HomeMy WebLinkAboutPD BACKGROUND REPORT (SPP 21-224)BRabin.EC.4.16.21
COUNTY OF HAWAII PLANNING DEPARTMENT
BACKGROUND REPORT
ARNOLD RABIN
SPECIAL PERMIT APPLICATION NO. 21-000224 (SPP 21-000224)
ARNOLD RABIN is requesting a Special Permit to allow the use of a portion of an existing
farm dwelling as a real estate office on approximately 1.01 acre of land situated within the State
Land Use Agricultural District. The subject property is located at 83-5365 Hawaii Belt Road,
approximately 0.46 miles north of the Hawaii Belt Road/Middle Keei Road intersection, Ke`ei
2nd, South Kona, Hawaii, TMK: (3) 8-3-010:089.
APPLICANT'S REQUEST
1. Request: The applicant is requesting a Special Permit to establish a real estate office as a
home occupation in an approximately 120 -square foot room of his existing dwelling.
Office activities will include communication with clients by Zoom video conference
platform, with the main use of the office space being the maintenance of records. The
applicant will be the only employee. The applicant meets clients via Zoom video
conference platform, so client visits to the property will not be expected.
2. Purpose of Request: The applicant is making this request in response to the current
Covid-19 pandemic so that he can work more safely and productively. Additionally, it
will make it easier for him to pursue agricultural activities on the property by operating
his business from his existing dwelling.
3. Staffing/Employees: The private real estate business operation will require no
additional employees or agents.
4. Hours of Operation: The applicant is proposing that hours of operation for his in-home
real estate business will be between 9:00 AM and 5:00 PM.
5. Definition of "Home Occupation": According to Section 25-1-5 of the Zoning Code, a
home occupation" means any activity intended to provide income that is carried on
within a dwelling, within an accessory structure to a dwelling, or on a portion of a
building site used principally for dwelling purposes.
6. Landowner: Amold Rabin Trust.
7. Supportive Information: The applicant has submitted the following in support of the
request: (Planning Department Exhibit 1— Special Permit Application received
February 5, 2021 and Planning Department Exhibit 2 — Floor Plan via Email
received on February 17, 2021).
DESCRIPTION OF STATE & COUNTY PLANS
8. State Land Use District: Agricultural.
9. General Plan Land Use Pattern Allocation Guide (LUPAG) Map: Important
Agricultural Lands.
10. County Zoning: Agricultural (A-1 a).
11. Kona Community Development Plan (KCDP): The KCDP, originally adopted by the
Hawai`i County Council on September 25, 2008 and most recently amended on
September 18, 2019, identifies the preferred land use pattem for the Kona districts. The
subject property is located outside of the Kona Urban Area and outside of any Rural
Town Areas.
12. Special Management Area (SMA): The Project Area is not located within the SMA and
is located approximately 2.6 miles from the nearest shoreline.
13. Coastal Zone Management: The entire State of Hawai`i lies within the Coastal Zone
Management area.
DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA
14. Subject Property: The subject property is 1.01 acres in size and irregular in shape. It is
improved with a two-story, three-bedroom farm dwelling on the property that was
constructed with permits in 2000. The remainder of the property has been planted in an
orchard and gardens that are maintained by the property owner.
15. Surrounding Land Uses/Zoning: The surrounding parcels are all similarly zoned A -la.
Parcels directly surrounding the subject property are agricultural properties with an
2
existing dwelling. H6naunau Elementary School is located directly across Hawaii Belt
Road on a 12 -acre parcel to the East. The closest dwelling is located 117 feet away on the
adjacent property to the southwest.
16. Flood Insurance Rate Map (FIRM): Zone "X", determined by FEMA to be an area of
minimal flood hazard.
17. USDA Soil Survey Report: Soils in the subject property are classified Kona and Haplic
Udarents soils, with 2 to 10 percent slopes.
