Loading...
HomeMy WebLinkAboutPD Background Report PL-SPP-2024-000068BZhongSPP.AK.6.27.2024 COUNTY OF HAWAIʻI PLANNING DEPARTMENT BACKGROUND REPORT JIAN ZHONG SPECIAL PERMIT APPLICATION (PL-SPP-2024-000068) JIAN ZHONG has submitted an application for a Special Permit to establish a two (2) bedroom bed and breakfast establishment within an existing ʻOhana dwelling on a 1,547-square foot portion of an approximately 20.029-acre parcel of land in the State Land Use Agricultural District. The subject property is part of a three (3) unit Condominium Property Regime (CPR) of which CPR Unit 1 consists of approximately 5.287-acres of land and is located at 73-1955 Hao Street Unit A, approximately 3,376 feet east of its intersection with Kaloko Drive, Portion Kaloko-Mauka Subdivision Increment 2, Kaloko, North Kona, Hawai‘i, TMK: (3) 7-3-026:023- 0001. APPLICANT’S REQUEST 1. Request: The applicant, who resides on the property, is requesting a Special Permit to allow a two (2)-bedroom bed and breakfast operation in an existing two-story, 2,447- square foot, three (3)-bedroom single-family dwelling with an unpermitted unfinished basement. The applicant intends to secure a building permit for the unfinished basement. The bed and breakfast will operate within the existing footprint of the single-family dwelling, with the intention of providing accommodation for a maximum of four (4) guests. 2. Objectives: The applicant states that the approval of this permit will allow the ability to generate supplemental income during the times her family members are away. The income would help to offset the increasing cost of living, pay for her children’s tuition, and home improvements. 3. Employees: The applicant intends to be the primary host and caretaker of the bed and breakfast. 4. Parking: Off-street parking is available for the guests of the bed and breakfast operation and for the residence. The applicant intends to provide a minimum of two (2) parking stalls to accommodate the proposed bed and breakfast operation. -2- 5. Project Timetable and Cost: The applicant intends to commence the proposed use immediately following approval of the Special Permit, subject to any building permit requirements, and does not anticipate construction costs. 6. Definition of “Bed and Breakfast Establishment”: According to Section 25-1-5 of the Zoning Code, a “bed and breakfast establishment” means any single-family dwellings and/or guest houses (pursuant to section 25-4-9), which have been permitted on a building site, in which overnight accommodations and only breakfast meals are provided to a maximum of ten guests, for compensation, for periods of less than thirty days. 7. Landowner: Jian Zhong 8. Supportive Information: A Special Permit is required to operate a bed and breakfast establishment in the State Land Use Agricultural District. The applicant submitted the attached in support of the request for a Special Permit: (Planning Department Exhibit 1 - Special Permit Application Dated April 12, 2024) BACKGROUND INFORMATION 9. Building Permits: According to records on file with the Building Division, the following building permits have been issued and completed for the subject property: • May 24, 1989: Issuance of building permit no. 895636 for the construction of a three bedroom/two-bathroom 1,288 square foot ʻOhana dwelling. Finalized on October 19, 1989. • November 3, 2003: Issuance of building permit no.036595 for the addition of a 839 square foot open three-car carport to existing dwelling. Finalized January 21, 2004. DESCRIPTION OF STATE AND COUNTY PLANS 10. State Land Use District: Agricultural. 11. County Zoning: Agricultural-20 acre (A-20a). 12. General Plan LUPAG MAP: The General Plan LUPAG map classifies the subject property as Important Agricultural Lands (ial) which refers to land that has better potential for sustained high agricultural yields because of the soil type, climate, topography, or other factors. 13. Kona Community Development Plan (CDP): The Kona CDP, originally adopted by the -3- Hawai‘i County Council on September 25, 2008, and most recently amended on September 18, 2019, identifies the preferred land use pattern for the Kona districts. The subject property is not within the Kona Urban Area or any Rural Town Centers. 