HomeMy WebLinkAboutPD RECOMMENDATION REPORT ROnaka.SPREC.11.16.2021
COUNTY OF HAWAI`I PLANNING DEPARTMENT
RECOMMENDATION
RACHELLE ONAKA
SPECIAL PERMIT APPLICATION NO. PL-SPP-2021-000003
Upon review of the request against the guidelines for granting a Special Permit, the
Planning Director recommends that the request to establish a three-bedroom bed and
breakfast establishment within an existing single-family dwelling and an adjoining guest
house on 1.312 acres of land 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. The approval recommendation is based
on the following findings:
The applicant, who currently resides on the property, is requesting a Special
Permit to establish a three-bedroom bed and breakfast operation in an existing, two-
bedroom single-family dwelling and an existing, one bedroom guest house. The bed and
breakfast will operate within the existing footprint of the single-family dwelling and
guest house, with the intention to provide accommodations for under ten (10) adults. The
applicant's objective is to provide alternative accommodations for visitors to the Big
Island of Hawaii. The applicants intend to employ a family member as both the operator
of the bed and breakfast as well as the manager for the existing coffee farm on site. The
applicant is proposing to schedule guest check-in and check-out after the AM/PM peak
hours for traffic.
The grounds for approving a Special Permit are based on Rule 6-7 in the Planning
Commission Rules. It 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 Agricultural District that would not be contrary to the effectiveness and
objectives of Chapter 205, Hawaii Revised Statutes, as amended.
In recognizing that lands within 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 subject property is 1.312 acres in
size and is situated within the County's Agricultural (A-la) zoning district. There is an
existing, single story, two-bedroom/two-bathroom single-family dwelling, a single story
one-bedroom/one-bathroom permitted guest house, and a single story two-bedroom/one-
bathroom second farm dwelling. The property currently has an operational coffee farm
that will remain in operation in conjunction with the proposed bed and breakfast
operation. The request is unusual in that the proposed uses are not strictly agricultural in
nature. However, the proposed bed and breakfast uses and activities will occur in existing
structures and will not require any further clearing of the parcel, thus the proposed use
will not diminish the potential for agricultural activity on the property. Therefore, it is
reasonable that this use be allowed in 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 uses shall not be contrary to the objectives sought to be
accomplished by the Land Use Law and Regulations. The State Land Use Law and
Regulations are intended to preserve,protect and encourage the development of lands for
those uses to which they are best suited in the interest of the public welfare of the people
of the State of Hawaii. In the case of the Agricultural District, the intent is to preserve or
keep lands of high agricultural potential in agricultural use. The soils on the property are
classified by the Land Study Bureau's rating system as class "C" or "Fair" soils for
agricultural productivity and designated "Unclassified" on the Agricultural Land of
Importance to the State of Hawaii (ALISH)map. As the proposed use will be conducted
within the existing structures, it will not displace any existing agricultural activity or
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diminish the agricultural potential of the property. Therefore, the use will not adversely
affect the preservation and agricultural use of the County's agricultural lands of high
agricultural potential and is not contrary to the objectives sought to be accomplished by
the State Land Use Law and Regulations.
(B) The desired use would not adversely affect surrounding properties.
Uses in the surrounding area are a mix of agricultural and residential. There is a cluster of
commercial uses within parcels zoned Village Commercial (CV) approximately 630 feet
north of the subject site. The subject property is bordered by dwellings in all directions,
with the closest dwellings being approximately 85 feet from the structures for the bed and
breakfast operation to the north and south. Noise and visual impacts are not anticipated to
adversely affect the surrounding properties. TMK 7-6-005:057, located approximately
900 feet southwest of the subject property, was approved for Use Permit No. 159, to
establish a 2-bedroom bed and breakfast operation. The proposed use will abide by the
rules and regulations for bed and breakfast operations as stated in Hawaii County Code
Chapter 25. No traffic impacts are anticipated due to the limited number of rooms for rent
(3) and the limitation on number of guests allowed at any one time (10). Approximately 5
peak hour guest vehicle trips are estimated per day. Given the low traffic levels
anticipated by the proposed use, the applicant does not propose any road improvements,
thus the proposed use should 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. The subject property is accessible via Duarte Road, a privately owned
approximately 9-foot wide paved roadway over a 50-foot wide access and utility
easement that bisects the subject property and connects to Mamalahoa Highway. The
portion of Mamalahoa Highway fronting the subject property's driveway entry is County
maintained and has a right-of-way width of 50 feet with an approximate pavement width
of 20 feet. There is good visibility both entering and exiting the driveway connection to
the subject site. To minimize conflicts with school and commuter traffic, the applicant
intends to schedule guest check-in and check-out after the AM/PM peak hours.
