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HomeMy WebLinkAboutProposed FOF, COL, D&O Denial SPP 20-216 (2)BEFORE THE LEEWARD PLANNING COMMISSION OF THE COUNTY OF HAWAII STATE OF HAWAII Application of Special Permit No. 20-000216 FAIRVIEW AVENUE HAWAII LLC PROPOSED FINDINGS OF FACT; CONCLUSIONS OF LAW; AND DECISION For a Special Permit on a parcel of land AND ORDER situated at Hokukano 1st&2nd,North Kona, Hawai`i, TMK: (3) 7-9-001: Portion of 002. Hearing Date: August 20, 2020 PROPOSED FINDINGS OF FACT; CONCLUSIONS OF LAW; AND DECISION AND ORDER FAIRVIEW AVENUE HAWAII LLC ("Applicant"), filed an application for a Special Permit to establish a 40-room lodge and accessory improvements on a 14.9-acre portion("Permit Area") of a 294-acre property("Property") situated in the State Land Use Agricultural District Application"). The subject property is located about 2.5 miles east and mauka of Kealakekua north of Pu`u Lehua Drive, Hokukano 1st& 2nd,North Kona, Hawai`i, TMK: (3) 7-9-001: portion 002 ("Subject Property"). The Leeward Planning Commission of the County of Hawai`i Commission")having considered the entire record herein,makes the following proposed findings of fact and conclusions of law. I. FINDINGS OF FACT A. Procedural Matters 1. On April 20, 2020,the Planning Department received the subject Application. 2. By letter to the Applicant dated May 1, 2020,the Planning Department acknowledged receipt of the Application(SPP 20-000216). 3. By Memorandum dated May 1, 2020,the Planning Director requested written comments from public agencies no later than June 1, 2020. The agencies included the Department of Public Works- Engineering Division(Kona), Department of Public Works- Building Division, Department of Public Works-Traffic Division, Department of Water Supply, 1 Department of Environmental Management, Police Department, Fire Department, Department of Finance- Real Property Tax Division, Department of Land and Natural Resources- State Historic Preservation, Land and Engineering Divisions, State Department of Health, State Office of Planning, State Land Use Commission, State Department of Agriculture, US Fish and Wildlife Service, State Department of Transportation, and the USDA -Natural Resources Conservation Service. 4. In April through August 2020, the Department received comments on the Application from the Department of Public Works- Engineering Division, Department of Public Works- Building Division, Department ofWater Supply, Department of Environmental Management, Fire Department, State Department of Health, State Office of Planning, State Land Use Commission, Department of Land and Natural Resources- Engineering Division, Department of Land and Natural Resources- Commission on Water Resources Management, and the US Fish and Wildlife Service. (See Exhibit List) The remainder of the agencies had no comment or response. 5. In June through July 2020, the Department received written public testimony from the following: Edward Slavish, Kaimana Souza, Kahiau Souza, Kristen Souza,Anonymous Owner of Hokukano Ranch, Cheri Mardon, Susan Slavish,Jeff McConnel, and Eugene Clapp. See Exhibit List) 6. On May 18, 2020, the Planning Department received from the Applicant, an affidavit of first mailing to property owners within 500 feet of the subject parcel dated May 11, 2020. The letters were mailed on May 8, 2020. 7. On May 28, 2020, that Planning Department received from the Applicant, an affidavit and photographic evidence of sign posting dated May 18, 2020. 8. By letter dated June 22, 2020, the Planning Department notified the Applicant that the Leeward Planning Commission would hold a public hearing for the application on July 16, 2020, in the West Hawai`i Civic Center, Community Center, Building G, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawai`i. 9. By letter dated July 2, 2020, the Applicant requested to continue the hearing for this Application to August 20, 2020 due to out-of-state travel restrictions in place due to the novel coronavirus. 10. By letter dated July 27, 2020,the Planning Department notified the Applicant that the Leeward Planning Commission would hold a public hearing for the application on 2 August 20, 2020, in the West Hawaii Civic Center, Community Center, Building G, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii. 11. In July 2020,the Planning Department received a complaint alleging the unpermitted dome structures with no wastewater systems are being used as an unpermitted short- term vacation rental on the subject property. The Planning Department is actively investigating the complaint. B. Proposed Project 1. The Applicant has applied for a Special Permit to construct and operate a 40-room lodge with associated improvements. The 40-room lodge will consist of 40-detached structures consisting of two designs of prefabricated dome structures on wooden platforms. Additionally, a common lounge and recreation building containing a commercial kitchen is also proposed. Visitors to the lodge will be able to explore the grounds of the lodge and observe diverse agricultural pursuits on the property and in the area. The Applicant plans to use the remainder of the property for cattle ranching, coffee plantings, and fruit orchards. The proposed site plan includes the following: A two-story, 4,000-square foot common lounge and recreation building containing a commercial kitchen,restrooms, sitting areas, and check-in administration area. Twenty(20) geodesic dome-type structures that are about 380 square feet in size built on a wooden deck. (Two of these domes have already been built on the property without proper building permits.) Twenty(20) cocoon-type structures that are about 500 square feet in size built on a wooden deck. An approximately 5,000-square foot ground-mounted solar photovoltaic system. Ten(10)individual wastewater systems. Five(5)water tanks to provide 58,000 gallons of potable water and an approximately 2,500-square foot reservoir to provide 144,000 gallons of water for fire suppression. A 2,000-foot long, twenty(20)-foot wide gravel driveway and eight(8) parking areas with five(5)parking stalls providing a total of forty(40) 3 parking spaces. (The existing gravel driveway is about 1,400 feet long and 10 feet wide and leads to an existing dwelling outside the Permit Area.) 2. Employees: The Applicant expects to have two to five employees. 3. Hours of Operation: The facility will be open seven days a week with overnight accommodations. 4. Visitors: The Applicant expects about 100 to 200 visitors per week at maximum build-out. The number of visitors on site at any given time will be no more than 120, at a maximum occupancy of 3 persons per rental unit. 5. Construction Timetable/Estimated Cost: The Applicant proposes to complete construction of all proposed structures within one year of receiving all the necessary planning and building permits. The estimated cost of all proposed structures and improvements is 1,000,000. 6. Supporting Information: Landowner of the subject property is listed by the County's Real Property Tax Division as Fairview Avenue Hawai`i LLC, who authorized 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. County Zoning: Agricultural 20-Acre(A-20a). The Agricultural zoning district provides for agricultural and very low-density agriculturally based residential use, encompassing rural areas of good to marginal agricultural and grazing land, forest land, game habitats, and areas where urbanization is not found to be appropriate. 3. General Plan LUPAG Map Designation: Important Agricultural Lands. Important Agricultural Lands are those with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. 4. Kona Community Development Plan (PCDP): The Kona CDP, adopted by the Hawai`i County Council by Ordinance No. 08-131 on September 25, 2008, identifies the preferred land use pattern for the Kona districts. The subject property is located outside of the Kona Urban Area and outside of any Rural Town Areas. 5. Special Management Area (SMA): The project site is not within the County's Special Management Area(SMA). The SMA is a part of the Coastal Zone Management Program regulated by the County. The property is approximately 4.5 miles from the nearest coastline. 4 D. Description of the Property and Surrounding Area 1. Subject Property and Permit Area: The subject property consists of 294 acres at an elevation of about 3,200 feet, with an average slope of 8% in a mauka to makai direction. The 14.9-acre Permit Area is in the southeastern portion ofthe property. According to Real Property Tax Office records, the property receives a reduction in property tax from an agricultural use dedication,but it is unclear in the application whether agricultural activities currently occur on the property. Structures on the property include a permitted farm dwelling built in 1997, three unpermitted dome structures on wood platforms, two enclosed tents, and water tanks. 2. Surrounding Zoning/Land Uses: Surrounding properties are similarly zoned Agricultural with a 20-acre minimum lot size(A-20a) and consist of forest, pastureland, and farm dwellings. The subject property is part of the Hokukano Ranch subdivision, an 18-lot subdivision created in 2009 with lot sizes ranging from 217 to 1,400 acres. According to the Applicant, neighboring properties are being used for cattle ranching and properties nearby at lower elevations are planted in coffee trees. 3. USDA Soil Survey Report: Soils in this Permit Area are classified as `Honuaulu' Series, described as ash fields on a`a lava with 10 to 20 percent slopes; it is well drained with a low runoff rate. 4. Land Study Bureau Soil Rating: The Permit Area is designated as "E"or"Very Poor" for agricultural productivity. 5. Agricultural Lands of Significance to the State of Hawaii(ALISH): The Permit Area is unclassified. 6. Flood Zone: The property is located within Zone X, determined by FEMA to be an area of minimal flood hazard. Portions of the private access road, Pu`u Lehua Drive, are located in Special Flood Hazard Areas "AE"and "AEF". 7. Floral/Fauna Resources: Vegetation in the Permit Area consists of non-native grasses and wireweed, Himalayan blackberry bushes and guava trees. Fauna in the Permit Area consists of introduced bird species, domestic animals such as cats and dogs, and rats, pigs, and mongoose. No formal flora/fauna study has been conducted on the subject property or permit area and the Applicant does not believe that rare or endangered resources are likely to be found since the property has been used for ranching for many years. According to the US Department 5 of Fish and Wildlife(USFWS), five listed animal species are in the immediate vicinity of the Permit Area: the federally endangered Hawaiian hoary bat, Hawaiian stilt, Hawaiian coot, Hawaiian duck, and the threatened Hawaiian goose. Additionally, the endangered Hawaiian petrel,band-rumped storm-petrel, and the threatened Newell's shearwater may transit the Permit Area flying to upland breeding colonies. The Hawaiian hawk,which also may be in the vicinity of the Permit Area, continues to be listed by the State as endangered. The USFWS recommends various measures be implemented to avoid or minimize impacts ofthe proposed project on these species. 8. Archaeological/Historical/Cultural Resources: An Archaeological Reconnaissance Survey(ARS) of the Permit Area, performed by Scientific Consultant Services Inc. on March 31, 2020, found no archaeological sites and no historic properties. There are no known historic sites on the property listed on the State or National Register of Historic Places. There are no known valued cultural or historical resources in the Permit Area that would be affected by the proposed project and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. A request for review of the application and ARS was sent to the State Historic Preservation Division(SHPD),but as of the date of this writing the Planning Department has not received a response from SHPD. 9. Public Access: There is no known public access to the mountains or the shoreline that runs through the Permit Area. E. Public Facilities,Utilities and Services 1. Access: The subject property is about 3.5 miles east(mauka) of Mamalahoa Highway and is accessed via Pu`u Lehua Drive, which is one-lane(11-foot wide)paved roadway with grass shoulders. Pu`u Lehua Drive is within a private roadway easement over TMK 8-1-002:040 from the highway to the western boundary of the subject property, and then turns into a 100-foot wide private road lot along the southern property boundary. The Applicant has the right to use the private easement and road lot for access to the property. There are several gates along Pu`u Lehua Drive between the highway and the property. According to the applicant, guests will be provided with gate access codes to operate the gates and remote-control gate openers upon check-in. From Pu`u Lehua Drive into the property there is an existing 10-foot wide gravel driveway extending up to a farm dwelling. The Applicant proposes to improve the driveway to 20-feet wide and approximately 2,000 feet in length to provide access to the proposed project. The Department of Public Works recommends the applicant provide three 6 access improvements: 1) verify sight distance at the Pu`u Lehua Drive/Mamalahoa Highway intersection and trim any vegetation as necessary to maintain minimum sight distance; 2)pave any unpaved portions of Pu`u Lehua Drive up to the proposed project access; and 3)improve the Pu`u Lehua Drive/Mamalahoa Highway intersection to accommodate two-lane of traffic for safe ingress and egress from the highway by specifically widening Pu`u Lehua Drive to 20 feet for a distance of 50 feet from the edge of pavement of the highway and have a minimum of 4-foot aprons at the highway connection. 2. Traffic Impacts: According to the Applicant, traffic on Pu`u Lehua Drive is generally low and made up primarily by residents of the area and workers at nearby agricultural operations, and the proposed project would generate a modest increase in traffic to the property. 3. Water: According to the Department of Water Supply(DWS), the subject property is not within the service limits of the Department's existing water system. The low annual rainfall in the area is also insufficient to support water catchment systems for domestic use. The Applicant estimates about 11,600 gallons per day(gpd) of potable water would be needed for the 40 lodge rooms and the main lodge building, and 144,000 gallons of non-potable water for firefighting purposes. The Applicant proposes to provide five potable water tanks that will be refilled by a water truck every five days and a non-potable water reservoir for fire- fighting purposes. 4. Wastewater: The subject property is not currently serviced by the County sewer system. According to the Applicant, the proposed project will generate 11,600 gpd of wastewater which will be disposed of via individual wastewater systems meeting the requirements of the State Department of Health(DOH). In an email dated August 6, 2020, the DOH said the proposed project would require 20 individual wastewater systems for the 40 detached rooms and a wastewater treatment plant for the main lodge building since wastewater volume will exceed 1,000 gallons per day. 5. Other Essential Utilities and Services: Telephone and electrical services are not available to the site. The Applicant proposes to construct a solar PV power system with battery storage and underground distribution system to serve each of the detached rooms and main lodge building. Police, fire, and medical services are located nearby in Kealakekua. According to the Applicant, consultation with the Fire Department indicates that sections of Pu`u Lehua Drive may exceed 15% grade and the Department has requested a survey of the roadway to determine if improvement are needed in order to provide fire apparatus access. The Applicant will perform 7 the survey and provide any reasonable access improvements. However, if these improvements are too costly, the Applicant will work with the Fire Department to provide alternative fire protection measures meeting Fire Code requirements. II. CONCLUSIONS OF LAW Based upon the foregoing Findings of Fact,the Leeward 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) of the Planning Commission relating to Special Permits requires that the following criteria be met: 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. 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. 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 contrary to the objectives sought to be accomplished by the Land Use Law and Regulations,would not promote the effectiveness and objectives of Chapter 205,HRS, as amended, and is not considered an unusual and reasonable use of 8 land situated within the Agricultural District. The intent of the State land use laws 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 proposed use is located in an area designated Agricultural by the State Land Use Commission. As the requested lodge use is not permitted in the State Land Use Agricultural District,a Special Permit is required to allow the use to be permitted. The"agricultural tourism" section of the Hawai`i County Zoning Code provides that overnight accommodations can be established on a working farm with a Special Permit. To do this, the income generated from the agricultural tourism cannot exceed the income generated by the farming activities. It is highly likely the income from the proposed use will exceed income generated by the proposed farming activities on the remainder ofthe property. The Application was also not clear about when the farming activities would begin on the property, so it seems the Applicant intends for the proposed lodge to be the primary income-generating use of the property. This is not consistent with the intent of the State land use laws or the County Zoning Code for lands in the Agricultural District and County agricultural zoning district. The property has been used in the past for agriculture and there is no reason why it cannot continue to be used primarily for agriculture. 4. The proposed use would adversely affect surrounding properties. According to written public testimony, neighbors have the following concerns which would adversely affect surrounding properties and the community: traffic safety on Pu`u Lehua Drive, increased noise and night light pollution, visitors to the lodge trespassing onto nearby private property, introduction of invasive species to the area, lack of water and wastewater infrastructure to service the proposed project. The proposed use, with between 100-200 visitors per week, employees, and water hauling trucks every five days, traveling from the highway to the property, would cause a substantial increase in the number of vehicles traveling on Pu`u Lehua Drive, which is a private one-lane paved road with unmaintained grass shoulders and limited sight distance due to hills and turns in the road. This roadway was built to accommodate a low volume of traffic associated with the ranching community rather than the proposed commercial visitor- oriented use. The roadway does not meet Fire Code related to grade and width and there are at least three gates between the highway and property. Therefore, it is unlikely fire apparatus or other emergency police and medical vehicles can reach the subject property in a timely manner, if at all. The Applicant has indicated a willingness to make improvements to the roadway required by the Fire Department, ifnot too costly, or alternatively to meet the Fire Code 9 requirements by providing other fire suppression methods allowed by the Fire Code onsite. However,unless the road is widened to accommodate two-way traffic there will still be the potential for increased traffic accidents due to the hills and turns that limit the ability for drivers traveling in opposite directions to see each other in advance. Although the Permit Area is setback about 445 feet from Pu`u Lehua Drive and 322 feet from the nearest property boundary(eastern side), there is still a possibility that increased noise from guests of the lodge and night light pollution will adversely affect surrounding properties. It is also possible that guests may get lost trying to find the lodge and disturb neighboring residents by entering their driveways to ask for directions. Another concern is the introduction of invasive species by guests' vehicles to an area where surrounding neighbors are doing native species reforestation projects. Lastly, any time a non-agricultural use is established in an area actively being farmed or ranched, it can create conflicts between the two land uses. There is a concern that the guests of the proposed lodge may complain about farm and ranch-related nuisances such as noise or odors from surrounding properties. 5.The proposed use will unreasonably burden public agencies to provide roads and streets, sewers,water, drainage, school improvements, and police and fire protection. Approval of the proposed use on this property brings up several public safety concerns. First, due to the remote location of the property, cellular phone service and the ability for employees or guests to contact EMS is unknown in this area. EMS response times may also be delayed because of the condition of the road and numerous gates between the highway and property. The intersection of Pu`u Lehua Drive and Mamalahoa Highway requires widening and sight distance improvements and Pu`u Lehua Drive does not have adequate sight distance due to hills and curves and does not meet Fire Code requirements due to grade (15%+) and width(10 feet of pavement width instead of 20). According to the Building Division, the proposed design of the buildings may not meet the Hawai`i County Energy and Building Codes and it may be infeasible or too costly for the Applicant too provide automatic fire sprinklers throughout the structures since the property is not on a municipal water system. 6.Unusual conditions,trends, and needs have arisen since the district boundaries and regulations were established. Since the State Land Use laws were established in the 1960's many changes have occurred in the use of lands in the Agricultural District. Because so much of Hawaii island's land is classified as agricultural, there is increasing 10 pressure to use these lands for urban uses,particularly economically lucrative visitor-oriented uses that are more appropriate to locate in areas zoned for resort and visitor-oriented uses. 7. The land upon which the proposed use is sought is not unsuited for the uses permitted within the district.The property has been used historically for viable agriculture including a guava orchard that is currently overgrown and cattle grazing. The property and Permit Area are still suitable for agriculture. 8.The proposed lodge would substantially alter and change the essential character of the land and its present use.The essential character of the land is currently agricultural and pastoral in that there are overgrown guava trees and the property has been used for cattle grazing. There is one farm dwelling on the property. The forty detached lodge rooms, main lodge structure, and associated infrastructure (driveways,parking, wastewater systems, potable and non-potable water tanks and reservoir, and PV solar system)would be spread out over the 14.9-acre Permit Area. Construction of a 40-room lodge with 120 visitors onsite at full occupancy would substantially change the character of the property and surrounding area. 9.The proposed use is contrary to the General Plan and Kona Community Development Plan.The property is classified as Important Agricultural Land on the General Plan LUPAG Map. This is the highest classification of agricultural land in the County because these lands have a better potential for sustained high agricultural yields because of soil type, climate, topography, and other factors. Lands that are not capable of producing sustained,high agricultural yields are classified as Extensive Agriculture and are typically used for grazing and pasture. Establishment of the proposed use would be contrary to the following goals and policies of the General Plan: Preserve the agricultural character of the island. Designate,protect, and maintain important agricultural lands from urban encroachment. Investigate possibilities to prevent non-agricultural uses that could interfere with potential or existing agricultural activities on important agricultural lands. The amount of infrastructure that would be needed to provide access, water and wastewater to the proposed project is significant and similar to the scale of infrastructure required for more urban uses like hotels. As previously stated, the proposed use would substantially change the agricultural character of the property and would introduce an inappropriate visitor-oriented urban land use into the existing ranching community. 11 The Kona Community Development Plan(KCDP) establishes a land use pattern for Kona by siting urban uses within the Kona Urban Area to protect important agricultural lands. The KCDP allows a Special Permit to be issued for ecotourism and non-agricultural related uses on lands designated Extensive Agriculture on the LUPAG map,but it does not allow for a Special Permit for these uses on lands designated Important Agricultural Lands because these lands provide sustained higher agricultural yields than lands designated Extensive Agriculture. Policy ENV-1.6 ofthe KCDP, states that on lands designated as Extensive Agriculture on the LUPAG Map, a Special Permit for an eco-tourism related or other non-agricultural related use may be considered provided the proposed project is consistent with the Kona Mauka Watershed Management Program. The purpose of the watershed management program is to create an action plan for preserving the ecosystem value of the watershed above the 1,500-foot elevation. Based on the preceding considerations, it is determined that the establishment of a 40-room lodge and related improvements on the subject property will not be a reasonable use of land situated within the State Land Use Agricultural District. III. DECISION AND ORDER Based on the foregoing proposed 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. 20-000216 is hereby DENIED. DATED: Kailua-Kona, Hawai`i, 2020. LEEWARD PLANNING COMMISSION COUNTY OF HAWAI`I Nancy Carr-Smith, Chair 12 BEFORE THE LEEDWARD PLANNING COMMISSION OF THE COUNTY OF HAWAII EXHIBIT LIST SPECIAL PERMIT APPLICATION NO. 20-000216 (SPP 20-000216) APPLICANT: FAIRVIEW AVENUE HAWAII LLC TAX MAP KEY: (3) 7-9-001: Portion 002 Planning Department Exhibit 1: Special Permit Application dated April 20, 2020. AGENCY COMMENTS Planning Department Exhibit 2: Department of Public Works, Building Division- May 4, 2020 memo. Planning Department Exhibit 3: Department of Public Works, Engineering Division- May 11,2020 memo. Planning Department Exhibit 4: Fire Department-May 14,2020 letter. Planning Department Exhibit 5: Department of Land and Natural Resources, Engineering Division-May 14, 2020 memo. Planning Department Exhibit 6: Department of Water Supply-May 18,2020 letter. Planning Department Exhibit 7: Department of Environmental Management- May 18, 2020 memo. Planning Department Exhibit 8: State Office of Planning-May 26,2020 letter. Planning Department Exhibit 9: Department of Land and Natural Resources, Commission on Water Resources Management- May 28,2020 memo. Planning Department Exhibit 10: US Fish and Wildlife Service-June 1,2020 letter. Planning Department Exhibit 11: State Department of Health-June 19,2020 memo. Planning Department Exhibit 12: State Land Use Commission-July 6,2020 letter. Planning Department Exhibit 13: State Department of Health-July 9,2020 memo. Planning Department Exhibit 14: State Department of Health-August 6,2020 email from Sina Pruder. PUBLIC COMMENTS Planning Department Exhibit 15: Email from Edward Slavish dated June 9, 2020. Planning Department Exhibit 16: Email from Kaimana Souza dated June 9,2020. Planning Department Exhibit 17: Email from Kahiau Souza dated June 9,2020. Planning Department Exhibit 18: Email from Kristen Souza dated June 9,2020. Planning Department Exhibit 19: Email from Anonymous owner of Hokukano Ranch dated June 15,2020. Planning Department Exhibit 20: Email from Cheri Mardon dated June 15,2020. Planning Department Exhibit 21: Email from Susan Slavish dated June 15,2020. Planning Department Exhibit 22: Email from Jeff McConnel dated June 16, 2020. Planning Department Exhibit 23: Email from Eugene Clapp dated July 6, 2020. il i 1 e- ,R.,1 194 Wiwoole St. Hilo, HI 96720 A 808) 333-3393 SSOCIATES info@zendokern.com April 20, 2020 i Mr. Michael Yee, Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 PLANNING DEPT APR 20 2020 AM8:05 Dear Mr. Yee: RE0'D HAND DELIVERED Subject:Resubmission of Special Permit Application 1 Applicant: Fairview Avenue Hawaii, LLC Kealakekua,North Kona,Hawaii TMK: (3) 7-9-001: 002 (por) i Transmitted here within for your review and processing is the resubmittal of an application i requesting to a Special Permit for the above referenced applicant. The applicant is 1 requesting a Special Permit that will allow for the construction of a lodge with 40 separate rental units, a lodge center and associated improvements on an approximate 14.9-acre portion ofthe 294.462-acre subject parcel of land. The subject site is located off of Puu Lehua Drive, approximately 3.5 miles east of its intersection with Mamalahoa Highway in1Kealakekua. The subject land is zoned Agriculture 20-acre (A-20a). o If approved, the applicant wishes to build 40 separate vacation rental units, consisting of two designs ofprefabricated dome structures on wooden platforms. A common lounge and recreation building containing a commercial kitchen are also planned. The transmittal includes the a) a letter from the Planning Department dated february 12,1 2020 requesting additional information on the subject application along with a letter from 1 our office responding; b) original and original and twenty (20) sets of the application form and background/environmental report, which includes the location and proposed site plan; c) a full-size(2`x3`) scale-drawn copy of the proposed site plans; d) a list of surrounding 1 property owners within five hundred (500) feet of the subject parcel; e) a certificate oftax clearance from the Hawaii County Real Property Tax Office; f) a $500.00 receipt for the filing fee that was already cashed in conjunction with this application; and g) a letter of authorization allowing my office to file the application on the property owner's behalf. 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. 1 1 Sincerely, i ZENDO KERN Planning Dept. 1 Planning Consultant i Exhibit,.._I.1 Enclosures 1 Copy—Fairview Avenue Hawaii, LLC f i I i 1 i Harry Kim OJ+tr ,osq, Michael Yee Mayor Director c•Roy Takemoto ear Duane Kanuha Managing Directo" Depute Director rE OFt West Hawaii Office East Hawaii Office j 74-5044 Ane Keohokalole Hy,y101 Pauahi Street,Suite 3 Kailua-Kona,Hawaii 96740 County of Hawaii Hilo,Hawaii 96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 z February 12, 2020 Mr. Zendo Kern i Planning Consultant 194 Wiwoole Street Hilo, HI 96720 I Dear Mr. Kern: l SUBEJCT: Special Permit Application Applicant: Fairview Avenue Hawaii, LLC Request: Forty (40)-Unit Lodge j Tax Map Key: (3) 7-9-001:002; Hokukano Tract,North Kona, Hawaii Thank you for providing some of the information requested in our November 22, 2019. We are returning the above referenced application. After reviewing your application, we are requesting the following information and items be submitted to deem this application complete: i 1. The proposed 14.9-acre special permit area must include the access driveways and any associated uses within the proposed special permit area. Please revise the plot plan to z include the access driveways. ii 2. Clarify in the application whether a 40- or 41-unit lodge is being requested. The site plan and plot plan show 41 separate detached rentable units. t 3. The Planning Department and Planning Commission cannot determine if the proposed use will meet the criteria in Section 4C of the application unless estimates water usage i calculations are provided. Please provide estimated water usage calculations prepared by 3 a licensed civil engineer for the proposed use to ensure adequate potable water for the proposed lodge, non-potable water for agriculture, and non-potable water for fire suppression can be provided. i www.hiplannint?dept.com Hawaii County is an Equal Opportunity Provider and Employer planningtttliaw'aucountv.;ot i i 1 1 1 Mr. Zendo Kern t Planning Consultant t Page 2 i February 12, 20201 I i 1 4. Provide a map showing the location of the proposed access from the highway to the property over the easements and road lots described in the Dedication of Easements t document (Exhibit B in the application). Describe in Section 3J how access will be provided over the easements and road lots that make up Pu`u Lehua Drive. t 5. Please verify the condition and width of this entire length of Pu`u Lehua Drive. The application (Section 3J) states the road has an average pavement width of 12 feet; however, based on aerial imagery the road appears to be dirt or gravel rather than paved in many sections. Please indicate what specific improvements the applicant will make to Pu`u Lehua Drive, such as paving, etc.1 6. Item #7 in your letter dated January 27, 2020 indicates the applicant/landowner wishes to I withdraw the property from the pending subdivision application (SUB 06-000489). Prior to resubmitting the revised Special Permit application, provide a letter to the Planning Department under separate cover requesting to withdraw the property from the pending subdivision. 