HomeMy WebLinkAbout97_022Stephen K Yamashiro
Mayor
CERTIFIED MAIL
Z 179 517 344
r'JAN 0 8 i
Mr. David H. Almer
Page 2
The proposed use will be consistent with the general purpose of the zoned
district, the intent and purpose of the Zoning Code and the General Plan. The
establishment of a bed and breakfast operation on a parcel located within the State Land
Use Urban District and the County's Single Family Residential (RS -15) zoned district
may be permitted through the Use Permit review process. 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 the General Plan goals and policies. The intent and purpose of the Zoning
Code is to promote health, safety, morals or the general welfare of the commupity
through regulations and restrictions relative to the location and use of buildings,
off-street parking, the percentage of lots that may be occupied, the density of
population and land for trade, industry, residence or other purposes. The bed and
breakfast facility is situated on a 1.2 acre parcel of land. The proposed Bed and
Breakfast establishment will be accessory and subordinate to the principal use as a
residence by both the operator/host and the owner. The use will be confined within the
existing single family dwelling and its immediate vicinity.
The subject property is situated within the Low Density Urban Development
area of the General Plan Land Use Pattern Allocation Guide (LUPAG) Map. Low
Density Urban Development which allows for single family residential in character,
ancillary community and public uses and convenience type commercial uses. Mindful
of the type of service the applicant will provide to the residents of West Hawaii, the
proposed use will complement the following goals, policies and standards of the Land
Use and Economic Elements of the 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.
Economic Element
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 encourage the development of a visitor industry
which is consistent with the social, physical and economic goals of the residents
of the County.
Therefore, the approval of the subject request would be consistent with the policy
direction established by the General Plan.
Mr. David H. Almer
Page 3
The desired use will not be materially detrimental to the public welfare nor
cause substantial adverse impact to the community's character or surrounding
properties. The proposed bed and breakfast operation will be located within an existing
two-story single family dwelling which is situated on 1.2 acres of land. The applicant
resides in the same dwelling; and therefore, the bed and breakfast operation will be
accessory and subordinate to the primary residence. Surrounding lands are zoned
Single Family Residential (RS -15). The surrounding area consists of a mixture of
single-family residences and vacant lots. Therefore, the bed and breakfast operation
will not detract from the pre-ent character of the area. The property is of sufficient
size to allow for adequate setbacks and buffers in minimizing any physical, social or
other impacts that this bed and breakfast operation may have on the neighborhood.
Therefore, it is not anticipated that noise and traffic associated with the proposed use
will adversely impact surrounding properties. Due to the developed nature of the
subject property and the immediate surrounding areas, it is not anticipated that
endangered or threatened candidate species of flora or fauna are located within the
project site, nor has the area been identified as a significant botanical or biological
habitat.
Bed and breakfast accommodations are becoming a popular type of lodging
facility for visitors seeking a more personal experience in Hawaii. A bed and breakfast
facility could provide an appropriate scale of service in rural areas which do not offer
full hotel services. Provision of such services could satisfy a new trend in visitor
demands for an encounter with the less populated areas of the island. Through the Use
Permit process, potential impacts to the built environment and its infrastructure can be
evaluated on a case-by-case basis. In this case, the proposed bed and breakfast
operation will not be incompatible with the existing residential uses of the area.
The desired 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 is off Walua Road which has a 50 -foot
right-of-way with varying pavement widths of 16 to 20 feet. The driveway to the
property is paved. Paved parking for four vehicles with additional four base
course/gravel parking stalls are available for visitor parking. The project site is located
within an area adequately served with essential services and facilities such as water,
transportation systems, and other utilities.
Based on the above considerations, the approval of the proposed four-bedroom
bed and breakfast operation is an unusual and reasonable use of land, which would not
be contrary to the objectives sought to be accomplished by the Land Use Law and
Regulations.
Approval of this request is subject to the following conditions. Should any of these conditions
not be met or substantially complied with in a timely fashion, the Director may initiate
procedures to revoke this permit.
The applicant, its successor or assigns shall be responsible for complying with
all stated conditions of approval.
2. Final Plan Approval for the establishment of a bed and breakfast
accommodation facility within the existing dwelling shall be secured from the
Mr. David H. Almer
Page 4
Planning Director in accordance with the Zoning Code, Section 25-2-72,
25-2-73 and 25-4-7, within two (2) years from the effective date of this permit.
Plans shall identify existing structures, landscaping, fire protection measures,
driveway and four (4) parking areas associated with the proposed use.
The bed and breakfast business shall be limited to the use of four (4) bedrooms.
4. The applicant shall secure approvals for all applicable building, plumbing and
electrical permits for the bcd and breakfast business prior to the issuance of this
Use Permit. The applicant shall not commence operation of the bed and
breakfast until all such approvals have been acquired.
The applicant shall comply with all applicable requirements as stated in the
Zoning Code regulating bed and breakfast establishments.
A final status report shall be submitted in writing to the Planning Director upon
compliance with all conditions of approval.
7. Comply with all applicable laws, rules, regulations and requirements of other
affected agencies, for approval of the proposed use.
8. An initial extension of time for the performance of conditions within the 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, successors, 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 General Plan
or Zoning Code.
C. Granting of the time extension would not be contrary to the original
reasons for the granting of the permit.
D. The time extension granted shall be for a period not to 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.
Mr. David H. Almer
Page 5
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, Chairman
-j%e Planning Commission
LAImerOl.PC
cc: Department of Public Works
Department of Water Supply
County Real Property Tax Division
West Hawaii Office
Kazu Hayashida, Director/DOT-Highways, Honolulu
Department of Health