HomeMy WebLinkAbout09_016County of Hawai'i
PLANNING COMMISSION
Aupuni Center.lOl Pauahi Street,Suite 3 • Hila, Hawai'i 96720
Phone (808)961-8288 •Fax (808)961-8742
February 23,2010
Mr. Michael Tuttle
Hale Ohia LLC
P.O. Box 758
Volcano, HI 96785
Dear Mr. Tuttle:
Use Permit Application (USE 09-000016)
Applicant: Hale Ohia LLC
Request: To Allow the Establishment ofa 5-Bedroom Bed and Breakfast Operation
On 14,961 Square Feet ofLand Within the County's Single Family Residential
(RS-20) Zoned District
Tax Map Key: 1-1-5:46
The Windward Planning Commission at its duly held public hearing on February 5, 2010,voted
to approve the above-referenced application to allow the establishment ofa 5-bedroom bed and
breakfast operation within an existing dwelling and a detached bedroom situated on
approximately 14,961 square feet ofland within the Single Family Residential (RS-20)zoned
district. The property is located along Hale Ohia Road approximately 65 feet south of its
intersection with Highway II (Volcano Highway), Hale Ohia Tract Subdivision,Volcano,Puna,
Hawai'i.
Approval ofthis request is based on the following:
The applicant is requesting a Use Permit to allow the establishment ofa five-
bedroom bed and breakfast operation (Hale Ohia Cottages). Hale Ohia, also known as
uluwena or "hidden place",was built in 1931 by James Johnston.The applicant has
operated Hale Ohia bed and breakfast operation since 1992. The bed and breakfast
operation will consist ofthe following:
• Four bedrooms in the Ohia Cottage.
• One bedroom in a detached cottage (Cottage 44).
The applicant has recently subdivided his property into two parcels and would like
to operate a five-bedroom bed and breakfast operation on each parcel.An amendment
Hawai 'i County is an Equal Opportunity Provider and Employer
Mr. Michael Tuttle
Hale Ohia LLC
Page 2
request for the existing Use Permit (Use Permit No. 165) on TMK: 1-1-5: 19 has been
submitted concurrently with this application.
In considering a Use Permit for any proposed use, Rule 7 ofthe Planning
Commission relating to Use Permits, requires that such action conform to the following
guidelines:
A.The granting ofthe proposed use shall be consistent with the general
purpose ofthe zoned district, the intent and purpose ofthe Zoning Code
and the County General Plan;
B. The granting of the proposed use shall not be materially detrimental to the
public welfare nor cause substantial adverse impact to the community's
character or to surrounding properties;and
C.The granting ofthe proposed use shall not unreasonably burden public
agencies to provide roads and streets, sewers, water, drainage, school
improvements,police and fire protection and other related infrastructure.
The five-bedroom bed and breakfast operation meets the guidelines for approval
ofa Use Permit, for the reasons outlined below:
The granting of the proposed nse shall be consistent with the general purpose
of the zoned district, the intent and purpose of the Zoning Code and the County
General Plan.The Use Permit process provides an avenue to review and analyze a
proposed project on a case-by-case basis relative to infrastructure and impacts on
surrounding properties and existing uses, as well as consistency with the Zoning code and
with the goals and polices ofthe General Plan.According to the Zoning Code, Single
Family Residential districts "provide for lower or low and medium density residential
use, for urban and suburban family life." This includes bed and breakfast operations,
which are considered accessory or subordinate to the principle use ofthe property as a
residence.Section 25-4-7 ofthe Zoning code provides guidelines for bed and breakfast
operations. Based upon the applicant's representation,the bed and breakfast operation
will meet with the requirements ofthe Zoning Code, Section 25-4-7(b),regarding bed and
breakfast establishments.
