and in recognition that certain types of uses might not be
strictly agricultural in nature, yet reasonable in such districts, Hawaii Revised Statutes §205-6
allows County Planning Commissions to permit certain unusual and reasonable uses within the
Agricultural and Rural districts other than those for which the district is classified.
Approval of the applicants' request to utilize a small portion of the property to operate a bed and
breakfast will allow the applicants to utilize existing improvements on the property to offset the
costs of the farm by supplementing their agricultural income with the unusual, yet reasonable,
proposed bed and breakfast accommodations.
As mentioned above, with the arrival of the Avocado Lace Bug our production has decreased
dramatically. Some years we've seen up to 90% loss. With the income we'd make from this
B&B we'd be able to offer more care to trees and maintain the land in it's highest and best
agricultural use. Thus this permit for us would be in keeping with the intent of the agricultural
25
district. Therefore, it is reasonable that the applicants be permitted to pursue this unusual use in
the Agricultural district.
4E. Land Suitability for Permitted Use
As mentioned above, according to the Land Study Bureau Overall Master Productivity Rating,
the subject property is classified as roughly half"D" (poor) and half"C" (acceptable), on the
lower end of the productivity classes. Although the land on which the proposed project is located
is not well suited for agricultural uses, through biointensive regenerative practices, the applicants
have successfully established several agricultural uses on the property. However, establishing
and maintaining the farm has required a significant investment and the farm has been slow to
produce a viable source of income.
4F. Land Character and Present Use
The proposed use will not substantially alter or change the essential character or use of the land.
The property serves as our principal residence, and we have established various agricultural uses
on a significant portion of the property. Those uses will continue under the proposed request
which intends to utilize existing structures on a small portion of the property to complement the
existing agricultural uses in a manner that is unusual, reasonable and mutually beneficial to both.
Thus, the use of the property as a bed and breakfast will be subordinate and clearly incidental to
the principal use of the property as the landowners' residence and farm. Therefore, the Special
Permit request will not alter or be detrimental to the essential character of the land or
surrounding area; rather, it will assist the landowners in realizing the property's potential through
the addition of an unusual, yet compatible and reasonable use.
4G. Relationship to General Plan
The proposed use will not be contrary to the goals,policies, and standards of the General Plan or
the Kona Community Development Plan. As discussed in Section 3C, the proposed use conforms
to the General Plan's economic, environmental and land use goals and policies. Further, the
project will provide the applicants an opportunity to offset farming costs through the realization
of their entrepreneurial goal to operate a bed and breakfast.
4H. Unusual and Reasonable Use
The proposed use is an unusual and reasonable use of the land, which would not be contrary to
the objectives sought by Land Use Law and Regulations, which, for the Agricultural District,
seek to preserve or keep the land of high agriculture potential in agriculture usage. Lands in the
Agricultural District include areas with a high capacity or potential for agricultural uses but also
lands which are surrounded by or contiguous to agricultural lands and which are not suited to
agricultural uses by reason of topography, soils or other related characteristics.
The land on which the proposed bed and breakfast would be located is ideally suited for
agricultural use given the soil ratings and the emergence of the avocado lace bug has made our
farming endeavors even more difficult. Although we do farm a majority of the land, approval of
26
this Special Permit request will enable us to optimize the overall use of the land by operating a
bed and breakfast within an existing dwelling and guest house on the property. In so doing, we
will be able to offset farming costs with income generated by the bed and breakfast while
offering guests an opportunity to view and learn about sustainable and regenerative farming
practices.
Therefore, the subject property is an usual yet reasonable setting for the proposed bed and
breakfast and the proposed use will not adversely impact the agricultural land inventory in the
County of Hawaii nor would it be contrary to the intent and purpose of the State Land Use Law.