14. Special Management Area (SMA): The Special Management Area is a part of the Coastal Zone Management Program and regulated by the County. The property is not located within the Special Management Area and does not front the shoreline. DESCRIPTION OF PROPERTY AND SURROUNDING AREAS 15. Subject Property: The property is located in the Kaloko-Mauka Subdivision approximately 2.3 miles mauka of the intersection of Kaloko Drive and Hawaiʻi Belt Road. The subject property which is Unit 1 of the is a 5.287-acre portion of a 20.029-acre CPR. The property entered a CPR in December 1999, after the three dwellings were built on the property. A single-family dwelling (SFD) was built in 1979, an ʻOhana dwelling (OHD) was built in 1989, and an Additional Farm Dwelling (AFDA) was built in 1991.The subject parcel is irregular in shape. An existing two story, three-bedroom/two- bathroom single-family dwelling, constructed in 1989, will be used for the bed and breakfast operation. The remainder of the property will continue to be used for growing bamboo, avocado trees, orange trees, apple trees, and coffee. 16. Surrounding Zoning/Land Uses: Lands surrounding the subject parcel are zoned Agricultural-7 acre (A-7a), Agricultural-10 acres (A-10a) and Agricultural-20 acres (A- 20a), with uses consisting of residences, agriculture, and mainly native forest. The subject property is bordered by dwellings toward the north and the west, with the closest dwelling approximately 475 feet from the proposed bed and breakfast structure to the north of the subject dwelling. There are no known B&B operations nearby, but there are 4 B&Bʻs at lower elevations in the subdivision that were established by Special Permit in 1996, 1998, 1999, and 2011. 17. Land Study Bureau's Detailed Land Classification System: Soil within the property is classified as “E” or “Very Poor”. 18. Soil Survey: The soil is Kona very cobbly highly decomposed plant material with 20 to 40 percent slopes and consists of organic material over pahoehoe lava flows. The soil is moderately well drained, and the runoff class is high. -4- 19. Agricultural Lands of Importance to the State of Hawaii (ALISH): The subject parcel is classified as Other Lands. 20. Flood Zone: The property is situated within an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by FEMA, an area of minimal flood hazard located outside the 500-year flood plain. 21. Flora/Fauna Resources: No professional floral or faunal survey was conducted of the property because the property has been almost fully cleared and improved. According to the applicant, they are not aware of any rare or endangered floral or faunal resources that are likely to be found within the subject site. 22. Historic and Cultural Resources: No professional archaeological and cultural study was conducted of the property. According to the applicant, no archeological or historical features are known to exist on the subject property nor is the property listed as a historic site on the State or National Register of Historic Places. There are no known traditional or customary Native Hawaiian cultural rights being practiced within the subject property or any known cultural or historic resources existing on the property. The proposed use will occur within an existing dwelling, which will not disturb any historical or cultural sites. 23. Public Access: There is no known public access to any shoreline or mountain areas on the property. PUBLIC UTILITIES AND SERVICES 24. Access: The subject parcel is located mauka of Hawaiʻi Belt Road and is accessed via a paved driveway connected to Hao Street, which is a County owned and maintained roadway. 25. Traffic: Bed and Breakfast operations are limited by the Zoning Code to a maximum of ten (10) guests, as such the applicant is proposing to rent out two (2) bedrooms, which will operate below the ten (10) guest limit and is not expected to impact traffic any more than 2 occupied bedrooms of a dwelling. The applicant intends to host no more than four (4) registered guests and will schedule guest check-in and check-out times before 11 A.M. and after 3 P.M. respectively. The proposed development is not anticipated to generate adverse traffic impacts on the local roadway system. -5- 26. Water: According to the Department of Water Supply (DWS), the subject parcel is currently served by an existing 5/8-inch meter which is allotted one unit of water, equivalent to an average daily usage of 400 gallons per day (gpd) and is suitable for only one single-family dwelling. DWS notes that current water usage is approximately 1,008 gpd, which is equivalent to three units of water. DWS reports that three (3) units of water are available to the subject parcel. While DWS states no objection to the establishment of the proposed bed and breakfast, the applicant is requested to construct necessary water system improvements to accommodate each dwelling and remit the prevailing facilities charge. 