1 7. In Section 3J of the application, please provide the information regarding gate codes for guests and emergency responders shown in Item # 9 in your letter dated January 27, 2020. g 1 8. The Planning Department and Planning Commission cannot determine if the proposed use will meet the criteria in Section 4C of the application unless wastewater generation calculations are provided. Please provide estimated wastewater generation calculations for the proposed use prepared by a licensed civil engineer. Please consult with the State 1 Department of Health Wastewater Branch to determine if they will allow ten (10) individual wastewater systems. According to the DOH rules and staff consultation with a 1 Wastewater Branch engineer it is unlikely IWS can be used for handling the wastewater from the proposed use. Provide information about how wastewater will be handled for the proposed use in Section 3L of the application. 9. Item # 12 of your letter dated January 27, 2020 indicates aerial photos show the property has been cleared prior to 1954 for ranch operations. However, tax map key 7-9-001:001 was also cleared for ranch operations according to these aerial photos, yet SHPD determined that a reconnaissance survey established the existence of significant sites on parcel 001 despite clearing for ranch operations. Based on information from SHPD s 4 1 1 @} a 84t 1 1 1 y iy Mr. Zendo Kern Planning Consultant Page 3 February 12, 2020 i i i indicatingthe region shows a highg concentration of sites from both historic and pre- contact eras, we require an archaeological inventory survey of the property, in order for the Planning Department to determine if there are historic and cultural resources on the property. g 10. The Planning Department and Planning Commission cannot determine if the proposed use will meet the criteria in Section 4C of the application unless a traffic impact analysis I report is completed for the Hawai`i Belt Road-Pu`u Lehua Drive intersection. In lieu of providing a TIAR for this intersection you may provide a letter from the State Department of Transportation indicating one is not needed and a left-turn lane at the Hawai`i Belt Road-Pu`u Lehua Drive intersection will not be warranted. 1 I Please note Item #8 on the application form, which states, "Any other plans or additional information relevant to this application may be requested by the Planning Director to facilitate processing of this request." Please submit a new original application and 20 copies with the requested information. We will continue to hold the $500 filing fee for the resubmitted Special Permit application application. 4 If you have any questions, please feel free to contact Maija Jackson at (808) 961-8159. g Sincerely, Ffety4). ,Q)............._) MICHAEL YEE Planning Director t MJJ:mads COH33\planning\publis\wpwin60\Maija\Letters\Retumed Apps\LKem for Fairview-RETSPP 2-I2-20.doc Enclosures: Original and 20 Copies of Application cc: Planning Department- West Hawaii Division ti i I pS E i I 1 i 4 194 Wiwoole St. Hilo, HI 96720 ASSOCIATES 808) 333-3393 i I \- info@zendokern.comix April 17, 2020 Mr. Michael Yee, Director Planning Department a COUNTY OF HAWAII 4 101 Pauahi Street Hilo, HI 96720 Dear Mr. Yee: 1 Subject:Special Permit Application 1 Applicant: Fairview Avenue Hawaii, LLC Kealakekua,North Kona, Hawaii TMK: (3) 7-9-001: 002 (por)1 P In response to the Planning Departments request for additional information, changes have been made to the County Environmental Report as outlined-below: I 1. Revisions made to conceptual site plan (Figures 2 & 3). s 2. Revisions made to conceptual site plan (Figures 2 & 3). The proposed use is for a 40- unit lodge. 1 3. Water usage calculations have been provided, however non-potable agricultural uses are still to be determined and are not included in the calculations (Exhibit C). If required, the minimum size of the fire suppression reservoir may be increased to accommodate potential irrigation and livestock uses, with provision for reserving at least 144,000 gallons exclusively for fire suppression purposes. 4. The Location Map provided as Figure 1 shows the entire length of the proposed I access over Pu'u Lehua Drive. Section 3J has been updated to more thoroughly describe the access. 5. Additional detail on the condition of Pu'u Lehua Drive has been added to section 3J.g The applicant affirms that Pu'u Lehua Drive is paved all the way to the subject property. There are currently no plans for the applicant to improve Pu'u Lehua Drive as it is sufficiently improved up to the subject property to support the proposed use. c 6. A Letter, dated 3/12/2020, was provided to the planning department requesting to withdraw the property from the pending subdivision(Exhibit F). i t 7. Gate Code: 6116 I 8. Wastewater generation calculations are provided as Exhibit D. Additional information regarding wastewater added to Section 4C.4 i 9. Please see attached Archaeological Reconnaissance Survey Report of proposed Special Permit Area(Exhibit E).t i e i 1 1 1 I i I i 1 10. We maintain that the proposed use will generate fewer peak trips than the 50 per i hour trigger to necessitate a TIAR. Trips generated by lodge guests will almost I exclusively be more than an hour in duration due to the remoteness of the lodge. i Therefore, even if all of the lodge guests and employees left or returned to the 1 property at the same time (very unlikely), this would still be fewer than 50 trips. 1 Conversations with Planning Department Staff indicated that withdrawal of the i subject property from the pending subdivision(Exhibit F) would forego the need for i a TIAR at this point. 1 i We trust that everything is in order for your acceptance and processing of this application.1 i If not or if there are questions relating to this matter,please feel free to direct them to me. Thank you very much. 1 1 i Sincerely,1 1 c--- --- 11111 I 1 1 ZENDO KERN Planning Consultanti t 1 Enclosures4 1 Copy—Fairview Avenue Hawaii, LLC 1 I iI 1 i i 1 1 I 1 1 1 1 1 1 1 1 1 i 1 i i 1 i PLANNING DEPT IPR 20 2020 AHB:O6 SPECIAL PERMIT APPLICATION C'OUNTV' OF HAWAII PLANNING DEPARTMENT Type or Print the requested information) 213 APPLICANT Fairview Avenue Hawaii LLC APPLICANTS SIGNATURE:41101 0// ADDRESS: 26921 Fairview Ave, Hayward, CA 94542 T s LIST APPLICANTS INTEREST IF NOT OWNER: TELEPHONE: (Bus.) 808-938-2983 (Home) Fax) REQUEST: To allow construction of a lodge with 40 separate rental units, a lodge center_and associated improvements TAX MAP KEY: (3) 7-9-001: 002 jpor) ZONING: A-20a AREA OF PROPERTY/AREA OF REQUESTED USE 294.462 acres/approximately 14 acres LANDOWNER: Fairview Avenue Hawaii LLC LANDOWNER'S SIGNATURE:I3 10!/0/i May be by letter) LANDOWNER'S ADDRESS: 26921 Fairview Ave, Hayward, CA 94542 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: ` ••licant JNA /Ji/ 132509 e LISTING OF RECORDED OWNERS AND LESSEES FIVE HUNDRED FEET OF TAX MAP KEY(3) 7-9-001: 002 ParcelId OwnerName OwnerAddress2 OwnerCityStZip 790020070000 WILLIAM J PARIS SR TRST EST PO BOX 229 KEALAKEKUA HI 96750 C/O PARIS,WILLIAM JR 790020140000 WALL RANCH INC PO BOX 187 KEALAKEKUA HI 96750 0187 790020140000 LASSITER,KATHLEEN B TR 790010040000 BUSH,LORETTA FREDY 787 26TH AVE SAN MATEO CA 94403 2634 790010040000 MONOHA'A RANCH LLC 1508 CYPRESS AVE BURLINGAME CA 94010 5239 790020290000 RAPOZA,EDWARD J PO BOX 2077 KAILUA KONA HI 96745 2077 790020290000 RAPOZA,RHONDALL K 790010020000 FAIRVIEW AVENUE HAWAII LLC 26921 FAIRVIEW AVE HAYWARD CA 94542 1431 790020270000 SHIRAKI,TODD TADAO PO BOX 1343 KEALAKEKUA HI 96750 1343 790020270000 SHIRAKI,CAELLY P 790010160000 HOKUKANO RANCH INC PO BOX 2240 KEALAKEKUA HI 96750 2240 790010010000 HOKUKANO RANCH INC PO BOX 2240 KEALAKEKUA HI 96750 2240 81-964 HALEKII ST., 810020400000 KONA HILLS LLC BLDG 3,SUITE A-B KEALAKEKUA HI 96750 8193 f l j I Page 1 i 1 1 1 1Th) ;„ I J 4i t II ', ri i.i . u 4 I. i Lf 147CIcitilrLAtir_14 coticonik 14 i '',.'11IaV\I f 1 11I(PLC 9 I , ti LT ,j_.11214_ri DOLLARS I I FOR T-ThiiI '-1 ' n—' 9If Ir0 It:ti i[Ili f 11 4'13 ii LLC 101 7- ‘; 4111:Lc' . ' . 1 1 OR Z.. e ACCOUNT IS i II1E,AL. DuE ORDER ,t. are: 1 1 I i i i 1 i 1 1 f I I 1 i I i i i I 1 1 i 1 1 i I g11 TO WHOM IT MAY CONCERN: As landowners of parcels identified by TMK: (3)7-9-001: 002, I hereby consent and authorize Zendo Kern of Zendo Kern Planning Consultant to file and process a Special Permit Application on my behalf. Fairview Avenue Hawaii LLC 4111 0 'V Sign DATE) Print By it's: LQ e'u711,llitr i s l s g a 1 HARRY KIM v ovkDEANNA S.SAKO MAYOR ja°'' •\',• y FINANCE DIRECTOR 1}•r.'/, STEVEN A.HUNT DEPUTY DIRECTOR I t1 OFH/ COUNTY OF HAWAII Department of Finance - Real Property Tax Aupuni Center, 101 Pauahi Street,Suite 4 I Hilo Hawaii 96720-4224 I Fax(808)961-4224 Appraisers(808)961-8354 I Clerical(808)961-8201 I Collections(808)961-8282 West Hawai'i Civic Center 174-5044 Ane Keohokalole Hwy I Bldg D 2nd Floor I Kailua Kona,Hawai'i 96740 Fax(808)327-3538 I Appraisers(808)323-4881 I Clerical(808)323-4880 fi 1 REAL PROPERTY TAX CLEARANCE Date: Monday, January 27, 2020 TM K: (3)7-9-001-002-0000 Fairview Avenue Hawaii Llc This is to certify that the real property taxes due to the County of Hawai'i on the parcel listed above have been paid for the tax year 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 Fairview Avenue Hawaii LIc and is issued for this parcel only. by Theresa Eckert REAL PROPERTY TAX DIVISION Paid up to and including June 30, 2020. s t TAX CLEARANCE FOR PLANNING DEPARTMENT REV(2/2018) I E 9 Hawaii County is an Equal Opportunity Provider and Employer TB3251-1IHAW 1 9 COUNTY BACKGROUND & ENVIRONMENTAL REPORT COUNTY SPECIAL PERMIT REQUEST FAIRIEW AVENUE HAWAII LLC KEALAKEKUA, NORTH KONA, HAWAII TMK: (3) 7-9-001: 002 INTRODUCTION Fairview Avenue Hawaii LLC. ("applicant") is requesting a Special Permit that will allow for the construction of a 40-room lodge with associated improvements on an approximate 14.9-acre portion of the 294.46-acre subject parcel of land. The subject parcel is located off Pu`u Lehua Drive approximately 3.5 miles east of its intersection with Mamalahoa Highway in Kealakekua (Figure 1). The subject land is zoned Agriculture 20-acre A-20a). If approved, the applicants wish to build 40 separate vacation rental units, consisting of two designs of pre-fabricated dome structures on wooden platforms. A common lounge and recreation building containing a commercial kitchen is also planned. Visitors to the lodge will be able to explore the grounds of the lodge and observe diverse agricultural pursuits on the property and in the area. (Figure 2 & 3) Alternative visitor experiences are in high demand in Hawaii, especially since the implementation of Bill 108 has reduced the number of short-term vacation rentals in operation. Many visitors to Hawaii are looking for accommodations and experiences outside of the typical resort environment. "Glamping", agri-tourism, and eco-tourism are all viable alternatives that have the potential to reduce pressure and impacts on Hawaii's coastal resources. In considering agricultural development of the subject parcel there are two main classes of soil quality on this property and in the general area, roughly corresponding to the geologic units the soils are derived from. Interestingly, the contact between Hualalai lava flows and Mauna Loa lava flows crosses this area and the subject parcel has flows from both volcanoes. The agricultural potential of the Hualalai soils is much greater than the Mauna Loa soils. The applicant intends to use the Hualalai soils to their highest potential, for cattle ranching, coffee plantings, and fruit orchards, while a portion of the lower quality soils will be used for the Lodge Special Permit Area. Though the proposed lodge will not directly affect the agricultural operations on the remainder of the property (nor vice-versa), each will indirectly benefit from the other. The agricultural lands surrounding the proposed lodge will provide a unique setting and experience for visitors. Also, diversifying uses and revenue sources on the property will help x I zn0 § i s16:inti 1 W i O 1 1 ` 2Ia a ii I,i'. f gi. o L IN11 Lt7-3 Ii?_ Ii 4t S 3 m 4 I c! iY Y t Wi1 N 1 e © ' 1' '2I 24 J a k W M Ii © 1= L, I w h U,y 1 or i®fit «4 pg •, - h L., r l j'--I® q e @ q• 0cc cc LQ ' 2.4::::,..,..., 4,„........:, sY O , e V CI14„.;-I e ei ©r 02 ai- 0 O IA h t 1. ---(-- w, ©gr'Qg9 C) o 4'0\ k I 0 P 'Q i4:' Y F O ' 1 x HI of *ill o \ 1rte-- O L aD ". W 1i N NI O 1Ir1, i i dI a ` v - c A lSCOtlZ I a N 4 !\ t;t• . I i 1 1\:. , in( 1;'1'. 4t y i ' iIIpplitl V,iir.411T.; 1 I y, • 1 a0 i a LM100-1%'L10t00-tt V-ftLL tIU 7S 00* 4 WO!74 trw 31 OM WI aaaaaaaaoa 1 Ei E P 1 I 5ig 9166.661. _J'"'' 4a4,24r_ s'0_s+°" ass • rnH a as' 544.4.74911.2r_ _ __ _ _4 k I i' t II Subject Parcel TMK: (3) 7-9-001: 002 i 294.46 Acres 1 al YI s SI lir T 0 3 m Yg I MAYA PLANTS-49S I L4,. T 6 F 4 En eLAReM SITE PLAN POR DIMENSIONS i b..„,\ POOR sou SPECIAL PCOdfT AREA 8 CATTLE RANGFNN6 14.11 AGI . MOO 32'l 1401'-5 5/8"I4 War - pe a. / e e441,1.11 A O Y 1 i 1/t r, 2d'0" Kt 4 i DRIV6IAY I J L --mow; 1,-..• rut) L µu pft14 O 325i 650 975 ` 1300 k CGA1- 31 525-A it 1. CONCEPTUAL SITE PLAN le NIL:,BleiEaI11111N 1 I n I 1 0— 445'-Il_3L8"6 3 31/8"CP 30'i'-9 1/8" \ 1 TO PROPERTY TO PROPERTY i g' SOU BOUNDRY 1 t I 1LYSTMF' , f r5 5 LJ 1 Z s 1 73 4,-,;' OW wall! g I,' I 1., oti of xggr-, 1 a02O'-O" ! - 6 I n TYP. 1 1• DsO9 , LJ pAP\ilk at m s\ 4,,,, a C roti ast o al- 0' D t, 8< ...........,---. 1 m ii. co Lir-4 xi. Tyr.AA TLJ 1U Z 4‘ I r ` i 1 1111114e' 411 SW° will a a7,0Villprip@y LYJ 1 J/ o b LJ yy 6 J A- a 1 tt dIoji1. >•v PO1IlipONi Z• I co I A- J i N 211 1C Lf la'- N N10 1 N g j Q • 1 I o i e z o 1 r s.:,) • lllli` I0 ill• Is 1 I' M ll .91/- • JSL 1 3 0 5.-oN 1 ' g°W 1 i 43 coIA 1 U _, dQQNi I Z 9 3 i I 3 1 i I i insulate the combined agricultural and lodge operations to possible fluctuations in agricultural productivity, marketability, and visitor numbers. Further, products from local farms could be sold at the lodge center, stimulating the local economy. II. PROJECT DESCRIPTION 3A. Project Concept and Components As noted above, the applicants wish to establish a 40-unit lodge on a portion of the subject property. The total number of visitors on site at any given time will be no more than 120, at a maximum occupancy of 3 persons per rental unit. The facility will be open seven days a week with overnight accommodations. The applicants respectfully request the following elements be allowed as part of the Special Permit: 1) There will be no food preparation area in the guest quarters, only a coffee maker. 2) The applicants anticipate roughly 100 to 200 visitors per week at maximum build-out. 3) The applicant expects to have 2 to 5 employees. 4) The applicant proposes to provide 50 parking stalls, at least 2 to be ADA compliant. f i 5) The applicant intends to build a two-story lodge center building including a commercial kitchen with an approximate total area of 4,000 square-feet. 6) The applicant intends to use the remaining 280+ acres of the property (approximately 95%) for diverse agricultural pursuits, including ranching, coffee and fruit production. 7) Two types of prefabricated structures will be provided as rental units. Each unit will have a sleeping area partitioned from a bathroom. 8) Potable water for lodge use will be trucked in by commercial providers and stored in five tanks with a combined capacity of at least 58,000 gallons. Non-potable water for fire suppression and irrigation will be stored in a reservoir with a capacity of at least 125,000 gallons. k N y 1 5 3 f I 9) Electricity will be supplied by a properly engineered and permitted off-grid solar photo-voltaic system. Currently, there is already one (1) permitted, 2-bedroom 1 bath, single-family dwelling of approximately 960 square feet on the subject property, built in 1996. The ranch house will be used in the agricultural operations of the property and will not be used by the lodge and therefore is not included in the scope of this Special Permit. The two types of prefabricated structures that would make up the 40 rental units of the lodge are designed and manufactured by Guangzhou New Shelter Tent Technology Co. LTD. The `Cocoon" design is approximately 32 feet long by 21 feet wide and encloses approximately 500 square-feet of area (Figure 4a). The "Dome" design is a geodesic dome approximately 23-feet in diameter enclosing approximately 380 square-feet of area (Figure 5a). Elevation views of each structure are also provided (Figures 4b & 5b). Each of the structures will be built on a wooden deck designed to meet permitting requirements. Three demonstration domes have been built on the property as shown on the conceptual site plans (Figures 2 & 3) . Figure 6 shows two of the demonstration domes already built on site (the third is not pictured). The three demonstration structures will be permitted along with the new lodge infrastructure. The services of a structural engineering firm have been solicited to satisfy building division requirements. A two-story central common lodge building is also planned of approximately 4,000 square feet and approximately 22-feet in height. The lodge center building will have restrooms, check in and administrative area and a commercial kitchen (Figure 7 & 8). Structural engineering services have been retained by the applicant to review and seal drawings and calculations of the structures provided by the manufacturer. If required, the plans will also be reviewed and approved by an Architect licensed in the State of Hawaii. The area is not served by County Water. The applicants intend to have commercial haulers truck in potable water and store in tanks on site. Water use calculations have been prepared by a civil engineer for the planned lodge uses (Exhibit C). Calculations estimate that at full occupancy domestic water use (excluding the lodge center) will total 8,000 gallons per day. The lodge center is estimated to use approximately 3,600 gallons per day. With 6 s I s Nv i V 1 T il I 1i 1BATHI In i I.... n I 1il1 1 il 0 , . Pi rii 1i a Ai HAilliliik in 1 iinignilleil1 1 1 il C& r,- 1 (k)1 i 7 i 0 1."0" 11 is- 1 17 I-- 1 N\1 t 1f 1 1 I 111 1 k\ 4 i- 1t 1 1 74 i 11I1 I 1 i i 21'-5" I-- 1 1 1 TYPICAL, COCOON FLOOR PLAN i 1 SCALE: I/40-II 0"I Figure 4a 1 1 1 I 1 1 1 e 1 __ i ,N.N. N. / ,. 1 3, DAM 1 r•,, 3'-O" 3'-O" , 3'-IO" , 1 LAV. 1vi1Iri ii,J j 4 I ii I g r 3 33 4, I9'-8" i T iP I GAL OOZE FLOOR PLAN I SCALE: I/4"=I'-O" 4 3 1' I Figure 5a b. " ,ii ;;'iri ` 'e E f: Etif wll' fi. Wq c., i, r a, Y c3(32' Figure 4b . Elevation view of typical Cocoon structure. Dimensions iii.- W s 10'',: ,,,,, 19' 8" A4, •i. ,„, , ,( i 0,-p.''''' t.,, 19' g„ 1 Figure 5b. Elevation view and plan view of typical Dome structure v '. ''0 i -- 1(4' A.. ,1*, 5. Sik. N: 4t'l' ' 7,'•=1.4.7" l'c..1.4' .. . 11r: 44' 7 ' 41, •, , 'y r 4 a • e•4 1'-'-... i,i..-- 441i= fL• 1 I I I. t4C14. rA. 1, tl4 iiiw 4 I. 1 4 i 1 t'• r re r . It it 14, v , I(''t, i''''' ,,',.. ifrA..: 1 -0 ,!• cliv44,,, i,4 I. ,e 9 , *4. ii 1 L . -... rof .,,, 1 t t t 4 , 4 1i1! '-.. _7.L- ,rjo ,„q •—•:.1-. . ' -- i re' ..;-. "r..1.'1,4`... 1 + * '4 it '''• tr i'l` '4:- 'AL_ • e' , .1 ,i ! , i it i•,, 1 ri ' .. ' .A ., t ',,,• ' r ,, IL 4 4.16i'-''' 4 4 k 4 - ii,:,' . A, si, ',,, • t. 10 , L . i P•, ' . ). ' ;.... 4I1,A,,• 1 ° 1 . -4 -i 1 4 OR- k4t .-- L • ,•:' .4"1 . v s: • .,- - .....J, 44, ' • 44 r 4 , • , . 4 . r ii 1 , , 4gir v.' i 7.. ,`1, L • . " 1.- . L_ re- 1 -.. t, , ' •r 4%4 k' 41, iv ,. t '1 .., '„,:, - ' ; ',,1 ' 7,..-1,, • - 4.• . - :.• , Ir,...„,,,, 4* 44; • ' i' l• * A #- j, i i * ' • IL • ' . 4' '' • . 54 44.° IR.1 44* -'''' t 1 1 i T tfi'.1' . f' 4 6 -4 ,:': '". ' ' ,1',' '' i :4", ';• ,g,„,,,,, - '-.:fi f . 4 4.; ....)„, . , 4 ,,. e:. . .. •• .,•_,,,,„:,,, • , 4 ,m4 .• .. . ,..k.._ 1 s-.... , .-N. , r - A 1 tAllir-Aak_tit -• AN, A lipPlipIII1P 4r.' 4 ft- 1.40 i j''j i P 5., ,ill$ ,i? r-r •• , - "0. t ti Figure 6 1 A #1 g".1 p _ .. f ' 11 , •- I, ,.$4.4 - 1 y 1 4 i 1 1 1 1 1 r 4 4 1 50'-0' 3 1 2T-6* L 17-6' I 1 c ly DI t- 1 j i r aV L J pis;/ 4 1 L— J 4 It!V lovl 1 KITC eNI t Ly I' 1 4 1111 1 14 i r_— C DC D DDCr D Ci1 L__ JO i 1 1 t L.OE FLOOR PLAN-IST FLOO1Z 4 SCALE: I/8"=11_0" y k i 1I IFigure 7a 1 1 I 4 4 4 4 4 ii iz I I 50-0' I 51r-0*W-Ct 1 1 Cr a 1 )V ,1 D4ii gg CI CUD r,D gg 1 r Ui U H4 t ' 113 i r 1 0 niUU r °----- 4 4 1 1 U U, a D C 0 C7)r- - 4 L.-%1 rilDc, 11 i I DcD_..... i g 50-0" i 1 1 m 1 LorPee FLOOR PLAN-2NO FLOOR t 1 scALE: vas"=11-o" t. t tt i t i Figure 7b i 1 4 i . 01 1a •a- t gliLzcamp info g itzcaI mpcom op- 4 - ti ' 'rg s .. }— a 4.--- _ •. B' # X' info;a-.Iitzcam ..com Figure 8 Lodge Center Concept Renders I i 1 a planned tank sizes, at full occupancy, tanks would need to be filled approximately every 5 days. Y4 Calculations estimate approximately 144,000 gallons will be required to be reserved for fire suppression use. The applicant will comply with all requirements of the Fire Department for providing sufficient quantities and flow rates of water for fire suppression. Water for lodge use will not be able to draw from quantities of water reserved for fire suppression. i This area is not served by a County sewer system so project improvements will be required to provide a Wastewater System designed to meet the standards of the Department of Health by a civil engineer who is licensed by the State of Hawai'i. Preliminary plans call for 10 independent wastewater systems serving the Lodge improvements. Wastewater calculations performed by a licensed Civil Engineer are provided (Exhibit D). As planned the total anticipated wastewater flow is 11,600 gallons per day, well i below the 15,000 gallon per day flow limit established by the Department of Health. More detail is provided in Section 4C. A solar photovoltaic system is also proposed for the lodge complex. Preliminary plans call for a centralized ground mounted array with adequate size and battery storage capacity to serve the lodge. The applicants plan to begin the development process as soon as the requested special permit is granted. The estimated timeframe to obtain building permits and complete the development and infrastructure improvements and obtain final approval is 12 months. The estimated cost of said improvements for this project is approximately $1,000,000. 4 I t 3B. PROJECT LOCATION As noted earlier, the subject site will take up an approximate 14.9- acre portion of the subject parcel identified by TMK (3) 7-9-001: 002. The subject parcel is located off Pu`u Lehua Drive, approximately 3.5 miles east of its intersection with Mamalahoa Highway in Kealakekua. (Figure 1). i The subject parcel is 294.46 acres, primarily rectangular in shape, and is covered in brush and grassy clearings. This parcel was formerly a part of Hokukano Ranch and was created by SUB 7213 in 2009. The proposed lodge will be built on the southern side of the property, nearer the access road, yet set back approximately 1 500-feet from the southern property boundary. (Figure 2 & 3). 1 14 i 0 The subject parcel was involved in a pending subdivision application (SUB 06-000489). The applicant was unaware of the pending subdivision application and wishes to withdraw the property from the application (Exhibit F) 3C INSTITUTIONAL CONSIDERATIONS State Land Use The subject property is designated State Land Use Agriculture and the special permit will consist of approximately 14.9-acres of land. As such, no State Land Use Commission action is required. The1CountyofHawaiicanprocessthespecialpermitrequest. Special Management Area The subject property is approximately 5 miles from the coast and outside the SMA. County Zoning and General Plan The County zoning of the subject site is Agriculture 20-acres (A- 20a). The County General Plan Land Use Pattern Allocation Guide LUPAG) map, designates the subject portion of the parcel as1ImportantAgriculturalLands. 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. Further, Chapter 25-5-72 c) permits the establishment of a Lodge in the Agriculture district, provided that a Special Permit is obtained. The subject site 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(Figure 9). Under the Agriculture Lands of Importance to the State of Hawaii (ALISH) classification system, the subject site is classified as "other" land. 1 The U.S. Department of Agriculture Soil Conservation Service has designated six soil types for the subject property, all with 10 to 20 percent slopes: 1. Kealakekua cobbly hydrous silty clay loam makes up 48% of the subject parcel, very low runoff, well drained 1 15 TOW44111: 11.1i 111 00. 00/ iii iiim,..,,,„„hr.,. _,,..., .- iiiiiii........, Iiiiiiimr „:::,'-': 40,.... lc.,s:-.....' VI. ta,. t C K C CrrKKCCCKC C C C K C% . 111 C C C Calriplik.„„,-. , , K C K C K K ( K,.. 0011A . CKC`CC>C Kapier K Cr C C WOr c CtCK C C t t C i;`1u•c c C C, C p ',I1t 0 w c C C C K t Cc' t iG4: . 4116/11.__.. C c C C' C` C' c c C K C C C C C C KC C c C' K t K C C C> C C C Cu041,....,.` 4 CO 1 C C C C C t C ( C C • 1k tw„ , W -I C C C C C C C C ( %a b S ill 4.--it......,_. ..'...- 0,,1, (D L c c c c c c c c Y I••~ 4 K K c C G (:J.' C C G Feet elli1171' 11 I /® Legend 0 1.050 2,100 4,200 6.300 8,400 Alir 9•Subject Parcel Isb bl island NI 1 04 c - Recent Coffee Plantings TYPE F/ 1‘ mail SPP Project Area D W I E1 !Nparcels E S Figure 9. Coffee Plantings Near Project .` // 2. Honuaulu-Kealakekua complex makes up 21.6% of the subject parcel, low runoff, well drained 3. Kona and Haplic Udarents soils make up 10.4% of the subject parcel, high runoff, moderately well drained — pahoehoe flows southern side of property organic matter over pahoehoe lava 4. Honuaulu cobbly hydrous silt loam makes up 8.7% of the subject parcel, low runoff, well drained 5. Honuaulu hydrous silt loam makes up 6.6% of the subject parcel, low runoff, well drained 6. Honuaulu cobbly hydrous silt loam makes up 4.8% of the subject parcel All of the soils found on the subject property except for one consist of ash falls on a'a lava flows and are considered well drained with a low or very low runoff potential. The exception is the Kona and Haplic Udarents soils, which consist of decomposed organic matter on pahoehoe lava flows. That soil type has a high runoff potential and is considered moderately well drained. The proposed project site is not located on these soils derived from pahoehoe lava flows. The project site slopes slightly uphill in an easterly direction from approximately 3,000 feet elevation to approximately 3,300 feet elevation. 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: Though the agricultural operations on the remaining approximately 380 acres of the subject parcel are not a part of this special permit it should be noted that continued agricultural operations are planned for this parcel. 2.2 Goals a) Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. b) Economic development and improvement shall be in balance with the physical, social, and cultural environments of the island of Hawaii. 171 x I 4 c) Strive for diversity and stability in the economic system d) Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. e) Strive for an economic climate that provides its residents an opportunity for choice of occupation. t) 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. 12.2 Goals a) Provide a wide variety of recreational opportunities for the residents and visitors of the County b) Maintain the natural beauty of recreation areas. c) Provide a diversity of environments for active and passive pursuits 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 14.2.2 Goals a) Identify, protect and maintain important agriculture lands on the island of Hawaii. b) Preserve the agricultural character of the island. c) Preserve and enhance opportunities for the expansion of Hawaii's Agricultural Industry. 14.2.3 Policies a) Implement new approaches to preserve important agricultural land. j) Ensure that development of important agricultural land be primarily for agricultural use. r) Encourage, where appropriate, the establishment of visitor- related uses and facilities that directly promote the agriculture industry. f i 18 4 1 I The General plan also makes mention to encourage development of small-scale retreats; Although resort development has traditionally been located in coastal areas, smaller scale resort projects such as mountain and retreat resort complexes may be developed in the future. In recent years, niche tourism markets, such as eco-tourism and health and wellness tourism have established themselves throughout the island. Niche markets for these types of tourism have growth potential by promoting the abundance of natural, historical and cultural resources this island has to offer. While most of the larger resorts focus upon recreational opportunities offered by the island's coastal resources, these niche tourism markets also take advantage of other natural and cultural resources available from various locations throughout the County. Approval of the requested Special Permit would be in line with the aforementioned economic, recreation and land use goals and policies of the General Plan by maintaining the natural beauty and productivity of the area while providing a venue for a unique visitor experience. Further, as the requested permit area is less than 5% of the total land area of the subject parcel, the remaining 95% would still be available for agricultural pursuits. Kona Community Development Plan The Kona Community Development Plan (KCDP) attempts to further define the General Plan and serves as a guide for decision- makers. The proposed project conforms to the following objectives of the KCDP: Policy ECON-2.1: Explore and provide opportunities to support, promote or enhance Kona's agricultural industries. The proposed retreat lodge meets this criterion of the KCDP outlined above by proposing to use the existing land in a manner intended to showcase the natural beauty of Kona while creating new ecotourism opportunities for visitors, employment opportunities for the community, and diversity in agricultural pursuits. Further, 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. 19 3D SURROUNDING ZONING AND LAND USES The property is 294.49 acres; the applicants wish to obtain a permit to use a 14.9-acre portion of the property, leaving the remaining 279.59 acres (95%) in agricultural use. The subject site is zoned A- 20a within the State Land Use Agriculture. The surrounding parcels are all zoned A-20a. Many neighboring parcels are being used for cattle ranching. Some large parcels at slightly lower elevation are planting out hundreds of acres of coffee trees on areas of more desirable soils. The town of Kealakekua is approximately 3.5 miles to the west, with various residential and commercial zoning. 