HomeMy WebLinkAboutItem #1 PROPOSED FOF, COL, D&O DENIAL SPP 19-212BEFORE THE WINDWARD PLANNING COMMISSION OF
THE COUNTY OF HAWAII
STATE OF HAWAII
Application of Special Permit No. 19-000212
DEIRDRE AND BENJAMIN IMAGIRE PROPOSED FINDINGS OF FACT;
CONCLUSIONS OF LAW; AND DECISION
For a Special Permit on a parcel of land AND ORDER
situated at Orchid Land Estates, Kea'au,
Puna, Hawai`i,
TMK: (3) 1-6-009:017. Hearing Date: June 4, 2020
PROPOSED FINDINGS OF FACT;
CONCLUSIONS OF LAW; AND DECISION AND ORDER
DEIRDRE AND BENJAMIN IMAGIRE ("Applicants"), filed an application for a
Special Permit to allow the development of a chiropractic, acupuncture and massage clinic and
related improvements ("Application") located at 16-214 Ilima Street,between 35th and 36th
avenue, Orchid Land Estates, Kea'au, Puna, Hawaii, TMK: (3) 1-6-009:017 ("Subject
Property"). The Windward Planning Commission of the County of Hawai`i ("Commission")
having considered the entire record herein: makes the following findings of fact and conclusions
of law.
I. FINDINGS OF FACT
A. Procedural Matters
1. On October 25, 2019, the Planning Department received the subject Special
Permit Application.
2. By letter to the Applicants dated November 19, 2019, the Planning Department
acknowledged receipt of the Special Permit Application(SPP 19-000212).
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3. By email dated November 15, 2020, the Applicants requested that the Application
be schedule for the Windward Planning Commission meeting in February of 2020.
4. By Memorandum dated November 19, 2019, the Planning Director requested
written comments to public agencies no later than December 18, 2019. The agencies included the
Department of Public Works Engineering Division(Hilo), Department of Water Supply,
Department of Environmental Management, Police Department, Fire Department, Department of
Public Works Building Division(Hilo), Department of Land and Natural Resources- State
Historic Preservation, Land and Engineering Divisions, State Department of Health, State Land
Use Commission, State Department of Agriculture, State Office of Planning and Orchid Land
Community Association.
In November and December 2019, the Department received comments on the Application
from the Department of Public Works, Building Division, State Department of Health,
Department of Water Supply, Department of Public Works, Engineering Division, and
Department of Land and Natural Resources. The remainder of the agencies had no comment or
response.
5. By email dated January 9, 2020, the Applicants approved deferring the subject
application to the Windward Planning Commission meeting in March of 2020.
6. By letter dated January 31, 2020, the Applicants provided supplemental
information to the Planning Department.
7. On January 7, 2020, the Planning Department received an affidavit and
photographic evidence of sign posting from the Applicants dated January 6, 2020.
8. By email dated February 7, 2020, the Applicants requested to defer the subject
application to the Windward Planning Commission meeting in April of 2020, to allow for
additional time to gather supplemental information.
9. By email dated February 25, 2020, the Applicants provided supplemental
information to the Planning Department.
10. By letter dated March 9, 2020, the Planning Department notified the Applicants
that the Planning Commission would hold a public hearing on the application on April 2, 2020,
in the County of Hawai'i Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawai'i.
11. On March 11, 2020, the Planning Department requested additional information
from the Applicants.
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12. On March 16, 2020, the Planning Department received from the Applicants an
affidavit of first mailing to surrounding property owners within 500 feet of the subject parcel.
13. On March 16, 2020, the Applicants hand delivered a request for a continuance, to
defer the application until the May 7, 2020, meeting of the Windward Planning Commission.
14. On March 20, 2020, the Windward Planning Commission provided a notice to the
Planning Department that the regular session ofthe Windward Planning Commission on
April 2, 2020, was cancelled.
15. The Windward Planning Commission meeting scheduled for May 7, 2020, was
cancelled.
16. On May 6, 2020, the Applicants provided supplemental information to the
Planning Department.
17. By letter dated May 11, 2020, the Planning Department notified the Applicants
that the Planning Commission would hold a live-stream meeting on the application on
June 4, 2020. Notice of the live-stream meeting was published by the Planning Commission on
May 15, 2020 in the Hawai`i Tribune-Herald and the West Hawai`i Today.
18. On May 20, 2020, the Planning Department received from the Applicants an
affidavit of second mailing to surrounding property owners within 500 feet of the subject parcel.
B. Proposed Project
1. The Applicants are applying for a Special Permit to develop a chiropractic,
acupuncture and massage clinic and related improvements. According to the Applicants, the
proposed use would allow two dwellings on the subject parcel, one for commercial operations of
the clinic and one to be used as a residence. The first dwelling would be designed and
constructed to meet commercial standards. The Applicants propose to use this structure as their
residence while constructing the second dwelling on the subject parcel. Prior to obtaining a final
inspection for the second dwelling, the Applicants propose to convert the first dwelling to the
proposed clinic and commence commercial operations. Additionally, the Applicants propose to
build a small detached structure that would serve as a massage treatment room. The Applicants'
proposed site plan includes the following:
A 576-square foot dwelling that will obtain a change of use in order to be
used as a clinic; and
A 150-square foot detached massage treatment room.
A dwelling that will be used as the Applicants' primary residence;
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A compacted gravel parking area with four(4) regular parking stalls and
one(1) ADA parking stall.
2. Staffing/Employees: The Applicants anticipate two (2)to three (3) employees.
3. Hours of Operation: According to the Applicants, visits will be conducted by
appointment. Normal hours for appointments will be between 8:00 a.m. and 5:30 p.m., Monday
through Sunday. Normal business levels include 10-26 hours of appointments per week.
4. Clients: The Applicants anticipate an average of 15-20 clients per day with an
expected maximum of 40 clients per day.
5. Construction Timetable/Estimated Cost: The Applicants propose to complete
construction of all proposed structures within two (2) years of receiving all of the necessary
planning and building permits. The estimated cost of all proposed structures is $150,000.
6. Supporting Information: Landowners of the subject property as listed by the
County's Real Property Tax Division are Benjamin Aaron Brown Imagire and Deirdre Lumina
Imagire. Mr. and Mrs. Imagire authorized the Applicants' representative, Zendo Kern, Planning
Consultant, to apply for the Special Permit on their behalf.
C. State and County Plans
1. State land Use District: Agricultural.
2. Zoning: Agricultural 1-Acre (A-la).
3. General Plan LUPAG Designation: Rural.
4. Puna Community Development Plan (PCDP): The PCDP was adopted by the
Hawai`i County Council by Ordinance 08 116, on September 10, 2008. The subject parcel is not
located within or near any village center.
5. Special Management Area (SMA): The subject property is not located in the
SMA and is approximately five (5)miles from the nearest coastline.
6. Coastal Zone Management, HRS 205A: The State of Hawai`i defines the
coastal zone as the entire state, and therefore, the activities are subject to compliance with the
State Coastal Zone Management(CZM) Program.
D. Description of the Property and Surrounding Area
1. Subject Property: The subject property consists of 2 acres, of which the
proposed permit area is a 1-acre portion on the southeastern property line, fronting Ilima Street.
The subject property is rectangular and generally flat, and is currently vacant of any structures
and improvements and is heavily vegetated.
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2. Surrounding Zoning/Land Uses: Surrounding properties are zoned Ag-la and
are also 2-acres in size, except for a 1-acre parcel to the northeast of the subject parcel.
Surrounding properties are primarily agricultural and residential uses, with many parcels being
vacant. The nearest dwelling is located directly opposite the subject property on Ilima Street.
3. USDA Soil Survey Report: Soils in this Project Area are classified as
Keaukaha' Series, described as highly decomposed plant material with 2 to 10 percent slopes; it
is well drained with a high runoff.
4. Land Study Bureau Soil Rating: "E"or"Very Poor".
5. ALISH: "Unclassified."
6. FIRM: The property is located within Zone X, an area determined by FEMA to
be an area ofminimal flood hazard.
7. FloraUFauna Resources: According to the Applicants, no formal flora/fauna
study has been conducted on the subject property or permit area. The property has been mostly
overgrown by"cane" grass and other non-native species for years. Domestic animals such as
cats, dogs, rats, mongoose and introduced bird species (such as dove, Japanese white-eye, house
finch, and myna) are common in this area and are not considered endangered. Given its
elevation, however, it would be possible to find the Hawaiian Hawk (I`o) and the Hawaiian Owl
Pueo) in this area. However, due to the rural nature ofthe surrounding areas, it would be
unlikely to find endangered animal life in this area.
8. Archaeological/Historical/Cultural Resources: According to the Applicants,
no formal archaeological studies have been done on the subject property or permit area. There
are no known historic sites on the property as listed on the State or National Register of Historic
Places. A request for review of the application was sent to State Historic Preservation Division
SHPD) as a part ofthis application process in October 2019. As of the date of this writing the
Planning Department has not received a response from SHPD. There are no known valued
cultural, historical or natural resources exist on the property and there is no evidence of any
traditional and customary Native Hawaiian rights being practiced on the site.
