HomeMy WebLinkAbout16-064V~jY1r 7Ct'LHarryKim 14 Gregory Henkel,Chair
Mayor ,`;:+ Myles Miyasato,Vice Chair
rear Joseph Clarkson
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Donn Dela Cruz
44- Donald Ikeda
Raylene Moses
County of Hawaii
WINDWARD PLANNING COMMISSION
Aupuni Center • 101.Pauahi Street,Suite 3 • Hilo,Hawai`i 96720
Phone(808)961-8288 • Fax(808)961-8742
DEC-—s 2016
Ms. Olivia Grodzka
P. O. Box 10742
Hilo, HI 96721
Dear Ms. Grodzka:
SUBJECT: Use Permit No. USE-16-000064
Applicant: Greenwillmind, LLC
Permitted Use: Establishment of a 2-Bedroom Bed and Breakfast
Tax Map Key: 2-5-027:002
The Windward Planning Commission, at its duly held public hearing on December 1, 2016 voted
to approve the above-referenced request to indicate request. The project site is situated at 1245
Kaumana Drive, directly opposite of Basque Place and makai of Edita Street in Kaumana, South
Hilo, Hawai`i.
Approval of this permit is subject to the following conditions:
1.The applicant, successor or assigns shall be responsible for complying with all
stated conditions of approval.
2.Prior to the issuance of a water commitment by the Department of Water Supply
DWS), the applicant shall submit the anticipated maximum daily water usage
calculations for the proposed use as prepared by a professional engineer licensed
in the State of Hawai`i to the DWS. After review of the calculations, DWS will
determine the appropriate service lateral and meter size required.
3.The applicant shall install a reduced pressure type backflow prevention assembly
within five(5) feet ofthe existing water meter on private property, which must be
inspected and approved by the Department of Water Supply.
4.The applicant 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.
Hawai`i County is an Equal Opportunity Provider and Employer
DEC 0 8 2016
Ms. Olivia Grodzka
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5. The bed and breakfast operation shall be limited to the use of two (2)bedrooms
and a maximum of six (6) guests per day.
6.The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
This approval does not, however, sanction the specific plans submitted with the application as
they maybe subject to change given specific code and regulatory requirements of the affected
agencies
Approval ofthis permit is based on the reasons given in the attached Findings Report.
Should you have any questions, please contact Christian Kay of the Planning Department at961-8136.
Sincerely,
Gregory Henkel, Chair
Windward Planning Commission
LGreenwillmindUSE 16-064wpc
Enclosure: PC Findings Report
cc: Greenwillmind, LLC
Department of Public Works
Department of Water Supply
County Real Property Tax Division- Hilo
Mr. Gilbert Bailado
COUNTY OF HAWAII
PLANNING COMMISSION FINDINGS
GREENWILLMIND, LLC
USE PERMIT APPLICATION NO. 16-000064
Based on the following, Use Permit No. 16-000064 is hereby issued to allow the
establishment of a 2-bedroom bed and breakfast operation within an existing single-family
dwelling on 3 acres of land zoned Single Family Residential-15,000 square feet (RS-15). The
subject property is located at 1245 Kaumana Drive, directly opposite of Basque Place and makai
of Edita Street in Kaumana, South Hilo, Hawai`i, TMK: 2-5-027:002.
GREENWILLMIND, LLC is requesting a Use Permit to allow the establishment of a 2-
bedroom bed and breakfast operation within an existing one-story, 3-bedroom single-family
dwelling on 3 acres of land within the Single-Family Residential-15,000 square foot (RS-15)
zoning district. The site would be suitable for such a use given the residential ambiance of this
area. The allowance of the 2-bedroom bed and breakfast operation will provide accommodations
to travelers who visit the island and to provide additional income to the property owner.
In considering a Use Permit for any proposed use, Rule 7 of the Planning Commission
relating to Use Permits, requires that such action conform to the following guidelines:
A. The granting of the proposed use shall be consistent with the general purpose of
the zoned district, the intent and purpose of the 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 of the 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 2-bedroom bed and breakfast operation meets the guidelines for approval of a Use
Permit, for the reasons outlined below:
The proposed is 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 goals and polices of the 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 of the 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 of the
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 of local 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
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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 of the 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 of a Use Permit.
