HomeMy WebLinkAboutPD Findings of Fact, Conclusions of Law and Decision and OrderBEFORE THE LEEWARD PLANNING COMMISSION OF
THE COUNTY OF HAWAII
STATE OF HAWAII
Application of Special Permit No. 20-000218
DOUGLAS AND KATHRYN HICKEY PROPOSED FINDINGS OF FACT;
CONCLUSIONS OF LAW; AND DECISION
For a Special Permit on a parcel of land AND ORDER
situated at Waiono Meadows, Holualoa,
North Kona, Hawai`i,
TMK: (3) 7-6-002:028: Portion of 0001. Hearing Date: September 21, 2020
PLANNING DEPARTMENT'S RECOMMENDATION
PROPOSED FINDINGS OF FACT;
CONCLUSIONS OF LAW; AND DECISION AND ORDER
DOUGLAS AND KATHRYN HICKEY ("Applicant"), filed an application for a Special
Permit("Application") to legitimize the establishment of a venue for weddings and similar
gatherings on a 2.25-acre portion("Permit Area") of a 20-acre condominium property regime
unit("CPR Unit 1") of an 80-acre property("Property") situated in the State Land Use
Agricultural District. The subject property is located at 76-1297 Waiono Ranch Road, about 1.5
miles east and mauka of the Mamalahoa Highway—Waiono Ranch Road intersection,Waiono
Meadows, HOlualoa, North Kona, Hawai`i, TMK: (3) 7-6-002:028: Portion of 0001. The
Leeward Planning Commission of the County of Hawai`i ("Commission")having considered the
entire record herein,makes the following proposed findings of fact and conclusions oflaw.
I. FINDINGS OF FACT
A. Procedural Matters
1. On February 27, 2020 and April 13, 2020,the Applicant submitted and
resubmitted,respectively, an application for Special Permit, which was returned for revisions.
2. In April through May 2020, the Department received written public testimony
from Tom Buckner which included a letter dated April 27, 2020 and Condominium Public
Report for the Greener Pastures CPR. (See Exhibit List)
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3. On May 28, 2020, the Planning Department received the subject Application. On
July 2, 2020,the Applicant submitted supplementary information, and on March 5, 2020 the
Applicant provided the Declaration of Condominium Property Regime for Greener Pastures.
See Exhibit List)
4. By letter to the Applicant dated July 15, 2020, the Planning Department
acknowledged receipt of the Application(SPP 20-000218) on July 6, 2020.
5. By Memorandum dated July 15, 2020,the Planning Director requested written
comments from public agencies no later than August 13, 2020. The agencies included the
Department of Public Works- Engineering Division(Kona), Department of Public Works-
Building Division, Department of Water Supply, Department of Environmental Management,
Police Department, Fire Department, Department of Finance- Real Property Tax Division,
Department of Land and Natural Resources- State Historic Preservation, Land, Engineering and
Forestry Divisions, State Department of Health, State Office of Planning, State Land Use
Commission, and State Department of Agriculture.
6. In July through September 2020, the Department received comments on the
Application from the Department of Public Works- Engineering Division, Department of Water
Supply, Fire Department, State Department of Health, State Office of Planning, Department of
Land and Natural Resources-Historic Preservation Division and Department of Land and
Natural Resources- Engineering, Land and Forestry Divisions. (See Exhibit List)The remainder
of the agencies had no comment or response.
7. On August 3, 2020, the Planning Department received from the Applicant, an
affidavit offirst mailing to property owners within 500 feet of the subject parcel dated
July 28, 2020. The letters were mailed on July 24, 2020.
8. On August 3, 2020, the Planning Department received from the Applicant, an
affidavit and photographic evidence of sign posting dated July 29, 2020.
9. By letter dated August 26, 2020, the Planning Department notified the Applicant
that the Leeward Planning Commission would hold a public hearing for the application on
September 21, 2020, via a WebEx video-conferencing platform.
