Loading...
HomeMy WebLinkAboutPD RECOMMENDATION REPORT (PL-USE-2022-000007) RC ochranUSE.cm.5-17-23 COUNTY OF HAWAI`I PLANNING DEPARTMENT RECOMMENDATION COLLEEN COCHRAN USE PERNHT APPLICATION (PL-USE-2022-000007) Upon review of the request against the guidelines for granting a Use Permit, the Planning Director recommends that this request to allow the operation of a 1-bedroom bed and breakfast establishment within an existing 2-bedroom dwelling situated on approximately 0.4029 acres of land within the Single-Family Residential-7,500 square feet (RS-7.5) zoning district be approved by the Windward Planning Commission. Since this recommendation is made without benefit of public testimony, the Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. The recommendation for approval is based on the following findings: The applicant is requesting a Use Permit to establish a 1-bedroom bed and breakfast operation within a single-family dwelling on the subject property. The 2-story dwelling consists of 2 bedrooms and 2 bathrooms, one of which will be utilized by the applicant who will also be the onsite caretaker. The bed and breakfast will provide overnight accommodation to a maximum of 2 guests for less than 30 days.Breakfast will be provided to registered guests only and no other meals will be provided. The applicant will be the onsite caretaker and will hire one employee to assist with routine cleaning. Guest check-in time will be between 3:00 pm and 8:00 pm, and check-out time will be at 11:00 am. The applicant's reason for the request is to provide overnight accommodation for visitors and to generate extra income for the property. The applicant mentions that the dwelling has become too big for her since some immediate family members have recently departed. In considering a Use Permit for any proposed use, Rule 7 of the Planning Commission relating to Use Permit, requires that such action conform to the following guidelines: 1 A. The granting of the proposed use shall be consistent with the general purpose of the zoning 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 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 proposed use meets the guidelines for approval of a Use Permit,for the reasons listed below: The granting of the proposed use shall be consistent with the general purpose of the zoning 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 polices 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 principal use of the property as a residence.The County Zoning Code, Section 25-4-7, provides standards for bed and breakfast operations. Based upon the applicant's representation, the proposed 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 establishments are becoming increasingly popular with visitors to the island,who seek a quieter, more authentic experience of local life. Bed and breakfast establishments provide an economic opportunity for residents of Hawai`i County, who can supplement their incomes by sharing their homes with visitors. On residential zoned lands, impacts from bed and breakfast operations can be properly addressed and mitigated through the approval of a Use Permit. 2 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 General Plan designation for this property is Medium Density Urban, which allows for village and neighborhood commercial and single family and multiple family residential and related functions (multiple family residential)—up to 35 units per acre. Goals within the Economic element of the General Plan state a project should provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments, and that those developments shall be in balance with the social, physical, and cultural environments of the island of Hawaii. Additionally, the project should strive for diversification of the economy by strengthening existing industries and attracting new endeavors. The property is in the vicinity of a number of residential properties and therefore this project aligns with the Land Use policy which encourages the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. The General Plan encourages the development of small-scale accommodations which enable visitors to take advantage of natural and cultural resources throughout the County versus large resorts that often focus on coastal or resort-type recreational activities. The proposed request will allow the applicant an opportunity to improve their quality of life, provide an economic environment which allows this new opportunity and increase the development of the visitor industry for Hawaii. Based on the preceding, the proposed request is consistent with the Land Use and Economic goals and policies of the General Plan. 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 immediate surrounding area consists of urban single- family residential use and a multi-family residential complex. The subject property is 3 improved with an existing single-family dwelling built in 1948. The remainder of the property consists of ornamental trees, fruit trees, edible plants, and a grass yard consistent with its immediate surrounding area. As the proposed bed and breakfast operation will be established within an existing single-family dwelling,the use will not alter the appearance or character of the neighborhood. According to the Hawaii County Zoning Code Section 25-4-5 1(a)(2), a bed and breakfast establishment must provide one parking stall for each guest bedroom, as well as one stall for the dwelling. The property has a concrete driveway that can accommodate 2 parking stalls that will be available to guests in addition to 2 existing carport stalls.The parking area of the subject dwelling meets the minimum Zoning Code requirements.Thus,it is not anticipated that the proposed use will have a detrimental impact on the community character or surrounding properties. 