2015-07-16 Leeward Exh A (SPP 15-180)

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the Hawai‘i Belt Road running in a north-south direction. The subject property is just mauka of Hawai‘i Belt Road. Just to orient the Commission this is the Ho‘okena Beach Park area here and Ho‘okena Beach Access Road up to the highway here. The property is currently zoned Agricultural-20 acres, which is shown in the dark green, and most of the properties mauka of the highway are also zoned Agricultural-20 acres. This is the General Plan LUPAG Map for the area, and again you can see the subject property outlined in red in the middle of the slide. The General Plan designation for the property is Extensive Agriculture, which generally is used for pasture uses. The applicant is requesting a Special Permit to allow a three-bedroom bed and breakfast operation within an existing five-bedroom dwelling situated on about 20 acres of land. Originally, the applicant intended to use four bedrooms; you’ll notice on the cover page of your application, the request was for four bedrooms. But in this process over the last month and a half working with the applicant, after receiving agency comments he has requested to downsize the request to three bedrooms because the Department of Health has rules, which require a food establishment permit and a certified kitchen for B&Bs accommodating over six guests. So the request now is for a three-bedroom B&B. This is a site plan of the applicant’s, and you can see the Hawai‘i Belt Road on the left side of the slide. There is an access driveway easement coming off of the highway that crosses the two properties to the north and then leads up to the subject property and the bed and breakfast operation. And this is an aerial photo of the area. Again, you can see the access easement coming off of the highway and curving around towards a storage building and then up to the B&B, which is located here. So the closest dwelling, as you can see, is located quite ways away across the highway in the makai direction. The properties surrounding this are used for orchard use, for pasture use, and then there is forest to the east. This is a better aerial photo of the property. This is the storage building that’s on the property, and then the driveway comes up from here, it’s a paved driveway, and leads up to the existing dwelling. The main wing of the house is located here and there are four rooms in this wing. The applicant is requesting to use three of the bedrooms in this wing. The Planning Director is recommending approving the permit with conditions. And that concludes my presentation. I’ll be happy to answer any questions you may have. BEAUDET: Commissioners, any questions or comments for staff? CHURCH: The only question I had was the Land Use Commission, I saw that, it says the applicant also says that granting this request would promote the effectiveness and objectives blah, blah, blah. The proposed use is therefore contrary to Chapter 205, HRS. I didn’t understand how that weighed in. Could you explain that? JACKSON: Yes. The Land Use Commission believes that overnight accommodations on Agricultural land is not permitted, except for on Maui, the way they interpret the law. The Planning Department takes a little bit different view of that; we view that any use can be permitted through a Special Permit on Ag land. The county Planning Commission has jurisdiction to make those decisions on any lands under 15 acres; the State Land Use Commission makes those decisions for lands over 15 acres in Agricultural Districts. So the way we are applying, or interpreting, 205 is 2 EXHIBIT A