9. Public Access: There is no known public access to the mountains or the
shoreline that runs through the subject property.
E. Public Facilities, Utilities and Services
1. Access: Access to the subject parcel is proposed to come from Ilima Street, a
private roadway consisting of an approximately 30-foot wide, two-lane graveled surface within a
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40-foot wide right-of-way. The Applicants' site plan proposes a driveway with two connections
to Ilima Street, in order to provide separate ingress and egress for vehicles. Proposed parking
stalls are adjacent to Ilima Street. No improvements are proposed for Ilima Street. According to
the Applicants, Orchid Land Road Association was consulted regarding driveway connections to
Ilima Street and their only comment was to prefer driveways be surfaced in gravel, with no
preference stated as to the number of driveways.
2. Traffic Impacts: The Applicants estimate that, on average, approximately 15 to
20 patients will access the site on a daily basis, or approximately 2 to 3 cars per hour. Traffic in
the surrounding neighborhood is generally low and made up primarily by residents of the area.
3. Water: According to the Department of Water Supply(DWS), the subject parcel
is not within the service limits of the Department's existing water system. The Applicants
propose to use rainwater catchment tanks to supply non-potable and fire suppression water.
4. Wastewater: The subject property is not currently serviced by the County sewer
system. According to the Applicants, wastewater will be disposed ofvia individual wastewater
systems meeting the requirements of the State Department of Health(DOH).
Other Essential Utilities and Services: Telephone and electrical services are available to the
site. Police, Fire and medical services are located nearby in Pahoa.
II. CONCLUSIONS OF LAW
Based upon the foregoing Findings of Fact, the Windward Planning Commission makes
the following conclusions of law:
1.The Commission has jurisdiction over this Special Permit application pursuant to
Hawai`i Revised Statutes ("HRS") Section 205-6. In considering a Special Permit for any
proposed use, the Planning Commission must find that the proposed use:
a.Is an unusual and reasonable use of land situated within the Agricultural or
Rural District, whichever the case may be; and
b. Would promote the effectiveness and objectives of Chapter 205, HRS, as
amended.
2.In addition to the above, Rule 6-3(5) ofthe Planning Commission relating to
Special Permits require that the following criteria be addressed:
a.Such use shall not be contrary to the objectives sought to be accomplished
by the Land Use Law and Regulations;
b.The desired use shall not adversely affect surrounding properties;
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c.Such use shall not unreasonably burden public agencies to provide roads
and streets, sewers, water, drainage, school improvements, and police and
fire protection;
d.Unusual conditions, trends, and needs have arisen since the district
boundaries and regulations were established;
e.The land upon which the proposed use is sought is unsuited for the uses
permitted within the district;
f.The proposed use will not substantially alter or change the essential
character of the land and the present use; and
g.The request will not be contrary to the General Plan and official
Community Development Plan and other documents such as Design Plans.
3.The proposed use is not a reasonable use of land situated within the
Agricultural District because it is contrary to standard building permit process. According
to the November 19, 2019 letter from Department of Public Works, Building Division, "The use
of a dwelling as a business would not be acceptable as shown. Conversion to a business use
would require a `Change ofUse' application and compliance with the Building Code(Chapter 5)
along with compliance with the American with Disabilities Act (ADA) including parking,
signage, path of travel, thresholds, clearances, etc." Similarly, the proposal to use a commercial
structure as a dwelling would not be acceptable. The Applicants' proposal does not comply with
standard building permit process, requiring that a structure's use match that for which it is
permitted.
4.The proposed use does not promote the effectiveness and objectives of
Chapter 205, H.R.S., as amended, because it does not establish an effective land use
pattern.Through the passage of Chapter 205, HRS, otherwise known as the State Land Use
Law, the State Land Use Commission was established. It called for classification of all lands in
the State and authorized the adoption of rules of practice and procedure and regulations for land
use within the various land use districts. The four(4) land use districts (Agricultural, Rural,
Urban and Conservation) created by the State Land Use Commission provided the basic legal
framework of land uses in the State of Hawai`i and assisted in the implementation of the long-
range land use objectives of the State and Counties. The intent of these statutory provisions is to
preserve, protect, and encourage the development of lands in the State for those uses to which
they are best suited in the interest of the public health and welfare of the people in Hawai`i. The
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proposed request is located in an area designated Agricultural by the State Land Use
Commission. As the requested commercial use is not permitted in the State Land Use
Agricultural District, a Special Permit is required to allow the use to be permitted.
The request fails to address the fundamental problems associated with the development of
the proposed commercial business in this particular area, which is the inability to establish an
effective land use pattern. Effective land use planning requires a regional perspective towards
establishing a proper land use pattern within a given area. The towns of Kea'au and Pahoa have
been established as the central commercial areas for such services for this particular section of
Puna. Additionally, future development of Community and Neighborhood Village Centers has
been established, including in the neighborhoods of Orchidlands, Ainaloa and Hawaiian Paradise
Park, among others. The proposed commercial use would be located outside of any ofthe
established commercial areas or village centers and in a rural, low density residential/agricultural
neighborhood. Thus, this proposed commercial use is an inappropriate land use for this particular
area.
5.The granting of this particular request at this particular location will be
inconsistent with the objectives sought to be accomplished by the Land Use Law and
Regulations and could unreasonably burden public agencies to provide infrastructure
because the access road is substandard and cannot accommodate an increase in traffic. The
Planning Department has sought to concentrate commercial uses within the towns of Kea'au and
Pahoa in an attempt to focus traffic and related infrastructure improvements within a localized
area. The County currently has no plans to provide additional infrastructure to accommodate
commercial uses outside of either Kea'au town center or Pahoa town center. Therefore, until
such time as regional infrastructure is able to accommodate an urban level of development in this
area, it would not be prudent to sanction the spread of such traffic-generating commercial uses in
a manner which would frustrate the government's efforts to control the amount of impacts such
uses will create.
Moreover, the Planning Department has public safety concerns over potential traffic
hazards of increasing traffic on the private access road, Ilima Street, which is intended to service
residential/agricultural lots in the subdivision. The road is in poor condition, with large potholes,
dips and valleys. The Applicants have stated that they do not intend to construct roadway
improvements. The increase in traffic due to the proposed commercial use will further exacerbate
the road's poor and potentially unsafe condition. The Planning Director cannot support a Special
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Permit for a commercial use if safe access on a properly maintained road for that commercial use
cannot be ensured.
6.The request will be contrary to the General Plan and Puna Community
Development Plan because it is not consistent with the goals and policies stated therein
regarding identified locations for commercial uses and development. Through long range
planning and public policy, the community, the Planning Department and the Hawai'i County
Council have been explicit on their preference to concentrate commercial and similar types of
uses within the regional town centers of Kea'au and Pahoa or within designated neighborhood
village centers. The granting of this Special Permit request at the subject location would, in fact,
be inconsistent with the goals, policies, actions and preferred land use patterns contained in the
County General Plan and Puna Community Development Plan.
The General Plan articulates Goals, Policies, and Courses of Action for 11
elements for all of the lands in Hawai`i County by District. The proposed commercial use is
inconsistent with the following General Plan Course of Action for commercial development in
the Puna District(Course of Action 14.3.5.1.2 (b)):
Expanded commercial services to meet the needs ofpopulation growth in
the Puna district shall be encouraged in Keaau.
The Puna Community Development Plan (PCDP)was adopted by the Hawaii
County Council, through Ordinance 08 116 on September 10, 2008. The `Managing Growth'
section of the PCDP serves as a policy guide for County decisions regarding physical
development in Puna. It establishes a suggested framework for future growth by identifying the
County's major policies concerning the type and location of future development in order to meet
the goals and objectives of the PCDP, which was created and approved with tremendous
community input and involvement. The PCDP directs commercial growth and development to
town and village centers that are intended to contain a mix of land uses to provide goods and
services to the surrounding agricultural and rural communities. The PCDP specifically identifies
Kea'au as a Regional Town Center for the district and commercial development is directed to
occur within the regional town center boundaries (Puna CDP, pages 5-7):
Commercial development that serves regional uses should be limited to
the "regional town center"boundaries. Commercial development that serves community village
or neighborhood village uses may be located adjacent to a regional town center. Rezoningfor
residential development at higher densities, along with zoningfor associated neighborhood-
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oriented services, may occur within the LUPAG "alternate urban expansions areas, "provided
that such zoningproceeds in phases outwardfrom the designated regional town center.
The subject parcel is located far outside of a designated Regional Town Center boundary.
Specifically, it is over seven miles from Kea'au and four and a half miles from Pahoa Regional
Town Center, not"adjacent to a regional town center".
The PCDP also identifies several locations for development of Neighborhood Village
Centers, which would include commercial uses. Orchidland Neighborhood Village Center was
identified by the community association to be located at Orchidland Drive from Highway 130 to
halfway between 34th and 35th Avenues, which encompasses 15 parcels and an area of about 16
acres (PCDP,page 5-16). The Applicants, therefore, have the opportunity to establish their
proposed clinic in the Orchidland Neighborhood Village Center. However, the current proposal
is inconsistent with the preferred land use pattern and policies espoused in the PCDP.