18. Land Study Bureau's Overall Productivity Rating: "E" or "Very Poor".
19. Agricultural Lands of Importance to the State of Hawaii (ALISH): "Unclassified".
20. Flora/Fauna Resources: No professional flora or faunal surveys were conducted as the
proposed use will occur within the existing dwelling and should not have any impact on
the surrounding flora or fauna.
21. Archaeological/Cultural Resources: No professional archaeological/historical survey
was conducted as the proposed use will occur within the existing dwelling, and therefore
should not have any impact on any archaeological/historical resources, if there were any
present. There is no evidence that any traditional native Hawaiian activities are being or
have been conducted on the property.
22. Public Access: There is no public access to the mountains or the shoreline that runs
through the property.
PUBLIC SERVICES AND FACILITIES
23. Access/Traffic/Parking: The subject property is accessed via an access easement that
crosses TMK: (3) 8-3-010:044 to connect to Hawaii Belt Road. There will be no
increase in traffic as client meetings will occur remotely or at other venues. There is also
no additional need for parking as there will be no other employees, and client visitations
will not take place on site.
24. Water: According to the Department of Water Supply (DWS), the subject property is
served with an existing 5/8" water meter which should be adequate to accommodate the
proposed water demand. Furthermore, based on the proposed use, the applicant will be
3
required to install a reduced pressure type backflow assembly on private property within
five (5) feet of any meter serving the property and inspected and approved by DWS
before water service can be activated. Finally, DWS indicated that the existing 8-inch line
within Hawaii Belt Road does not meet DWS' 2,000 gallons per minute fire flow
requirement for the proposed use. The applicant will have to contact the Fire Department
to determine specific fire protection requirements.
25. Wastewater: The subject property is not currently serviced by the County sewer system.
Wastewater for the existing residence is disposed of into an individual private cesspool.
26. Solid Waste: The property owner disposes of his own solid waste.
27. Essential Utilities and Services: The subject property is connected to HELCO electricity
services, supplemented by a rooftop solar PV system.
28. Police, Fire and Medical Services: Police, fire and medical services are available to the
property.
AGENCY COMMENTS
29. Department of Water Supply: (Planning Department Exhibit 3 — March 25, 2021
Letter).
30. Fire Department: (Planning Department Exhibit 4 — March 18, 2021 Letter).
31. Department of Public Works — Engineering Division (Planning Department Exhibit
5 — April 5, 2021 Memo).
32. Department of Health: (Planning Department Exhibit 6 — April 7, 2021 Memo).
AGENCIES — NO COMMENT/CONCERN
33. Police Department and Department of Environmental Management.
AGENCIES — NO RESPONSE
34. Real Property Tax Office; State Land Use Commission; State Office of Planning; State
Department of Agriculture.
APPLICANT RESPONSE TO AGENCY COMMENTS
35. Applicant response letter to comments from Department of Water Supply:
Planning Department Exhibit 7 — April 6, 2021 Letter)
4
PUBLIC COMMENTS
36. No public comments have been received as of the date of this writing.
SPECIAL PERNIIT APPLICATION
COUNTY OF HAWAII
PLANNING DEPARTNIENT
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APPLICANT f no'
APPLICANT'S SIGNAT U R
ADDRESS:
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LANNING DEPARTMENT
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Exhibit J FEB 1 C 21 7.1
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Proposed Use, Objectives, And Reasons for Request
I wish to work from my agricultural dwelling for the following reasons.
3 A. I no longer meet clients in person due to the pandemic. I can accomplish
more activity, including my agricultural pursuits if I do not have to commute
daily. This is also environmentally friendly.. All of my meetings are now on
the zoom platform.
I can maintain an office in my home without any impact on my neighbors.
I will have no employees or agents. I will work alone. I have been a realtor for
40 years and most of my clientele are repeat customers. The main purpose
of the office will be to maintain records.
