HomeMy WebLinkAbout04_003Harry Kim
Mayor
June 28, 2004
County of Hawaii
PLANNING COMMISSION
101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043
(808)961-8288 • Fax(808)961-8742
Ms. Melanie Boudar
P.O. Box 205
Hawaii National Park, HI 96718-0205
Dear Ms. Boudar:
Use Permit Application (USE 04-003)
Applicant: Melanie Boudar
Request: 4 -Bedroom Bed and Breakfast Operation
Tax Map Key: 1-1-10.71
The Planning Commission at its duly held public hearing on June 4, 2004, voted to approve the
above -referenced application. Use Permit No. 201 is hereby issued to allow the establishment of
a 4 -bedroom bed and breakfast operation within an existing single family dwelling situated on
20,000 square feet of land zoned Single Family Residential — 20,000 square feet (RS -20). The
property is located along the south side of Tenth Street, approximately 500 feet southwest of the
Tenth Street — Pearl Street intersection, Mauna Loa Estates Subdivision within the Volcano area,
Keaau, 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
4 539.3
Ms. Melanie Boudar
Page 2
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 four-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 policies 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
this representation, the applicant's 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 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 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 of a Use Permit.
The applicant is requesting to allow the establishment of a four-bedroom bed and
breakfast establishment within a newly constructed 2 -story, 5 -bedroom, 5 V2 bath single
family dwelling on a 20,000 square foot lot located within the Mauna Loa Estates
Subdivision. The applicant will reside within the dwelling and be the only employee
unless additional part-time help is needed. A continental breakfast will be served to
guests, which will not exceed 10 at any given time. The driveway and parking areas will
be graveled to accommodate guest parking, which should eliminate erosion, mud and
standing water. Adequate utilities and services are available at the site. Thus, the bed
and breakfast activities would complement and be accessory to the use of the property as
their residence.
Ms. Melanie Boudar
Page 3
The General Plan designation for this area is Low Density Urban Development,
which allows for single-family residential uses, ancillary community and public uses and
convenience -type commercial uses. As the proposed bed and breakfast operation will be
established in a newly constructed single family dwelling, the uses should not alter the
appearance or character of the neighborhood. Advertising would be placed in
publications and on the internet.
The proposed bed and breakfast operation would complement the following goals
and policies of the General Plan:
Economic Element
k 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.
Ms. Melanie Boudar
Page 4
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 subject property is located in the Mauna Loa Estates
Subdivision. The surrounding area is rural in nature and mainly single-family residential
in use. The dwelling and graveled 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.
There are several other approved bed and breakfast establishments in the
subdivision. It is not anticipated that the approval of this 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. The subject property is accessed on Tenth
Street from Pearl Avenue. All roads within the subdivision are private, paved roads
which are maintained by Mauna Loa Road Maintenance Corporation. 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.
In regards to the permit process for the dwelling, a condition will be added to
require that Final Building Inspection be secured from the Building Division, Department
of Public Works prior to the establishment of the bed and breakfast operationt. 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 a septic system. The applicant would be required to
comply with all applicable agency requirements, including any requirements of the
Department of Health and Department of Public Works Building Division.
The proposed request will not have a significant adverse impact to traditional and
customary Hawaiian Rights. The property is not adjacent and/or proximate to the
shoreline. As such, gathering of marine life and coastal access is not an issue. The
applicants state that there are no known established valued cultural rights being exercised
on the properties.
Investigation of valued resources: No archaeological assessment or inventory
survey was conducted for the property.
The valuable cultural, historical, and natural resources found in the proiect area:
The likelihood of any rare or endangered species, habitat of flora or fauna or any
archaeological features is remote in this area based on urbanization and residential
Ms. Melanie Boudar
Page 5
development that has occurred. The Department of Land and Natural Resources -State
Historic Preservation Division has issued a "no -effect' letter stating that they believe that
there are no historic properties present because residential development/urbanization has
altered the land. Thus, they believe that "no historic properties will be affected by this
undertaking."
Possible adverse effect or impairment of valued resources • As stated by the State
Department of Land and Natural Resources Historic Preservation Division, "they believe
that no historic properties will be affected by this undertaking."
Feasible actions to protect native Hawaiian rights: There are no known
established valued cultural rights being exercised on the property, and as such, there is no
action needed to protect these rights.
Based on the above, the request to allow the establishment of a four-bedroom Bed
and Breakfast operation in a single-family dwelling -is 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.
1. 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. Plans shall identify
existing and proposed structures, driveway, landscaping, fire protection measures,
parking stalls and exterior signs associated with the business. In conjunction with
Final Plan Approval, the applicant shall submit documentation that Final Building
Inspection has been secured from the Department of Public Works for the
structure to be used as the bed and breakfast operation.
The bed and breakfast operation shall be limited to the use of four bedrooms
located within the five -bedroom single family dwelling.
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 Public Works and the Department
of Health regarding water consumption for guests.
Ms. Melanie Boudar
Page 6
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.
8. 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 maybe
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. Melanie Boudar
Page 7
Should you have any questions, please contact Norman Hayashi of the Planning Department at
961-8288.
/ Fred G ,rdone,<, Chairman
c .. Planni/hR Commission
LboudaTOIPC
cc: Department of Public Works
Department of Water Supply
County Real Property Tax Division - Hilo
Rodney Haraga, Director/DOT-Highways, Honolulu
Department of Health
Hawaii County is an Equal Opportunity Employer and Provider