10. On September 8, 2020, the Department received written public testimony from
the following in support of the Application: Ann Ferguson, Ranae Bamsey, Clare Bobo, Jileen
Russell, Karen Loudon, Chef Martin Rathbun, Shawn Steiman, Ursula Vietze, Jim& Jane
Morrill, Luis Castillo, Ana Rodriguez, Lauren Eaton, Ellen Keehan& Kristen Lagasse, Brianne
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Limani, Kiley Kelson, Aly Dove, Michael Bell, Meredith Michael, Bonita Lao, Heather
Carvalho, Erin Pasco. (See Exhibit List)
11. On September 8, 2020,the Department received written public testimony from
Wendy Mitchell containing testimony in opposition of the Application. (See Exhibit List)
B. Proposed Project
1. The Applicant has applied for a Special Permit to construct and operate a venue
for weddings and similar gatherings with associated improvements on a 2.25-acre portion of 20-
acre CPR Unit 1 within an 80-acre property. The Applicant will continue to live on site in the
existing farm dwelling. The new venue structure would be situated just south of the existing farm
dwelling, would be 3,500 square feet in size, and would include a large covered deck,a large
foyer, kitchen, two rooms for wedding preparation, a storage room, women's restroom, men's
restroom, and a unisex restroom. Food will be brought by the guests or provided by caterers or
food trucks. Alcohol will be permitted at events but not provided by the Applicant. Ceremonies
and events will occur outside in the Permit Area or inside the proposed event venue building,
which will have sliding glass doors that would be closed prior to playing music. The Applicant is
also open to limiting the volume on a supplied PA system, should it be required as a condition of
the permit. The Applicant requests to continue to use the grounds of the Permit Area(but not the
Applicant's home)with temporary event tents and port-a-potties, to accommodate rescheduled
events and already reserved events, until construction of the wedding venue structure is
completed.
2. Employees: The Applicant expects to have three to five full-time employees.
3. Hours of Operation: Events will be held daily between 9:00 a.m. and 10:00 p.m.
by reservation.No overnight accommodations are proposed.
4. Types of Events: Events will be limited to weddings, vow renewals, community,
and charity events. Examples of community events include Donkey Mill Art Center fundraisers,
luncheon for the Kona Coffee Pageant, Hope Services Hawai`i dinner, and school field trips to
learn about farming. Approximately 5%of events annually are planned to be community and
charitable events.
5. Frequency and Number of Visitors: The Applicant expects a maximum of 125
guests at the venue at one time. Average events would have about 50 guests. Approximately 100
events per year or an average of two events per week would be held, with a maximum of four
events per week.
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6. Construction Timetable/Estimated Cost: The Applicant proposes to complete
construction within one year of receiving all the necessary planning and building permits. The
estimated cost ofthe proposed venue and related improvements is $300,000.
7. Agricultural Tourism: The Application indicates the Applicant concurrently
submitted a Plan Approval Application for Agricultural Tourism on the property; however,to
date the Planning Department has not received the Plan Approval Application. There is a coffee
farm on the CPR Unit and the Applicant proposes to construct a coffee drying/tasting building at
the site of the proposed event venue and convert the coffee drying/tasting building to the
proposed event venue should the Special Permit be approved. Coffee drying would be done on
another farm until a drying deck could be built on the Applicant's farm. Coffee products from
the farm will be offered for sale to event venue guests. Should the Plan Approval for Agricultural
Tourism and Special Permit for the event venue be approved, the Applicant would use a portion
of the event venue for coffee tastings as scheduling allows. When wedding events were not
planned(most days)they would have small coffee tours.
8. Prior Operation: According to the Application, the Applicant has been operating
an event venue out of their home on the CPR Unit for about 3 years without a Special Permit,
and without complaints from the neighbors. Upon learning of permitting requirements for the
operation of the event venue the Applicant has stopped taking reservations while pursuing a
Special Permit. Additionally, all previously scheduled events have been postponed indefinitely
due to the COVID-19 pandemic. Please note that according to the Applicant's website, as of
September 8, 2020, event bookings are available after December and the calendar shows several
bookings in January-March for private events. (See Exhibit List)
9. Landowner: The landowner of CPR Unit 1 is listed by the County's Real
Property Tax Division as Douglas Hickey, who authorized Zendo Kern, Planning Consultant, to
apply for the Special Permit on behalf of Mr. & Mrs. Hickey. CPR Unit 1 is part of the Greener
Pastures Condominium Property Regime(CPR), which also includes CPR Unit 2 owned by
Steven Grossman and Audrey Taylor, CPR Unit 3 owned by the Buckner-Mitchell Trust, and
CPR Unit 4 owned by Parker/Kabumoto LLC.
