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HomeMy WebLinkAboutPD Background Report (PL-SSP-2024-000076) Wyatt's Place-1- BWyattsPlaceSPP.11.24.24 COUNTY OF HAWAI‘I PLANNING DEPARTMENT BACKGROUND REPORT WYATT’S PLACE, LLC (FORMERLY DANIEL DE LUZ) AMENDMENT TO SPECIAL PERMIT NO. 625 (PL-SPP-2024-000076) WYATT’S PLACE, LLC is requesting to amend Special Permit No. 625 to remove the woodworking shop and gallery use and expand the existing certified kitchen and snack shop use to establish a restaurant. Special Permit No. 625 allowed the establishment of a woodcraft workshop, and a subsequent amendment added a certified kitchen and snack shop and related improvements on 1.037 acres of land in the State Land Use Agricultural District. The subject property is located at 17-4003 Ahuahu Place, at its intersection with Volcano Road, Hawaiiki Subdivision, Olaa, Puna, Hawaiʻi, TMK: (3) 1-7-021:025. APPLICANT’S REQUEST 1. Applicant’s Request: The applicant is requesting an amendment to Special Permit No. 625 (SPP 625), which allowed the establishment of a woodcraft workshop, and for which a subsequent amendment added a certified kitchen and snack shop and related improvements. The current proposal seeks to discontinue the woodshop, retail gallery and snack shop uses and to establish a restaurant with seating for up to 40 patrons within the footprint of the existing structures. The restaurant area will total 4,000 square feet, to include two kitchen areas, a bar area, indoor and outdoor seating, a pool table room, an office, two bathrooms and a walk-in cooler. Proposed interior alterations include converting the former woodworking shop to accommodate a dining area and second kitchen, converting a storage area to the pool table room, using the carport for storage of the walk-in cooler, converting the gallery building to storage use and establishing a total of 18 on-site parking stalls, including ADA parking, for use by restaurant patrons. The applicant notes that they will obtain a change of use building permit to ensure the structure is property permitted for the proposed use and will obtain a liquor license prior to serving alcohol. The existing dwelling on the property will continue to be used as the part-time residence of the landowner. 2. Reason for Request: The current landowner, who lives off-island, acquired the subject property in 2017 and has since leased the woodshop/snack shop building to a number of -2- tenants. The prior tenants operated a produce market and restaurant without proper permits and the applicant states that these operations were ceased in early 2024. The current applicant has been selling to-go sandwiches out of the snack shop and would like to expand its operations into the remainder of the structures to operate a full-service restaurant with seating for patrons. 3. Parking: There will be a total of 18 on-site parking stalls, including 1 ADA stall. 4. Staffing/Employees: The restaurant will be staffed by up to 15 employees. 5. Hours of Operation: The proposed restaurant will operate from 11:00 AM to 9:00 PM, 7 days a week. Live, amplified music will be offered on Friday and Saturday evenings from 6:00 PM to 9:00 PM in an enclosed portion of the restaurant. 6. Construction Timetable and Cost: According to the applicant, all necessary building permits and construction for the proposed improvements will be completed by the end of 2025, at an estimated cost of $15,000. 7. Landowner: Jewon Baek. 8. Supportive Information: The applicant has submitted the attached in support of the request. (Planning Department Exhibit 1 – Special Permit Application dated September 26, 2024) BACKGROUND INFORMATION 9. September 4, 1986: Effective date of SPP 625, approved by the Planning Commission to allow the establishment of a woodcraft workshop on the subject property. 10. December 7, 1998: Effective date of an amendment to SPP 625, to allow a certified kitchen/snack shop and related improvements. STATE & COUNTY PLANS 11. State Land Use District: Agricultural. 12. General Plan Land Use Pattern Allocation (LUPAG) Map: The General Plan LUPAG map classifies the subject property as Low Density Urban (LDU), which includes residential, with ancillary community and public uses, and neighborhood and convenience-type commercial uses; overall residential density may be up to six units per acre. 13. County Zoning: Agricultural-1 acre (A-1a). -3- 14. Puna Community Development Plan (PCDP): The PCDP was adopted by the Hawai‘i County Council, Ordinance 08 116, on September 10, 2008. The subject property is not located within a community village center, rather it is located between the Kurtistown and Mountain View community village centers. 15. Special Management Area (SMA): The subject property is not within the County’s Special Management Area and is located approximately 8.5 miles from the nearest shoreline. DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 16. Subject Property: The 1.037-acre rectangular shaped property is improved with several non-residential structures including a woodcraft workshop and attached carport (Building Permit Nos. 901950 and 932160), an addition of a covered patio, storage and office (Building Permit No. 021572) a snack shop & commercial kitchen (Building Permit No. 990861) a gallery (Building Permit No. 970703) and a storage shed (Building Permit No. 831350). Building permits for these structures have been finalized, according to county records. An existing single-family dwelling and storage shed are for the landowner’s personal use. The remainder of the property consists of an existing concrete driveway, a gravel drive with parking, a rock wall bordering adjacent roadways, a lawn, fruit trees, flowers and other ornamental plants. 17. Surrounding Zoning/Land Uses: Properties surrounding the subject property are zoned Agricultural (A-1a and A-20a) and Single-Family Residential (RS-20) with uses primarily consisting of residential and agricultural in addition to a church permitted by special permit operating on the parcel directly across Ahuahu Place. 18. U.S.D.A. Soil Type: Soils on the subject properties are classified Olaʻa cobbly hydrous loam, with 2 to 10 percent slopes. 19. Land Study Bureau’s Detailed Land Classification System: Soils on the subject property are classified as a mix of “D” or “Poor” and “unclassified” for agricultural productivity. 20. Agricultural Lands of Importance to the State of Hawaiʻi (ALISH): Unclassified. 21. Flood Insurance Rate Map (FIRM): The subject properties are classified as Flood Zone “X,” (Area of Minimal Flood Hazard) according to the FEMA Flood Insurance Rate Mapping system. -4- 22. Flora/Fauna Resources: No formal flora/fauna study was submitted with the application and the applicant does not believe endangered species of plants or animals are present on the subject property, given the extent of development and clearing that has already occurred. According to the applicant, existing vegetation consists of grass, hapuʻu fern, manila palm, ti, hibiscus and agave plants, while faunal species consist of dove, Japanese white-eye, house finch, myna, and common domestic species such as cats, dogs, chickens, goats, rats and pigs. It is possible that the Hawaiian Hoary Bat and the Hawaiian Hawk fly over the area, however, given that no new structures are proposed, the applicant does not anticipate effects on floral or faunal resources. 23. Archaeological/Cultural/Historical Resources: No archaeological and cultural study was conducted of the subject property as it has been impacted by ground-disturbing activities associated with previous residential and commercial development. The subject site is not adjacent and/or proximate to the shoreline, therefore gathering of marine life and coastal access for Native Hawaiian gathering and fishing rights is not an issue. The applicant states that although there is little ground disturbing activity proposed as part of the proposal, the proper precautions will be followed should any inadvertent discoveries be made. 24. Public Access: There is no known public access to the mountains or the shoreline that runs through the subject property. PUBLIC UTILITIES AND SERVICES 25. Access/Parking: Access to the subject property will continue to be from Ahuahu Place, a County owned roadway with a 20-foot-wide pavement within a 50-foot-wide right-of-way. A condition of the existing permit requires the applicant to maintain the 8-foot-wide grass shoulders and swales fronting the subject property on Ahuahu Place, which the applicant will continue to comply with. The applicant proposes that restaurant patrons will use two existing paved driveways to enter and exit the property, with an on-site gravel parking lot designated to serve the proposed use. 26. Traffic: According to the applicant, traffic is not expected to increase significantly under the current proposal given that the gallery, woodshop and snack shop uses are being replaced by a full-service restaurant, resulting in less frequent visitors who stay on site for a longer duration of time. -5- 27. Water: According to the Department of Water Supply (DWS), the subject parcel is currently served by an existing 5/8-inch meter