Furthermore, the Applicants are currently operating a chiropractic clinic in an office
located on Old Volcano Road in Kea`au. The Applicants' stated reasons for relocating the clinic
to the subject property include personal financial considerations, convenience of the location to
patients located in Pahoa and a desire to reduce commuting and traffic. However, a Special
Permit may not be granted based on personal financial considerations. And the stated goal of
providing a location that is convenient to clients in Pahoa would be better served by locating the
business in either Pahoa Regional Town Center or a nearby Neighborhood Village Center,
consistent with the goals of the PCDP. Additionally, traffic will be more efficiently reduced if
clients from Pahoa do not need to travel the four and a half miles to the subject property,
especially considering they would be using a private access road that is already in poor
condition. Providing the proposed services within the designated Regional Town Center of
Kea`au, relocating to Pahoa, or relocating to a Neighborhood Village Center is consistent with
the goals and policies of the PCDP regarding appropriate locations for commercial uses and
development.
Based on the preceding considerations, it is determined that the establishment of a
chiropractic, acupuncture and massage clinic and related improvements at this particular location
will not be a reasonable use of land situated within the Agricultural District, will not promote the
effectiveness and objectives of Chapter 205, H.R.S., as amended, will unreasonably burden
public agencies to provide infrastructure, will not promote the effectiveness and objectives of the
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State Land Use Law, nor will it be consistent with the County of Hawai`i General Plan and Puna
Community Development Plan.
III. DECISION AND ORDER
Based on the foregoing findings of fact and conclusions of law the Commission finds that
the proposed use is not unusual and reasonable and does not promote the objectives of Chapter
205, HRS. Thus, Special Permit Application No. 19-000212 is hereby DENIED.
DATED: Hilo, Hawai`i, 2020.
WINDWARD PLANNING COMMISSION
COUNTY OF HAWAI`I
Thomas Raffipy, Chairman
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BEFORE THE WINDWARD PLANNING COMMISSION OF
THE COUNTY OF HAWAII
EXHIBIT LIST
SPECIAL PERMIT APPLICATION NO. 19-000212 (SPP 19-000212)
APPLICANTS: DEIRDRE AND BENJAMIN IMAGIRE
TAX MAP KEY: (3) 1-6-009:017
Planning Department Exhibit 1: Special Permit Application dated October 25, 2019;
Supplemental Information dated January 31, 2020;
Supplemental Information dated February 25, 2020.
Planning Department Exhibit 2: Department of Public Works, Building Division-
November 19, 2019 Memo.
Planning Department Exhibit 3: Department of Public Works, Engineering Division -
December 11, 2019 Memo.
Planning Department Exhibit 4: Department of Water Supply- December 4, 2019 Letter.
Planning Department Exhibit 5: State Department of Health - November 22, 2019 Memo.
Planning Department Exhibit 6: Department of Land and Natural Resources,Land
Division-December 19, 2019 Letter.
ZENDO KERN PLANNING CONSULTANT
194 Wiwoole St. Hilo,HI 96720
Phone: 808-333-4734
Email: info@zendokern.com
c-
October 25,2019 0 •
Mr. Michael Yee. Director i L
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo,HI 96720
Dear Mr. Yee:
Subject:Special Permit Application
Applicant: Deirdre and Benjamin Imagire
Orchidland,Keaau,Hawaii,TMK: (3) 1-6-009: 017
Transmitted here within for your review and processing is the re-submittal of an application
requesting a Special Permit for the above referenced applicants. The applicants are
requesting a Special Permit that will allow a chiropractic and massage clinic on
approximately one acre of the subject 2-acre parcel of land. The subject site is located off of
Ilima Street,approximately 0.2 miles northwest of Ainaloa Boulevard, between 35th and 36th
Avenue in Orchidland Estates. The subject land is zoned Agriculture 1-acre (A-1a).
If approved, the applicants plan to build two dwellings on the parcel—one dwelling for the
commercial operations of the Chiropractic,Acupuncture and Massage Clinic and the other
dwelling as a residence. A detached treatment room of approximately 150 square-feet is
planned beside the first dwelling.
The transmittal includes the a)twenty (20) sets of the application form and
background/environmental report, which includes the location and proposed site plan; and b)
a Real Property Tax clearance for the subject property. Please note that the original signed
application, an original signed letter of authorization allowing my office to file the
application on the landowners' behalf and a list of surrounding property owners within five
hundred(500) feet of the subject parcel were previously submitted to the Planning
Department in conjunction with the original submission of this application.
We trust that everything is in order for your acceptance and processing of this application.
Ifnot or if there are questions relating to this matter, please feel free to direct them to me.
Thank you very much.
Sincerely,
ZENDO KERN
Planning Consultant
Enclosures
Copy—Deirdre & Benjamin Imagire Planning Dept
Exhibit
SPECIAL PERMIT APPLICATION
COUNTY OF HAWAII H19 JUL P 9 02
PLANNING DEPARTMENT
14.'SUN i , _brai I I• T
Type or Print the requested information) COMM ' OF I't'lfr l
APPLICANT Deirdre and Benjamin Im ire
APPLICANTS SIGNATURE:t'
141 /
DATE: 3//v/
ADDRESS: PO Box 492448. Keaau. HI 96749-2448
c--:=7-
7.1 L/1
S
LIST APPLICANT'S INTEREST IF NOT OWNER: 3
Tr> •
TELEPHONE: (Bus.) 808-333-3393(Agent) (Home) Fax) ry
REQUEST: Special Permit to allow a Chiropractic and Massage Clinic on approximately one acre
of the subject parcel of land
TAX MAP KEY: (3) 1-6-009:017 ZONING; A-1 a
AREA OF PROPERTY/AREA OF REQUESTED USE 2 acres approximately 1 acre
LANDOWNER: Deirdre and Benjamin Imagire
LANDOWNER'S SIGNATURE<a /tc DATE: 31(Of I i
Mays 'y letter)
LANDOWNER'S ADDRESS: PO Box 492448, Keaau, HI 96749
AGENT: Zendo Kern Planning Consultant LLC
ADDRESS: 194 Wiwoole St. Hilo, HI 96720
TELEPHONE: (Bus.)808-333-3393 (Home) Fax)
Please indicate to whom original correspondence and copies should be sent to:
ORIGINAL Agent COPIES: Applicant
128706
Harry Kim os Deanna S.Sako
Mayor v•;;=,'••,!> •, Finance Director
L
Nancy CrawfordNancy
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 Hawai`i Civic Center • 74-5044 Me Keohokalole Hwy. • Bldg.D,2nd Flr. • Kailua Kona,Hawai`i 96740
Fax(808)327-3538 • Appraisers(808)323-4881 • Clerical(808)323-4880
Website:www.hawaiipropertytax.com
REAL PROPERTY TAX CLEARANCE
Rev. 07/13)
Date: October 22, 2019
TMK(s): (3) 1-6-009-017-0000
This is to certify that the real property taxes due to the County of Hawaii on the
parcel(s) listed above have been paid for the tax year 2019-2020, up to and
including June 30, 2020.
The County's real property taxes are levied on July 1St each year. The taxes
become a lien on the property assessed as of the levy date.
This clearance was requested on behalf of IMAGIRE, BENJAMIN for the
County Planning Department and is issued for this/these parcel(s) only.
1-1 4
By Theresa Eckert
REAL PROPERTY TAX DIVISION
Paid up to and including JUNE 30, 2020.
Hawaii County is an Equal Opportunity Provider and Employer
COUNTY BACKGROUND & ENVIRONMENTAL REPORT
COUNTY SPECIAL PERMIT REQUEST
BENJAMIN AND DEIRDRE IMAGIRE
ORCHIDLAND, KEAAU, HAWAII
TMK: (3) 1-6-009: 017
INTRODUCTION
Benjamin and Deirdre Imagire ("applicants") are requesting a Special
Permit that will allow for a Chiropractic, Acupuncture, and Massage Clinic
on an approximate 1-acre portion of the 2-acre subject parcel of land. The
subject site is located off of (lima Street, approximately .2 miles northwest
of Ainaloa Boulevard, between 35th and 36th Avenue in Orchidland Estates
Figure 1). The subject land is zoned Agriculture 1-acre (A-1a).
If approved, the applicants plan to build two dwellings on the parcel; one
dwelling for the commercial operations of the Chiropractic, Acupuncture,
and Massage Clinic and the other dwelling as a residence. A detached
massage treatment room of approximately 150 square-feet is planned
beside the first dwelling (Figure 2).
At a time when the community of Puna is going through a crisis with the
recent volcanic eruptions, housing and health concerns are crucial.
Furthermore, in light of the volcanic activity and its consequences, support
for small business, especially in Puna, is more paramount than ever.