3. 6, I will work from my home office located in a separate area of my
dwelling. I live on a one acre parcel. My address is 83-5365 Hawaii Belt
Road. I have ample parking areas if I had to meet a client (which I do not) I
will have no signage. I will not store any signage where it would be visible to
the public. I will work from 9:00 am to 5:00 pm The remainder of my
property is an orchard and gardens that I planted and maintain. Because I will
not have to commute, I will be able to spend more time in my agricultural
activities
3.0 The property is zoned Ag -la and is not in a Special Management Area.
When I was a member of the Kona Community Development Plan, I
encouraged home occupations as a means to lessen Kona's traffic
congestion. the Kona Community Development Plan STATES: Objective
TRAN-3. Multi -Modal System. To develop a multi -modal transportation
system to encourage walking, biking, transit, and other non -vehicular modes
of travel. A multi -modal system needs to be attractive, safe, comfortable,
convenient, accessible, environmentally friendly, and affordable. Such a
system would reduce congestion, improve air quality, reduce fuel
consumption, and increase healthy activity. Not only would the system
enhance the mobility of the elderly and youth, who do not drive, it would also
make it possible for residents to divert automobile ownership expenses to
other daily needs, such as a homeownership mortgage or insurance. The
network could connect pathways within and outside of street rights-of-way.
The system should provide convenient transfers between modes of
transportation.
And :. Have residences shopping, employment, and recreational uses
located within close proximity with each other and efficiently organized to
provide for the daily needs of the residents;
3.D. The property is in Keei, South Kona. The neighborhood is a a farming
community. Along the highway there are many businesses. Most are on
Agriculturally zoned property operating with special permits or are
grandfathered.
3. E. Attached is the FIRM map showing subject property is not in a flood
hazard zone. It is designated Zone X.
3. F. Attached you will find my No Effect letter dated 8/15/20 to State DLNR,
along with a copy of the USPS tracking receipt. The department never
responded to my letter.
3.G. There are no special Floral or Faunal resources that will be impacted.
3.1-I .No valued Cultural resources exist on or near this site.
3. I. The property is at 1000 foot elevation and is far from coastal areas It is
on a private roadway.
3.J. Attached is my title report showing I have ingress and egress rights
3.k. There will be no traffic impact as I plan to meet clients at their property
when they request I list it, and at property for sale with Buyers. If clients were
to visit my home office, I would not expect more than one or two extra
vehicles.
3.L. The property has underground, net metered electricity, phone, county
water and has an approved cesspool.
4. A. The granting of this request will have no impact Coastal Zone
Management, It is not impacting public access, scenic or open space
resources coastal view planes or ecosystems. As stated, the property is
several miles from the ocean.
4.B. The use will have zero impact on my neighbors. I will not increase
traffic, have signage or any other noticed usage.
4.C. This usage will have zero impact public agencies to provide roads,
streets, sewers, water, drainage, school improvements, and police and fire
protection.
4.D. The biggest impact since these rules were established is the Covid 19
pandemic. I am a 73 year old, at risk because of underlying medical
conditions. I wish to continue working and contributing to my community. By
working from my home, I can be safer and more productive.
4.E. I will only use the inside of my dwelling and I do not farm in my office.
4. F. It will not have any impact on my orchard and gardens as it is only
indoors in an existing room.
4.G. The Kona Community Development Plan, advocates for more home
businesses in order to reduce the amount of vehicles on our congested roads.
Policy LU -2.5:0f that Plan states: 3. Have residences, shopping, employment,
and recreational uses located within close proximity with each other and
efficiently organized to provide for the daily needs of the residents;
4.H. Although my office is not a prescribed use in an ag district; it in no way
diminishes the agricultural activity I continue to pursue on the land.