which is limited to one unit of water, equivalent to an average daily usage of 400 gallons per day (gpd). As part of the previous amendment to SPP 625, DWS noted that a larger water meter would be required, however this meter was not installed by the former landowner. DWS comments for the current amendment request note that existing water system facilities cannot support the proposed project due to the anticipated increase in water demand. Further, extensive water system improvements and additions would be required to provide additional water, including additional source, storage booster pumps and transmissions facilities. DWS notes that current funding is not available, and no time schedule is set for them to implement such improvements. According to the applicant, the historic water usage for the subject property has been 700 gallons per day. Water calculations will be submitted, and new water system improvements will be installed, if allowable by DWS. Planning Department staff has not been able to confirm with DWS that additional water may be available. Alternately, should additional county water not be available, the applicant proposes to install a 10,000-gallon water tank to store potable water trucked in by a commercial water hauler in order to serve the restaurant. The tank will be a closed water system, meeting Department of Health requirements, to only be filled with municipal potable water. 28. Wastewater: As there is no County sewer system in the area, the applicant shall follow Department of Health (DOH) regulations for wastewater. The applicant notes that the original cesspool on the property was filled, and a new Individual Wastewater System (IWS) was installed and approved for use by DOH in 2018, consisting of one 1,000-gallon and two 2,000-gallon tanks with two absorption beds constructed for restaurant use. 29. Solid Waste: The applicant notes that solid waste will be handled by commercial haulers. 30. Essential Utilities and Services: Electrical and telephone services are available to the subject property with medical, fire and police services located 4.5 miles away in Keaʻau. AGENCY COMMENTS 31. State Department of Health: (Planning Department Exhibit 2 – November 15, 2024 Memo). 32. State Office of Planning and Sustainable Development: (Planning Department Exhibit 3 – November 26, 2024 Letter). -6- 33. Department of Public Works – Engineering Division: (Planning Department Exhibit 4 – December 31, 2024 Memo). 34. Department of Water Supply: (Planning Department Exhibit 5 – December 5, 2024 Letter) AGENCIES – NO COMMENTS/NO CONCERNS 35. Police Department. AGENCIES – NO RESPONSE 36. Department of Public Works – Building Division, Department of Environmental Management, Fire Department, Real Property Tax Office, State Department of Transportation, State Land Use Commission, State Department of Agriculture, State Department of Land and Natural Resources. APPLICANT’S RESPONSE TO AGENCY COMMENTS 37. Planning Department Exhibit 6 - Applicants’ letter responding to agency and Planning Department comments, dated January 9, 2025. PUBLIC COMMENTS 38. Planning Department Exhibit 7 – Natasha Provo Testimony received by the Planning Department on January 21, 2025. 39. Planning Department Exhibit 8 – David Luetticke-Archbell Testimony received by the Planning Department on January 21, 2025. 40. Planning Department Exhibit 9 – Brian Fields Testimony received by the Planning Department on January 21, 2025. 41. Planning Department Exhibit 10 – Elana Kahana Testimony received by the Planning Department on January 24, 2025. 194 Wiwoole St. Hilo, HI 96720 (808) 333-3393 info@landplanninghawaii.com October 23, 2024 Mr. Jeffrey Darrow, Deputy Director Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Darrow: Subject: Attn: Christian Kay Resubmittal of Special Permit Amendment Application PL-SPP-2024-000076 Applicant: Wyatt’s Place Agent: Land Planning Hawaii LLC Mountain View, Puna, Hawaii TMK: (3) 1-7-021:025________________ Transmitted here within for your review and processing is a revised background and environmental report for the subject application. The application is requesting to amend Special Permit No. 625 in order to operate a restaurant on the subject property. The property is located at 17-4003 Ahuahu Place, on the corner of Volcano Road and Ahuahu Place in Mountain View, Puna, Hawaii. The report has been revised to address a request for additional information pertaining to the use of the property. Although the precise history and timeline of uses on the property is uncertain, the revised report attempts to provide additional information on the history of the property. Based on old online advertisements and discussions with the landowner, it is our understanding that a prior tenant had previously operated a produce market and restaurant on the property. Those uses are not covered under Special Permit No. 625 and were therefore unpermitted. However, those uses have ceased and that tenant is no longer involved in this property. Currently, the woodshop area (which had been converted for use as a market by the prior tenant) is not being used and the applicant is selling to-go sandwiches out of the permitted snack shop. As “snack shop” is not clearly defined in the County Zoning Code, it is our interpretation that sales of to-go sandwiches is consistent with the potential offerings of a “snack shop”, which is a permitted use under Special Permit No. 625. This Special Permit amendment seeks to update Special Permit No. 625 to remove the long-closed woodshop and gallery use and to permit the expansion of the existing snack shop into the remainder of the structure to create a full restaurant. The revised background and environmental report also provide additional information regarding utilities, the timeline and cost of the project, the building permit history of the property and additional permitting the applicant plans to pursue upon successfully amending the special permit. We trust that everything is in order for your acceptance and processing of this application. If not, or if there are questions relating to this matter, please feel free to direct them to me. Thank you very much. Sincerely, John Pipan Planning Administrator SPECIAL PERMIT APPLICATION COUNTY OF HAWAIʻI PLANNING COMMISSION (Type or legibly print the requested information) APPLICANT(S): APPLICANT’S SIGNATURE: DATE: ADDRESS: LIST APPLICANT’S INTEREST (if not owner): PHONE: (Bus.) (Res.) (Email) REQUEST: TAX MAP KEY: ZONING: SIZE OF PROPERTY / AREA OF REQUESTED USE: LANDOWNER(S): FEE SIMPLE LANDOWNER(S) WRITTEN AUTHORIZATION (may be provided by letter with the below statement included): DATE: DATE: Note: The above written authorization of the landowner(s) gives permission for the applicant/petitioner to file the application/ petition and acknowledges that the landowner(s) and their successors are bound by the Special Permit and its conditions. AGENT: AGENT ADDRESS: PHONE: (Bus.) (Res.) (Email) Please indicate to whom original correspondence and copies should be sent. ORIGINAL: COPIES: Zoho Sign Document ID: 2A6681DB-U5FIWYYHW67HLWGOBHSJY_CZJ08DP9C0YORPWWFU9DC Wyatt's Place LLC Lessee 808-443-8842 cass.hitsman@gmail.com To amend Special Permit No. 625 to remove the woodworking shop and gallery use and expand the existing certified kitchen / snack shop use to establish a restaurant (3) 1-7-021:025 A-1a 1.037 acres 0.5 acres Jewon Baek Land Planning Hawaii LLC 194 Wiwoole St, Hilo, HI 96720 808-333-3393 Agent Applicant info@landplanninghawaii.com Sep 23 2024 22:28 PDT PO Box 1029 Volcano Hi 96785 Sep 26 2024 18:36 PDT 1 COUNTY BACKGROUND & ENVIRONMENTAL REPORT COUNTY SPECIAL PERMIT AMENDMENT REQUEST WYATT’S PLACE MOUNTAIN VIEW, PUNA, HAWAI‘I TMK (3) 1-7-021:025 2 Table of Contents I. INTRODUCTION 4 II. PROJECT DESCRIPTION 4 3A. Project Concept and Components 4 3B. Subject Property Description 10 3C. Institutional Considerations 10 State Land Use 10 Special Management Area 15 County Zoning and General Plan 15 Puna Community Development Plan 16 3D. Surrounding Zoning and Land Uses 17 3E. Flood Insurance Rate Map 18 3F. Archaeological Resources 18 3G. Floral and Faunal Resources 18 3H. Valued Cultural Resources 18 3I. Public Access 20 3J. Description of Access 20 3K. Traffic Impacts 20 3L. Availability of Utilities 21 Water 21 Wastewater 21 Other Utilities 21 III. REGULATORY ANALYSIS 21 4A. Coastal Zone Management 21 4B. Impacts to Surrounding Properties 21 4C. Impacts to Public Agencies 22 4D. Unusual Conditions 22 4E. Land Suitability for Permitted Uses 23 4F. Land Character and Present Use 23 4G. Relationship to General Plan 23 4H. Unusual and Reasonable Use 24 FIGURES Figure 1 – Location Map .....................................................................................................5 Figure 2 – Site Plan with Permitted Uses ............................................................................7 Figure 3 – Conceptual Site Plan...........................................................................................8 3 Figure 4 – Floor Plan ...........................................................................................................9 Figure 5 – LUPAG Map ....................................................................................................11 Figure 6 – State Land Use Map .........................................................................................12 Figure 7 – Zoning Map ......................................................................................................13 Figure 8 – Land Study Bureau Rating Map .......................................................................14 Figure 9 – Flood Hazard ....................................................................................................19 Exhibits Exhibit A – Individual Wastewater System Information 4 I. INTRODUCTION Wyatt’s Place (applicant) is requesting to amend Special Permit No. 625, issued in 1986 and amended in 1998, which permitted the operation of a woodworking shop, commercial kitchen and snack shop on the subject property. The property, containing 1.037 acres of land, is located at 17-4003 Ahuahu Place, on the corner of Volcano Road and Ahuahu Place in Mountain View, Puna, Hawaii (Figure 1). The original woodshop and accompanying gallery were owned by a local woodworker, Mr. Daniel De Luz. Unfortunately, Mr. De Luz passed away in 2012. The precise chronology of uses of the property after Mr. De Luz’s passing is not known, but it appears that his widow initially continued to operate the woodshop, gallery and snack shop for some time after his passing and eventually sold the property to the current landowner in 2017. The current landowner primarily resides off-island and has leased the woodshop/snack shop building to a number of tenants. The prior tenants, without permits, converted the woodshop area to a produce market and operated the snack shop as a full restaurant known as Dimple Cheek. The applicant does not know the exact dates during which Dimple Cheek and the produce market operated, but both appear to have ceased operating sometime in early 2024. The applicant, who began leasing the snack shop in May of 2024, has been selling to-go sandwiches out of the permitted snack shop and believes this use to be generally consistent with that of a snack shop. The produce market is no longer operating, and the woodshop portion of the structure is not currently being used. However, the applicant would like to expand its operations into the remainder of the structure and convert the entire structure into a full sit-down restaurant. Thus, the applicant wishes to update Special Permit No. 625 by removing the long-closed woodworking shop and gallery use and amending the permit to convert the entire woodshop/snack shop structure to full restaurant use. No alterations to the footprint of the existing structures are proposed. Interior alterations would be minimal and include converting a small portion of the structure into a second kitchen area for food preparation, converting the storage area to a pool table room, utilizing the existing carport area for walk-in cooler storage and adding furnishings, seating, shelving and other cosmetic changes to the convert the prior woodworking shop into a dining area. Improvements to the existing parking area are also proposed to create a total of eighteen (18) on-site parking stalls, including ADA parking, designated for restaurant patrons. II.PROJECT DESCRIPTION 3A. Project Concept and Components Special Permit No. 625 permitted the operation of a woodworking shop and a snack shop on the subject property. Building Permit No. 901950, issued in 1990, permitted the original wood working shop with a storage area and bathroom and Building Permit No. 970703, issued in 1997, permitted the gallery structure. Subsequently, Building Permit No. 990861, issued in 1999, permitted the existing 28’ x 40’ restaurant/kitchen addition to the workshop building and Building Permit No. 021572, issued in 2002, permitted the addition of an open covered patio, storage and office to the woodworking/restaurant FIGURE 1 SUBJECT PARCEL 6 structure. Additionally, the original cesspool on the property was closed and a new Individual Wastewater System (IWS) was installed and approved for use by the Department of Health in 2018. As the woodworking shop has been closed for several years, the applicant would like to expand the permitted snack shop operations into the otherwise unused woodworking shop space in order to establish a full-service restaurant. The previously permitted gallery/storage structure would be used for restaurant storage. Please refer to Figure 2 for a site plan showing the permitted use of the property and Figure 3 for a conceptual site plan depicting the applicant’s proposed use of the property. The proposed restaurant expansion will require minimal construction to create a small service area/bar and an additional kitchen area and will otherwise involve minor cosmetic improvements and furnishings to utilize the existing space for additional restaurant seating and pool tables. No alterations to the existing footprint of the structure are proposed. The new kitchen will comply with all Department of Health requirements for commercial kitchens. As required, change of use building permits will be obtained from the Department of Public Works Building Division to ensure that the structure is property permitted for the proposed use. Additionally, prior to serving any alcohol, the applicant will obtain a liquor license. The applicant anticipates that the proposed improvements will cost approximately $15,000 and intends to complete all necessary building permits and construction by the end of 2025. Menu items will include a variety of fresh and hot sandwiches and Italian fare. The proposed restaurant will operate from 11:00 a.m. to 9:00 p.m daily, a slight reduction in the previously permitted snack shop hours of 5:00 a.m. – 9:00 p.m. In order to pursue their proposed restaurant expansion, the applicant respectfully requests that Special Permit No. 625 be amended to include the following elements: • Expansion of the permitted snack shop into the woodshop area to increase the restaurant size to approximately 4,000 square feet including two kitchen areas, a bar area, indoor and outdoor seating, a pool table room, an office, two bathrooms and space for a walk-in cooler (see proposed floor plan as Figure 4); • Seating will be available for up to 40 patrons, including the pool room. • Restaurant staff of up to 15 employees • The hours of operation will be between 11:00 a.m. and 9:00 p.m., seven (7) days per week. • Live music will be offered on Friday and Saturday evenings from approximately 6:00 p.m. to 9:00 p.m in an enclosed portion of the restaurant. • On-site parking for up to eighteen (18) vehicles, including one (1) ADA accessible space. • The gallery building will be converted to only storage use. • Access to the property will continue to be from Ahuahu Place. • Buffer landscaping will be provided around the perimeters of the property. • The existing dwelling on the property will continue to be used as the part-time residence of the landowner. PERMITTEDWOODSHOP AREAWITH CARPORTBP #901950 &#932160OFFICEBP#021572ADDITION OF COVEREDPATIO, STORAGE ANDOFFICE BP #901950PERMITTED ASRESTAURANTBP#990861PERMITTEDGALLERYBP# 970703SITE PLAN SHOWINGPERMITTED USE OFSTRUCTURESFIGURE 21324567891011121315161718 OUTDOORSEATING PROPOSED SITE PLAN(P)FORSTORAGE1324567891011121315161718(P)FIGURE 3 PROPOSED FLOOR PLANFIGURE 4 10 The special permit area, including the restaurant structure, parking and driveways would be contained to an approximately 0.5-acre portion of the total 1.037-acre parcel. 3B. Subject Property Description The subject property is located at 17-4003 Ahuahu Place, on the corner of Volcano Road and Ahuahu Place in Mountain View, Puna, Hawaii (Figure 1). It consists of 1.037 acres of land. Access to the parcel is from Ahuahu Place, approximately 170 feet from its intersection with Volcano Road. The property is approximately 9 miles from the nearest coastline and is outside of the Special Management Area. The General Plan’s Land Use Pattern Allocation Guide (LUPAG) designates the parcel as Low Density Urban (Figure 5). It is within the Agricultural State land use district (Figure 6) and is zoned Agricultural 1-acre (A-1a) (Figure 7), but has not been used for agricultural purposes in recent past as the parcel is not well-suited for agricultural use. The Land Study Bureau (LSB) classifies approximately one third of the soils located along the southeast side of the parcel as “D”, or “poor” with the remainder of the soils unclassified (Figure 8) and the parcel is not classified under the Agricultural Lands of Importance to the State of Hawaii classification system (ALISH). The property grounds are landscaped with a mowed lawn, fruit trees, flowers and other ornamental plants. A rock wall on the property borders the adjacent roadways. Existing structures on the property include the permitted woodworking shop with attached snack shop and commercial kitchen, a retail gallery space, a single-family dwelling and a storage shed. The woodshop and gallery have not been operated as such for several years. The existing dwelling and storage shed are not part of the Special Permit area and will remain for the landowner’s personal use. This special permit amendment requests to utilize the entire existing woodshop/commercial kitchen/snack shop structure as a restaurant, and to utilize the existing gallery building for restaurant storage. 