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HomeMy WebLinkAboutPD Background Report (PL-SPP-2026-000123)-1- B.Byron.Korotie.SPP COUNTY OF HAWAI‘I PLANNING DEPARTMENT BACKGROUND REPORT PAUL BYRON & HEATHER KOROTIE SPECIAL PERMIT APPLICATION (PL-SPP-2026-000123) PAUL BYRON & HEATHER KOROTIE are requesting a Special Permit to allow a five (5)-bedroom bed and breakfast and massage/wellness services within a proposed five (5)-bedroom dwelling on a 1.716-acre property within the State Land Use Agricultural District. The subject property is located on the northeast end of Kahau Place, 275 feet north of its intersection with Napoʻopoʻo Road, Kahauloa 2nd, South Kona, Hawaiʻi, TMK: (3) 8-2-008:079. APPLICANTS’ REQUEST 1. Request: The applicants reside on the subject property in the additional farm dwelling and are requesting a Special Permit to establish a 5-bedroom bed and breakfast (B&B) operation within the first farm dwelling and massage services. The proposed B&B will accommodate a maximum of ten (10) guests. 2. Staffing/Employees: The bed and breakfast establishment will be operated by the applicants. 3. Parking: Off-street parking is available as the applicant has designated an unpaved clear and graded area for up to 6 parking stalls for guests of the B&B and massage operations. 4. Hours of Operation: The bed and breakfast will operate daily, with the massage treatments limited to two (2) sessions per day (up to 10 per week) by appointment only between the hours of 9:00 am and 6:00 pm. 5. Reason for Request: According to the applicants, they would like to establish a bed and breakfast and massage services to generate supplemental income by offering rooms to short-term guests while sharing the unique environment of the area with visitors. The revenue generated by the operation will be used to maintain the property and continue to cultivate their agricultural vision for the property. -2- 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. Landowners: Paul Byron & Heather Korotie. 8. Supportive Information: A Special Permit is required to operate a bed and breakfast establishment in the State Land Use Agricultural District. The applicant has submitted the attached in support of the request. (Planning Department Exhibit 1 – Special Permit Application received April 7, 2026) STATE & COUNTY PLANS 9. State Land Use District: Agricultural. 10. General Plan 2045 Land Use Designation: Productive Agriculture (PA), which includes lands with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors (5-acre minimum lot size). Dwelling density up to 1 unit per 5 acres, although additional may be allowed with permitted additional farm dwellings. The permit area was classified as PA due to its location within the Kona “Coffee Belt.” 11. County Zoning: Family Agricultural-1 acre (FA-1a). 12. Kona Community Development Plan (KCDP): The Kona Community Development Plan was adopted on September 25, 2008 by Ordinance 08-131 and most recently amended on September 18, 2019 by Ordinance 2019-091. The subject property is located outside the South Kona “Rural Town TOD” on the KCDP Land Use Map. 13. Special Management Area (SMA): The property is within the County’s Special Management Area. The subject property is approximately 4,700 feet from the closest coastline. Construction of the dwellings were completed under SMA permits number 64 and 173. 14. Coastal Zone Management: The entire State of Hawai‘i lies within the Coastal Zone Management area. -3- DESCRIPTION OF SUBJECT PROPERTY AND SURROUNDING AREA 15. Subject Property: The subject 1.716-acre property is improved with two dwellings. The first farm dwelling is a 3-story structure in the northeast corner of the property which is permitted to have 1-bedroom. The applicants are currently seeking a building permit, application number PW.B2026-001050, to change the use of existing rooms to create a 3-bedroom structure. They will obtain a new as-built building permit to legalize a detached 2-story 2-bedroom structure for a total of a 5-bedroom B&B. The second dwelling is a 1-story additional farm dwelling located at the southwest corner of the property with a garage and an ag processing structure, which is occupied by the applicants. There is also a permit-exempt gazebo that will require a building permit to establish massage services within this structure. While a building permit is being obtained, the applicant proposes to use the ground floor of the proposed B&B for massage services. The applicant states that agricultural uses on the property consist of ongoing cultivation of a variety of just under 300 fruit bearing plants that produce between 5,000 & 10,000 pounds of fruit such as a variety of mangos, banana, papaya, lilikoi, pineapple, a variety of citrus, avocado, ulu, figs, mulberry, suriname cherries, vegetables and herbs as well as a variety of flowers. 16. Surrounding Zoning/Land Uses: Properties surrounding the subject property are zoned Family Agricultural-1 acre (FA-1a) and Agricultural-5 acres (A-5a), with uses consisting of agriculture, farm dwellings, and vacant lands. The closest residence to the subject property is located approximately 20 feet to the west (makai). 17. U.S.D.A. Soil Type: Soils on the subject property are classified as Kainaliu very stony silty clay loam, 12 to 20 percent slopes (KDD). 18. Land Study Bureau’s Detailed Land Classification System: Soils within the project site are classified as “E” or “Very Poor” for agricultural productivity. 19. Agricultural Lands of Importance to the State of Hawai’i (ALISH): Soils within the project site are classified as “Other” by the Agricultural Lands of Importance to the State of Hawaiʻi. -4- 20. Flood Insurance Rate Map (FIRM): The property is classified as Flood Zone “X,” (Area of Minimal Flood Hazard) according to the FEMA Flood Insurance Rate Mapping system. 21. Flora/Fauna Resources: No formal flora/fauna study was conducted as the proposed use will be conducted within the existing structure. The area surrounding the dwellings have been extensively cultivated with various plants and crops. Therefore, the likelihood of any rare or endangered species, habitat or flora being impacted by the requested use is highly unlikely. 22. Archaeological/Cultural/Historical Resources: No archaeological and cultural study was conducted of the property as the subject property has been previously impacted by ground-disturbing activities associated with previous agricultural and residential development. According to the applicant, there are no known customary or Native Hawaiian cultural rights exercised within the subject property. 23. Public Access: There is no record of a designated public access to the shoreline or mountain areas that traverses through the subject property. PUBLIC UTILITIES AND SERVICES 24. Access/Parking/Traffic: The subject property is located approximately 3.4 miles down Napoʻopoʻo Road from its intersection with Hawaiʻi Belt Road and approximately 380 feet up Kahau Place. According to the Hawaiʻi County Zoning Code Section 25-4-51(a)(2), a bed and breakfast establishment must provide one parking stall for each guest bedroom and one stall for the dwelling, which the applicants have complied with by providing parking for up to 8 vehicles. The applicants state that there will be no influx of traffic since only guests and massage clients will be visiting the site and parking will only be allowed onsite. Additionally, there will not be any gatherings, events or parties. 25. Water: The subject property is serviced by the County' s water system with a daily average usage of 400 gallons per day. There is also a water catchment system to supplement the water supply for non-potable use. Bottled water will be provided for guest consumption. 26. Wastewater: The subject property is not served by the existing county sewer system; thus, the applicant shall follow Department of Health (DOH) regulations -5- for wastewater. Wastewater disposal for the property is currently provided by two existing cesspools, which the applicant initially proposed to continue to use. However, as noted in comments from the Office of Planning and Sustainable Development (OPSD), existing cesspools must be converted to septic systems by 2050 or as required by DOH. OPSD recommends that the applicant ensure the current system has capacity for increased usage as well as consult with state and county entities for cesspool to septic conversion., The applicants have stated they are in the process of exploring other options that meet DOH regulations. 27. Solid Waste: Any solid waste generated by the proposed B&B operations will be disposed of by commercial solid waste disposal companies or, as convenient, by the B&B host. 28. 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. 29. Essential Utilities and Services: The property is currently serviced by HELCO for electricity and supplemented by Photovoltaic. Hawaiian Telcom provides telephone services with cellular service is available also. The nearest fire and police stations are located in Captain Cook which is approximately 1.4 miles from the subject property. AGENCY COMMENTS 30. Department of Finance - Real Property Tax: (Planning Department Exhibit 2 – May 19, 2026, Memo) 31. State Department of Health: (Planning Department Exhibit 3 – May 26, 2026, Memo). 32. Department of Public Works – Building Division: (Planning Department Exhibit 4 – May 29, 2026). 33. State Office of Planning: (Planning Department Exhibit 5 – June 9, 2026). 34. Department of Water Supply: (Planning Department Exhibit 6 – June 10, 2026). -6- AGENCIES – NO COMMENTS/NO CONCERNS 35. Department of Public Works – Engineering Division, Police Department. AGENCIES – NO RESPONSE 36. Department of Environmental Management, Fire Department, Department of Health Solid Waste, Land Use Commission, Department of Agriculture, Department of Land and Natural Resources – Land & Engineering Divisions. APPLICANT’S RESPONSE TO AGENCY COMMENTS 37. Letter from Heather Korotie: (Planning Department Exhibit 7 – July 17, 2026, Memo). PUBLIC COMMENTS 38. Letter from Barbara DeFranco: (Planning Department Exhibit 8 – July 20, 2026). SPECIAL PERMIT APPLICATION PROPOSED 5-BEDROOM FARM STAY, BED AND BREAKFAST PAUL BYRON & HEATHER KOROTIE 82-5680 KAHAU PLACE, CAPTAIN COOK TAX MAP KEY: 8-2-008-079 A. PROPOSED USE: Paul Byron and Heather Korotie (“Applicants”) request a special permit to establish a 5‑bedroom farm‑stay bed and breakfast (“B&B”) with a maximum of 10 guests and a small, low‑impact onsite wellness/massage practice operated by the Applicants, by appointment only. The use is proposed at 82‑5680 Kahau Place in Captain Cook (TMK 8‑2‑008‑079), a 1.716‑acre parcel zoned FA‑1a (“subject site”). The property is generally located 3.5 miles makai on lower Napoopoo Road (Route 160) from Hawaiʻi Belt Road / Mamalahoa Highway (State Route 11) in Captain Cook and is accessed via the cul‑de‑sac of Kahau Place. STATEMENT OF OBJECTIVES: The objective of this request is to establish a 5‑bedroom, owner‑occupied farm‑stay bed and breakfast with an on‑site massage studio as an unusual and reasonable use on this agricultural property that directly supports and strengthens active small‑scale farming. The vision is a low‑impact, hosted farm‑stay experience—using only existing buildings on a productive working farm in a quiet rural setting above Kealakekua Bay—where guests can relax and recharge while participating in and learning about daily farm life. As part of their stay, B&B guests may book optional massage and wellness treatments in an existing 12ʹ x 12ʹ gazebo, as a quiet, accessory use that complements the farm‑stay experience, supports health and well‑being, and features natural products made from the farm and other local farms. This use is intended to advance the Kona Community Development Plan goal that agricultural lands be preserved in a manner that supports small family farms, ecotourism, and a self‑sufficient agricultural economy. It also responds to General Plan direction to encourage niche visitor markets such as ecotourism and health and wellness tourism, while keeping agriculture as the primary use of the land and allowing carefully managed agritourism to help sustain the farm and protect rural character, natural resources, and cultural heritage. Wellness/massage services will be provided primarily to B&B guests, with occasional local non‑guest clients seen by advance appointment only, as an accessory component of the hosted farm‑stay. All treatments will take place in the existing 12ʹ x 12ʹ gazebo used for health and wellness services and massage; no new construction is proposed. Sessions will be one‑on‑one by the applicant, limited to a maximum of 2 sessions per day (up to 10 per week) between 9:00 a.m. and 6:00 p.m., with no amplified music or group classes, so noise and activity levels remain comparable to normal residential use. Guest and client parking for wellness sessions will be accommodated in existing on‑site parking areas already used for the B&B or in front of the gazebo, with no additional exterior lighting and only a small directional sign reading “Massage Park Here,” which is on the farm. Products used will be produced on‑site or by local farms, featuring homemade essential oils, comfrey salve, lemongrass–butterfly pea tea, lemongrass compresses, noni leaf compresses, organic macadamia nut oil from Mahina Mele Farm, and organic body‑care products from Pure Mana, with optional add‑on tropical fruit boards and tea service from fruit and tea grown on the farm. The wellness/massage services will operate under the name “Tao Within Massage and Wellness” at The Mango Farm and will be exclusively run by the owner/operator and applicant, Heather Korotie, who holds current State of Hawaiʻi massage therapist (MAT‑11847) and massage establishment (MAE‑17420) licenses. A prior home occupation application for the massage use 1 was not approved (Plan No. PL‑CRT‑2025‑000099), and the Planning Department advised that the appropriate path, given the State Land Use Agricultural District and FA zoning, is to seek consideration as a home occupation through this Special Permit process. LOCATION: As noted earlier, the subject property 82-5680 Kahau Place is accessed from the cul-de-sac on Kahau Place, directly from Napoopoo Road in Captain Cook. It is approximately a mile up mauka from Kealakekua Bay. It is part of a 6 property subdivision that is zoned Agricultural in the South Kona district, Kahauloa West Ahupuaʻa: Tax Map Key: 8-2-008-079. The subject property is outlined in light blue in the image below. FIGURE A. Location of Subject Property on Kahau Place, off Napoopoo Road, Captain Cook OVERVIEW: The proposed use is a simple, small‑scale farm‑stay bed and breakfast and wellness/massage services that provides an authentically curated agricultural and wellness experience for overnight guests. The property is an active, family‑run organic farm with fruit orchards, extensive vegetable and herb gardens, and a wide variety of edible, medicinal, and ornamental flowers. The intent is to both educate guests and showcase the agricultural elements of the owners’ daily life and business. All guests will be offered guided educational farm tours that highlight the farm plan and history, goals of food sovereignty and self‑reliance, and the farm’s sustainable design principles and implementation as well as an overview of how we contribute to the local food system. Tours typically last about one hour and are hands‑on in nature, allowing guests to