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BASEMAP: FIRM BASEMAP
Flood Hazard Assessment Report
Property Information Notes:
COUNTY: HAWAII
TMK NO: (3) 8-3-010089
WATERSHED. KIILAE
PARCEL ADDRESS: 83 5365 HAWAII BELT ROAD
CAPTAIN COOK, HI 96704
Flood Hazard Information
FIRM INDEX DATE: SEPTEMBER 29, 2017
LETTER OF MAP CHANGE(S): NONE
FEMA FIRM PANEL: 1551661234F
PANEL EFFECTIVE DATE: SEPTEMBER 29, 2017
THIS PROPERTY IS WITHIN A TSUNAMI EVACUTION ZONE: NO
FOR MORE INFO, VISIT: http://www.scd.hawaii.gov/
THIS PROPERTY I5 WITHIN A DAM EVACUATION ZONE: NO
FOR MORE INFO, VISIT: http://dlnreng.hawaii.gov/dam/
0 400 800 ft
www.hawaiinfip.org
amn:er. me wawa:, D.parrn:rot of Land and Natural Resources (OLNR) assumes no responsibility arising fromheuse, accuracy, completeness, and timeliness of any information contained in this report. Viewers/Users are
responsible for verifying the accuracy of the information and agree to indemnify the OLNR, its officers, and employesfromanyliabilitywhichmayonsefromitsuseofitsdataorinformahon.
f this mop hos been identified as 'PRELIMINARY; please note that it is being provided for informational purposes
and is not to be used for flood insurance rating Contort your r uuntyfrxtdploin manager for flood zone determine
flOns to be used for comptionce with !o„ v • - - •:: lotions.
FL000 HAZARD ASSESSMENT TOOL LAYER LEGEND
Note: legend does not cor,e5pond sv;th FHL
SPECIAL FLOOD HAZARD AREAS (SFHAs) SUBJECT TO INUNDATION BY
THE 1% ANNUAL CHANCE FLOOD - The 1% annual chance flood (100 -
year), also know as the base flood, is the flood that has a 1% chance of
being equaled or exceeded in any given year. SFHAs include Zone A, AE,
AH, A0, V, and VE. The Base Flood Elevation (BFE) is the water surface
elevation of the 1% annual chance flood. Mandatory flood insurance
purchase applies in these zones:
Zone A: No BFE determined.
Zone AE: BFE determined.
Zone AH: Flood depths of 1 to 3 feet (usually areas of ponding);
BFE determined.
Zone AO: Flood depths of 1 to 3 feet (usually sheet flow on
sloping terrain); average depths determined.
Zone V: Coastal flood rone with velocity hazard (wave action);
no BFE determined.
Zone VE: Coastal flood rone with velocity hazard (wave action);
BFE determined.
Zone AEF: Floodway areas in Zone AE. The floodway is the
channel of stream plus any adjacent floodplain areas that must
be kept free of encroachment so that the 1% annual chance
flood can be carried without increasing the BFE.
NON -SPECIAL FLOOD HAZARD AREA - An area in a low, -to -moderate risk
flood rone. No mandatory flood insurance purchase requirements apply,
but coverage is available in participating communities.
Zone XS (X shaded): Areas of 0.2% annual chance flood; areas of
1% annual chance flood with average depths of less than 1 foot
or with drainage areas less than 1 square mile; and areas
protected by levees from 1% annual chance flood.
Zone X: Areas determined to be outside the 0.2% annual chance
floodplain.
OTHER FLOOD AREAS
11111 Zone D: Unstudied areas where flood hazards are undeter- mined, but flooding is possible. No mandatory flood insurance
purchase apply, but coverage is available in participating commu-
nities.