3C. Institutional Considerations State Land Use The subject property is designated State Land Use Agricultural (Figure 6) and the requested special permit amendment seeks to utilize an approximately 0.5-acre portion of the parcel. Therefore, no State Land Use Commission action is required. The County of Hawai‘i can process the Special Permit amendment request. In recognition that certain types of uses might not be strictly agricultural in nature, yet reasonable in such districts, Hawai‘i Revised Statutes §205-6 allows County Planning Commissions to permit certain unusual and reasonable uses within the Agricultural and Rural districts other than those for which the district is classified. The subject parcel contains poor soils which are not conducive to agricultural uses. Thus, the primary use of the parcel has historically been as a residence and for commercial use under Special Permit No. 625. ArcGIS Web Map Resource Mapping Hawaii, Maxar, County of Hawaii IT Department Land Use Pattern Allocation Guide (LUPAG) Extensive Agriculture Important Ag. Lands Low Density Urban Hawaii County Zoning (road) A-1a A-20a RS-20 Parcels (current boundary lines) Address Points Street Centerlines Hawaii County District Boundary 8/28/2024, 2:35:52 PM 0 0.07 0.140.04 mi 0 0.1 0.20.05 km 1:4,514 Web AppBuilder for ArcGIS The contents of this map were prepared for informational and planning purposes only and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. FIGURE 5 SUBJECT PARCEL ArcGIS Web Map Esri Community Maps Contributors, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, State Land Use Classifications (SLU) Agricultural Urban Parcels (current boundary lines) Address Points Street Centerlines Hawaii County District Boundary 8/28/2024, 2:40:31 PM 0 0.07 0.140.04 mi 0 0.1 0.20.05 km 1:4,514 Web AppBuilder for ArcGIS The contents of this map were prepared for informational and planning purposes only and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. FIGURE 6 SUBJECT PARCEL ArcGIS Web Map Esri Community Maps Contributors, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Hawaii County Zoning (road) A-1a A-20a RS-20 Parcels (current boundary lines) Address Points Street Centerlines Hawaii County District Boundary 8/28/2024, 2:39:32 PM 0 0.07 0.140.04 mi 0 0.1 0.20.05 km 1:4,514 Web AppBuilder for ArcGIS The contents of this map were prepared for informational and planning purposes only and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. FIGURE 7 SUBJECT PARCEL ArcGIS Web Map Esri Community Maps Contributors, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, Land Study Bureau Soil Type (LSB) C D E Parcels (current boundary lines) Address Points Street Centerlines Hawaii County District Boundary 8/28/2024, 2:40:03 PM 0 0.07 0.140.04 mi 0 0.1 0.20.05 km 1:4,514 Web AppBuilder for ArcGIS The contents of this map were prepared for informational and planning purposes only and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. FIGURE 8 SUBJECT PARCEL 15 Thus, the amended Special Permit request will not adversely affect the preservation and agricultural use of the County’s prime agricultural lands and is not contrary to the objectives sought to be accomplished by the State Land Use Law and Regulations. Special Management Area The subject property is located approximately 9 miles from the shoreline and is outside of the Special Management Area. County Zoning and General Plan The property is zoned Agricultural 1-acre (A-1a) (Figure 7). The County General Plan Land Use Pattern Allocation Guide (LUPAG) map designates the parcel as Low Density Urban (Figure 5). Relative to this designation, the General Plan allows consideration for a “Special Permit” on agricultural land where the requested use meets certain criteria as outlined in Section 4 of this permit application and Chapter 205 of the Hawai‘i Revised Statutes as amended. General Plan Discussion The General Plan provides for the long-range comprehensive development of the island of Hawai‘i. It provides direction for balanced growth in the County. As noted above, the subject parcel is designated as Low Density Urban on the General Plan’s LUPAG map. This designation is intended for residential, with ancillary community and public uses, and neighborhood and convenience-type commercial uses with an allowable overall residential density of up to six units per acre. The requested Special Permit amendment to operate a restaurant is in alignment with the Low Density Urban designation. Additionally, the proposed amendment will be consistent with the following specific goals, policies, and standards of the General Plan document: Economic Element • Provide residents with opportunities to improve their quality of life through economic development that enhances the County’s natural and social environments. • Economic development and improvement shall be in balance with the physical, social, and cultural environments of the Island of Hawai‘i. • Strive for diversity and stability in the economic system. • Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the Country’s cultural, natural, and social environment. • Strive for an economic climate that provides its residents an opportunity for choice of occupation. 16 • Strive for diversification of the economy by strengthening existing industries and attracting new endeavors. • Identify and encourage primary industries that are consistent with the social, physical, and economic goals of the residents of the County. • Identify the needs of the business community and take actions that are necessary to improve the business climate. • Encourage new industries that provide favorable benefit-cost relationships to the people of the County. Benefit-cost relationships include more than fiscal considerations. Discussion: The amendment to allow the expansion of the permitted snack shop into the discontinued woodworking space is in alignment with the above Economic goals and policies of the General Plan. The ability to expand the snack shop into a full service restaurant will allow the applicant greater economic opportunity and increase the success of the restaurant while also supporting employment opportunities in the area. Land Use Element • Designate and allocate land uses in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. • Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. Discussion: The Puna District continues to be one of the largest growth areas on the island. With the increased population comes an increased demand for goods and services, including dining and recreational opportunities. Approval of this request will allow the applicant to utilize the existing commercial improvements on the property to expand the permitted snack shop into a full service restaurant. Additionally, approval of this request will also provide local area residents with an additional dining and recreational opportunity which will not require commuting to Keaʻau or Hilo. Puna Community Development Plan Community Development Plans are designed to translate and implement the goals, policies, and standards of the General Plan as they apply to specific communities and districts. Additionally, they serve as an important framework for a community’s intended outcome and vision and are often used as forum for community input on land- use, availability of public resources, and overall development. 17 The Puna Community Development Plan (PCDP) was developed through the implementation of the 2005 County of Hawai‘i General Plan. The following goals and objectives outlined in the PCDP apply to the project area and proposed development. Land Use Pattern Goals and Objectives • Puna retains a rural character while it protects its native natural and cultural resources. • The quality of life improves, and economic opportunity expands for Puna’s residents. • Enhance the role of existing and new village/town centers by allowing expanded commercial uses, facilitating the development of farmers markets and community gathering places, opportunities for special needs housing, and infrastructure to support more compact development form and multi-modal travel. Discussion: The project is designed to preserve the rural character of the area, by amending an existing Special Permit to continue to utilize the existing commercial structures on the property for small-scale restaurant use. Additionally, the project is intended to improve the quality of life for local families and individuals by providing a space where community members can gather to enjoy a meal and occasional live music. Although not within an area already designated as a village or town center in the PCDP, the subject site and surrounding area is identified as Low Density Urban and centrally located between the Kurtistown and Mountain View Community Village Centers with many other nearby small-scale commercial uses and convenient access off of Volcano Road. Thus, the proposed project will retain the general character of the area while providing increased economic opportunity to the applicant and increased services and recreational opportunity to the community. 