C. State and County Plans
1. State Land Use District: Agricultural.
2. County Zoning: Agricultural 20-Acre(A-20a). The Agricultural zoning district
provides for agricultural and very low-density agriculturally based residential use, encompassing
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rural areas of good to marginal agricultural and grazing land, forest land, game habitats, and
areas where urbanization is not found to be appropriate.
3. General Plan LUPAG Map Designation: Important Agricultural Lands.
Important Agricultural Lands are those with better potential for sustained high agricultural yields
because of soil type, climate,topography, or other factors.
4. Kona Community Development Plan (KCDP): The Kona CDP, adopted by the
Hawaii County Council by Ordinance No. 08-131 on September 25, 2008, identifies the
preferred land use pattern for the Kona districts. The subject property is located outside of the
Kona Urban Area and outside of any Rural Town Areas.
5. Special Management Area (SMA): The project site is not within the County's
Special Management Area(SMA). The SMA is a part of the Coastal Zone Management Program
regulated by the County. The property is approximately 3.5 miles from the nearest coastline.
D. Description of the Property and Surrounding Area
1. Subject Property, CPR Unit 1, and Permit Area: The subject property consists
of 80 acres at an elevation of about 2,400 feet, with an uphill slope in the easterly(mauka)
direction. Structures on the Property include one farm dwelling on each CPR Unit 1, 2, and 3.
CPR Unit 4 does not contain a farm dwelling according to County tax records. There are three
drainage easements within the 80-acre Property. CPR Unit 1, which is located in the southeastern
corner of the Property, is 20-acres in size and rectangular in shape. There is one drainage
easement that runs through the southern half of CPR Unit 1. The 2.25-acre Permit Area is in the
eastern portion of the CPR Unit, and includes the existing farm dwelling,proposed venue site,
parking areas, and driveway. According to County tax records, structures on CPR Unit 1 include
a farm dwelling constructed in 2001 and an agricultural storage building built in 2000.
According to the Applicant,the agricultural storage building includes an attached coffee drying
and processing area.
2. Surrounding Zoning/Land Uses: Surrounding properties are similarly zoned
Agricultural with a 20-acre minimum lot size (A-20a) and consist of forest, pastureland, coffee
farms and farm dwellings. The Wai`aha Springs State Forest Reserve borders the Property to the
north. The subject property is part of the Waiono Meadows subdivision, an 11-lot subdivision
created in 1987 with lot sizes ranging from 38 to 1,068 acres.
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3. USDA Soil Survey Report: Soils in the Permit Area are classified as `Hua-
Honaunau' Series, described as volcanic ash over pahoehoe lava flows with 10 to 20 percent
slopes; it is poorly drained with a high runoff rate.
4. Land Study Bureau Soil Rating: The Permit Area is designated as "D"or
Poor"for agricultural productivity.
5. Agricultural Lands of Significance to the State of Hawaii(ALISH): The
Permit Area is classified as "Other"important agricultural land,which are lands of statewide or
local importance for the production of food, feed, fiber, and forage crops. These lands can be
farmed satisfactorily by applying greater inputs of fertilizer and other soil amendments, drainage
improvements, erosion control practices, flood protection and produce fair to good crop yields
when managed properly.
6. Flood Zone: The property and Waiono Ranch Road are located within Zone X,
determined by FEMA to be an area of minimal flood hazard.