27. Wastewater System: The property’s wastewater is currently served by a cesspool. According to the Department of Environmental Management the applicant shall follow Department of Health (DOH) regulations for wastewater. 28. Solid Waste: There are no municipal waste collection services in the County. All solid waste generated by the development will require private disposal at an approved transfer station or landfill. 29. Food Service Operations: By definition, bed and breakfast establishments may only provide breakfast meals to guests. The Department of Health (DOH) has noted that a food establishment permit will be required if meals are to include “potentially hazardous food” or if the number of guests exceeds 6. If the bed and breakfast will only offer commercial cereal, pastries, breads, fruits, coffee, tea, and juice, then a food establishment permit is not required. However, the limited menu must be documented with DOH and the applicants must comply with other DOH requirements. 30. Essential Services and Utilities: The nearest fire and police stations are located in Kailua-Kona which is approximately 5.09 miles from the subject property. Electrical services are already available to the property. AGENCIES’ COMMENTS 31. Department of Health: (Planning Department Exhibit 2 – June 17, 2024 Memo) 32. Department of Public Works – Building Division: (Planning Department Exhibit 3 – July 3, 2024) 33. Department of Public Works – Engineering Division: (Planning Department Exhibit -6- 4 – July 3, 2024) 34. Department of Water Supply: (Planning Department Exhibit 5 – July 29 2024) 35. Department of Environmental Management: (Planning Exhibit 6 – July 5, 2024 Memo) AGENCIES AND ORGANIZATIONS – NO COMMENT/CONCERNS 36. Police Department, State Office of Planning and Sustainable Development, and Department of Finance – Real Property Tax. AGENCIES AND ORGANIZATIONS – NO RESPONSE 37. Fire Department, State Land Use Commission, State Department of Agriculture. PUBLIC COMMENTS 38. As of the date of this writing, the Planning Department has not received any comments from the general public or adjacent landowners. JOSH GREEN, M.D. GOVERNOR OF HAWAII KE KIA'AINA OKA MOKU'AINA O HAWAl'I MEMORANDUM DATE: TO: June 17, 2024 Mr. Zendo Kem STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX916 HILO, HAWAII 96721-0916 Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Special Permit Application (PL-SPP-2024- 000068) Applicant: Jian Zhong KENNETH S. FINK, M.D, MGA, MPH DI RECTOR OF HEAL TH KA LUNA HO'OKELE Request: To Allow a 2-Bedroom Bed & Breakfast Establishment Tax Map Key: (3) 7-3-026:023:0001; North Kona, Hawai'i In most cases, the District Health Office will no longer provide individual comments to agencies or project owners to expedite the land use review and process. Agencies, project owners, and their agents should apply Department of Health "Standard Comments" regarding land use to their standard project comments in their submittal. Standard comments can be found on the Land Use Planning Review section of the Department of Health website: https://health.hawaii.gov/epo/landuse/. Contact information for each Branch/Office is available on that website. Note: Agencies and project owners are responsible for adhering to all applicable standard comments and obtaining proper and necessary permits before the commencement of any work. General summary comments have been included for your convenience. However, these comments are not all-inclusive and do not substitute for review of and compliance with all applicable standard comments for the various DOH individual programs. Clean Air Branch 1. All project activities shall comply with the Hawaii Administrative Rules (HAR), Chapters 11-59 and 11-60.1. Planning Dept. 2. Control of Fugitive Dust: You must reasonably control the generation of all Exhibit 2 Zendo Kem June 17, 2024 Page 2 of 4 airborne, visible fugitive dust and comply with the fugitive dust provisions of HAR §11-60.1-33. Note that activities that occur near existing residences, businesses, public areas, and major thoroughfares exacerbate potential dust concerns. It is recommended that a dust control management plan be developed which identifies and mitigates all activities that may generate airborne and visible fugitive dust and that buffer zones be established wherever possible. 3. Standard comments for the Clean Air Branch are at: https://health.hawaii.gov/epo/landuse/ Clean Water Branch 1. All project activities shall comply with the HAR, Chapters 11-53, 11-54, and 11-55. 