smell, taste, and harvest throughout the walk. The tours also describe the local environment, including the farm’s location between two nearby bee operations (“Kona Queen” and “Big Island Bees”) and how this honey‑bee corridor positively affects pollination on the farm. Topics covered include Korean Natural Farming methods, permaculture design principles, composting, soil building, water catchment, and how the owners have spent the past 15 years establishing a self‑supporting farm focused on food sovereignty and contributing to the local food system. Occasional demonstrations and workshops in the garden and kitchen are also offered. Each guest receives a small seasonal fruit basket featuring what is ripe and fresh on the farm that day (this may include for example: mango, papaya, banana, lilikoi, pineapple, a variety of citrus, avocados, ‘ulu, figs, mulberry, and Suriname cherries). Guests also receive a floral arrangement in their room 2 created from flowers and tropical foliage grown on the property. A small breakfast menu is provided, consisting of items made from farm‑grown products, such as baked goods (i.e. ulu waffles, banana bread, mango coffee cake) using farm fruit, tropical fruit boards, smoothies, papaya bowls, and teas and juices produced from on‑site crops. No meals other than breakfast are or will be offered. Guests may harvest their own fruit, herbs, and vegetables from the garden during and after the farm tour, reinforcing the educational and participatory nature of the agritourism experience. We also promote other local businesses and farms through talking story with our guests, in our online and print guidebook as well as through retail sales featuring our favorite Big Island made products such as reef-safe sunscreen from “Little Hands”, organic body care by “Pure Mana”, organic macadamia nuts from “Mahina Mele Farm” and “Liko Lehua” fruit butters. BUSINESS JUSTIFICATION: We have several reasons to pursue this proposed use. The farm‑stay B&B, wellness studio, and farm operate as one integrated enterprise, functioning together as a financially viable farm and agritourism operation. The B&B and wellness studio strengthen the farm by providing the financial backbone of the operation, generating farm‑based income that supports our family and is reinvested in orchard maintenance, amendments, new plantings, soil and water stewardship, and wages for farm assistants. This additional income allows this small 1.716‑acre parcel to remain in active agricultural production instead of facing pressure to sell, subdivide, or scale back farming. Without the ability to operate a farm‑stay B&B and wellness studio, we would be forced to rely on outside employment, which would significantly reduce agricultural activity on the property and could ultimately require us to sell and relocate to a place where agritourism is better supported. Operating a B&B and wellness studio together allows us to bring together our professional experience, passions, and interests into a unique, farm‑based, wellness‑focused agritourism business that can continue to support our family financially while allowing us to live in alignment with our values. As a husband‑and‑wife team, we have over 30 years of combined experience in small‑scale agriculture, almost 24 years of combined experience hosting farm stays, and 40 years of combined experience in the wellness space. We have been stewards of our farm for 15 years and have hosted farm stays here for over 12 years. Over that time, we have learned that we most enjoy combining hosting guests, agriculture, wellness, and place‑based tourism to offer visitors far more than simply “a room for rent.” Our vision is to operate a distinctive, values‑driven farm‑stay B&B that embodies respect and appreciation for food sovereignty, agriculture, wellness, and respectful, place‑based tourism. Guests consistently express appreciation for our farm, our knowledge about agriculture and wellness, farm tours, and farm‑fresh produce when they stay with us, and many comment that they feel they are experiencing a completely different kind of vacation. They also value our promotion of local farmers’ markets, small businesses, and other farms, and often book additional farm tours on neighboring farms as a highlighted part of their visit. Sharing our way of life is fulfilling because it allows us to both strengthen and share our value system with visitors from around the world. Establishing a bed and breakfast with an agriculture and wellness focus will enable us to continue living on and caring for our farm, providing essential financial support while operating a community‑oriented business that reflects our values, goals, and chosen way of life. This use represents our primary means of remaining self‑sufficient, allowing us to continue stewarding the land, contributing to the local food system, growing organic food, and living in a way that reflects our values. Income from the B&B will support our household while we continue to expand, diversify, and improve our agricultural activities in pursuit of food sovereignty and self‑reliance, and it will also contribute to the local food system and economy. Given current conditions and the cost of doing business, small‑scale farming 3 is costly and difficult to make profitable, and the B&B component will directly underwrite and sustain our ongoing agricultural operations. It is not realistic to support our family on 1.71 acres through agriculture alone, especially on soil rated “E,” the poorest quality. We respectfully request approval of this Special Permit so we can support ourselves while still keeping agriculture as our primary use. We are willing to submit a yearly farm plan, demonstrate agricultural income, and keep the vast majority of our farm footprint in agricultural use. Having a B&B also gives us flexibility in how we use our rooms, including the ability to host family, friends, and future caregivers as needed. It will make it easier for family to visit for longer stays and will give us better control over our immediate living environment through clear house rules, quiet hours, and the ability to limit the number of guests and activities on the farm. We have tried long‑term rental for about six years, and that is not a viable option for us. We experienced significant issues with a few tenants; the wear and tear on the dwelling was substantially greater than with short‑term stays, we had more traffic coming in and out of the property, more late‑night noise, and even domestic disputes and challenges collecting rent. Finally, we seek to establish the B&B so that the farm and business can be passed down as a viable, income‑generating family enterprise to our daughter, who was born and raised on the farm. Providing her with a working farm paired with a modest, sustainable business is essential if she is to have a realistic opportunity to live in Hawaiʻi, farm, support herself, and possibly raise her own family here. Passing down a farm without a viable business is more of a liability than an asset; securing a B&B use on the property will help ensure that she can carry forward the vision of the farm in a way that is economically sustainable. When we purchased our property almost 16 years ago directly from the prior owners, we did not realize that, because we were on agricultural land, we would be so limited in our options to earn income from the farm. The previous owner had been renting on VRBO, and we did not understand that this was not actually a legally available option. This application is our effort to bring our operations fully into alignment with County and State policy while preserving and strengthening our agricultural use. OPERATION OVERVIEW Property size: 1.716 acres (FA‑1a – Family Agricultural 1‑acre on IAL land) Land Use: ● Mango and fruit orchard: 0.70 acres (primary production area) ● Garden beds and nursery: 0.30 acres ● Banana and papaya plantings: 0.21 acres ● Structures (dwellings, garage, gazebo, ag accessory buildings): .25 acres ● Open, driveway, and windbreaks: .25 acres Proposed B&B configuration: ● Three guest bedrooms in the existing farm dwelling (pending Building Alteration permit to reclassify as a 3 bedroom - PW.B2026-001050) ● Two bedrooms in a currently unpermitted structure IF it can be converted to a guest house (pending all the required permitting & County approvals) ● Massage and wellness offerings in the 12’x12’ gazebo 4 ● Additional farm dwelling is the primary residence for the B&B and farm hosts. The owners’ family and (seasonally) up to 2 farm workers reside in the additional farm dwelling. Maximum guests: 10 Length of stay: Minimum 1 night; maximum less than 21 consecutive days per guest, consistent with HRS 205‑4.5(a)(14) since we consider ourselves an agritourism business. Operational focus: Agriculture, wellness and agritourism operation emphasizing farm‑stay lodging, fruit orchards, wholesale and retail fruit, herbs and vegetables, farm‑produced value added products, agricultural experiences, environmental stewardship, and support of local businesses via a curated guest book emphasizing farms, responsible tourism, and local businesses that share our value system. Clientele: Global travelers seeking a local farm‑stay and agriculture‑ and wellness‑focused tourism experience. Approximately 80–90% of guests are couples, 10–20% are families, and about 10% are Hawaiʻi residents. The property currently hosts roughly 200 stays per year, with an average occupancy of about 85% and an average stay of 2.5 nights, and we expect similar patterns under the proposed B&B use. As we get older, we anticipate gradually scaling the business back, but over the next 10 years this is our best projection, absent a major financial crisis or global event (such as Covid‑19) that significantly limits travel. Hours of operation: Open year‑round, with the owners or designated on‑site caretakers available 24/7 as needed. Normal business hours for non-emergency guest interaction and routine operations are 7:00 a.m. to 8:00 p.m. The owners reserve the ability to limit operations or temporarily close as needed. Employees: The business will utilize local service providers (including but not limited to cleaners, plumbers, woodworkers, appliance repair technicians, handymen, and electricians). The owners will reside in the additional farm dwelling and serve as full‑time innkeepers and agricultural workers. Up to 2 additional farm workers (typically participating through the WWOOF organization) may also reside on site with the owners in the farm dwelling to support agricultural activities. B. PROPERTY DESCRIPTION EXISTING USES: The subject property (TMK 8‑2‑008‑079) is located at 82‑5680 Kahau Place, Captain Cook, Hawaiʻi 96704, on the slopes of Mauna Loa, approximately one mile above Kealakekua Bay. It lies about 3.5 miles down Napoopoo Road and is accessed via the cul‑de‑sac of Kahau Place. The property is bordered primarily by agriculturally zoned parcels that are in residential, agricultural, industrial, and commercial use. Access to the subject property is via the second driveway on the right off the Kahau Place cul‑de‑sac. It is a gated property, and the gate is kept open and unlocked to allow guest access. The entrance is clearly marked with signage for “The Mango Farm” and the address and is well lit for safe nighttime access and visibility. There is lighting along the driveway and at each structure on the farm, along with signage designating each parking stall. In the Real Property Tax records, the subject property has 1.216 acres dedicated to agricultural production, 0.25 acres dedicated to dwellings, and 0.25 acres classified as vacant. Approximately 85.5% of the property (1.466 acres) is and will remain in open/agricultural use. 5 The site is currently used as an active agricultural operation, as well as our primary residence in the additional farm dwelling, with housing for our family and up to two seasonal farm workers. The farm was established in 2010, first as a mango orchard and has expanded significantly over the past 15 years. We now have just under 300 fruit bearing trees and the property produces between 5,000 to 10,000 pounds of fruit per year. We also have extensive herb and vegetable gardens. Most of our commercially available produce is sold wholesale to Adaptations and Kainaliu Fresh. Anything that is not perfect enough to be sold to markets or thru distribution, we use personally, sell online, sell to our guests, or use to make tropical fruit platters and a small breakfast menu featuring farm produce for overnight guests. We occasionally sell to other local markets. Produce is sold on Facebook Marketplace and Craigslist to individuals via our Instagram site and restaurants. Produce is also donated to the community and traded at the local Friday Ku’aku’ai trade market or direct with other farms. Our agriculture sales for 2025 was $11,762 in commercial sales. Our 2025 mango harvest was very limited due to a mango seed weevil infestation and severe anthracnose, both exacerbated by the orchard’s tight spacing established in 2009, before we purchased the farm. 2025 Ag Income / Production Retail Produce $7,375.90 Wholesale Produce $4,386.52 TOTAL INCOME $11,762.42 Family Use $2,614.00 Farm Stay Use $3,640.00 Community Trade and Donation (i.e. Ku’aku’ai Market) $2,080.00 TOTAL Commercial Ag Production 2025 $20,096.42 The site also includes a long‑standing, hosted farm‑stay / short term vacation rentals in the farm dwelling and unpermitted accessory building, with a total of five bedrooms currently rented as a short term vacation rental.. Prior to December 2025, there was also a long-standing, home‑based massage business on the property in the gazebo. This use has since ceased after denial of a home occupation business permit and will not resume unless and until approved via this Special Permit. 