7. Floral/Fauna Resources: No formal flora or fauna study of CPR Unit 1 and the
Permit Area has been done, and the Applicant does not believe that rare or endangered floral or
faunal resources are likely to be found in the Permit Area as it has been cleared and the
surrounding area farmed for many years. Approximately 8 acres of the CPR Unit are dedicated to
coffee production. There are also fruit trees, `ohi`a trees and koa trees scattered across the CPR
Unit.Non-native trees include Indian almond,African tulip, and common guava. The Applicant
also maintains a large vegetable garden for their own use. Fauna in the Permit Area consists of
introduced bird species, domestic animals such as cats and dogs, and rats and feral pigs.
Approximately Y2 acre will be disturbed to construct the proposed wedding venue structure.
According to the DLNR Forestry and Wildlife Division(DOFAW), listed, threatened and
endangered animal species that have the potential to occur in the general vicinity of the Permit
Area include the Hawaiian Hawk, Hawaiian hoary bat, and various threatened and endangered
seabirds that may transit the Permit Area flying to upland breeding colonies. The DOFAW
recommends various measures be implemented to avoid or minimize impacts ofthe proposed
project on these species. DOFAW also recommends measures be taken to prevent the spread of
Rapid `Ohi`a Death if an `ohi`a will be removed, trimmed or injured in the Permit Area.
8. Archaeological/Historical/Cultural Resources: No formal archaeological study
of CPR Unit 1 and the Permit Area has been done. However, in letters dated April 4, 2013 for a
grubbing permit and dated July 28, 2020 for the subject Application, the State Historic
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Preservation Division(SHPD) determined no historic properties would be affected by the
proposed use due prior ground disturbance. There are no known historic sites on the property
listed on the State or National Register of Historic Places. There are no known valued cultural or
historical resources in the Permit Area that would be affected by the proposed project and there
is no evidence of any traditional and customary Native Hawaiian rights being practiced on the
site.
9. Public Access: There is no known public access to the mountains or the
shoreline that runs through the Permit Area.
E. Public Facilities,Utilities and Services
1. Access and Parking: The subject property is about 1.5 miles east(mauka) of
Mamalahoa Highway and is accessed via Waiono Ranch Road, which is one-lane(12-foot wide)
paved roadway with grass shoulders within an 80-foot wide private road lot. The Applicant has
an easement to use the road lot for access to the property. From Waiono Ranch Road into the
property there is an existing 10-foot wide paved driveway extending 900 feet in length. The
Applicant proposes a new 5-space gravel parking area connected to the existing paved driveway
to serve the event venue. Additional parking is located off the long driveway adjacent to the
coffee orchards, which will be graveled and provide parking for shuttle vans and buses. The
Department of Public Works recommends the applicant provide two access improvements: 1)
verify sight distance at the Waiono Ranch Road/Mamalahoa Highway intersection and trim any
vegetation as necessary to maintain minimum sight distance; and 2) improve the Waiono Ranch
Road/Mamalahoa Highway intersection to accommodate two-lanes of traffic for safe ingress and
egress from the highway by specifically widening Waiono Ranch Road to 20 feet for a distance
of 50 feet from the edge of pavement of the highway and have a minimum of 4-foot aprons at the
highway connection.
2. Traffic Impacts: The proposed use would generate a maximum of 250-500
visitors per week and the Applicant will limit guests to bring no more than 20 vehicles to the
venue. According to the Applicant, traffic on Waiono Ranch Road is generally low and made up
primarily by residents of the area and workers at nearby agricultural operations, and the proposed
project would generate a modest increase in traffic to the property. In a May 26, 2020 letter that
is part of the Application, the Applicant clarified that a"shuttle service" consisting of a
passenger van or bus will be hired to transport guests between their lodging and the venue. For
guests not staying at hotels, for example a local Kona wedding, guests would be required to be
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dropped off at a shuttle pick up location. The objective of the shuttle service would be to reduce
the traffic on access roads. Guest trips to and from the property would occur mid-day and in the
early evening, outside of normal peak traffic periods for work and school. The Applicant
believes these measures will decrease the potential for off-site parking impacts and reduce or
eliminate the possibility of drunk driving.