1. The following Clean Water Branch website contains information for agencies and/or project owners who are seeking comments regarding environmental compliance for their projects with HAR, Chapters 11-53, 11-54, and 11-55: https://health.hawaii. gov/ cwb/ clean-water-branch-home- page/ cwb-standard-comments/. Hazard Evaluation & Emergency Response Office 1. A Phase I Environmental Site Assessment (ESA) and Phase II Site Investigation should be conducted for projects wherever current or former activities on site may have resulted in releases of hazardous substances, including oil or chemicals. Areas of concern include current and former industrial areas, harbors, airports, and formerly and currently zoned agricultural lands used for growing sugar, pineapple or other agricultural products. 2. Standard comments for the Hazard Evaluation & Emergency Response Office are at: https://health.hawaii.gov/epo/landuse/. Indoor and Radiological Health Branch 1. Project activities shall comply with HAR Chapters 11-39, 11-45, 11-46, 11-501, 11- 502, 11-503, and 11-504. 2. Noise may be generated during demolition and/or constrnction. The applicable maximum permissible sound levels, as stated in Title 11, HAR, Chapter 11-46, "Community Noise Control," shall not be exceeded unless a noise permit is obtained from the Department of Health. 3. Constrnction/Demolition Involving Asbestos: If the proposed project includes renovation/demolition activities that may involve asbestos, the applicant should contact the Asbestos and Lead Section of the Branch at https://health.hawaii. gov /irhb/ asbestos/. Safe Drinking Water Branch 1. Agencies and/or project owners are responsible for ensuring environmental Zendo Kem June 17, 2024 Page 3 of 4 compliance for their projects in the areas of 1) Public Water Systems; 2) Underground Injection Control; and 3) Groundwater and Source Water Protection in accordance with HAR Chapters 11-19, 11-20, 11-21, 11-23, 11-23A, and 11- 25. They may be responsible for fulfilling additional requirements related to the Safe Drinking Water program: https://health.hawaii.gov/sdwb/. 2. Standard comments for the Safe Drinking Water Branch can be found at: https ://health.hawaii. gov/ epo/landuse/. Solid & Hazardous Waste Branch 1. Hazardous Waste Program -The state regulations for hazardous waste and used oil are in HAR Chapters 11-260.1 to 11-279.1. These rules apply to the identification, handling, transportation, storage, and disposal of regulated hazardous waste and used oil. 2. Solid Waste Programs -The laws and regulations are contained in HRS Chapters 339D, 342G, 342H, and 3421, and HAR Chapters 11-58.1 and 11-282. Generators and handlers of solid waste shall ensure proper recycling or disposal at DOH-permitted solid waste management facilities. If possible, waste prevention, reuse, and recycling are preferred options over disposal. The Office of Solid Waste Management also oversees the electronic device recycling and recovery law, the glass advanced disposal fee program, and the deposit beverage container program. 3. Underground Storage Tank Program -The state regulations for underground storage tanks are in HAR Chapter 11-280.1. These rules apply to the design, operation, closure, and release response requirements for underground storage tank systems, including unknown underground tanks identified during construction. 4. Standard comments for the Solid & Hazardous Waste Branch can be found at: https://health.hawaii.gov/epo/landuse/. Wastewater Branch For comments, please email the Wastewater Branch at doh.wwb@doh.hawaii.gov. Sanitation/ Local DOH Comments: 1. "Bed and Breakfast establishment" means a single-family dwelling, including a single guest house, in which overnight accommodations and only breakfast meals are provided, and the number of guests does not exceed six(6). 2. "Potentially hazardous food" means any food that consists, in whole or in part, of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea or other ingredients, including synthetic ingredients in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. The term does not include foods that have a pH level of four and six-tenths or below or a water activity (aw) value of eighty-five hundredths or less. Zendo Kem June 17, 2024 Page 4 of 4 3. When required by the County Planning Department, Bed and Breakfast establishments may request documentation from the Department of Health. The Department of Health will provide documentation to the Planning Department once written communication from the Bed and Breakfast operators are received regarding their food service operations. 