6 FIGURE B: Map of Existing Uses 7 PROPOSED USES: Agriculture: As a condition of the Special Permit, the property will continue its operation and primary use as a tropical fruit farm. We are committed to leaving 85% of the farm for combined open + agricultural use. The current Real Property Tax Record indicates 1.216 acres or 70.9% of the 1.716‑acre property is used agriculturally and 0.25 acres or 14.6% of the parcel is open, which combines to equal 1.466 acres or about 85.5% of the parcel. The actual ag usage is higher due to ongoing agriculture cultivation and expansion. The farm will continue to operate primarily as a tropical fruit farm. We have just under 300 fruit trees and the property produces between 5,000 to 10,000 pounds of fruit per year. We also have extensive herb, flower and vegetable gardens. We will continue to sell wholesale to Adaptations and Kainaliu Fresh as well as on Facebook Marketplace, Craigslist and Instagram to individuals and restaurants, and on the farm to our guests. We will also continue regularly trading at the local Friday Ku’aku’ai trade market and directly with other farms. We also will continue to sell occasionally to other markets and restaurants. We can commit to between $5K- $20K of agricultural sales per year. Value-Added Products: Curated fruit baskets based on what is ripe and fresh will continue to be gifted to guests as a welcome present, when available. Breakfast will consist of a small menu of items based on what is available on the farm, such as tropical fruit plates made from produce that is not perfect enough to sell through distribution, papaya bowls, smoothies, juices and baked goods like banana bread, ‘ulu waffles, lilikoi mochi or mango coffee cake. No other meals or menus other than breakfast will be offered. We will also continue to expand our current “cottage-kitchen” made wholesale and farm-direct value added products such as loose leaf teas, tinctures, chutney and dehydrated fruit that are currently sold wholesale to Adaptations and Kainaliu Fresh and occasionally to other retail establishments. Value-added products will also continue to be sold on Facebook Marketplace, Instagram and Craigslist to individuals and restaurants, and on the farm to our guests. Occasionally we might partner with someone to offer products at a farmers market. They will also traded regularly at the local Friday Ku’aku’ai trade market and direct with other farms. Agricultural Tourism: The farm sees the proposed use of the B&B and massage/wellness studio as a part of our larger farm-stay and agricultural tourism strategy that will hopefully become more formalized and strengthened with both this Special Permit and possible upcoming agritourism policy and support at the state and county level. Until we are permitted to expand our agritourism activities, we will continue with what we are doing with our overnight guests, offering: welcome fruit baskets and floral arrangements, farm tours, self-harvesting, tastings, fruit plates and occasional demonstrations. We would like to expand our agricultural tourism in the future based on further allowances in agricultural tourism legislation. We are currently advocating for this in the state legislative process in HB2485. Additional Farm Dwelling (Primary Residence): Immediately on the right of the property entrance, up the driveway of the subject property is the Additional Farm Dwelling. This is the owners’ primary, full‑time residence and can be also shared with up to two seasonal farm workers who help support agricultural activity on the farm. It will continue to serve as the owners’ dwelling and the dwelling responsible for the on‑site hosting component of the B&B, as well as day‑to‑day support for agricultural operations. The house is conveniently located at the front of the property so that all guests pass this dwelling when entering and leaving. Fully permitted and built in 2004. It is a 2 bedroom + den and 2 bath 1,394 sq foot house built in 2004 with a detached garage with a ½ bathroom and a permitted grid-tied photovoltaic solar system. We also have a 16 x 20 temporary accessory building with no plumbing or electricity to support 8 our agricultural operation including processing, washing, weighing, packaging, storing, staging, and packing agricultural products. This area is also used in conjunction with the two‑car garage, used for storage of farm equipment and tools as well as a laundry area, working tables and shelving for all of the supplies for the B&B. A movable and temporary carport/tent structure in front of the garage is used for our personal, covered parking. FIGURE C: Map of Proposed Use 9 FIGURE D: Existing Additional Farm Dwelling / Primary Residence Floor Plan (Current and Proposed) 10 To the north of the primary residence, there is the cesspool that supports the 2nd farm dwelling. Wellness & Massage Gazebo: To the immediate north of the existing cesspool is a 12‑by‑12‑foot screened‑in gazebo type structure currently configured as a massage studio, with no electrical or plumbing connections, and not in active commercial use. A prior home occupation permit for this massage business was denied by the County in mid‑December, necessitating a separate special permit application under Hawaiʻi County Code Chapter 25 and HRS Chapter 205 to allow this use as an unusual and reasonable use within the Agricultural district. The applicant ceased all on‑site massage operations as of December and has updated their business website and listings to advertise out‑call services only. Unless and until a separate special permit is approved for this use, the applicant will not provide any on‑site massage services. Farm Dwelling (proposed as 3 bedrooms for the B&B): At the northeast corner of the property is the farm dwelling proposed for use as a 2,090 sq foot three‑bedroom, farm-stay bed and breakfast. The dwelling was permitted and constructed in 2007 and has not been structurally modified since. At present, the Real Property Tax Office and the Building Division list differing bedroom counts, and we are working with both agencies to achieve a consistent classification of the dwelling as a three‑bedroom residence. All three bedrooms meet current safety requirements for defined bedrooms and do not require any physical alterations to be classified as official bedrooms. We have submitted a Residential Alteration Permit to DPW (Plan Number: PW.B2026-001050) to reclassify the existing office and storage rooms as bedrooms. In addition, we are on the Real Property Tax Office’s list of properties to be re‑appraised so that this building can also be recognized as a three‑bedroom dwelling for tax purposes. They are not sure when this will be done. The ground level of the building consists of a carport used as a lanai, a 12‑by‑12‑foot bedroom, and a full bathroom. The second story contains a half‑bath, kitchen, dining, and living areas, and a wrap‑around lanai. The third story includes a 28‑by‑12‑foot master suite with an en‑suite bathroom and a 12‑by‑12‑foot bedroom, both with access to a wrap‑around lanai. On‑site, designated guest parking is provided directly adjacent to, and immediately north of, the dwelling’s main entrance and is clearly labeled with the unit names “Oceanview Gem” and “Nature Gardenview.” Directly in front of this structure there is a second cesspool to support the farm dwelling. Directly behind the farm dwelling is a catchment tank used for agricultural irrigation only. 11 FIGURE E: Existing Farm Dwelling Floor Plan - Proposed 3‑Bedroom B&B 12 Unpermitted Accessory Building – Being pursued as an AS-IS build with DPW for up to 2 bedrooms: We acknowledge that this accessory structure was originally built without permits and are now working with a licensed structural design team and architect to bring it fully into compliance and secure all required County approvals as either a guest house or a detached bedroom. The structure is at the north end of the property, approximately 60 feet west of the farm dwelling. Built in 2014 as an open‑air, partially screened multi‑use pavilion (agricultural processing, art studio, recreation room, and personal guest sleeping quarters), it has since mid‑December 2016 been intermittently used as a two‑bedroom farm‑stay / short‑term vacation rental. Since 2013, the Real Property Tax Office has recognized this building in the tax records as a 512‑square‑foot, two‑bedroom structure. At the time of this application, it does not yet have a building permit from DPW, but we are pursuing permitting in parallel to this Special Permit application. On February 25, 2026, we submitted an official inquiry to the Planning Department requesting a determination on whether the appropriate path is a detached bedroom or a guest house and are awaiting a formal response. The structure includes approximately 432 square feet of open lanai space. The ground‑level screened room is approximately 12 by 12 feet (144 square feet), and the loft‑level screened‑in room, accessible via an exterior staircase, is approximately 12 by 24 feet (288 square feet). If, for any reason, we are not able to permit this building for use in the proposed B&B, we are willing to accept conditions limiting its use to personal and agricultural activities and agree not to use it as a dwelling unit or to host overnight guests. Example future uses include: value‑added agricultural processing (such as producing essential oils and hydrosols with a still, loose‑leaf teas, and dehydrated fruits), a personal art/pottery/silversmithing studio, and a recreation room (e.g., ping‑pong and pool table). If, in the future, the County allows accessory buildings to be used for agritourism activities like tastings or workshops, we would seek approval to use the building for expanding non‑farm‑stay agritourism, subject to meeting all applicable State and County requirements. The structure currently has a professionally installed off‑grid solar system providing basic electrical service, which will be brought fully into compliance and permitted as part of the DPW process. Any future electrical, plumbing, or related improvements will comply with all applicable building, electrical, and zoning requirements. 13 FIGURE F: Proposed 2 Bedroom B&B Potting Shed/Nursery/Farm Supply Tents: On the East side of the parcel, there are two temporary and movable open-air carport tent structures used as a potting shed/nursery and storage for wood, garden supplies, soil amendments, topical treatments for the orchard, soil, sprayers and other farming tools and equipment. Chipper/Riding Mower Tent: On the South side of the parcel there is a temporary and movable open-air carport tent structure used to store the farm’s wood chipper and riding mower. TOPOGRAPHY: The Topography of the subject property is a gradually sloping lot that has an almost flat feeling, but gradually declines from 400 ft elevation at the back of the property to 350 ft elevation at the front of the property. The entire 1.716 acres is fenced to prevent pigs from entering and has a supplemental border of panax and areca palms. While the Land Study Bureau Overall Master Productivity Rating of our soil is an “E” (lowest agricultural rating) the actual soil quality on the farm has been improved as we have spent the last 16 years actively building the soil thru a USDA sponsored conservation soil building practice for 3 years and then subsequent, ongoing yearly mulching, composting and chipping. Most years we apply 100 years of mulch on the farm plus all of the chipped wood from pruning. Spread throughout the property are 278 food producing trees. There are 43 mango trees planted in rows including 7 varieties, which is typically our primary commercial crop. There are 5 main irrigated garden bed areas and a number of smaller garden areas, making up about a total of approximately .25 acres. The main garden bed area has beds that are 3 feet deep and 3 feet wide. 14 There is a 4’ x 4’ compost area and multiple soil building areas. There are currently 1.216 acres designated as a fruit tree orchard in the Real Property Tax Record. Trees include: 278 Mature Fruit Bearing Trees. 43 mango trees (7 varieties), 61 papaya (3 varieties), 100+ banana (4 varieties), 6 dwarf coconut, 10 surname cherry, 3 soursop, Malama avocado, Kahaluu avocado, 4 mamaki, pomegranate, 3 meyer lemon, 3 tahitian lime, 1 kaffir lime, 1 yuzu, 1 eureka lemon, 2 grapefruit, 1 variegated lemon, 2 tangerine, 2 tangelo, 2 u’lu, 1 cacao, 2 hawaiian chili pepper, 2 green figs, 2 mission fig, 1 mulberry, 6 curry trees, 1 starfruit, 2 noni, 2 moringa, 1 jackfruit, 1 longan, 1 tamarind, 2 guava, 1 bay, 2 lāhala trees, 1 tree tomato, and multiple varieties of bamboo. The garden beds produce culinary herbs, herbs for tea and a range of fruits, vegetables and flowers. We focus on what grows well on our elevation, such as lilikoi, ginger, turmeric, galangal, taro varieties, ‘uala, amaranth greens, dino and red kale, chard, onions collards, perineal spinach, lettuce, tomatillos, cherry tomatoes, cassava, cucumbers, chayote, zucchini, kabocha, fennel, horseradish, arugula, radishes, beets, carrots, eggplant, green onions, vanilla, sugarcane and more. We grow a range of herbs including rosemary, oregano, parsley, chives, comfrey, ginkgo biloba, and more., We always focus on growing produce for medicinal teas including red hibiscus, mamaki, graviola, lemon balm, mint, lavender, lemon grass, damiana, lilikoi leaf, butterfly pea and more. There are many types of ornamental flowers and foliage on the farm. There are also extensive varieties of ki/ti (green, red, variegated, black), Torch Ginger, Red Ginger, Pink Ginger, Shell Ginger, Coleus, varieties of Elephant Ear, crown flower/milkweed, varieties of plumeria, purple heart wandering jew), aloe, night blooming jasmine, ixora, croton, palms (areca, bismarck, kentia, etc), hibiscus (multiple colors and varieties), ferns, succulents, multiple colors of lantana, firecracker plant, agave, monstera, spider lilies, orchids, angel' s trumpet, heliconia ( variety), plumeria, gardenia (cinnamon, kula), rhipsalis, and a wide variety of landscaping plants. The agricultural component of the B&B is an intentional, long‑term use of the property, and the proposed B&B is expressly designed to reinforce—not displace—ongoing farming on the land. Agricultural production, value‑added processing, and related on‑farm activities will remain the primary use of the property, with the B&B operating at a small scale and in a manner that is clearly secondary and supportive, consistent with State and County policies that encourage diversified farm income and agritourism that is accessory to bona fide agriculture. Please refer to our 2025 farm plan for additional details. We recognize that introducing visitor‑serving uses into agricultural areas can, in some cases, erode or compromise agriculture, and we therefore wish to be explicit that our operations, site design, and management practices will prioritize the continuity and long‑term viability of agricultural use on this parcel. The B&B and wellness/massage studio will provide supplemental income that allows us to reinvest in soil health, plantings, equipment, and long‑term crop establishment, helping to ensure that these agriculturally zoned lands remain in productive use over time and remain consistent with the intent of the State Land Use Law and prior County findings that small, hosted B&Bs can complement and sustain working farms. The B&B will function as one element of a broader agritourism strategy that includes guided farm tours, on‑site sales of farm products, value‑added agricultural products, farm‑to‑table breakfast offerings featuring farm produce, and periodic workshops and tastings. These activities are intended to educate guests about agriculture, create additional markets for farm products, and further strengthen the economic foundation needed to keep the property in active agricultural use. 15 The proposed B&B is also in a central location for local recreational activities and exploring other agricultural businesses and farms. We also have a number of parks - essentially in our back yard - making recreational activities like hiking, swimming, snorkeling and kayaking readily available to our guests. FIGURE G: Nearby Attractions (listed in detail below with distance to the subject property) Shoreline, parks, and trails ● Kealakekua Bay and Nāpoʻopoʻo Pier – ~1 mile ● Manini Beach – ~1.3 miles ● Keʻei Beach – ~1.9 miles ● Captain Cook Monument trailhead (Kaʻawaloa Trail) – ~3 miles ● Puʻuhonua o Hōnaunau National Historical Park – ~5 miles ● Ho‘okena Beach Park – ~9 miles ● Kahaluʻu Bay – ~11 miles Coffee farms and agricultural tours ● Kona Queens – ~0.2 mi 16 ● Big Island Bees (honey farm and beekeeping tour) – ~0.5 mi ● Sacred Grounds Coffee Farm – ~1.1 mi ● Rooster Farms (organic Kona coffee farm and roastery) – ~2–3 mi ● Greenwell Farms (guided Kona coffee farm tours and tastings) – ~3.0 mi ● Kona Coffee Living History Farm (historic coffee farm, self‑guided tour) – ~3.8 mi ● Mahina Mele Farm / Market (organic macadamia, coffee, fruit farm market; occasional educational activities) – ~4.3 mi ● Hala Tree Coffee / farm stand (South Kona