LY`
Arnold Rabin (DR,GRI)
A REAL ESTATE CONCERN -HAWAII
P.O. BOX 766 Captain Cook, Hawaii 96704
PHONE :(808) 322-3677 FAX: (808)322-6119
email: rabin(a)konaproperty.com / WEB: WWW.konapropertv.com
8/15/2020
State DLNR Historic Preservation Division
40 Po'okela Street
Hilo, Hawaii 96720
Aloha
RE: No Effect Letter Request For TMK: 3-8-3-010-089
I have been the owner of subject parcel since 1991. I bulldozed it with a grading
permit the following year. Since then 1 have planted a fruit orchard, built my ag
dwelling boundary, and planted numerous gardeens. The entire acre has been
developed in agriculture. Because of the Covid 19 pandemic, 1 have been forced
to stay home and that has had the positive effect on orchard maintenance.
During my 40 year career as a realtor in Kona, I have walked many parcels and
have ordered archeological studies when ever indicated. 1 can identify kua'iwi
and even anomalous agricultural rock piles. None of those or any other feature of
interest exist on this fully cultivated parcel. An archeological study would be a
waste of all of our resources.
I am applying for a Special Permit to move my one man (me) office into my
agricultural dwelling.. I do not even plan to meet clients there. Everything is
remote anyway now. Please send me a "No Effect Letter".
Mahalo Nu] Loa,
Cf/Vneli
D i4C7 11
Arnold Rabin (R,GRI, Realtor Emeritus)
Sent: Registered Mail Return Receipt Requested
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Domestic Return Recap
Camero, Tracie-Lee
From:
Sent:
To:
Subject:
Attachments:
Aloha;
Arnold Rabin <rabin@konaproperty.com>
Wednesday, February 17, 2021 3:09 PM
Camero, Tracie-Lee
Re: Special Permit Application -(TMK: 8-3-010:089)
floor pla.pdf
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Will this floor plan sketch suffice? Thanks for the updated list of neighbors. Prelim. Title report will take a few days as I
ordered a new one
Mahala;
Arnold Rabin R,GRI, Emeritus
License# 10966
Celebrating 40 years of Real Estate Brokerage in Kon a
Cell: �l]_,:l_-';:)_8_7 18,E
Office :808 __ 322-3677
Toll Free Fax: §§_§_-_308-7(kM
Address: P.O. Box 766
Captain Cook, HI 96704
Web VJ'w_W k!=H_l4.f)1Q_perty.(_()' License It 18008
On Wed, Feb 17, 2021 at 1:24 PM Camero, Tracie-Lee <J_!i!cie Lee.Camero@hawai1county.gov> wrote:
Good Afternoon Mr. Rabin,
I was recently assigned to review your application that was submitted to the Planning Department on February 5, 2021
requesting a Special Permit to allow for the operation of a real estate business from your dwelling on the subject 1.01-
acre property. For the record, I was able to find your missing site plan and the 2 x 3 ft site plan that you mentioned in
our previous communications and I went ahead and attached the site plan to the scanned application. I've attached the
corrected application to this email however in order to continue my review and deem your application complete I will
need the following information:
1.Floor Plan: Please provide me with a complete floor plan of your dwelling which should indicate where your real
estate office and other uses are located in your dwelling. This will be used for presentation purposes so if you
have a PDF version of it then please feel free to email it to me. Please keep in mind that the floor plan does not
need to be a 2 x 3 ft document, in fact, it can be an 8.5 x 11 document as long as it is clear and concise.
2.Surrounding Property Owners: Please find the attached list of surrounding property owners and use this list as
your guide. Your previous list that was submitted with your application only included neighbors within 300 ft
radius of the subject property. However because your dwelling sits within the state land use agricultural district
Pla nning Dept.
Exhibit 9-,. 1-39996
you will need to provide notification to neighbors within 500 ft. You can find the requirements for the
notification to surrounding property owners in Hawaii County Code (HCC) Chapter 25 Section 25-2-4 (a)(2)
which states:
a. "For applications other than those requesting a change of zoning district classification, such notice shall
be served on the owners and lessees of record of all lots of which any portion is within five hundred feet
of any point along the perimeter boundary of the building site affected by the application if the building
site is located within the state land use agricultural district, except that if the surrounding lots ore
located within either the state land use urban or rural district, notice shall be served on the owners and
lessees of record of all lots of which any portion is within three hundred feet of the building site; ".
