HomeMy WebLinkAbout11-029County of Hawai'i
LEEWARD PLANNING COMMISSION
Aupuni Center.101 Pauahi Street,Suite 3 •Hila,Hawai'i 96720
Phone (808)961-8288 •Fax (808)961-8742
Ms.Judy Rogers
P.O.Box 190601
Hawi,HI 96719
Dear Ms.Rogers:
Use Permit Application (USE 11-000029)
Applicant:James Sargent
Request:To Allow a Bed and Breakfast Operation Utilizing Five Bedrooms
Within a 6-Bedroom Single Family Dwelling
Tax Map Key:5-5-015:041
The Leeward Planning Commission,at its duly held public hearing on November 17,2011,voted
to approve the above-referenced request to allow the establishment ofa 5-bedroom bed and
breakfast operation within an existing 6-bedroom single family dwelling on 2.27 acres ofland
within the Single Family Residential-15,000 square foot (RS-15)zoned district.The property
is located at 55-3456 Akoni-Pule Highway (Highway 270),which is on the south side ofAkoni-
Pule Highway approximately 700 feet east ofthe Akoni-Pule Highway (Highway 270)and Hawi
Road intersection,Hawi,North Kohala,Hawai'i.
Approval ofthis request is based on the following:
The applicant is requesting a Use Permit to allow the establishment ofa
5-bedroom bed and breakfast operation (plantation House B&B)within an existing
5-bedroom single-family dwelling 3.438 acres ofland within the Single-Family
Residential-15,000 square foot (RS-15)zoned district.The applicant would like to open
his house to guests to take them back in time and allow them to experience the beauty and
grandeur ofplantation style living.The house was originally constructed in 1910 and has
been listed on the Hawai'i Register ofHistoric Places since 1996.The operator ofthe
bed and breakfast operation will live in the guest house.
Hawai 'f COllnty i~an Eqllal Opportunity Provldel and Employer
Ms.Judy Rogers
Page 2
In considering a Use Pennit for any proposed use,Rule 7 ofthe Planning
Commission relating to Use Pennits,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 ofthe 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 Pennit,for the reasons outlined below:
The granting ofthe proposed use shall be consistent with the general purpose
of the zoned district,the intent and purpose ofthe Zoning Code and the County
General Plan.The Use Pennit 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 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.The County
Zoning Code,Section 25-4-7,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 oflocal life.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
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
••
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Ms.Judy Rogers
Page 3
to the principal use ofthe dwelling 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 Pennit.
The applicant is requesting to allow the establishment ofa five-bedroom bed and
breakfast establishment within an existing 2-story,5-bedroom,single-family dwelling on
a portion ofa 3.438-acre parcel located in Hawi town.The operator(s)will reside within
the existing guest house.The bed and breakfast operation will be open 7 days a week and
will serve a maximum of 10 guests per day.Employees will include a Director ofGuest
Services,and personnel that will be needed for cleaning,gardening and maintenance,
which will be on an "as-needed"basis.A continental breakfast will be served to guests.
Adequate utilities and services are available at the site.Thus,the bed and breakfast
activities would be consistent with the general purpose ofthe zoned district and the intent
and purpose ofthe Zoning Code.
The General Plan designation for this area is mainly Low Density Urban,which
allows for single-family residential uses,ancillary community and public uses,and
neighborhood and convenience-type commercial uses.As the proposed bed and breakfast
operation will be established within an existing single-family dwelling,the use should not
alter the appearance or character ofthe neighborhood,which is mainly made up ofsingle-
family residential dwellings.
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 improvement 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.
•Strive for an economic climate which provides its residents an opportunity for
choice ofoccupation.
Ms.Judy Rogers
Page 4
•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 ofcommunities meeting the needs
ofits residents in balance with the physical and social environment.
Therefore,the bed and breakfast establishment would operate within the
parameters ofbeing single-family residential in character,is consistent with the General
Plan designation and is in keeping with the goals,policies and standards ofthe General
Plan.