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. Traffic impacts on the subject property are not anticipated to be significant, given the small scale of the proposed one-bedroom bed and breakfast establishment. Most visitors are gone during the day and would not be traveling during peak traffic times. The County Police Department does not anticipate any significant impact on traffic and/or public safety concerns. The Department of Water Supply is currently servicing the existing single-family dwelling. The applicant currently pays a monthly fee to Department of Environmental Management —Wastewater Division (DEM), because there is an existing public sewer main line along Kukuau Street,however,the subject property is not connected to the sewer and is currently being serviced by an existing cesspool. The Planning Director recommends a condition of the permit to require the applicant to connect the existing dwelling to the public sewer, as recommended by DEM, or continue to pay the monthly fee, if approved by DEM. The applicant disposes of their own solid waste. Electrical and telephone services are available to the dwelling. Fire and police services are available half a mile northeast of the property. Therefore based on the above discussion,the granting of the request will not unreasonably burden public agencies to provide needed services and infrastructure. 4 In addition to the criteria for granting a Use Permit,the request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is not located within the Special Management Area and is approximately one mile from the nearest coastline. There is no record of a designated public access to the shoreline or mountain areas traversing the property. Due to the project site's distance from the shoreline,the property will not impact any recreational resources, scenic and open space or visual resources,coastal ecosystems and marine coastal resources. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights.In view of the Hawaii State Supreme Court's"PASH" and "Ka Pa`akai O Ka`Aina" decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site. Investigation of valued resources:No formal archaeological reconnaissance survey, oral history of kama`dina accounts of the area, historical survey of documentary records, or botanical study was included in the application because the property has been developed for residential use since 1948. The valued cultural, historical, and natural resources found in the area: According to the applicant, no archeological or historical features are known to exist on the subject property. The subject property has been previously cleared for the construction of an existing single-family dwelling and driveway. The remainder of the property is being used to grow ornamental plants, palm trees, fruit trees, and a grass yard. There are no known endangered or listed plant species on the property. According to the applicant, it is not known whether the subject property or immediate surrounding area has been used in the recent past for the gathering of plants by Native Hawaiians. Furthermore, the applicant has not observed any Native Hawaiians gathering plants or conducting any other customary and traditional practices on the site or the adjoining properties. No professional surveys were conducted of the flora/fauna resources on the property. According to the applicant, the likelihood of any rare or endangered species, 5 habitat or flora on the property is remote given the developed nature of the property and surrounding area. Possible adverse effect or impairment of valued resources: Native plants and/or endangered species are unlikely to be impacted by the proposed development due to the already impacted property as mentioned above. Feasible actions to protect native Hawaiian rights: No gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. 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 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 considered a violation that may result in enforcement action by the Planning Department and/or the affected agencies. Based on the preceding findings,it is recommended that the request for a Use Permit to allow the establishment of a one-bedroom bed and breakfast operation within an existing residence be approved by the Windward Planning Commission. Approval of this request is subject to the following conditions: 1. The applicant(s), its successor(s) or assign(s)("Applicant") shall be responsible for complying with all of the stated conditions of approval. 2. The operation of the bed and breakfast shall be conducted in a manner that is substantially representative of plans and details as contained within the Use Permit application received by the Planning Department and representations made to the 6 Windward Planning Commission. Any substantial expansion 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 County of Hawai`i Zoning Code, as amended,relating to bed and breakfast establishments. 4. The bed and breakfast operation shall be limited to the use of one bedroom. 5. The Applicant shall consult with Hawaii County Real Property Tax regarding potential modification of the subject property's tax rates and/or tax exemptions which may change as a result of establishing the bed and breakfast operation. 6. The Applicant shall connect its existing dwelling to the public sewer in accordance with Section 21-5 of the Hawaii County Code or as otherwise approved by the Department of Environmental Management—Wastewater Division. 7. The applicant shall comply with Hawaii Administrative Rules, Department of Health, Chapter 11-50 (Food Safety Code) related to food service for bed and breakfast establishments. 8. The Applicant shall comply with all applicable County, State and Federal laws, rules, regulations, and requirements. 9. Should any of the conditions not be met or substantially complied with in a timely fashion, the Director may initiate procedures to revoke this permit. 7