3. Ingress and Egress: In your application under Item 831 you make mention that a title report was attached to the
application to show your ingress and egress rights. However I don't see a copy of the title report in any of the
20 copies of the application that was submitted. If you have it available then please provide it to me at your
earliest convenience.
I will hold your application until you are able to provide me with the additional information and should you have any
questions then please feel free to contact me at (808) 961-8166.
Sincerely,
Tracie -Lee Camero
Planning Department
Planning Commission DNisian
Phone. 18081961-8166
Fax 18081961'8742
From: Arnold Rabin <rabin@konaproperty,com>
Sent: Sunday, February 14, 2021 11:31 AM
To: Camera, Tracie -Lee <Tracie-Lee.Camero@hawaiicountv,gov>
Subject: Re: special permit application
Aloha;
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DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAII!
345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720
TELEPHONE (808) 961-8050 • FAX (808) 961-8657
March 25, 2021
TO: Mr. /.endo Kern. Director
Planning Department
FROM: Keith K. Okamoto. Manager -Chief Engineer
SUBJECT: Special Permit Application (SPP 21-000224)
Applicant - Arnold Rabin
Request - Establish a Real Estate Office as a Home Occupation
within an Existing Dwelling
Tax Map Key 8-3-010:089
We have reviewed the subject application and have the following comments and conditions.
COH PLAIMN_NG DEP
HP 25202:= 3::
RECD RAND DELTHERI
Please be informed that the existing 5/8 -inch meter assigned to the subject parcel should be adequate to
accommodate the proposed water demand.
Based on the proposed land use, a reduced pressure type backflow prevention assembly would have to he
installed on private property within five (5) feet of any meter serving the property. The installation must he
inspected and approved by the Department before water service can be activated.
However, the existing 8 -inch waterline within I lawai' i Belt Road has a maximum theoretical fire -flow capacity
of 1.565 gallons per minute (GPM) that does not meet the 2,000 GPM requirement for the proposed use. The
Department recommends that the applicant contact the Fire Department for any fire protection requirements.
Should there be any questions, please contact Mr. Troy Samura of our Water Resources and Planning Branch at
961-8070. extension 255.
TS:dfg
copy - Mr. Arnold Rabin
Sincerely yours.
1
Keith K. Okamoto., P.E..
Manager -Chief Engineer
Water, Our Most Precious [?¢source ... ?(a Waif Kane .. .
The Department of Water Supply is an Equal Opportunity Pi -sander and employer.
Planningept.
Exhibit j
140730
Mitchell D. Roth
Mayor
Lee E. Lord
Managing Director
March 18, 2021
TO:
FROM:
SUBJECT:
County of Tipthari
HAWAII FIRE DEPARTMENT
25 Aupuni Street • Suite 2501 • Hllo. Ilawai'i %720
18081 93 2-2 900 • Fn (8081 932-2928
ZENDO KERN, PLANNING DIRECTOR
ROBERT R. K. PERREIRA, ACTING FIRE CHIEF
Robert R.K. Perreira
Acting Fire Chief
Special Permit Application (SPP 21-000224)
Request: Establish a Real Estate Office as a Home Occupation Within an
Existing Dwelling
Applicant: Arnold Rabin
Tax Map Key: 8- 3-010:089
COJI F'LPNNN1G CHEF'
M iR Lv 202S'-3:2
RECD 2? ERR
In regard to the above-mentioned request, the following shall be in accordance:
NFPA I, UNIFORM FIRE CODE, 2006 EDITION
Note: Hawaii State Fire Code, National Fire Protection Association 2006 version. with County
of Hnwai'i amendments. County amendments are identified with a preceding " C—" of the
reference code.
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.
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.
Hm mil Cm Iys un Fquo! ()prornnuty Pr le and E,nptoyer.
