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HomeMy WebLinkAboutItem #3 PD RECOMMENDATION (SPP 20-215)Reynolds-SPP20-215.jma 06-03-20 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION JOHN AND PARIS REYNOLDS SPECIAL PERMIT APPLICATION (SPP 20-000215) Upon review of the request against the guidelines under Rule 6 of the Planning Commission Rules of Practice and Procedures for granting a Special Permit, the Planning Director is recommending that this request to allow a one bedroom bed and breakfast establishment within an existing one-bedroom farm dwelling be approved by the Planning Commission. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This approved recommendation is based on the following findings: The applicants,who reside on the property, are requesting a Special Permit to allow a one-bedroom bed and breakfast operation in an existing,permitted one-bedroom farm dwelling. The bed and breakfast will operate within the existing footprint of the farm dwelling,with the intention to provide accommodations for no more than two adults. According to the applicants, guests will have the opportunity to experience an operational farm, to participate in daily livestock feeding and collection of fresh eggs, as well as to learn about sustainable farm practices. The granting of this request would promote the effectiveness and objectives of Chapter 205, Hawaii Revised Statutes, as amended. The State Land Use Law and Regulations are intended to preserve, protect and encourage the development of lands in the State for those uses to which they are best suited in the interest of the public health and welfare of the people of the State of Hawai`i. In the case of the Agricultural District, the intent is to preserve or keep lands of high agricultural potential in agricultural use. The use will be located within the existing footprint of the farm dwelling which is situated within an area where soils are classified as "C"or Fair by the Land Study Bureau's Overall Master Productivity Rating and designated as "Prime"by the Department of Agriculture's ALISH Map. The proposed bed and breakfast use will be subordinate and incidental to the principal agricultural use by the applicant. The proposed use will not displace existing agricultural activity or diminish the agricultural potential of the subject property. Therefore, the proposed use will not adversely affect the preservation and agricultural use of the County's prime agricultural lands and is not contrary to the objectives sought to be accomplished by the State Land Use Law and Regulations. The proposed use is an unusual and reasonable use of land situated within the State Land Use Agricultural District. In recognizing that lands within agricultural districts might not be best suited for agricultural activities and yet classified as such, and in recognition that certain types of uses might not be strictly agricultural in nature, yet reasonable in such districts,the legislature has provided for the Special Permit process to allow certain unusual and reasonable uses within the Agricultural district. The subject property is approximately 5 acres in size and situated within the County's Agricultural A-5a)zoned district. The applicants currently reside in the farm dwelling approved as an additional farm dwelling, under FDA 06-000151. The proposed bed and breakfast operation will operate within the original farm dwelling built on the subject property. The applicants will maintain the current use of the remainder of the property as an operational farm,with crops and livestock, including Black Angus cattle, St. Croix hair- sheep and domestic chickens. Therefore, the subject request is considered an unusual and reasonable use of the agricultural land. The desired use shall not adversely affect the surrounding properties. The existing farm dwellings are situated on a 0.5-acre portion of the 5-acre parcel. Surrounding lands to the north and south of the property are zoned Agricultural 5-acre A-5a),Agricultural 3-acre(A-3a) and Family Agricultural 1-a(FA-1a); lands to the west are zoned Agricultural 1-acre (A-la); lands to the east are zoned Agricultural 40-a(A- 40a). Uses in the surrounding area consist primarily of agricultural lands and farm dwellings with several special permits allowing commercial operations. The closest dwellings are located on Nani Waimea Street,bordering the property to the west, and bordering the property to the north. Parcel No. 6-4-017:064,to the immediate north of the subject property, was approved for Special Permit No. 1247, as amended, on November 8, 2018,to allow the after-the-fact operation of a motor vehicle and 2- motorcycle inspection station facility. Parcel No. 6-4-017:019, located two parcels to the east of the subject property, was approved for Special Permit No. 10-000109, for an automotive maintenance shop. There will be no employees other than the applicants associated with the bed and breakfast operation. Due to the minimal size of the operation, it is not anticipated that the proposed use will adversely affect the surrounding properties. Such use shall not unreasonably burden public agencies to provide roads and streets, sewers,water, drainage, school improvements, and police and fire protection. It is anticipated that traffic to be generated by the proposed one-bedroom bed and breakfast facility would be minimal. Access to the site is from Mamalahoa Highway to Kauakea Road, a private roadway in good condition, with a pavement width of 16 feet. Kauakea Road is owned by Kauakea Community Association Inc. of which property belongs to and is accessible to the subject property. The Department of Public Works did not express any concerns regarding the proposed use. There is no municipal sewer system in the subdivision. The applicant currently utilizes an existing,permitted cesspool. The property is serviced by the Department of Water Supply(DWS) and DWS has stated, in a comments letter dated June 1, 2020, that the existing 5/8"meter assigned to the subject parcel is adequate