coffee farm and tasting) – ~4–6 mi along Māmalahoa Hwy ● Kona Pacific Farmers Cooperative (macadamia nuts, coffee, local products, educational visits) – ~4–5 mi ● Kona Joe Coffee (vineyard‑style trellised coffee farm with tours and tastings) – ~8–10 mi ● Kuaiwi Farm (small organic coffee, cacao, and fruit farm tour) – ~10–12 mi ● Heavenly Hawaiian Coffee Farms (guided Kona coffee farm tours and tastings) – ~15–18 mi Coffee shops, cafés, and juice bars ● Kava Bar – ~1.7 miles ● Hoʻo Hui Juice Bar – ~1.7 miles ● HiCo Coffee – ~2.2 miles ● Menehune Coffee – ~2.6 miles ● Kaya’s Coffee – ~5.0 miles ● Fire Island Coffee (coffee bar on farm) – ~2–3 miles Markets ● Kailaliu Fresh – ~4.5 miles ● Adaptations (online CSA) – ~6.5 miles ● ChoiceMart – ~1.5 miles ● South Kona Fruit Stand (smoothies and prepared items, as well as produce) – ~4.2 miles ● Mahina Mele Market / farm market – ~4.3 miles Restaurants and food establishments ● The Coffee Shack – ~1.1 miles ● Kaaloa’s Super J’s Authentic Hawaiian – ~2.1 miles ● Honaunau Poke Shop – ~2–3 miles along Māmalahoa Hwy ● Randy’s Huli Chicken and Ribs – ~3.9 miles ● Shaka Tacoz – ~4–5 miles ● Black Rock Pizza – ~4–5 miles ● Southside Açaí – ~4.7 miles ● Korner Pocket Sports Bar & Grill – ~4–5 miles ● Teshima’s Fine Foods – ~5–6 miles ● Manago Hotel Restaurant – ~5–6 miles ● The Theatre Restaurant – ~4.6 miles ● Puna Chocolate Company (confections, desserts, beverages) – ~4.6 miles 17 ● Gypsea Gelato – ~5–6 miles (artisan gelato and desserts in the Captain Cook/Kealakekua area) Cultural, retail, and community points of interest ● Paleaku Gardens Peace Sanctuary – ~2.1 miles ● Painted Church (St. Benedict’s) – ~3.3 miles ● Captain Cook village (ChoiceMart, post office, restaurants) – ~4.0 miles ● South Kona Green Market – ~4.0 miles ● Hawaiʻi Coffee Connection – ~4.1 miles ● Aloha Theatre – ~4.6 miles ● Kona Boys – ~3.5 miles C. STATE / COUNTY PLANS AFFECTING THE SUBJECT REQUEST Granting the proposed special permit for a small, owner‑occupied farm‑stay B&B and wellness/massage studio is consistent with the State Agricultural District designation, the County's General Plan and zoning code, and the Kona Community Development Plan, all of which support preservation of agricultural lands, rural character, and carefully scaled agritourism that directly promotes agriculture. The use remains clearly subordinate to and supportive of the property's primary agricultural function and provides a farm‑based income stream that keeps the land in productive agricultural use rather than converted to non‑agricultural or more intensive development. Additionally we believe our proposed Special Use as a B&B and wellness/massage studio use is a scaled back but similar use to another property operating a Special Permit for a B&B in our 6 parcel subdivision which also strengthens our application. 1. State Land Use District: State Land Use District Designation is State Agricultural District (HRS §205‑2). See map in Figure H below. The subject property is within the State Agricultural District, where a Special Permit from the County Leeward Planning Commission is required to authorize a B&B and wellness/massage studio use that is not otherwise permissible as a matter of right. The proposed B&B and wellness/massage studio is operated as a clearly accessory, owner‑occupied farm stay that supports continued agricultural use and is therefore an "unusual and reasonable use" that does not adversely affect the agricultural character or potential of the area. 18 FIGURE H State Use Boundary Designation (State Land Use District A) 2. County Zoning: Family Agricultural (FA‑1a). The FA‑1a district is intended to support agricultural use while allowing compatible residential and limited accessory uses. The subject property shares the same FA‑1a zoning as a nearby parcel in the same six‑lot subdivision (Luana Inn, TMK 8‑8‑2‑008‑079), which received a special permit for a B&B in 2014 and currently operates under that approval. The subject property is similar in zoning and context but is distinguished by its active commercial agricultural use. a. Rezone History: Ordinance 97‑98 (July 8, 1997), rezoning from Ag‑15a to FA‑1a (no special restrictions). 19 FIGURE I: County Zoning Map - Subject Property in 6 parcel subdivision of FA-1a Zoning (highlighted in dark blue) Surrounding properties are zoned A-5a 3. LUPAG: Important Agricultural Lands / Orchard. The Hawaiʻi County General Plan Land Use Pattern Allocation (LUPAG) Map designates the subject property for Orchard uses and identifies the area as Important Agricultural Lands, emphasizing long‑term agricultural use and protection from urbanization. a. The property currently supports a productive mango orchard of approximately 278 Mature Fruit Bearing Trees. 43 mango trees (7 varieties), 61 papaya (3 varieties), 100+ banana (4 varieties), 6 dwarf coconut, 10 surname cherry, 3 soursop, Malama avocado, Kahaluu avocado, 4 mamaki, pomegranate, 3 meyer lemon, 3 tahitian lime, 1 kaffir lime, 1 yuzu, 1 eureka lemon, 2 grapefruit, 1 variegated lemon, 2 tangerine, 2 tangelo, 2 u’lu, 1 cacao, 2 hawaiian chili pepper, 2 green figs, 2 mission fig, 1 mulberry, 6 curry trees, 1 starfruit, 2 noni, 2 moringa, 1 jackfruit, 1 longan, 1 tamarind, 2 guava, 1 bay, 2 lāhala trees, 1 tree tomato, and multiple varieties of bamboo. There are also vegetable, herb, and flower gardens. This established agricultural use is primary for the subject property and will not be disrupted by the proposed use; rather, the B&B is designed to reinforce and expand agricultural production, consistent with General Plan objectives to maintain important agricultural lands in productive use. b. The soil on the subject property has the Land Study Bureau Overall Master Productivity Rating as “E”, which is the lowest rating for overall suitability for agriculture based on soils, slope, climate, and related factors. Despite this poor soil quality, we have spent 20 considerable time building soil over the last 16 years and we have greatly improved the soil quality on the subject property. Improving soil on the subject property will be an ongoing, indefinite agricultural activity. c. Even though being on an agricultural property with Class E soil indicates land with very poor agricultural capability under traditional field‑crop conditions (e.g., shallow or rocky soils, steep slopes, or other severe limitations), we are successfully operating as a small commercial tropical fruit farm. Because of the poor soil, it is more costly to farm due to on-going soil cultivation, amendments, mulching, etc. FIGURE J: Land Use Planning and Allocation (LUPAG) - Subject Property designated as Important Agricultural Lands 4. SMA Area: The property is within the Special Management Area (SMA) (if confirmed by mapping under Hawaiʻi County Planning Department SMA maps and Hawaiʻi Coastal Zone Management law), but the proposed use is contained within existing dwellings and maintains agricultural open space, so it does not introduce urban‑type development or new shoreline impacts. The property has SMA minor permits attached including SMM (SMA Minor Permit) No. 64 which was for the six lot subdivision to create the parcel and SMM (SMA Minor Permit) No. 173 which was for the 2007 Construction of the AFD. 1. SMM (SMA Minor Permit) No. 64 ○ Six lot subdivision to create parcel. 21 ○ https://gis.hawaiicounty.gov/public/downloads/plhyperlinks/sma_minor/year1997/ SMM_64.pdf 2. SMM (SMA Minor Permit) No. 173 ○ Construction of the Additional Farm Dwelling ○ https://gis.hawaiicounty.gov/public/downloads/plhyperlinks/sma_minor/year2004/ SMM_173.pdf A cesspool to septic conversion seems to be required for this project. If construction is deemed necessary by DPW or the Planning Department, we will obtain an additional SMA review and permits if deemed necessary as part of this project to secure a special permit to operate a B&B. 5. Zoning Code B&B Provisions: The subject property is zoned Family Agricultural (FA-1a) by the County of Hawaii. “The County Zoning Code (Hawaiʻi County Code Chapter 25, including §25‑4‑7 and the RS, RA, FA, and A district use regulations) allows bed and breakfast establishments in RS, RA, FA, and A districts subject to a use permit, and requires a special permit for B&Bs located in the State Land Use Agricultural District. Section 25‑4‑7 further requires that: ● The B&B be subordinate and clearly incidental to the principal residential use and not detrimental to the surrounding area. ● The operator must reside on the same building site as the B&B. ● The B&B be located within single‑family dwellings and/or guest houses (pursuant to §25‑4‑9). ● There are no more than five guest bedrooms and no more than ten guests at any one time. The proposed use complies with these standards: it is owner‑occupied; it operates within existing, permitted dwellings on the same building site; it is limited to no more than five guest rooms and ten guests; and it remains clearly subordinate to the primary residential and agricultural use, maintaining the rural, agricultural character of the area. Home‑Based Massage Studio: The subject property is zoned Family Agricultural (FA‑1a) by the County of Hawaiʻi and is within the State Land Use Agricultural District. Under Hawaiʻi County Zoning Code Chapter 25, a home occupation is allowed as an incidental and subordinate use to a dwelling in any district where a dwelling is permitted, provided that the home occupation does not change the residential or agricultural character of the premises, generates only limited traffic, has no outdoor commercial activity, and employs no more than one non‑resident employee. For home occupations located on land in the State Land Use Rural or Agricultural District, a Special Permit is required pursuant to Section 25‑4‑13(d) and HRS Chapter 205. A small, owner‑operated massage therapy studio conducted within the existing dwelling qualifies as a home occupation / personal service use when: ● It is clearly incidental and subordinate to the primary residential and agricultural use of the property 22 ● The massage therapist is a Hawaiʻi‑licensed massage therapist, and any massage therapy establishment operated on the premises complies with HRS Chapter 452 and associated Board of Massage rules (principal massage therapist in charge, establishment license where required, sanitary and operational standards). ● Client visits are by appointment only, at a low frequency, so as not to create frequent client traffic, parking congestion, or other commercial impacts on the surrounding rural neighborhood. ● All activities occur indoors within the dwelling (or a fully enclosed permitted structure) and there is no outdoor signage, outdoor treatment area, or outdoor storage of business materials, preserving the rural, agricultural character of the property. ● Parking is accommodated on‑site, with at least one off‑street stall provided in addition to parking required for the dwelling and farm uses. The proposed use mostly complies with these standards: it is owner‑occupied and operated by a licensed massage therapist; only employs the owner/operator who lives on property; client visits are scheduled one at a time by appointment, with limited hours; there is no signage on the streets and the use remains clearly subordinate to the primary residential and agricultural use, maintaining the rural, agricultural character of the area. The only exception is that the proposed services take place in a gazebo on the property- this is the character and vision behind the massage studio. The intention is to give people an outdoor feeling and experience of being on a farm, surrounded by flowers and foliage instead of an experience that is inside a conventional house that could be anywhere in the world. This inside-outside experience is the hallmark feature of both the B&B and massage/wellness studio. 23 Figure K: Subject Property in 6 parcel subdivision of FA-1a Zoning (highlighted in dark blue) Surrounding properties are zoned A-5a 6. Hawaiʻi County General Plan (2005) General Plan District Designation: South Kona. The General Plan Land Use Pattern Allocation (LUPAG) Map designates the subject property for Orchard uses, and the plan's Agricultural Goals and Policies emphasize identifying, protecting, and maintaining important agricultural lands; preserving the agricultural character of the island; and encouraging visitor‑related uses that directly promote agriculture. South Kona Specific Economic Goals and Policies Health/Wellness and Agricultural Tourism via farm-stays: The Hawaiʻi County General Plan’s Economic Policies include explicit support for both the health/wellness industry and for forms of tourism that are compatible with community values, such as agricultural and eco‑tourism. The proposed small, home‑based massage and wellness studio, integrated with an active family farm and offered primarily to farm‑stay guests and a limited number of local clients, directly advances 24 these policies by providing a rural, wellness‑oriented visitor experience that supports agricultural operations, reinforces South Kona’s health‑ and nature‑based identity, and avoids resort‑scale or urban‑type development. District-Specific Economic Goals – South Kona (General Plan §2.4.8.1) ● Preserve important agricultural land from urbanization and conversion to non‑agricultural uses in South Kona, recognizing agriculture as a foundation of the district’s economy and rural lifestyle. ● Provide necessary infrastructure and support to sustain agricultural operations and diversified rural enterprises. ● Protect the rural, ranching, and small‑town character of South Kona communities while allowing appropriate, small‑scale economic activity. ● Encourage diversified economic opportunities that support rural sustainability and locally based livelihoods. District-Specific Economic Policies and Courses of Action – South Kona (General Plan §2.4.8.2) ● Encourage eco‑tourism and agricultural tourism as regional opportunities. ● Assist the further development of agriculture by protecting important agricultural land from urbanization and providing necessary resources such as water. ● Support small‑scale, locally owned visitor accommodations and rural enterprises that are compatible with the district’s agricultural and rural character. The applicant’s wellness focused farm‑stay B&B and small, advance these District‑Specific Economic Goals and Policies by providing a small‑scale agri‑tourism and wellness‑tourism offering that generates supplemental farm income (e.g., fruit plates, value‑added products, on‑site produce sales to guests, and optional wellness services), keeps the land in profitable agricultural use, preventing non‑agricultural conversion, and maintaining rural character while adding only a small‑scale, low‑impact visitor and wellness component. Land Use: Agricultural Goals and Policies Relevant Agricultural Goals – (General Plan §14.2.2) ● Identify, protect and maintain important agricultural lands on the island of Hawaiʻi. ● Preserve the agricultural character of the Island. ● Preserve and enhance opportunities for the expansion of Hawaiʻi's agricultural industry. Relevant Policies (General Plan §14.2.3) ● Implement new approaches to preserve important agricultural lands. ● Coordinate and encourage efforts to solve the problems of the agricultural industry in the County of Hawaiʻi. ● Assist in the development of agriculture. ● Encourage, where appropriate, the establishment of visitor‑related uses and facilities that directly promote the agricultural industry. 