4. If the proposed Bed and Breakfast meal consists of commercial cereal, pastries ( except custards or cream filled), breads, fruits, coffee, tea, and juice, a food establishment permit will not be required from the Department of Health at this time. This limited menu must be documented in a letter to the Department of Health. The guests shall be informed by statements contained in published advertisements, mailed brochures, and placards posted at the registration area that the food is prepared in a kitchen that is not regulated and inspected by the Department of Health. 5. For Bed and Breakfast operations that provide meals which include potentially hazardous foods, a food establishment permit will be required to operate. County landuse approval for operating a food establishment may also be required. A kitchen used to prepare foods for individual family consumption will not be allowed to be permitted. A separate commercial kitchen will need to be constructed. If you have any questions regarding this guideline, please feel free to call the Food Safety Program at 933-0917. Other 1. CDC -Healthy Places -Healthy Community Design Checklist Toolkit recommends that state and county planning depa1iments, developers, planners, engineers, and other interested parties apply these principles when planning or reviewing new developments or redevelopment projects. 2. If new information is found or changes are made to your submittal, DOH reserves the right to implement appropriate environmental health restrictions as required. Should there be any questions on this matter, please contact the Department of Health, Hawaii District Health Office, at (808) 933-0917. Hawai’i County is an Equal Opportunity Provider and Employer BD-10 BUILDING DIVISION – DPW COUNTY OF HAWAI'I – 101 Pauahi Street, Suite 7 – Hilo, Hawai‘i 96720 Hilo Office (808) 961-8331 • Fax (808) 961-8410 Kona Office (808) 323-4720 • Fax (808) 327-3509 July 3, 2024 TO: Alukahe Kala - County of Hawaii – Planning Dept. County Of Hawaii Planning Department 101 Pauahi St. Ste. #3 Hilo, HI. 96720 SUBJECT: Special Permit Application PL-SPP- 2024-000068 Applicant: Jian Zhong Request: To Allow a 2-bedroom Bed & Breakfast Establishment TMK: (3) 7-3-026:023:0001: North Kona, Hawaii This is to inform you that our records on file, relative to the status of the subject discloses that: No Building permit was issued for work done on the premises. No building permit was issued for the change of occupancy. At the time of completion, the subject complied with all Building Code regulations that were in effect.( Permit 895636) Variance from any building regulation (Building, Electrical, Plumbing, or Sign) was/was not granted. The following violations(s) still outstanding: Building Electrical Plumbing Sign Others: This status report reflects Building Division records only and does not include information from other agencies. Should you have any questions regarding maters contained herein, please feel free to contact Chris Domino at phone no. (808) 323-4720 DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: July 3, 2024 TO: Zendo Kern, Planning Director FROM: Department of Public Works, Engineering Division SUBJECT: Special Permit Application (PL -SPP -2024-000068) Applicant: Jian Zhong Request: To Allow a 2 -Bedroom Bed & Breakfast Establishment TM K: 7-3-026:023:0001 We have reviewed the subject request and provide the following comments: 1. The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone X is an area determined to be outside the 500 -year floodplain. 2. Construction within the County right-of-way shall comply with HCC, Chapter 22, County Streets. We have no other comments since the request is to use an existing dwelling and there are no open violations associated with this property. Questions may be referred to Robyn Matsumoto at 961-8924. County of Hawaii is an Equal Opportunity Provider and Employer 0v V1Arec. ctt i•81 14.I. DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAI`I 345 KEKUANAO`A STREET. SUITE 20 • HILO, HAWAI'I 96720HAWW' TELEPHONE (808) 961-8050 • FAX (808) 961-8657 July 29, 2024 CCH PLANNING ,-PT AUG 2 2024 p411:22 TO: Mr. Zendo Kern, Director Planning Department 4EC'_, HAND DELIVERE) FROM: Keith K. Okamoto, Manager-Chief Engineer SUBJECT: Special Permit Application (PL-SPP-2024-000068) Applicant-Jian Zhong Request-To Allow a 2-Bedroom Bed and Breakfast Establishment Tax Map Key 7- 3-026:023:0001 We have reviewed the subject