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The Fire Department did not provide comments on the proposed development;
however, the applicant will be required to implement any improvements required by the
Fire Department and the Department of Water Supply to ensure that fire protection
requirements can be met for the proposed bed and breakfast operation. Conditions
reflecting these requirements will be added to this approval.
According to DWS the subject property is considered out-of-bounds. Parcels that
are out-of-bounds are limited to just one (1)unit of water. DWS reports that one (1)unit
of water can be made available to the subject parcel to service just one (1) of the dwelling
units. Two (2) or more dwellings may not share a 5/8-inch water meter, thus the other
two dwellings must be serviced by a private water catchment system as additional DWS
meters are not available. DWS recommends the applicant enter into an out of bounds
agreement with DWS, remit the payment of the necessary facilities charge as well as cost
of the service lateral installation, and install a 5/8-inch water meter. A water supply
capable of supplying the required fire flow for fire protection will need to be installed per
the standards set forth in section 18.3.8 of the County Fire Code. Conditions reflecting
these requirements will be added to this approval.
The subject property is not currently serviced by the County sewer system.
According to the applicant, wastewater disposal is currently through an existing cesspool
for the second farm dwelling (proposed housing for farm manager/rental host) and the
guest house. The first farm dwelling is serviced by an existing septic system. A condition
of approval will require that the individual wastewater system(s) continue to meet with
Department of Health regulations.
All essential utilities and services are available to the site. Based on the discussion
above, the proposed use will not unreasonably burden public agencies to provide roads
and streets, sewers, water, drainage, school improvements, or police and fire protection.
(D) Unusual conditions, trends, and needs have arisen since district
boundaries and regulations were established. Since the State Land Use district
boundaries were established in the 1960's, demand has increased for alternative overnight
accommodations for guests who seek a more peaceful, remote environment as an
alternative to resort venues. The proposed use would meet this demand by providing
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visitors an opportunity to have a more remote and peaceful stay on the island as well as
the opportunity to experience an operational coffee farm in the unique region of the
island identified as the Kona Coffee Belt.
(E) The land upon which the proposed use is sought is unsuited for the
uses permitted within the district.
The subject property is located within the region defined as the "Kona Coffee
Belt". The property currently has an operational coffee farm that will remain in operation
in conjunction with the proposed bed and breakfast operation. Based on the discussion
above, the proposed uses will not diminish agricultural opportunities on the subject
property and thus will not adversely impact the agricultural potential of the land.
(F) The use will not substantially alter or change the essential character
of the land and the present use. The essential character of the property and surrounding
area is agricultural and residential. The applicant will continue to operate and maintain
the existing coffee farm on site in conjunction with the proposed bed and breakfast
operation. The proposed bed and breakfast establishment will operate within existing
structures on the property and will not require any major construction to establish this
use. Therefore, it is not anticipated that the proposed use will substantially alter the
essential character of the land and its present use.
(G) The request will not be contrary to the General Plan and Community
Development Plan (CDP) and Zoning Code. The Land Use Pattern 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
project site is identified by the LUPAG map as Low Density Urban, which includes
residential uses with ancillary community and public uses, and neighborhood and
convenience-type commercial uses. As previously mentioned, the proposed request will
not displace any active or potential agricultural activity on the property. The proposed
request is consistent with the following goals and policies of the Land Use and Economic
elements of General Plan.
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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.
■ Encourage the development and maintenance of communities meeting the needs
of its residents in balance with the physical and social environment.
Economic Element
■ Provide residents with opportunities to improve their quality of life through
economic development that enhances the County's natural and social
environments.
■ Economic development and improvements shall be in balance with the physical,
social and cultural environments of the island of Hawaii.
■ Provide an economic environment which allows new, expanded, or improved
economic opportunities that are compatible with the County's cultural, natural and
social environment.
■ Strive for an economic climate which provides its residents an opportunity for
choice of occupation.
■ Encourage the development of a visitor industry that is consistent with the social,
physical and economic goals of the residents of the County.
The proposed request will allow the applicant an opportunity to improve their
quality of life,provide an economic environment that allows this new, economic
opportunity, and increase the development of the visitor industry for Hawaii Island in a
manner that is compatible with the County's cultural, natural, and social environment.
According to Section 25-1-5(b) of the Zoning Code, a"bed and breakfast
establishment" means any single-family dwellings and/or guest houses (pursuant to
section 25-4-9), which have been permitted on a building site, in which overnight
accommodations and only breakfast meals are provided to a maximum of ten guests, for
compensation, for periods of less than thirty days. The proposed use meets this definition
of a"bed and breakfast establishment" as the bed and breakfast will operate out of a
single-family dwelling and guest house, the three (3)rooms will be rented out to under
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ten (10) guests at any one time for periods of less than 30 days, and only breakfast meals
will be provided. The proposed operation is located on land with the State Land Use
designation of Agricultural, which allows for the establishment of bed and breakfast
operations via a Special Permit. Accordingly, the proposed operation will not be contrary
to Zoning Code.