25 ● Encourage other compatible economic uses that complement existing agricultural and pastoral activities Consistency of the Proposed B&B and Massage/Wellness Studio ● Preserves and enhances opportunities for the expansion of Hawaiʻi’s agricultural industry by generating on‑farm income that directly supports diversified crop and orchard production, augmented by a small wellness studio that remains clearly incidental to the farm and residence. ● Provides a modest, farm‑stay lodging option and optional wellness services that weave agriculture, rural living, and wellness together, rather than introducing resort‑scale, urban‑type development, consistent with General Plan direction to support small‑scale, rural‑compatible visitor uses and to preserve the island’s agricultural character. ● Offers a unique, family‑run farm experience that appeals to ecotourism, agri‑tourism and wellness markets while remaining small‑scale and rooted in the existing community, in line with Economic Goals for diversification and rural compatibility. ● Supports the long‑term economic viability of the farm, which in turn helps protect agricultural land and rural character in accordance with the General Plan’s Agricultural and Land Use goals and policies. ● Maintains the subject property in productive agricultural use—with orchard, crop, and garden areas as the primary use—thereby implementing General Plan Agricultural Goals and Policies for Important Agricultural Lands, even though this parcel has the lowest soil ratings. ● Is explicitly structured as an accessory, income‑stabilizing use that helps preserve and expand agricultural production rather than displace it, consistent with policies encouraging compatible economic uses that support and complement agriculture. ○ Agricultural work on our farm requires about 230% more hours than supporting the farm-stay but generates only a small fraction of the farm stay’s income. The farm actively participates in the local economy, wholesaling produce to Adapations, Kainaliu Fresh, direct to restaurants and consumers via Craigslist, Instagram and FaceBook Marketplace. We participate regularly in the weekly local Ku’aku’ai trade market trade within the community. Food grown on the farm is also used to support our family and friends in an active trade and barter network. This furthers the General Plan objectives for a diversified, agriculture‑centered economy and the local use of local products. Guests will experience the farm stay on a working farm, where they are offered farm tours, fruit baskets, farm-to-table breakfast, local retail offerings from the farm, optional on‑farm wellness sessions and the opportunity to participate in harvests- all which directly promote the agricultural industry and align with policies that encourage visitor‑related uses which support, rather than undermine, agriculture. Natural and Cultural Resources (General Plan §§8.2, 8.3) The General Plan emphasizes protection of natural beauty, scenic coastlines, cultural sites, and open space as vital economic and social assets. This farm stay proposal aligns with resource-protective goals by: ● Maintaining open agricultural land rather than permitting intensive development ● Incorporating sustainable, low-impact land management practices 26 ● Providing educational opportunities for visitors regarding local agriculture, native ecosystems, and cultural heritage ● Keeping the property in productive use that benefits the local community and environment Kona Community Development Plan (CDP) (2008) The Kona CDP vision, guiding principles, and land use strategies place strong emphasis on preserving Kona's rural, agricultural, and cultural character. It advocates for agricultural lands to be preserved in a manner that supports family farms, ecotourism, and a self‑sufficient agricultural economy. It advocates that agricultural tourism is a means to encourage a diverse and vibrant economy emphasizing agriculture and sustainable economies. The Kona CDP Vision and "Keeping Kona, Kona" The CDP Vision Statement in Chapter 3.1 describes Kona's future as "a more sustainable Kona characterized by a deep respect for the culture and the environment," with growth accommodated responsibly and collaboratively. The proposed farm‑stay B&B embodies this vision by: ● Being operated by resident owners who live and farm on the subject property, consistent with the CDP's emphasis on supporting small family farms. ● Integrating agricultural production and cultural practices (including canoe crops such as 'uala, kalo, and 'ulu) into the guest experience, thereby preserving local cultural features and lifestyle in line with CDP goals for culture, agriculture, and community character. Guiding Principles and Agricultural Policies – Chapter 3.2 / 3.2.7 The CDP's Guiding Principles include protecting Kona's natural resources and culture, preserving rural character, and encouraging a diverse and vibrant economy emphasizing agriculture and sustainable economies. Specifically: ● Chapter 3.2.1.a–b calls for protecting Kona's natural resources and culture; ○ The proposed use would support this by using solar energy, using rainwater catchment for agricultural irrigation, and devoting considerable time and resources to ongoing soil building through composting, chipping, mulching, Korean natural farming, while also highlighting traditional and local crops. ● Chapter 3.2.5 promotes preserving Kona's rural, diverse, and historical character; ○ The proposed use preserves rural community character by keeping the land in active agriculture and offering an authentic small farm experience, rather than intensive resort or subdivision development. ● Chapter 3.2.7.a ("Agriculture") states that agricultural lands are to be preserved in a manner that supports small family farms, ecotourism, and a self‑sufficient agricultural economy encouraging the local use of local products; ○ The proposed use does exactly this by maintaining a family farm and coupling it with ecotourism in a way that supports self‑sufficiency while also promoting other local farms and locally made products thru a guestbook of referrals and onsite local retail product sales (i.e. Little Hands Sunscreen, Pure Mana Body Products, Liko Lehua Butters, Mahina Mele Mac Nuts) 27 ● Chapter 3.2.7.b ("Economy/Sustainable industries") encourages diverse and sustainable industries such as ecotourism, agriculture, and health that utilize Kona's unique environmental assets and reduce dependence on imports; ○ The proposed use supports this by focusing on agricultural tourism and wellness tourism, enabling the family to be self‑reliant and supported by the farm‑stay and wellness components of the farm while also contributing to the local food system. Smart Growth and Sustainability – Chapter 3.3 The CDP incorporates "Smart Growth" principles and sustainability goals that stress protecting open space and agricultural lands, mixing land uses at an appropriate scale, directing development toward existing communities, and fostering community collaboration. The proposed use is consistent because it: ● Protects and preserves natural beauty, agricultural land, and cultural resources by retaining and enhancing farm uses and avoiding urban‑type development. ● Utilizes compact building design by operating within existing dwellings rather than constructing new, large‑scale facilities. ● Mixes compatible land uses (residential, agricultural, and small‑scale visitor use) in a manner that supports the existing rural community and economy. ● Strengthens and directs development toward existing communities by supporting a small, family‑run farm business tied to local networks of farms and businesses. The CDP's sustainability goals (Chapter 3.3.2) emphasize respect for culture and environment, balancing economic prosperity with community well‑being and environmental stewardship, and meeting present needs without compromising future generations. ● The proposed use advances these goals by allowing the family to remain on and steward the land, sustain agricultural production, and participate in the local economy in a manner that is scaled to the land's capacity and the community's character. ● If the proposed use is not allowed and we are also unable to continue short term vacation rentals or participate in farm-stay uses allowed by an agritourism bill, we will unfortunately have to discontinue farming in favor of outside employment or sell so we can relocate to a more affordable place that allows agriculture to be integrated with farm stays and agricultural tourism. County of Hawaiʻi Agriculture Development Plan (2010) The Agriculture Development Plan lays out economic‑development‑type goals and actions to strengthen agriculture's role in the island economy: ● Framing agriculture as a primary economic driver for Hawaiʻi Island ● Calling for strategies and County actions that stabilize farm income and support profitable, sustainable agricultural enterprises ● Emphasizing improving market conditions, infrastructure, and policy support so agriculture can remain a stable part of the county's economic base Section III.B "Economic Stability" specifically addresses the need to stabilize farm income and support profitable, sustainable operations—objectives directly advanced by the proposed use, which provides supplementary agricultural income and helps maintain the property in productive agricultural use 28 County’s Integrated Climate Action Plan (2023) The proposed farm‑stay B&B is also consistent with the County’s Integrated Climate Action Plan for the Island of Hawaiʻi, which promotes climate‑smart land use and reduced greenhouse gas emissions. The operation relies on on‑site solar power, uses rainwater catchment for irrigation, and emphasizes organic, climate‑friendly, and sustainable products and practices wherever feasible, thereby reducing its environmental footprint while keeping the property in active agricultural use that supports soil health, tree cover (with 278+ trees), and on‑island food production. SUMMARY Overall, the proposed small, owner‑occupied farm‑stay B&B and incidental home‑based massage/wellness studio is consistent with and implements the State Agricultural District framework (HRS Chapter 205, including §§205‑2, 205‑4.5, and 205‑6), the Hawaiʻi County General Plan's agricultural, economic, and land use policies, and the Kona CDP's vision and guiding principles for preserving agriculture, rural character, and sustainable, agriculture‑based tourism. The use is clearly subordinate to and supportive of the primary agricultural use of the property, and it provides an agriculturally focused, low‑impact visitor experience that strengthens the economic viability of a working family farm while maintaining the rural character and agricultural integrity of South Kona. D. SURROUNDING ZONING AND LAND USES The subject property is located on the slopes of Mauna Loa, 1 mile mauka from Kealakekua Bay. The subject property (TMK 88-2-008-079) is located at 82-5680 Kahau Place Captain Cook, HI 96704 and is accessed via the cul-de-sac of Kahau Place, which is directly off Napoopoo Road. The subject property and 6 parcel subdivision is in the FA-1a zoning. The majority of surrounding properties are in the A-5a zoning. 29 Figure L: Subject Property in 6 parcel subdivision of FA-1a Zoning (highlighted in dark blue) with surrounding properties zoned A-5a The surrounding zoning is agricultural and there are several properties that carry special permits. Agricultural use ranges from small scale, Family Agricultural One Acre (FA-1a) and mid-size 2- 8 acre privately owned lots, to large scale properties owned by the Bishop Estate (one of which is Kona Queen, the other, dairy cattle land). The Kona Farmers' Cooperative (Parcel ID 820080460000), borders the south and east borders of the subject property and is 4.45 acres, is zoned industrial but is not currently in operation. Parcel ID 820080800000 is a 1.1 acre property located on the southern border of the subject property, and although zoned agricultural, it has most recently been in commercial use as an art gallery and a kayak rental business via special permits. Currently it is vacant. Parcel ID 820080780000, on the western border of the subject property is zoned FA-1A and is on a 1 acre lot and is utilized as a private residence. Parcel ID 820080220000, is a 7.98 acre lot on the northern border of the subject property that is utilized as a coffee farm and primary residence. 30 FIGURE M: neighboring properties with TMKs The list below includes bordering and nearby properties including all 29 properties that are within 500 ft of our property with their TMK. For our bordering neighbors we have also included Zoning, Use Permits, Acreage and how it is currently being utilized. Bordering Neighbors: 1. Parcel ID: 820080460000 a. Zoning: Industrial b. Special Use: Coffee processing and packing structure c. Acres: 4.45 d. Currently not operating 2. Parcel ID: 820080800000 a. Zoning: Agricultural b. Special Use Permit: Arts & Crafts Center, Tea Room, Art classes c. Acres: 1.1 d. Current business in operation: Vacant. Previous business was Aloha Kayaks 3. Parcel ID: 820080570000 a. Zoning: Agricultural b. Special Use: Bed and Breakfast c. Acres: 1.43 31 d. Current business in operation: Luana Inn B&B 4. Parcel ID: 82008078000 a. Zoning: Agricultural b. Acres: 1 c. Current used as a primary residence 5. Parcel ID: 820080770000 a. Zoning: Agricultural b. Acres: 1.12 c. Currently used as a primary residences/rentals 6. Parcel ID: 820080220000 a. Zoning: Agricultural b. Acres: 7.98 c. Currently used as a primary residence, agricultural worker housing and coffee farm All 29 Neighbors within 500 feet including bordering neighbors listed directly above: 32 E. FLOOD INSURANCE RATE MAP DESIGNATION Subject Property is in Zone X, defined as Areas determined to be outside the 0.2% annual chance floodplain. The Flood Hazard Assessment Report is included as supplemental and supporting information. FIGURE N: FLOOD INSURANCE RATE MAP DESIGNATION F. ARCHAEOLOGICAL AND HISTORICAL RESOURCES We have contacted the State of Hawaii Historic Preservation Division (SHPD) to see whether a Chapter 6E-42 Historic Preservation Review of the subject property has been done when the subdivision was created in 1997, the farm dwelling was built in 2004 or the 2nd farm dwelling was built in 2007 and they have advised that there are several reviews of this area in the Kealakekua Bay Historic District but they cannot conduct a review on behalf of the landowner and that we need to wait for the County to submit a request for review when our special permit application is accepted. We have not observed any archaeological or historic resources on the subject property since we have been living here for over 15 years. In the event that any inadvertent discoveries are made during any land disturbance activity relating to this project, we will immediately notify the Planning Department and the State DLNR and secure their clearances before proceeding further. G. VALUED CULTURAL RESOURCES The recent Hawaiʻi State Supreme Court’s “PASH” and “Ka Pa’akai O Ka ‘Aina” decisions require consideration of a project’s impact to native Hawaiian gathering and fishing rights. There is a required discussion of the cultural, historical and natural resources and associated traditional and customary practices of this site and the impact of this project to these resources and practices. 