3D. Surrounding Zoning and Land Uses The subject parcel and immediately surrounding parcels to the north, east and west were created through the Hawaiiki Subdivision in 1977, are approximately 1-acre in size and are zoned Agricultural 1-acre (A-1a) (Figure 7). Properties to the south, across Volcano Road, are zoned Residential 20-acres (RS-20), as are parcels further to the east, along Volcano Road. These RS-20-zoned parcels range from approximately 0.5-acres to 1-acre in size. Further to the north, west and south are some larger agriculturally zoned properties. The surrounding uses are primarily a mixture of residential and agricultural with some other small-scale commercial-type uses (by way of Special Permit) along Volcano Road within a half mile of the subject site, including the Kingdom Hall of Jehovah’s Witnesses church directly across Ahuahu Place and multiple concession shops/cafes. 18 3E. Flood Insurance Rate Map The Federal Emergency Management Agency (FEMA), Flood Insurance Rate Map (FIRM) designates the subject site as Flood Zone X, which is outside of the 500-year floodplain (Figure 9). There are no identified drainage ways, naturally occurring wetlands, ponds, lakes, or rivers on the parcel. 3F. Archaeological Resources No formal archaeological study was performed in conjunction with this request. However, it is very unlikely any historic or archaeological resources exist on the property, as it has been previously developed in its entirety for residential and commercial purposes and very little ground disturbance is proposed. Nevertheless, in the event any inadvertent discoveries are made during any activity relating to this project, work will cease, and the applicant will immediately notify the Planning Department and the State Historic Preservation Division (SHPD) to secure their clearances before proceeding further. 3G. Floral and Faunal Resources Although there was no formal 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 the subject site as this area has been entirely cleared for residential and commercial use for several years. Vegetation consists of primarily mowed grass and also includes Hapuʻu fern (Cibotium menziesii), Manila palm (Adonidia merrilii), Ti (Cordyline fruticosa) Hibiscus (Hibiscus sp.), and Agave (Agave sp.). Introduced bird species such as dove, Japanese white-eye, house finch, and myna are common in the area. Domestic animals such as cats, dogs, chickens, goats, and other animals such as rats and pigs are also common in the area and not considered endangered. It is also possible for the endangered Hawaiian Hoary Bat (Lasiurus cinereus semotus), and the formerly endangered Hawaiian Hawk (Buteo solitarius) to fly over the area. As this Special Permit request intends to utilize existing structures and does not require any additional land clearing, it is unlikely that the project will have any impact on any floral or faunal resources. 3H. Valued Cultural Resources In view of the Hawaii State Supreme Court’s “PASH” and “Ka Pa`akai O Ka`Aina” decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed. Specifically, there must be a discussion of the cultural, historical, and natural resources and associated traditional and customary practices of this site. In this situation, the subject site is not adjacent and/or proximate to the shoreline. As such, the amendment request poses no fishing and/or coastal access issues. ArcGIS Web Map Esri Community Maps Contributors, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, National Flood Hazard Layer Flood Zones X Parcels (current boundary lines) Address Points Street Centerlines Hawaii County District Boundary 8/29/2024, 2:13:09 PM 0 0.04 0.070.02 mi 0 0.06 0.110.03 km 1:2,257 Web AppBuilder for ArcGIS The contents of this map were prepared for informational and planning purposes only and may not have been prepared for or be suitable for legal, engineering, or surveying purposes. SUBJECT PARCEL FIGURE 9 20 It is not known whether the subject property or immediate surrounding area have ever been used for the gathering of plants by native Hawaiians. However, given the residential and commercial use of the area, it would appear very unlikely that the site would serve such purpose today and/or in the recent past and there is no evidence of traditional native Hawaiian practices occurring on the site. Based on the above, it does not appear that the amendment request would have any potential adverse impact relating to the cultural and historical resources of this area. Nevertheless, in the event documented claims of gathering or access are made of this site the applicant will honor them. 3I. Public Access The site is located approximately 9 miles from the shoreline. There is no public access to the mountains or the shoreline from the property and thus the project will not impact any public access routes. 3J. Description of Access The subject property is located at 17-4003 Ahuahu Place, a County owned roadway with 20-feet of pavement width within a 50-foot right-of-way, on the corner of Volcano Road and Ahuahu Place in Mountain View, Puna, Hawaii (Figure 1). Access to the parcel is from Ahuahu Place, approximately 170 feet from its intersection with Volcano Road. Patrons will park in the designated on-site gravel parking lot and will exit the property from the north or south driveway. The applicant will continue to maintain the grassed shoulders and swale area fronting the subject property. 3K. Traffic Impacts A Traffic Impact Analysis Report (TIAR) was not completed for this amendment request as the applicant expects the requested amendment will result in far fewer than 50 peak hour trips. While the request proposes to expand the food service use of the property and create additional seating, it also removes the woodshop and gallery use and changes the food service use from a snack shop, which would be anticipated to generate shorter, more frequent vehicle trips, to a full-service restaurant which would allow for a greater number of patrons at any given time, but who’s patrons would stay for a longer duration. Thus, the potential traffic generated by the proposed amendment should be relatively similar to, or less than, the potential traffic impacts of the currently permitted uses on the property. According to the Institute of Traffic Engineers Trip General Manual, 11th Edition, potential PM peak hour traffic anticipated for the currently permitted woodshop, gallery and snack shop use would be approximately 34.8 trips. Under the proposed amendment to remove the woodshop and gallery use and expand the snack shop into a larger full- service restaurant, potential PM peak hour traffic is anticipated to be only 25.74 trips. 29.9 trips. 21 3L. Availability of Utilities Water The subject site is served by the County Department of Water Supply (DWS) through an existing waterline within Ahuahu Place, which fronts the subject parcel via 5/8” meter, which is limited to an average daily usage of 400 gallons. Consultation with DWS indicates that water usage at the property has been consistent with its daily allotment, but if necessary, additional water could be provided. The applicant will submit water usage calculations to the Department of Water Supply and install any water facilities that are required to provide water to the proposed development. Wastewater The original cesspool on the property was filled and a new Individual Wastewater System (IWS) was installed and approved for use by the Department of Health in 2018. The IWS consists of one 1,000-gallon and two 2,000-gallon tanks with two absorption beds and was constructed for restaurant use (Exhibit A). Other Utilities Solid waste will be handled by commercial haulers. Electrical and telephone service is currently available to the property. Police, fire and medical facilities are available in Keaʻau, approximately 4.5 miles from the project area. III.REGULATORY ANALYSIS 4A. Coastal Zone Management The proposed use is not contrary to Chapter 205A, Coastal Zone Management as the subject parcel is approximately 9 miles inland from the shoreline. The project will therefore not be impacted by coastal hazards, affect erosion, coastal ecosystems, or marine resources. There is no public access, scenic or open space resources that will be impacted by the project. 