to accommodate the proposed water demand. Furth-ignore, DWS verified that the existing 12-inch waterline within Mamalahoa Highway is adequate to provide the required 2,000-gallons per minute flow for fire protection,per DWS standards. The dwelling that will be converted to the proposed use has a private water meter. The property is situated within an area designated as Flood Zone X on the Flood Insurance Rate Map (FIRM)by FEMA, an area of minimal flood hazard located outside the 500-year flood plain. An additional condition of approval will include that the applicant meets all applicable County, State and Federal laws, rules, regulations and requirements. The proposed use will not substantially alter or change the essential character of the land and the present use. The proposed request of a one-bedroom bed and breakfast operation will be conducted within an existing farm dwelling. The character of the surrounding lands is predominantly rural/agricultural in nature,with 3- scattered farm dwellings and limited commercial operations. The applicants currently reside within one of the existing farm dwellings on the property. The proposed use is considered accessory to the farm dwelling. Therefore, the proposed request is considered an unusual and reasonable use of the agricultural land and will not substantially change the essential character of the land and the present use. The request is not contrary to the General Plan's Land Use Pattern Allocation Guide (LUPAG) Map that defines the subject property and immediately surrounding area as Important Agricultural Lands. The request is not contrary to the goals,policies and standards of the General Plan. The Land Use Pattern Allocation Guide(LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The property where the proposed request would be located is designated as Important Agricultural Lands. The Important Agricultural Lands designation includes existing subdivisions in the State Land Use Agricultural districts that have a significant residential component. These subdivisions may contain small farms, wooded areas, and open fields as well as residences. Allowable uses within these areas, with appropriate zoning, may include commercial facilities that serve the residential and agricultural uses in the area, and community and public facilities. The proposed request is consistent with the General Plan designation for this area. The approval of the subject request would support the goals and policies of the Land Use and Economic elements of General Plan. Land Use Element Designate and allocate land areas in appropriate proportions and mix and in keeping with the social, cultural, and physical environments of the County. The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. 4- Economic Element Provide residents with opportunities to improve their quality of life. Economic development and improvements shall be in balance with the physical and social environments of the island of Hawaii. The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. The County of Hawai`i shall strive for an economic climate which provides its residents an opportunity for choice of occupation. The County of Hawai`i shall encourage the development of a visitor industry which is consistent with the social,physical and economic goals of the residents of the County. The proposed request will allow the applicant an opportunity to improve their quality of life, provide an economic environment which allows this new, economic opportunity and increase the development of the visitor industry for Hawaii. Thus, the proposed request is consistent with the Land Use and Economic goals and policies of the General Plan. The proposed use is not contrary to the objectives sought to be accomplished by Chapter 205A, Hawaii Revised Statutes,relating to coastal zone management program. Given the fact that the property has been developed with two existing farm dwellings and with agricultural use, it is unlikely that any archaeological features and threatened species of plant or animal are present on the property. There is no designated public access to the ocean or mountain areas over the property. It is adjacent to existing residential and agricultural lands. The property is not located within the Special Management Area. Therefore, the proposed use will not adversely impact any recreational resources, including access to and along the shoreline, scenic and open space nor visual resources, coastal ecosystems, and marine and coastal resources. Further, the property will not be affected by coastal hazards or beach erosion. Based on the above considerations, the proposed one-bedroom bed and breakfast operation in an existing, permitted one-bedroom farm dwelling is an unusual and reasonable use of land, which would not be contrary to the objectives sought to be 5- accomplished by the Land Use Law and Regulations. Approval of this request is subject to the following conditions: 1.The applicants, successor or assigns shall be responsible for complying with all stated conditions of approval. 2.The applicants shall comply with all applicable requirements of Section 25-4-7 of the Zoning Code, as amended by Ordinance No. 00 152, relating to Bed and Breakfast Establishments. 3.The landowner shall submit a letter and other associated information(e.g., site map)to the Planning Department to designate the landowners' primary residence as the primary farm dwelling, and to designate the second dwelling as the Additional Farm Dwelling within six-months of this approval. 4.The bed and breakfast operation shall be limited to the use of one(1)bedroom. 5.Lastly, this approval is made with the understanding that the applicant remains responsible for complying with all other applicable governmental requirements in connection with the approved use, prior to its commencement or establishment upon the subject properties. Should any of these conditions not be met or substantially complied with in a timely manner, the Director may initiate procedures to revoke this Special Permit. 6-