34 The subject site is not adjacent and/or proximate to the shoreline and so gathering of marine life and coastal access is not an issue. It is not known whether the subject site was used in the recent past for gathering of plants by native Hawaiians. It is believed that when the property was subdivided in 1997, the land was cleared except for a monkey pod tree in the southeastern most corner of the lot. The current vegetation on the subject property consists of introduced plant species. Since our occupancy in 2010, we have not observed any native Hawaiians on the site or adjoining properties gathering plans, so it would be unlikely that this site would serve such purposes today. We have extensively planted ki leaf (ti) around the property and sell our ti to Adaptations. We have also planted 2 Hala/ lāhala trees of cultural importance for weaving materials and we also have ‘uala, or uwala (purple potato) and other canoe crops such as kalo (taro), mai’a (banana), ‘ulu (breadfruit), noni, olena (turmeric), ko (sugar cane), niu (coconut palm) and ʻape (elephant ear). . The cultural impacts, if any, appear to be non-existent. However in the event that native Hawaiians make a legitimate gathering claim, we will respect and honor the claim and provide the needed access to the subject site. H. FLORAL AND FAUNAL RESOURCES Agricultural Trees: 278 Mature Fruit Bearing Trees. 43 mango trees (7 varieties), 61 papaya (3 varieties), 100+ banana (4 varieties), 6 dwarf coconut, 10 surname cherry, 3 soursop, Malama avocado, Kahaluu avocado, 4 mamaki, pomegranate, 3 meyer lemon, 3 tahitian lime, 1 kaffir lime, 1 yuzu, 1 eureka lemon, 2 grapefruit, 1 variegated lemon, 2 tangerine, 2 tangelo, 2 u’lu, 1 cacao, 2 hawaiian chili pepper, 2 green figs, 2 mission fig, 1 mulberry, 6 curry trees, 1 starfruit, 2 noni, 2 moringa, 1 jackfruit, 1 longan, 1 tamarind, 2 guava, 1 bay, 2 lāhala trees, 1 tree tomato, and multiple varieties of bamboo. Garden: We have 5 main garden areas with 3 feet deep garden beds. The garden beds produce culinary herbs, herbs for tea and a range of fruits, vegetables and edible flowers. We focus on what grows well at our elevation, such as a sugar cane, white pineapple, lilikoi, ginger, turmeric, galangal, kalo/taro varieties, ‘uala, amaranth greens, dino and red kale, chard, onions, collards, perineal spinach, lettuce, tomatillos, cherry tomatoes, cassava, cucumbers, chayote, zucchini, kabocha, fennel, horseradish, arugula, radishes, beets, carrots, eggplant, green onions, vanilla, and more. We grow a number of edible flowers including blue butterfly flower, wild rose, borage, johnny jump ups, viola, nasturtium, violets, garlic chive, lavender. We grow a range of culinary herbs including sage, thai basil, sweet basil, thyme, rosemary, oregano, italian parsley, chives, etc. We also focus on growing herbs and botanicals for medicinal teas including roselle hibiscus, mamaki, graviola, lemon balm, mint, lavender, lemon grass, tulsi varieties, damiana, lilikoi leaf, butterfly pea and more. We have other plants for medicinal use such as comfrey, plantain, ginkgo biloba, and echinacea. Decorative Plants: extensive varieties of ki/ti (green, red, variegated, black), Torch Ginger, Red Ginger, Pink Ginger, Shell Ginger, many varieties of heliconia, Coleus, varieties of elephant ear, crown flower/milk weed, varieties of plumeria, purple heart wandering jew), aloe, night blooming jasmine, ixora, croton, palms (areca, bismark, kentia, etc), hibiscus (multiple colors and varieties), ferns, succulents, multiple colors of lantana, firecracker plant, agave, monstera, spider lilys, orchids, angel' s trumpet, plumeria, gardenia (cinnamon, kula), rhipsalis, and a wide variety of landscaping plants. 35 Fauna: Birds: Japanese white eye, myna, saffron finches, South American and North American cardinals, zebra doves, rock doves, pheasants, turkeys, brown francolin, lavender waxbill, house finches. Insects and invertebrates: butterflies, moths, millipedes, centipedes, vespids (honey bees, wasps, mud daubers), leaf eaters, mantids, scorpions, chameleons, etc. Other animals: stardust and native geckoes, anole, cocqui frogs, bufo frogs, mongoose, rats and mice. I . PUBLIC ACCESS 82-5680 Kahau Place, is generally located 3 ½ miles down lower Nāpō’opo’o Road (Route 160) from Hawaiʻi Belt Road / Mamalahoa Highway (State Route 11) in Captain Cook and is accessed via the cul-de-sac of Kahau Place. J. DESCRIPTION OF ACCESS(ES) TO THE AREA: The property is accessed via the cul-du-sac of Kahau Place, which is a public road off Nāpō’opo’o Road. Subject property is located 3 ½ miles down Nāpō’opo’o Road ( from Hawaiʻi Belt Road/ Highway 11). Nāpō’opo’o Road is a county -maintained two lane paved road that is in good condition. Right-of-way width varies. In the general vicinity of the subject property, it is 50 feet wide. Width of paved traveled lanes ranges from 110" to 120", and paved shoulder width ranges from 0 — 4 feet. B&B guests will exit the property to see island sites using Nāpō’opo’o to Pu' uhonua Road to Keala O Keawe, Nāpō’opo’o to Highway 11, Nāpō’opo’o to Middle Ke' ei to Painted Church to Keala O Keawe to Highway 11 or Nāpō’opo’o to Middle Ke' ei to Highway 11. The property is the 2nd driveway from the right and has a green gate at the property entrance. The gate is always open. The property has signage for the address of 82-5680 and a 3’x3’ sign for “The Mango Farm” that is illuminated at night. There is lighting at the property entrance so that the property is easy to find at night. Once you drive onto the property, there are pathway lights and spotlights that direct guests where to go and clearly marked signs that are all illuminated at night. We send detailed instructions to our guests on how to access the property and also include a photograph of what our driveway looks like at night so they know they’re in the right spot. Subject Property Driveway at night 36 K. TRAFFIC IMPACTS There will not be an increase in traffic due to the B&B and wellness/massage studio use and all parking will be done on the property, with no impact to neighbors. Currently our TAR business has 85%+ occupancy, which is not expected to increase as we have already grown our business for over 12 years. Our B&B guests will only be allowed 1 car. We will not allow more than 10 guests at any time - nor any gatherings, events or parties. For years, the applicant also operated a massage and wellness establishment at this location. It is not currently operating but the operation is not a new use on the property. L. AVAILABILITY OF UTILITIES All utilities are available and in use. Our property utilizes the following utilities including Helco for power, country water, Spectrum (Internet), Hawaiian Telcom for landline telephone connection (not currently being used), catchment for agricultural use, use of Ke’ei transfer station for solid waste, use of Keahou transfer station for recycling, 2 cesspools for sewage. We also have a significant installation of 3 solar systems including our primary residence / additional farm dwelling built in 2004 which has permitted solar hot water, and a grid-tied photovoltaic solar power system. The farm dwelling built in 2007 has a permitted, solar hot water and grid-tied photovoltaic solar power system. The currently unpermitted accessory building built in 2013 has a basic off-grid PV solar power system. 4. WRITTEN NARRATIVE INCLUDING THE FOLLOWING: A. Statement of the reasons for the granting of the Special Permit where the proposed use of B&B will promote the effectiveness and objectives of Chapter 205 HRS, which seeks to preserve or keep lands of high agricultural potential in agricultural use and why the proposal is an unusual and reasonable use of the land: The proposed use as a B&B and massage/wellness studio focused on agri-tourism and farm stays will ensure the continued agricultural use of the subject property because the vision and foundation of the B&B is that it is hosted on an active family farm, where the agricultural activities and products are shared, showcased and where the farm is used to educate guests. The historic/current use of the subject property is similar to the proposed use, as the subject property is currently used as a hosted, farm-stay property. It is reasonable for us to transition to B&B and wellness/massage Special Permit because we want to establish ourselves as a viable business in the agri-tourism community and continue to grow our commitment and investment in local agriculture. It is evidenced by the current agricultural activities and investment in agriculture that the subject property is very committed to agriculture and that this has been an ongoing and planned use of the subject property. Agricultural work on the subject property requires approximately 230% more hours than supporting the farm-stay but generates only about 4% of the farm stay’s income. By securing this special permit, we are securing our livelihood. With our livelihood secured by this special permit, we will be able to dedicate more resources and time to agricultural activities. Aside from the Special Permitting process, the B&B and wellness/massage activities are already turn-key and both operations will not require significantly more time or effort than our current hosted farm-stay operation. It is our intention to focus more on the agricultural nature of our business and expand this part of the business with more propagation of plants and trees to sell, 37 increasing production of our vegetable and herb gardens so that we can contribute more to the local food system. With further diversification of the farm, and improving our on-going efforts to make the farm more sustainable with improved composting, soil building catchment irrigation, permaculture and korean natural farming methods, seed saving, propagation techniques and more, we will be able to produce more food. We will also explore other value added projects such as dried fruit, canning, teas and lacto fermented sodas. The proposed use as a farm‑stay bed and breakfast and wellness/massage business is both an unusual and reasonable use because it enables the subject property to continue to be developed and operated agriculturally while also providing necessary financial support for our family. In today’s economy, it is extremely difficult for a small farmer to be financially self‑sufficient from crop income alone, particularly on a 1.716‑acre parcel, which is a very limited land base for sole support. Small, family‑run farms typically require multiple income streams in order to sustain and expand their agricultural efforts, and agritourism is a natural extension of our work as farmers. Our strong commitment to agriculture is evident from an on‑site visit and from the diversity and scope of crops and agricultural activities we have undertaken, all of which are self‑initiated and not required. However, without income from a farm‑stay and wellness focused B&B, we would not be able to continue this level of investment in agriculture on the subject property. If we are unable to operate a farm‑stay B&B and wellness studio, we will be compelled to seek outside employment, which would significantly reduce agricultural activity on the property and may ultimately force us to sell and relocate to a place where we can lawfully pursue this use to support our family. Denial of this special permit would create a severe hardship for our family because the farm‑stay component of our farm is our primary source of income and we have no alternative means of support, having operated in this manner for approximately ten years. Running a B&B on the subject property is fundamentally centered on the day‑to‑day management of the farm and its agricultural activities, as the hosted farm‑stay rental use is already established and largely turnkey, requiring substantially less time and attention than our agricultural operations. Agriculture and farming is a cornerstone part of the ongoing business operation and will be our focus with this special permit. Essentially our case is that we cannot support ourselves as farmers or continue to make the financial and time investments of farming unless we have a business on the subject site that can support our commitment to agriculture. The B&B and its associated wellness business does this. It is a reasonable use of the land to support our family both directly and indirectly by our agricultural efforts that are an essential part of the B&B and wellness studio. The following criteria is also addressed: 1. Discussion of how the desired use shall not adversely affect the surrounding properties: Establishing a B&B in our 6 unit subdivision will not adversely impact surrounding properties or change the community’s character. We are essentially continuing our current business activities, except that we are formalizing our business as a hosted B&B and massage/wellness studio. A core value of ours is being respectful neighbors. We will continue to be very quiet neighbors, who strictly enforce quiet hours between 9pm - 8am with all of our guests. We never allow any commercial performances, gatherings, parties or events . We will limit the number of people in a room to a maximum of 2 people and will continue only allowing 1 car per rental (max of 3 B&B affiliated cars on the property at any single time and 10 guests max). We keep the entrance to 38 our property landscaped, with signage for “The Mango Farm” that is well-lit so that guests do not accidentally arrive at neighboring properties. There are numerous commercial activities and special permits granted to our nearby neighbors in our 6 parcel sub-division, such as an industrial coffee mill, commercial operations breeding queen bees, Arts & Crafts Center, Tea Room, B&B/wellness retreat center and retail storefront that can involve more noise and traffic than the proposed farm-stay/wellness B&B. 2. Discussion of how such use shall not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage, school improvements, and police and fire protection: We do not believe that the granting of a B&B and massage/wellness business special permit will unreasonably burden public agencies to provide roads and streets, sewers, water, drainage, school improvements, police and fire protection and other related infrastructure. If we do not receive this special permit, we will have the same or nearly the same utilization of public services and agencies as a hosted farm-stay business. In the 15 years of living on the farm, we are able to see that hosting tourism, where guests stay an average of 2 days, poses less burden on local resources than longer term tenants. After hosting guests for over 12 years, we have not had any guests require hospitalization, require police or fire protection. Furthermore, there is not any utilization of state aid and programs like SNAP or health care. There is also less energy consumption at our farm when hosting traveling guests versus long-term tenants and significantly less trash and recycling. 