4B. Impacts to Surrounding Properties Noise and Scenic Views The proposed restaurant will not have a significant impact on the surrounding properties. The proposed restaurant facilities will utilize existing structures and thus will not alter any existing view planes or significantly alter the look of the area. Buffer landscaping in keeping with the surrounding area will be utilized to give the property an attractive and cohesive look. Additionally, noise and dust concerns related to construction activity should be minimal and short-lived. While some minor groundwork will be necessary to 22 improve the existing gravel parking area, those improvements will be completed quickly and efficiently so as to minimize the noise impact. Long-term noise impacts should also be minimal. Live music will be contained within the restaurant, will not go past 9:00 p.m. and will be amplified at a low volume. If required, a sound decibel reader can be installed within the restaurant to ensure that sound levels do not exceed those required within the residential district. While traffic to and from the site may also serve as a source of noise, that noise impact will be minimal as the dominant source of traffic noise will continue to be from Volcano Road. Traffic Traffic is not expected to increase significantly during peak traffic hours under the request. While the request proposes to expand the food service use of the property and create additional seating, it also removes the woodshop and gallery use and changes the food service use from a snack shop, which would be anticipated to generate shorter, more frequent vehicle trips, to a full-service restaurant which would allow for a greater number of patrons at any given time, but who’s patrons would stay for a longer duration. Thus, the potential traffic generated by the proposed amendment should be relatively similar to, or less than, the potential traffic impacts of the currently permitted use of the property. Thus, traffic associated with the proposed use should have a minimal effect on the existing Volcano Road traffic. Additionally, as the subject property is located on the corner of Volcano Road and Ahuahu Place, the project area has quick and convenient access from the highway with adequate site distance in both the east and west directions. Furthermore, the proposed parking area improvements will provide sufficient on-site parking for restaurant patrons and staff. Vehicles will not be permitted to stop or park along Ahuahu Place. Finally, given the very limited dining options in the area, the proposed restaurant may, in a small part, help alleviate traffic congestion to and from Hilo by providing a restaurant to conveniently serve the nearby community. 4C. Impacts to Public Agencies The proposed project will not unreasonably burden public agencies to provide roads, streets, sewers, water, drainage, school improvements, and police and fire protection. The site is already accessible via maintained County and State roadways, County water is already available to the site, a County fire hydrant fronts the parcel, the property contains an individual wastewater system and police and fire protection services already exist in the area. 4D. Unusual Conditions Hawai‘i Revised Statues §205-6 allows the County Planning Commission to permit certain unusual and reasonable uses within the Agricultural and Rural districts, 23 acknowledging that lands within Agricultural districts might not be best suited for agricultural activities. The Puna District continues to experience the highest growth rate in the County. The growing population requires an increase in a variety of services, including dining options. However, Upper Puna remains underserved by such services. The limited sit-down restaurant options available in the area requires area residents to drive to Keaʻau or Hilo to seek such services and thereby contributes to traffic congestion in those areas. Although the subject parcel is technically zoned Agricultural, its size and poor soil quality render it unsuitable for any intensive agricultural use. Additionally, as the property has already been developed with a commercial kitchen and accompanying adequate wastewater system, use of the property as a restaurant would be reasonable. 4E. Land Suitability for Permitted Uses While the subject property is located within the State Land Use Agricultural District and zoned A-1a, a small portion of the property fronting Volcano Road is classified as “D” or “Poor” soil by the Land Study Bureau (LSB) and the remainder of the property is unclassified by both the LSB and the State Department of Agriculture’s ALISH system. The poor soil quality and small size of this parcel make it unsuited for productive agricultural use. Additionally, the proposed restaurant expansion will occupy the existing commercial structure and will not interfere with any permitted uses on the property. 4F. Land Character and Present Use The proposed use will not substantially alter or change the essential character of the land and its present use. The property has already been developed with a dwelling, which will continue to be used by the landowner, a shed, two commercial structures which were previously permitted for use as a snack shop with a commercial kitchen, a woodshop and a gallery and a restaurant-grade individual wastewater system. The property also already contains a paved driveway entry and gravel parking area. As the woodshop and gallery have long been closed, this amendment request proposes to utilize the existing improvements on the property by expanding the permitted snack shop into the woodshop area to create a full sit-down restaurant and to convert the gallery building into storage for the restaurant. Thus, the proposed Special Permit amendment will not substantially change the existing character and present use of the land. Rather, it will realize the full potential of the otherwise unused existing commercial structures and improvements on the property by expanding the already permitted snack shop into a full restaurant. 4G. Relationship to General Plan The proposed use will not be contrary to the goals, polices, and standards of the General Plan and other applicable documents such as the Puna Community Development Plan. Details regarding specific economic and land use goals supported by the proposed request are provided in Section 3C of this report. 24 4H. Unusual and Reasonable Use The requested amendment to allow for the expansion of the permitted snack shop into a larger sit-down restaurant, while unusual within the Agricultural District, is reasonable as the property is not suitable for agricultural uses and has instead long been used for commercial uses. Additionally, the proposed restaurant expansion will utilize an existing commercial structure which already contains a certified kitchen. The request is designed to require minimal alteration to the existing facilities on the property and allow the applicant to realize the higher potential of the property while also providing nearby area residents with a convenient dining and recreational opportunity in an area that that has very limited dining options. '? Apii j Department of Health - Wastewater Braneh Individual Wastewater System tlWS) - Construction lnspection Report P/ease Print or Type Inspectods Name: fanTER Jrtqvr en0., P.. F , Date of Inspection: !-t tbll ]ZAB- TMK: (3 )l- 1* o1-t ,,QLs Fermit l.D. #: {lWS File #)5g6sg TEtrToxI RALK R€sTAUQ.ANT I"Id<Project Name: Site Address;t1 -4003 Aur.rrnttl,L Pr--GeneralArea: Trenches I Bed (circle one): # of Trenches 1 Bed: 2 BED<Gravel & Lining verified: ggp / Soil Replacement: qspi Seepage Pit: I Length: 35' Width: No (circle one) No {circle one) >5C' YesINoJNA Ye5 Three (3) Feet of suitable Soil Below Trench / Bed , lg! Soil Profile Observation at a Minimum Depih of Five (5) Feet Ves {lf you answer NO to the question above, please attach a site evaluation / percolation test form showing the soil profile observation at a minimum $gRth of five (5) feet'i SEE ArrACnbn 5 ttr EyALUAT tdN /lERcoLATloil tE 3f FdlR|t\ Contrastor:SHnwru ' , BntiqgS/5a,qfeX -5or-,.7,r r s License *: CT'3ftb1b A, C-9, C-37, C-374, @License type: {Gircle one only, No Others} Techniqal Information: Grease Interceptor (if applicable): Make / Model: Af ' t ' Septic Tank / Aerobic Unit {circle one}: Make I Model: , N F, t'IAi]g8 For Aerobic Unit a copv of executed service contract must be included. Disposal System: (Check One) /l'z t Diameter:Depth: Pit Lining TYPe: lf not lined, attach justification House Construction: {Circle One)@t Partial / staked Setback Distance (shortest) between IWS and the Followings are measured in feet and recorded on as-buili. At least three (3) distinct points must be referenced: Buildings: -{ ,Property Line: ----ll-- - . Stream: ---i Ocean at Vegetation line: > b s .. , Welsl > |OOS ilf Applicable) Item Verified: EXHIBIT A l Page 2 Abandoning Existing Cesspool: (Check One) For Large Capacity Cesspool {Less Than 1000 gpd) (Please submit l-CC Backflling Connpletion Form) For Regular Cesspool, Filled, Abandoned or Render it Safe: For Conversion to a Seepage, Pumped & Cleaned: @r Yes Yes No No No No I I tT Lisr of changes Made to Approved rws ptans: aulS qELOCAtrE t| PER drrA<H.Eb . A5- RUILT 5IT E PI.ANI Iv As the engineer performing ihe above final IWS inspection, check one of the following statement: The IWS has been installed in strict accordance with the plans that were submitted and approved of by the Department of Health. Noted deficiencies anO f or(ffiiGlto lhe approved plans have been addressed by the homeowner, contractor, anil?