27
Names and Address
Parcel ID - 730470600000
Alt Id - 730470600000
Address- 73-4860 MANU MELE STREET Owner-AWONG,LESLY K AWONG,DESIREE KEOLANUI
Acres - 1.259
Parcel ID - 730470620000
Alt Id - 730470620000
Address- 73-4608 KOHANA IKI HOMESTEAD ROAD Owner- PAGANO,ANTHONY J/CHRISTINE C
TR Acres- 1.005
Parcel ID - 730470630000
Alt Id - 730470630000
Address- 73-4861 MANU MELE STREET Owner- KAY,MARTIN LEE KAY,SUSANA EVA
KAY,BYRON CHRISTOPHER
Acres - 1.01
Parcel ID - 730080040000
Alt Id - 730080040000
Address- 73-4624 KOHANAIKI ROAD Owner-ALICES,ASHFORD WAYNE ALICES,RACHAEL
NAINOA
Acres - 2.198
Parcel ID - 730470610000
Alt Id - 730470610000
Address- 73-4866 MANU MELE STREET Owner- BUSSELL,TRUST
Acres - 1.399
Parcel ID - 730470840000
Alt Id - 730470840000
Address- 73-4878 MANU MELE STREET Owner- HARDIN,ROY JOSEPH HARDIN,MARY
Acres - 1.181
Parcel ID - 730470850000
Alt Id - 730470850000
Address- 73-4886 MANU MELE STREET Owner- MULLINAX,DONALD MULLINAX,WYNNE
Acres - 1.043
Parcel ID - 730470860000
Alt Id - 730470860000
Address- 73-4892 MANU MELE STREET
Owner-TAKAKUWA,JAMES S/DEBORAH WING TRST Acres- 1.015
Parcel ID - 730470870000
Alt Id - 730470870000
Address- 73-4896 MANU MELE STREET Owner- RIZOI U-JACOBY,N I CO LETA R Acres - 1.032
Receive Noce (500-)
Parcel ID - 730470580000
Alt Id - 730470580000
Address- 73-1415 HAMIHA STREET Owner- BIG ISLAND HOME LLC Acres- 1.404
Parcel ID - 730470590000
Alt Id - 730470590000
Address- 73-1397 HAMIHA STREET
Owner-JOHNSON,MARK LEE/JOY MARIE TR Acres - 1.02
Parcel ID - 730081090000
Alt Id - 730081090000
Address- 73-4615 KOHANAIKI ROAD Owner- MARKLEY,JOHN MICAH MARKLEY,MICKAYLA
MARIE
Acres - 3.3
Parcel ID - 730470010000
Alt Id - 730470010000
Address- 73-4868 MANU MELE STREET Owner- BACKMAN,RAYMOND BACKMAN,DONNA
Acres - 1.0
Parcel ID - 730471170000
Alt Id - 730471170000
Address- 73-4877 MANU MELE STREET Owner- DATZ,ANNETTE MARIE DATZ,THOMAS DAVID
Acres - 1.01
Parcel ID - 730470570000
Alt Id - 730470570000
Address- 73-1414 HAMIHA STREET Owner- HAWAII YAY LLC DALHOUSE,TIMOTHY ALAN
Acres - 1.408
Parcel ID - 730080710000
Alt Id - 730080710000
Address- 73-4569 KOHANAIKI ROAD Owner- BEAUDRY,CHAD TR
Acres - 5.133
Parcel ID - 730080540000
Alt Id - 730080540000
Address- 73-4560 C HAWAII BELT ROAD Owner- SHIONO CHEMICAL CO LTD Acres- 10.694
Parcel ID - 730080570000
Alt Id - 730080570000
Address- 73-4606 HAWAII BELT ROAD Owner- HILL,THEODORE E JR TRST Acres- 3.349
Alt Id - 730081290000
Owner- BRANCO,WILLIAM D BRANCO,PHYLLIS BRANCO,WILLIAM D BRANCO,PHYLLIS
Acres - 2.305
Alt Id - 730080700000
Address- 73-4570 HAWAII BELT ROAD Owner- DECKER,RICHARD A/AMY L TR Acres - 3.115
Parcel ID - 730081220000
Alt Id - 730081220000
Address- 73-4574 HAWAII BELT ROAD Owner- DECKER,RICHARD A/AMY L TR
BERGER,ELIZABETH TR
Acres - 3.011
Alt Id - 730081230000
Address- 73-6031 MAUKA ROAD Owner- KEILY,STEPHANIE MARGARET Acres-4.023
Parcel ID - 730080580000
Alt Id - 730080580000
Address- 73-4631 KOHANAIKI ROAD Owner- LIGHTNER,JOHN F LIGHTNER,MICHAEL R
Acres - 3.021
Parcel ID - 730080180000
Alt Id - 730080180000
Address- 73-4635 KOHANAIKI ROAD Owner- STILL WATER LLC
Acres - 5.114
Parcel ID - 730080970000
Alt Id - 730080970000
Address- 73-4634 HAWAII BELT ROAD Owner- PERATINO,WILLIAM S
Acres - 3.019
Parcel ID - 730080050000
Alt Id - 730080050000
Address- 73-4625 KOHANAIKI ROAD Owner- WINTHER,SEAN W WINTHER,GRACE M
WHITE,THANH VAN THI
Acres - 2.851
Parcel ID - 730081100000
Alt Id - 730081100000
Address- 73-4617 KOHANAIKI ROAD Owner- KEY,SIMON ANDREW KEY,KERRY KIRSTEN
Acres - 3.468
Parcel ID - 730080020000
Alt Id - 730080020000
Address- KOHANA IKI HOMESTEAD ROAD Owner- CILIA,MICHAEL C
Acres - 3.202
TM K: 7-3-047:118
Address: 73-4865 Manu Mele Street
Owner: Maurer, Roland/Hesse, Ursula Trst
Acres: 1.010
Kala, Alukahe
From: Micah Markley <j.micah.markley@gmail.com>
Sent: Monday, March 18, 2024 4:54 PM
To: Kala, Alukahe
Cc: Andrews,Jessica;Jackson, Maija
Subject: Re: Special Permit Application PL-SPP-2024-000065
Follow Up Flag: Follow up
Flag Status: Flagged
I'm sorryyes the "guest house" is the additional farm dwelling.