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). Due to the young undissected volcanic nature of the land there are no defined drainageways crossing the property. Accordingly, the site has not and should not be subject to flooding.1 3F ARCHAEOLOGICAL RESOURCES An Archaeological Reconnaissance Survey of the proposed Special Permit Area was performed by Scientific Consultant Services Inc. on March 31, 2020 (Exhibit E) The survey covered 100% of the approximately 15 acre area and found "there were no archaeological sites and no historic properties identified on Parcel 002." If needed, an archaeological monitoring plan can be prepared and implemented in conjunction with land clearing activity. The elevation, remoteness of the site from the coast and its history of ranching makes significant archaeological finds unlikely. Further, f historic aerial photos from 1953 and 1964 (Figures 10 & 11) show the entire property, with the exception of one square wooded area approximately 2.5 acres in size, had been cleared prior to 1954 for ranch operations. No lodge operations are planned within 2,000 feet of this area. Historic ranch rock walls border the property to the east and west. No lodge development or infrastructure is planned within 200-feet of the eastern (mauka) rock wall, nor within 1,000-feet of the western (makai) rock wall. The proposed Special Permit area was completely cleared by ranch operations and had no ranch infrastructure built upon it, save for the rock walls, which will not be impacted by lodge development. Therefore, impacts to archaeological resources are very unlikely. 20 Ui ect to!,el t :^. sr pp1-ox lln ate .:;,:i w Special Perna i r• x1 A n . A. i ` '. s, ... ' `{ e i v T c; t S' 47.%.c... 44*, Mg,y tinAp 4,,,,,,%.•,.,,,,,: _ s "x i` '+ 1s ‘:',1,,,:.4 y t' F tevr +,., S k<+ ,! wY Ffimo jamy i 3 a - :',.34.4.,4:437. Figure 10 Historic 1953 aerial photo, arrows indicate features for alignment TINII u at\,1 y•1t Approximat , ,1 a S ecial P f • r. ,,v to, _L`•:'.,,,t4 a f a`f~ l t' t- a, + at.. \ ,. n. a r , i. bi S 4X.: i,na w} V k e 1 v. a pY • .• tt, c 4 . al \ ~1 h 1,} l; t t c.A. kt t•,f' •w'• a Iv);, , ,• v., Sn 1 "iyp .,ti .;. '1 yt r lZ l';`•\• s,1. S.• t , t t R v, ,, v-'.{ a v •,. 1 t 1 rVtY ix./l 1-2.,."‘.y t z• d t t. 1tT \ 1 ,11..' •.\ ...a} , ' t p Y\ 4,,\......; t.',..,": F 494,3 ' '°s,1-t7'.. .. .1 # r ;y.. I( k;`; Figure 11 gtaritl 4•aeribt photo, arr s.4'!A''.-trate eatures for alignment V tj •, .E .•14 • _.•. ,'.."•^ '''..-,,i -.;-, Vi,.......,.),,,::„, l.r ,a ` t cars e •y. . 1--.,:„....„, r ,..:;`k,":4R.., However, in the event any inadvertent discoveries are made during any land disturbance activity relating to this project, work in the immediate area 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 as this area has been used for ranching for many years. Further, the rural nature of the surrounding areas would make it less likely to find endangered animal life in this area. It would be possible to find the Island-wide ranging Hawaiian Hawk (I'o), Hawaiian Owl (Pueo), Hawaiian Goose (Nene), and the Hawaiian Hoary Bat on site, however this is not their main habitat. 1 The vegetation at the proposed lodge site is primarily non-native and weedy in nature, consisting mainly of grasses and fireweed, Himalayan blackberry bushes and guava trees. 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, pigs 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 23 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 project area of the subject property (Exhibit E). 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 Pu'u Lehua Drive, approximately 3.5 miles east of its intersection with Mamalahoa Highway. Pu`u Lehua Drive is an undivided private road with an average pavement width of 11 feet and 24-foot grassed shoulders within an 80 to 100- foot right-of-way at least to the subject parcel situated at approximately 3,300 feet of elevation. From the highway to the subject property, Pu'u Lehua Drive is completely paved. However, Pu'u Lehua Drive continues beyond the subject property another approximately 4.5 miles to over 4,700 feet of elevation. On this section beyond the subject property, some sections may be gravel or dirt. See attached Declaration of Easements benefitting the subject parcel detailing the legal access (Exhibit B). The proposed access is depicted on the location map (Figure 1). There are established codes distributed to emergency services for the operation of the three (3) mechanically operated gates between Mamalahoa Highway and the subject property. Guests will be provided with access codes to operate the gates and remote control "clickers" upon check-in. Currently, access within the property is by an existing gravel drive approximately 1,400 feet in length and 10-feet wide that leads to a ranch house built in 1996. Plans call for improving the driveway and creating an approximately 2,000-foot-long access road to the lodge improvements, providing parking near each rental unit (50 spaces total) as shown in Figure 2. 24 Consultation with the Fire Department has indicated that sections of Pu'u Lehua Drive may exceed 15% grade. The Fire Department has requested a survey of the roadway be conducted to determine if improvements may be necessary. The applicant will perform said survey and reasonable access improvements as a condition of approval. However, if the required access improvements are too costly or impractical to accomplish, according to the National Fire Protection Association, Uniform Fire Code, 2006 version with County of Hawaii amendments: Chapter 18.1 General. Fire department access and water supplies shall comply with this chapter. For occupancies of an especially hazardous nature, or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, or areas where there is an inadequate fire flow, or inadequate fire hydrant spacing, and the AHJ may require additional safeguards including, but not limited to, additional fire appliance units, more than one type of appliance, or special systems suitable for the protection of the hazard involved. The applicant is committed to meeting the requirements of the Fire Department and will work to comply with all applicable requirements. 3K TRAFFIC IMPACTS Traffic on Pu'u Lehua Road is generally low and made up primarily by residents of the area and workers at nearby agricultural operations. The proposed use would generate a modest increase in traffic to the subject site. A traffic impact analysis report (TIAR) can be performed if required, however based on 40 rooms it would be unlikely to generate 50 peak hour trips or more. This level of traffic is no different than existing rural levels combined with agricultural operations in the area. Aerial photos of a nearby coffee farm on Pu'u Lehua Road show approximately 40 vehicles on site at the time of the photo. 3L AVAILABILITIES OF UTILITIES No utilities are available to the project site. Rainfall in the area is approximately 58 inches average annually, insufficient to support catchment systems for domestic use. The applicant intends to have water trucked to tanks on site that would serve the lodge improvements. 25 Water use calculations have been prepared by a civil engineer for the planned lodge uses (Exhibit C). Calculations estimate that at full occupancy domestic water use (excluding the lodge center) will total 8,000 gallons per day. The lodge center is estimated to use approximately 3,600 gallons per day. With planned tank sizes, at full occupancy, tanks would need to be filled approximately every 5 days. Calculations estimate approximately 144,000 gallons will be required to be reserved for fire suppression use. The applicant will comply with all requirements of the Fire Department for providing sufficient quantities and flow rates of water for fire suppression. Water for lodge use will not be able to draw from quantities of water reserved for fire suppression. This area is not served by a County sewer system so project improvements will be required to provide a Wastewater System designed to meet the standards of the Department of Health by a civil engineer who is licensed by the State of Hawai'i. Preliminary plans call for 10 independent wastewater systems serving the Lodge improvements. Wastewater calculations performed by a licensed Civil Engineer are provided (Exhibit D). As planned the total anticipated wastewater flow is 11,600 gallons per day, well below the 15,000 gallon per day flow limit established by the Department of Health. More detail is provided in Section 4C. The applicant intends to permit and construct a solar photovoltaic power system with battery storage and underground distribution system to serve each of the units and the main lodge center. This system will be professionally engineered and permitted to meet all relevant regulations. REGULATORY ANALYSIS 4A 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 5 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 proximate to the subject site and many of the properties in the area utilize natural vegetation to screen views from neighboring properties. The surrounding parcels are all large (50+ Acres). The size and adequate setback of the lodge from neighboring parcels mitigates much of any potential 26 4 SS adverse effects. The applicant will establish and maintain landscaping in keeping with the character of the area. All patrons will park onsite in parking stalls provided by the applicant. Based on the number of visitors and frequency of visits, the proposed request will generate a modest increase in traffic. However, increases in traffic are expected to be in line with the traffic associated with agricultural developments in the area, and the potential increase generated by intensive agricultural development of the subject parcel. 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' proposed use is quiet and will not cause a nuisance to the surrounding community regarding sound. The applicant will comply with residential noise 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 surrounding neighborhood. Also, due to the western downward slope in the topography of the land, and the parcel's size, the proposed project should not interfere with the view of any of the surrounding properties. 4C 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 already accessible via Pu'u Lehua Drive and no additional utilities will need to be provided by public agencies. The Captain Cook Fire Station is approximately 5.5 miles from the subject site and the Kealakekua Police Station is approximately 4 miles away. Water usage calculations were prepared by a licensed civil engineer(Exhibit C). Calculations estimate that four 10,000-gallon water storage tanks serving the lodge rental units and one 18,000- gallon tank serving the lodge center will be sufficient to store 5 days of water needs at full capacity. Non-potable agricultural uses are still to be determined and are not included in the calculations. If required the minimum size of the fire suppression reservoir may be increased to accommodate potential irrigation and livestock uses, with provisions for reserving at least 144,000 gallons exclusively for fire suppression purposes. 4 g 27 4 EEE Wastewater generation calculations were prepared by a licensed civil engineer for the proposed lodge (Exhibit D). Wastewater will be handled by Individual Wastewater Systems meeting Department of Health Requirements, designed by a civil engineer licensed in the State of Hawaii. According to Hawaii Administrative Rules 11- 62-31.1(2) "Developments involving buildings other than dwellings," where 11-62 definition of"dwelling" excludes hotels and lodging houses, (B) "The total wastewater flow of the development shall not exceed 15,000 gallons per day." EPA estimates average daily wastewater flow of approximately 50 to 70 gallons per day, which for the proposed maximum of 150 users would generate 7,500 to 10,500 gallons of wastewater per day, well below the DOH maximum for uses served by Individual Wastewater Systems. Calculations indicate for the proposed use requiring 10 individual wastewater systems would generate a total wastewater flow of 11,600 gallons (8,000 gallons for the rental rooms and 3,600 for the lodge center), well below the 15,000 gallon per day maximum established by the Department of Health. Consultation with the Fire Department has indicated that sections of Pu'u Lehua Drive may exceed 15% grade. The Fire Department has requested a survey of the roadway be conducted to determine if improvements may be necessary. The applicant will perform said survey and reasonable access improvements as a condition of approval. However, if the required access improvements are too costly or impractical to accomplish, according to the National Fire Protection Association, Uniform Fire Code, 2006 version with County of Hawaii amendments: Chapter 18.1 General. Fire department access and water supplies shall comply with this chapter. For occupancies of an especially hazardous nature, or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, or areas where there is an inadequate fire flow, or inadequate fire hydrant spacing, and the AHJ may require additional safeguards including, but not limited to, additional fire appliance units, more than one type of appliance, or special systems suitable for the protection of the hazard involved. The applicant is committed to meeting the requirements of the Fire Department and will work to comply with all applicable requirements. 4D Unusual conditions, trends, and needs have arisen since the district boundaries and regulations were established. The recent implementation of Bill 108, regarding Short-Term Vacation Rentals, has reduced the number and variety of lodging options outside of 28 resort areas. The previous proliferation of unregulated STVRs shows the potential market for properly regulated alternative lodging options. This project attempts to fulfill that need. Allowing a Special Permit to conduct a small eco-tourism lodge will offer a unique lodging experience for visitors in a uniquely beautiful setting while preserving the agricultural character of majority of the parcel and the wider area. 4E The land upon which the proposed project would be located is unsuitable for most agricultural uses given the soil classifications. The majority of the property (approximately 70%) has soil classified as D, or poor with Land Study Bureau, the remaining 30% of the property (including the 14 acre lodge site) has soil classified as E, or very poor, making it unsuitable for most intensive agriculture. Looking at recent coffee plantings just below the subject property, and older plantings in the area, soils classified as D are being planted out while soils classified as E are not (Figure 7). 4F The proposed use will not substantially alter or change the essential character of the land and the present use. The proposed project is intended to preserve the essential character of the land so that it may remain substantially in agricultural use. As mentioned above, the only alterations to the subject site will be the addition of necessary related improvements so that visitors may enjoy the natural beauty of the site. Thus, the applicants will utilize the land to its highest and best use rather than allowing it to sit and potentially become overgrown with invasive species. 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 Kona Community Development Plan. The General Plan states under Economic goals: 2.2(a) Provide residents with the opportunity to improve their quality of life through economic development that enhances the county's natural and social environments. 2.2(b) Economic development and improvements shall be in balance with the physical, social, and cultural environments of the Island of Hawaii. 2.2(c) Strive for diversity and stability in the economic system. 2.2(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. 29 rz 2.2(e) Strive for an economic climate that provides its residents an opportunity for choice of occupation. 2.3(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. Recreation goals: 12.2(a) Provide a wide variety of recreational opportunities for the residents and visitors of the County 12.2(b) Maintain the natural beauty of recreation areas. il 12.2(c) Provide a diversity of environments for active and passive pursuits Land Use Goals/Policies: 14.1.3(f) Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment 14.2.2(a) Identify, protect and maintain important agriculture lands on the island of Hawaii. 14.2.2(b) Preserve the agricultural character of the island. 14.2.2(c) Preserve and enhance opportunities for the expansion of Hawaii's Agricultural Industry. 14.2.3(a) Implement new approaches to preserve important agricultural land. 14.2.3(j) Ensure that development ofimportant agricultural land be primarily for agricultural use. 14.2.3(r) Encourage, where appropriate, the establishment of visitor-related uses and facilities that directly promote the agriculture industry. The Kona Community Development Plan (KCDP) attempts to further define the General Plan and serves as a guide for decision- makers. The proposed project conforms to the following objectives of the KCDP: 30 1 l Objective ECON-2. Strengthen and Encourage New Agricultural-Related Endeavors. To enhance existing and encourage new agriculturally-related endeavors. f'X Policy ECON-2.1: Explore and provide opportunities to support, promote, or enhance Kona's agricultural industry. The proposed request clearly meets the goals of the General Plan and the Kona Community Development Plan outlined above. The proposed project will provide an opportunity for the applicant to establish a unique visitor experience opportunity while still pursuing diverse agricultural pursuits on the majority of the parcel where the preferred soils exist. 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 Agricultural district, seek to preserve or keep the land of high agriculture potential in agriculture usage. As noted earlier the site is considered "other" Important Agricultural Land under ALISH, but classified by the Land E,Study Bureau as or very poor, and would be unsuitable for commercial agriculture due to its soil quality. The proposed use will allow a portion of a parcel unsuitable for agricultural purposes to provide employment opportunities for area residents, and alternative lodging options for visitors, while still allowing productive agriculture on the majority of the parcel where the more suitable soils exist. In conclusion, the proposed Special Permit request would provide the growing number of visitors to the South Kona area with additional lodging options and recreational opportunities while showcasing the natural beauty of Kona and keeping land of high agricultural potential in agricultural usage. 31 January 12, 2020 14. Island Engineering, LLC HOKUKANO RANCH— CIVIL ENGINEERING SCOPE Pu'u Lehua Drive Captain Cook, HI 96704 TMK: (3) 7-9-001: 002 1 To Whom It May Concern: Island Engineering, LLC has been requested to provide Civil Engineering services for a proposed project at Hokukano Ranch, North Kona; TMK (3) 7-9-001: 002. Listed below are the potential services that our office will provide: 1. Individual Wastewater System (IWS) Design 2. Water usage calculations, including a commercial kitchen 3. Grading Plan 4. Driveway access and parking layout 5. Stormwater calculations Considering the project is currently in a conceptual phase, some services listed above may be deemed not necessary and additional services may be needed as the project develops. Sincerely, Jeff Ross, PE Island Engineering, LLC I tk 9iyyS Island Engineering, LLC PO Box 283, Pahoa HI 96778 I jrosseislandengineeringllc.com Exhibit A LAND COURT REGULAR SYSTEM Return By Mail Pick-Up To: TITLE OF DOCUMENT: DECLARATION OF EASEMENTS PARTIES TO DOCUMENT: 0 WNER: HOKUKANO RANCH, INC., a Hawaii corporation P.O. Box 2240 Kealakekua, Hawaii 96750 TAX MAP KEY(S): This document consists oe5pages.) Benefited Lot: (3)7-9-001-002 [Lot 5] Burdened Lots: (3)8-1-002-040(por)[Lot 1-A]; 7-9-001-016[Roadway Lot A];and 7-9-001-028 [Roadway Lot B] 93 t 4 6i 4848-8228-0264.2 Exhibit B DECLARATION OF EASEMENTS This Declaration of Easements is made on this day of 2017, by HOKUKANO RANCH, INC., a Hawaii corporation, whose address is P.O. Box 2240. Kealakekua, Hawaii 96750, hereinafter referred to as "Owner". WHEREAS, Owner is the owner of those certain parcels of land (being portion(s) of the land(s) described in and covered by Royal Patent Grant 3155 to Henry N. Greenwell) situate at Hokukano Tract, North Kona, Island and County of Hawaii, State of Hawaii, designated on the tax maps of the State of Hawaii as Tax Map Key Nos. (3) 7-9-001:016 Roadway Lot A") and 028 ("Roadway Lot B") WHEREAS, under that certain Grant of Access and Utility Easement dated December 19, 2016, by and between Owner and Kona Hills, LLC, recorded in the Bureau of Conveyances of the State of Hawaii as Document No. A-61970616, Owner has the right to grant easements over the Easement Area defined therein, which includes Easement 1-A, as more particularly described in Exhibit "B" attached hereto, located on that certain parcel of land (being portion(s) of the land(s) described in and covered by Royal Patent Grant 3155 to Henry N. Greenwell) situate at Hokukano Tract, North Kona, Island and County of Hawaii, State of Hawaii, designated on the tax maps of the State of Hawaii as (3) 8-1-002:040 (por.) ("Lot 1-A"); and WHEREAS, Owner is the owner of those certain parcel of land (being portion(s) of the land(s) described in and covered by Royal Patent Grant Number 3155 to Henry N. Greenwell) situate, lying and being at Hokukano Tract, Kona, Island and County of Hawaii, State of Hawaii, being LOT 5, bearing Tax Key designation (3) 7-9-001-002, and containing an area of 294.462 acres, more or less, and which parcel is more particularly described in Exhibit A" attached hereto ("Benefitted Lot"); and WHEREAS, Owner desires to grant certain easements for road and utility purposes in favor of and for the benefit of the Benefitted Lot. NOW, THEREFORE, Owner hereby declares, grants and conveys the following: 1.A perpetual non-exclusive easement for road and utility purposes, designated as Easement 1-A, as more particularly described in Exhibit B" attached hereto, for the benefit of the Benefitted Lot. 2.A perpetual non-exclusive easement for road and utilities purposes, designated as Roadway Lot A, as more particularly described in Exhibit C" attached hereto,for the benefit of the Benefitted Lot. 3. A perpetual non-exclusive easement for road and utilities purposes, designated as Roadway Lot B, as more particularly described in Exhibit D" attached hereto, for the benefit of the Benefitted Lot. collectively the "Easements"). 4848-8228-0264.2 2 AND, Owner further declares that said Easements and the rights and interests hereby granted shall be SUBJECT TO the condition that the owner of the Benefitted Lot which is benefited by said Easements shall contribute for the improvement, repair and maintenance of the Easements as may be determined by the Owner and/or Hokukano Ranch Owner's Association Association") from time to time in accordance with Section 6.02(c) of that certain Declaration of Covenants, Conditions and Restrictions dated April 4, 2001, recorded in the Bureau of Conveyances of the State of Hawaii as Document No. 2001-052930. Without limiting the generality of the foregoing, such owner(s) shall share the cost of maintaining the Easements and all improvements located therein or appurtenant thereto, and shall pay such owner(s)'respective share of such costs within thirty (30) days of billing. AND, any other provision herein notwithstanding, this Declaration of Easements is subject to the reservation unto Owner of the following rights, to which the owner(s) of the Benefitted Lot consents: (i) the right from time to time to realign or relocate the Easements, at Owner's own cost, as development or use of the surrounding lands may require, provided that such realigned or relocated Easement shall not be unduly circuitous or lengthy, and provided further that upon completion of such realignmentp or relocation, Owner shall amend this Declaration of Easements to reflect such realigned or relocated Easement(s); (ii) the right to subdivide all or any portion of the land through which the Easements cross into lots or to consolidate all or any portion of such land with adjoining land and to resubdivide the same into lots at Owner's expense; and (iii) the right to make one or more irrevocable, nonexclusive grants or assignments of nonexclusive rights in the Easements from time to time to any person, including without limitation, governmental authorities, public or private utilities, or others. This Declaration shall inure to the benefit of and bind the owner of the Benefitted Lot described above, and shall run with the land. This Declaration may be executed in any number of counterparts and by the different parties hereto on separate counterparts, each of which when so executed and delivered shall be an original, but all of which shall together constitute one and the same instrument. remainder ofpage left intentionally blank] 4848-8228-0264.2 3 IN WITNESS WHEREOF, the parties have executed this Declaration of Easements on the day and year first above written. Owner of Lot S HOKUKANO RANCH, INC., a Hawaii corporal an41/4 By: Name: f /fS L, • P,qc, Title: 'p kkIi 3j{ pppf 4848-8228-0264.2 4 i d 4 i5 i 4 z STATE OF HAWAII ss. COUNTY OF HAWAII On this 7 , ,r day ?f ,'`'" , 2017, before me personally appeared _77 'i L1 40 TA's-{' -- ('4-c personally known/proved to me on the basis of satisfactory evidence, who, being by me duly sworn or affirmed, did say that such person executed the foregoing instrument as the free act and deed of such person, and if applicable in the capacity shown, having been duly authorized to execute such instrument in such capacity. i i 1 i 4 1 pR AAName:RO EM! `SCHATZLEIN o fm= Notary Public, State of Hawaii cc 99-341 Z Notary Stamp 4.se.-40 My commission expires: 67- (}7i 207q i,,TE t0 F` µtpt``` ` 1 i NOTARY CERTIFICATION STATEMENT t1DocumentIdentificationorDescription:T f i'r u C =- Document Date: Mme' ac, 70 i 7 I e otuuttutt,,,,No. of Pates: RY SCy 'i.,. Jurisd} tion (in which4 -1"-C-A4e.-e:--f4q1171-Zt notarial act is performed): 4, •''J.4 Y••. 3:7c4,I c'<'' S- i,o0C 1 99.341 : Z 1/ Z Z9 <7SigtaiofNotaryDateofotanzationand s>:•••jOUa L c:• P ROSEMARY SCHATZLEIN Certification Statement 47.E * oftr\Notary" d43o `Seal) 4848-8228-0264.2 EXHIBIT A LOTS LAND SITUATED ON THE SOUTHERLY SIDE OF ROADWAY LOT A (A 100-FEET WIDE RIGHT-OF-WAY) ABOUT 2.2/3 MILES EASTERLY (MAUICA) OF THE HAWAII BELT ROAD AND KONAWAENA SCHOOL SITE AT HOKUKANO TRACT,NORTH KONA & SOUTH KONA,HAWAII,HAWAII BEING A PORTION OF GRANT 3155 TO HENRY N. GREENWELL Beginning at the Northeast comer of this parcel of land being the Northwest corner of Lot 7, the coordinates of said point of beginning referred to Government Survey Triangulation Station PUU OHAU" being 11,750.45 feet North and 25,322.82 feet East and running by azimuths measured clockwise from True South: 1. 337° 39' 39" 3,931.71 feet along Lot 7 to a point; Thence along the North side of Roadway Lot A for the following eight(8) courses: Thence along a curve to the right having a radius of 899.88 feet, the chord azimuth and distance being: 2. 65° 02' 42" 146.84 feet to a point; 3. 69° 43' 30" 369.58 feet to a point; Thence along a curve to the left having a radius of 2,000.00 feet, the chord azimuth and distance being: 4. 62° 29' 18" 503.87 feet to a point; 5. 55° 15' 06" 361.50 feet to a point; Thence along a curve to the right having a radius of 1,900.00 feet, the chord azimuth and distance being: 6. 60° 21' 29" 338.22 feet to a point; 7. 65° 27' 52" 674.88 feet to a point; 1 Exhibit A4848-8228-0264.2 SPP EXHIBIT B Thence along a curve to the left having a radius of 1,000.00 feet, the chord azimuth and distance being: 8. 55° 39' 31- 340.62 feet to a point; 9. 45° 51' 10"265.43 feet to a point; 10.157° 31' 00"491.71 feet along Lot 1 to a point; Thence along TMK (3) 7-9-02:15, along Grant 1170 to Charles Hall for the following twenty-six (26)courses: 11. 156' 33' 00" 90.14 feet to a point; 12. 156° 41' 00" 169.28 feet to a point; 13. 153° 21' 30" 48.00 feet to a point; 14. 149° 25' 30" 69.95 feet to a point; 15. 153° 39' 30" 120.69 feet to a point; 16. 151' 40' 00" 292.28 feet to a point; 17. 151° 32' 30" 208.03 feet to a point; 18. 151° 33' 30" 97.60 feet to a point; 19. 149° 29' 37" 67.23 feet to a point; 20. 152° 59' 07" 139.88 feet to a point; 21. 148° 37' 30" 35.67 feet to a point; i 22. 149° 34' 00" 407.17 feet to a point; 23. 149° 29' 00" 98.18 feet to a point; 24. 146° 20' 30" 74.62 feet to a point; 25. 143° 02' 30" 155.62 feet to a point; 26. 146° 26' 30" 82.57 feet to a point; 27. 150° 01' 00" 392.15 feet to a point; 2 Exhibit A4848-8228-0264.2 SPP EXHIBIT B 28. 154° 54' 00" 154.65 feet to a point; 29. 157° 06' 00" 134.43 feet to a point; 30. 163° 05' 30" 127.59 feet to a point; 31. 160° 21' 00" 107.58 feet to a point; 32. 160° 56' 00"232.15 feet to a point; 33. 159° 41' 30" 148.94 feet to a point; 34. 162° 30' 30" 157.44 feet to a point; 35. 160° 15' 00" 182.87 feet to a point; 36. 157° 05' 10" 110.07 feet to a point; Thence along TMK: (3) 7-9-02:14, along Land Commission Award 8559-B, Apana 9, Lehuula Tract for the following twelve 12) courses: 37. 249° 14' 10"376.42 feet to a point; 38. 249° 01' 10" 543.49 feet to a point; 39. 249° 09' 40"438.21 feet to a point; 40. 248° 29' 50" 128.42 feet to a point; 41. 247° 51' 50" 97.14 feet to a point; 42. 247° 53' 50" 63.64 feet to a point; 43. 250° 30' 23"241.04 feet to a point; 44. 248° 49' 23" 71.53 feet to a point; 45. 246° 19' 14" 171.76 feet to a point; 46. 248° 27' 14"292.48 feet to a point; 47. 249° 28' 44" 344.42 feet to a point; 48. 250° 37' 04"457.12 feet to the point of beginning and containing an area of294.462 acres, more or less. 3 Exhibit A4848-8228-0264.2 SPP EXHIBIT B EXHIBIT B 1 1 4848-8228-0264.2 Exhibit B x EASEMENT 1-A For Access&Utilities Purposes EASEMENT SITUATED ON THE EASTERLY SIDE OF HAWAII BELT ROAD ABOUT 500 FEET NORTH OF KONAWAENA HIGH SCHOOL AT KANAKAU 1ST.—3DILFKAH1,KEEKEE 1ST&2N° HALEKII,KANAUEUE 1ST&2ND AND HOKUKANO TRACT BEING PORTIONS OF GRANT 787 TO HENRY N.GREEN WELL GRANT 1862 TO KAPULE GRANT 1174 TO KUAI GRANT 2004 TO KAUNA LAM)COMMISSION AWARD 387 TO AMERICAN BOARD OF COMMISSIONERS FOR FOREIGN MISSIONS(A.B.C.F.M.)AND GRANT 3155 TO HENRY N.GREEN WELL Beginning at the Southwest corner of This Easement on the Easterly(mauka)side of HawaiiBeltRoadwithinTMK:(3)8-1-02:40,the coordinates of said point of beginning referred to GovernmentSurveyTriangulationStation"PUU OHAU"being 31524 feet North and 11,276.01 feet East andrunningbyazimuthsmeasuredclockwisefromTrueSouth: 1 172° 56' 00" 100.00 feet along the Easterly side of Hawaii Belt Road to a point; Thence,along the remainder of TMK:(3)8-1-02:40,along the remainder ofGrant 787 to Henry N.Greenwell for the following six(6)courses:t s2 . 262° 56' 00" 31.27 feet to a point; 3. 275° 24' 52.5" 816.86 feet to a point; 4. 274° 41' 00" 125.78 feet to a point; 5. 259° 08' 15" 434.56 feet to a point; 6. 225° 00' 25" 67.04 feet to a point; 7. 204° 48' 20" 331.00 feet to a point; 1of7- i KONA SURVEYORS,INC. P.O.Box 58 TMK:(3)8-1-02:03,TMK:(3) 7-9-01:01 TMK:(3)8-1-01:02,06,07 TMK:(3)8-1-02:03Kailua-Kona,Hawaii 96745-0058 JOB NO: 1670-99 2 Exhibit B4848-8228-0264.2 8. 249' 04' 38" 327.09 feet along Lot A to a point; 9. 249' 31' 17" 241.73 feet along Lot A to a point; 10. 250' 00" 00" 94.56 feet along the remainder of TMK:(3)8-1-01:06.the Remainder of Grant 1174 to a point; Thence along the remainder of'FMK:(3)8-1-01:06,the remainder of grant 1174,along a curve to the left having a radius of 600.00 feet,the chord azimuth and distance being: 11. 215' 00' 00" 688.29 feet to a point; 12. 180' 00' 00" 228.14 feet along the remainder of TMK:(3)8-1-01:05,the remainder of Grant 1174 and along the remainder of TMK:(3)8-1-0I:07,the remainder ofGrant 2004 to a point; Thence along the remainder of TMK:(3)8-1-01:07.the remainder ofGrant 2004,along a curve to the right having a radius of 700.00 feet,the chord azimuth and distance being: 13. 192' 30' 00" 303.01 feet to a point; 14. 205' 00' 00" 1371.11 feet along the remainder of TMK:(3)8-1-01:07,the remainder of Grant 2004 and the remainder of TMK:(3)8-1-01:02,the remainder of L.C.Award 387 to a point; o-' 15. 190° 00' 00" 351.08 feet along the remainder ofTMK.:(3)8-1-01:02,the remainder of L.C.Award 387,along the remainder of TMK:(3)7-9-01:01,the remainder of Grant 3155 and HOKUKANO TRACT to a point; Thence along the remainder of HOKUKANO TRACT for the following six(6)courses: Thence along a curve to the right having a radius of 300 feet,the chord azimuth and distance being: 2of7- KONA SURVEYORS,INC. TMK:(3)8-1-02:03,TMK:(3) 7-9-01:01P.O.Box 58 TMK:(3)8-1-01:02,06,07—TMK:(3)8-1-02:03Kailua-Kona.Hawaii 96745-0058 JOB NO: 1670-99 t r 3 Exhibit B4848-8228-0264.2 q 1 93 16. 