3. Water: According to the Department of Water Supply(DWS),the subject
property is not within the service limits of the Department's existing water system. According to
the Applicant,there is one County master water meter for the Property which is shared between
the four CPR units to be used as a back-up system. The low annual rainfall in the area(35-50
inches)is also insufficient to support water catchment systems for domestic use. The Applicant
proposes to provide potable water to guests by trucking in water and storing it in water tanks.
Additionally,non-potable water catchment tanks will be provided onsite for agricultural water
and fire suppression.
4. Wastewater: The Property is not currently serviced by the County sewer system.
According to the Applicant, the existing residence in the Permit Area is served by a permitted
cesspool. The proposed wedding venue building would be served by a new individual
wastewater system meeting the requirements of the State Department of Health.
5. Other Essential Utilities and Services: Electrical services are provided by solar
power for the farm and domestic use. Police, fire, and medical services are located nearby in
Kailua-Kona and Kealakekua. According to the Applicant, consultation with the Fire Department
indicates that sections of Waiono Ranch Road may exceed 15% grade which may not meet Fire
Code requirements for apparatus access. The Applicant will work with the Fire Department to
provide alternative fire protection measures meeting Fire Code requirements.
II. CONCLUSIONS OF LAW
Based upon the foregoing Findings of Fact, the Leeward Planning Commission makes the
following conclusions of law:
1. The Commission has jurisdiction over this Special Permit application pursuant to
Hawai`i Revised Statutes ("HRS") Section 205-6. In considering a Special Permit for any
proposed use,the Planning Commission must find that the proposed use:
a.Is an unusual and reasonable use ofland situated within the Agricultural or
Rural District,whichever the case may be, and
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b. Would promote the effectiveness and objectives of Chapter 205, HRS, as
amended.
2. In addition to the above, Rule 6-3(5) of the Planning Commission relating to
Special Permits requires that the following criteria be met:
a.Such use shall not be contrary to the objectives sought to be accomplished
by the Land Use Law and Regulations.
b. The desired use shall not adversely affect surrounding properties.
c.Such use shall not unreasonably burden public agencies to provide roads
and streets, sewers, water, drainage, school improvements, and police and
fire protection.
d. Unusual conditions,trends, and needs have arisen since the district
boundaries and regulations were established.
e.The land upon which the proposed use is sought is unsuited for the uses
permitted within the district.
f The proposed use will not substantially alter or change the essential
character of the land and the present use.
g. The request will not be contrary to the General Plan and official
Community Development Plan and other documents such as Design Plans.
3.The proposed use is contrary to the objectives sought to be accomplished by
the Land Use Law and Regulations,would not promote the effectiveness and objectives of
Chapter 205, HRS, as amended, and is not considered an unusual and reasonable use of
land situated within the Agricultural District. The intent of the State land use laws is to
preserve,protect, and encourage the development of lands in the State for those uses to which
they are best suited in the interest of the public health and welfare of the people in Hawai`i. The
proposed use is located in an area designated Agricultural by the State Land Use Commission.
As the requested event venue use is not permitted in the State Land Use Agricultural District, a
Special Permit is required to allow the use to be permitted. The"agricultural tourism" section of
the Hawai`i County Zoning Code provides that weddings, parties, and catered events can be
established on a working farm with a Special Permit. To do this, the income generated from the
agricultural tourism cannot exceed the income generated by the farming activities. The Applicant
indicated that they were submitting a concurrent Plan Approval application for Agricultural
Tourism but to date it has not been submitted. Regardless, it is highly likely the income from the
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proposed use will exceed income generated by the existing coffee farming activities on the
remainder of the property. Having the event venue be the primary income-generating use ofthe
CPR Unit is not consistent with the intent of the State land use laws or the County Zoning Code
for lands in the Agricultural District and County agricultural zoning district.
4. The proposed use would adversely affect surrounding properties.Neighbors
have provided written public testimony raising concerns about traffic safety, liability issues and
flooding of the private access roadway, Waiono Ranch Road. The Planning Director agrees with
these concerns as there will be a substantial increase in traffic on this roadway ifthe proposed
use is established. This is further addressed in the next criteria.