Bed and breakfast accommodations are becoming increasingly popular with
visitors to the island, who seek a quieter, more authentic experience oflocallife.Bed and
breakfast businesses provide an economic opportunity for County residents, who can
supplement their incomes by sharing their homes with visitors.Recognizing this benefit,
Ordinance No. 92-104 was originally passed by the County Council in 1992 (with
Mr. Michael Tuttle
Hale Ohia LLC
Page 3
amendments to the Zoning Code in 1996 and 2000),to allow for bed and breakfast
operations.Restrictions and standards continue to focus on the use remaining secondary
to the principal use ofthe property as a residence.On residential zoned lands within a
State Land Use Urban District, impacts from bed and breakfast operations can be properly
addressed and mitigated through the approval ofa Use Permit.
The applicant is requesting to allow the establishment ofa five-bedroom bed and
breakfast establishment within an existing 2-story,single family dwelling and a detached
cottage on a 14,961-square foot lot located within the Hale Ohia Tract Subdivision.An
operator will live within Ohia Cottage on the subject property.There will be three (3)
additional employees, which consist ofa two (2)part-time cleaning people and a person.
to care for the lawn, as well as the operator of the B&B. The amount ofguests on the
property will not exceed 10 at any given time. The driveway and parking areas are
graveled to accommodate guest parking,which should eliminate erosion, mud and
standing water.Adequate utilities and services are available at the site.
The General Plan designation for this area is Medium Density Urban,which
allows for village and neighborhood commercial and single family and multiple family
residential and related functions (multiple family residential--up to 35 units per acre. As
the proposed bed and breakfast operation will be established within an existing single
family dwelling and a detached cottage, the use will not alter the appearance or character
ofthe neighborhood,which is made up ofseveral single family dwellings and cottages
owned by applicant.
The proposed bed and breakfast operation will complement the following goals,
policies and standards ofthe Economic and Land Use elements ofthe General Plan:
Economic Element
•Provide residents with opportunities to improve their quality oflife through
economic development that enhances the County's natural and social
environments.
•Economic development and improvements shall be in balance with the physical,
social and cultural environments ofthe island ofHawai'i.
•Provide an economic environment that allows new,expanded,or improved
economic opportunities that are compatible with the County's cultural,natural and
social environment.
Mr. Michael Tuttle
Hale Ohia LLC
Page 4
•Strive for an economic climate which provides its residents an opportunity for
choice ofoccupation.
•Encourage the development ofa visitor industry that is consistent with the social,
physical and economic goals ofthe residents ofthe County.
Land Use Element
•Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments ofthe County.
•Encourage the development and maintenance of communities meeting the needs
of its residents in balance with the physical and social environment.
Therefore,the bed and breakfast establishment would be consistent with the
Zoning Code and is in keeping with the goals,policies and standards ofthe General Plan.
The granting of the proposed use shall not be materially detrimental to the
public welfare nor cause substautial,adverse impact to the community's character
or to surrounding properties.The subject property is located in the Hale Ohia Tract
Subdivision.The adjacent parcels to the west, the adjacent parcel to the east and the road
lot are owned by the applicant and are similarly zoned RS-20. There is a large vacant
parcel,which is approximately 300 acres in size, to the rear ofthe subject property that is
owned by W.H. Shipman and zoned A-20a.Additionally,there are several other
approved bed and breakfast establishments in the Volcano area. As such, it is not
anticipated that the approval ofthis bed and breakfast operation will have any adverse
impact in the community or on other similar uses in the area.
The granting ofthe proposed use will not unreasonably burden public
agencies to provide roads and streets,sewer,water,drainage,school improvements,
police and fire protection and other related infrastructure.Access to the subject
property is from Volcano Highway (Highway II)onto Hale Ohia Road,which is a
private road owned by the applicant (TMK: 1-1-05:42). The section ofHale Ohia Road
that fronts the subject property has an approximate pavement width of10 feet with grass
shoulders. The gravel driveway is approximately 14 feet 5 inches wide and there is
adequate guest parking located on site for guests.