Planningtpt.
Exhibit
140549
Zendo Kern, Planning Director
March 18, 2021
Page 2 of 9
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.
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 be
installed in an accessible location where access to or within a structure or area is difficult
because of security.
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 of roadways, fire lanes, parking lots lanes,
or a combination thereof.
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.
Li.,
Zendo Kern, Planning Director
March 18, 2021
Page 3 of 9
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 in) 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 I 3D, or NFPA I 3R, 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 detennined 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 ISO 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 of the structure being protected. An approved turn around area shall
be provided if the FDAR exceeds 250 feet.
C— 18.2.3.4.1.2 FDAR shall have an unobstructed vertical clearance of not less then 13ft 6 in.
C— 18.2.3.4.1.2.1 Vertical clearances may be increased or reduced by the AHJ, provided such
increase or reduction does not impair access by the fire apparatus, and approved signs are
installed and maintained indicating such approved changes.
C-18.2.3.4.1.2.2 Vertical clearances shall be increased when vertical clearances or widths are
not adequate to accommodate fire apparatus.
Zendo Kern, Planning Director
March 18, 2021
Page 4 of 9
C- 18.2.3.4.2 Surface. Fire department access roads and bridges shall be designed and
maintained to support the imposed loads (25 Tons) of the fire apparatus. Such FDAR and shall
be comprised of an all-weather driving surface.
18.2.3.4.3 Turning Radius.
C- 18.2.3.4.3.1 Fire department access roads shall have a minimum inside turning radius of 30
feet, and a minimum outside turning radius of 60 feet.
18.2.3.4.3.2 Turns in fire department access road shall maintain the minimum road width.
18.2.3.4.4 Dead Ends. Dead-end fire department access roads in excess of 150 ft (46 m) in
length shall be provided with approved provisions for the fire apparatus to turn around.
18.2.3.4.5 Bridges.
18.2.3.4.5.1 When a bridge is required to be used as part of a fire department access road, it shall
he constructed and maintained in accordance with county requirements.
18.2.3.4.5.2 The bridge shall be designed for a live load sufficient to carry the imposed loads of
fire apparatus.
18.2.3.4.5.3 Vehicle load limits shall be posted at both entrances to bridges where required by
the AHJ.
18.2.3.4.6 Grade.
C- 18.2.3.4.6.1The maximum gradient of a Fire department access road shall not exceed 12
percent for unpaved surfaces and 15 percent for paved surfaces. In areas of the FDAR where a
Fire apparatus would connect to a Fire hydrant or Fire Department Connection, the maximum
gradient of such area(s) shall not exceed 10 percent.
18.2.3.4.6.2* The angle of approach and departure for any means of fire department access road
shall not exceed I 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 be
approved the AHI.
18.2.3.5 Marking of Fire Apparatus Access Road.
Zendo Kern, Planning Director
March 18, 2021
Page 5 of 9
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.
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 AEU.
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 lire department or by its order or under its control shall not be removed,
unlocked, destroyed, tampered with, or otherwise vandalized in any manner.
Zendo Kern, Planning Director
March 18, 2021
Page 6 of 9
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 lire apparatus
access road, as measured by an approved route around the exterior of the facility or building, on-
site fire hydrants and mains capable of supplying 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.
18.3.5 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 AH1 upon request.
Zendo Kern, Planning Director
March 18, 2021
Page 7 of 9
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;
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 fi from the Fire department access. The location shall be
approved by the AHJ;
Zendo Kern, Planning Director
March 18, 2021
Page 8 of 9
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;
1) 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 flowing
500gpm by engineered design standards. The second FDC' shall be located in an area
approved by the AI -11 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) 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.
Zendo Kem, Planning Director
March 18, 2021
Page 9 of 9
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 Assistant Fire Chief Ian
Smith al (808) 932-2907.