Visual impacts to surrounding properties should be minimal since there is existing natural
vegetation buffers between the Permit Area and surrounding CPR units and properties. The
Applicant will provide additional landscaping as needed to maintain the visual buffer.
Although the Permit Area is about 500 feet from the nearest residences to the west, there
is still a possibility that increased noise and night light pollution will adversely affect
surrounding properties. Particularly, the nighttime hours of operation up to 10:00 p.m. daily can
be disruptive to neighboring properties. It is also not clear from the Application and
supplemental information provided by the Applicant whether amplified music will be allowed in
the Permit Area. One part of the Application indicates 'no outdoor amplified music will be
allowed"and another part indicates "If required as a condition of approval the applicants would
limit volume on a supplied PA system for any ceremonies withing to use such system."The
Application also indicates the proposed event venue would have sliding glass doors that would
be closed ifmusic were played,but the floor plan provided in the Application does not show
sliding glass doors. The Applicant proposes to limit noise in the Permit Area to 55 decibels
residential sound levels) at the CPR Unit boundary,but the Department has no way to monitor
or enforce this limitation. The Planning Director believes a substantial increase in noise will
occur, with or without an amplification system being used, due to the size of the events that will
be held at the venue.
Lastly, any time a non-agricultural use is established in an area actively being farmed or
ranched, it can create conflicts between the two land uses. There is a concern that the guests of
the proposed event venue may complain about farm and ranch-related nuisances such as noise or
odors from surrounding properties.
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5. The proposed use will unreasonably burden public agencies to provide roads
and streets, sewers,water, drainage, school improvements, and police and fire protection.
The Planning Department has public safety concerns over the potential traffic hazards of
increasing traffic on the private access road, Waiono Ranch Road,which was built to
accommodate a low volume of traffic associated with the fanning community rather than the
proposed commercial visitor-oriented use. The road is narrow, with a pavement width of
approximately 12 feet, and has grass shoulders, and limited sight distance due to curves and hills
along the roadway. The intersection of Waiono Ranch Road and Mamalahoa Highway requires
widening and sight distance improvements and Waiono Ranch Road does not have adequate
sight distance due to hills and curves and does not meet Fire Code requirements due to grade
15%+) and width(12 feet of pavement width instead of 20). The Applicant proposes to limit the
number of vehicles for each event to 20 passenger vehicles and have additional guests arrive by
passenger van or bus to reduce the amount of traffic using the roadway. However, the proposed
use will still bring in passenger vans,buses, water-hauling trucks, food trucks, and up to 80
passenger vehicles per week,which will increase traffic well beyond present levels and
exacerbate potentially unsafe road conditions. Additionally,public testimony was submitted by
neighbors with concerns about traffic safety due to inadequate sight distance and the substandard
condition of the roadway, liability issues is there is an accident on the private access roadway,
and flooding of the roadway. Unless the road is widened to accommodate two-way traffic there
will be a potential for increased traffic accidents due to the hills and turns that limit the ability for
drivers traveling in opposite directions to see each other in advance. The Planning Director
cannot support a Special Permit for the proposed use if safe access for that use cannot be
ensured. Lastly, since the Applicant is not proposing to widen the private access roadway to meet
Fire Code requirements, it is likely they will need to provide automatic fire sprinklers in the
proposed event venue building, which may be infeasible or too costly for the Applicant too
provide since the property is not on a municipal water system.
6. Unusual conditions,trends, and needs have arisen since the district
boundaries and regulations were established. Since the State Land Use laws were established
in the 1960's many changes have occurred in the use oflands in the Agricultural District.
Because so much ofHawaii island's land is classified as agricultural, there is increasing
pressure to use these lands for urban uses, particularly economically lucrative visitor-oriented
uses that are more appropriate to locate in areas zoned for resort and visitor-oriented uses.
