HomeMy WebLinkAbout97_015Stephen K. Yamashiro
Mayor
CERTIFIED MAIL
Z 179 517 357
JAN, 2 c i�'93
Ms. Kathleen Porter Ing
P.O. Box 545
Volcano, HI 96785
Dear Ms. Ing:
All
V-4luu g of of nrii
PLANNING COMMISSION
25 Aupuni Street, Room 109 • Hilo, Hawaii 967204252
(808) 961-8288 • Fax (808) 961-9615
Use Permit Application (USE 97-15)
Applicant: Kathleen Porter Ing
Request: Allow the Establishment of an Existing Three Bedroom Bed and
Breakfast Operation Within an Existing Dwelling and Guest House
Tax Man Key: 1-9-4.1
The Planning Commission at its duly held public hearing on January 16, 1998, voted to
approve the above -referenced application. Use Permit No. 169 is hereby issued to allow the
establishment of an existing three-bedroom bed and breakfast operation (Volcano Country
Cottages) within an existing dwelling and a guest house situated on approximately 5.436 acres
of land within the County Single Family Residential (RS -20) zoned district. The property is
located between the Old Volcano Road and Kilauea Road, adjacent to (west side) True Value
Hardware Store at Volcano, Puna, Hawaii.
Approval of this request is based on the following:
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.
tj NAn,ai9e.
Ms. Kathleen Porter Ing
Page 2
The three-bedroom bed and breakfast operation meets the guidelines for
approval of a Use Permit for the reasons outlined below.
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. 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. This section also provides for a process in which an existing bed and
breakfast operation can operate as a non -conforming use until September 1997. The
operator can apply for applicable permits by June 30, 1997 and upon issuance of
applicable permits, be considered a permitted use. In this particular situation, the
applicant has been in operation since 1996 and is applying for a Use Permit to conform
to the Zoning Code requirements. The applicant lives on subject parcel and in review
of the request, the existing bed and breakfast operation does 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 recent amendments to the Zoning Code in 1996), to allow for bed and breakfast
operations. Restrictions and standards continue to focus on the use remaining
secondary to the principal use of the 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 securance of a Use
Permit.
The applicant is requesting to allow the continued operation of a three-bedroom
bed and breakfast establishment. The applicant resides in the existing main dwelling on
the property. The existing bed and breakfast operations are in an existing two-bedroom
dwelling approximately 720 square feet in size and a guest house approximately
225 square feet in size. Thus, the bed and breakfast activities would complement and
be accessory to the use of the property as a residence. A person is hired to assist in
mowing and maintaining the grounds. No other employees are anticipated to be hired.
Adequate utilities and services are available at the site. The property is heavily
forested with tsugi pines lining the property boundaries. One additional dwelling
structure with frontage along Kilauea Road is under construction and will be used by
the Ing family. The driveway, garage and parking areas are paved to accommodate
guest parking, which should eliminate erosion, mud and standing water.
The General Plan designation for this area is Low Density Urban Development,
which allows for single-family residential uses, ancillary community and public uses
Ms. Kathleen Porter Ing
Page 3
and convenience -type commercial uses. As the proposed bed and breakfast operation
will be established in an existing dwelling and guest house, the uses should not alter the
appearance or character of the neighborhood. Although the bed and breakfast
establishment would be open to the public on a daily basis, reservations will be taken
directly by the applicant. Advertising would be placed in publications and on the
internet.
The bed and breakfast operation would complement the following goals and
policies of the General Plan:
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 Hawaii shall strive for an economic climate which provides its
residents an opportunity for choice of occupation.
* The County of Hawaii shall encourage the development of a visitor industry
which 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.
* The county shall 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 operate within the
parameters of being single-family residential in character, is consistent with the General
Plan designation and is in keeping with the policies of the General Plan.
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. The surrounding uses in the area are single-family residential
and commercial in nature. Adjacent to the east is the True Value Hardware Store.
Other commercial activities also exist along the Old Volcano Road. The existing
dwelling, guest house and paved parking areas can accommodate the bed and breakfast
operation. The property is heavily forested and landscaped to mitigate any possible
Ms. Kathleen Porter Ing
Page 4
visual or noise impacts on the neighbors. Adequate public services and facilities are
also available to accommodate the existing use.