231' 25' 30" 396.98 feet to a point; I7. 272' 51' 00"524.23 feet to a paint; 2 Thence along a curve to the left having radius of 1400.00 feet,the chord azimuth and distance being: 18. 253° 56' 30" 907.35 feet to a point: 19. 235' 02' 00" 230.08 feet to a point; Thence along a curve to the right having radius of 1500.00 feet,the chord azimuth and distance being: 20. 243' 42' 50" 452.78 feet to a point; 21. 252' 38' 08" 35.93 feet to a point; Thence along TMK:(3)7-9-02:01,along Grant 69 to PREST CUMMINGS for the following thirty-one31)courses: 22. 247' 46' 55" 195.92 feet to a point; 23. 251' 33' 25" 74.93 feet to a point; 24. 252' 36' 56" 179.32 feet to a point; 25. 254' 31' 55" 132.04 feet to a point; 26. 255' 55' 25" 236.16 feet to a point; 27. 255' 14' 25" 124.75 feet to a point: 28. 252' 44' 55" 116.45 feet to a point; 29. 258' 20' 25" 212.71 feet to a point; 30. 264' 27' 55" 35.37 feet to a point; 31. 267' 01' 55" 90.62 feet to a point; 3of7- KONA SURVEYORS,INC. P.O.Box 58 Tom:(3)8-1-02:03,MIK:(3) 7-9-01:01 TMK:(3)8-1-01:02.06,07-TMK:(3)8-1-02:03Kailua-Kona,Hawaii 96745-0058 JOE NO: 1670-99 4 i Exhibit B4848-8228-0264.2 32. 252° 00' 25" 42.13 feet to a point; 33. 262' 53' 25" 77.75 feet to a point; 34. 255' 19' 55" 32.09 feet to a point; 35. 261' 30' 25" 62.51 feet to a point; 36. 268' 39' 55" 40.09 feet to a point; 37. 260' 08' 55" 64.15 feet to a paint; 1 38. 241' 29' 55" 38.28 feet to a point;z 39. 285° 39' 22" 13.61 feet to a point; 40. 253' 27' 53" 14.59 feet to a point; 41. 269' 15' 29" 40.28 feet to a point; 42. 255' 49' 59" 99.41 feet to a point; 43. 267' 44' 59" 19.11 feet to a point; 44. 251' 12' 59" 10720 feet to a point; 45. 265' 23' 29" 44.04 feet to a point; 46. 258' 01' 29" 61.95 feet to a point; ti.47. 260' 19' 59" 52.26 feet to a point; 48. 255' 22' 59" 70.66 feet to a point; 49. 264' 00' 59" 138.21 feet to a point; 50. 267° 48' 59" 58.12 feet to a point; 51. 260' 22' 29" 34.89 feet to a point; 4of?- KONA SURVEYORS,INC. TMK:(3)8-1-02:03,TMK:(3) 7-9-01:01P.0.Box 58 TMK:(3)8-1-01:02,06.07-TMK:(3)8-1-02:03Kailua-Kona,Hawaii 96745-0058 JOB NO: 1670-99 5 Exhibit B4848-8228-0264.2 52. 251' 02' 59" 111.19 feet to a point; Thence along the remainder of Grant 3155,along The remainder of HOKUKANO TRACT for the following four(4)courses: 53. 280' 19' 23" 307.50 feet to a point; 54. 257' 00' 00" 581.71 feet to a point; 55. 249' 38' 06" 4,067.53 feet to a point: 56. 225' 51' 10" 128.15 feet to a point; 1 57. 33r 31' 05" 107.60 feet to a point; Thence along the remainder of Grant 3155.along The remainder of HOKUKANO TRACT for the following eleven(I 1)courses: 58. 45' 51' 10" 109.50 feet to a point; 59. 69' 38' 06" 4,095.00 feet to a point; 60. 77' 00' 00" 604.88 feet to a point; 61. 96' 00' 00" 331.36 feet to a point; 62. 79' 04' 20" 1,815.47 feet to a point; h i 63. 72' 23' 40" 773.53 feet to a point; Thence along a curve to the left having a radius of 1.400.00 feet.the chord azimuth and distance being: 64. 63' 42' 50" 422.59 feet to a point; 65. 55' 02' 00" 230.08 feet to a point; Thence along a curve to the right having a radius of I,500.00 feet,the chord azimuth and distance being: 5of7- 3 KONA SURVEYORS,INC. TMK:(3)8-1-02:03.TMK:(3) 7-9-01:01P.O.Rox 58 TMK:(3)8-1-01:02.06,07—TMK:(3)8-1-02:03 Kailua-Kona,Hawaii 96745-0058 JOB NO: 1670-99 6 Exhibit B4848-8228-0264.2 66.73° 56' 30" 972.16 feet to a point; 67. 92' 51' 00" 524.23 feet to a point; Thence along a curve to the left having a radius of 200.00 feet.the chord azimuth and distance being: 68. 51' 25' 30" 264.66 feet to a point; 69.10' 00' 00" 364.24 feet along the remainder of Grant 3155,along the remainder of HOKUKANO TRACT,along the remainder of TMK:(3)8-I-01:02,the remainder of L.C.Award 387 to a point; 70. 25' 00' 00" 1,384.28 feet along the remainder ofTMK(3)8-1-01:02,the remainder ofL.C.Award 387,along TMK:(3)8-1-01:07,the remainder of Grant 2004 to a point Thence along the remainder of TMK:(3)8-1-01:07, the remainder of Grant 2004 along a curve to the left having a radius of 600.00 feet,the chord azimuth and distance being: 71. 12' 30' 00" 259.73 feet to a point: 72. 00' 00' 00" 228.14 feet along TMK:(3)8-1-01:07,the remainder of Grant 2004,along TMK:(3)8-1-01:06,the remainder of Grant 1174 to a point; Thence along TMK:(3)8-1-01:06,the remainder of Grant 1174,along TMK:(3)8-1-01:03,the remainder of Grant 1862,along a curve to the right having a radius of 700.00 feet,the chord azimuth and distance being: 73. 35' 00' 00" 803.01 feet to a point; 74. 69' 21' 06" 621.54 feet along the remainder ofTMK::(3)8-1-01:03 the remainder ofGrant 1862,along the remainder of TMK:(3)8-1-02:40,the remainder of Grant 787 to a point: 6of7- i k, 5 KONA SURVEYORS,INC. TMK:(3)8-1-02:03,TMK:(3) 7-9-01:01 P.0.Box 58 TMK:(3)8-1-01:02,06,07—TMK:(3)8-1-02:03 Kaihaa-Kona,Hawaii 96745-0058 JOB NO: 1670-99 7 Exhibit B4848-8228-0264.2 ii 75. 24° 48' 00" 289.69 feet along the remainder of TMK:(3)8-1-02:40,the remainder of Grant 787 to a point: 76. 42' 18' 20" 131.02 feet along the remainder of TMK:(3)8-1-02:40.the remainder of Grant 787 to a point; 77. 77' 39' 29" 156.82 feet along Lot 2 to a point: 78. 80' 42' 30" 162.86 feet along Lot 2 to a point; 79. 78' 40' 12" 160.12 feet along Lot 2 to a point: 80. 94' 40' 52" 139.84 feet along Lot 2 to a point; 1 81. 95° 24' 50" 80720 feet along the remainder of TMK:(3)8-1-02:40,the remainder of Grant 787 to a point; 82- 82' 56' 00" 20.34 feet along the remainder ofTMK:(3)8-1-02:40.along the remainder ofGrant 787 to the point ofbeginning and containing an area of 37,094 acres. p‘- a 'Mc/4 KONA SURVEYORS,INC. LICENSED fid' I a PROFESSIONAL y 4 L C crte'SURANDVEYOR/ .7A No.4968 Donald C.McIntosh,L.P.L.S.#4968 14,4/f VSP Consultant-Planner,Developments Kailua-Kona,Hawaii February 19,2000 REVISED:March 6,2000 REVISED:May 6,2008 s s 7of7- t KONA SURVEYORS,INC. TMK:(3)8-1-02:03,TMK:(3) 7-9-01:01P.O.Box 58 TMK:(3)8-1-01:02,06,07—TMK:(3)8-1-02:03Kailua-Kona,Hawaii 96745-0058 JOB NO: 1670-99 8 Exhibit B4848-8228-0264.2 1 1 EXHIBIT C ROADWAY LOT A For Roadway Access and Utility Purposes EASEMENT SITUATED BETWEEN 2-1/4 AND 7 MILES EAST(MAUKA) OF KONAWAENA HIGH SCHOOL, ALSO 2-3/4 AND 7.5 MILES EAST OF HAWAII BELT ROAD AT HOKUKANO TRACT NORTH KONA, HAWAII, HAWAII BEING A PORTION OF GRANT 3155 TO HENRY N. GREENWELL Beginning at the Southwest corner of this Easement on the Easterly side of Easement 1-A and Lot 1, also being the Northwest corner of Lot 4, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" being 6,561.03 feet North 24,255.02 feet East and running by azimuths measured clockwise from True South: z 1.157° 31' 05" 107.60 feet along Lot 1 and the Easterly end of Easement 1-A to a point; Thence, along the remainder of Grant 3155 to Henry N. Greenwell and Hokukano Tract for ALL remaining courses: 2. 225° 51' 10" 265.43 feet along Lot 5 to a point; Thence, along a curve to the right having a radius of 1,000.00 feet,the chord azimuth and distance being; 3. 235° 39' 31" 340.62 feet along Lot 5 to a point; 4. 245° 27' 52" 674.88 feet along Lot 5 to a point; Thence along the curve to the right having a radius of 1,900.00 feet, the chord azimuth and distance being; 5. 240° 21' 29" 338.22 feet along Lot 5 to a point; 6. 235° 15' 06" 361.50 feet along Lot 5 to a point; Thence, along a curve to the right having a radius of 2,000.00 feet,the chord azimuth and distance being; 7. 242° 29' 18" 503.87 feet along Lot 5 to a point; 1 Exhibit C4848-8228-0264.2 SPP EXHIBIT B 8. 249° 43' 30" 369.58 feet along Lot 5 to a point; Thence, along a curve to the left having a radius of 899.88 feet, the chord azimuth and distance being; 9. 240° 26' 07.5" 290.52 feet along Lot 5 and Lot 7 to a point; 10. 231° 08' 45" 570.87 feet along Lot 7 to a point; Thence, along a curve to the right having a radius of 1,000.00 feet, the chord azimuth and distance being; 11. 243° 22' 52.5" 423.86 feet along Lot 7 to a point; 12. 255° 37' 00" 605.10 feet along Lot 7 to a point; Thence, along a curve to the Ieft having a radius of 900.00 feet,the chord azimuth and distance being; 13. 243° 41' 51" 371.76 feet along Lot 7 to a point; 14. 231° 46' 42" 224.02 feet along Lot 7 to a point; 3 Thence, along a curve to the right having a radius of 1,500.00 feet, the chord azimuth and distance being; 15. 246° 35' 13" 766.77 feet along Lot 7 to a point;ti 16. 261° 23' 44" 1,303.11 feet along Lot 7 to a point; Thence, along a curve to the right having a radius of 350.00 feet,the chord azimuth and distance being; 17. 283° 56' 57" 268.48 feet along Lot 7 to a point; 18. 306° 30' 10" 54.46 feet along Lot 7 to a point; Thence, along a curve to the left having a radius of 650.00 feet, the chord azimuth and distance being; 19. 292° 48' 24" 307.80 feet along Lot 7 to a point; 20. 279° 06' 38" 889.67 feet along Lot 7 to a point; Thence, along a curve to the right having a radius of 570.00 feet,the chord azimuth and distance being; 21. 295° 25' 19" 320.18 feet along Lot 9 to a point; 2 Exhibit C 4848-8228-0264.2 SPP EXHIBIT B 22. 311° 44' 00" 173.50 feet along Lot 9 to a point; Thence, along a curve to the left having a radius of 400.00 feet, the chord azimuth and distance being; 23. 281° 54' 05" 397.97 feet along Lot 9 to a point; 24. 252° 04' 10" 191.00 feet along Lot 9 to a point; Thence, along a curve to the left having a radius of 1,400.00 feet, the chord azimuth and distance being; 25. 238° 55' 55" 636.41 feet along Lot 9 to a point; 26. 225° 47' 40" 497.18 feet along Lot 9 to a point; 27. 267° 40' 00" 1,864.64 feet along Lot 10 to a point; 28. 275° 18' 35" 557.78 feet along Lot 10 to a point; Thence, along a curve to the left having a radius of 1,500.00 feet,the chord azimuth and distance being; 29. 267° 26' 47.5" 410.43 feet along Lot 10 and Lot 12 to a point; t 30. 259° 35' 00" 983.53 feet along Lot 12 to a point; 31. 253° 10' 45" 700.25 feet along Lot 12 to a point; 32. 268° 28' 00" 38.21 feet along Lot 12 to a point; 33. 268° 28' 00" 492.23 feet along Lot 13 to a point; 34. 280° 42' 35" 536.91 feet along Lot 13 to a point; ry 35. 275° 37' 35" 620.33 feet along Lot 13 to a point; 36. 283° 47' 08" 595.41 feet along Lot 13 to a point; 37. 275° 44' 48" 859.88 feet along Lot 13 to a point; 38. 276° 38' 38" 687.66 feet along Lot 13 to a point; 39. 269° 53' 00" 535.24 feet along Lot 13 to a point; f 3 40. 283° 34' 00" 336.45 feet along Lot 13 to a point; 41. 294° 47' 45" 287.63 feet along Lot 13 to a point; 3 Exhibit C4848-8228-0264.2 SPP EXHIBIT B 42. 281' 38' 17" 808.88 feet along_ Lot 13 to a point; 43. 281° 38' 17" 1.166.43 feet along Lot 15 to a point; 44. 263° 48' 47" 584.47 feet along Lot 15 to a point; 45. 254° 02' 45" 542.89 feet along Lot 15 to a point; 46. 259° 13' 49" 774.93 feet along Lot 15 to a point; 47. 251° 52' 45" 751.50 feet along Lot 15 to a point; 48. 247° 19' 45" 498.51 feet along Lot 15 to a point; 49. 256° 13' 45" 607.65 feet along Lot 15 to a point; 50. 263° 49' 48" 635.92 feet along Lot 15 to a point; Thence, along a curve to the left having a radius of 50.00 feet, the chord azimuth and distance being; 51. 232° 21' 45" 52.18 feet along Lot 15 to a point; 52. 200° 54' 42" 425.61 feet along Lot 15 to a point; Thence, along a curve to the left having a radius of 400.00 feet, the chord azimuth and distance being; 53. 183° 26' 05.5" 240.26 feet along Lot 15 to a point; 54. 165° 57' 29" 558.20 feet along Lot 15 to a point; 55. 268° 20' 00" 61.43 feet along Lot 16 to a point; 56. 345° 57' 29" 545.03 feet along Lot 17 to a point; Thence, along a curve to the right having a radius of 460.00 feet, the chord azimuth and distance being; 57. 03° 26' 05.5" 276.29 feet along Lot 17 to a point; 58. 20° 54' 42" 2,189.34 feet along Lot 17 to a point; Thence, along a curve to the left having a radius of 1,500.00 feet, the chord azimuth and distance being; 59. 10° 41' 41" 532.13 feet along Lot 17 to a point; 60. 00° 28' 40" 484.85 feet along Lot 17 to a point; 4 Exhibit C4848-8228-0264.2 SPP EXHIBIT B 61. 359° 52' 48" 100.57 feet along Lot 18 to a point; 62. 95° 57' 00" 61.33 feet along Lot 14 to a point; 63. 180° 28' 40" 579.57 feet along Lot 14 to a point; Thence, along a curve to the right having a radius of 1,560.00 feet, the chord azimuth and distance being: 64. 190° 41' 41" 553.41 feet along Lot 14 to a point; 65. 200° 54' 42" 1,539.12 feet along Lot 14 to a point; rt Thence, along a curve to the left having a radius of 50.00 feet, the chord azimuth and distance being: 66. 142° 22' 15" 85.30 feet along Lot 14 to a point; 67. 83° 49' 48" 526.86 feet along Lot 14 to a point; 68. 76° 13' 45" 593.37 feet along Lot 14 to a point; 69. 67° 19' 45" 494.70 feet along Lot 14 to a point; 70. 71° 52' 45" 761.90 feet along Lot 14 to a point; 71. 79° 13' 49" 776.83 feet along Lot 14 to a point; 72. 74° 02' 45" 546.91 feet along Lot 14 to a point; 73. 83° 48' 47" 608.70 feet along Lot 14 to a point; 74. 101° 38' 17" 2,002.53 feet along Lot 14 to a point; 75. 114° 47' 45" 289.33 feet along Lot 14 to a point; 76. 103° 34' 00" 314.62 feet along Lot 14 to a point; 77. 89° 53' 00" 529.15 feet along Lot 14 to a point; 78. 96° 38' 38" 692.78 feet along Lot 14 to a point; 79. 95° 44' 48" 1,129.44 feet along Lot 14 to a point; 80. 100° 42' 35" 1,477.94 feet along Lot 14 to a point; 81. 88° 28' 00" 506.30 feet along Lot 11 to a point; 82. 73° 10' 45" 692.43 feet along Lot 11 to a point; 4848-8228-0264.2 5 Exhibit C SPP EXHIBIT B i 83. 79° 35' 00" 989.13 feet along Lot 11 to a point; Thence, along a curve to the right having a radius of 1,600.00 feet, the chord azimuth and distance being; 84. 87° 26' 47.5" 437.79 feet along Lot 11 and Lot 8 to a point; k 85. 95° 18' 35" 551.10 feet along Lot 8 to a point; 3i 86. 87° 40' 00" 1,360.70 feet along Lot 8 to a point; Thence, along a curve to the left having a radius of 1,199.52 feet, the chord azimuth and distance being;t 87. 66° 43' 50" 857.24 feet along Lot 8 to a point; Thence, along a curve to the right having a radius of1 1,500.00 feet, the chord azimuth and distance being; 88. 58° 55' 55" 681.87 feet along Lot 8 to a point;1 89. 72° 04' 10" 191.00 feet along Lot 8 to a point; 5 Thence, along a curve to the right having a radius of 500.00 feet,the chord azimuth and distance being; 1s 90. 101° 54' 05" 497.46 feet along Lot 8 to a point; 91. 131° 44' 00" 173.50 feet along Lot 8 to a point;i i Thence, along a curve to the left having a radius of 1 470.00 feet,the chord azimuth and distance being; 92. 115° 25' 19" 264.01 feet along Lot 8 to a point; t 93. 99° 06' 38" 889.67 feet along Lot 6 to a point;1t Thence, along a curve to the right having a radius of 1 750.00 feet, the chord azimuth and distance being; i 94. 112° 48' 24" 355.16 feet along Lot 6 to a point; 95. 126° 30' 10" 54.46 feet along Lot 6 to a point;1 Thence, along a curve to the right having a radius of l 250.00 feet, the chord azimuth and distance being; 96. 103° 56' 57" 191.77 feet along Lot 6 to a point; A 1 r 6 t 4848-8228-0264.2 Exhibit C 1. SPP EXHIBIT B 1 I 1 i 1 i 97. 81° 23' 44" 1,303.11 feet along Lot 6 to a point; 1 IThence, along a curve to the right having a radius of 1,400.00 feet, the chord azimuth and distance being;1 1 98. 66° 35' 13" 715.66 feet along Lot 6 to a point; 99. 51° 46' 42" 224.02 feet along Lot 6 to a point; i Thence, along a curve to the right having a radius of 1,000.00 feet, the chord azimuth and distance being; 100. 63° 41' 51" 413.06 feet along Lot 6 to a point;l I 101. 75° 37' 00" 605.10 feet along Lot 6 to a point; 1 Thence, along a curve to the right having a radius of 900.00 feet, the chord azimuth and distance being;i 1 102. 63° 22' 52.5" 381.47 feet along Lot 6 to a point; 103. 51° 08' 45" 570.87 feet along Lot 6 to a point; I. Thence, along a curve to the right having a radius of1999.88 feet,the chord azimuth and distance being; l' 104. 60° 26' 07.5" 322.81 feet along Lot 6 and Lot 4 to a point; 1 105. 69° 43' 30" 369.58 feet along Lot 4 to a point; 1 I Thence, along a curve to the right having a radius of 1 1900.00 feet, the chord azimuth and distance being; x 106. 62° 29' 18" 478.68 feet along Lot 4 to a point;i i 107. 55° 15' 06" 361.50 feet along Lot 4 to a point; Thence, along a curve to the right having a radius of12000.00 feet, the chord azimuth and distance being;i 1 108. 60° 21' 29" 356.02 feet along Lot 4 to a point; 109. 65° 27' 52" 674.88 feet along Lot 4 to a point;1i i Thence, along a curve to the right having a radius of 1 900.00 feet, the chord azimuth and distance being;r p 1 I i7 Exhibit C4848-8228-0264.2 SPP EXHIBIT B i 1 i 110. 55° 39' 31" 306.56 feet along Lot 4 to a point; 111. 45° 51' 10" 305.15 feet along Lot 4 to the point of beginning and containing an area of 69.298 acres. i I j 1 1 i 1. i 4 1 Ii 4 5 1 3 i i L 3 e i i qti I q 5 i E 1 i i Zt 4 3 s t t yS 1 t t i a 1 8 Exhibit C4848-8228-0264.2 SPP EXHIBIT B i fi EXHIBIT D ROADWAY LOT B BEING A PORTION OF "THE HIGHLANDS MAKAI" SUBDIVISION NO. SUB-11-001067 BUREAU OF CONVEYANCES, COUNTY OF HAWAII AND STATE OF HAWAII BEING A PORTION OF GRANT 3155 TO HENRY N. GREENWELL AND LAND4 S COMMISSION AWARD 8452, APANA 11 TO KEOHOKALOLE, AT HOKUKANO TRACT, NORTH KONA, ISLAND OF HAWAII, COUNTY OF HAWAII, STATE OF HAWAII LAND SITUATED ABOUT 4.75 MILES EASTERLY(MAUKA) OF THE HAWAII BELT ROAD AND KONAWAENA SCHOOL SITE Beginning at the Northwest corner ofthis parcel of land, being also a Northeast corner of Lot 8- C of this subdivision at the South line of Lot A (Roadway Lot),the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU OHAU" being 9,657.91 feet North and 36,842.09 feet East and thence running by azimuths measured clockwise from true South: Thence along a curve to the left with a radius of 1600.00 feet, the chord azimuth and distance being: 4 a 1. 265° 23' 16" 99.08 feet along Lot A(Roadway Lot)to a set 1/2"rebar with a red plastic cap No. 10743; Thence along a curve to the left with a radius of 20.00 feet,the chord azimuth and distance being: 2. 41° 47' 59" 26.67 feet along Lot 11-A to a set 1/2" rebar with a red plastic cap No. 10743; 3.359° 59' 10" 2,485.31 feet along Lot 11-A, 11-C and Lot 11-D to a set 1/2" rebar with a red plastic cap No. 10743; Thence along a curve to the left with a radius of 40.00 feet,the chord azimuth and distance being: 4.342° 42' 21" 23.76 feetalong Lot 11-D to a set 1/2" rebar with a red plastic cap No. 10743; f i Thence along a curve to the right with a radius of 45.00 feet,the chord azimuth and distance being: 5.89° 59' 10" 74.12 feet along Lot 11-D and Lot 8-E, Lot 8-D and Lot 8-C to a set 1/2"rebar with a red plastic cap No- 10743; E 1 1 Exhibit D4848-8228-0264.2 SPP EXHIBIT B Thence along a curve to the left with a radius of 40.00 feet, the chord azimuth and distance being:y 6.197° 15' 59" 23.76 feetalong Lot 8-C to a set 1/2" rebar with a red plastic cap No. 10743; 7.179° 59' 10" 2,477.27 feet along Lot 8-C to a set 1/2" rebar with a red plastic cap No. 10743; Thence along a curve to the left with a radius of 20.00 feet,the chord azimuth and distance being: 8.133° 34' 27" 28.97 feet along Lot 8-C to a point of beginning and containing an area of 3.605 acres, more or less. t a 1 t f 1 L k 9 2 Exhibit D4848-8228-0264.2 SPP EXHIBIT B s I 1 April 13, 2020 1 1 t t 46 I Island Engineering, LLC 1CountyofHawai'i I Planning Department Aupuni Center 101 Pauahi Street t Hilo,HI 96720 1 Attention: Planning Director Subject: Hokukano Ranch—Estimated Water Usage Calculations(Domestic and Fire) PROJECT SUMMARY The proposed project is located on Pu'u Lehua Drive, Captain Cook; TMK (3) 7-9-001: 002. The development consists of(40) 1-bedroom structures and a lodge center. The 1-bedroom "dome" or "cocoon" structures are 1 intended for short-term rental use. The Lodge Center will have a commercial kitchen and dining area. Currently, I the site is not served by County water. It is proposed to have water tanks on-site that would be filled by water I trucks.Domestic potable water and fire suppression water shall not be stored in the same tank(s). i ESTIMATED WATER(DOMESTIC)USAGE CALCULATIONS I The estimated gallons per day water usage is based on the State of Hawai'i Department of Health (DOH) Chapter 11-62,Appendix D, Table 1. S t 1-Bedroom Structures: i 1 Total water usage=40 bedrooms x 200 gallons per day(gpd)per bedroom= 8,000 GPD I i There will be four`clusters'of 10 units: 10 units/cluster x 200 gpd/unit=2,000 gpd 10,000 gallon tank per cluster,requiring filling every five days. 1 Lodge Center: Based on information provided by the owner,the lodge center will have(5)five employees and t 70)seventy seats. t I I 5 employees x 20 gpd per employee = 100 gpd i 70 seats x 50 gpd per seat 3,500 gpd TOTAL: 3,600 GPD t 18,000 gallon tank,requiring filling every five days. i FIRE WATER REQUIREMENTS I i Fire water requirements are based on County of Hawai'i Amendments to the Hawai'i State Fire Code, Chapter 18.3.8, Minimum Water Supply for buildings that do not meet the minimum County water standards. I i I t Island Engineering, LLC I PO Box 283, Pahoa HI 96778 I jross@islandengineeringllc.com EXHIBIT C 0 April 13, 2020 I-Bedroom Structures: The domes and cocoons are 300 sq. ft. and 450 sq. ft., respectively. Buildings up to 2,000 square feet(sq. ft.)shall have a minimum of 3,000 gallons of water available for firefighting. It is proposed to have 20 of each structure,therefore: 20 domes+ 20 cocoons)x 3,000 gallons= 120,000 gallons of water required for firefighting. Lodge Center: The Lodge Center is 4,000 sq. ft. (two stories @ 2,000 sq.ft. each). Buildings, 3001 —6,000 sq. ft., shall have a minimum of 12,000 gallons of water available for firefighting.Additionally, commercial buildings requiring a minimum fire flow of 2,000 gallons per minute per Department of Water Supply standards,shall double the minimum water supply reserved for firefighting;therefore, a minimum of 24,000 gallons shall be available for firefighting. The total amount required for firefighting is 144,000 gallons. It is proposed to install a fire water reservoir connected to Fire Department Connections at each cluster site and Lodge Center. Island Engineering, LLC Jeff Ross, PE Project Engineer G s Island Engineering, LLC I PO Box 283, Pahoa HI 96778 I jross@islandengineeringllc.com April 16, 2020 t i y lsIanci Engineering, LLC ICountyofHawai'i I Planning Department 1 Aupuni Center 101 Pauahi Street Hilo,HI 96720 i Attention: Planning Director 1 Subject: Hokukano Ranch—Estimated Wastewater Calculations PROJECT SUMMARY i The proposed project is located on Pu'u Lehua Drive, Captain Cook; TMK (3) 7-9-001: 002. The development 1 consists of(40) 1-bedroom structures and a Lodge Center. The 1-bedroom "dome" or "cocoon" structures are intended for short-term rental use. The Lodge Center will have a commercial kitchen and dining area. Currently, the site is not served by County sewer. The proposed development will be served by Individual Wastewater Systems (IWS) meeting the requirements of the State of Hawai'i Department of Health (DOH) Chapter 11-62. The wastewater disposal method will be septic tank and absorption beds. ESTIMATED WASTEWATER CALCULATIONS i 1-Bedroom Structures The 1-bedroom structures will be clustered into groups of five. Each cluster will connect to a single IWS having the capacity of five bedrooms with a 1,250 gallon septic tank. The wastewater generation per cluster is as follows: 1 5 bedrooms x 200 gallons per day(gpd)per bedroom = 1,000 gpd. Lodge Center f i Based on information provided by the owner, the Lodge Center will have five employees and seventy seats.The wastewater generation is as follows: r 5 employees x 20 gpd per employee = 100 gpd 70 seats x 50 gpd per seat 3,500 gpd 1 The Lodge Center will generate a total of 3,600 gpd. The wastewater will connect to either one large system or a series of smaller systems. I Islan. Engineering,LLC t..,- J Ross, PE Project Engineer I Island Engineering, LLC PO Box 283, Pahoa HI 96778 jross@islandengineeringllc.com 1EXHIBITD i 1 3f'I :TT'1'II IC' C{}i4St 1:IAN•T SI:12V'IC'I.S Inc Hawaii Island Office: PO Box 155 Kea'au. HI 96749 Zando Kern 4/8/2020 194 Wiwoole St. Hilo, HI 96720 808-333-3393 zendo@zendokem.com R I Re: Archaeological Reconnaissance Survey Letter Report for a 15.0-Acre Portion of a 294.462-Acre Parcel Located Above Kealakekua Town in the Hokiakano Mauka Tract, Hokukano 1st and 2"d Ahupua`a, North Kona District, Island of Hawaii TMK: (3) 7-9-001:002 (por.)]. Aloha e Zendo: Scientific Consultant Services, Inc. (SCS) conducted an archaeological reconnaissance survey(ARS) of the above referenced 15.0 acres to identify archaeological sites and/or historic properties within the survey area (Enclosures 1 through 4). The ARS was conducted under contract to property owner Fairview Avenue Hawai`i, LLC. Their contact person for the project is Mr. Zendo Kern. Mr. Kern can be contacted at zendo@zendokern.corn, at 808-333-3393, or by mail at 194 Wiwoole St. Hilo, HI 96720. Parcel 002 is a 294.462 acre parcel used to pasture cattle and has a single family dwelling on it. The 15.0-acre project area is located between 3,160 feet and 3,250 feet(963-990 meters) above mean sea level (amsl) in the southeast quadrant of Parcel 002. The project area is land used as cattle pasture. The ground surface substrate is a Mauna Loa lava flow dated between 1,500 and 3,000 years before present (ybp). Flora on the project area consists primarily of guava(Psidium sp.), Mysore raspberry Rubus niveus) and thimbleberry(Rubus rosifolius) with scattered 'ohia lehua Metrosideros polymorpha) (Starr Environmental 2020). i There is a dirt ranch road through the center line of the project area. The 7.5-Series USGS Kealakekua Quadrangle map labels the ranch road as a wall (see Enclosure 3). There is no rock wall within the project area. It is likely that the road was mistaken for a P rock wall when the USGS map was drawn from an aerial photograph. EXHIBIT E 4" x 1 I 1t The project area is a small portion of the 8,027-acre Land Grant (LG) 3155 sold to Henry N. Greenwell for 84,00.00 in 1876 (Waihona 2020) (Enclosure 5). The property, known 1 as Hokukano Ranch, was used to raise cattle for dairy, tallow and hides. 1 In 1986 Watanabe(1986) conducted a helicopter and limited pedestrian survey of portions of the Hokukano Ranch including the current 15.0-acre project area. Watanabe 1986:5.2)noted that"Hokukano Mauka displays a landscape which reflects a long t period of cattle-raising." In Watanabe's report, a 1875 map of Hokukano Mauka shows the entire parcel bounded by a stone wall and covered with koa forest (ibid.:4.16). Watanabe, searching for evidence of the Kona Field System, examined the area from Konawaena School to Pu`u Lehua during a helicopter survey(including the western portions of Hokukano Mauka, Kaawaloa Mauka, Onouli 1-2) (ibid.:5.2). No remnants of the system were seen from the air. r On March 31, 2020, SCS Senior archaeologists Glenn Escott, M.A. and Suzan Escott, B.A. surveyed the entire project area (16 person-hours total). The pedestrian survey 4 covered 100%of the project area. Survey transects were spaced between two and three meters (6.5 to 10.0 feet) apart, so that both surveyors could see thepy ground surface between them. Ground surface visibility was good. Transects were walked in a north/south direction. A Garmin GPSMAP64 and OnX were used throughout the survey to determine the exact location of surveyors, transects and property boundaries. t i The dirt road through the center of the project area was easily identifiable. There was no I f rock wall or remains of a rock wall along the road. There were no archaeological features identified on the project area. The project area is dotted with low raspberry bushes and low guava bushes. Numerous cattle paths, the low bushes and absence of t larger trees suggest that the project area has been used as cattle pasture for a very long period of time. t The result of the archaeological reconnaissance survey is that there were no archaeological sites and no historic properties identified on Parcel 002. The results accord with ethnographic and early historical accounts of upland use in North and South Kona. Parcel 002 is located at the top range of the 'ama'u zone (2,000-3,000 ft amsl) of 1 the Kona Field System (KFS). The 'ama'u zone was an area where bananas and plantains were grown, timber was cut, and birds were hunted for food and feathers. While occasionally garden walls and I temporary habitation features are recorded in the 'ama`u zone, they are far fewer in number than those identified in the lower zones of the KFS. 1 I t' 1 i i I i e r k 1 1 Other than the single large LG 3155 to Henry Greenwell, there are no Land Commission awards I in the uplands where Parcel 002 is located. LCAs in the region are at lower elevations, suggesting that lands of the Parcel 002 area were not used for upland gardens or habitation. Sincerely, f Glenn G. Escott, MA Hawai`i Island Operations Manager Scientific Consultant Services, Inc. ggescott@yahoo.com 808-938-0968 t REFERENCES CITED Emerson, J.S. 1891 Map of Kona, Kealakekua Section. Hawaii Territory Survey Registered Map 4 Number 1281. Honolulu, HI. i Starr Environmental 2016 Botanical and Faunal Surveys in the State of Hawai`i. Makawao.1 www.starrenvironmental.com. t i Waihona `Aina Corporation i 2020 The Mahele Database. URL: http://www.waihona.com. 1 Watanabe, F.K. 1986 Final Report for Archaeological Aerial and Limited Ground Reconnaissance of Various Parcels Situated at Hawaii Island Selected as Potential Military Training Areas. Report prepared for Headquarters, U.S. Army Support Command Hawaii U.S. Army Engineer District, Honolulu). t i Enclosures 1 Enclosure 1: Hawaii Island Project Area Map Enclosure 2: USGS TMK Project Area Map Enclosure 3: USGS TMK Project Area Map Close Up Enclosure 4: Google Aerial Image of Project Area Enclosure 5: Kona Titles Map Enclosure 6-8: Photographs of Project Area Vegetation s t 1 1 1 1 1 1 i 13000R'E. '94000'0E. 2060000'E. 218000m E. 23000ornE 242000' '54°°° E. 266000'^E. 2780.0TE. 290000i^E. WG584 Zone SQ 221 :--[. a HAWAII Z HAWAII CO, i M T a F.; t k: 7 r" I} k 511. n....r CC/` fj s,\ , hrh i6'1. %,...\,- 2i0.* 1•, f J ? 4 /,,,.... R. A 0 0 - JI A.----,17:,h, v. , ..0 J!!! 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HI 96740 Hilo Office(808)961-8331 * Fax(808)961-8410 Kona Office(808)323-4720 * Fax(808)327-3509 1 tYPPT Date of Notice: May 4, 2020 Owner: Fairview Avenue Hawaii LLC RECO HAND DELIVERED Mailing address:26921 Fairview Ave., Hayward, CA 94542 Address location of property: SUBJECT: Special Permit Application (SPP 20-000216) T.M.K.: 7-9-001: 002 This is to inform you that our records on file,relative to the status of the subject, discloses that: 3 Z No Building permit was issued for work done on the premise. fl No building permit was issued for the change of occupancy. n At the time of completion, the subject complied with all building regulations that were in effect. 