Lastly,the request is consistent with the North Kohala Community Development
Plan,which directs North Kohala's growth to areas within and near existing town centers
in order to preserve the district's open space and cultural resources,and to promote
agriculture.
The granting ofthe 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.The subject property is 3.438 acres (149,745 square feet)
in size and is irregular in shape.Itis located at 55-3456 Akoni-Pule Highway (Highway
270)in Hawi.The property is a condominium property regime (CPR)with five separate
units on the property.The applicant has interest in two ofthe CPR units (Unit 1-98,889
square feet in size and Unit 5-15,976 square feet in size).On Unit 1,there is a plantation
dwelling,a guest house,green house,3-car garage,lighted tennis court,swimming pool
and exercise room.There are other dwellings and structures on the property associated
with Units 2,3 &4.The surrounding area is urban and rural in nature and consists mainly
ofsingle-family residential uses.The dwelling and parking areas can accommodate the
bed and breakfast operation.The property is naturally landscaped to mitigate any
possible visual or noise impacts on the neighbors.Adequate public services and facilities
are also available to accommodate the proposed use.It is not anticipated that the
approval ofthis bed and breakfast operation will have a major impact in the community
or on other similar uses in the area.
The granting of the 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 property is
from Akoni-Pule Highway,which is a State highway that has a 22-foot pavement with
Ms.Judy Rogers
PageS
paved shoulders within an 80-foot right-of-way.There is adequate guest parking located
on site.It is not anticipated that guests ofthe bed and breakfast establishment will
substantially increase traffic on the existing roadways.
The property is serviced by County water.Wastewater will be disposed ofby an
individual wastewater treatment system meeting with the approval ofthe Department of
Health.All other essential utilities are available to the property.Fire and police services
are available in Kapaau.Lastly,a condition will be added requiring the applicant to
comply with all applicable County,State and Federal laws,rules,regulations and
requirements.Therefore,based on the above discussion,the granting ofthe request will
not unreasonably burden public agencies to provide needed services and infrastructure.
In addition to the criteria for granting a Use Permit,the request is not
contrary to Chapter 205A,Hawai'i Revised Statutes,relating to Coastal Zone
ManagementArea.The property is not located within the Special Management Area
and is approximately 1.5 miles from the nearest coastline.There is no record ofa
designated public access to the shoreline or mountain areas traversing the property.Due
to the project site's distance from the shoreline,the property will not impact any
recreational resources,scenic and open space or visual resources,coastal ecosystems and
marine coastal resources.Lastly,the Department ofNatural Resources-State Historic
Preservation Division (DLNR-SHPD)issued a "no-effect"letter dated July 1,2001
regarding a request for a change ofuse for the Hawi Plantation Manager's House,stating
that they believe the change ofuse will not affect historic property.
Based on the above,the request to allow the establishment ofa five-bedroom Bed and Breakfast
operation is approved by the Leeward 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.
2.The applicant shall comply with all applicable requirements ofSection 25-4-7 of
the Zoning Code,as amended by Ordinance No.00 152,relating to Bed and
Breakfast Establishments.
3.The bed and breakfast operation shall be limited to the use offive (5)bedrooms
and a maximum of 10 guests per day.
4.Weddings,concerts,conventions and other types ofspecial events and activities
shall be prohibited.
Ms.Judy Rogers
Page 6
5.The applicant shall submit plans to DLNR-SHPD and secure a letter offinal
clearance prior to the commencement ofany construction,alteration,renovation,
or any other improvements of the Plantation Manager's Residence.
6.The applicant shall comply with all applicable County,State and Federal laws,
rules,regulations and requirements.
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 may be subject to change given specific code and regulatory requirements ofthe affected
agencies.
Should you have any questions,please contact Daryn Arai ofthe Planning Department at
961-8288.
Sincerely,
!f:.~!::!r
Leeward Planning Commission
Lsargentuse 11-000029
cc:Mr.James Sargent
Department ofPublic Works
Department ofWater Supply
County Real Property Tax Division
State Department ofHealth
Planning Department -)<.ona
Mr.Gilbert Bailado /
DLNR-HPD