$pfiFand the finalas built IWS is acceptable to me' Final construction of the IWS cannot be completed for the following reasons: Construction of the IWS is not in accordance with the approved plans and I do not accept the changes made to the plans designed by me. Signature, Enclosures: 4lc.zlt\Date As-Built Plans, Stamped and Signed by Engineer Photographs of Treatment Unit, Disposal System, Overview of lWS, Contractor Certification Form IWS Conslruction Inspection Reporl - Revised Apnl2O16 DEPARTMETT{T OF HEALTH. WASTEWATER BRANCH II{DTVIDUAL WASTEWATER SYSTEM {TWS) . SITE EVALUATION / PERCOLATION TEST Elevation: ll03 Date lTime: Zl?t/lU f :3C *.in.Tesrperforrneauv: fA<TOt FornO(O o$ner: SgUflX Bntl<TMK: (: | -1-czl'0L5-- l-eet feet below grade feet belorv grade inches to1 5"101r, grade Soil Profile (color iexture^ o$er) 3 Depth to Groundualer Table:>?t Depth to Bedrock (if obsen"ed): Diameter of Hole: la Depth to Hole Bottom:l- t Depth-iaches blorv gade D- 4t'\,/ro86rrs c71 R6D lB- cr-llPERCOLATION READINGS: \-a-.,u:"lr.-"t Time l2inchesof water@u..,uyt L -* mittG; Time 12inch{rsofwatertoseeDawav: 1 minutes Chcck one: _{_ Percolation tests in sandy soilq rccorded time intervals and rvater drops at least erery l0 minutes for at leasf I hour. Percolation tesls in no-sandy soils, presoaked the test hole for at least 4 hours. Recorded time intervals and water drops at least elery l0 minuter for I hourof time for the first 6 inches to seep au'a]. in greater than 30 minutes record time intervals and rvater drops at lest every 30 minutes for 4 hours or until 2 successive drops do not vary by rnore than l/16 inch- Tirne Iatalval S rnrr.l Drop iu Inches Droo in InchesTime Inlgn'al ss-s 5_.5 A 5 s_ Percolation Rate (timelfiuaL water level drop):minutes/inches As the engiaeer responsible for gathering and prol'iding site information and percolation test results, I attest to the fhct tirat above site intbrma-tion is accluate and that the site evaluation was conducted in accordmce r.rith the provisicns of Chapter I162, "trV the rcsults rtere aoceptable- I also attest that three tbet of suitable soil cxist betrveen tlre system and the groundrvater table or any other limiting .f t" b 6 s._5_5 laver. +/ro/zo ,o, Baen L!1f-5 CR ENGINEERING LLC CARTER ROMERO, P.E. $08r 933-2972 SHEET NO. co'cur.unoey . cLA ^* */ tL/tg CHECKED BY DATE :i :: t:| 't ItI,',t,It. I f,z-r .. l :.: -AB50RPf roN bED \ \ .l; l: III' : -l -' I :-- ----r *f i. i 1 --..i- ' ,L'*:-1*i--*, 35'. :- :8Y: MEOR'UNDERMY-- , , r jSUPERVIS}ON : : lh;nsr elrpjfes: )bi *7 ._+.L5, 5. <3.-7 1.4*.d. ,Lj. Ji {J-i 7' olo , 1 , t-l'40 CR ENGINEERING LLC 32O Kuxuau Sr. Huo, Hr 9672c- pHoNE (BOA) 933,-2972 CROME Ro@HAwAIIANTE L. N ET April22,2O18 oVERVTEW OF INDTVIDUAL WASTEWATER SYSTEM (tWS F|LE NO. s96sS) 174003 Ahuahu Place Mtn. View, Puna, Hawaii Tax Map Key: (3) 1-7-A21:025 Property Owner: Jewon Baek Owneds Mailing Address: 170 SW 150h Ave., Beaverton, OR 97006 The referenced Individual Wastewater System was inspected April 16 and 18,2A18. The new septic tanks and one absorption bed were in place and ready to be completed and backfilled on April 16. The second absorption bed was inspected and found acceptable on April 18. The system was installed per the approved plans, but relocated as shown on attached as-built site plan. The new location is acceptable. The existing large capacity cesspoolwas backfilled on April20. CnnrEn RoMERo, P.E. Hewelr Srrre LcerusEs CE l55ol & C- 16,944 ,' ,': : li ::i! : . : :. ' : . | . l-' ',1.':111. t . "' Subjm DEPARTMXX{T OX' EEALTff . WASTNWA'IM, BruINCH TNDMDUAL WASTEWATER SYSTEM (nIVS) iolirnlcro[-cnn lcarroNronu - I a i ^.hdividual Wastewater Sysem ron TE W O-nJ B n 6 lL TaxMapKey(TMKlNuurben(3) i - fl - ;lt *tF=..'- Address ifapplicable I J I l.f?-08 (er: AIt wasu,st€r systems shall be constructed or modifieal by a person mretiug tbe rcqi*emene of ohapto 444, I-iRS, and aay pertinent nrles adopted by the Department of Commerce and Consumer Aftirs, Sate of Hawafi 1 Tg-Xrnrn bag\a , tbe oumer of the subject qrstem, have read the above {please printname} and undersDnnd thet mywastewater systsm mustbe conshr&'ted orexpanded,ly a licensed contnactor meeting the above rcquiremenb. Lice"nsct3ryg: (q-rclsoneonly,NoOthers) A, C-9, C-37, C-3?q fte following persn has constsucted or oryanded my wastcrrater sy$em: Darte: +/re/$ \p,r-tpr( \U vhDv'\ E qltr&tlr Te Carter Romero CR Engineering, LLC 320 Kukuau Street Hilo, HI 96720 April 27, 2018 Dear Sir/Madam: Subject: Individual Wastewater System (IWS) for Owner/Lessee: Jewon Baek Project Site: 17-4003 Ahuahu Place, Mt. View, HI TMK: 317021025 IWS File No.: 59658 (Septic Tank) Old File No.: N/A We have received your IWS final inspection report, Certification of Construction and As Built Plans for the above IWS. Information submitted to us indicates that the installed IWS meets applicable provisions of Hawaii Administrative Rules, Title 11, Chapter 62, entitled Wastewater Systems. The subject IWS is hereby approved for use. As the professional engineer responsible for the Certification of Construction, please inform your client that the above IWS is approved for use. You are also responsible for seeing that your client receives a copy of this Approval for Use letter together with the IWS as-built plans. We strongly recommend that you discuss the necessary operation and maintenance of the individual wastewater system with your client. Emphasis should be placed on periodic inspections of scum and sludge accumulation as well as informing them not to dispose of materials that could affect the operation of the wastewater system. If the IWS is an aerobic system, please inform your client that an active service contract must be maintained. Furthermore, the Department of Health may perform an annual inspection of the subject wastewater system for compliance with our Chapter 11-62 rules. Should you have any questions, please feel free to contact Amy Cook at 933-0401. Sincerely, SINA PRUDER, P.E. Chief, Wastewater Branch STATE OF HAWAII DEPARTMENT OF HEALTH P. O. BOX 3378 HONOLULU, HI 96801-3378 DAVID Y. IGE GOVERNOR OF HAWAII VIRGINIA PRESSLER, M.D. DIRECTOR OF HEALTH In reply, please refer to: File: JOSH GREEN, M.D. GOVERNOR OF HAWAII KE KIA'AINA 0 KA MOKU'AINA 0 HAWAI'I MEMORANDUM DATE: November 15, 2024 STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 TO: Mr. Zendo Kern Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief KENNETH S. FINK, M.D, MGA, MPH DIRECTOR OF HEALTH KA LUNA HO'OKELE SUBJECT: Special Permit Amendment Application (PL -SPP -2024-000076) Special Permit No. 625 (SPP -86-000014) Applicant: Wyatt's Place LLC Request: Amendment to Special Permit No. 625 (SPP -86-000014) to Remove the Woodworking Shop and Gallery Use and Expand the Existing Certified Kitchen/Snack Shop Use to Establish a Restaurant Tax Map Key: (3) 1-7-021:025; Mountain View, Puna, 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 Zendo Kern November 15, 2024 Page 2 of 4 1. All project activities shall comply with the Hawaii Administrative Rules (HAR), Chapters 11-59 and 11-60.1. 2. Control of Fugitive Dust: You must reasonably control the generation of all 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 construction. The applicable maximum permissible sound levels, as stated in Title 11, HAR, Chapter 11-46, "Community Noise Control," shall not be exceeded unless a noise permit is obtained from the Department of Health. 3. Construction/Demolition Involving Asbestos: If the proposed project includes renovation/demolition activities that may involve asbestos, the applicant should contact the Asbestos and Lead Section of the Branch at https://health.hawaii.gov/irhb/asbestos/. Zendo Kern November 15, 2024 Page 3 of 4 Safe Drinking Water Branch 1. Agencies and/or project owners are responsible for ensuring environmental 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 342I, and HAR Chapters 11-58.1 and 11-282. Generators and handlers of solid waste shall ensure proper recycling or disposal at DOH -permitted solid waste management facilities. If possible, waste prevention, reuse, and recycling are preferred options over disposal. The Office of Solid Waste Management also oversees the electronic device recycling and recovery law, the glass advanced disposal fee program, and the deposit beverage container program. 3. Underground Storage Tank Program — The state regulations for underground storage tanks are in HAR Chapter 11-280.1. These rules apply to the design, operation, closure, and release response requirements for underground storage tank systems, including unknown underground tanks identified during construction. 4. Standard comments for the Solid & Hazardous Waste Branch can be found at: https://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. The proposed restaurant needs to meet the requirements of Chapter 50, Food Safety Code. Please call our office (Ph. 933-0917) for consultation and additional information. Other 1. CDC - Healthy Places - Healthy Community Design Checklist Toolkit Zendo Kern November 15, 2024 Page 4 of 4 recommends that state and county planning departments, developers, planners, engineers, and other interested parties apply these principles when planning or reviewing new developments or redevelopment projects. 