Micah Markley(RB)23718
Seller Representative Specialist
C. 808.430.0193 1 Website
[�JNN
On Mon, Mar 18, 2024 at 4:14 PM Kala, Alukahe <Alukahe.Kala@hawaiicounty.gov>wrote:
Aloha Micah,
Thank you foryour re-submittal. I have a question; can you clarifythe use of"guest house" in your application?
On page 6,you mentioned "The bed and breakfast will consist of a 1 bedroom 1 bathroom guest house."You also
stated that " 1. An existing 480 square foot guest house be designated as the primary farm dwelling..." The issue
is that the Zoning Code (Chapter 25) has a definition for"Guest house"and to avoid confusion in the future
would like to know if you're referencing a "guest house" or the current Additional Farm Dwelling?
Section 25-4-9. Guest houses.
One guest house may only be established on a building site that is at least seven
thousand fire hundred squame feet in area. A guest house shall not exceed five hundred
square feet in gross floor area. shall not be more than twenty feet in height. and shall
not have a kitchen.
(1996. ord 96-160. sec 2. ratified April 6. 1999.)
1
Please feel free to contact me should you have any questions or concerns.
Mahalo,
Alu
From: Micah Markley<i.micah.markley@mail.com>
Sent: Monday, March 11, 2024 9:11 AM
To: Kala,Alukahe<Alul<ahe.Kala@hawaiicounty.eov>
Cc:Andrews,Jessica <Jessica.Andrews@hawaiicounty.gov>
Subject: Re: Special Permit Application PL-SPP-2024-000065
Thankyou!
On Mon, Mar 11, 2024 at 8:43 AM Kala,Alukahe <Alukahe.Kala(cbhawaiicounty.gov>wrote:
Aloha Micah,
have received you email with all the attachments and have forwarded them to be processed.
Mahalo,
Alu
From: Micah Markley<i.micah.markley@mail.com>
Sent: Monday, March 11, 2024 8:22 AM
To: Kala,Alukahe<Alukahe.Kala@hawaiicounty.gov>
Cc:Andrews,Jessica <Jessica.Andrews@hawaiicounty.gov>
Subject: Re: Special Permit Application PL-SPP-2024-000065
2
i
Morning!
Just wanted to confirm this was received and being processed by your team.
Mahalo for all the help with this!
Micah Markley(RB)23718
Seller Representative Specialist
C. 808.430.0193 1 Website
On Fri, Mar 8, 2024 at 8:31 AM Micah Markley<i.micah.markley(Cbgmail.com>wrote:
Wow that was quite the endeavor. Find all the items addressed as requested for the processing of our
special permit request.
Three attachments
1. Receive Notice list (updated)
2. Original signed application
3
3. New special permit application with correct labels, additional maps, and explanation of
redesignation request.
Please confirm receipt and let me know if I'm missing anything.
Mahalo,
Micah Markley(RB)23718
Seller Representative Specialist
C. 808.430.0193 1 Website
❑x z ❑x
On Fri, Feb 23, 2024 at 3:15 PM Micah Markley<i.micah.markley(a)gmaiL.com>wrote:
Quick questions.
Regarding the resignation of structures, it's sounding good to us to swap the additional farm dwelling
with the farm dwelling and resubmit. Our only concern is that it may complicate or delay our current
building permit in process with the detached bedroom. Is this a valid concern or will it have no effect
on the building permit process?
4
Micah Markley(RB)23718
Seller Representative Specialist
C. 808.430.0193 1 Website
On Fri, Feb 23, 2024 at 12:28 PM Kala,Alukahe <Alukahe.Kala(c�hawaiicounty.gov>wrote:
Thank you Micah.
From: Micah Markley<j.micah.mark1ey(c-0gmail.com>
Sent: Friday, February 23, 2024 11:26 AM
To: Kala,Alukahe <Alukahe.Kala(a)hawaiicount ov>
Cc:Andrews, Jessica <Jessica.Andrews(ohawaiicounty.gov>
Subject: Re: Special Permit Application PL-SPP-2024-000065
Thank you for the detailed review. I will make the requested changes and let you know if I have any
questions as well as notify you when I re-submit.
Mahalo!
5
On Fri, Feb 23, 2024 at 9:44 AM Kala, Alukahe <Alukahe.KalaCcohawaiicounty.gov>wrote:
Aloha John,
Thankyou for submittingyour special permit application for a bed &breakfast establishment.
Unfortunately, we cannot accept your application as complete until you address multiple issues as
noted below. I have attached a similar application for your reference. Please use this example as a
general guide and be sure to customize responses to the specifics of your property.Also, please
provide a complete revised document with your resubmitted application, that will replace the
original application document.
• The application page is missing and needs to be filled out and submitted per required
accompaniments "2.An Original(signed) copy of the completed application.".