II. PROJECT DESCRIPTION
3A. Project Concept and Components
As noted above, the Applicants wish to establish a Chiropractic,
Acupuncture, and Massage Clinic (Clinic) on a portion of the
subject property. The basic concept of the project would be to allow
two dwellings on the parcel—one dwelling for the commercial
operations of the clinic and the other dwelling as a residence.
The first dwelling, if approved, would be designed and constructed
to meet the required standards for commercial use. This dwelling
would be occupied for residential use at first (Figure 3). No clinic
practice will occur on site until the second dwelling is completed.
While living in the first dwelling, a second dwelling towards the rear
of the property would be constructed to be the applicants' primary
residence. Prior to final inspections for the second dwelling, the first
dwelling would be converted to the Clinic operations and the
residential use would cease, including removal of the kitchen from
2,
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Figure 1
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r MAIN 1 •1DWELLING
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BENJAMIN AARON BROWN IMAGIRE II6R;v'Ew;Ny.
and DEIRDRE LUMINA IMAGIRE r.,. .
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POR.ORCHID LAND ESTATES,KEAAU,PUNA,HAWAII
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Roars- 3
the clinic building. A detached small structure, of approximately 150
square-feet, may be added to serve as a massage treatment room.
The applicants respectfully request the following elements be
allowed in the Special Permit:
1) Proposed hours of operation:
The business is conducted by appointment. Normal hours for
appointments will be between 8:00 AM and 5:30 PM, Monday
through Sunday. Normal business levels include 10-26 hours
per week of appointments.
2) Proposed number of visits/clients per day:
An average of 15 to 20 clients per day are anticipated with an
expected maximum of 40 clients per day.
3) Proposed number of parking stalls:
Four parking stalls plus 1 ADA compliant parking stall are
planned for the clinic.
4) Proposed staff:
Two to Three staff are anticipated.
The construction of the first dwelling is anticipated be done by
January 2020. The 2nd dwelling is planned to be completed within
two years after that, as budget allows. The estimated cost of
construction of the first dwelling is $75,000 (excepting clearing,
septic and catchment). The second dwelling will have a similar cost.
This area is not served by a County sewer system so new
construction will be required to provide an Individual Wastewater
System meeting the requirements of the Department of Health
designed by a civil engineer who is licensed by the State of Hawai'i.
3B. PROJECT LOCATION
As noted earlier, the subject site consists of an approximate 1-acre
portion of the 2-acre parcel identified by TMK: (3) 1-6-009: 017.The
subject site is located off of llima Street, approximately .2 miles
northwest of Ainaloa Boulevard, between 35th and 36th Avenue in
Orchidland Estates (Figure 1).
The 2-acre parcel is rectangular shaped and is currently mostly
covered in vegetation. The subject 1-acre portion of the parcel sits
at approximately 525 ft of elevation. Presently there are no
structures on the site. The remaining 1-acre, at the rear of the
property will be used as the Applicant's principal residence.
2
3C INSTITUTIONAL CONSIDERATIONS
State Land Use
The subject property is designated State Land Use Agriculture and
the special permit will consist of approximately 1-acre of land. As
such, no State Land Use Commission action is required. The
County of Hawaii can process the special permit request.
Special Management Area
The subject property is approximately 5 miles from the coast and
outside of the SMA.
County Zoning and General Plan
The County zoning of the subject site is Agriculture 1 acre (A-1a).
The County General Plan Land Use Pattern Allocation Guide
LUPAG) map, if scaled, designates subject portion of the parcel as
Rural. According to the General Plan, allowable uses within the
Rural Designation, with appropriate zoning, may include
commercial facilities that serve the residential and agricultural uses
in the area, and community and public facilities." Relative to this
designation, the General Plan allows consideration for"a Special
Permit"on agriculture land where the requested use meets certain
criteria as outlined in section 4 of the permit application and chapter
205 of the Hawaii Revised Statutes as amended.
The subject parcel is located within the State Land Use designation
agriculture. Based on the Land Study Bureau Overall Master
Productivity Rating the subject portion of the parcel is classified as
E, or very poor. Under the Agriculture Lands of Importance to the
State of Hawaii (ALISH) classification system, the subject site is
unclassified.
The U.S. Department of Agriculture Soil Conservation Service has
designated the soil type for the subject site as Keaukaha highly
decomposed plant material with 2 to 10 percent slopes; it is well
drained with a high runoff class. The farmland classification is "not
prime" and the mean annual precipitation is 120 to 150 inches.
The parcel is generally flat, sitting at approximately 525 feet
elevation with a slight slope down in a northeasterly direction.
There are no perceptible topographic or geologic constraints.
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.
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.
2.3 Policies
p) Identify the needs of the business community and take
actions that are necessary to improve the business climate.
x) Encourage the health/wellness industry.
9.2 Goals
t) Seek sufficient production of new affordable rental and fee-
simple housing in the County in a variety ofsizes to
satisfactorily accommodate the needs and desires of families
and individuals.
i) Encourage and expand home ownership opportunities for
residents
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
t) Encourage the development and maintenance of
communities meeting the needs of its residents in balance
with the physical and social environment
4
14.1.4 Standards
b) Zoning requests shall be reviewed with respect to General
Plan designation, district goals, regional plans, State Land
Use District, compatibility with adjacent zoned uses,
availability of public services and utilities, access and public
need
Approval of the requested Special Permit would be in line with the
aforementioned economic and housing goals, policies and
standards of the General Plan by facilitating the applicants' housing
and employment needs.
Also, the applicants' request conforms to the aforementioned land
use elements of the General Plan. Although the County zoning of
the subject parcel and surrounding parcels is Agricultural, these
parcels are further defined by their LUPAG designation as Rural.
As such, the proposed project would be consistent with the general
residential nature of the area. Further, the Rural designation, which
according to the General Plan allows, with a Special Permit,
commercial facilities that serve the residential and agricultural uses
in the area, and community and public facilities," would allow for
such a clinic. Since the Land Study Bureau Overall Master
Productivity classification of the subject parcel is E, or very poor,
the parcel's agricultural value is limited, making a
commercial/community facility a more viable option for the
landowners.
Puna Community Development Plan
The Puna Community Development Plan (PCDP) attempts to
further define the General Plan and serves as a guide for decision-
makers. Based on the Puna Community Development Plan's goals
and objectives, the proposed project is conducive for the Puna
community as it conforms to the following goals of the PCDP:
3.1.1 Goals
a. Puna retains a rural character while it protects its native natural
and cultural resources.
b. The quality of life improves and economic opportunity expands
for Puna's residents.
c. Services and community facilities are more accessible in
village/town centers that are distributed throughout the region,
5
including the underserved subdivisions that have been
experiencing higher levels of development growth.
3.3 SOCIAL SERVICES AND HOUSING
Social services include not only programs to provide assistance to
special needs populations, but also health and medical facilities to
serve the entire community. "Medical facilities", in this instance,
does not apply to County emergency paramedical services, which
are covered in the following Section 3.4. With a growing population,
Puna clearly needs more social and health care services within the
district. Yet, there are two major challenges to making them
accessible to residents:
a. As a rural area with a rudimentary transportation system and
dispersed population, it is difficult for residents in need to reach
the services; and
b. Puna's high percentage of low-income residents tends to
increase the need for social services, yet discourages private
health care providers from locating in Puna due to insurance
issues.
The proposed Clinic meets the criteria outlined above. The PCDP
does make an effort to keep new growth within the village town
center, however this Special Permit request would allow for a small-
scale family owned and operated health facility that could
potentially be more conveniently located to serve residents within
the surrounding rural area.
Further, with the volcanic activity affecting the Pahoa Village
businesses and causing a substantial amount of lost revenues, it is
essential to help our local businesses grow and succeed. This
request is to allow for a small, local, family-run business to be
developed and operated with the intention of improving the health
of the community. In addition, it will also increase property tax
revenues at a time when an impending budget crisis looms due to
the loss of property values affected by the lava flows.
The request is not for a change of zone allowing many different
possible uses. The conditions of the Special Permit will limit the
operations to what is defined within the Special Permit request.
Based on the above, it would seem logical to allow the proposed
use on the property by way of a Special Permit.
6
3D SURROUNDING ZONING AND LAND USES
The subject parcel consists of 2 acres; the applicant wishes to
obtain a permit to use the 1-acre portion of the parcel that is on the
southeastern side, fronting (lima Street. The parcel is zoned A-la
within the State Land Use Agriculture District. The surrounding
parcels in all directions are also zoned A-1 a and are also all 2-
acres in size with the exception of one 1-acre parcel to the
northeast of the subject site.
3E FLOOD INSURANCE RATE MAP
The US Corps of Engineers' Flood Insurance Rate Map (FIRM)
designates the area of the proposed development to be in Zone X
areas outside of 500-year flood). There are no drainage ways
through the site. Accordingly, the site has not been and should not
be subject to flooding.
3F ARCHAEOLOGICAL RESOURCES
No commissioned archaeological survey of the site has been made.