2. If new information is found or changes are made to your submittal, DOH reserves the right to implement appropriate environmental health restrictions as required. Should there be any questions on this matter, please contact the Department of Health, Hawaii District Health Office, at (808) 933-0917. County of Hawaii is an Equal Opportunity Provider and Employer DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII HILO, HAWAII DATE: December 31, 2024 Memorandum TO: Jeff Darrow, Planning Director FROM: Department of Public Works, Engineering Division SUBJECT: Special Permit Application (PL-SPP-2024-000076) Special Permit No. 625 (SPP-86-000014) Applicant: Wyatt’s Place LLC Request: Amendment to Special Permit No. 625 (SPP-86-000014) to Remove the Woodworking Shop and Gallery Use and Expand the Existing Certified Kitchen/Snack Shop Use to Establish a Restaurant TMK: 1-7-021:025. We have revised our comments below from our initial memo dated 11/29/24:: 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 Ahuahu Place, a County right-of-way, shall comply with Hawaii County Code, Chapter 22, County Streets. Questions may be referred to Robyn Matsumoto at 961-8924. WATERS Off:' 191 49' o P DEPARTMENT OF WATER SUPPLY • COUNTY OF HAWAI`I 345 KEKUANAO'A STREET, SUITE 20 • HILO, HAWAII 96720HHAWA4, TELEPHONE (808) 961-8050 • FAX (808)961-8657 December 5, 2024 DEC TO: Mr. Jeffrey Darrow, Director L r, FYI• Planning Department FROM: Keith K. Okamoto, Manager-Chief Engineer SUBJECT: Special Permit Amendment Application (PL-SPP-2024-000076) Special Permit No. 625 (SPP-86-000014) Applicant-Wyatt's Place LLC Request-Amendment to Special Permit No. 625 (SPP-86-000014) to Remove the Woodworking Shop and Gallery Use, and Expand the Existing Certified Kitchen/Snack Shop Use to Establish a Restaurant Tax Map Key 1-7-021:025 We have reviewed the subject application and have the following comments. Please be informed there is an existing 5/8-inch meter serving the subject parcel,which is limited to one(1)unit of water. For your information, one (1) unit of water is equal to an average daily usage of 400 gallons, which is suitable for only one (1) single-family dwelling. Due to the anticipated increase in water demand with the proposed restaurant, the Department's existing water system facilities cannot support the proposed project at this time. Extensive water system improvements and additions would be required to provide additional water, which may include, but not be limited to, additional source, storage, booster pumps, and transmission facilities. Currently funding is not available from the Department and no time schedule is set for such improvements. 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, CPC7DçyL Keith K. Okamoto, P.E. Manager-Chief Engineer RQ:dfg copy— Wyatt's Place LLC Land Planning Hawaii Water, Our,Most Precious Resource . . . Ka WaiA Kane . . . The Department of Water Supply is an Equal Opportunity provider and employer. 194 Wiwoole St. Hilo, HI 96720 (808) 333-3393 info@landplanninghawaii.com January 9, 2025 Mr. Jeffrey Darrow Planning Department COUNTY OF HAWAII 101 Pauahi Street Hilo, HI 96720 Dear Mr. Darrow: Subject: Additional Information Regarding Request to Amend Special Permit No. 625 (PL-SPP-2024-000076) Applicant: Wyatt’s Place Agent: Land Planning Hawaii LLC Mountain View, Puna, Hawaii TMK: (3) 1-7-021:025________________ This letter is intended to address the Planning Department’s follow-up questions and comments from other agencies with regard to the subject application. The application is requesting to amend Special Permit No. 625 in order to operate a restaurant on the subject property. The property is located at 17-4003 Ahuahu Place, on the corner of Volcano Road and Ahuahu Place in Mountain View, Puna, Hawaii. Special Permit No. 625 was first amended in 1998 to include a certified kitchen/snack shop and related improvements. It appears that the landowner/applicant at that time made good faith efforts to comply with the conditions of the Special Permit by obtaining Final Plan Approval and completing Building Permit No. 990861, which permitted a restaurant addition to the existing workshop with a seating area. The current landowner later purchased the property in 2017 with the understanding that it contained a permitted restaurant. She then installed an improved Department of Health approved restaurant individual wastewater system and her different lessees have been operating the property as a restaurant and food market for several years with no known notices of violation or water use overage issues with the Department of Water Supply (DWS). Recently, the applicants, who took over the lease of the property with the intention of running a family restaurant on it, learned that they needed to apply for a Special Permit Amendment in order to update the “snack shop” use to “restaurant” use. It was during this process that they discovered that the prior landowner had not complied with the DWS Special Permit Amendment conditions from 1998, which had required the installation of a new, larger meter and submittal of water calculations. The prior landowner, Mr. Daniel DeLuz, has since passed and we do not know why he did not complete the DWS conditions, but can only assume it was due to an oversight or misunderstanding since he completed all other conditions and obtained Final Plan Approval and a building permit for a restaurant. The applicants only became aware of these shortcomings from a December 5, 2024 letter from the Department of Water Supply informing your department that that the property still contains a 5/8-inch meter, limited to 400 gallons per day. Since that time, we have been in discussions with DWS. As the property has been used as a restaurant for several years, with no apparent burden to the existing DWS infrastructure and we have years of prior water usage history to pull from to estimate what the water needs of the project will be (approximately 700 gallons per day), it appears the DWS will be willing to formally allot the additional water needed to support the proposed amendment. However, those discussions are ongoing. Should DWS not agree to allot the additional water needed, the applicant will install a 10,000-gallon water tank to store potable water trucked in by a commercial water hauler in order to serve the restaurant. The tank will be a closed system, meeting Department of Health requirements, and will only be filled with municipal potable water. With regard to the size of the Special Permit area, the applicant would like to continue to include the entire 1-acre parcel in the Special Permit. We trust that everything is in order for your acceptance and processing of this additional information. If not, or if there are questions relating to this matter, please feel free to direct them to me. Thank you very much. Sincerely, John Pipan Planning Administrator From:Natasha Provo To:WPCtestimony Subject:Wyatt’s Place permit Date:Tuesday, January 21, 2025 3:28:50 PM Please allow Wyatt’s Place their permits to open fully in their space. They are a great asset to our community. We all appreciate having a dining option in our area. Natasha Provo Sent from my iPhone From:Parents To:WPCtestimony Subject:Letter of Support: Wyatt"s Place Date:Tuesday, January 21, 2025 3:46:15 PM Good afternoon. I'm writing in support of issuing a permit, amending the zoning to allow for a restaurant located at 17-4003 Ahuahu Pl, Keaau, HI 96771. This location has been operating in the capacity of a restaurant for many years. The current owners have brought value to our community with the addition of a restaurant which would continue to serve a variety of meal options. In the interest of best use of the space, the continuation of a legacy restaurant in our community, and allowing fair access to operate a business, I am in favor of issuing all necessary permits and zoning adjustments/changes required for a full service restaurant to operate at this location. Mahalo for your time and consideration. Sincerely, David Luetticke-Archbell 808-345-4506 858-220-3333 From:Brian Fields To:WPCtestimony Subject:Wyatts place Date:Tuesday, January 21, 2025 5:43:00 PM Aloha, to whom it may concern, as a member of the mountain view community I am 100% in support of Wyatts Place restaurant. Brian FieldsPo box 195 Mountain View, Hawaii96771 808-895-4437 From:Elana Kahana To:WPCtestimony Subject:Support for Wyatt"s Place Permits Date:Friday, January 24, 2025 6:41:45 AM To whom it may concern; My name is Elana Kahana and I am a resident of Mountain View. I am writing today to show my support for Wyatt’s Place, a small family owned and run local business. The community of Mountain View has been in need of a place where locals can gather, communicate and grow our sense of community. Wyatt’s place is in an ideal location for just that place. This restaurant/bar can become a greater contributor to the community. Who does not enjoy leaving work and stopping by the local community bar, having a drink, meeting friends, and unwinding after a long day. And what better place to do it at, then a locally run, locally owned business that is giving back to the community. I am asking for the planning committee to approve Wyatt’s Place permits, so that we as acommunity will have a place we can call our own. Where we can gather, and build a communitytogether. Thank you for your time, Elana Kahana Mountain View, Hawaii 201-892-7076