• Your list of notified surrounding property owners was missing one (1) person.
o TM K: 7-3-047:118
Address: 73-4865 Manu Mele Street
Owner: Maurer, Roland/Hesse, Ursula Trst
Acres: 1.010
• Please label your exhibits appropriately for ease of reference when resubmitting your
revised application.
• You stated in your narrative that you intend to use your Additional Farm Dwelling as the
space to host guests. However, Additional Farm Dwellings (AFD) are only meant to house
farm workers or family members and cannot be used for a Bed and Breakfast. Moving
forward you will need to change the designations of the dwellings or change the hosting
space on the property.You will need to determine howyou would like to deal with this issue.
If you would like to change the designations of your dwellings, you will need to state that in
your narrative and designate it on your revised site plan.
• Please submit a revised site plan which clearly designates where the Bed and Breakfast will
be established, as well as all other changes as required.
• Toward the end of the second paragraph under "3.Written Narrative (B.)",you mentioned
the potential of hosting in your detached bedroom. However, if you change your AFD
designation to the two (2) bedroom farm dwelling, you will not be able to use the detached
bedroom as a hosting space.
• In sections "F." &"G." of your narrative, you state that "There are no archaeological or
historical resources on the property." and that "There are no Valued Cultural Resources on
the property or accessed through the property.". Please provide further explanation using
the attached document as reference.
6
• In section "I."you stated, "Not Applicable",we cannot accept this, and it will need to be
addressed in your revised narrative.
Please feel free to contact me should you have any questions or concerns.
Mahalo,
Alukahe M.W. Kala
Planning Department
101 Pauahi St. Suite 3
Hilo, Hawai'i 96720
(808) 961-8170
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s)
and may contain confidential and/or privileged information. Any review, use, disclosure, or distribution by unintended
recipients is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all
copies of the original message.
7
JOSH GREEN, M.D. o H KENNETH S. FINK, M.D,MGA, MPH
E....._.....q.
GOVERNOR OF HAWAII cPi.. 9sv \y. DIRECTOR OF HEALTH
KE KIA'AINA O KA MOKU'AINA O HAWAI'I y KA LUNA HO'OKELE
qQ...,,
`�m.o:eti��rao�
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O. BOX 916
HILO, HAWAII 96721-0916
MEMORANDUM
DATE: March 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-2024-000065)
Applicant: John Micah Markley and Mickayla Marie Markley
Request: To Allow a 1-Bedroom Bed and Breakfast Establishment
Tax Map Key: (3) 7-3-008:109, N. Kona, Hawaii
In most cases,the District Health Office will no longer provide individual comments to
agencies or project owners to expedite the land use review and process.
Agencies,project owners, and their agents should apply Department of Health"Standard
Comments"regarding land use to their standard project comments in their submittal.
Standard comments can be found on the Land Use Planning Review section of the
Department of Health website: https://health.hawaii._gov/epo/tanduse/. 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. 2. Control of Fugitive Dust: You must reasonably control the generation of all
Exhibit 2
Zendo Kern
March 28, 2024
Page 2 of 4
airborne, visible fugitive dust and comply with the fugitive dust provisions of
HAR §11-60.1-33. Note that activities that occur near existing residences,
businesses,public areas, and major thoroughfares exacerbate potential dust
concerns. It is recommended that a dust control management plan be developed
which identifies and mitigates all activities that may generate airborne and visible
fugitive dust and that buffer zones be established wherever possible.
3. Standard comments for the Clean Air Branch
are at: hgps://health.hawaii.gov/epo/landuse/
Clean Water Branch
1. All project activities shall comply with the HAR, Chapters 11-53, 11-54, and 11-55.
1. The following Clean Water Branch website contains
information for agencies and/or project owners who are
seeking comments regarding environmental compliance for
their projects with HAR, Chapters 11-53, 11-54, and 11-55:
hLtps://health.hawaii.gov/cwb/clean-water-branch-home-
page/cwb- standard-comments/.
Hazard Evaluation & Emergency Response Office
1. A Phase I Environmental Site Assessment(ESA) and Phase 11 Site Investigation
should be conducted for projects wherever current or former activities on site may
have resulted in releases of hazardous substances, including oil or chemicals.
Areas of concern include current and former industrial areas, harbors, airports,
and formerly and currently zoned agricultural lands used for growing sugar,
pineapple or other agricultural products.
2. Standard comments for the Hazard Evaluation & Emergency Response Office
are at: hllps://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
hl!ps:Hhealth.hawaii.gov/irhb/asbestos/.
Safe Drinking Water Branch
1. Agencies and/or project owners are responsible for ensuring environmental
Zendo Kern
March 28, 2024
Page 3 of 4
compliance for their projects in the areas of 1)Public Water Systems; 2)
Underground Injection Control; and 3) Groundwater and Source Water Protection
in accordance with HAR Chapters 11-19, 11-20, 11-21, 11-23, 11-23A, and 11-
25. They may be responsible for fulfilling additional requirements related to the
Safe Drinking Water program: hgps:Hhealth.hawaii.gov/sdwb/.