3 Z Variance from any building regulation(Building, Electrical, Plumbing, or Sign) was/was not granted. E The following violation(s) still outstanding: Building ri Electrical Z Plumbing Z Sign E Others: (See Below) 3 E. No Objections 4 The Demonstration models are in violation of the Hawaii County Code Chapter 5 New transient accommodations will required automatic fire sprinklers throughout, including the common areas(lodge,restrooms, etc.). Compliance with the Hawaii County Energy Code will be required. Structural engineered calculations will be required for each structure, or type, based on the high wind zones and exposure. Accessibility will be required per the American with Disability Act. Restroom and shower numbers and locations on the property are based on Chapter 28 of the 1 International Building Code as adopted by the County of Hawaii. Planning Dept. Exhibit 1 1 3 2 8 3 2 Room area and height are unclear in the drawings and would need to comply with the Hawaii County Code. Construction type, number of occupants, fire alarms, exiting, and distance to exits are not identified. Provide complete code summary and alalysis for review. Don't hesitate to contact me with further questions once the SPP is approved and construction documents are beyond Design Development. r Neil Erickson, Plans Examining Manager County of Hawaii Department of Public Works :uilding Division BD-10 s` f 3 4 3 3 1 Harry Kim i,Nk.,,,-I, 7.: David Yamamoto,P.E. i Mayor e'R`_ Director• 44°F M' Allan G.Simeon, P.E.Roy Takemoto Managing Director Deputy Director Itg0,:illnag of'T n nn DEPARTMENT OF PUBLIC WORKS Aupuni Center 101 Pauahi Street,Suite 7• Hilo,Hawai`i 96720-4224 CO 'I!INNING 808)9614321 Fax(808)9614630 MAY 1.1 2020,-,H o=9!a2 public_works@hawaiicounty.gov MEMORANDUM 5 Date: May 11, 2020 i To:Michael Yee, Planning Director t. From: Department of Public Works, Engineering Division P Subject:Special Permit Application (SPP 20-000216) Applicant: Fairview Avenue Hawaii LLCF. Request:To Allow the Establishment of a 40-Unit Lodge with Associated Improvements Tax Map Key: 7-9-001: portion of 002 t. i We have reviewed the subject application and our comments are as follows: i 1. The application states that "[f]rom the highway to the subject property, Pu'u Lehua Drive is completely paved", but it is unclear if it is paved to the proposed project access location. Pu'u Lehua Drive shall be paved to the proposed project access. j z j 2. All development generated runoff shall be disposed of on site and shall not be directed toward Pu'u Lehua Drive or adjacent properties. A drainage study shall be submitted to t DPW for review and approval prior to construction. The drainage study shall account for all development on the property, including, but not limited to, the proposed access, buildings, parking areas, etc. Adequate drainage structures shall be provided to ensure the increase in impervious surfaces do not increase runoff or create damage downslope. The proposed development shall not alter drainage patterns upstream or downstream of f the development, including but not limited to discharge, velocity, and stormwater quality and shall be discussed in the drainage report. I. r, 3. Mamalahoa Highway, where Pu'u Lehua Drive intersects, is a County owned and k maintained highway. Pu'u Lehua Drive at the intersection of Mamalahoa Highway shall 1.be improved to accommodate two-lanes of traffic for safe ingress and egress from the highway. Pu'u Lehua Drive shall be improved as follows: Pu'u Lehua Drive shall be twenty feet wide for a distance of 50 feet from the edge of pavement on Mamalahoa Highway and have a minimum of four foot aprons at the connection with Mamalahoa Highway(minimum 28-feet width at the connection with Mamalahoa Highway). All improvements within the County Right-of-Way, including the improved intersection, shall conform to Chapter 22—County Streets —of the Hawaii County Code. Planning Dept. x Exhibit 3 1329CountyofHawai`i is an Equal Opportunity Provider and Employer 9 5 r r I 4. Applicant to verify sight distance at the intersection of Pu'u Lehua Drive and Mamalahoa Highway and shall trim any vegetation as necessary to obtain minimum sight distance per AASTO Standards. 5. Although the subject parcel is located within Flood Zone X as designated by the Flood Insurance Rate Map (FIRM), Special Flood Hazard Areas AE and AEF affect portions of Pu'u Lehua Drive. Improvements in a floodplain will be subject to the requirements of Chapter 27— Floodplain Management—of the Hawaii County Code, if applicable. 6. All earthwork and grading shall conform to Chapter 10— Erosion and Sedimentation Control —of the Hawaii County Code. Should there be any questions concerning this matter, please feel free to contact Natalie Whitworth of our Kona Engineering Division office at 323-4853. NW Copy: ENG-HILO/KONA 1- County of Hawaii is an Equal Opportunity Provider and Employer. 1. i i t HarryKim Mq ,,zi.-----,,,e1.7,?.! .!9. Darren J. Rosario s a/uenr 4• t, Fire Chief Lance S. Uchida t, • „ Deputy Fire ChiefOtt, qui';'MTS = 4 County of 9aituai`i HAWAII FIRE DEPARTMENT 4 25 Aupuni Street•Suite 2501 •Hilo,Hawaii 96720 808)932-2900•Fax(808)932-2928 May 14, 2020 w" i TO: MICHAEL YEE, PLANNING DIRECTOR i FROM: DARREN J. ROSARIO, FIRE CHIEF 1 SUBJECT: Special Permit Application(SPP 20-000216) 1 Applicant: Fairview Avenue Hawai`i LLC I Request:To Allow the Establishment of a 40-Unit Lodge with Associated Improvements Tax Map Key: 7-9-001:portion of 002 4 1 In regards to the above-mentioned Special Permit Application,the following shall be in accordance: 4 44 NFPA 1, UNIFORM FIRE CODE, 2006 EDITION A Note: Hawai`i State Fire Code, National Fire Protection Association 2006 version, with County of Hawaii amendments. County amendments are identified with a preceding "C—" oftheI reference code. 1 Chapter 18 Fire Department Access and Water Supply 18.1 General. Fire department access and water supplies shall comply with this chapter. For occupancies of an especially hazardous nature, or where special hazards exist in addition to the normal hazard of the occupancy, or where access for fire apparatus is unduly difficult, or areas where there is an inadequate fire flow, or inadequate fire hydrant spacing, and the AHJ may require additional safeguards including, but not limited to, additional fire appliance units, more than one type of appliance, or special systems suitable for the protection of the hazard involved. 18.1.1 Plans. g 18.1.1.1 Fire Apparatus Access. Plans for fire apparatus access roads shall be submitted to the fire department for review and approval prior to construction. 1 Planning Dept. .,' '1,,,Awq,,E' t Exhibit 4 a_- 1_i'. Hataai'i County is an Equal Opportunity Provider and Entpluyer.13299 Michael Yee May 14, 2020 Page 2 18.1.1.2 Fire Hydrant Systems. Plans and specifications for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. C— 18.1.1.2.1 Fire Hydrant use and Restrictions. No unauthorized person shall use or operate any Fire hydrant unless such person first secures permission or a permit from the owner or representative of the department,or company that owns or governs that water supply or system.4 Exception: Fire Department personnel conducting firefighting operations, hydrant testing, and/or maintenance, and the flushing and acceptance of hydrants witnessed by Fire Prevention Bureau personnel. 18.2 Fire Department Access. 18.2.1 Fire department access and fire department access roads shall be provided and maintained in accordance with Section 18.2. 18.2.2* Access to Structures or Areas. 18.2.2.1 Access Box(es). The AHJ shall have the authority to require an access box(es) to be3 installed in an accessible location where access to or within a structure or area is difficult because of security. I 18.2.2.2 Access to Gated Subdivisions or Developments. The AHJ shall have the authority to require fire department access be provided to gated subdivisions or developments through the use of an approved device or system. 18.2.2.3 Access Maintenance. The owner or occupant of a structure or area, with required fire department access as specified in 18.2.2.1 or 18.2.2.2, shall notify the AHJ when the access is modified in a manner that could prevent fire department access. 18.2.3 Fire Department Access Roads. (*may be referred as FDAR) 18.2.3.1 Required Access. 18.2.3.1.1 Approved fire department access roads shall be provided for every facility, building, or portion of a building hereafter constructed or relocated. 18.2.3.1.2 Fire Department access roads shall consist ofroadways, fire lanes, parking lots lanes, or a combination thereof. Michael Yee May 14, 2020 Page 3 18.2.3.1.3* When not more than two one- and two-family dwellings or private garages, carports, sheds, agricultural buildings, and detached buildings or structures 400ft2 (37 m2) or less are present, the requirements of 18.2.3.1 through 18.2.3.2.1 shall be permitted to be modified by the AHJ. 18.2.3.1.4 When fire department access roads cannot be installed due to location on property, topography, waterways, nonnegotiable grades, or other similar conditions, the AHJ shall be authorized to require additional fire protection features. 18.2.3.2 Access to Building. 18.2.3.2.1 A fire department access road shall extend to within in 50 ft (15 m) of at least one exterior door that can be opened from the outside that provides access to the interior of the building. Exception: 1 and 2 single-family dwellings. 18.2.3.2.1.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13, NFPA 13D, or NFPA 13R, the distance in 18.2.3.2.1 shall be permitted to be increased to 300 feet. 18.2.3.2.2 Fire department access roads shall be provided such that any portion of the facility or any portion of an exterior wall of the first story of the building is located not more than 150 ft 46 m) from fire department access roads as measured by an approved route around the exterior of the building or facility. 18.2.3.2.2.1 When buildings are protected throughout with an approved automatic sprinkler system that is installed in accordance with NFPA 13, NFPA 13D, or NFPA 13R, the distance in 18.2.3.2.2 shall be permitted to be increased to 450 ft (137 m). 18.2.3.3 Multiple Access Roads. More than one fire department access road shall be provided when it is determined by the AHJ that access by a single road could be impaired by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access. 18.2.3.4 Specifications. 18.2.3.4.1 Dimensions. C— 18.2.3.4.1.1 FDAR shall have an unobstructed width of not less than 20ft with an approved turn around area if the FDAR exceeds 150 feet. Exception: FDAR for one and two family dwellings shall have an unobstructed width of not less than 15 feet, with an area of not less than 20 feet wide within 150 feet ofthe structure being protected. An approved turn around area shall be provided if the FDAR exceeds 250 feet. 9 Michael Yee May 14, 2020 Page 5 18.2.3.4.6.2* The angle of approach and departure for any means of fire department access road shall not exceed 1 ft drop in 20 ft (0.3 m drop in 6 m) or the design limitations of the fire apparatus of the fire department, and shall be subject to approval by the AHJ. 18.2.3.4.6.3 Fire department access roads connecting to roadways shall be provided with curb cuts extending at least 2 ft (0.61 m) beyond each edge of the fire lane. 18.2.3.4.7 Traffic Calming Devices. The design and use of traffic calming devices shall be1 z approved the AHJ. 18.2.3.5 Marking of Fire Apparatus Access Road. 18.2.3.5.1 Where required by the AHJ, approved signs or other approved notices shall be provided and maintained to identify fire department access roads or to prohibit the obstruction thereof of both. 18.2.3.5.2 A marked fire apparatus access road shall also be known as a fire lane. 18.2.4* Obstruction and Control of Fire Department Access Road. 18.2.4.1 General. 18.2.4.1.1 The required width of a fire department access road shall not be obstructed in any manner, including by the parking of vehicles. 18.2.4.1.2 Minimum required widths and clearances established under 18.2.3.4 shall be maintained at all times. 18.2.4.1.3* Facilities and structures shall be maintained in a manner that does not impair or impede accessibility for fire department operations. 18.2.4.1.4 Entrances to fire departments access roads that have been closed with gates and barriers in accordance with 18.2.4.2.1 shall not be obstructed by parked vehicles. 18.2.4.2 Closure of Accessways. 18.2.4.2.1 The AHJ shall be authorized to require the installation and maintenance of gates or other approved barricades across roads, trails, or other accessways not including public streets, alleys, or highways. 18.2.4.2.2 Where required, gates and barricades shall be secured in an approved manner. F f J 3 Michael Yee May 14, 2020 Page 6 18.2.4.2.3 Roads, trails, and other access ways that have been closed and obstructed in the manner prescribed by 18.2.4.2.1 shall not be trespassed upon or used unless authorized by the owner and the AHJ. a I 18.2.4.2.4 Public officers acting within their scope of duty shall be permitted to access restricted property identified in 18.2.4.2.1. 18.2.4.2.5 Locks, gates, doors, barricades, chains, enclosures, signs, tags, or seals that have been installed by the fire department or by its order or under its control shall not be removed, unlocked, destroyed, tampered with, or otherwise vandalized in any manner. 18.3 Water Supplies and Fire Hydrants 18.3.1* A water supply approved by the county, capable of supplying the required fire flow for fire protection shall be provided to all premises upon which facilities or buildings, or portions thereof, are hereafter constructed, or moved into or within the county. When any portion of the facility or building is in excess of 150 feet (45 720 mm) from a water supply on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on- site fire hydrants and mains capable ofsupplying the required fire flow shall be provided when required by the AHJ. For on-site fire hydrant requirements see section 18.3.3. EXCEPTIONS: 1. When facilities or buildings, or portions thereof; are completely protected with an approved automatic fire sprinkler system the provisions of section 18.3.1 may be modified by the AHJ. 2. When water supply requirements cannot be installed due to topography or other conditions, the AHJ may require additional fire protection as specified in section 18.3.2 as amended in the code. 3. When there are not more than two dwellings, or two private garage, carports, sheds and agricultural. Occupancies, the requirements of section 18.3.1 may be modified by AHJ. 18.3.2* Where no adequate or reliable water distribution system exists, approved reservoirs, pressure tanks, elevated tanks, fire department tanker shuttles, or other approved systems capable of providing the required fire flow shall be permitted. 18.3.3* The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on a fire apparatus access road on the site of the premises or both, in accordance with the appropriate county water requirements. 18.3.4 Fire Hydrants and connections to other approved water supplies shall be accessible to the fire department. Michael Yee May 14, 2020 Page 7 18.33 Private water supply systems shall be tested and maintained in accordance with NFPA 25 or county requirements as determined by the AHJ. 18.3.6 Where required by the AHJ, fire hydrants subject to vehicular damage shall be protected unless located within a public right of way. 18.3.7 The AHJ shall be notified whenever any fire hydrant is placed out of service or returned to service. Owners of private property required to have hydrants shall maintain hydrant records of approval, testing, and maintenance, in accordance with the respective county water requirements. Records shall be made available for review by the AHJ upon request. C— 18.3.8 Minimum water supply for buildings that do not meet the minimum County water standards: Buildings up to 2000 square feet, shall have a minimum of 3,000 gallons of water available for Firefighting. Buildings 2001- 3000 square feet, shall have a minimum of 6,000 gallons of water available for Firefighting. Buildings, 3001- 6000 square feet, shall have a minimum of 12,000 gallons of water available for Firefighting. Buildings, greater than 6000 square feet, shall meet the minimum County water and fire flow requirements. Multiple story buildings shall multiply the square feet by the amount of stories when determining the minimum water supply. Commercial buildings requiring a minimum fire flow of 2000gpm per the Department of Water standards shall double the minimum water supply reserved for firefighting. Fire Department Connections (FDC) to alternative water supplies shall comply with 18.3.8 (1)- 6) of this code. NOTE: In that water catchment systems are being used as a means of water supply for firefighting, such systems shall meet the following requirements: 1) In that a single water tank is used for both domestic and firefighting water, the water for domestic use shall not be capable of being drawn from the water reserved for firefighting; Michael Yee May 14, 2020 Page 8 2) Minimum pipe diameter sizes from the water supply to the Fire Department Connection FDC) shall be as follows: a) 4" for C900 PVC pipe; b) 4" for C906 PE pipe; c) 3" for ductile Iron; d) 3' for galvanized steel. 3) The Fire Department Connection(FDC) shall: a) be made of galvanized steel; b) have a gated valve with 2-1/2 inch, National Standard Thread male fitting and cap; c) be located between 8 ft and 16 ft from the Fire department access. The location shall be approved by the AHJ; d) not be located less than 24 inches, and no higher than 36 inches from finish grade, as measured from the center of the FDC orifice; e) be secure and capable of withstanding drafting operations. Engineered stamped plans may be required; f) not be located more than 150 feet of the most remote part, but not less than 20 feet, of the structure being protected; g) also comply with section 13.1.3 and 18.2.3.4.6.1 of this code. 4) Commercial buildings requiring a fire flow of 2000gpm shall be provided with a second FDC. Each FDC shall be independent of each other, with each FDC being capable of flowing1500gpmbyengineereddesignstandards. The second FDC shall be located in an area approved by the AHJ with the idea of multiple Fire apparatus'conducting drafting operations at once, in mind. 5) Inspection and maintenance shall be in accordance to NFPA 25. 6) The owner or lessee of the property shall be responsible for maintaining the water level, quality, and appurtenances of the system. EXCEPTIONS TO SECTION 18.3.8: 1) Agricultural buildings, storage sheds, and shade houses with no combustible or equipment storage. 2) Buildings less than 800 square feet in size that meets the minimum Fire Department Access Road requirements. 3 g I Michael Yee May 14, 2020 Page 9 t 1 3) For one and two family dwellings, agricultural buildings, storage sheds, and detached garages 800 to 2000 square feet in size, and meets the minimum Fire Department Access Road requirements, the distance to the Fire Department Connection may be increased to 1000 feet. 4) For one and two family dwellings, agricultural buildings, and storage sheds greater than 2000square feet, but less than 3000 square feet and meets the minimum Fire Department Access Road requirements, the distance to the Fire Department Connection may be increased to 500 feet. 5) For buildings with an approved automatic sprinkler system, the minimum water supply required may be modified. If there are any questions regarding these requirements, please contact the Fire Prevention Bureau at(808) 932-2911. DARREN J. ROSARIO Fire Chief CB:ds i1 P 3 I i I. 1 1 1 0. ,,I%N 1 \11'`41 I ,I W viol l' I ri t S'IA'IF.OFHAWAII 1 m,,,,, DE:P.ARJ MEN 101*I AND AND tiA"I tIt‘I.RESOt 10'FS I.til)I)It Iii()\ A PtAIuliKI-WAtl,1 II,tNi)I t 11I,HAM,All 5HtS, i March 13,2020 i MEMORANDUM A FROM: TOi--DLNR Agencies: 4 Div.of Aquatic Resources 1 Div.of Boating&Ocean Recreation X Engineering Division(via email, DLNR ENGR 0O..hawaii qav) X Div.of Forestry&Wildlife 1 Div.of State Parks X Commission on Water Resource Management 1 Office of Conservation&Coastal Lands j X Land Division—Hawaii District X Historic Preservation(via email. DLNR Intake.SHPD()l)awah qov) TO: Russett TsujiRussellY. Tsuji, Land Administrator 1ISUBJECT: Special Permit Application(SPP 20-000216)—Request to Allow the Establishment of a 40-Unit Lodge with Associated Improvements LOCATION.Kealakekua, North Kona, Island of Hawaii,TMK:(3) 7-9-001:002 por. APPLICANT: County of Hawaii on behalf of Fairview Avenue Hawaii LLCII 3 Transmitted for your review and comment is information on the above-referenced subject matter. f We would appreciate your comments on this project which can be found at: 4 1. httos:lJhewatioimt.sharepoint.comisitesldlnr-Id(using the Chrome browser) 33j2Username: your Hawaii gov email address 1 3 Password: outlook password(if you do not know it,please contact IT by email to reset and get a new password) 1 4. Click on: Request for Comments,then cock on the subject link. 5, If you cannot access the document, please scan this Memo and email to darlene.k,nakamura(ahawaii.gov to obtain permission to grant you access Please submit any comments by May 29, 2020 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.nakamuraOhawaii.gov. Thank you. We have no objections. We have no comments. r V) Comments are aftt/aaf he.4 VSigned: Print Name: Carty S. Chang, Chief Engineer I May 14, 20201Date Attachments cc: Central Files j Planning Dept. Exhibit itI 5 UI I'kIt l \11:A"I OF I.a\I) :1\U NA ITIt:1l. l(F.Ol It( I ti I\Gl\I.FRIN(: UIVIslON LD/Russell V. Tsuji Ref: Special Permit Application (SPP 20-000216)- Request to Allow the Establishment of a 40-Unit Lodge with Associated Improvements TMK(s): (3)7-9-001:002 por. Location: Kealakekua, North Kona, Island of Hawaii Applicant: County of Hawaii on behalf of Fairview Avenue Hawaii LLC COMMENTS the rules and regulations ofthe 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 6012. 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 I fazard Zone designation for the project. Flood Ilazard Zones are designated on FEMA's Flood Insurance Rate Maps(FIRM). which can be viewed on our Flood Hazard Assessment Tool (FI[AT)(http://gis.hawaiinfip.org/FI-IAT). If there are questions regarding the local flood ordinances, please contact the applicable County NFIP coordinating agency below: o Oahu:City and County of I lonolulu, Department of Planning and Permitting 808)768-8098. o Hawaii Island: County of Hawaii, Department of Public Works(808)961-8327. t f Maui/Molokai/Lanai County of Maui.Department of Planning(808)270-7253. o Kauai:County of Kauai, Department of Public Works(808)241-4896. gr"-Z1Signed: l CARTY S.CHANG.CHIEF ENGINEER Date: May 14, 2020 1 t 1 1 4 i 1 3 14 f 114 DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAI`i 345 KEKUANACYA STREET, SUV E 20) • HIL U- HAWA1 19672 Jixn\a TEL EPHONE:: (Mi) 061-8050 • LA.N ,, j1 991-8557 i i Mai 18. 2020 i4 1 i 141 TO: Mr. Michael Yee, Director I Planning Department w I FROM: Keith K. Okamoto, Manager—Chief Engineer SUBJECT: Special Permit Application (SPP 20-000216) Applicant— Fairview Avenue Hawaii LLC Request—To Allow the Establishment of a 40-Unit Lodge with Associated Improvements a Tax Map Key 7-9-001:Portion of 0024 i 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 1 existing water system facilities. Therefore, the Department's existing water system facilities cannot support the proposed development at this time. Extensive improvements and additions, which may include, but not limited to source,t storage, booster pumps, transmission, and distribution facilities, would be required. 1 I Should there be any questions, please contact Mr. Troy Samura ofour Water Resources and PlanningBranchat961-8070, extension 255.I Sincerely yours, 4 i Itilii414444A41) 1 Keith K. Okamoto, P.E. ManagerChief Engineer TS:dfg 1 copy —Fairview Avenue Hawaii LLC1 Planning Dept. Exhibit C° i Water, Ourl1ost Trecious&source. . . Ka WaiA 7 ne• ' • 7TheDepartmentofWaterSupplyisanEqualOpportunityproviderarxemPtemployer t g rY,!+'h Harry Kim William A. Kucharski Mayor Director Roy Takemoto n ,,.' Diane A. Noda Managing Director Deputy Director County of Hawaii DEPARTMENT OF ENVIRONMENTAL MANAGEMENT s 345 Kekuanao'a Street,Suite 41 • Hilo,Hawai'i 96720 Ph:(808)961-8083 • Fax:(808)961-8086 Email: cohdem@hawaiicounty.gov r MEMORANDUM T TO:Michael Yee, Director Planning De•artment I li FROM: William A. 'ucha ki, Directort Environmental Management Department t DATE: May 18, 2020 SUBJECT:Special Permit Application (SPP 20-000216) Applicant: Fairview Avenue Hawaii LLC Request: To Allow the Establishment of a 40-Unit Lodge with Associated Improvementsr Tax Map Key: (3) 7-9-001: portion of 002 i1 i R The Solid Waste Division has reviewed the subject application and offers the following11commentsand/or recommendations (contact the Solid Waste Division for details): No comments. i X ) Commercial operations,State and Federal agencies, religious entities and non-profit organization may not use transfer stations for disposal. X ) Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. X ) Ample and equal room should be provided for rubbish and recycling.I X ) 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. X ) Construction and demolition waste is prohibited at all County Transfer Stations. X Submit Solid Waste Management Plan in accordance with attached guidelines. i Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. Planning Dept. Exhibit 7 County of Hawaii is an Equal Opportunity Provider and Employer 133186 i Mr. Michael Yee, Director May 18, 2020 Page 2 Other: The Wastewater Division has reviewed the subject application and offers the following comments and/or recommendations (contact the Wastewater Division for details): X ) No comments. Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawai'i County Code. Require Council Resolution to approve sewer extension in accordance with Section 21- 26.1 of the Hawai'i County Code. Complete Sewer Extension Application. Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawai'i County Code. Check or line out as applicable: [ J If required by the Director of the Department of Environmental Management ("Director of DEM"), j J applicant shall conduct a sewer study in accordance with the then applicable wastewater system design standards prior to approval to connect to the County sewer system. Applicant shall provide such sewer line or other facility improvements as the Director of DEM may reasonably require, which the sewer study may indicate are advisable for mitigation of impacts of the proposed project. Contact Wastewater Division Chief for details. Other: Enclosure: Solid Waste Management Plan Guidelines WK:mef a ry gg 11;11n, i nn s : d Mimi) 1. Ku,I,;rr,1,i4:r+rl 11 • 44. ince,! \I. Ui..nct. or'H} 6ui111N u r Attu t `i DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao`a Street.Suite 41 • Hilo. tiawai`i 96720 18(18)961-8083 Fax(8(18)961-8086 hup://www.hawaiicuunty.govienvironmental-managemen0 January 30. 2017 SOLID WASTE. MANAGEMENT PLAN Guidelines INTENT AND PURPOSE This is to establish guidelines for reviewing Solid Waste Management flans, for which special conditions are placed on developments. The Solid Waste Management Plan will be used to: (1) promote and implement recycling and recycling programs. (2) predict the waste generated by the proposed development to anticipate the loading on County Solid Waste Management Facilities, and (3) predict the additional vehicular traffic being generated because of waste and recycling transfers. A qualified consultant shall prepare a suitable Solid Waste Management Plan for review by the Department of Environmental Management. REPORT The Solid Waste Management Plan will contain the following: Description of the project and the potential waste it may be generating: i.e. analysis of anticipated waste volume and composition. This includes waste generated during the construction and operational or maintenance phases. Waste types shall include (but not be limited to): A. Organics (including food waste and green wastes); 3. Construction and Demolition; C. Paper(including cardboard); D. Metal (including ferrous and non-ferrous metals); E. Plastic; F. Special (including ash, sludge, treated medical, bulky items, tires); G. Household Hazardous (including paint, vehicle fluids, oil, batteries): and II. Glass.k 2. Indicate onsite source separation facilities by waste type; i.e. source separation bins of glass, metal, plastic, cardboard, aluminum, etc. Provide ample and equal space for rubbish and recycling. 3. Identification and location of the proposed waste reduction, waste re-use, recycling facility or disposal site and associated transportation methods for the various components ot'the development's waste management system, including the number of County of{tawari is an Equal Upponundv Provider and timployer. x Solid Waste Management Plan Guidelines f Page 2 of 2 f vehicle movements and associated routes that will be used to transport the waste and recycled materials. 4. The report will include identification of any impacts to County-operated waste management facilities, and the appropriate mitigation measures that will be implemented i by the development to minimize these impacts. 5. Analysis will be based on the highest potential use or zoning of the development. REQUIREMENTS AND CONDITIONS i 1. A Solid Waste Management Plan will be prepared for all commercial developments,as i defined under the policies of the Department of Environmental Management, Solid Waste Division.i P 1 2. The Department of Environmental Management will require the developer to provide or j resolve all recommendations and mitigation measures as outlined in the solid waste management plan; besides any conditions placed on the applicant herein. 3. A State of Hawaii licensed engineer will draft and certify in writing the Solid Waste Management Plan as complying with applicable Federal, State and County of Hawai'i 1 Solid Waste Laws, Regulations, and Administrative Rules.1 Should you require additional information,please contact Greg Goodale, Solid Waste Division Chief,at(808) 961-8515. ta CONCUR: / l IL. . tgWilliamA. Kucharski DIRECTOR t t 4f§ 8 t 2 f, 1 i t ysg1 t3 t S t tp V# County ofHawar i is an Equal opportunity Provider and Employer. Y ar f3= y,: f . OFFICE OF PLANNING DAVID Y.IGE i ' 4i Y ) STATE OF HAWAII MARY ALICE EVANS r Y 235 South 6eretania Street.6th Floor. Honolulu. Hawaii 96813 re ephore- 1908)587 2146 Mailing Address P 0 Box 2359 Honolulu Hawaii 9680.9 ax 80b)`)6,"24..2 1 tb. r-tp:-;:.iar^.g nr.vail rlo. TS 202005061 1 ().V A May 26, 2020 Mr. Michael Yee Director Planning Department r County of Hawaii 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Attention: Maija Jackson Dear Mr. Yee: i Subject: Special Permit Application(SPP 20-000216) 1 Applicant: Fairview Avenue Hawaii LLC 1 Request:Establishment of a 40-unit Lodge with Associated Improvements j Land Area: Approximately 14.9 Acres of a 294.462-Acre Parcel Location: Kealakekua, North Kona, Hawaii TMK:3) 7-9-001: Por. 29g I 1 The Office of Planning(OP) has reviewed the subject Special Permit(SP) application to I establish a two-story 4,000 square foot Lodge building with a commercial kitchen, restrooms, check in, administrative areas, and eating areas. Forty separate individual prefabricated i structures, consisting of either a 32 by 21-foot "cocoon"or a 23-foot diameter geodesic domes to be used as visitor rooms. These structures would be installed on wooden decks, and be comprised of a bedroom and bathroom, with a maximum occupancy of three(3) people each. According to the application, there would be about 50 parking stalls, about 10 septic systems, water reservoirs and infrastructure, and a photovoltaic system to service the Lodge use. The i Lodge would be able to accommodate about 100 to 200 visitors per week. According to the s, application, there would be between two to five employees. 4 The parcel was formerly part of Hokukano Ranch, and currently contains a 996-square foot 2-bedroom dwelling unit, which will be used for the agricultural area outside of the Special Permit area. The remainder of the area outside of the Special Permit area is currently not in I Agricultural use, but is proposed for ranching, coffee and fruit production.1 The Office of Planning(OP) offers the following comments and concerns. d r1. According to the application, the proposed Fairview Lodge will be established on a 1E 14.9 acre portion of a 294.4621 within the State Agricultural Land Use District. The parcel has been designated by the Land Study Bureau (LSB) as D and E,with poorf Planning Dept. Exhibit__ t 133311 i Mr. Michael Vee May 2/ 2(l)(1 Page2 soils. The Lodge will be within the lands classified as E by the LSB. The County has zoned the parcel as Agriculture A-20a. The General Plan Land Use Pattern Allocation map designates the parcel as Important Agricultural Lands. The site is not within the Special Management Area. Access to the site is from Puu Lehua Drive. The site is surrounded by the State Agricultural Land Use District with the closest Urban lands about four miles east along major County and State highways. 2. To clarify the application, under the Agricultural Lands of Importance to the State of Hawaii (ALISH) system, the site is classified as"Other Important Agricultural Lands." Other Important Agricultural Land is land other than Prime or Unique Agricultural Land that is of State-wide or local importance for the production of food. feed, fiber and forage crops. These lands can be farmed satisfactorily by applying greater inputs of fertilizer and other soil amendments, drainage improvement, erosion control practices, flood protection and produce fair to good crop yields when managed properly. (State Department of Agriculture, 1977) 3. The document indicates that the Special Permit portion of the proposed site is 14.9 acres. Figure 3 indicates that site for the lodge and units is 14.9 acres, but which appears to exclude the two driveways and access leading to the site. By our estimate, the driveways may be about 14,000 square feet, which would increase the total area to over 15 acres. OP recommends verification of the land area encompassed by the Special Permit uses. In accordance with Hawaii Revised Statues, Section 205-6, and Hawaii Administrative Rules(HAR) §15-15-95 for Special Permits, if the application for Special permit involves a land area of less than 15 acres, the decision on the permit rests with the County Planning Commission. If the land area is greater than 15 acres, approval from the Land Use Commission is also required. 