The Kona Community Development Plan (CDP) supports the current strengths in
agriculture and tourism for the region. Section 4.8.2 identifies the importance of
enhancing agricultural tourism as well as maintaining Kona coffee as a specialty crop.
Section 4.8.3 supports opportunities to enhance Kona's agricultural industry. The
proposed operation of a bed and breakfast establishment, in conjunction with the existing
coffee farm, is in agreement with the desired agricultural industry growth prescribed
within the plan, therefore the proposed operation will not be contrary to the Kona
Community Development Plan.
The request is not contrary to Chapter 205A, Hawaii Revised Statues,
relating to Coastal Zone Management. The property is located approximately two
miles away from the nearest shoreline and will not be impacted by coastal hazards or
affect beach erosion, coastal ecosystems and marine resources. Additionally, it is not
located in the Special Management Area. There is no record of a designated public access
to the shoreline or mountain areas that traverses the property. According to the applicant,
no archeological or historical features are known to exist on the subject property nor is
the property listed as a historic site on the State or National Register of Historic Places.
There are no known traditional or customary Native Hawaiian cultural rights being
practiced within the subject property or any known cultural or historic resources existing
on the property. The applicant reports that they believe it is unlikely to find and
significant archeological features on the site as it has previously been fully developed for
residential and agricultural uses.
Lastly, 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
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building permits, the installation of approved wastewater disposal systems, compliance
with the Building Code and 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 considered a violation that may result in enforcement
action by the Planning Department and/or the affected agencies.
Based on the above considerations, approval of the Special Permit request to
establish a three-bedroom bed and breakfast operation within an existing single-family
dwelling and an adjoining guest house on 1.312 acres of land situated within the State Land
Use Agricultural District would support the objectives sought to be accomplished by the
Land Use Law and Regulations.
Approval of this request is subject to the following conditions:
1. The applicant, its successors or assigns ("Applicant") shall be responsible for
complying with all stated conditions of approval.
2. The operation of the bed and breakfast establishment and related improvements
shall be conducted in a manner that is substantially representative of plans and
details contained within the Special Permit application dated September 23, 2021
and representations made to the Leeward Planning Commission. Any substantial
expansion of the facility or uses beyond what is represented in these documents
shall require an amendment to this permit.
3. The applicant shall comply with all requirements of Section 25-4-7 of the Zoning
Code, Hawaii County Code Chapter 25, as amended, relating to Bed and
Breakfast Establishments.
4. Prior to commencement of the proposed bed and breakfast use within the existing
farm dwelling and guest house, the Applicant shall secure and finalize all required
building permits from the Department of Public Works Building Division.
5. The Applicant shall comply with all Fire Department requirements as set forth in
Section 18.3.8 of the Hawaii County Fire Code for firefighting water purposes
for the proposed development.
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6. The applicant shall provide potable water to the bed and breakfast establishment
by securing one 5/8-inch water meter, which is limited to 400 gallons per day,
from the Department of Water Supply (DWS). Additional potable water may be
provided by onsite storage tanks or bottled water. Multiple dwellings shall not
share any DWS water meter, and the water system plumbing between the
dwellings shall not be interconnected in any way. Additionally, the applicant shall
enter into and comply with all conditions of an out of bounds agreement with the
Department of Water Supply to establish a water connection for one (1)unit of
water to a single dwelling.
7. The Applicant shall install a reduced pressure type backflow prevention assembly
within five (5) feet of the newly installed water meter on private property, which
must be inspected and approved by the Department of Water Supply.
8. The bed and breakfast operation shall be limited to the use of three (3)bedrooms.
9. The method of sewage disposal shall meet with the requirements of the State
Department of Health.
10. The applicant shall secure a food establishment permit and construct a certified
kitchen meeting the requirements of the State Department of Health,prior to
commencement of meal service to guests if the applicant opts to serve meals
consisting of"potentially hazardous foods" as defined by the Department of
Health. A copy of the permit shall be provided to the Planning Department prior
to commencement of the proposed use.
11. All development generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties.
12. In the event that surface or subsurface historic resources, including human
skeletal remains, structural remains (e.g. rock walls, terraces,platforms, etc.),
cultural deposits, marine shell concentrations, sand deposits, or sink holes are
identified during the demolition and/or construction work, the Applicant shall
cease work in the immediate vicinity of the find,protect the find from additional
disturbance and contact the State Historic Preservation Division at(808) 933-
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7651. Subsequent work shall proceed upon an archaeological clearance from
DLNR-SHPD when it finds that sufficient mitigation measures have been taken.
13. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
14. Should any of these conditions not be met or substantially complied with in a
timely fashion, the Planning Director may initiate procedures to revoke the
permit.
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