2. Standard comments for the Safe Drinking Water Branch can be
found at: https:Hhealth.hawaii.gov/epo/landuse/.
Solid &Hazardous Waste Branch
1. Hazardous Waste Program - The state regulations for hazardous waste and used
oil are in HAR Chapters 11-260.1 to 11-279.1. These rules apply to the
identification, handling, transportation, storage, and disposal of regulated
hazardous waste and used oil.
2. Solid Waste Programs - The laws and regulations are contained in HRS Chapters
339D, 342G, 342H, and 342I, and HAR Chapters 11-58.1 and 11-282.
Generators and handlers of solid waste shall ensure proper recycling or disposal
at DOH-permitted solid waste management facilities. If possible,waste
prevention, reuse, and recycling are preferred options over disposal. The Office
of Solid Waste Management also oversees the electronic device recycling and
recovery law, the glass advanced disposal fee program, and the deposit beverage
container program.
3. Underground Storage Tank Program —The state regulations for underground
storage tanks are in HAR Chapter 11-280.1. These rules apply to the design,
operation, closure, and release response requirements for underground storage
tank systems, including unknown underground tanks identified during
construction.
4. Standard comments for the Solid& Hazardous Waste Branch can be
found at: https:Hhealth.hawaii.goy/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
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.
Zendo Kern
March 28, 2024
Page 4 of 4
3. When required by the County Planning Department, Bed and Breakfast establishments
may request documentation from the Department of Health. The Department of Health
will provide documentation to the Planning Department once written communication
from the Bed and Breakfast operators are received regarding their food service
operations.
4. If the proposed Bed and Breakfast meal consists of commercial cereal,pastries (except
custards or cream filled), breads, fruits, coffee, tea, and juice, a food establishment
permit will not be required from the Department of Health at this time. This limited
menu must be documented in a letter to the Department of Health. The guests shall be
informed by statements contained in published advertisements, mailed brochures, and
placards posted at the registration area that the food is prepared in a kitchen that is not
regulated and inspected by the Department of Health.
5. For Bed and Breakfast operations that provide meals which include potentially
hazardous foods, a food establishment permit will be required to operate. County
landuse approval for operating a food establishment may also be required. A kitchen
used to prepare foods for individual family consumption will not be allowed to be
permitted. A separate commercial kitchen will need to be constructed.
6. If you have any questions regarding this guideline,please contact the Sanitation Office
at 933-0917.
Other
1. CDC - Healthy Places - Healthy Community Design Checklist Toolkit
recommends that state and county planning departments, developers,planners,
engineers, and other interested parties apply these principles when planning or
reviewing new developments or redevelopment projects.
2. If new information is found or changes are made to your submittal, DOH reserves
the right to implement appropriate environmental health restrictions as required.
Should there be any questions on this matter,please contact the Department of
Health, Hawaii District Health Office, at(808) 933-0917.
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
H I LO, HAWAII
DATE: April 12, 2024
?KwQ"O&GSL
TO: Zendo Kern, Planning Director
p
FROM: Department of Public Works, Engineering Divisio
SUBJECT: Special Permit Application (PL-SPP-2024-000065)
Applicant: John Micah Markley and Mickayla Marie Markley
Request: To Allow a 1-Bedroom Bed and Breakfast Establishment
TM K: 7-3-008:109
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. Access to the subject property is provided by Kohanaiki Road. This portion is
designated a "Road in Limbo." Although the public has a right of access through this
right-of-way, it is not being maintained by any government entity.
Questions may be referred to Robyn Matsumoto at 961-8924.
Planning Dept.
Exhibit 3 County of Hawaii is an Equal Opportunity Provider and Employer
Ramzi I.Mansour
Mitchell D.Roth `�•y`' �,�;;�,
Mayor :. Director
. :;: Brenda Iokepa-Moses
Deanna S. Sako '' N�''' Deputy Director
Managing Director
County of Hawaii
DEPARTMENT OF ENVIRONMENTAL MANAGEMENT
345 Kekuando`a Street,Suite 41 - Hilo,Hawaii 96720• cohdem@hawaiicounty.gov
Ph: (808)961-8083 •Fax: (808)961-8086
MEMORANDUM
TO: Zendo Kern, Director
Planning Department
FROM: Ramzi I. Mansour, Directo$w ,U1, M`,su -..
Department of Environmental Management
DATE: April 3, 2024
SUBJECT: Special Permit Application(PL-SPP-2024-000065)
Applicant: John Micah Markley and Mickayla Marie Markley
Request: To Allow a 1-Bedroom Bed and Breakfast Establishment
Tax Map Key: (3) 7-3-008:109; N. Kona, Hawaii
The Solid Waste Division has reviewed the subject application and provides the following
comments (Contact the Solid Waste Division for details).
• Commercial operations, State and Federal agencies, religious entities and non-profit
organizations may not use transfer stations for disposal.
• Aggregates and any other construction/demolition waste should be responsibly reused
to its fullest extent.