3. Discussion of unusual conditions, trends, and needs that have arisen since the district boundaries and regulations were established: Since the agricultural district boundaries and regulations were adopted in the 1970s, economic conditions for small family farms in South Kona have changed significantly. The landscape around agriculture and financial viability are vastly different than they were in the 70s. In the past 15 years, real property taxes on our farm have more than doubled since we purchased the property, increasing from approximately $5,510 in 2010 to $11,260 in 2025. And because there is any commercial activity on the property, the property does not qualify for the Homeowner’s exemption. In addition, even though this is our primary residence, the property does not qualify for the Homeowner’s tax class 3 percent assessment cap per year because of the same commercial activity. At the same time, Hawaiʻi County’s cost of living has risen sharply, with substantial increases in the cost of goods and services, farm inputs, labor, interest rates, and other operating expenses, making it increasingly difficult for small farms to remain financially viable while keeping land in active agricultural production. In addition, the rule that farm dwellings on lots subdivided after 1976 may not be monetized as separate units, regardless of whether appropriate resources are dedicated to supporting agriculture, reflects land‑use concerns from fifty years ago and does not fully account for the present‑day need for diversified, farm‑based income to sustain bona fide agricultural operations. This situation creates an unusual hardship for small farms that are committed to maintaining and expanding agricultural use but have limited tools to stabilize income and manage escalating carrying costs simply because they operate on a lot subdivided after 1976. The requested small, owner‑occupied bed and breakfast and wellness/massage studio is intended specifically to address these contemporary conditions by providing a living wage, farm‑based revenue stream that helps offset rising taxes and operating costs while keeping the land in active agricultural use. Without a special permit to operate a farm-stay and Wellness B&B tied directly to our ongoing farm operation, our ability to remain on the land and continue farming 39 is uncertain. Allowing this carefully conditioned, farm‑centered use is an unusual but reasonable response to current economic trends and needs, and will help ensure that this property remains an actively worked small farm rather than being underutilized or converted away from agriculture. We also note that we have been operating our farm‑stay for approximately 12 years as a business, during which we have remitted general excise taxes, transient accommodations taxes, County surcharges, and Hawaiʻi County short‑term rental taxes. For this 12‑year period, we have paid approximately $83,379 in general excise tax, $8,386 in County surcharge, $211,623 in transient accommodations tax, and $8,956 in Hawaiʻi County STR tax, for a combined total of $339,068, in addition to State income tax on our farm‑stay earnings. By filing this Special Permit, our intent is to bring the farm‑stay component fully into alignment with current County land‑use requirements and to continue operating as a transparent, tax‑paying, farm‑based business that supports ongoing agricultural use of the property. We hope that our perfect history of paying County taxes on our transient accommodations demonstrates that we have been and want to continue being a productive contributor in Hawaii’s economy. 4. Discussion of how the land upon which the proposed use is sought is unsuited for the uses permitted within the district: Even though the the subject property’s soils are classified by the Land Study Bureau with an Overall Master Productivity Rating of “E,” the lowest category for general agricultural suitability, indicating very poor agricultural capability under traditional field‑crop conditions due to factors such as shallow or rocky soils, slope, and climate, our primary use remains in agriculture. Over the past sixteen years, we have invested substantial effort in soil‑building (including amendments, mulching, and on‑going cultivation) and have been able to operate a small commercial tropical fruit farm, but the underlying soil limitations mean that production is labor‑ and input‑intensive and relatively low‑yield compared to higher‑rated lands. As a result, while the property is formally designated for agricultural use, the combination of very poor LSB “E” soils and the high costs required to maintain productivity make it poorly suited to support our family through agriculture alone. A small, owner‑occupied bed and breakfast, subordinate to and integrated with the existing farm operation, represents an unusual but reasonable use of this Class “E” agricultural land that can help sustain continued agricultural use on a parcel that would otherwise remain marginal for traditional agricultural production. 5. Discussion of how the proposed use will not substantially alter or change the essential character of the land and the present use: The proposed use of a farm stay and wellness B&B will not change the essential character of the land which is a farm or the present use because the present use of over 12 years as a hosted, farm stay is essentially the same type of use as a wellness focused, farm-stay B&B. The B&B and wellness studio will be consistent with the hosted farm stay for a total of up to 5 rooms, with a maximum of 10 guests. The subject property will continue to operate as a working and productive farm that is financially feasible and supported by the wellness farm stay. 6. Discussion of the proposed use will not be contrary to the goals, policies and standards of the General Plan and other applicable documents such as community development plans and design plans: The proposed use as a farm‑stay and wellness‑focused B&B is not contrary to the goals, policies, or standards of the Hawaiʻi County General Plan, the Kona Community Development Plan (CDP), or other applicable planning documents, and is in fact supported in multiple ways. 40 In Chapter 3.2 (“Guiding Principles”) of the Kona CDP, the proposed farm‑stay and wellness use is consistent because it preserves Kona’s rural, diverse, and historical character by maintaining the rural and community character of South Kona. In particular, CDP Sections 3.2.7(a) and (b) call for “a diverse and vibrant economy emphasizing agriculture and sustainable economies,” which our proposed Special Permit would further by coupling an active family farm with small‑scale, agriculture‑based and wellness‑oriented visitor use. Chapter 3.2.7(a) of the CDP states that “agricultural lands should be preserved in a manner that supports family farms, ecotourism, and a self‑sufficient agricultural economy that encourages the local use of Hawaiʻi products.” The proposed Special Permit will ensure that the agricultural lands of the subject property are preserved in a manner that supports our family farm, ecotourism, and local‑product use, with the wellness component remaining clearly incidental and subordinate to the farm and residence. The proposed farm‑stay / wellness‑focused B&B also fulfills the General Plan’s Agricultural Goals and Policies (Section 14.2.2), including: – Goals: identifying, protecting, and maintaining important agricultural lands; preserving the agricultural character of the island; and preserving and enhancing opportunities for the expansion of Hawaiʻi’s agricultural industry. – Policies: implementing new approaches to preserve important agricultural lands; coordinating and encouraging efforts to solve agricultural industry problems; assisting in the development of agriculture; encouraging, where appropriate, visitor‑related uses and facilities that directly promote the agricultural industry; and encouraging other compatible economic uses that complement existing agricultural and pastoral activities. More generally, the proposed use is consistent with the General Plan’s economic framework, which recognizes tourism as a major part of the island’s economy and anticipates the need for a variety of accommodation options that are compatible with community values. Section 1.7.3, Series C (Economic Assessment, PKF Hawaiʻi, January 2000 / U.S. Census 2000) documents the significance of visitor travel to Hawaiʻi Island and underscores the importance of tourism as an economic driver. Our farm‑stay / wellness‑focused B&B would provide a unique, small‑scale option for visitors and residents—distinct in both accommodation style and in offering an authentic experience on a family‑run farm. In Section 2.1 (“Introduction and Analysis”), the General Plan notes that B&Bs are a growing segment of the visitor industry and identifies ecotourism as a target market. Although the data cited are dated, these directions remain relevant. Ecotourism is our primary target market: our B&B is uniquely positioned at the intersection of agriculture, place‑based tourism, and wellness, providing guests with farm experiences, local food, and optional on‑site wellness services in a rural, agricultural setting. 41 Hawaiʻi County’s General Plan (2005) and the Kona CDP (2008) were developed before the more recent increases in economic pressures on small farms. Since that time, the ability of small farms to support themselves has become more challenging. The proposed Special Permit is in line with both plans and reflects a resourceful, plan‑consistent strategy for our farm to continue agricultural production, participate in agritourism and wellness tourism, and promote local agriculture while maintaining the rural character of South Kona. Moreover, since the publication of the 2005 General Plan and 2008 CDP, this same special permit has been granted in 2014 in our 6 unit subdivision to another B&B (Luana Inn). It seems reasonable that we would be granted the same special permit considering we are still governed by the same General Plan and CDP and that our use is accompanied by 16 years of ongoing commercial agricultural activity and a commitment to continue agricultural activity in the future. 5. SCALE DRAWN PLOT PLAN FIGURE O: Site Plan - Scale Drawn to Plot 42 7. Any other plans or additional information relevant to this application: ● We are supportive of any conditions required for on-going operation including but not limited to: 1. Farm credibility and ongoing proof of farming Statutory language requiring: 1. Bona fide farm operation test: Definition tied to "farming operation" in HRS 165-2 and "bona fide agricultural activity" in HRS 205-4.5 2. Required farm plan describing crops, area in production, and farm practices 3. Annual documentation of farm activity: a. Gross farm receipts (expenses) b. Gross farm income (invoices) / income requirements - i.e. min. $2.5-$5K gross/year per acre c. Photos d. Planting/harvest logs e. Description of how guests can engage with or learn about the farm f. Annual reporting and renewal: "Farm-stay permission shall be renewed annually upon demonstration that the farm is still in operation and meeting production or activity benchmarks" 4. Termination of Special Permit if farm activity ceases 2. Demonstration of Non-dedicated / Dedicated Ag Footprint - Documented via Site Plan 3. Farmer Occupied / Operated a. The property must be the principal residence of the farmer/owner or a designated resident operator who is directly involved in the farm b. Hosted only: No unhosted stays; guests must be staying where the farmer or resident operator lives on site c. No future use of additional farm dwellings (upholding Supreme Court decision) 4. Duration and character of stays a. Short, educational stays only: Limit stays to 21 days or less per guest, consistent with HRS 205-4.5 b. Require farm-related experiences: Overnight guests are offered farm-related experiences (tours, work-days, classes, tastings, product sales) so it's clearly agritourism, not generic lodging 5. Enforcement and revocation a. Automatic revocation: If the farm fails to show bona fide agricultural activity or if unhosted use is documented, the farm-stay permission is automatically revoked 44 b. Explicit non-resort language: Agricultural tourism overnight accommodations shall be accessory to bona fide agricultural operations and shall not be used to create resort-like uses or residential subdivisions on agricultural lands. i. Accessory should be defined by the amount of land allocated and the amount of work (vs. solely the amount of income generated or that agriculture needs to make more money than the wellness inspired farm-stay) ● KNOWN ISSUES: There are two overarching issues occurring in the subject property that need to be resolved as part of this Special Permit Process: 1. Farm Dwelling built in 2007 Bedroom inconsistencies in systems of record: i. Intended Use / Special Permit Planning Department: 3 bedroom 1. Current Building Department (DPW): 1 bedroom, 1 office, 1 storage room 2. Current Real Property Tax Office: 2 bedrooms ii. We are working with DPW and Real Property Tax Office separately to adjust the bedroom count to 3 so that the bedroom count will be accurately and consistently represented in each agency’s record. 1. Special Permit Requirements for B&B: Farm Dwelling must be recognized as a 3 bedroom in order to operate those rooms in the B&B. 2. Real Tax Office: On Feb 25, 2025 requested a modification by the appraiser to change: a. Farm Dwelling from 2 bedroom to 3 bedroom i. The appraiser is extremely busy completing data changes for Fiscal Year 2026 and while our property is on the list of property visits/appraisals, we could not get a commitment that this would definitely happen by the Fiscal Year 2026 assessment notice of March 15 3. DPW: Currently the farm dwelling is permitted as a 1 bedroom, 1 office, 1 storage room. We are working to “Reclassify existing den and storage room as bedrooms; no construction work. BOTH the den and storage rooms already meets egress, ventilation, and smoke‑alarm requirements.” The process we are following: a. Architect Create a new Plan Package for the Farm Dwelling: i. New Site Plan created ii. New Plans for Existing floor plans created iii. New Plans for Proposed floor plans iv. Submit Residential Alteration Permit (Permit: PW.B2026-001050) to redesignate the office and storage rooms to official “bedrooms” (No physical changes or alterations needed) 45 v. Even though this request is to redesignate existing rooms, it may trigger the need to design, permit and build a septic system as a Health Department, Sanitation and Wastewater requirement. Applicants are researching with the Health Department for requirements. 2. Unpermitted Pavilion style, accessory structure built in 2014. i. We fully disclose the existence of the currently unpermitted pavilion‑style structure on the property and affirm that it will not be used in any way for the proposed B&B or to accommodate guests until it is fully permitted by all required agencies. ii. If there are issues with completing the AS-IS Building permit, we respectfully request the Commission’s understanding and a reasonable timeframe (ideally up to 3 years) to design, permit, and/or modify the pavilion and required septic infrastructure so that it can be brought into full code compliance without creating an immediate, undue financial hardship. If we cannot complete the project in the required time, we will go back to the Planning Department and seek additional accomodations. iii. Bringing Building into Compliance: 1. Work with DPW, Planning, Public Health (Sanitation) and Architect to: a. Get formal determination if structure can be permitted as a guest house or detached bedroom b. Determine design and structural changes needed and create plans with Structural Engineering Firm/ Architect (in progress) c. Determine whether a 2nd cesspool to septic conversion will be required by the Department of Health i. Consulting with Septic Design Consultant to determine design d. Modify building if needed to get a DPW building permit, work with electrician, plumber, etc. to bring building into full compliance. 