application and have the following comments. Please be informed that there is an existing 5/8-inch meter for parcel 23, which allows an average daily usage of 400 gallons and suitable for only one single-family dwelling. Presently the average daily usage is 1,008 gallons, which is equivalent to three(3)units of water and exceeds the capacity of the existing meter. County of Hawai`i, Real Property Tax records show that there are four(4)dwellings on Parcel 23. Pursuant to our Rules and Regulations,each dwelling unit shall use a separate 5/8-inch meter, and the plumbing for each separate dwelling shall not be interconnected in any way. Water can be made available from an existing 4-in waterline fronting the subject parcel, in accordance with the Department's existing water availability conditions,which are subject to change without notice. Therefore,the Department has no objections to the proposed application, subject to the applicant understanding and accepting the following conditions: 1. Construct necessary water system improvements, which shall include,but not be limited to: a.install service laterals that will accommodate a 5/8-inch meter for each dwelling, b. subject to other agencies'requirements to construct improvements within the road right-of-way fronting the property affected by the proposed development,the applicant shall be responsible for the relocation and adjustment of the Department's affected water system facilities, should they be necessary. Water, Our"lost Precious Resource. . . 7(a Wai A Vane. . . The Department of Water Supply is an Equal Opportunity provider and employer. Mr. Zendo Kern, Director Page 2 July 29,2024 Submit construction plans and design calculations prepared by a professional engineer, architect, or land surveyor,registered in the State of Hawaii, for review and approval. 2. Remit the prevailing facilities charge,which is subject to change, as shown below: FACILITIES CHARGE(FC): 3 additional services @$6,095.00/unit 18,285.00 Total FC 18,285.00 This is due and payable upon completion of the installation of the required water system improvements and prior to final subdivision approval being granted. For your information,water commitment deposits are credited towards the final facilities requirement for the development. Note that the amount of water commitment deposit may exceed the prevailing facilities charge amount; for example,when requests for time extensions continue and are approved. Until the development is finally completed,these are separate and unrelated items. In the event that water commitment deposits exceed the facilities charge,no refunds are applicable. Please keep in mind that this letter shall not be construed as a water commitment. In other words, unless a water commitment is officially effected, water availability is subject to change, depending on the water situation. Should there be any questions,please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at(808) 961-8070, extension 256. Sincerely yours. IGz PIMI/ Keith K. Okamoto, P.E. Manager-Chief Engineer RQ:dfg copy —Jian Zhong Mitchell D. Roth Mayor Deanna S. Sako Managing Director Ramzi I. Mansour Director Brenda Iokepa-Moses Deputy Director County of Hawai'i DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 345 Kekuanao`a Street, Suite 41 • Hilo, Hawai'i 96720 • cohdem@hawaiicounty.gov Ph: (808) 961-8083 • Fax: (808) 961-8086 MEMORANDUM TO: Zendo Kern, Director Planning Department FROM: Ramzi I. Mansour, Directo P. •0-. Department of Environmental Management DATE: July 5, 2024 SUBJECT: Special Permit Application (PL -SPP -2024-000068) Applicant: Jian Zhong Request: To Allow a 2 -Bedroom Bed & Breakfast Establishment Tax Map Key: (3) 7- 3-026:023:0001; North Kona, Hawaii The Solid Waste Division has reviewed the subject application and provides the following comments (contact the Solid Waste Division for more details: Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. Ample room should be provided for rubbish and recycling. Green waste may be transported to the green waste sites located at the West Hawai`i Organics Facility and East Hawai`i Organics Facility, or other suitable diversion programs. Construction and demolition waste is prohibited at all County Transfer Stations. The Wastewater Division has reviewed the subject application and provides the following comment: No County sewer system in area. Applicant shall follow Hawai`i Department of Health, and all other applicable federal, state, and county regulations. County of Hawai`i is an Equal Opportunity Provider and Employer