There are two approved bed and breakfast establishments within Volcano
Village. One is a 6 -room inn, operating like a bed and breakfast, along the Old
Volcano Road. The inn is operated by Gordon and Joann Morse who secured Special
Permit No. 966 (TMK: 1-9-3-10, 20 & 21) in May 1997. The other is a 4 -bedroom
bed and breakfast operation located along Wright Road which is owned by Brian
Crawford who secured Special Permit No. 792 (TMK: 1-9-18:01) in December 1991.
Kilauea Lodge and Restaurant is also located along the Old Volcano Road, on CV -10
and CV -20 zoned lands, and provides overnight accommodations in 12 units. Effective
May 1995, Change of Zone Ordinance No. 95-101 was approved by the County
Council to rezone additional land to the rear of the existing lodge to allow for
expansion of an additional 12-20 lodging units. As the applicant has been in operation
since 1996, it is not anticipated that the approval of the request will have a negative
impact on the existing community nor change the existing character of the area.
The granting of the proposed use shall not unreasonably burden public agencies
to provide roads and streets, sewer, water, drainage, school improvements, police and
fire protection and other related infrastructure. The subject property is accessed from
either Wright Road or Haunani Road onto the Old Volcano Road which has a pavement
width of approximately 20 feet. The property is located along a section of the Old
Volcano Road where there is existing commercial activity. There are adequate guest
parking areas on site. As such, it is not anticipated that guests of the bed and breakfast
establishment will substantially increase traffic on the existing roadways. Water is
provided by a catchment system; as such, the applicant would be required to comply
with the Department of Health requirements regarding water consumption for guests.
Wastewater is disposed of into existing cesspools. The applicant would be required to
comply with all applicable agency requirements, including any requirements of the
Department of Health. Finally, agencies reviewing the request had no objections to the
establishment of the bed and breakfast operation at this location.
Based on the above, it is recommended that the request to allow the
establishment of an existing three-bedroom Bed and Breakfast operation in a
single-family dwelling and a guest house on the subject property be approved.
Approval of this request is subject to the following conditions. Should any of the conditions
not be met or substantially complied with in a timely fashion, the Director may initiate
procedures to revoke the permit.
The applicants, successors, or assigns shall be responsible for complying with
all stated conditions of approval.
2. Final Plan Approval shall be secured from the Planning Director in accordance
with the Zoning Code, Sections 25-2-72, 25-2-73 and 25-4-7, within six (6)
months of the effective date of this permit. Plans shall identify existing and
proposed structures, driveway, landscaping, fire protection measures, three
paved parking stalls (asphalt or concrete) and exterior signs associated with the
business.
Ms. Kathleen Porter Ing
Page 5
The bed and breakfast operation shall be limited to the use of three bedrooms.
4. Comply with all applicable requirements as stated in the Zoning Code,
Section 25-4-7, regulating bed and breakfast establishments.
Comply with all applicable laws, rules, regulations and requirements of other
affected agencies, including the Department of Health regarding water
consumption for guests.
6. A written final status report shall be submitted to the Planning Director upon
compliance with all conditions of approval.
If the applicant fails to comply with the conditions of approval or is unable to
resolve any public complaint(s), the Planning Director shall investigate and, if
necessary, enforce the appropriate conditions. The Planning Director may, as
part of any enforcement action, refer the matter to the Planning Commission for
review. Upon appropriate findings by the Planning Commission, that the
applicant has failed to comply with the conditions of approval or has caused an
unreasonable adverse impact on surrounding properties, the permit may be
suspended or revoked.
An initial extension of time for the performance of conditions within this permit
may be granted by the Planning Director upon the following circumstances:
A. Non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, successor, or
assigns, and that are not the result of their fault or negligence.
B. Granting of the time extension would not be contrary to the original
reasons for granting of the permit.
C. Granting of the time extension would not be contrary to the General Plan
or Zoning Code.
D. The time extension granted does not exceed the period originally granted
for performance (i.e., a condition to be performed within one year may
be extended for up to one additional year).
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 of the affected
agencies.
Ms. Kathleen Porter Ing
Page 6
Should you have any questions, please feel free to contact Alice Kawaha or Susan Gagorik of
the Planning Department at 961-8288.
Sincerely,
Kevin M. Balog, Chaift an
Planning Commission
LIng02.PC
cc: Department of Public Works
Department of Water Supply
County Real Property Tax Division
Kazu Hayashida, Director/DOT-Highways, Honolulu
Department of Health