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7. The land upon which the proposed use is sought is not unsuited for the uses
permitted within the district.The Property is situated in the Kona Coffee Belt and there is an
active coffee farm on a portion of the CPR Unit. Although soils on the Property are classified as
Poor"by the Land Study Bureau classification system, the Permit Area is classified by the
ALISH system as "Other"important agricultural land,which are lands of statewide or local
importance for the production of food, feed, fiber, and forage crops. These lands can be farmed
satisfactorily by applying greater inputs of fertilizer and other soil amendments, drainage
improvements, erosion control practices, flood protection and produce fair to good crop yields
when managed properly. Based on the above, the land upon which the proposed use is sought has
a high agricultural potential and should be preserved for agricultural uses permitted within the
agricultural district.
8. The proposed use would substantially alter and change the essential
character of the land and its present use.The essential character of the land is currently
agricultural in that there is an active coffee farm on about 8 acres ofthe CPR Unit. There is a
farm dwelling and agricultural storage building on the CPR Unit. Surrounding properties are
similarly zoned Agricultural with a 20-acre minimum lot size(A-20a) and consist of forest,
pastureland, coffee farms and farm dwellings. Construction and operation of the event venue
with a maximum of 250-500 visitors per week would substantially change the character ofthe
property and surrounding area.
9. The proposed use is contrary to the General Plan and Kona Community
Development Plan. The Planning Director recognizes there is an economic benefit to
establishment of the event venue in that it will support local businesses, which is evidenced by
the public testimony in support ofthe proposed use from several local businesses such as caterers
and photographers. However, the proposed use is not compatible with the surrounding land uses
and is inconsistent with the General Plan LUPAG Map, General Plan policies, and Kona CDP
Economic strategies. The property is classified as Important Agricultural Land on the General
Plan LUPAG Map. This is the highest classification of agricultural land in the County because
these lands have a better potential for sustained high agricultural yields because of soil type,
climate, topography, and other factors. Lands that are not capable of producing sustained, high
agricultural yields are classified as Extensive Agriculture and are typically used for grazing and
pasture. Establishment ofthe proposed use would be contrary to the following goals and policies
of the General Plan:
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Preserve the agricultural character of the island.
Designate,protect, and maintain important agricultural lands from urban
encroachment.
Investigate possibilities to prevent non-agricultural uses that could interfere with
potential or existing agricultural activities on important agricultural lands.
As previously stated, the proposed use would substantially change the agricultural
character of the property and would introduce an inappropriate visitor-oriented urban land use
into the existing farming community.
The Kona Community Development Plan(KCDP) establishes a land use pattern for Kona
by siting urban uses within the Kona Urban Area to protect important agricultural lands. The
KCDP allows a Special Permit to be issued for ecotourism and non-agricultural related uses on
lands designated Extensive Agriculture on the LUPAG map,but it does not allow for a Special
Permit for these uses on lands designated Important Agricultural Lands because these lands
provide sustained higher agricultural yields than lands designated Extensive Agriculture. Policy
ENV-1.6 of the KCDP, states that on lands designated as Extensive Agriculture on the LUPAG
Map, a Special Permit for an eco-tourism related or other non-agricultural related use may be
considered provided the proposed project is consistent with the Kona Mauka Watershed
Management Program. The purpose of the watershed management program is to create an action
plan for preserving the ecosystem value of the watershed above the 1,500-foot elevation. The
Permit Area is located at about the 2,400-foot elevation. Additionally, a primary strategy for
enhancement of the Kona agricultural industry is to protect agriculturally-zoned lands outside of
the Kona Urban Area for agricultural uses.
Based on the preceding considerations, it is determined that the establishment of a venue
for weddings and similar gatherings on the subject property will not be a reasonable use of land
situated within the State Land Use Agricultural District.
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III. DECISION AND ORDER
Based on the foregoing proposed findings of fact and conclusions of law the Commission
finds that the proposed use is not unusual and reasonable and does not promote the objectives of
Chapter 205, HRS. Thus, Special Permit Application No. 20-000218 is hereby DENIED.
DATED: Kailua-Kona, Hawaii, 2020.
LEEWARD PLANNING COMMISSION
COUNTY OF HAWAII
Nancy Carr-Smith, Chair
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