The distance to the coastline and lack of native resources in the
area makes early habitation unlikely. However, if needed, an
archaeological monitoring plan can be prepared and implemented
in conjunction with further land clearing activity.
Furthermore, in the event any inadvertent discoveries are made
during any land disturbance activity relating to this project, work will
cease and the applicant will immediately notify the Planning
Department and the State DLNR and secure their clearances
before proceeding further.
3G FLORAL AND FAUNAL RESOURCES
Although there was no professional survey conducted of the floral
and faunal resources of the site, the applicant does not believe that
rare or endangered floral or faunal resources are likely to be found
within or proximate to the subject site.
The subject site is geologically and ecologically very young, having
little time to develop a complex native forest. The site has been
overgrown by "cane" grass and non-native species for years, which
is true of the majority of surrounding properties as well. Further, the
rural nature of the surrounding areas would make it less likely to
find endangered animal life in this area. Given its elevation,
however, it would be possible to find the Hawaiian Hawk (1'o) and
the Hawaiian Owl (Pueo).
In addition, introduced bird species (such as dove, Japanese
White-eye, house finch, myna) are common in this area. Domestic
animals such as cats and dogs, and other animals like rats and
mongoose are also common. These are all common and not
endangered.
As such, it is unlikely that the development of the subject property
would cause any adverse faunal impacts.
3H Valued Cultural Resources
In view of the recent Hawaii State Supreme Court's "PASH" and
Ka Pa'akai 0 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.
In this situation, the subject site is not adjacent and/or proximate to
the shoreline. As such, fishing and/or coastal access is not an
issue.
It is not known whether the subject property or immediate
surrounding area have ever been used for the gathering of plants
by native Hawaiians. However, it would appear very unlikely that
the site would serve such purpose today and/or in the recent past.
There are also no known archaeological features on the subject
property.
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 this area.
31 PUBLIC ACCESS
The subject parcel is located approximately 5-miles from the
shoreline. As such, no public access will be affected by this
request.
3J DESCRIPTION OF ACCESS
The subject parcel is accessed via Ilima Street, part way between
35th and 36th Avenue in Orchidland Estates. Vehicles will have a
8
clear ingress and egress into the proposed parking stalls from (lima
Street. Based on the existing conditions of(lima Street, it appears
no improvements would be required for the proposed use.
3K TRAFFIC IMPACTS
The proposed project is located on llima Street, a side street
between 35th and 36th Avenue approximately .2 miles from Ainaloa
Boulevard. Traffic in this area is generally low and made up
primarily by residents of the area. The proposed use would
generate an increase in traffic to the subject site, however the
increase would be very minimal. As noted above, the applicant
anticipates approximately 15 to 20 patients per day during the
hours of operation. This equates to roughly 2 to 3 cars per hour.
This level of traffic is no different than residential levels with the
exception of a slightly greater frequency. The Orchid Land Road
Association was also consulted regarding driveway connections to
Ilima Street. Their only comment was to prefer driveways be
surfaced in gravel, with no regulation as to number of driveways.
3L AVAILABILITIES OF UTILITIES
HELCO and Hawaiian Telcom both serve the subject parcel. There
is no County Water in the area. The applicant intends to use water
catchment storage systems for non-potable water and fire
protection. According to the rainfall atlas for Hawaii Island, the
subject site receives 130 to 150 inches of rain annually, which is
adequate for rain catchment systems.
REGULATORY ANALYSIS
4A The granting of this request would promote the effectiveness and
objectives of Chapter 205, Hawaii Revised Statutes as amended.
The proposed use is not contrary to Chapter 205A, Coastal Zone
Management as the subject parcel is approximately five miles from
the shoreline. There are no public access, scenic or open space
resources on the subject site.
4B The desired use shall not adversely affect the surrounding
properties. There are few homes approximate to the subject site
and many of the properties in the area are overgrown by non-native
species creating a natural buffer. All patrons will park onsite in
parking stall provided by the applicant. Based on the number of
patrons and frequency of visits, the proposed request will not
generate a substantial increase in traffic.
9
Additionally, based on the proposed hours of operation, the
requested use will not interfere with morning school and work
traffic. Traffic in the afternoon would essentially be similar to
common residential traffic.
Further, the applicants' business is very quiet by nature and will not
cause a nuisance to the surrounding community regarding sound.
The applicant will comply with residential sound levels which will
help maintain the existing conditions of the community.
Lastly, visual impacts will be very minimal. Although a portion of the
lot will need to be cleared for construction, the applicants intend to
provide landscaping so as maintain visual effects that are
consistent with the rural neighborhood.
4C The proposed clinic will not unreasonably burden public agencies to
provide roads and streets, sewers, water, drainage, school
improvements, and police and fire protection as all services exist
reasonably proximate to the property. The subject site is already
accessible via (lima Street and no additional utilities will need to be
provided by public agencies. There is already a Fire and Police
Station approximately 3 miles from the subject site. Also, Pahoa
High, Intermediate and Elementary Schools are approximately 5
miles away along with several other public charter schools.
4D Unusual conditions, trends, and needs have arisen since the district
boundaries and regulations were established. The population of the
Puna district has risen over the past years; services and job
opportunities have not. Allowing a Special Permit to conduct a
small, family owned and operated clinic will provide the land owners
with employment and provide health services in closer proximity to
the growing rural population of the Orchidland Subdivision.
Further, traffic on Hwy 130 going to Hilo is becoming an increased
concern for many residents; having more options within the general
location will ease the burden on traffic to and from Hilo.
Lastly, the Pahoa area has been growing over the past decades
and continues to be in desperate need for a variety of services.
This special permit request addresses a specialized segment of the
needed service options available in Pahoa.
4E The land upon which the clinic would be located is unsuitable for
agricultural uses given its soil classification. The soil is classified as
E, or very poor with Land Study Bureau making it undesirable for
commercial agriculture. Although the property falls under the State
Land Use District Agriculture, the nature of the area is more
io
accurately depicted by its LUPAG designation as rural. Thus, a
residence with a small family owned and operated business serving
the local community would be a suitable use of the land which
otherwise would be unlikely to be successfully used for agriculture
due to its poor soil quality.
4F The proposed use will not substantially alter or change the
essential character of the land and the present use. By allowing the
applicant to build their home and business, they will utilize a parcel
of land that would otherwise be overgrown by invasive species. As
the soil quality of the land is very poor, it is unlikely that the property
would be successfully used for agriculture. Thus, the proposed use
would utilize the land to its highest and best use thereby meeting
the criteria of this section.
4G The proposed use will not be contrary to the goals, polices, and
standards of the General Plan and other applicable documents
such as the Puna Community Development Plan. The General Plan
states under Economic goals 2.2A, "Provide residents with the
opportunity to improve their quality of life through economic
development that enhances the county's natural and social
environments", and 2.2B "Economic development and
improvements shall be in balance with the physical, social, and
cultural environments of the Island of Hawaii". In addition, it states
under 2.2E Economic Goals, "Strive for an economic climate that
provides its residents an opportunity for choice of occupation". The
proposed request clearly meets the goals of the GP outlined above.
The proposed clinic will provide an opportunity for the land owners
to be self-employed in a manner that serves the health and
wellness of their community, providing a convenient location for
many residents of Puna to seek chiropractic, acupuncture, and
massage services.
The Puna Community Development Plan (PCDP) attempts to
further define the General Plan and serves as a guide for decision-
makers. Based on the Puna Community Development Plan's goals
and objectives, the proposed project is conducive for the Puna
community as it conforms to the following goals of the PCDP:
3.1.1 Goals
a. Puna retains a rural character while it protects its native
natural and cultural resources.
b. The quality of life improves and economic opportunity
expands for Puna's residents.
c. Services and community facilities are more accessible in
village/town centers that are distributed throughout the
II
region, including the underserved subdivisions that have
been experiencing higher levels of development growth.
3,3 SOCIAL SERVICES AND HOUSING
Social services include not only programs to provide assistance to
special needs populations, but also health and medical facilities to
serve the entire community. "Medical facilities", in this instance,
does not apply to County emergency paramedical services, which
are covered in the following Section 3.4. With a growing population,
Puna clearly needs more social and health care services within the
district. Yet, there are two major challenges to making them
accessible to residents:
c. As a rural area with a rudimentary transportation system and
dispersed population, it is difficult for residents in need to reach
the services; and
d. Puna's high percentage of low-income residents tends to
increase the need for social services, yet discourages private
health care providers from locating in Puna due to insurance
issues.
The proposed Clinic meets the criteria outlined above. The PCDP
does make an effort to keep new growth within the village town
center, however this special permit request would allow for a small
scale health facility that could potentially be more conveniently
located to serve residents within the surrounding rural area.
Further, with the volcanic activity affecting the Pahoa Village
businesses and causing a substantial amount of lost revenues, it is
essential to help our local businesses grow and succeed. This
request is to allow for a small, local, family-run business to be
developed and operated with the intention of improving the health
of the community. In addition, it will also increase property tax
revenues at a time when an impending budget crisis looms due to
the loss of property values affected by the lava flows.