• Ample room should be provided for rubbish and recycling.
• Green waste may be transported to the green waste sites located at the West Hawaii
Organics Facility and East Hawaii Organics Facility, or other suitable diversion
programs.
• Construction and demolition waste is prohibited at all County Transfer Stations.
The Wastewater Division has reviewed the subject application and provides the following
comments (contact the Wastewater Division for details):
• No County sewer system in area. Applicant shall follow Hawaii Department of Health,
and all other applicable federal, state, and county regulations.
Planning D@pt. County of Hawaii is an Equal Opportunity Provider and Employer
Exhibit 4
M�vfor h1
Mitchell D.Roth '� Diane Nakagawa
Mayor ��'�'�' Deputy Director
:f
Deanna Sako -- Aaron K.H.Brown
•.'':
Managing Director �rF of;,.+' Deputy Director
County of Hawaii
DEPARTMENT OF FINANCE -REAL PROPERTY TAX
Aupuni Center • 101 Pauahi Street • Suite No.4 • Hilo,Hawaii 96720 • Fax(808)961-8415
Appraisers(808)961-8354 • Clerical(808)961-8201 • Collections(808)961-8282
West Hawaii Civic Center • 74-5044 Ane Keohokalole Hwy. • Bldg.D,2nd Flr. • Kailua Kona,Hawaii 96740
Fax(808)327-3538 • Appraisers(808)323-4881 • Clerical(808)323-4880
Date: 3/27/2024 Tax Map Key: 7-3-008-109-0000
To: Planning Director
From: Real Property Tax Office
Subj: Request for Comments and/or Review
Comments from the Appraisal Section:
® Property is receiving agricultural use value
❑ Property is dedicated to agricultural use
❑ Possible rollback taxes
❑ There are no comments at this time
Remarks:
Appraiser to Contact: Wendy Hunt Phone: 808-323-4884
Comments from the collection section:
® Status of real property taxes:
® Current
❑ Delinquent /Amounts $
Amount includes tax, penalty & interest up to
Remarks: Real property taxes are current and paid up to June 30th 2024.
Collection personnel to contact: Shanayd Wusstig
Phone: 808-961-8347
Planning Dep;. Hawai`i County is an Equal Opportunity Provider and Employer
Exhibit 5
Q� qw+rsg3 '
F5� i9
DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII
345 KEKUANAO'A STREET, SUITE 20 HtLO, HAWAII 96720
TELEPHONE (808)961-8050 - FAX(808)961-8657
May 22, 2024
COH PLANNING DEP
MAY 2332024 PF,2.27
RECD HAND Dc"LIVEMED
TO: Mr. Zendo Kern, Director
Planning Department
FROM: Keith K. Okamoto, Manager-Chief Engineer
SUBJECT: Special Permit Application (PL-SPP-2024-040065)
Applicant: John Micah Markley and Mickayla Marie Markley
Request: To Allow a 1-Bedroom Bed and Breakfast Establishment
Tax Map Key 7-3-008:109
We have reviewed the subject application and have the following comments.
Please be informed that there is an existing 5l8-inch meter(Account No. 935-90500)that serves the
subject parcel and is adequate for only one (1) single-family dwelling at an average daily usage of 400
gallons.
As stated in our memorandum to you dated September 6, 2018, regarding FDA-18-000449, additional
water was not available for the additional dwelling. All dwellings shall not share the existing meter,
and the water system plumbing between any dwellings shall not be interconnected in any way.
Therefore,we request confirmation that the additional farm dwelling is not connected to the existing
service. As the proposed bed and breakfast will be operated within the existing additional farm
dwelling, we have no objection to the subject application, subject to the applicant understanding water
is not available to the additional farm dwelling, which will be the one(1)bedroom bed and breakfast
establishment.
The Department reserves the right to install a flow-reducing device on the existing meter, should the
average daily water usage be exceeded.
Planning Dept. Water, Our 914ost Precious resource . . . K Wai'4 'Kane. . ,
Exhibit 6 The Department of Water Supply is an Equal Opportunity provider and employer.
Mr. Zendo Kern, Director
Page 2
May 22, 2024
Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and
Planning Branch at(808) 961-8670,extension 256.
Sincerely yours,
"12
Keith K. Okamoto, P.E.
Manager-Chief Engineer
RQ:dfg
copy—Mr. John Micah and Ms. Mickayla Marie Markley
DWS Customer Service Sections(Hilo and Kona)
ArEgS
OF W
DEPARTMENT OF WATER SUPPLY - COUNTY OF HAWAVI
345 KEKOANAO'A STREET, SUITE 20 - HILO, HAWAII 96720
OF HAW TELEPHONE (808) 961-8050 - FAX (808) 961-8657
September 6,2018
C)
TO: Mr.Michael Yee,Director
Planning Department
FROM: Keith K.Okamoto,Manager-Chief Engineer
SUBJECT: Additional Farm Dwelling Agreement Application
(FDA-18-000449)
Applicant—John M.Markley
Tax Map 7-3-008:109
We have reviewed the subject application and have the following comments and conditions.