4. A Traffic Impact Analysis Report(TZAR) was not undertaken, and although a low level of traffic is anticipated by the applicant, there may be undesirable impacts from the volume of traffic from visitors and employees affecting existing roads and surrounding uses. gg Mr. Michael Yee May » 102() age 1 5. An Archaeological Reconnaissance Survey(ARS) which included a walk-through of the 14.9 acres was completed. While the ARS indicates that no archaeological and historic sites were found on the property, an Archaeological Inventory Survey (AIS) should be conducted in consultation with the State Historic Preservation Division, which may require that the survey encompass the entire property. Review and acceptance of the AIS by the State Historic Preservation Division should be obtained for the consideration of any mitigation measures needed prior to a decision on the Special Permit by the Planning Commission. 6. The application does not include a Cultural Impact Assessment but indicates that the proposed project will not have potential impacts on Ka Paakai resources. OP is concerned that there is not an adequate level of information on cultural impacts for a Ka Paakai determination. t I 7. OP would caution that the approval should be based on whether the Lodge use would be considered as an "unusual and reasonable"use within the Agricultural Land Use District. The Special Permit rules provides guidelines for such determinations, the first of which states that "The use shall not be contrary to the objectives sought to be accomplished by chapter 205... (HAR §I5-15-95(b)(1). A 40-unit lodge intended for short-term visitor accommodations is not consistent with the objectives of the Agricultural District. Agricultural tourism must be"conducted on a working farm, ... provided that the agricultural tourism activity is accessory and secondary to the principal agricultural use..." (§ 205-2(d)(11). There does not appear to be an existing farm operation which first must be established as the principal use. Thank you for the opportunity to review the Special Permit application. If you have any questions,please contact Lorene Maki of our Land Use Division at Lorene.k.maki(a hawaii.gov Mahalo, r6.)arts Mary Alice Evans Director Il\\\I.II.I 1\4. DAVID Y.IGE II kIHPE H\u\ 1r r:;?rayl 110%141104 I\\0\\U\UI HU.Hk.\01U!I• 71\1\11\?10\0\4%FIR 141,111-HI I I:1\11.4\I4\I 2(-1102e t STATE 01 HANNAII IH-t RI\II:\1 OF L1NI) %NI) \1"I1 1211. RF'OI1(( I'S LAND DI%IMO• POS I OI HCI-BOX 621 HONOLULU,HAWAII 968119 June 5, 2020 County of Hawaii via email: planninq(cvhawaiicounty.gov Planning Department Attn: Ms. Maija Jackson 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Dear Ms. Jackson: SUBJECT: Special Permit Application (SPP 20-000216)—Request to Allow the Establishment of a 40-Unit Lodge with Associated Improvements located at Kealakekua, North Kona, Island of Hawaii; TMK: (3) 7-9-001:002 por. on behalf of Fairview Avenue Hawaii LLC Thank you for the opportunity to review and comment on the subject matter. In addition to our previous comments dated May 29, 2020, enclosed are comments from the Commission on Water Resource Management on the subject matter. Should you have any questions, please feel free to contact Darlene Nakamura at (808) 587-0417. Thank you. Sincerely, Russell Tsuji Russell Y. Tsuji Land Administrator Enclosures cc: Central Files is r'lanning Dept. Exhibit q 133599 f i i C-11: Iv;r S,I.',r,'It v ::ASE r } s r Ii.PIJ.F S F L' t 1 MAN .Ad % _ t NE.I.1 F- '.i',.'S t i s STATE OF HAWAII DEPAP.1 MEN OF LAND AND NA-URAL H.ESOuRCES COMMISSION ON WATER RESOURCE MANAGEMENT 1 P.O BOX 621 HONOLULU.HAWAII 958C9 May 28, 2020 REF: RFD.5365.8 i` TO Mr. Russell Tsuji,Administrator r Land Division s FROM M. Kaleo Manuel, Deputy Director W Commission on Water Resource Management SUBJECT:Special Permit Application(SPP 20-000216)-Request to Allow the Esablishment of a 40-Unit Lodge with Associated Improvements FILE NO. RFD.5365.8 e, TMK NO.. 3)7-9-001:002 por. Thank you for the opportunity to review the subject document. The Commission on Water Resource Management(CWRM)is the agency responsible for administering the State Water Code(Code). Under the Code,all waters of the State are held in trust for the benefit of the citizens of the State,therefore all water use is subject to legally protected water rights. CWRM strongly promotes the efficient use of Hawaii's water resources through 4. conservation measures and appropriate resource management. For more information, please refer to the State Water Code, Chapter 174C, Hawaii Revised Statutes,and Hawaii Administrative Rules, Chapters 13-167 to 13-171. These documents are available via the Internet at http://dlnr.hawaii.gov/cwrm. i Our comments related to water resources are checked off below. n1. We recommend coordination with the county to incorporate this project into the county's Water Use and I'' Development Plan. Please contact the respective Planning Department and/or Department of Water Supply for further information. 2. We recommend coordination with the Engineering Division of the State Department of Land and Natural I: Resources to incorporate this project into the State Water Projects Plan. 3. We recommend coordination with the Hawaii Department of Agriculture(HDOA)to incorporate the reclassification of agricultural zoned land and the redistribution of agricultural resources into the State's Agricultural Water Use and Development Plan(AWUDP). Please contact the HDOA for more w information. t X- 4. We recommend that water efficient fixtures be installed and water efficient practices implemented j throughout the development to reduce the increased demand on the area's freshwater resources. Reducing the water usage of a home or building may earn credit towards Leadership in Energy and k Environmental Design(LEED)certification. More information on LEED certification is available at i http://www.usgbc.org/leed. A listing of fixtures certified by the EAP as having high water efficiency can be found at http:/Mrww.epa.gov/watersense. 0 5. We recommend the use of best management practices(BMP)for stormwater management to minimize g the impact of the project to the existing area's hydrology while maintaining on-site infiltration and preventing polluted runoff from storm events. Stormwater management BMPs may earn credit toward LEED certification. More information on stormwater BMPs can be found at http.//planning.hawaii.gov/czm/initiatives/low-impact-developmentl Xi 6. We recommend the use of alternative water sources,wherever practicable. 0 7. We recommend participating in the Hawaii Green Business Program,that assists and recognizes businesses that strive to operate in an environmentally and socially responsible manner.The program description can be found online at http.//energy.hawaii.gov/green-business-program. 0 8. We recommend adopting landscape irrigation conservation best management practices endorsed by the Landscape Industry Council of Hawaii.These practices can be found online at z. I'. Mr. Russell Tsuji Page 2 May 28, 2320 http:r`ww'w.hawaiescape com/wp-content'uploads120'3/04/LICH_Irngation_Conservation_BMPs.pdf 7 9 There may be the potential for ground or surface water degradation/contamination and recomme'd tat approvals for this project be conditioned upon a rev.ew by the State Department of Health and the developer's acceptance of any resulting requirements related to water quality 10 The proposed water supply source for the project is located in a designated water management area. and a Water Use Permit is required prior to use of water. The Water Use Permit may be conditioned on the j t requirement to use dual line water supply systems for new industrial and commercial developments. 1 11 A Well Construction Permit(s)is(are)are required before the commencement of any well construction work. 1 12 A Pump Installation Permit(s)is(are)required before ground water is developed as a source of supply for j the project. I 13 There is(are)well(s)located on or adjacent to this project. If wells are not planned to be used and will be 3 affected by any new construction.they must be properly abandoned and sealed. A permit for well abandonment must be obtained.j n1• 4 Ground-water withdrawals from this project may affect streamflows,which may require an instream flow I 1 standard amendment. 15 A Stream Channel Alteration Permit(s)is(are)required before any alteration can be made to the bed and/or banks of a steam channel. j r n 16 A Stream Diversion Works Permit(s)is(are)required before any stream diversion works is constructed or altered. I 1• 7 A Petition to Amend the Interim Instream Flow Standard is required for any new or expanded diversion(s) of surface water. n 18 The planned source of water for this project has not been identified in this report. Therefore, we cannot determine what permits or petitions are required from our office,or whether there are potential impacts to 3 water resources. I piO• THER: We look forward to reviewing agricultural water demands when those calculations become i available. Please also identify the source of the agricultural water. f j g i 1 If you have any questions, please contact Lenore Ohye of the Commission staff at 587-0216.a i I t z t t tg I I t t t ri s g 41 ,:if. ` 1"'' >'F T7-77,--„„ 1... a 11' r .a 1111 Is117 iJy-:\4 .q. ti 1 ' t 1Ii1i,l t`' I'. ' 'i}ci ili07 ii ? 1 i ii:rI40, I J tLkNkl,i to [Hulk t1rJ. Room Y-I 2.2 i I Ionolulu. Iion\dii 9r,s5(t In Reply Refer to: OIEPIFOO-2020-TA-0295 June 1,2020 1 Mr. Michael Yee Director County of Hawaii Planning Department East Hawaii Office 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 iSubject: Technical Assistance for the Special Permit Application from Fairview Avenue i Hawaii LLC for the Establishment of a 40-Unit Lodge with Associated Improvements in Kealakekua. North Kona. Island and County of Hawaii 9 f Dear Mr. Michael Yee: The U.S. Fish and Wildlife Service (Service) received your correspondence on May 7, 2020. requesting technical assistance for the Special Permit Application from Fairview Avenue Hawaii LLC. for the establishment of a 40-unit lodge with associated improvements in Kealakekua i TMK 3-7-9:001: portion of 002). The Service offers the following comments to assist you in your planning process so that impacts to trust resources can be avoided through site preparation, construction, and operation. Our comments are provided under the authorities of the Endangered Species Act of 1973 (ESA). as amended(16 U.S.0 1531 et seq.). Project Description i Fairview Avenue Hawaii LLC (the applicant) is requesting a Special Permit to allow for the construction of a 40-unit room lodge with associated improvements on an approximate 14.9 acre portion of the 294.46 acre subject parcel of land. The site is located off Puu Lehua Drive approximately 3.5 miles east of its intersection with Mamalahoa Highway in Kealakekua. The land is zoned Agriculture 20 acre. If approved, the applicants would construct 40 separate t vacation rental units, consisting of two designs of pre-fabricated done structures containing a commercial kitchen. Visitors to the lodge will be able to explore the grounds and observe diverse agricultural pursuits such as ranching, coffee, and fruit production on the property and in the area. Potable water for the lodge will be trucked in by commercial providers and stored in five tanks with a combined capacity of 58,000 gallons. Non-potable water for fire suppression and irrigation will be stored in a reservoir with a capacity of approximately 125,000 gallons. INTERIOR REGION 9 INTERIOR REGION COLUMBIA—PACIFIC NORTHWEST PACIFIC ISLANDS fanning Dept IDAHO. MONTANA*. OREGON`. WASHINC;TC N AMERICAN SAMOA. GUAM. IIA 1;AII. N tO ai,u MARIANA ISLANDS 133544 Nlichael Yee Based on information nu pros ided and pertinent information in our files, including data compiled by the I la‘kaii Bloch\ersitv and Mapping Project. there are FIN e listed animal species in the immediate \icinity of the project area: the federall\ endangered 11av,aiian hoary bat Li/Nil/1-10 cincrcux scinottro. 1 la\\aiian stilt ill/man/opt/A inc.vicvrittv kinitt‘ciri). Ilax‘aiian coot dice! I limaiian duck (.bias iii tylliona). and the threatened Ilimaiian goose (Brania Nesochei ) .swhivicenvis). Additionally, the endangered I lawaiian petrel (Pterodroma sandwichensis), band-rumped storm-petrel (Oceatiodroma castro). and the threatened Newell's shearwater(Putfinus auricularis newel/i) may transit the project area flying to upland breeding colonies. The Hawaiian hawk (Bute°solitarius), a species that was recently removed from the federal list of threatened and endangered species, continues to be State-listed as endangered under HRS 195- D. We recommend the identified avoidance and minimization measures (see below) be incorporated into project implementation plans and recommend you coordinate with the I lawaii Department of Land and Natural Resources, Division of Forestry and Wildlife, for any further compliance related to Hawaiian hawk. 1 To avoid and minimize potential project impacts to listed species. the following measures are recommended: Hawaiian hawk The State-listed Hawaiian hawk is known to occur across a broad range of forest habitats throughout the Island of Hawaii. Loud, irregular and unpredictable activities, such as using heavy equipment or building a structure, near an endangered Hawaiian hawk nest may cause nest failure. Harassment of Hawaiian hawk nesting sites can alter feeding and breeding patterns or result in nest or chick abandonment. Nest disturbance can also increase exposure of chicks and juveniles to inclement weather or predators. To avoid and minimize impacts to Hawaiian hawks we recommend you incorporate the following applicable measures into your project description: If work must be conducted during the March 1 through September 30 Hawaiian hawk breeding season, have a biologist familiar with the species conduct a nest search of the project footprint and surrounding areas immediately prior to the start of construction activities. a Pre-disturbance surveys for Hawaiian hawks are only valid for 14 days. If disturbance for the specific location does not occur within 14 days of the survey. conduct another survey. No clearing of vegetation or construction activities should occur within 1,600 feet of any active Hawaiian hawk nest during the breeding season until the young have fledged. Regardless of the time of year, trees containing a hawk nest should not be cut, as nests may be re-used during consecutive breeding seasons. I Mr. Michael Yee 3 I Hawaiian hoary bat he federally endangered I lawaiian hoar\ hat roosts in both exotic and native woodv Vegetation across all islands and will leave voun,.; unattended in trees and shrubs when they frage. II trees I or shrubs 15 feet or taller arc cleared during the pupping season. there i, a risk that young hats could inadvertently be harmed or killed since they are too young to lly or may not move away. Additionally. Hawaiian hoary bats forage for insects from as low as 3 feet to higher than 500 feet above the ground and can become entangled in barbed wire used for fencing. To avoid and minimize impacts to the endangered Hawaiian hoary bat we recommend you tincorporatethefollowingapplicablemeasuresintoyourprojectdescription: I Do not disturb, remove, or trim woody plants greater than 15 feet tall during the bat birthing and pup rearing season (June 1 through September I5). Do not use barbed wire for fencing. Hawaiian goose i t The federally threatened Hawaiian goose is found on the islands of Hawaii. Maui, Molokai. and Kauai. They are observed in a variety of habitats, but prefer open areas, such as pastures, golf a courses, wetlands, natural grasslands and shrublands, and lava flows. Threats to the species I include introduced mammalian and avian predators, wind facilities, and vehicle strikes. ii To avoid and minimize potential project impacts to Hawaiian geese we recommend you incorporate the following applicable measures into your project description: Do not approach, feed, or disturb Hawaiian geese. If Hawaiian geese are observed loafing or foraging within the project area during the t breeding season (September through April), have a biologist familiar with the nesting behavior of Hawaiian geese, survey for nests in and around the project area prior to the resumption of any work. Repeat surveys after any subsequent delay of work of 3 or more t days (during which the birds may attempt to nest). o Cease all work immediately and contact the Service for further guidance if a nest is discovered within a radius of 150 feet of proposed work, or a previously undiscovered nest is found within said radius after work begins. In areas where Hawaiian geese are known to be present, post and implement reduced j speed limits, and inform project personnel and contractors about the presence of endangered species on-site. x 1 Hawaiian stilt, Hawaiian coot,and Hawaiian duck t i Listed Hawaiian waterbirds are found in fresh and brackish-water marshes and natural or man- made ponds. Hawaiian stilts may also be found wherever ephemeral or persistent standing water may occur. Threats to these species include non-native predators, habitat loss, and habitat degradation. Hawaiian ducks are also subject to threats from hybridization with introduced l mallards. 1' I E f I Mr. Michael Y ec 4 Based on the project detaik pros'sled. our information suggests that your project may result in standing_ nater or the creation of open eater. thus attracting I lawaiian waterbirds to the site. In particular. the I Iat%aiian stilt k known to nest in sub-optimal locations (e.g. any ponding water). if eater is present. I lassaiian waterbirds attracted to sub-optimal habitat may suffer adverse impacts. such as predation and reduced reproductise success. and thus the project may create an attractive nuisance. 'Iherelore, we recommend you work with our office during project planning so that we may assist you in developing measures to avoid impacts to listed species (e.g.. fencing. vegetation control, predator management). To avoid and minimize potential project impacts to Hawaiian waterbirds we recommend you incorporate the following applicable measures into your project description; In areas where waterbirds are known to be present, post and implement reduced speed limits. and inform project personnel and contractors about the presence of endangered species on-site. If water resources are located within or adjacent to the project site. incorporate applicable best management practices regarding work in aquatic environments into the project design (see enclosure). Have a biological monitor that is familiar with the species' biology conduct Hawaiian waterbird nest surveys where appropriate habitat occurs within the vicinity of the proposed project site prior to project initiation. Repeat surveys again within 3 days of project initiation and after any subsequent delay of work of 3 or more days (during which the birds may attempt to nest). If a nest or active brood is found: o Contact the Service within 48 hours for further guidance. o Establish and maintain a 100-foot buffer around all active nests and/or broods fr until the chicks/ducklings have fledged. Do not conduct potentially disruptive activities or habitat alteration within this buffer. o Have a biological monitor that is familiar with the species' biology present on the project site during all construction or earth moving activities until the chicks/ducklings fledge to ensure that Hawaiian waterbirds and nests are not adversely impacted. Hawaiian petrel, Newell's shearwater, and band-rumped storm petrel Hawaiian seabirds may traverse the project area at night during the breeding, nesting and fledging seasons (March 1 to December 15). Outdoor lighting could result in seabird disorientation, fallout, and injury or mortality. Seabirds are attracted to lights and after circling t; the lights they may become exhausted and collide with nearby wires, buildings, or other structures or they may land on the ground. Downed seabirds are subject to increased mortality due to collision with automobiles, starvation, and predation by dogs, cats, and other predators. Young birds (fledglings) traversing the project area between September 15 and December 15, in their first flights from their mountain nests to the sea, are particularly vulnerable. To avoid and minimize potential project impacts to seabirds, the project; Fully shield all outdoor lights so the bulb can only be seen from below bulb height and only use when necessary. 1 n i Mr. Michael Yee Install automatic motion sensor itches and controls on all outdoor 1i.hts or turn oil lights w=hen human activity is not occurring in the lighted area. Avoid niUhttime construction during the seabird (ledging period. September 15 throtwIh December 15. Biosecurity and Invasive Species We are attaching our list of Biosecurity Protocols to prevent the introduction and spread of harmful invasive species on the island of Hawaii. We encourage you to incorporate the relevant measures into your project description and all contracts for the construction/maintenance of the project. If this potential project should receive federal funding, federal permits, or any federal authorization. it will require a Section 7 consultation with the Service. The Service only conducts Section 7 consultations with the federal action agency or their designated representative. Thank you for participating with us in the protection of our endangered species. If you have any further questions or concerns regarding this consultation, please contact Eldridge Naboa. Fish and Wildlife Biologist. 808-933-6964. e-mail: eldridge_naboa a fws.gov. When referring to this project, please include this reference numbers: OIEPIF00-2020-TA-0295. Sincerely. Digitally ed byCI-IELSIE CHELSIEJAVARSALA5 JAVAR-SALAS°;2 ai2000' Chelsie Javar-Salas Acting Island Teani Manager Maui Nui and Hawaii Island Attachments: Biosecurity Protocols— Hawaii Island Best Management Practices for Work In or Around Aquatic Environments Cc: Maija Jackson. County of Hawaii, Planning Department f L t g Mr. Michael Yee 6 k. IIOSFCURTV PROTOCOL — ISLAND WAN 2018) The It}Ilo‘Ain4c hioecurit\ protocol (ha•ed on National Park Serf ice. State oil S. Fish and 11 5. Geological Sur‘ and the 1)01 O Lice of'Nati%c 1hmaiian Relation: guidance) should be followed when operating on Ilawaii Island to prevent the introduction of harmful invasive species including frogs, ants, weeds, and fungi into local natural areas (e.g., Hawaii Volcanoes National Park. Hakalau Forest National Wildlife Refuge, State of Hawaii Natural Areas") and areas with native habitat(habitat that is primarily composed of native vegetation), other islands in Hawaiian archipelago, or the U.S. mainland. The protocol also includes suggestions for keeping field staff safe from certain invasive species. 1. All work vehicles, machinery, and equipment should be cleaned, inspected by its user, and found free of mud, dirt, debris and invasive species prior to entry into the natural areas or native habitat. a. Vehicles, machinery, and equipment must be thoroughly pressure washed in a designated cleaning area and visibly free of mud, dirt, plant debris, insects, frogs (including frog eggs) and other vertebrate species such as rats, mice and non-vegetative debris. A hot water wash is preferred. Areas of particular concern include bumpers, grills, hood compartments. areas under the battery, wheel wells, undercarriage, cabs. and truck beds (truck beds with accumulated material (intentionally placed or fallen from trees) are prime sites for hitchhikers). b. The interior and exterior of vehicles, machinery, and equipment must be free of rubbish and food. The interiors of vehicles and the cabs of machinery mustbe vacuumed clean. Floor mats shall be sanitized with a solution of>700/0 isopropyl alcohol or a freshly mixed 10% bleach solution. c. Any machinery, vehicles. equipment, or other supplies found to be infested with ants (or other invasive species) must not enter natural areas or native habitat. Treatment is the responsibility of the equipment or vehicle owner and operator. 2. Little Fire Ants—All work vehicles, machinery,and equipment should be inspected for invasive ants prior to entering the natural areas or native habitat. a. A visual inspection for little fire ants should be conducted prior to entry into natural areas or native habitat. b. Hygiene is paramount but even the cleanest vehicle can pick up a little fire ant. Place x. MaxForce Complete Brand Granular Insect Bait (1.0% Hydramethylnon: http://littlefireants.com/Maxforce%20Complete.pdf) into refillable tamper resistant bait stations. An example of a commercially available refillable tamper resistant bait station is the Ant Cafe Pro(haps://w‘‘%N.antcafe.com/). Place a bait station (or stations) in vehicle. Note larger vehicles, such as trucks, may require multiple stations. Monitor bait stations frequently(every week at a minimum)and replace bait as needed. If the station does not have a sticker to identify the contents, apply a sticker listing contents to the station. c. Any machinery, vehicles, equipment, or other supplies found to be infested with ants(or other invasive species) must not enter natural areas or native habitat until it is sanitized and re-tested following a resting period. Infested vehicles must be sanitized following recommendations by P f Mr. Michael Yee 7 the 11a.\\ail Ant l.ah (or other ant control expert and in accordance w,kb all State and Federal laws. Treatment is the responsihihh oldie equipment or vehicle ner. d. Orav el. building material,. or other equipment such as portable huildins should he baited usime MaxForce Complete Brand Granular Insect Bait (1.0°ro Iiy'dramethylnon: Irttj ilittictireants.com 'Max li)rce"-;,?t)Con plete,pd )or AmdroPro (0.73% I lydramethylnon; http://littlefireants.com/Amdro%20Pro.pdf)following label guidance. e. Storage areas that hold field tools, especially tents, tarps. and clothing should be baited using MaxForce Complete Brand Granular Insect Bait(1.0% Hydramethylnon; http://litilef ireants.com!Maxforce%20Completc.pdf)or AmdroPro (0.73% Hydramethylnon: http://littlefireants.com!Amdro%20Pro.pdf) following label guidance. 3. Base yards and staging areas inside and outside areas must be kept free of invasive species. a. Base yards and staging areas should be inspected at least weekly for invasive species and any found invasive removed immediately. Pay particular attention to where vehicles are parked overnight, keeping areas within 10-meters of vehicles free of debris. Parking on pavement and not under trees, while not always practical is best. b. Project vehicles or equipment stored outside of a base yard or staging area. such as a private residence, should be kept in a pest free area. 4. All cutting tools must be sanitized to prevent the Rapid Ohia Death (ROD) fungus. a. Avoid wounding ohia trees and roots with mowers. chainsaws, weed eaters, and other tools. Cut only the minimum amount of trees and branches as approved for the project. b. All cutting tools, including machetes, chainsaws. and toppers must be sanitized to remove visible dirt and other contaminants prior to entry into natural areas or areas with native habitat, t and when moving to a new project area within the native habitat area. Tools may be sanitized using a solution of>70% isopropyl alcohol or a freshly mixed 10%bleach solution. One minute after sanitizing, you may apply an oil based lubricant to chainsaw chains or other metallic parts btopreventcorrosion.t c. Only dedicated tools and chainsaws should be used to sample known or suspected ROD infected trees. d. Vehicles, machinery, and equipment must be cleaned as described in (1) above. 5. Imported firewood, logs,and ohia parts: a. Ohia firewood, ohia logs, and ohia parts should not be transported. 6. For individuals working in the field: a. Before going into the field, visually inspect and clean your clothes, boots, pack, radio harness, tools and other personal gear and equipment, for seeds, soil, plant parts, insects, and other debris. A small brush is handy for cleaning boots, equipment and gear. Soles of shoes lr. Michael Yee 8 should he sanitised usuug a solution of -7M0 isopropv I alcohol or a freshly, mixed I W0 bleach solution. h. Immediately before leaving the field, isually inspect and clean \our clothes. boots. pack. radio harness, tools. and other personnel tzcar and equipment. for seeds, soil. plant parts. insects, and other debris. soles of shoes should he sanitised using a solution of 70°0 isoprop\I alcohol or a freshly mixed 10% bleach solution. c. Little fire ants nest in trees. If you are under a tree and that tree is bumped or somehow stressed, the threat response of the ants is to fall from the leaves and sting the person under the tree. If you are subject to an ant attack, do not panic. The ants are extremely small but their stings are painful so make sure you remove all ants from your body and clothing. The stings cause inch long welts that are itchy and painful, and can last for weeks. Treat stings as you would other insect stings. In some persons stings can produce life threatening reactions. Stocking antihistamine in the first aid kit is a reasonable precaution. d. Rat Lungworm disease is caused by a parasite that can infect humans who consume raw or undercooked infected snails or slugs or consume raw produce that contains a small infected snail or slug. Infection is rare but can be serious. Symptoms can include severe headache, neck stiffness, low grade fever, nausea, and vomiting anywhere from 1-6 weeks after exposure. The disease is not spread person to person. Anyone who handles snails or slugs should wear gloves and/or wash hands. Eating unwashed produce is discouraged. t gd AC Mr. Michael Yee i U.S. Fish and Wildlife Service Recommended Standard Best INlanagctnent Practices I he E .S. Fish and Wildlife Serb ice (I.SI' \S) recommends the following measures to be incorporated into project planning to avoid or minimize impacts to fish and wildlife resources. Best Management Practices (BMPs) include the incorporation of procedures or materials that may be used to reduce either direct or indirect negative impacts to aquatic habitats that result from project construction-related activities. These BMPs are recommended in addition to, and do not over-ride any terms, conditions. or other recommendations prepared by the USFWS, other federal, state or local agencies. If you have questions concerning these BMPs, please contact the USFWS Aquatic Ecosystems Conservation Program at 808-792-9400. I. Authorized dredging and filling-related activities that may result in the temporary or permanent loss of aquatic habitats should be designed to avoid indirect, negative impacts to aquatic habitats beyond the planned project area. 2. Dredging/filling in the marine environment should be scheduled to avoid coral spawning and recruitment periods, and sea turtle nesting and hatching periods. Because these periods are variable throughout the Pacific islands, we recommend contacting the relevant local, state, or federal fish and wildlife resource agency for site specific guidance. 3. Turbidity and siltation from project-related work should be minimized and contained within the project area by silt containment devices and curtailing work during flooding or adverse tidal and weather conditions. BMPs should be maintained for the life of the construction period until turbidity and siltation within the project area is stabilized. All project construction-related debris and sediment containment devices should be removed and disposed of at an approved site. 4. All project construction-related materials and equipment(dredges, vessels, backhoes, silt curtains, etc.) to be placed in an aquatic environment should be inspected for pollutants including, but not limited to; marine fouling organisms, grease, oil. etc., and cleaned to remove pollutants prior to use. Project related activities should not result in any debris disposal. non- native species introductions, or attraction of non-native pests to the affected or adjacent aquatic or terrestrial habitats. Implementing both a litter-control plan and a Hazard Analysis and Critical Control Point plan (HACCP—see http://www.hacep-nrm.ore;/Wizard/default.asp) can help to prevent attraction and introduction of non-native species. 