ROBERT R. K. PERREIRA
Acting Fire Chief
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
HILO, HAWAII
1/temstan&au
TO: Zendo Kern, Planning Director
FROM: Department of Public Works, Engineering Divisior
CON PLANNING ';kr
RPR 6 2021 z+EI.:
RECO I.RND DELVER,
DATE: April 5, 2021
SUBJECT: SPECIAL PERMIT APPLICATION (SPP 21-000224)
Applicant: Arnold Rabin
Request: Establish a Real Estate Office as a Home Occupation Within
an Existing Dwelling
TMK: 8-3-010:089
We have reviewed the subject request forwarded by your memo dated March 8, 2021
and provide the following:
The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map
FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area
determined to be outside the 500 -year floodplain.
Construction activities shall comply with the requirements of HCC, Chapter 10, Erosion
and Sedimentary Control.
Questions may be referred to Robyn Matsumoto at 961-8924.
Planning Dept.
Exhibit 5
140844
Courcy of Hawaii is an lyuul Upnnnunily Provider and Employer
DAVID Y. IGE
MEMORANDUM
DATE: April 7, 2021
STATE OF HAWAII
DEPARTMENT OF HEALTH
P. O. BOX 916
HILO, HI 96721-0916
TO: Mr. Zendo Kern
Planning Director, County of Hawaii
ct1 I1 FROM: Eric Honda 4._.
District Enviro ntal Health Program Chief
ELIZABETH A. CHAR, M.D.
DIRECTCROEIEALTH
In,eyM.,.,,, W„a.
Filo
CCM PLANNING DEP1
APR 13'22021 PH12:1:
RECD HAND OELlVEREt
SUBJECT: Special Permit Application (SPP 21-000224)
Applicant: Arnold Rabin
Request: Establish a Real Estate Office as a Home Occupation Within an
Existing Dwelling
TMK: 8-3-010:089
We recommend that you review all of the Standard Comments on our website:
http://hawaii.gov/health/environmental/env-planning/landuse/Ianduse.html. Any comments
specifically applicable to this project should be adhered to.
The same website also features a Healthy Community Design Smart Growth Checklist
Checklist) created by Built Environment Working Group (BEWG) of the Hawaii State
Department of Health. The BEWG recommends that state and county planning departments,
developers, planners, engineers and other interested parties apply the healthy built environment
principles in the Checklist whenever they plan or review new developments or redevelopments
projects. We also ask you to share this list with others to increase community awareness on
healthy community design.
Manning cpt.
Exhibit
SCANNED
ArAl
I 130214
RCUD COH PLANNING DEPT
APR 12'21 Hn9:58
Amold Rabin (DR,GRI)
A REAL ESTATE CONCERN -HAWAII VIA MAIL DELIVERY
P.O. BOX 766 Captain Cook, Hawaii 96704
PHONE :(808) 322-3677 FAX: (808)322-6119
email: rabin(tkonapropertv.com / WEB: WWW.konapropertv.com
Keith K. Okamotto, Manager -Chief Engineer
Dept. Of Water Supply
345 Kekuanao St. Ste. 20
Hilo. Hawaii 96720
Zendo Kern, Director
Planning Dept
75-5044 Ane Keohokaloe Hwy
Kailua- Kona, HI. 96740
Subject: Special Permit Application No. SPP 12-000142
Dear Sirs:
I received the letter March 25, 2021 from Mr. Okimoto. He states that I need a back flow
prevention devise and identifies the fire hydrant on Hawaii Belt Road as my source for
fire prevention.
Actually I installed a BACKFLOW PREVENTER on this property many years ago and
have been enjoying the Ag Rate I receive.
I also installed an 8" line to my subdivision that services a fire hydrant on my property
in the cul-de-sac.
Please confirm that no further action is required on my part.
Respectfully Yours;
Amold Rabin
Realtor Emeritus
Manning De )t' SCALINilai:tf
Exhibit 7 Ik APR 15 23:1
BY i4-) 1la