Please be informed that an existing 5/8-inch meter(Account No.935-90500)services this property and is
adequate for only one(1)dwelling unit at an average of 400 gallons per day. Inasmuch as this application is
proposing an additional dwelling,the installation of a separate 5/8-inch meter would normally be required in
accordance with the Department's regulations. However,the parcel does not front upon a Department of Water
Supply waterline and is,therefore,considered to be out of bounds. Parcels that are out of bounds are limited to
just one unit of water. One unit of water allows for an average daily usage of 400 gallons served through a
5/8-inch meter and is suitable for one single-family dwelling.
Therefore,the Department has no objections to the proposed application,subject to the applicant understanding
and accepting that the Department cannot provide service to the proposed additional farm dwelling. Should the
application be approved,all dwellings shall not share the existing meter,and the water system plumbing
between any dwellings shall not be interconnected in any way.
Further,a reduced pressure type backflow prevention assembly has been installed and approved by the
Department.
Should there be any questions,please contact Mr.Troy Samura of our Water Resources and Planning Branch at
961-8070,extension 255.
Sincerely yours,
Keith K.Okamoto,P.E.
Manager—Chief Engineer
TS:dnij
copy— Mr.John M.Markley
DWS Customer Service Section(Hilo,Kona)
DWS Cross Connection Section 120327
Planning Dept. Water, Our Most Precious TSsource. . . Ka Waiq sane
Exhibit 7 The Department of Water Supply is an Equal Opportunity provider and employer.
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Harry Kim <P:'•;��" '�+•,
Mayor �Ji Director
Daryn Arai
• Deputy Director
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East Hawaii Office
West Hawaii Office
74-5044 Ane Keohokalole Hwy . • 101 Pauahi Street,Suite 3
Kailua-Kona,Hawaii 96740 County of Hawal`1 Hilo,Hawaii 96720
Phone(808)961-8288
Phone(808)323-4770
Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742
October 2, 2018
John M. Markley
P.O. Box 588
Holualoa, Hawaii 96725-0588
Dear Mr. Markley:
SUBJECT: Additional Farm Dwelling Agreement (FDA-18-000449)
Applicant(s): John M. Markley
Owner(s): John Micah Markley
State Land Use: Agricultural
County Zoning: Agricultural(A-5a)
Land Area: 3.300 acres
TMK• (3) 7-3-008:109 (COR-18-119894)
Pursuant to authority conferred to the Planning Director by Chapter 25 (Zoning), Article 5,
Division 7, Section 25-5-77 of the Hawaii County Code and Planning Department Rule 13,
Farm Dwellings, we have reviewed your request for one (1) additional farm dwelling on the
subject property and have approved your request subject to the following.
BACKGROUND INFORMATION
1. Subject Property: Being A Portion of Kaloko,North Kona, Island of Hawaii, Hawaii.
2. Lot Size: 3.300 Acres.
3. State Land Use: Agricultural (A).
4. County Zoning: A-5a.
5. Proposed Request: One Additional Farm Dwelling.
6. Existing Structures: There is a single-family dwelling, which was permitted in 2017.
7. Building Permits: There is a building permit of record in Real Property Tax Records.
www.hiplanningdgpt.co Hawaii County is an Equal Opportunity Provider and Employer planning@hawaiicounty.¢ov
Planning Dept.
Exhibit 8
John M. Markley
October 2, 2018
Page 2
8. Farm Plan: Includes the following existing and expanded income-producing agricultural
activities.
a. Existing agricultural activities include:
i. There are approximately 3.1 acres of avocado trees.
9. Evidence of Agricultural Activity: There is evidence of agricultural income and expenses
reported on their profit and loss statement submitted to the State Department of Taxation.
10. Rationale for Establishing AFD: To accommodate farm help.
FINDINGS
1. Chapter 205, Hawaii Revised Statutes (HRS), the State Land Use Law does not authorize
residential dwellings as a permitted use in the State Land Use Agricultural district unless
the dwelling is related to an agricultural activity or is a farm dwelling. A farm dwelling as
defined in HRS Chapter 205-4.5 means a single family dwelling located on and used in
connection with a farm, including clusters of single family farm dwellings permitted
within agricultural parks developed by the State, or where agricultural activity provides
income to the family occupying the dwelling. (Emphasis added)
2. The subject lot was created by subdivision(SUB 06-5863) approved on February 7, 1990,
which, pursuant to HRS §205-4.5(b),requires the first dwelling on the lot to be a farm
dwelling.
3. The Farm Plan and the agreement to use the dwelling for agricultural or farm-related
activity on the building site demonstrate that there is income-producing agricultural
activity.
4. In addition, the following agencies have submitted their comments as identified below:
a. Department of Water Supply(DWS) memo September 6, 2018.
b. Department of Health(DOH) email dated September 25, 2018.