5. Project construction-related materials (fill. revetment rock, pipe, etc.)should not be stockpiled in, or in close proximity to aquatic habitats and should be protected from erosion (e.g., with filter fabric. etc.), to prevent materials from being carried into waters by wind, rain, or high surf. 6. Fueling of project-related vehicles and equipment should take place away from the aquatic environment and a contingency plan to control petroleum products accidentally spilled during the project should be developed. The plan should be retained on site with the person responsible for compliance with the plan. Absorbent pads and containment booms should be stored on-site to facilitate the clean-up of accidental petroleum releases. Mr. \lichael Yee 10 7. All deliberately exposed soil or under-laver materials used in the project near loafer should he protected from erosion and stabiliied as soon as possible ‘.ti ith geolextilc. Filter lahric or natio e or non-in‘ask e egetation matting. hydro-seeding.;, etc. g. tF 41 i DAVID Y.IGE y Fcd"; BRUCE S.ANDERSON PhD. JER'i;41 r =r.AWA;ii DIHF 'CF OF,,EA_T.' 1 , 1- 4 1 STATE OF HAWAII DEPARTMENT OF HEALTH P.O.BOX 916 HILO,HAWAII 96721-0916 1 MEMORANDUM DATE: June 19, 2020 TO: Mr. Michael Yee Plannin Director, County of Hawaii l 4.,i t FROM: E is Hondas District Environmental Health Program Chief SUBJECT: Special Permit Application (SPP-20-000216)1 Applicant: Fairview Avenue Hawaii LLC i Request:To Allow the Establishment of a 40-Unit Lodge with Associated Improvements TMK: 7-9-001: portion of 002 The applicant would need to meet the requirements of our Department of Health Air Pollution J 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. 1 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 I by the Department of Health and shall be in compliance with the Hawaii Administrative Rules,1 Title 11, Chapter 20. Recommend the subdivision lots be connected to an existing public water system. ItConcernsonwaterqualityforlead, 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 I requirements prior to their establishment, per HAR 11-20-29.5, titled "Capacity Demonstration I' and Evaluation." This requirement involves demonstration that the system will have satisfactory Planning Dept. Exhibit ll 133888 l;k Michael Yee 4 June 19, 2020) Page 2 of 6 1 t 4 technical, managerial and financial capacity to enable the system to comply with ,alt drinkin,, i water standards and requirements. 1 Projects that propose development of fCW sources of potable water ser ing or proposed to serve a public water system must comply with the terms of HAR 11-20-29. This section requires thattallnewpublicwatersystemsourcesbeapprovedbytheDirectorofHealth (Director)prior to its use. Such approval is based primarily upon the submission of a satisfactory engineering reportwhichaddressestherequirementsspecifiedinHAR11-20-29. 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 forcontamination, including treatment of the water source. In addition, water quality analyses for R 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 he required by the r Director for this submittal or additional tests required upon his or her review of the informationisubmitted. gt 1 All sources of public water system sources must undergo a source water assessment which willdelineateasourcewaterprotectionarea. This process is preliminary to the creation of a source j water protection plan for that source and activities which will take place to protect the source ofsdrinkingwater. 1 4wProjectsproposingtodevelopnewpublicwatersystemsorproposingsubstantialmodifications I to existing public water systems must receive construction plans approval by the Director prior to 1sconstructionoftheproposedsystemormodificationinaccordancewithHAR11-20-30, titledSNewandModifiedPublicWaterSystems". These projects include treatment, storage and 1idistributionsystemsofpublicwatersystems. The approval authority for projects owned and t I operated by a County Board or Department of Water or Water Supply has been delegated tothem. I iAllpublicwatersystemsmustbeoperatedbycertifieddistributionsystemandwatertreatmentplantoperatorsasdefinedbyHAR11-25 titled, "Rules Pertaining to Certification of PublicWaterSystemOperators". 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 1` 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 signstopreventtheinadvertentconsumptiononnon-potable water. Compliance with HAR Chapter11-21, titled Cross-Connection and Backflow Control is also required. i All projects which propose the establishment of atentiallpo y contaminating activity (asidentifiedintheHawaiiSourceWaterAssessmentPlan) within the source water protection areao i i I Michael Yee June 19. 2020 33 Page 3 of 6 1 of an existing source of water for a public water supply should address this potential and activities that will he implemented to present 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.I. I 1 The Department of Health (DOH),Clean Water Branch (CWB), acknowledges receipt of the1subjectdocumentonMay1, 2020. The CWB has reviewed the limited information contained in the subject document and offers the following comments: Permit Issuance i J Any project and its potential impacts to State waters must meet the State's: i I) Antidegradation policy, which requires that the existing uses and the levelFeq s of water quality necessary to protect the existing uses of the receiving 1Statewaterbemaintainedandprotected; 1 2) Designated uses, as determined by the classification of the receiving State t waters; and 3) Water quality criteria [Hawaii Administrative Rules (HAR), Chapter 11-54], tASection401WaterqualityCertification (WQC) is required if your t 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 t defined in Clean Water Act, Subsections 502(16), 502(12), and 502(6).tExamplesof"discharge" include, but are not limited to, allowing the I, 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 i' federal agencies (e.g. Department of the Army (DA), U.S. Army Corps of tEngineers (COE), Pacific Ocean Division Honolulu District Office (POH)Tel: 1808-835-4303; U.S. Environmental Protection Agency Tel: 415-947-8021;t Federal Energy Regulatory Commission Tel: 866-208-3372; U.S. Coast Guard t Office of Bridge Programs Tel: 202-372-1511). t. i, lTorequestaSection401WQC, you must complete and submit the Section 401 WQC application. This application is available on the e-Permitting Portal websitelocatedat: https://eh z-cloud.tioh.hau,tii,ttik/epermit/. I t i i 4 Michael Yee June 19, 2021) Page 4 of 6 i Please see LIAR. chapter 11-54 for the State' Water Quality Standard, and for more information on the Section 41)1 WQC. 1-IAR, Chapter 11-54 is available on the C'WR ‘‘et-kite at: National Pollutant Discharge Elimination System (NPDES) permit coverage is required for: Storm water associated with construction activities for land disturbances of 1 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. t Storm water associated with industrial activities for facilities with Standard Industrial Classification Codes regulated in 40 CFR 122.26(b)(14)(i) through z ix) and(xi). l Storm water and certain non-storm water from a small Municipal Separate I t Storm Sewer System. l 1 5-Discharges of water pollutants into State surface waters. Examples of these discharges include, but are not limited to, cooling water, hydrotesting waters, t dewatering effluent, and process wastewater.3 i Discharges from the application of pesticides (including pesticides, E herbicides, fungicides, rodenticides, and various other substances to control pest) to State waters. i An application for an NPDES individual permit must be submitted at least 180 1 calendar days before the commencement of the discharge or start of construction activities. To request and NPDES individual permit, you must complete and 1 submit the NPDES individual permit application. This application is available on the e-Permitting Portal website located at: 1111p- ",elf 1 cloud doh.h tvaii.ttotielperiniil. f 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 NOI is available on the e-Permitting Portal website located at: http, %'e11 1 el1)C(d doh.h 1vs Citi 'L'0atepL.i;tut/. i Please see HAR, Chapter 11-55 for more information on the NPDES individual t' permit and NPDES general permits. The specific NPDES general permits ii located in HAR, Chapter 11-55, Appendices B through M. HAR, Chapter 11-55 t and HAR, Chapter 11-55, Appendices B through M are available on the CWB website at: http://heali h.ham,ali.2oNA.:ANhi. t r According to State law, all discharges related to the project construction or operation activities, whether or not NPDES permit coverage and/or Section 401 i J Michael Yee 1 June 19. 202() k Page 5of6i 11 ii WQC are required. must comply with the State's Water Quality Standards.i Monitoring; I Effluent discharge and/or receiving water monitoring may he required as conditions of Section 401 Water Quality Certifications and NPDES General and Individual permits. Enforcement I I Noncompliance with water quality requirements contained in HAR, Chapter 11-54 1 and/or permitting requirements specified in HAR, Chapter 11-55 may be subject 1 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. i Polluted Runoff Control i Manage projects identified in watershed-based plans that reduce polluted runoff and educate the public about nonpoint source pollution. Projects are selectedt 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: tt Wt ,"-. ha _'t I °',1 italcdI`tttio tc, litt,,I. f 1 1ConstructionactivitiesmustcomplywiththeprovisionsofHawaiiAdministrativeRules, 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. 1t 2. Construction equipment and on-site vehicles requiring an exhaust of gas or air 1 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. 1_ 1 Should there be any questions on this matter, please contact the Department of Health at 933- I t'0917. We recommend that you review all of the Standard Comments on our website: ht 'hays,iii.12,n' /healthienv irnninentalien'. p1 iiinw;,larklu,e/l,tnk_iti,. htnmf. Any comments specifically applicable to this project should be adhered to. 1 Michael Yee June 19, ?(}20 Payee 6 of 6 The same wehsite also features a Healthy Community Design Smart Growth Checklist Checklist) created by Built Environment o rkin Grout? (BL:V1 Ci) of the Iiawaui State. Department of I The I3EWG recommends that state and count} planning departments, developers, planners, engineers and other interested parties apply the healthy hulk environment principles in the Checklist whenever they plan or review new developments or redevelopments projects. We also ask you to share this list with others to increase community awareness on healthy community design. 1 It k 3 1t xx g{' 5 6 DANIEL ORODENKER DAVID Y.IGE FaecuLGe Officer BERT K.SARUWATARI I I JOSH GREEN h- t r = ' SCOTT A.K. DtRRIC:KSON.AICD I MICHAEL McCARTNEYI LAND USE COMMISSION FRED A.TALON I, .i't.r= ,,'Hi 1s1,J UF;nartrnent of fiusiness t conorn . )evtiHv1iurit S,Zcutiurr State of I I_F..<3i i RIt.FY K. HAKODA C'i:ef Ctern E July 6, 2015 1 CM PLANNING DEPT t` t_ 1+0 2020 P 2:17 1 Nancy Carr Smith, Chair RECD BY MAIL 1 Hawai'i County Leeward Planning Commission 1 101 Pauahi Street, Suite 3 Milo, Hawaii 96720 1 t i 1 Subject: Special Permit Application SPP 20-000216 Fairview Avenue Hawaii LI_,(: Establish 40-room Lodge Holc>.kano,North Kona, Hawaii TMK No. (3) 7-9-001:002 (portion) 1 t L- Dear Ms. Smith: t We have reviewed the Special Permit application received on June 29, 2020. We have the following comments to provide: Ihe application is for the establishment of a proposed 40-room lodge operation at HOkOkano, North Kona on approximately 14.9-acre portion of an approximately 294-acre parcel. t Ilawai`i Revised Statutes (1-IRS) §205-6, provides counties to permit certain unusual and reasonable uses within the State Agricultural District when they promote the effectiveness and objectives of HRS Chapter 205. Hawaii Administrative Rules (HAR) §15-15-95(c), provides guidelines that were established to determine whether a proposed use is an unusual and reasonable use within the State i' Agricultural District for the purposes of granting a State Special Permit. The applicant has provided only limited information by which to base a decision on and the County should request additional information relevant to the guidelines. t It In determining how the County handles the subject application, we would point to four relevant sections t` in HRS §§205-2(d)(11) and (12)and 205-4.5(a)(13)and (14), HRS, which relate to permissible uses in t the State Agricultural District and those characterized as agricultural tourism uses. I HRS §§205-2(d)(11)and 205-4.5(a)(13) read as follows: 1 3 4 4 1 4 It Agricultural tourism conducted on a working farm, or a farming operation as defined in section t. It 165-2, for the enjoyment, education, or involvement of visitors; provided that the agricultural tourism activity is accessory and secondary to the principal agricultural use and dos not fPlanningDept. 235 SOUrx BER.ETANIA STREET • SUITE 406 • HONOI-ULU,HAW.Ar'r 96813*TEL(808)587-3822•Fax(808)587-3827* EMM:.:luc@dbedexh.954 l a- Mailing Address: P.O.Box 2359,Honolulu, Hawaii 96804 LLJR tt''IIff.J/ - f i i t 1 r Ulm-tele v1 ith surrotn dim! farm operations: and prov ided further that this partigrapil ,hall apple mil\ to a countv that has adopted ordinances reltulatii m a,,uricultural tourism under section 2t)5- i IIItheCountyairc:Id IKr, 1lrchnallccs in place reenlatitl!'_ :Ifficultural tours—an itse in the Stat' 1,,riei ltural I)istriet, then the proposed agricultural toteism u,c•s nniOtt appear to be perniissihlc without a State Special Permit. However, the overnight accomodations proposed would he governed by I IRS 1205-2(d)(12) and 205-4.5(a)14) which read as follows: Agricultural tourism activities, including overnight accomodations of twenty-one days or less, for any one stay within a county; provided that this paragraph shall apply only to a county that includes at least three islands and has adopted ordinances regulating agricultural tourism t activities pursuant to section 205-5; provided further that the agricultural tourism activites 1 coexist with a bona fide agricultural activity. For the purposes of this paragraph, "bona fide agricultural activity" means a farming operation as defined in section 165-2." t These statutory sections allow for short-term agricultural tourism overnight accomodations only for the 1,iCounty of Maui, when the other pre-conditions exist. For the other counties, bed and breakfast i operations, lodges, and transient vacation rentals in properties within the State Agricultural District would be considered overnight accomodations. It should therefore be noted that while "agricultural tourism" may be generally allowed on a property if there is an ordinance in place; overnight 1 accomodations are not allowed even though they may be proposed in conjunction with "agricultural t tourism." I Ilse of the State Special Permit process to allow such overnight accomodations must be rigorous enough to provide the factual basis to show that such uses are "unsual and reasonable" and "promote the l effectiveness and objectives" of HRS Chapter 205. We have observed that the practice of seeking and receiving a State Special Permit for overnight accomodations in the State Agricultural District has become a common occurrence and the information supporting these applications is often minimal or consists of boilerplate language (based on previous successful applications). Continued use of the State Special Permit process to allow overnight accomodations in the State Agricultural District, outside of Maui County: does not apper to promote the effectiveness and objectives of IIRS Chapter 205; is no longer an unusual request; and, might only be considered reasonable in extremely limited situations. t t Additional issues that should be considered and addressed, should the County decide to move this 1.application forward: kt- 1. The 14.9-acre project would appear to be conveniently sized in order to avoid the State Special Permit review by the State Land Use Commission. As the project is only a small portion of the overall parcel; the County should assess and verify that the project's purported direct and indirect uses on the parcel are in fact limited to just that acreage. 2. A lodge offering overnight accomodations appears more consistent with a resort use and would be more consistent with a use within the State Urban District. A land use district boundary l amendment might be most appropriate for such a use. 3. Does the project trigger HRS Chapter 343 review? Even if there are not triggers for such review; f the County should require enough documentation from the applicant in order to effectively r' address potential impacts and necessary mitigation measures for public trust resources. I i, i Hawaii County SPP 20-000216 Fairview Avenue HI LLC page 2 I hank 9 w Sr theggm#lnt\n c mm2m m, tile K 6/d ƒƒlice0n Should Gm %netin R g mg3nK 6>U /d Ircc to contact Ilk' orSc m \.K. |p22k9n. \R y n[ouroHyc 3 .iS7 nCE2K. 3 Daiel \md\ker Executive Officer Cc: Mary Alice Evans, State Office of Planning Michael Yee, Hawai'i County Planning Co6vunty SPP 20-000216 Fairviewaa,»fI7LLC page 3 Ill DAVID Y.IGE o BRUCE S.ANDERSON PhD. n.1 f\OR OF HAWS og s y NI, C PFCTOR Or HEAL TH I 3If 114:::—. 11 ti STATE OF HAWAII DEPARTMENT OF HEALTH P.O.BOX 916 HILO,HAWAII 96721-0916 1 MEMORANDUM i 1 1 t i DATE: July 9, 2020 i' F TO: Mr. Michael Yee IPlanningDirector, County of Hawaii 1 FROM: Eric Honda.At,L, District Environmental Health Program Chief 1 SUBJECT: Special Permit Application (SPP-20-000216) Applicant: Fairview Avenue Hawaii LLC Request:To Allow the Establishment of a 40-Unit Lodge with Associated t Improvements 1 TMK: 7-9-001: portion of 002 Y 1 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. Wastewater Branch is unable to make comments to the proposed project at this time. Before we can offer any comments, the applicants engineer should contact the Wastewater Branch in Oahu with detailed flow calculations and description of the project operations. t zttt 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 P 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. Planning Dept. Concerns on water quality for lead, copper, algae and microbiological and chemical contaminations in private water systems have identified the need for self monitoring. T5eXhibit 13 1i t, 1 134397 i k Michael Yee tJuly9. 2020 Page 2 of 6 f tDepartmentofIledthdoesnotsupporttheuseoftheseprivateraincatchmentsystemsfordrinkingpurposessincethequalitymaynotmeetpotablewaterstandards. t All new public water systems are required to demonstrate and meet minimum capacity 1requirementspriortotheirestablishment, per HAR I 1-20-29.5, titled `Capacity DemonstrationandEvaluation." This requirement involves demonstration that the system will have satisfactorytechnical, managerial and financial capacity to enable the system to comply with safe drinking t water standards and requirements. I Projects that propose development of new sources of potable water serving or proposed to serve it 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 11-20-29.1 t 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 LaboratoriesDivisionoftheStateofHawaii, must be submitted as part of the report to demonstrate l compliance with all drinking water standards. Additional parameters may be required by theDirectorforthissubmittaloradditionaltestsrequireduponhisorherreviewoftheinformation submitted. t i 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 tt water protection plan for that source and activities which will take place to protect the source of drinking water.ittkg Projects proposing to develop new public water systems or proposing substantial modifications 5 to existing public water systems must receive construction plans approval by the Director prior to i 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 t them.k 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 PublicWaterSystemOperators". itt 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 t prevent the possibility of backflow of water from the non-potable system to thepy potable system. The two(2) systems must be clearly labeled and physically separated by air gaps or reduced t; 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 r I t 1 Michael Yee July 9, 2020 Page 3of6 to prevent the inadvertent consumption on non-potable water. Compliance with HAR Chapter I I-2I. titled Cross-Connection and Backflow Control i, also required. I I All projects which propose the establishment of a potentially contaminating* activity (as identified in the Hawaii 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 t activities that will be implemented to prevent or reduce the potential for contamination of the drinking water source. g 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. R k i The Department of Health (DOH), Clean Water Branch (CWB), acknowledges receipt of the subject document on May 1, 2020. The CWB has reviewed the limited information contained in the subject document and offers the following comments: 1 1 Permit Issuance j frT l Any project and its potential impacts to State waters must meet the State's: I) Antidegradation policy, which requires that the existing uses and the level of water quality necessary to protect the existing uses of the receiving 1i State water be maintained and protected; 2) Designated uses, as determined by the classification of the receiving State waters; and t: 3) Water quality criteria [Hawaii Administrative Rules (HAR), Chapter 11-541,1 j A Section 401 Water quality Certification (WQC) is required if your g. project/activity: Requires a federal permit, license, certificate, approval, registration, or i Statutory exemption; and t May result in a discharge into State waters. The term "discharge" is tt defined in Clean Water Act, Subsections 502(16), 502(12), and 502(6). Examples of"discharge" include, but are not limited to, allowing the i 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. t Determine if your project/activity requires a federal permit, license,certificate, t 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). t1; I a Michael Yee July 9. 2020 ry Page 4 of 6 1 To request a Section 401 WQC, °on must complete and submit the Section 401 WQC application. This application k available on the e-Permitting Portal websitelocatedat: l 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: htip_IflhoalIkt 11,m;tl3 ,.2. 7,,a:\,cbf. t. National Pollutant Discharge Elimination System (NPDES) permit coverage is required for: 1 Storm water associated with construction activities for land disturbances of 1one (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. I 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).l t Storm water and certain non-storm water from a small Municipal Separate 1StormSewerSystem. t 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. 1- 1 Discharges from the application of pesticides (including pesticides, herbicides, fungicides, rodenticides, and various other substances to control pest) to State waters.1 rAnapplicationforanNPDESindividualpermitmustbesubmittedatleast1801. 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:tIntl , .dha tlotidl,dh1h.h tu.tiiw` trvlc cnitill. 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 11 coverage, you must complete and submit the NOI. The NOI is available on the e-Permitting Portal website located at: 1 http, //;rh a-cloud doh.ha/NaiiAIttvlcpelrnitt`. Please see HAR, Chapter 11-55 for more information on the NPDES individual 1` permit and NPDES general permits. The specific NPDES general permits located in HAR, Chapter 11-55, Appendices B through M. HAR, Chapter 11-55P 1 Michael Yee July 9, 2020 Page 5 of 6 and ItAR, Chapter 11-55, Appendices 13 through M arc available on the CWB website at: 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 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: v‘ ail !x'' /dull/pt)lltli4.'t I. 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. Michael Yee July 9. 220 Page 6 o[6 We recommend that you review 2| o[the Standard Comments on our wchsie: Any comments specifically applicable to this project sGmghe adhered to. The same website also features a Healthy Community Design Smart Growth Checklist Checklist) cre&e 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 otherimerinterested parties apply the healthy built environment principles in the Ccklist wver they gang review new developments or edv&Opments projects. We also ask u to share this list with others to increase community awareness on healthy community design. t."t? 1. . ( . tl Mori, Ashley From: Jackson, Maija Sent: Thursday, August 06, 2020 9:19 AM To: Planning Internet Mail Subject: FW: DOH Memo dated 7/9/20 foi SPP 20 000216 Please intake for SPP 20-000216. From: Pruder, Sina L<sina.pruder@doh.hawaii.gov> Sent:Thursday, August 06,2020 9:11 AM To:Jackson, Maija <Maija.Jackson@hawaiicounty.gov> Cc: Darrow,Jeff<Jeff.Darrow@hawaiicounty.gov>; Honda, Myron <Myron.Honda@doh.hawaii.gov>;Tomomitsu, Mark S mark.tomomitsu@doh.hawaii.gov>; Hiromasa, Dane K<dane.hiromasa@doh.hawaii.gov> Subject: RE: DOH Memo dated 7/9/20 for SPP 20-000216 Hi Maija, Here are our comments regarding the project: No more than 2 structures will be allowed to connect to one IWS. Will need to install 20 IWSs to serve the 40 units. A wastewater treatment plant will be required for the Lodge Center since the flows are > 1,000 gpd Should you have questions, please contact Mark Tomomitsu,he is the supervisor of our Planning and Design Section and is provided as a cc to this email. Thanks, Sina From:Jackson, Maija <Maija.Jackson@hawaiicounty.gov> Sent:Thursday,August 6, 2020 9:03 AM To: Pruder, Sina L<sina.pruder@doh.hawaii.gov> Cc: Darrow,Jeff<Jeff.Darrow@hawaiicounty.gov>; Honda, Myron <Myron.Honda@doh.hawaii.gov>;Tomomitsu, Mark S mark.tomomitsu@doh.hawaii.gov>; Hiromasa, Dane K<dane.hiromasa@doh.hawaii.gov> Subject: [EXTERNAL) RE: DOH Memo dated 7/9/20 for SPP 20-000216 is Aloha Sina- j--. I am just checking in to see if DOH has a response yet on the proposed multiple IWS system for this project. I look forward to hearing from you soon. Maija Planning Dept. Exhibit 14 1 13507 Mori, Ashley From: slavishe@gmail corn Sent: Tuesday, June 09, 2020 8:40 PM To: Planning Internet Mail Subject: SPP 20 000216 Opportunity for Public Comment Special Permit SPP 20-000216, TMK: (3) 7-9-001:002 To the County of Hawai'i, Planning Department, Leeward Special Permit Review Commission, and to whom it may concern: Name:Edward M. Slavish Date:6/9/2020 Contact phone number(*optional):(808) 371-1963 Concerns: (Please indicate your concerns and explain below) Safety Traffic Security Development X Environment/Pollution X Infrastructure X Commercial interests in residential area Change in Environment Other: yCy RE: Special Permit SSP 20-000216, TMK: (3) 7-9-001:002 Comments: I. I want to express my concern & displeasure over the proposed 40 unit commercial hotel planned for the subject property. The citizens of the State and this County have given up much of their coastline to hotels 1` and commercial activities. I object to efforts to infringe on agricultural land and by rezoning it at the expense of this community. Planning Dept. Exhibit C 1 133581 2. I am unaware of the Development's plans to acquire water to meet the needs of the development hut currentltiit is trucked in. More important, is the waste water issue. A dO unit hotel plus employees. vendors, etc. will require a commercial grade tacility for the safe disposal of waste water generated by the complex. the planned project will require recreational activities on site as it is several miles from existing tourist activities. This will create environmental pollution in the form of night lighting and noise in an area where sound carries to surrounding properties. Another concern associated with the addition of pollution associated with artificial light at night is its impact on native bird species who may be night hunters. 3. The current infrastructure is fine for the agriculture use occurring on the upper portions of the property. It is non-existent for commercial ventures. The I lane blacktop roadway is not adequate for and will not survive the traffic generated by heavy construction equipment, suppliers, vendors, employees and the tourist occupants of the facility. As stated above, there is no water supply beyond tanker trucks and there is no sewer service provided by the county. There is limited or spotty cellular service of the quality that will be required by a resort location. The proposed facility's distance from the main road thatinvolves a series of security gates in place for the protection of property owners and agricultural activities makes the issue of emergency medical services spotty, at best, for guests of the lodge. This mountain side should be preserved for agricultural and ranch use as well as for re-creation of the native Hawaiian forest habitat for the long term health and vitality of Hawaii Island's environment and ecosystem. Sent from my iPhone 2 Please send me a confirmation that this has been received 1 g8g li et fl jS 3 I Mori, Ashley I From: Kaimana Souza <kaimana@kanileaukulele.com> Sent: Tuesday, June 09, 2020 10:37 AM To: Planning Internet Mail Subject: Special Permit Application number SPP 20-000216 TMK: (3) 7-9-001:002 Attachments: PUBLIC COMMENT - Kaimana Souza Contesting permit.docx t Aloha, r` Please find attached my public comment in reference to i. Special Permit Application number: SPP 20-000216 ii. TMK: (3) 7-9-001:002 Please may I get a confirmation receipt that my comment has been received and reviewed in this matter. Mahalo, I Kaimana Souza 808-429-5512 Planning Dep.. Exhibit IL 133568 Opportunity for Public Comment Special Permit SPP 20-000216, TM K: (3) 7-9-001:002 To the County of I lawai i. Planning Department, I.eeward Special Permit Review Commission. and to whore it may concern: fi Name: Kaimana Souza Date: June 6, 2020 Contact phone number(*optional): (808) 429-5512 Concerns: (Please indicate your concerns and explain below) Safety x_ Traffic_X Security_XDevelopment XEnvironment/Pollution_X Infrastructure X_ Commercial interests in residential areaX Change in Environment X Other: Aloha, I firmly object to any developments in the area. Mymain concern would be safety,traffic andY, security. There have already been numerous instances in which unwanted persons have disobeyed the rules of the road and put me and my 'ohana in danger. These visitors were clearly seen coming from the current development "Domes" bed and breakfast tourist attraction. Their visitors are putting others at risk on the one lane road. We have clear ranch rules for specific safety reasons. The visitors to their current bed and breakfast development have also been seen trespassing and endangering livestock which roam freely on the road. I do not want anymore people trespassing or endangering me and my family. Secondly,there are many other viable locations this 40 unit building can de done. It is extremely disrespectful to rezone ARGICULTURAL land as commercial. This are no water lines, plumbing or sewage which will cause extremely unsanitary conditions. 