The request is not for a change of zone allowing many different
possible uses. The conditions of the Special Permit will limit the
operations to what is defined within the Special Permit request.
Based on the above, it would seem logical to allow the proposed
use on the property by way of a Special Permit.
4H The proposed use is an unusual and reasonable use of the land,
which would not be contrary to the objectives to be sought by the
Land Use Law and Regulations, which, for the Agriculture and
Rural Districts, seek to preserve or keep the land of high agriculture
I2
potential in agriculture usage. As noted earlier the site is classified
by the Land Study Bureau as E, or very poor, and is unclassified
under ALISH. The proposed use will allow a parcel of land
unsuitable for agriculture related purposes to be utilized to provide
housing and employment to the landowners while at the same time
serving the health and wellness of the surrounding Puna
community.
In conclusion, the proposed Special Permit request would provide Puna
with additional health services without burdening public agencies or the
surrounding community.
13
ZENDO KERN PLANNING CONSULTANT
194 Wiwoole St. Hilo, HI 96720
Phone: 808-333-4734
Email: info@zendokern.com
January 31, 2020
tic
Mr. Michael Yee, Director
Planning Department
COUNTY OF HAWAII
CO
101 Pauahi Street
Hilo, HI 96720 t
i
T
Dear Mr. Yee: 1-
Subject:Attn: Christian Kay i-
SpecialSpecial Permit Application (SPP 19-000212)
Applicant: Deirdre and Benjamin Imagire
Orchidland, Keaau,Hawaii,TMK: (3) 1-6-009: 017
Transmitted here within for your review and processing is the supplemental information
previously requested by your office regarding the subject application.
We trust that everything is in order for your acceptance and processing of this application.
If not, or if there are questions relating to this matter,please feel free to direct them to me.
Thank you very much.
Sincerel
ZENDO KERN
Planning Consultant
Enclosures
Copy—Deirdre & Benjamin Imagire
131046
ZENDO KERN PLANNING CONSULTANT
194 Wiwoole St. Hilo, HI 96720
Phone: 808-333-4734
Email: info@zendokern.com
January 28, 2020
Mr. Michael Yee, Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Yee:
Subject:Special Permit Application
Applicant: Deirdre and Benjamin Imagire
Orchidland, Keaau, Hawaii,TMK: (3) 1-6-009: 017
Pursuant to our conversations regarding the above Special Permit Application please see the
following clarifications and supplemental information. The applicants are requesting a
Special Permit that will allow a chiropractic, acupuncture and massage clinic on
approximately one acre of the subject 2-acre parcel of land. The subject site is located off of
Ilima Street, approximately 0.2 miles northwest of Ainaloa Boulevard, between 3511' and 36th
Avenue in Orchidland Estates. The subject land is zoned Agriculture I-acre (A-1a).
If approved, the applicants plan to build two primary structures and one small accessory
structure on the subject parcel. Plans include:
Build one structure to commercial standards, initially to be used as a dwelling.
After construction of the first structure is completed and as fiends allow, the primary
dwelling will be permitted and built on the back of the subject property.
The first structure will be converted to clinic use prior to occupancy of the primary
dwelling.
A small detached structure, of approximately 150 square-feet, may be added beside
the clinic building to serve as a massage treatment room.
The special permit is sought to allow the design of the first structure to comply with
commercial standards and allow the initiation of a building permit for the primary residence,
while the first structure is used temporarily as a dwelling. Prior to occupancy of the primary
dwelling, residential use of the first dwelling will cease, and it will be converted to clinic
use.
At no point will the residential use and clinic use of the first structure occur simultaneously.
Also, at no point will two dwellings be in simultaneous use on the subject property. The
applicants expect to complete all project improvements within five years of approval.
ZENDO KERN PLANNING CONSULTANT
194 Wiwoole St. Hilo, HI 96720
Phone: 808-333-4734
Email: info@zendokem.com
Discussion of the proposed project's conformance to the goals and policies of the Puna
Community Development Plan (PCDP) was included in section 3C of the County
Background& Environmental Report, however, supplemental discussion follows.
Under 3.1.1(a) Goals, the PCDP states Services and communityfacilities are more
accessible in village/town centers that are distributed throughout the region. Including the
underserved subdivisions that have been experiencing higher levels of development growth.
To this end the PCDP recommends land pooling, enhancing the roles of existing
village/town centers and creating new village/town centers. However, to date,these
objectives have largely not been met.
Instead of waiting for the potential future development of increased commercial space in
existing town centers or the creation of new town centers, this Special Permit request would
allow for a small-scale family owned and operated health facility that could potentially be
more conveniently located to serve residents within the surrounding rural area.
We trust that everything is in order for your acceptance and processing of this application.
If not or if there are questions relating to this matter, please feel free to direct them to me.
Thank you very much.
Sincerely,
ZENDO KERN
Planning Consultant
Enclosures
Copy—Deirdre& Benjamin Imagire
PP-1\tii-
Kay, Christian
fin S
From: John Pipan <john@zendokern.com>
Sent: Tuesday, February 25, 2020 8:15 At tl i `P TNT
To:Kay, Christian 71 '; t 1-i,`nA'si
Subject: Imagirie SPP Floor Plans TMK: 1-6-009: 017
Attachments: IMAGIRE CLINIC FLOOR PLAN.pdf; IMAGIRE DETACHED TREATMENT ROOM FLOOR
PLAN.pdf; Imagirie SFR Concept.pdf
Aloha Christian,
Please see attached floor plans for the planned structures on the above referenced Special Permit.
Let me know if you have any questions.
Best,
John Pipan
Land Use Administrator
Kern &Associates
Ph: 808-333-3393
r
KERN
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BUILDING DIVISION - DPW
COUNTY OF HAWAI'I--74-5044 Ane Keohokalole HWY. BLDG E 1St Floor KAILUA-KONA, HI 96740
Hilo Office(808)961-8331 *Fax(808)961-8410 Kona Office(808)323-4720 * Fax(808)327-3509
Date of Notice: November 19, 2019
Owner: Dierdre& Benjamin Imagiare
Mailing address:P.O. Box 492448,
Address location of property: Q
SUBJECT: Special Permit Application (SPP 19-000212) r
T.M.K.: 1-6-009: 017 r=' ^
4
This is to inform you that our records on file,relative to the status of the subject, discloses that:
No Building permit was issued for work done on the premise.
l No building permit was issued for the change of occupancy.
At the time of completion,the subject complied with all building regulations that were in
effect.
Variance from any building regulation(Building, Electrical, Plumbing,or Sign)was/was not
granted.
The following violation(s) still outstanding:
n Building Electrical Plumbing n Sign
Others: (See Below)
No Objections
The proposed use was not provided so a decision cannot be recommended. The use of a dwelling
as a business would not be acceptable as shown. Conversion to a business use would require a
Change of Use"application and compliance with the Building Code(Chapter 5)along with
compliance with the American with Disabilities Act(ADA) including parking, signage, path of
travel, thresholds, clearances, etc. The Bathroom Shower would be required to be accessible and
include a changing area and the water closet centerline and clearances would be based on the
ADA and not the residential code. Kitchens and cabinets may require compliance with the State
Department of Health and County Fire Department codes and regulations.
Shou e you have : questions regarding matters contained herein, please feel free to contact us.
I Planning Dept
Exhibit 2
Neil Erickson, Plans Examining Manager
County of Hawaii Department of Public Works Building Division
1- 29692
BD-10
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
DATE: December 11, 2019
Neatendadaat
TO: Michael Yee, Planning Director
FROM: Department of Public Works, Engineering Division '
SUBJECT: SPECIAL PERMIT APPLICATION (SPP 19-000212)
Applicant: Dierdre & Benjamin Imagiare
Request: To Allow a Chiropractic & Massage Clinic and Related
Improvements
TMK: 1-6-009:017
We have reviewed the subject application forwarded by your memo dated November 19,
2019 and provide the following comments:
1. All earthwork activity, including grading, grubbing and stockpiling, shall conform
to Chapter 10, Erosion and Sedimentary Control, of the Hawaii County Code.
2. All development-generated runoff shall be disposed of on site and not directed
toward any adjacent properties. A drainage plan may be required by the Plan
Approval process in accordance with Section 25-2-72(3) of the Hawaii County
Code.
3. 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.
Questions may be referred to Bryce Harada at 961-8042.
Planning Dept.
Exhibit.
County of Hawaii is an Equal Opportunity Provider and Employer
ell:teas..
f( if
191 i49
DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII
P 345 KEKUANAO`A STREET, SUITE 20 • HILO, HAWAII 96720
TELEPHONE(808)961-8050 • FAX(808)961-8657
December 4. 2019
TO: Mr. Michael Yee, Director n
Planning Department
a
FROM: Keith K. Okamoto, Manager—Chief Engineer
SUBJECT: Special Permit Application (SPP 19-000212)
Applicant—Dierdre and Benjamin Imagiare
Request—To Allow a Chiropractic & Massage Clinic and Related Improvements
Tax Map Key 1-6-009:017
We have reviewed the subject application and have the following comments and conditions.
