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HomeMy WebLinkAboutPD RECOMMENDATION REPORT (SPP 21-224)RRabinSPP.doc 4/1421 COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION ARNOLD RABIN SPECIAL PERMIT APPLICATION NO. 21-000224 (SPP 21-000224) Upon review of the request against the guidelines for granting a Special Permit, the Planning Director is recommending that this request to allow the use of a portion of an existing dwelling as real estate office on approximately 1.01 acres of land situated within the State Land Use Agricultural District be approved by the Planning Commission. Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. This approval recommendation is based on the following findings: The applicant is requesting a Special Permit to establish a real estate office as a home occupation in an approximately 120 -square foot room of his existing dwelling. Office activities will include communication with clients by Zoom video conference platform, with the main use of the office space being the maintenance of records. The applicant will be the only employee. The applicant meets clients via Zoom video conference platform, so client visits to the property will not be expected. The applicant is making this request in response to the current Covid-I9 pandemic so that he can work more safely and productively. Additionally, it will make it easier for him to pursue agricultural activities on the property by operating his business from his existing dwelling. The criteria for approving a Special Permit are based on Rule 6-7 in the Planning Commission Rules. Rule 6-7 states that the Planning Commission shall not approve a Special Permit unless it is found that the proposed use (a) is an unusual and reasonable use of land situated within the Agricultural or Rural District, whichever the case may be; and (b) the proposed use would promote the effectiveness and objectives of Chapter 205, Hawaii Revised Statutes, as amended. The proposed use is an unusual and reasonable use of land situated within the State Land Use Agricultural District and would promote the effectiveness and objectives of the State Land Use Law and Regulations and Chapter 205, HRS, as amended. The State Land Use Law and Regulations are intended 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 of the State of Hawai`i. In the case of the Agricultural District, the intent is to preserve or keep lands of high agricultural potential in agricultural use. In recognizing that lands within the agricultural districts might not be best suited for agricultural activities and yet classified as such, and in recognition that certain types of uses might not be strictly agricultural in nature, yet reasonable in such districts, the legislature has provided for the Special Permit process to allow certain unusual and reasonable uses within the Agricultural District. The proposed use is considered a "home occupation" as defined by the County's Zoning Code. A home occupation is any activity intended to provide income that is carried on within a dwelling, within an accessory structure to a dwelling, or on a portion of a building site used principally for dwelling purposes. The County's Zoning Code and State Land Use Law require a Special Permit to allow a home occupation on lands designated Agricultural by the County and State. The proposed use is not agricultural in nature but will occur entirely within an existing dwelling, and therefore will not foreclose opportunities to use the remainder of the property for agriculture. Due to the very limited nature of this request as a real estate office in an existing dwelling accommodating the homeowner as the only employee, we do not predict that the approval of this request will jeopardize the preservation of agricultural lands for farmers. If approved, the existing farm dwelling will continue to be the primary use of the property with the real estate office relegated to something akin to a home occupation, which is permitted everywhere else except on Agricultural-designated lands. If this very same use was proposed in a single -family residential area, it would be considered an outright permitted use. We do not find a significant difference between a single -family dwelling located in an urban residential area versus an agricultural area. Homeowners need opportunities to be able to work or operate a small business from their home in consideration of the current Covid-19 pandemic. Approval of this Special Permit will provide this landowner with an opportunity afforded to every other homeowner in urban- designated areas. We do not view the approval of this Special Permit as a threat to our 2 farmers or our agricultural land inventory. Thus, the proposed use is an unusual but reasonable use within the Agricultural District. In addition to the above listed criteria, the Planning Commission shall also consider the following criteria listed under Section 6-3(b)(5) (A) through (G) of its rules of practice and procedure: A) Such use shall not be contrary to the objectives sought to be accomplished by the Land Use Law and Regulations. The subject property is designated as "E" or "Very Poor" by the Land Study Bureau and is unclassified under the Agricultural Lands of Importance to the State of Hawai'i (ALISH). Therefore, the proposed use is considered an unusual and reasonable use of the agricultural land that will not adversely affect the preservation and agricultural use of the County's agricultural lands. B) The desired use shall not adversely affect surrounding properties. The surrounding parcels are all similarly zoned A -la. Parcels directly surrounding the subject property are agricultural properties with an existing dwelling. HOnaunau Elementary School is located directly across Hawaii Belt Road on a 12 -acre parcel to the East. The closest dwelling is