County water is not available to the project site. A water catchment system is
available and is filtered twice through charcoal filter systems. A condition ofapproval
will be added requiring the applicant to provide bottled water for guests ofthe bed and
breakfast operation. Wastewater will be disposed ofinto an existing cesspool. Lastly, a
Mr. Michael Tuttle
Hale Ohia LLC
Page 5
condition will be added requiring the applicant to comply with all applicable County,
State and Federal laws, rules,regulations and requirements.Based on the above
information,it is not anticipated that the granting ofthe proposed request will
unreasonably burden public agencies to provide additional improvements or
infrastructure.
The proposed request will not have a significant adverse impact to
traditional and customary Hawaiian Rights.In view ofthe Hawai'i State Supreme
Court's "PASH"and "Ka Pa 'akai 0 Ka 'Aina "decisions,the issue relative to native
Hawaiian gathering and fishing rights must be addressed in terms ofthe cultural,
historical,and natural resources and the associated traditional and customary practices of
the site:
Investigation ofvalued resources: No formal archaeological reconnaissance
survey, oral history ofkamaaina accounts ofthe area,historical survey of documentary
records,botanical and/or fauna study was submitted.
The valuable cultural,historical,and natural resources found in the pennit area:
As the property has been cleared,landscaped and developed,an arcbaeological inventory
survey ofthe site was not conducted. The Department ofLand and Natural Resources-
State Historic Preservation Division has issued a "no-effect"letter dated November 23,
2009 stating that DLNR-SHPD determines that no historic properties will be affected by
this project.
Possible adverse effect or impainnent ofvalued resources:The property does not
abut the shoreline,therefore Hawaiian gathering and fishing rights is not an issue.
Feasible actions to protect native Hawaiian rights. To the extent to which
traditional and customary native Hawaiian rights are exercised,the proposed action will
not affect traditional Hawaiian rights and no action is necessary to protect these rights. A
condition ofapproval will be included to require the applicant to notify the DLNR-SHPD
should any unidentified sites or remains be encountered,and proceed only upon an
archaeological clearance from the DLNR-SHPD.
Based on the above, the request to allow the establishment ofa five-bedroom bed and breakfast
operation is hereby approved by the Windward Planning Commission.Approval ofthis request
is subject to the following conditions:
1. The applicant,successor or assigns shall be responsible for complying with all
stated conditions ofapproval.
Mr. Michael Tuttle
Hale Ohia LLC
Page 6
2. The applicant shall comply with all applicable requirements of Section 25-4-7 of
Chapter 25,Hawai'i County Code, (Zoning Code), relating to Bed and Breakfast
Establishments.
3. The bed and breakfast operation shall be limited to the use offive (5)bedrooms.
4. The applicant shall provide bottled water for the guests ofthe bed and breakfast
operation.
5. The applicant shall comply with the requirements ofthe Department ofHealth
regarding individual wastewater systems.
6. Should any remains ofhistoric sites, such as rock walls, terraces,platforms,
marine sell concentrations or human burials be encountered, work in the
immediate area shall cease and the Department ofLand and Natural Resources-
Historic Preservation Division (DLNR-HPD) shall be immediately notified.
Subsequent work shall proceed upon an archaeological clearance from the DLNR-
SHPD when it finds that sufficient mitigative measures have been taken.
7. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
8.Should any ofthese conditions not be met or substantially complied with in a
timely fashion, the Director may initiate procedures to revoke this Use Permit.
This approval does not, however, sanction the specific plans submitted with the application as
they n:ay be subject to change given specific code and regulatory requirements ofthe affected
agencies.
Mr. Michael Tuttle
Hale Ohia LLC
Page 7
Should you have any questions, please contact the Planning Department at 961-8288.
Sincerely,
~{Jaco~,~
Rell Woodward,Chairman
Windward Planning Commission
Lhaleohiause09-000016PC
cc:Department ofPublic Works
Department ofWater Supply
County Real Property Tax Division
DOT-Highways,Honolulu
Department ofHealth
State DLNR-HPD
Mr.Gilbert Bailado