Please be informed that the subject property is not within the service limits of the Department's
existing water system facilities.
Therefore, the Department's existing water system facilities cannot support the proposed project at this
time. Extensive improvements and additions, which may include, but not be limited to source, storage,
booster pumps. transmission, and distribution facilities, would be required.
Should there be any questions, please contact Mr. Troy Samura of our Water Resources and Planning
Branch at 961-8070, extension 255.
Sincerely yours,
Ke±Okato. P. .
Manager—Chief Engineer
TS:dfg
copy -- Mr. Benjamin and Ms. Dierdre Imagiare
Planning Dept.
Exhibit
Water, Our Most Precious Resource. . . Na WaiA pane. . . 12 9 i 4 0
The Department of Water Supply is an Equal Opportunity provider and employer.
Mori, Ashley
From: Nakamura, Darlene K <darlene.k.nakamura@hawaii.gov>
Sent: Friday, December 20, 2019 8:54 AM
To: Planning Internet Mail
Subject:Request for Comments - SPP 19-000212 - Dierdre& Benjamin Imagiare
Attachments: Imagiare 12.19.19.pdf
Attached are comments from the Hawaii Department of Land and Natural Resources to the above-entitled
subject project.
J
3
vl
Planning Dept
Exhibit
1 130002
0>Fz" SUZANNE D.CASE
DAVID Y.IGE yt,19ss^
bZA
CI IE ERSON
GOVERNOR OF HAWAII
BOAIM OrLA1NDANDNTURAL RESOURCES
ji 2COMMISSION ON WATER RESOURCE
k. MANAGEMENT
l ytet andN i y f IR
1 ;.....212,-
STATE OF HAWAII
stale DEPARTMENT OF LAND AND NATURAL RESOURCES
LAND DIVISION
POST OFFICE BOX 621
HONOLULU,HAWAII 96809
December 19, 2019
County of Hawaii
Planning Department
Attention: Mr. Christian Kay via email: planninq(a?hawaiicountv.gov
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
Dear Mr. Kay:
SUBJECT: Special Permit Application (SPP 19-000212) — Request to Allow a
Chiropractic & Massage Clinic and Related Improvements located at
16-214 'lima Street, Por. Orchid Land Estates, Keaau, Puna, Island of
Hawaii; TMK: (3) 1-6-009:017 on behalf of Dierdre & Benjamin Imagiare
Thank you for the opportunity to review and comment on the subject matter. The Land
Division of the Department of Land and Natural Resources (DLNR) distributed or made
available a copy of your request pertaining to the subject matter to DLNR's Divisions for their
review and comments.
At this time, enclosed are comments from the (a) Engineering Division, (b) Division of
Forestry & Wildlife, and (c) Land Division — Hawaii District on the subject matter. Should you
have any questions, please feel free to contact Darlene Nakamura at (808) 587-0417 or email:
darlene.k.nakamura a(hawaii.gov. Thank you.
Sincerely,
Oir•
1 7
06.1 " ussell Y. Tsuji
Land Administrator
Enclosures
cc: Central Files
DAVID Y.IGE kP 19'5: y\ CHAIRPERSON
GOVERFIOH OF 1-AWAY.c 110aRD OF 1 ASDVD S ATt.NaL RESOVRCE;S
COAIt11SSIO'.ON W-ITER RESOURCE
1.'} t AIkNAGF i',IE\T
oA
lax1landaA,d, y',:step
Ur N.,• xTMn Y°>'r
STATE OF HAWAII
s)areotttar ° DEPARTMENT OF LAND AND NATURAL RESOURCES
LAND DIVISION
POST OFFICE BOX 621
HONOLULU,HAWAII 96/109
November 26, 2019
MEMORANDUM
DLNR Agencies:
Div.of Aquatic Resources
INCI'\ Div. of Boating &Ocean Recreation
X Engineering Division
X Div. of Forestry &Wildlife
Div. of State Parks
X Commission on Water Resource Management
Office of Conservation & Coastal Lands
X Land Division— Hawaii District
X Historic Preservation
F Russell Y. Tsuji, Land Administrator
SUBJECT: Special Permit Application (SPP 19-000212)— Request to Allow a
Chiropractic & Massage Clinic and Related Improvements
LOCATION: 16-214 Illma Street, Por. Orchid Land Estates, Keaau, Puna,
Island of Hawaii; TMK: (3) 1-6-009:017
APPLICANT:County of Hawaii on behalf of Dierdre & Benjamin tmagiare
Transmitted for your review and comment is information on the above-referenced
subject matter. Please submit comments by December 16, 2019.
If no response is received by this date, we will assume your agency has no comments.
If you have any questions about this request, please contact Darlene Nakamura at 587-0417 or
by email at darlene.k.nakamura(a hawaii.gov. Thank you.
We have no objections.
We have no comments.
Comments are attache
Signed: l '' '
Print Name: S. 6 '"g, Chief Engineer
Date:7/?i! /((i
Attachments
cc: Central Files
DEPARTMENT OF LAND AND NATURAL RESOURCES
ENGINEERING DIVISION
LD/Russell Y. Tsuji
Ref: Special Permit Application (SPP 19-000212)—Request to Allow a
Chiropractic & Massage Clinic and Related Improvements
Location: 16-214 Ilima Street, Por. Orchid Land Estates,Keaau,Puna,
Island of Hawaii
TMK(s): (3) 1-6-009:017
Applicant: County of Hawaii on behalf of Dierdre &Benjamin Imagiare
COMMENTS
The rules and regulations of the National Flood Insurance Program(NFIP),Title 44 of
the Code of Federal Regulations (44CFR), are in effect when development falls within a
Special Flood Hazard Area(high risk areas). State projects are required to comply with
44CFR regulations as stipulated in Section 60.12. Be advised that 44CFR reflects the
minimum standards as set forth by the NFIP. Local community flood ordinances may
stipulate higher standards that can be more restrictive and would take precedence over the
minimum NFIP standards.
The owner of the project property and/or their representative is responsible to research
the Flood Hazard Zone designation for the project. Flood Hazard Zones are designated
on FEMA's Flood Insurance Rate Maps (FIRM), which can be viewed on our Flood
Hazard Assessment Tool (FHAT) (http://gis.hawaiinfip.org/FHAT).
If there are questions regarding the local flood ordinances, please contact the applicable
County NFIP coordinating agency below:
o Oahu: City and County of Honolulu, Department of Planning and Permitting
808) 768-8098.
o Hawaii Island: County of Hawaii, Department of Public Works (808) 961-8327.
o Maui/Molokai/Lanai County of Maui, Department of Planning (808) 270-7253.
o Kauai: County of Kauai, Department of Public Works (808)241-4896.
C
Signed:
Y S. G,CHIEF ENGINEER
l/2-Date: JJJ
DAVID Y.IGE o BRUCE S.ANDERSON PhD.GOVERNOR OF HAWAII s'. ;....gra
PYiJjg 59 ••.. DIRECTOR OF HEALTH
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Al
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1`.ay
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St ori." '. r Y3,S•
STATE OF HAWAII
DEPARTMENT OF HEALTH
P.O.BOX 916
HILO,HAWAII 96721-0916
v
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MEMORANDUM
v
n
DATE: November 22, 2019
TO: Mr. Michael Yee
Planning Director, County of Hawaii
FROM: Eric Honda
District Environmental Health Program Chief
SUBJECT: Special Permit Application (SPP-19-000212)
Applicant: Dierdre & Benjamin Imagiare
Request:To Allow a Chiropractic & Massage Clinic and Related
Improvements
TMK: 1-6-009:017
The applicant would need to meet the requirements of our Department of Health Air Pollution
Rules, Chapter 60.1, Title 11, State of Hawaii for fugitive dust control. If there is need to discuss
these requirements,please contact our Clean Air Branch staff at Ph. 933-0401.
Public Water Systems: The Department of Health's Safe Drinking Water Branch authority on
drinking water quality is based on the definition of a"public water system." Federal and state
regulations define a public water system as a system that serves 25 or more individuals at least
60 days per year or has at least 15 service connections. All public water system owners and
operators are required to comply with Hawaii Administrative Rules, Chapter 11-20 (HAR 11-
20), and titled "Rules Relating to Public Water Systems". All public water systems are regulated
by the Department of Health and shall be in compliance with the Hawaii Administrative Rules,
Title 11, Chapter 20. Recommend the subdivision lots be connected to an existing public water
system.
Concerns on water quality for lead, copper, algae and microbiological and chemical
contaminations in private water systems have identified the need for self monitoring. The
Department of Health does not support the use of these private rain catchment systems for
drinking purposes since the quality may not meet potable water standards.
All new public water systems are required to demonstrate and meet minimum capacity
requirements prior to their establishment, per HAR 11-20-29.5, titled"Capacity Demonstration
and Evaluation." This requirement involves demonstration that the system will have satisfactory
technical, managerial and financial capacity to enable the system to comply with safe drinking
water standards and requirements.