DECISION AND CONDITIONS
In view of the above, your request to construct one (1) Additional Farm Dwelling on the
property is approved subject to the following conditions:
1. Your AFDA has been approved based on existing and expanded agricultural activity as
summarized in this letter.
John M. Markley
October 2, 2018
Page 3
2. The AFD shall be used for farm-related purposes and provide shelter for persons involved
in the agricultural or farm-related activity on the building site. Family members who are
not engaged in agricultural or farm-related activities are allowed to reside in the additional
farm dwelling.
3. An Additional Farm Dwelling Agreement affidavit shall be notarized and submitted to the
Planning Department for recordation with the Bureau of Conveyances, State of Hawaii,
which states that the additional dwelling shall be used for farm-related purposes.
4. The farming enterprise shall be commercial in nature and up to seventy-five percent (75%)
of your proposed farm plan shall be implemented within three (3) years from the AFDA
approval date. The Planning Department shall be allowed to inspect the farm upon
reasonable prior notice.
5. The agreement shall run with the land and apply to all persons who may, now or in the
future, use or occupy the additional farm dwelling. The enclosed AFD Agreement must be
returned to the Planning Department with the appropriate notarized signature(s) along with
a check made out to the Bureau of Conveyances in the amount of $41.00 in accordance
with the enclosed AFDA Instructions.
The Planning Department will not approve a building permit application for the
additional dwelling until the AFDA document and all required attachments have been
sent for recordation by the Planning Department.
6. All other applicable rules, regulations, and requirements of the Planning Department
(including but not limited to the Hawaii County Code, Chapter 25, Zoning), Department of
Public Works, Department of Water Supply, Fire Department and State Department of
Health and any other reviewing agencies/divisions listed on the Building Permit (BP)
Application shall be adhered to.
7. The applicant is responsible for any State and Federal tax consequences due to the income
produced from the farm activity.
8. The First Party (as identified in the Additional Farm Dwelling Agreement) shall allow the
Second Party or its representative to inspect the farm upon reasonable prior notice.
9. DWS has noted that the subject parcel does not have a County approved water service at
present, and an additional water service is not available for the additional dwelling.
John M. Markley
October 2, 2018
Page 4
10. This AFD shall be valid for a period of two (2) years from the date of this approval letter to
secure a Building Permit (BP) for the AFD. Failure to secure a BP for this AFD on or
before October 1, 2020, may cause the Director to initiate proceedings to invalidate the
AFD.
11. An initial extension of time for the performance of conditions within the permit may be
granted by the Planning Director upon the following circumstances:
A. Non-performance is the result of conditions that could not have been foreseen or are
beyond the control of the applicants, successors, or assigns and that are not the.result
of their fault or negligence.
B. Granting of the time extension would not be contrary to the General Plan or Zoning
Code.
C. Granting of the time extension would not be contrary to the original reasons for the
granting of the permit.
D. The time extension granted shall be for a period not to exceed the period originally
granted for performance (i.e., a condition to be performed within one year may be
extended for up to one additional year).
Should any of these conditions not be met or substantially complied with in a timely fashion,
the Planning Director may initiate procedures to revoke this permit.
In reference to the Department of Water Supply's comment, we suggest the following:
a. "Any existing and/or future dwellings not serviced by County water system constructed
on the property shall have a minimum 6,000 gallon water storage facility for domestic
consumption for water catchment. This catchment system shall adhere to the
Department of Public Works, Building Division's "Guidelines for owners of Rain
Catchment Water Systems" as well as the State Department of Health requirements
related to water testing and water purifying devices.
b. Provide a water supply system sufficient for fire fighting consisting of a minimum
3,000 gallons of water per existing and/or proposed future dwelling on the property
meeting with the approval of the Hawaii County Fire Department. If dwellings are more
than 50 feet apart, 4,000 gallons of water per dwelling will be required".
Please feel free to contact Rosalind Newlon of this office at (808) 323-4770 or email
rosalind newlon(c hawaiicounty.gov should you have any further questions and/or concerns.
John M. Markley
October 2, 2018
Page 5
Sincerely,
AE Y
anning Director
RJN:rjn
C:\Users\rnewlon\Desktop\Newlon\AFDA Approval\AFDAap-7-3-008-109 Markley.doc
Enclosures; AFDA document
AFDA document instruction sheet
cc: Chief Sanitarian, DOH
Manager-Chief Engineer, DWS
John M. Markley
October 2, 2018
Page 6
cc via email: GIS Section w/enclosures
Glenn Sako, Department of Research and Development (R&D)
glenn.sako a-,hawaiicounty.gov
Kamran Fujimoto,Natural Resources Conservation Services (MRCS)
kamran.fujimoto(&,hi.nacdnet.net
Jennifer Lopez, Puna Soil and Water Conservation District(SWCD)
j enni fer.lopez(-)hi.nacdnet.net
Stan Sitko, Real Property Tax Division(RPT)
Stan.sitko(&,hawaiicounty.gov
Keita Jo, Real Property Tax Division(RPT)
kieta.jo(i,hawaiicounty.goy