46 County of Hawai‘i DEPARTMENT OF FINANCE - REAL PROPERTY TAX Aupuni Center • 101 Pauahi Street • Suite No. 4 • Hilo, Hawai‘i 96720 • Fax (808) 961-8415 Appraisers (808) 961-8354 • Clerical (808) 961-8201 • Collections (808) 961-8282 West Hawai‘i Civic Center • 74-5044 Ane Keohokalole Hwy. • Bldg. D, 2nd Flr. • Kailua Kona, Hawai‘i 96740 Fax (808) 327-3538 • Appraisers (808) 323-4881 • Clerical (808) 323-4880 Hawai‘i County is an Equal Opportunity Provider and Employer C. Kimo Alameda, Ph.D. Mayor William V. Brilhante Jr. Managing Director Diane Nakagawa Finance Director Malia A. Kekai Deputy Director Date: 5/19/2026 Tax Map Key: 8-2-008-079 PL-SPP-000123 To: Planning Director From: Real Property Tax Office Subj: Request for Comments and/or Review Comments from the Appraisal Section: Property is receiving agricultural use value Property is dedicated to agricultural use Possible rollback taxes There are no comments at this time Remarks: parcel application approved for 10 year ag dedication starting FY2027. Appraiser to Contact: Jennifer Long Phone: 808-323-4883 Comments from the collection section: Status of real property taxes: Current Delinquent / Amounts $ Amount includes tax, penalty & interest up to Remarks: Collection personnel to contact: Karen Visaya Phone: 808-961-8282 [SJ □ □ □ JOSH GREEN, M.D. KENNETH S. FINK, M.D, MGA, MPH GOVERNOR OF HAWAII DIRECTOR OF HEALTH KE KIA’AINA O KA MOKU’AINA O HAWAI’I KA LUNA HO’OKELE STATE OF HAWAII DEPARTMENT OF HEALTH P.O. BOX 916 HILO, HAWAII 96721-0916 MEMORANDUM DATE: May 26, 2026 TO: Mr. Jeffrey W. Darrow Planning Director, County of Hawaii FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Special Permit Application (PL-SPP-2026-000123) Applicant: Paul Byron and Heather Korotie Request: To Establish a Five-Bedroom Bed and Breakfast With a Maximum of Ten Guests and Wellness/Massage Operation With a Maximum of Ten Sessions Per Week TMK: 8-2-008:079, Captain Cook, South Kona, Hawaiʻi 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), Jeffrey W. Darrow May 26, 2026 Page 2 of 4 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/. Safe Drinking Water Branch Jeffrey W. Darrow May 26, 2026 Page 3 of 4 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 purpose of these guidelines is to provide interpretation of the Department of Health’s Administrative Rules, Title 11, Chapter 50, Food Safety Code, as it pertains to Bed and Breakfast operations. 2. A “Bed and Breakfast” establishment where food is served to no more than six guests, so long as the person in charge obtains food protection certification pursuant to section HAR 11-50-20(c), food operations are limited to those risk categories enumerated in section 11-50-7(e)(1)- (4) (receiving; cold storage, holding, preparation, thawing, hot storage, holding, and thermal processing) and signage, with Jeffrey W. Darrow May 26, 2026 Page 4 of 4 lettering no smaller than one inch in height, remains posted at the entrance to the kitchen within the home notifying any consumer that the food served is "Made in a home kitchen not routinely inspected by the Department of Health" shall be exempt from the provisions of this chapter except that they shall remain subject to inspection. Other 1. CDC - Healthy Places - Healthy Community Design Checklist Toolkit 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. 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 May 29, 2026 TO: Moses Ramos-Kia Tupua - County of Hawaii – Planning Dept. 101 Pauahi St. STE 3 Hilo, HI 96720 SUBJECT: Special Permit application (PL-SPP-2026-000123 Applicant: Paul Byron and Heather Korotie Owner: Paul Byron and Heather Korotie TR Request: To Establish a Five Bed and Breakfast With a Maximum of Ten Guest and Wellness / Massage Operation with a Maximum of Ten Sessions Per Week TMK: (3) 8-2-008:079 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. 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: All accessory structures identified on site plan shall be permitted for its intended use and comply with current building codes. Change of use application PW.B2026-001050 plan review comments shall be corrected, permit issued and inspected for code compliance. This status report reflects Building Division records only and does not include information from other agencies. Should you have any questions regarding matters contained herein, please feel free to contact Chris Domino at phone number (808) 323-4720 P 95 ° JOSH M.D.OF HAWAI` GOVERNOR OFFICE OF PLANNING SYLVIALUKE LT.GOVERNOR SUSTAINABLE DEVELOPMENT MARYALICEORECAN TOR 235 South Beretania Street,6th Floor,Honolulu,Hawaii 96813 Telephone: 808)587-2846 Mailing Address: P.O.Box 2359,Honolulu,Hawaii 96804 Fax: 808)587-2824 Web: https:Hplanning.hawaii.gov/ Coastal zone DTS 202605151848NA Management Program Environmental Review June 9, 2026 Program Land Use Commission Mr. Jeffrey W. Darrow Land Use Division Planning Director 101 Pauahi Street, Suite 3 Special Plans Branch Hilo, Hawai`i 96720 State Transit-Oriented Ann: Moses (MOke) Ramos-Kia TupuaDevelopment Statewide Geographic Dear Mr. Darrow: Information System Statewide Subject: Special Permit Application (PL-SPP-2026-000123)to Establish a Five- Sustainability Branch Bedroom Bed and Breakfast with a Maximum of Ten Guests and Wellness/Massage Operation with Maximum of Ten Sessions Per Week Located at 82-5680 Kahau Place, Captain Cook, Hawaii; Tax Map Key: 3) 8-2-008:079 The Office of Planning and Sustainable Development(OPSD) is in receipt of your consultation request, received May 15, 2026, on a Bed and Breakfast B&B)permit application for an existing owner-occupied farm. According to the request, the proposed B&B is on 1.71 acres of State Land Use District Agricultural-zoned land. The applicant is proposing to establish a five-bedroom, owner-occupied farm-stay bed and breakfast with an on-site massage studio offering guest health and wellness services. No new construction is proposed and all B&B activities will be conducted within existing structures. The application states that the length of stay will be less than 21 consecutive days per guest. Currently, the parcel is an active agricultural operation as well as a primary residence for the owners. The application states that over 70 percent of the property is used agriculturally and that the B&B will provide additional income to support the working farm. The application states that the project is located in Flood Zone X, which represents areas outside of the 0.2% annual chance flood plain. This is not a coastal parcel but is located in the Special Management Area(SMA). Mr. Jeffrey Darrow June 9, 2026 Page 2 The OPSD has reviewed the subject request and notes that there are two cesspools for the residence and farm. Act 125 was passed in the 2017 legislative session and requires the replacement of all cesspools by 2050. OPSD acknowledges that the applicant notes that a cesspool to septic conversion"seems to be required for this project." OPSD recommends that the applicant ensure that the current system in place has capacity for the proposed increased usage as well as consult with state and county entities for cesspool to septic conversion. If you respond to this comment letter, please include DTS 202605151848NA in the subject line. For any questions regarding this letter,please contact Rachel Beasley of our office at(808) 587-2888 or by email at rachel.e.beasley2hawaii.gov. Sincerely, Mary Alice Evans Director 1 Ramos-Kia Tupua, Moses (Moke) From:Heather Korotie <> Sent:Friday, July 17, 2026 10:30 AM To:dws@hawaiidws.org Cc:Ramos-Kia Tupua, Moses (Moke) Subject:Attn: Jacob Sakaguchi Follow Up Flag:Follow up Flag Status:Completed Aloha Jacob, Thank you for talking with me a few days ago and suggesting I write a letter. It sounds like we might have a hearing date for our Special Permit, so I would love to resolve this asap. Would you be able to send another letter to the Planning Department addressing these issues? 1) The lot has been built with 2 permitted farm dwellings and a farm plan submitted to planning before the 2nd farm dwelling was built. The letter states that we are only supplied water for 1 single family dwelling but how is this possible with 2 permitted farm dwellings? 2) The Special Use permit will not include any incremental traffic than what we are already doing as we have been operating as a 5 bedroom B&B (hosted overnight accommodations) for 10 years. We have, however, increased our agricultural activity. 3) A significant aspect of the Special Permit is that we are in the State Agricultural Land District. We are formally entering the Ag tourism space with this Special Permit. If we were in ANY other District, we would not need a Special Permit to operate. We would register to operate a B&B and would not have to address additional water capability. It also seems unfair to add this to the Special Permit process for those of us in the State Agricultural District when I believe we actually should be in the State Rural District (which would not have flagged this as an issue.) 4) We have worked really hard to establish Ag as our primary use, which recently was formally recognized as 85% by the Real Property Tax Office inspection. We have just under 300 fruit bearing trees and about 1,000 square feet of vegetable and herb garden space. What water use is allowed for a 2 acre lot with 85% dedicated Ag use on a lot in the State Agricultural District? Without agriculture, we can EASILY cut our water use to 400 gallons per day, but that feels contradictory to how we are supposed to be using our land. It seems like a policy or capability issue that undermines agricultural activity, which the State and County are trying to protect. 4) Was the original letter written considering this lot is in the State Agricultural District? Are there any special policies for this District? Can you please consider re-submitting a letter that supports our agricultural activity and comments on the water usage appropriate for supporting a 1.7 acre farm with 85% dedicated Ag use (per a recent survey by the Real Property Tax Office) Many thanks for considering my request. ~Heather From: AOL To: Darrow.Jeffrey W.; Ramos-Kia TUDua, Moses(Moke) Cc: Subject: Special Permit PL-SPP-2026-000123 Date:Monday,July 20,2026 5:48:06 PM Attachments: B&B.doc Paleaku Gardens Peace Sanctuary An Educational and Cultural Organization 83- 5401 Painted Church Road Captain Cook, HI 96704 Phone: 808-328-8084 Fax, 808-328-2541 Email: paleakuphawaii.rr.com Web: www.paleaku.com To; Planning Director - ieff.darrowl hawaiicountaov Cc: Moses (Moke) Ramos-Kia Tupua, Planner III - mosesMoke.Ramos- KiaTupua e hawaiicountyaov Dear Director Darrow: I am writing in support of the Special Permit application PL-SPP-2026-000123 submitted by Heather Korotie and Paul Byron for their property identified as TMK (3) 8- 2-008.079 in South Kona. As the founder and executive director of Paleaku Gardens Peace Sanctuary, and as a long-time steward of nearby land along Painted Church Road, I care deeply about land use decisions that affect the character and stability of our rural community. Responsible, small-scale uses that allow resident owners to remain on and continue caring for their land are essential to keeping this area livable and grounded in agriculture and open space. Heather and Paul are long-time residents who live on and actively manage their farm. Their application seeks approval for a modest, hosted bed and breakfast tied to their working farm and to their continued presence on the land. In my experience, hosted, limited-scale accommodations of this kind can be compatible with rural and agricultural surroundings when carefully conditioned and monitored. As part of their hosted farm-stay, Heather and Paul actively refer guests to local businesses, farns, educational centers, and non-profits including ours, which helps support our operations. I also believe that resident hosts are in the best position to ensure that guests respect neighborhood expectations, quiet enjoyment, and the rural setting of South Kona. On-site stewardship and accountability make a meaningful difference in how a use functions in practice, helping to protect the sense of peace and continuity that places like Paleaku and this wider area have worked for decades to foster. Based on my understanding of Heather and Paul's proposal, I believe their Special Permit application is consistent with responsible, community-minded land use and supports the ongoing viability of a small agricultural operation. For these reasons, I respectfully support approval of Special Permit PL-SPP-2026-000123. Thank you for your time and consideration. Sincerely, Barbara DeFranco Founder and Executive Director Paleaku Gardens Peace Sanctuary Paleaku Gardens Peace Sanctuary An Educational and Cultural Organization 83-5401 Painted Church Road Captain Cook, HI 96704 Phone: 808-328-8084 Fax: 808-328-2541 Email: paleakukhawaii.rr.com Web: www.paleaku.com To; Planning Director-leff.darrow(c hawaiicounty.aov Cc: Moses (Moke) Ramos-Kia Tupua, Planner III - mosesMoke.Ramos-KiaTupua(a-)_hawaiicounty.gov Dear Director Darrow: I am writing in support of the Special Permit application PL-SPP-2026-000123 submitted by Heather Korotie and Paul Byron for their property identified as TMK(3)8-2-008:079 in South Kona. As the founder and executive director of Paleaku Gardens Peace Sanctuary, and as a long-time steward of nearby land along Painted Church Road, I care deeply about land use decisions that affect the character and stability of our rural community. Responsible, small-scale uses that allow resident owners to remain on and continue caring for their land are essential to keeping this area livable and grounded in agriculture and open space. Heather and Paul are long-time residents who live on and actively manage their farm.Their application seeks approval for a modest, hosted bed and breakfast tied to their working farm and to their continued presence on the land. In my experience, hosted, limited-scale accommodations of this kind can be compatible with rural and agricultural surroundings when carefully conditioned and monitored. As part of their hosted farm-stay, Heather and Paul actively refer guests to local businesses, farns, educational centers, and non-profits including ours,which helps support our operations. I also believe that resident hosts are in the best position to ensure that guests respect neighborhood expectations, quiet enjoyment, and the rural setting of South Kona. On-site stewardship and accountability make a meaningful difference in how a use functions in practice, helping to protect the sense of peace and continuity that places like Paleaku and this wider area have worked for decades to foster. Based on my understanding of Heather and Paul's proposal, I believe their Special Permit application is consistent with responsible, community-minded land use and supports the ongoing viability of a small agricultural operation. For these reasons, I respectfully support approval of Special Permit PL-SPP-2026-000123. Thank you for your time and consideration. Sincerely, Barbara DeFranco Founder and Executive Director Paleaku Gardens Peace Sanctuary Our mission is to offer a sanctuary for the advancement of individuals and communities toward peace and harmony. We are a seven-acre botanical healing garden and learning center that provides facilities for educational, spiritual, and cultural programs and events.