Planning Dept 9 5 5 0
Exhibit
1
Michael Yee
November 22, 2019
Page 2 of 6
Projects that propose development of new sources of potable water serving or proposed to serve
a public water system must comply with the terms of HAR 11-20-29. This section requires that
all new public water system sources be approved by the Director of Health(Director)prior to its
use. Such approval is based primarily upon the submission of a satisfactory engineering report
which addresses the requirements specified in HAR 11-20-29.
The engineering report must identify all potential sources of contamination and evaluate
alternative control measures which could be implemented to reduce or eliminate the potential for
contamination, including treatment of the water source. In addition, water quality analyses for
all regulated contaminants, performed by a laboratory certified by the State Laboratories
Division of the State of Hawaii, must be submitted as part of the report to demonstrate
compliance with all drinking water standards. Additional parameters may be required by the
Director for this submittal or additional tests required upon his or her review of the information
submitted.
All sources of public water system sources must undergo a source water assessment which will
delineate a source water protection area. This process is preliminary to the creation of a source
water protection plan for that source and activities which will take place to protect the source of
drinking water.
Projects proposing to develop new public water systems or proposing substantial modifications
to existing public water systems must receive construction plans approval by the Director prior to
construction of the proposed system or modification in accordance with HAR 11-20-30, titled
New and Modified Public Water Systems". These projects include treatment, storage and
distribution systems of public water systems. The approval authority for projects owned and
operated by a County Board or Department of Water or Water Supply has been delegated to
them.
All public water systems must be operated by certified distribution system and water treatment
plant operators as defined by HAR 11-25 titled, "Rules Pertaining to Certification of Public
Water System Operators".
All projects which propose the use of dual water systems or the use of a non-potable water
system in proximity to an existing potable water system to meet irrigation or other needs must be
carefully design and operate these systems to prevent the cross-connection of these systems and
prevent the possibility of backflow of water from the non-potable system to the potable system.
The two (2) systems must be clearly labeled and physically separated by air gaps or reduced
pressure principle backflow prevention devices to avoid contaminating the potable water supply.
In addition backflow devices must be tested periodically to assure their proper operation.
Further, all non-potable spigots and irrigated areas should be clearly labeled with warning signs
to prevent the inadvertent consumption on non-potable water. Compliance with HAR Chapter
11-21, titled Cross-Connection and Backflow Control is also required.
All projects which propose the establishment of a potentially contaminating activity (as
identified in the Hawai'i Source Water Assessment Plan) within the source water protection area
of an existing source of water for a public water supply should address this potential and
Michael Yee
November 22, 2019
Page 3 of 6
activities that will be implemented to prevent or reduce the potential for contamination of the
drinking water source.
For further information concerning the application of capacity, new source approval, operator
certification, source water assessment, backflow/cross-connection prevention or other public
water system programs, please contact the SDWB at 586-4258.
The Department of Health(DOH), Clean Water Branch (CWB), acknowledges receipt of the
subject document on date . The CWB has reviewed the limited information contained in
the subject document and offers the following comments:
Permit Issuance
Any project and its potential impacts to State waters must meet the State's:
1) Antidegradation policy, which requires that the existing uses and the level
of water quality necessary to protect the existing uses of the receiving
State water be maintained and protected;
2) Designated uses, as determined by the classification of the receiving State
waters; and
3) Water quality criteria [Hawaii Administrative Rules (HAR), Chapter 11-541,
A Section 401 Water quality Certification(WQC) is required if your
project/activity:
Requires a federal permit, license, certificate, approval, registration, or
Statutory exemption; and
May result in a discharge into State waters. The term"discharge" is
defined in Clean Water Act, Subsections 502(16), 502(12), and 502(6).
Examples of"discharge" include, but are not limited to, allowing the
following pollutants to enter State waters from the surface or in-water:
solid waste, rock/sand/dirt, heat, sewage, construction debris, any
underwater work, chemicals, fugitive dust/spray/paint, agricultural wastes,
biological materials, industrial wastes, concrete/sealant/epoxy, and
washing/cleaning effluent.
Determine if your project/activity requires a federal permit, license, certificate,
approval, registration, or statutory exemption by contacting the appropriate
federal agencies (e.g. Department of the Army (DA), U.S. Army Corps of
Engineers (COE), Pacific Ocean Division Honolulu District Office (POH)Tel:
808-835-4303; U.S. Environmental Protection Agency Tel: 415-947-8021;
Federal Energy Regulatory Commission Tel: 866-208-3372; U.S. Coast Guard
Office of Bridge Programs Tel: 202-372-1511).
To request a Section 401 WQC, you must complete and submit the Section 401
WQC application. This application is available on the e-Permitting Portal website
located at: https://eha-cloud.doh.hawaii.gov/epermit/.
Please see.HAR, chapter 11-54 for the State' Water Quality Standards and for
more information on the Section 401 WQC. HAR, Chapter 11-54 is available on
the CWB website at: http://health.hawaii.aov/cwb,.
Michael Yee
November 22, 2019
Page 4 of 6
National Pollutant Discharge Elimination System (NPDES) permit coverage is
required for:
Storm water associated with construction activities for land disturbances of
one (1) acre or more. Land disturbance includes, but is not limited to,
clearing, grading, grubbing, excavation, demolition, uprooting of vegetation,
equipment staging, and storage areas.
Storm water associated with industrial activities for facilities with Standard
Industrial Classification Codes regulated in 40 CFR 122.26(b)(14)(i)through
ix) and (xi).
Storm water and certain non-storm water from a small Municipal Separate
Storm Sewer System.
Discharges of water pollutants into State surface waters. Examples of these
discharges include, but are not limited to, cooling water, hydrotesting waters,
dewatering effluent, and process wastewater.
Discharges from the application of pesticides (including pesticides,
herbicides, fungicides, rodenticides, and various other substances to control
pest) to State waters.
An application for an NPDES individual permit must be submitted at least 180
calendar days before the commencement of the discharge or start of construction
activities. To request and NPDES individual permit, you must complete and
submit the NPDES individual permit application. This application is available on
the e-Permitting Portal website located at:
https://eha-cloud.doh.hawaii.gov/epermiti.
A Notice of Intent (NOI) for coverage under a specific NPDES general permit
must be submitted at least 30 calendar days before the commencement of the
discharge or start of construction activities. To request NPDES general permit
coverage, you must complete and submit the NOI. The NO1 is available on the
e-Permitting Portal website located at:
hups://eha-cloud.doh.hawaii.gov/epermit/.
Please see HAR, Chapter 11-55 for more information on the NPDES individual
permit and NPDES general permits. The specific NPDES general permits
located in HAR, Chapter 11-55, Appendices B through M. HAR, Chapter 11-55
and HAR, Chapter 11-55, Appendices B through M are available on the CWB
website at: http://health.hawaii.gov!cwb/.
According to State law, all discharges related to the project construction or
operation activities, whether or not NPDES permit coverage and/or Section 401
WQC are required, must comply with the State's Water Quality Standards.
Monitoring
Michael Yee
November 22, 2019
Page 5 of6
Effluent discharge and/or receiving water monitoring may be required as
conditions of Section 401 Water Quality Certifications and NPDES General and
Individual permits.
Enforcement
Noncompliance with water quality requirements contained in HAR, Chapter 11-54
and/or permitting requirements specified in HAR, Chapter 11-55 may be subject
to penalties of$25,000 per day per violation.
Violations of Hawaii Revised Statutes 342D and 342E may elicit administrative,
civil and criminal penalties for such violations.
Polluted Runoff Control
Manage projects identified in watershed-based plans that reduce polluted runoff
and educate the public about nonpoint source pollution. Projects are selected
through an annual request for proposals. Funding is provided by the EPA
through the Clean Water Act. For more information on projects and funding
opportunities, please visit: www.hawaii.gov/doh/pollutedrunoftcontrol.
Construction activities must comply with the provisions of Hawaii Administrative Rules,
Chapter 11-46, "Community Noise Control."
1. The contractor must obtain a noise permit if the noise levels from the construction
activities are expected to exceed the allowable levels of the rules.
2. Construction equipment and on-site vehicles requiring an exhaust of gas or air
must be equipped with mufflers.
3. The contractor must comply with the requirements pertaining to construction
activities as specified in the rules and the conditions issued with the permit.
Should there be any questions on this matter,please contact the Department of Health at 933-
0917.
We recommend that you review all of the Standard Comments on our website:
http://hawaii.gov/heaith/environmental/env-plannin landuse/landuse.html. Any comments
specifically applicable to this project should be adhered to.
The same website also features a Healthy Community Design Smart Growth Checklist
Checklist) created by Built Environment Working Group (BEWG) of the Hawaii State
Department of Health. The BEWG recommends that state and county planning departments,
developers, planners, engineers and other interested parties apply the healthy built environment
principles in the Checklist whenever they plan or review new developments or redevelopments
Michael Yee
November 22, 2019
Page 6 of 6
projects. We also ask you to share this list with others to increase community awareness on
healthy community design.