40 units will create so much waste and t-; health hazards for neighbors and current residents. Trash will become an issue as they will need to haul large amounts of waste daily. Water will need to be hauled in utilizing large water trucks.This will heavily add to road traffic and compromise the integrity of the roadway. RE: Special Permit SPP 20-000216,TMK: (3)7-9-001:002 i Comments continued Kristen Souza Opportunity fir Public Comment Special Permit SPP 20-000216_ I MK: () 7-9-(H)1:0U2 As a young person getting into farming. which is a dying profession, allowing development %will further set this industry back. Looking at current economic conditions, Hawai'il is heavily reliant on tourism. If we don't increase our exporting or local growth of products, one more global pandemic could cripple our economy beyond the point of repair. KEEP AG LAND AG LAND! Mahalo Nui, Kaimana Souza 1. di 3 Mori, Ashley From: Kahiau Souza <kahiausouza©gmail corn> Sent: Tuesday, June 09, 2020 8:52 AM To: Planning Internet Mail Subject: Sharing My Opinion About the 40 Unit Building Being Built Near My Families Property.Attachments: PUBLIC COMMENT - Kahiau Souza - Contesting permit.docx Aloha, My name is Kahiau, and I would love to share my opinion about the 40 unit building that would possibly bebuiltinmy "neighborhood". Mahalo for taking to time to listen to what I have to say. It means a lot to me. If you wouldn't mind; could you e-mail me back to let me know that you received this email? Mahalo Nui! Kahiau Souza gg it jf7-: Planning Dept. Exhibit t7 1 133566 I i Y 1 i i Opportunity for Public Comment Special Permit SPP 20-000216,11 FMK: (3) 7-9-001 :002 1 I o the County of 11i ai.I. Planning Department. LeeWt and Special Permit 1(e‘iew Commission, 1 and to whom it may concern: 1 Name: Kahiau Souza 1 Date: June 8, 2020 g E 5 Contact phone number(*optional): (808) 429-2533tt Concerns: (Please indicate your concerns and explain below) I Safetyx Traffic_X Security_X` Development_X Environment/Pollution_X_ Infrastructure X_ Commercial interests in residential area X Change in Environment X it y Other: i Aloha, 1 1 GIamhonoredtosharemyopinionabouttheproposed40unitsthatplantobebuiltalongtheroad heading up to my families properties. As of right now there are many of us who have either grown up or embraced the Hawaiian culture.3 t:! Ola Ka 'Aima, Ola Ke Kanaka. When the land live the people live. My family and I are not the only ipeopleinourareawholivebythis. We have a 501 c(3)company, Saving Hawa'i's Forests,where t i t our mission is to restore the native Hawaiian forests. We have planted close to 19,000 trees since i 1 we started in 2017. K.Now, this leads into understanding the culture that has been created in this area;and having a 40 unit building in an area designated as agriculture land will negatively affect this culture. fr P- i..i. The large amounts of people coming in and out would not only cause a traffic issue on a one lane l road, but also a safety and security issue. Due to hunting being done in these areas and large properties for potential trespassing. t I RE: Special Permit SPP 20-000216,TMK: (3)7-9-001:002 i K I Comments continued Kristen Scuica 1)1portunit) tiar Public Continent Special I'cmiit SNI' 20-00(1216. TAK: (3) 7-9-001:002 If this 40 units were to be approved not just my family will feel the negative impacts from this, it would be a detrimental change to our neighbors as well. Now there is so much land in Kona area, I am positive there are many other locations that would be a better place for this building. A place that would not make the lives of the people and habitat around it worse. Mahalo Nui, Kahiau Souza t RE: Special Permit SPP 20-000216,TMK: (3)7-9-001:002 Mori, Ashley From: Kristen Souza <reforest@reforesthawaii.org> Sent: Tuesday, June 09, 2020 8:35 AM To: Planning Internet Mail Subject: Comments regarding proposed permit application Attachments: PUBLIC COMMENT Kristen Souza Contesting permit.docx; Joe and Kristen Historical Preservation Award 2019.jpg; Reforest Hawaii HHF Award 2019 - post awards.pdf Aloha, This is Kristen Souza. Hope you are well. Please see attached comments and Award certificate,Joe and Kristen Souza along with Reforest Hawaii. This is regarding: i. Special Permit Application number: SPP 20-000216 ii. TMK: (3) 7-9-001:002 Please confirm receipt of this message. Please let me know if you have any questions. Thank you very much.Take care F and looking forward to your reply. z` Have you heard our newly released CD? Be sure you download your copy of'Ola Ka 'Aina,award nominated cd.All proceeds benefit t% the non profit Saving Hawai'i's Forests. httpJ/reforesthawaiii.o/product/ola ka aina cd Mahalo Nui Loa Kristen Souza Executive Director Reforest 11at'ai'1 Saving Hawaii's Forests Non Profit 501(c)(3) Website: ReforestHuwai`i Phone: 6106-429-6469 Ola ka 'Aina, ola ke Kanaka. When the Land lives, the People live. Planning Dept. Exhibit l S 1 133565 Opportunity for Public Comment Special Permit SPP 20-000216, FMK: (3) 7-9-001:002 10 the County ai'i, Planning Department, Leeward Special Permit Review Commission. and to whom it may concern: Name: Kristen Lee Souza 1 Date: June 5, 2020 Contact phone number(*optional): (808) 429-6469 Concerns: (Please indicate your concerns and explain below) Safety x_ Traffic X_ Security_X_ Development _X Environment/Pollution X Infrastructure X_ Commercial interests in residential area_X_ Change in EnvironmentX Other: Aloha, Thank you for the opportunity to share our concerns as neighbors living in the community. First, we are extremely concerned about the new infrastructure being proposed. This increase iz would cause great harm to the environment with increased road use (oil,gas, carbon dioxide).As car emissions are the number one factor of air pollution and greenhouse gases. The road infrastructure is not intended for massive amounts of vehicles on a daily basis. It is a basic one lane road with many pot holes as it is. The proposed (40 units) will create massive amounts of visitors which will quickly cause severe damage to the"one road" which is intended for the residents of the area. We are very focused on preservation and reforestation of the native forests on our two 4' properties. We have planted over 18,500 trees to support the environment and limit the climate change occurring at an alarming rate. We are also focused on the removal of invasive species. Tourism will not benefit our work efforts as their footwear and vehicles would be a prime host to introducing invasives.The reason we purchased our properties is because it is secluded and secure. Please see attached Award/Recognition of Restoration of the native Hawaiian Forest in this area. RE: Special Permit SPP 20-000216,TMK: (3)7-9-001:002 Comments continued Kristen Souza Opportunity for Public Comment Special Pcrniit SPP ?t)-0U0216. l MK: (3) 7-9-U0 I:002 Secondly, the properties are vast and security would be an enormous issue as they would not be able to supervise their visitors.The potential 160+guests would have run of a private community. There are no street lights as this is being preserved as Ag Land. This area is already extremely frightening at night as a women by herself. We have security now with cameras at the entrance but the security 1wouldbecompromisedwiththevastamountsofvisitors. (The camera'security system would need to installed all over the ranch which is extremely expensive) Based on 40 units if each unit had 4 people that means at any given time there could potentially be 160 people wandering on our properties. I am 100% against the approval of this plan. Thirdly, this area is ranch land and is not intended on being a commercial development.t Agriculture is a dyeing profession, we need to cultivate it, not suppress it with a 40 unit play zone. As our state of Hawai'i needs to be more focused on exportation and not rely solely on tourism for the health of our community and state. We need to maintain the integrity of Ag Land! With the increase in sewage, waste, number of employees traveling on the one lane road, light pollution and other negative affects with this number of people on property. I am completely opposed to this change in land classification. There are appropriate areas in Kona for commercialization, tourism and visitors. This is agricultural land and should remain as such. Finally, I do not see any reason this proposed plan should be approved by the county of Hawai'i, State of Hawaii or any entity governing the lands. There is a place for this type of tourist attraction down town. Our home community with a focus on agriculture needs to be protected for the animals and crops. Should the county approved the 40 unit structure it will be devastating to is our community, lands and environment. Mahalo Nui, Kristen Souza. ED, ooo0E“) 00oo0EEDoo ® Q © oo © ® ® ® ® ® 00000 (0v ED 0 ED 0 0 0 0 0 C)o ED 6A o a o 0 1' 1 tN,) o o o a 0 o lit 0 C) p 0 o eD o sz's 0 C C 0 gif,i, p..) cD cr r>4 0 r O O .........rt)* F7 0 0 Z 0 ooCl) 0 0 7. C 0 0 O 0 1111 0 a f- 7 0 0 R 0C 0 0r: 0 O 0 0 0 0 0 0 0 0000000 0040oao4S4400o0000000000000000 iiOREST 1105L, Reforest Hawaii PRESS RELEASE For interviews and information, please contact: Kristen Souza, Executive Director FOR IMMEDIATE RELEASE 47-079 Kamehameha Hwy. Kaneohe, HI 96744Friday, November 01, 2019 Phone: 808.234.2870 Email:reforest@reforesthawaii.org REFOREST HAWAII RECOGNIZED BY THE HISTORIC HAWAII FOUNDATION KANEOHE, HAWAII—Reforest Hawaii and its property in the Kealakekua district of Hawaii Island"Nasi'Ekolu"was presented with the Preservation Programmatic Award by the Historic Hawai'i Foundation. The organization's 2019 Preservation Honor Awards Ceremony took place on Friday, May 31, 2019 at the YWCA Laniakea's Fuller Hall in Downtown Honolulu. On site to accept the award were Reforest Hawaii founders Joe&Kristen Souza who are also the masterminds behind Kanile'a Ukulele,a Hawaii company dedicated to the creation of wood-class'ukuleles.They wanted to find a means to give back in a way that was both meaningful and in alignment with their values."Our most important material,the wood to build our koa masterpieces,comes from the 'aina...the land,"says master luthier Joe Souza,"so giving back to the 'aina just makes sense." In 2014,the Souzas acquired 96 acres of land in the Kealakekua district of Hawaii Island.Then in 2016,they made the commitment that for every Kanile'a built,a koa tree is planted. Since then, almost 18,000 trees and plants have successfully taken root on the slopes of Mauna Loa. These trees are protected, maintained and allowed to flourish without threat of clear cutting or invasive species. The Historic Hawaii Foundation also acknowledged the Souzas for their dedication to Hawaiian music and culture saying,"This award also recognizes(Reforest Hawai'i'sj efforts to connect'ukulele musicians and composers with the land,contributing to the perpetuation of Hawaiian music as a cultural tradition. We congratulate you on your exemplary preservation efforts."This comment refers to the Ola Ka `Aura CD project which is comprised of 13 original compositions gifted by award-winning artists for the purpose of restoring Hawaii's native forests. Ola Ka `Aina was nominated for two Na Hbku Hanohano awards in May of 2019. About Historic Hawaii Foundation: Historic Hawaii Foundation(HHF)is a statewide non-profit organization that encourages the preservation of historic buildings, sites, communities and objects relation to the history of Hawaii. Founded in 1974, HHF has become the driving force behind I j historic preservation throughout the state through its core programs of education, advocacy and assistance to help improve the quality of life in our communities. i About Reforest Hawaii: O1a ka Ainaola ke Kanaka."When the Land lives, the People live. Based on this 'olelo no'eau(wise saying), the mission of Reforest Hawaii is to plant endemic Hawaiian plants and trees that will I live out their lives in a native Hawaiian forest. The overall goal is to encourage others to help revive, replenish, restore, reconnect,i I and reaffirm people with the native Hawaiian forests by reforesting with endemic Hawaiian plants and trees.They offer individuals and groups the opportunity to sponsor endemic plants and trees that will never be cut or harvested. Each plant and tree will I I receive GPS coordinates that will allow the sponsor to locate their tree on Hawaii Island. I I I The Hawaiian Islands have lost about 90%of their endemic rain forests over the past 100 years. The Koa tree is a nitrogen rich species that provides nutrients for all other endemic under-story plants in the rain forest. The Koa is a keystone species that provides food and habitat for Hawaii's native insect and plant species.Endemic trees of Hawaii protect the watershed of theIf ecosystem and combat erosion of the forest floor. For more information or to sponsor a tree, please visit www.reforesthawaii.oro. t 1it About the Ola Ka`Aina CD Project: Never before heard music by Willie K., Kapena, Ben&Maila, Kenneth Makuakane, Keauhou and more can be found on this full- length album.All proceeds from album sales go to Saving Hawaii's Forests,a 501(c)(3)non-profit organization dedicated to 1 f planting endemic Hawaiian plants and trees that will live out their lives in a native Hawaiian forest. f t Ota Ka Vilna is available in hard copy with a full-color booklet including lyrics and translations.Copies may be obtained online at Itreforesthawaii.orq. t ##t t; tt. 4 r r r k I I t t. I< I E t 1 t t I f 1 i 1 1 Mori, Ashley From: MaiTai Blue <maitai808@me.com> Sent: Monday, June 15, 2020 9:59 AM To: Planning Internet Mail Subject: Public Comment Special Permit SPP 20-000216, TMK: (3) 7-9-001.002 Attachments: SPP 20 000216 Anonymous.pdf; ATT00001.htm t 1 1 Aloha, Please find the attached comment for my negative response. Public Comment Special Permit SPP 20-000216, TMK: (3) 7-9-001:002 I i i I i t t 1 t f i i 1 t I t 1 t t Planning Dept. Exhibit 1g 1 133589 i a 7 3 1 a 1E i t Opportunity for Public Comment Special Permit SPP 20-000216, TMK: (3) 7-9-001:002 I its the Counh of l law al'i. Planning Department. LceNard `special PermitlZe\ icw ( oitiink,Nion, i and to whom it may concern: 1 i 1Name: Anonymous Owner in Hokukano Ranch maitai808@me.comme.com 15 Date: June 10, 2020it t Concerns: (Please indicate your concerns and explain below) i X-Safety X-Traffic X-Security X-Development X-Environment/Pollution X-Infrastructure X-Commercial interests in residential area X-Change in Environment X-Iilegal/un- permitted Bed & Breakfast X-Multiple Dwellings Comments: The owners are already operating at least 7 airbnb's on the applicants property, which is causing t dangerous situations on the ONE LANE private ranch road, which was not designed for such heavy use. They advertise on airbnb, partial list attached. Zone Code Section 25-4-16.2 Prima facie evidence. f 1 The mainland and foreign guests do not generally understand that downhill traffic must pull off the road for uphill traffic. There are many hills where visibility is extremely limited. I personally have had 3 ALMOST HEAD ON COLLISIONS with people that I did not recognize. In many places it is not possible for uphill traffic to pull over to the right, if someone going downhill barrels through without pulling over. Had I not slammed on my brakes (I did not even have the is time to honk), or had my eyes wondered off the road for a second, it would have been 3 terrible c accidents, as the other drivers did not pull over when they were supposed to. It has become fr terrifying to drive on this road with just the airbnb guests. It will be extremely dangerous with guests of a 40 unit resort on a one lane road, which was never designed for more than a few ranch vehicles daily. is 1 iWehavehadmultipleairbnbguestsdrivemilespasttheiroperationtoourhouse, looking for the airbnb. They are driving off the ranch road and trespassing to get to our house. We do not appreciate having unknown people drive up to our house. E I have not found permits for any of their multiple buildings. domes, tent-houses, cement pads, Rbathroomfacilitiesorkitchenfacilities. so they already have the mindset that they are above the a law. What are they doing for bathroom wastes?This is a huge health concern. This disregard for the law, with mainland/foreign capital, appears to be only the beginning. t t, RE: Special Permit SPP 20-000216,TMK: (3)7-9-001:002 i is i i t S IAR (i \tINU I)U\1I S U\ PRI\A1 RUSK. IS I111: A1tit1(iF:R https:.-‘‘ \‘‘.airhnb.comuscrs'show,190919774 https://ww .airbnh.comlusers/190919774/listings STAR GAZING DOME https://www.airbnb.com/rooms/28570925? source_impression_id=p3_I 589093700MC4tCmTV2POU%2BY4I&guests=1&adults=1 TAURUS TENT https://www.airbnb.comirooms/33278620'? source impression_id=p3_1589093375—wXspEH51e07AI0z8&guests=I&adults=l STAR GAZING TENTS https://www.airbnb.com/rooms/33300056? source_impressionid=p3_1589093659_6xrMvLEuOMsxol l4O&guests=I&adults=l AQUARIUS DOME https://www.airbnb.com/rooms/39801964? source_impression_id=p3_1589093695_r%2FCnYt7G003pd I FH&guests=l&adults=I t. 1 SAGITTARIUS DOME https://www.airbnb.com/rooms/28562552? source_impression_id=p3_1589093703_Ln3rxBHICz%2BAs8hA&guests=I&adults=l ARIES TENT https://www.airbnb.corn/rooms/29044048? source_impression_id=p3_1589093717_0%2B4eW9TYgaPXU%2Fj%2B&guests=1&adults=I VIRGO DOME https://www.airbnb.com/rooms/27661465? location=Kealakekua%2C%20HI%2C%20United%20States&source_impression_id=p3_l 5876 14135_gOL3vT8y2Rflxcav&guests=l&adults=I RE: Special Permit SPP 20-000216,TMK: (3)7-9-001:002 JJ i Mori, Ashleyi I 1jFrom: Hokukano808 <Hokukano808@protonrnail.com> iSent: Monday, June 15, 2020 10:06 AM To: Planning Internet Mail 1'i Subject: Public Comment Special Permit SPP 20-000216, TMK- (3) 7-9 001-0021 j Attachments: SPP 20 000216_CM.pdf 1 1DearPlanningDepartment, Please find attached a PDF of my negative comments to the above Special Permit. Just in case you have trouble 1 with the PDF, I'm also placing the comment in the body of this email. I z i IiMahalo, t Cheri Maron I f f f; 4.Opportunity for Public Comment Special Permit SPP 20-000216, k t TMK: (3)7-9-001:002 f frTotheCountyofHawaii, Planning Department,Leeward Special Permit Review Commission,and to whom it may concern:IName: Cheri Mardon(owner on Hokukano Ranch TMK 7-9-001-024-0000) Date: June 10,2020 kEmail: hokukano808@protonmail.com 1, iConcerns:(Please indicate your concerns and explain below) i i Safety_X_ Traffic_X Security_X Development_X Environment/Pollution_X Infrastructure_XCommercial interests l Iinresidentialarea_X Change in Environment_X Other: f PComments: t I would like to preface this letter by stating my extreme hesitation to comment at all.This is not something I generally do. However I am opposed to this special permit mainly for safety,and the unreasonable burden put on the only road in and out of Hokukano Ranch for itheentirecommunity. If it were not for these reasons, I would not be voicing my other concerns at all. i Safety&Traffic-the one lane narrow,winding road has many blindspots and can not handle the extra traffic. In many places,there is t tnoplacetoexittheroadontheright, making it extremely dangerous already,without an influx of traffic.This road is the only entranceandexitfortheentireHokukanoRanchcommunity,which is a community of over 10,500 acres!!! This Critical road area was not Idesignedformorethanafewranchvehiclesperday.Allowing 40 units,of at least 1 car per unit,would be an unreasonable burden on Itheroad.The lower portion is owned by Kona Hills,and the upper portion is a ranch easement owned by Hokukano Ranch.The entire road is private,and repaired and maintained by the owners.Commercial activity was never intended on this road. I believe that a TIAR Traffic impact analysis report would validate these concerns.1Environment/Pollution-we are in the process of reforesting 92 acres,and we have had multiple cars drive up through a private road Itoourhouselost,and looking for the applicants airbnb.I am extremely concerned that this influx in vehicles could bring up invasive t weeds,or Rapid'Ohi'a Death contaminants.And not only to my property,but to all the properties, many of whom are also reforesting. 1rThereisnoformofbiologicalbarriertopreventthisfromhappening.This could be absolutely devastating to the reforesting process and Ithe'aina.They are currently running at least 7 airbnb tents and domes: rittps://www.airbnb com/usersil90919774/listinqs 1Commercialinterestsinaresidentialarea-when we bought the property in 2014,we were told that it is AG land,and no commercial tvenueswereallowed. 1ChangeinEnvironment-this is inevitable with a 40 unit lodge situated in a small community. l- i 1Security-We are so far off the grid, if emergency services were needed,it Would take AT MINIMUM 35 minutes for ambulance,fire or i police to get here. Having so many mainland/foreign guests wandering around the ranch poses a huge security issue. 1 Posting of signs for public notification-Section 25-2-12(c)of the Zoning Code states"The sign shall be posted at or near the 1 rpropertyboundaryadjacenttoaPUBLICroadborderingthepropertyandshallbereadablefromsaidpublicroad."The sign is posted 9 9onPUULEHUADRIVE,which is a privately owned Hokukano Ranch road.The gate is locked and you need a code or a clicker to 9 Ienter.I would like to challenge that the applicant failed to comply with this provision anditwefore is a violation ofthis chapter. Pranning Depf." 111 Exhibit n 133588 t i tT t Opportunity for Public Comment Special Permit SPP 20-000216, TMK: (3) 7-9-001:002 To the County of Hawaii, Planning Department, Leeward Special Permit Review Commission, and to whom it may concern: Name: Cheri Mardon (owner on Hokukano Ranch TMK 7-9-001-024-0000) Date: June 10, 2020 Email hokukano808(aprotonmail.com Concerns: (Please indicate your concerns and explain below) Safety_X_ Traffic _X_ Security_X_ Development_X_ Environment/ Pollution_X Infrastructure_X Commercial interests in residential area_X Change in Environment_X_ Other: f. Comments: I would like to preface this letter by stating my extreme hesitation to comment at all. This is not something I generally do. However I am opposed to this special permit mainly for safety, and the unreasonable burden put on the only road in and out of Hokukano Ranch for the entire community. If it were not for these reasons, I would not be voicing my other concerns at all. Safety & Traffic - the one lane narrow, winding road has many blindspots and can not handle the extra traffic. In many places, there is no place to exit the road on the right, making it extremely dangerous already, without an influx of traffic. This road is the only entrance and exit for the entire Hokukano Ranch community, which is a community of over 10,500 acres!!! This Critical road area was not designed for more than a few ranch vehicles per day.Allowing 40 units, of at least 1 car per unit, would be an unreasonable burden on the road. The lower portion is owned by Kona Hills, and the upper portion is a ranch easement owned by Hokukano Ranch. The entire road is private, and repaired and maintained by the owners. Commercial activity was never intended on this road. I believe that a TIAR Traffic impact analysis report would validate these concerns. Environment/Pollution -we are in the process of reforesting 92 acres, and we have had multiple cars drive up through a private road to our house lost, and looking for the applicants airbnb. I am extremely concerned that this influx in vehicles could bring up invasive weeds, or Rapid `Ohi'a Death contaminants.And not only to my property, but to all the properties, many of whom are also reforesting. There is no form of biological barrier to prevent this from happening. This could be absolutely devastating to the reforesting process and the `aina. They are currently running at least 7 airbnb tents and domes: httos://www.airbnb.com/users/190919774/listings RE: Special Permit SPP 20-000216,TMK: (3)7-9-001:002 Commercial interests in a residential area - when we bought the property in 2014, we were told that it is AG land, and no commercial venues were allowed. Change in Environment - this is inevitable with a 40 unit lodge situated in a small community. Security - We are so far off the grid, if emergency services were needed, it would take AT MINIMUM 35 minutes for ambulance, fire or police to get here. Having so many mainland/foreign guests wandering around the ranch poses a huge security issue. Posting of signs for public notification - Section 25-2-12 (c) of the Zoning Code states 41The sign shall be posted at or near the property boundary adjacent to a PUBLIC road bordering the property and shall be readable from said public road." The sign is posted on PUU LEHUA DRIVE, which is a privately owned Hokukano Ranch road. The gate is locked and you need a code or a clicker to enter. I would like to challenge that the applicant failed to comply with this provision and therefore is a violation of this chapter. ff1 pgpg yy 5j yy RE: Special Permit SPP 20-000216,TMK: (3)7-9-001:002 Mori, Ashley F From: Susan Slavish <sueslav@gmail.com> Sent: Tuesday,June 09, 2020 12:13 PM To: Planning Internet Mail Subject: Submitting Public Comment t' Attachments: Opportunity for Public Comment Special Permit SPP 20SMS6_9_20.docx The attached Public Comment is in reference to: i. Special Permit Application Number: SPP 20-000216 ii. TMK: (3) 7-9-001:002 Thank you for allowing this testimony to be shared. I would appreciate e-mail confirmation of the receipt of this e-mail and attached document. Susan M. Slavish E: 2 yTy-4: yty;fi 1 yty Panning Dept. Exhibit 7-1 1 133569 Opportunity for Public Comment Special Permit SPP 20-000216, FMK: (3) 7-9-001:002 To the County of l lativu i. Planning Department. Leen and Special Permit Review Commission, and to whom it may concern: Name: Susan M. Slavish Date: June 9, 2020 Contact phone number(*optional): (808) 371-0714 Concerns: (Please indicate your concerns and explain below) Safety Traffic X Security__ Development X Environment/Pollution X Infrastructure X Commercial interests in residential area Change in Environment X Other: Commercial activity in an important agriculture area Comments: As a family member of one of the property owners who will be significantly affected if this zoning request is approved and the proposed project allowed to be built I have a number of concerns. I have had the privilege to visit and participate in invasive species removal and reforestation activities on property above the area where the proposed 40 unit lodge is being proposed. My concerns are as follows: 1) traffic into and out of the area—the current road was designed to facility periodic arrival and departure of the property owners who use the ranch property for agriculture purposes. That addition of a 40 unit lodge which implies use by visitors to the Kailua-Kona side of Hawaii Island will result in significant increase in vehicular traffic both during construction and for the life of the lodge. Has a study of the impact of that increase traffic, both on the road itself and the environment and air quality affected by the vehicular emissions been conducted? 2) Infrastructure—at the present time there is none—water used by our family is trucked in and stored and is used with great care, that is true for other basic infrastructure need. The addition of the large compound will RE: Special Permit SSP 20-000216,TMK: (3)7-9-001:002 required the need to develop that infrastructure and it ‘vill stress an important ecosystem that others on the property are trying to preserve. 3) the need tOr a zoning change this property is currently zoned as agriculture land and many of the currcnt_propertv owners are acti ck pursuing agricultural activities and reforestation projects in an effort to return an area that was once a significant forest of native Ohi'a lehua, Koa, 'Iliahi and other native trees and plants. 1 When the land was modified for cattle ranching large areas of that forest were removed and replace by grass lands and other invasive species that had a significant impact on native plants, animals and birds. With efforts over the past several years by Nani 'Ekolu Ranch/Save Our Hawaii Forests and others significant progress been made to remove invasive species and reintroduce native trees and plants to portions of the property. Rezoning the property and establishing a lodge that will being tourists on the property brings with it the potential of reintroduction of invasive species, either from the vehicular or foot traffic associated with the project or through the movement of seeds moving on the air currents/breezes that effect the entire property. One of the native birds of concern is the Hawaiian Hawk or 'Io. It is the only hawk native to Hawaisi. It currently known to breed only on Hawaii Island in stands of native Ohi'a lehua trees. With the Ohi'a already threatened by"rapid Ohi'a death"protecting the health Ohi'a trees on this property is critical. The Hawaiian Hawk faces a number of threats including vehicle collisions. That specific threat will only increase with the introduction of large numbers of vehicles used by guests of the proposed lodge. I appreciate the opportunity to share my concerns with you. RE: Special Permit SPP 20-000216,TMK: (3)7-9-001:002 I I Mori, Ashley i 1 From: JEFF MCCONNEL <jeffmcconnel@usa.net> Sent: Tuesday, June 16, 2020 7:40 AM To: Mori, Ashley T Cc: cheri Mardon Subject: RE. public comment on Special Permit SPP 20000216, TMK: (3) 7 9-001002 i I 3. Aloha Mori, I Sorry the attachment didn't come through....Here is what I did. Mahalo i i I will copy and paste.... f. t i Opportunity for Public Comment Special Permit SPP 20-000216, i TMK: (3) 7-9-001:002 To the County of Hawaii, Planning Department, Leeward Special Permit Review Commission,and to whom it may concern: Name: Jeffry McConnel Date: 06/10/2020 Contact phone number(*optional): (808) 960-6666 Concerns: (Please indicate your concerns and explain below) Safety_x_ Traffic_x_ Security x_ Development_x__x1.. Environment/Pollutionx_ Infrastructure_x_ Commercial interests in residential area x_ Change in Environment_x Other: 1 I am writing to give negative testimony to the special permit listed above for the following reasons. I' The issue of road safety is of utmost importance due to the proposed increase in traffic on this private ranch road. v` Security to the ranch lots is subject to control through Kona Hills who own the entrance road to Hokukano. When they purchased the lot(including the entrance road)they gave easement access to all ranch owners in perpetuity. 1 They and other owners have experienced trespassers, illegal hunters and other unauthorized uses of the roadway and adjacent properties.An increase of 40 plus visitors would more than double the existing population on the road putting at risk the security of the ranch and its owners. i It is not in keeping with the community spirit to allow a lodge to be developed. In speaking with a majority of Hokukano owners most are against the proposal. i 1 Thank you, k. Jeff McConnel, t resident of Hokukano Ranch Planning Depi. Exh'bit ' 1 133767 u. i Mori, Ashley From: Gene Clapp <geneclapp@pimboston.com> t : Sent: Monday, July 06, 2020 4:14 PM To: Planning Internet Mail Subject: Public Comments on Special Permit SPP 20-000216: TMK (3) 7 9-001:002 Attachments: Public Comment Special Permit SPP 20 000216.pdf Attached please find our comments on Special Permit SPP 20-000216 for TMK (3) 7-9-001:002 which is Agenda Item#1 Fairview Avenue, SPP 20-216) on July 16, 2020. Thank you for your consideration. f Aloha, Eugene H. Clapp Penobscot Investment Management Company, Inc. 50 Congress Street, Suite 410 Boston MA 02109 617-337-2936 geneclapp@pimboston.com www.pimboston.com fi 57, Sk Planning Dept. Exhibit a 1 134307 OPPORTUNITY FOR PUBLIC COMMENT SPECIAL PERMIT SP-' 20-090216 TM;:: (3) 7-9-001:002 To the County of i lay^daii Planning; Dena,invent, I_ee:varcJ Srlecral Poi-mit Ievict=4 Cornmi-ssion, and to whom it may concern: Name: Eugene and Meredith Clapp on behalf of Pine Tree Hokukano Holdings LLC Date:July 6, 2020 Email ; .trie i-illi7= pirrrb' ioi Lorn 1 Telephone: 617-337-2936 Concerns: Safety,Traffic, Security, Development, Environment, Infrastructure Comments: Safety:The applicant proposes unsupervised commercial customers on a one lane private ranch road. Traffic:The applicant proposes increased commercial traffic on a one lane private ranch road. Security:The applicant proposes increased commercial traffic by unsupervised commercial customers on a one lane private ranch road. Development:The applicant has constructed unpermitted dwellings and is conducting commercial activity on agricultural land. The applicant is conducting activities that are in violation of existing Covenants, Conditions and Restrictions (CC&Rs) pertaining to quiet enjoyment and acceptable uses of private and common areas. The applicant is in violation of the Cdunty of Hawai'i ordinance restricting short term vacation rentals.The applicant has demonstrated repeated disregard for County zoning and building codes. Environment:The applicant proposes a heavy increase in commercial traffic that could transmit invasive weeds and Rapid O'hia Death contaminants on land zoned for agriculture. Infrastructure: The applicant has constructed unpermitted dwellings,foundations, bathrooms and kitchens. The applicant is operating without an approved and permitted wastewater system. RE:Special Permit SPP 20-000216,TMK:(3)7-9-001:002