The applicant is requesting to allow the establishment of a two-bedroom bed and
breakfast establishment within an existing one-story, 3-bedroom single-family dwelling on a
portion of a 3 acre property. Two of the three bedrooms will accommodate guests while the
property manager will live on-site in the third bedroom. On-site parking is available for guests
and the property manager. The bed and breakfast will serve breakfast and service a maximum of
six (6) guests per day. Adequate utilities and services are available at the site. Thus, the bed and
breakfast activities would be consistent with the general purpose of the zoned district and the
intent and purpose of the Zoning Code.
The General Plan designation for this area is Low Density Urban, which allows for
residential, with 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 of the
neighborhood, which is mainly made up of single-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 of life 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 of the island of Hawai`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 of occupation.
Encourage the development of a visitor industry that is consistent with the social,
physical, and economic goals of the residents of the County.
Land Use Element
Designate and allocate land uses in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of the County.
Encourage the development and maintenance of communities meeting the needs
of its residents in balance with the physical and social environment.
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Therefore, the bed and breakfast establishment would operate within the parameters of
being single-family residential in character, is consistent with the General Plan designation and is
in keeping with the goals, policies and standards of the General Plan.
The proposed use will not be materially detrimental to the public welfare nor cause
substantial adverse impact to the community's character or to surrounding properties. The
subject 3-acre, rectangular property is located at 1245 Kaumana Drive. There are three existing
single family dwellings on the property. The dwelling to be used for the bed and breakfast
facility is located closest to Kaumana Drive, was built in 1968 and consists of 3 bedrooms, 2.5
bathrooms and with an open shed directly behind it. The two remaining dwellings were built in
1975 and are currently under lease by tenants. An unused greenhouse and shipping container
also exist on the subject property. The surrounding area consists mainly of urban residential
uses along with some vacant, agricultural land. The dwelling and parking areas can
accommodate the bed and breakfast operation. 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 proposed use will not unreasonably burden public agencies to provide roads
and streets, sewers, water, drainage, school improvements, police and fire protection, and
other related infrastructure. Access to the property is from Kaumana Drive, which is a
County road that has an approximately 25-foot pavement with paved shoulders within an 80-foot
right-of-way. There is adequate guest parking located on site. It is not anticipated that guests of
the bed and breakfast establishment will substantially increase traffic on the existing roadways.
County water is available to the property from an 8-inch waterline within Kaumana Drive
and that the subject property is currently served by two, 5/8-inch water meters. The Department
of Water Supply (DWS) requires that the applicant provides estimated maximum daily water
usage calculations for the proposed use and will determine the appropriate service lateral and
meter size required based on those calculations. Finally, the applicant will be required to install
reduced pressure type backflow prevention assembly and any other improvements that may be
required by DWS. A condition requiring the preceding will be added. The subject dwelling is
connected to an existing cesspool that was approved by the State Department of Health and all
other essential utilities are available to the property. Fire and police services are available nearby
in Hilo. Therefore, based on the above discussion, the granting of the request will not
unreasonably burden public agencies to provide needed services and infrastructure.
The request is not contrary to Chapter 205A, Hawaii Revised Statues, relating toCoastalZoneManagement. The property is not located within the Special Management Area
and is approximately 3.4 miles from the nearest coastline. There is no record of a 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.
The site has been cleared in the past and used residentially therefore it is unlikely that
there are any archaeological or cultural features on the property. An email was sent to DLNR
State Historic Preservation Division requesting a "no effect" letter on July 4, 2016. At the time
of this writing, the neither the applicant nor the Planning Department has received a response.
Fauna on the property include feral cats, chickens/roosters, mynah birds and coqui frogs.
Flora on the property include coffee, lychee, ti, avocado, tropical ferns, gardenia, pineapple,
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citrus, o`hi`a, mountain apple, noni, aibizia, orchids, antheriums, macadamia nut, and autograph
trees. The applicant is unaware of the existence of any rare or endangered flora or fauna on the
subject property.
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 property.
Additional governmental requirements may include the issuance of building permits, the
installation of approved wastewater disposal systems, compliance with the Fire Code, installation
of improvements required by the American with Disabilities Act (ADA), among many others.
Compliance with all applicable governmental requirements is a condition of this approval; failure
to comply with such requirements will be considered a violation that may result in enforcement
action by the Planning Department and/or the affected agencies.
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