located 117 feet away on the adjacent property to the southwest. Since the proposed use will occur within the existing dwelling and will not generate noise or odors, it is unlikely that the use will have any adverse impacts on surrounding properties. No traffic impacts are anticipated because clients will not be coming to the real estate office. C) The proposed use shall not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage, school improvements, and police and fire protection. Access to the property is via an access easement that crosses TMK: 3) 8-3-010:044 to connect to Hawai `i Belt Road. County water is available to the property and to support the proposed use. Wastewater for the existing residence is disposed of into a private cesspool. All essential utilities and services are available to the site. The real estate office will operate as a home business within one room of a single- family dwelling, and therefore, will not increase demand on services. As no clients will come to the site, there will be no impacts to public roads. Based upon the above 3 information, the proposed use will not unreasonably burden public agencies to provide infrastructure and services to the site. D) Unusual conditions, trends, and needs have arisen since district boundaries and regulations were established. In the 1960's and 1970's, the State's agricultural district boundaries and regulations were established and subsequently amended pursuant to HRS Chapter 205. The State Land Use Commission was created in 1961, and interim regulations and temporary district boundaries became effective in 1962. Subsequently, the regulations and Land Use District Boundaries became effective in August of 1964. Since 2019 there has been a drastic increase in the need to be able to work from home as well as operate small businesses as an in-home occupation due to the ongoing Covid-19 pandemic. Additionally, many technological changes have occurred, such as the Internet, which make it easier for people to operate home-based businesses. Thus, the issuance of a Special Permit for the proposed "non-agricultural" use is appropriate. E) The land upon which the proposed use is sought is unsuited for the uses permitted within the district. Soils on the project site are classified as "E" or Very Poor" by the Land Study Bureau's Overall Productivity Rating and are Unclassified by the Department of Agriculture's Agricultural Lands of Importance to the State of Hawaf i (ALISH) Map. The USDA Soil Survey Type for the subject property is Kona and Haplic Udarents soils, with 2 to 10 percent slopes. Despite the poor soil quality, the remainder of the property still serves an agricultural use and is being utilized by the owner as a productive orchard and gardens. F) The proposed use will not substantially alter or change the essential character of the land and the present use. The current character of the property and surrounding area is agricultural with farm dwellings. A farm dwelling was constructed on the property in 2000, a portion of which will be used for the real estate office. Since all activities associated with the proposed use will take place within the existing dwelling, the essential character of the land is not expected to change. G) The request will not be contrary to the General Plan and official Community Development Plan and other documents such as Design Plans. The 4 Land Use Pattem Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide the coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non- urban form for areas within the County. The subject property is designated Important Agricultural Lands. The proposed use will occur within the existing dwelling and should not have any impact on the agricultural use of the surrounding land. The proposed use is considered a home occupation -type business because it occurs entirely within a dwelling and does not involve a large number of clients going to and from the business. Based on this information, the proposed use will not be contrary to the goals, policies, objectives and actions of the General Plan. The proposed use is not contrary to the objectives sought to be accomplished by Chapter 205A, Hawai'i Revised Statutes, relating to the coastal zone management program. The property is located well outside of the Special Management Area (SMA) and tsunami evacuation zone. There is no designated public access to the mountain or shoreline areas over the property.- Therefore, the proposed use will not adversely impact any recreational resources, including access to and along the shoreline, scenic and open space nor visual resources, coastal ecosystems, and marine and coastal resources. Further, the property will not be affected by any coastal hazards or beach erosion. Therefore, the proposed use is not contrary to the objectives of Chapter 205A, Hawaii Revised Statutes. Finally, 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 water 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 5 considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the above considerations, the approval of the request to allow the use of a portion of an existing dwelling as a real estate office would support the objectives sought to be accomplished by the Land Use Law and Regulations. Approval of this request is subject to the following condition. 1. The applicant, successors or assigns shall comply with all applicable County, State and Federal laws, rules, regulations, and requirements. 2. The applicant shall comply with Section 25-4-13 of the Zoning Code (Chapter 25), County of Hawaii related to Home Occupations. 3. As represented by the applicant, no client visits to the property shall be permitted. 4. Should these conditions not be met or substantially complied with in a timely fashion, the Director may initiate procedures to revoke this Special Permit. 6