HomeMy WebLinkAboutPD Recommendation Report (PL-USE-2023-000009) RTraylorUSE.cm.6-16-23
COUNTY OF HAWAI`I PLANNING DEPARTMENT
RECOMMENDATION
LELAND TRAYLOR
USE PERMIT APPLICATION (PL-USE-2023-000009)
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 3-bedroom bed and breakfast
establishment within an existing 3-bedroom dwelling and 2-bedroom `ohana dwelling
situated on approximately 33,006 square feet of land within the Single-Family Residential-
20,000 square feet (RS-20) 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 3-bedroom bed and breakfast
operation within a single-family dwelling and an existing 2-bedroom `ohana dwelling on
the subject property. The main dwelling has 3 bedrooms and 3 bathrooms, of which one
will be used by guests of the bed and breakfast, and 2 will be used by the applicant who
will also be the onsite caretaker. The detached `ohana dwelling has 2 bedrooms and 2
bathrooms, which will be used entirely by guests. The bed and breakfast will provide
overnight accommodation for a maximum of 8 guests for less than 30 days. Breakfast will
be provided to registered guests only and no other meals will be provided. No exterior
signage for the bed and breakfast establishment is being proposed.
The applicant currently operates a hosted rental. However, in anticipation of the
proposed new regulations for hosted rentals,the applicant decided to apply for a Use Permit
to establish a permanent bed and breakfast operation.
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:
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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, 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 Hawaii 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.
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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 Low Density Urban, which allows for residential, with ancillary community
and public uses, and neighborhood and convenience-type commercial uses; overall
residential density may be up to 6 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 forest. The subject property is improved with an existing 2-story
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single-family dwelling built in 2018, and a new `ohana dwelling currently under
construction. The remainder of the property consists of ohia, olapa, mamaki, and koa trees,
hapu`u, palapalai, and uluhe ferns. It also contains several invasive species such as
strawberry guava, himalayan raspberry, and ginger. As the proposed bed and breakfast
operation will be established within an existing single-family dwelling and within an
`ohana 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 two driveways that can accommodate five off-street
parking stalls that will be available to guests. 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 3-bedroom bed
and breakfast establishment. The subject property has two access points, one driveway to
the single-family dwelling from Pearl Street and the other driveway from 12th Street to the
`ohana dwelling under construction. Both Pearl Street and 12th Street are privately owned
and maintained roadways. The County Police Department does not anticipate any
significant impact on traffic and/or public safety concerns. The property is not within the
service limits of the Department of Water Supply facilities and is currently being serviced
by an existing water catchment tank. There is no public sewer available in the area. The
single-family dwelling and `ohana dwelling are currently being serviced by one septic
individual wastewater system. The applicant utilizes a private waste disposal service for
their solid waste. Electrical,telephone,Police, and Fire services are available to the subject
property. The nearest Police station is approximately 20 miles northeast of the subject
property, and the nearest volunteer Fire station is 2 miles northwest.
Therefore based on the above discussion,the granting of the request will not unreasonably
burden public agencies to provide needed services and infrastructure.
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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 I I 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`aina 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 2018 and the proposed use will occur within existing structures.
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 impacted by ground-disturbing
activities associated with residential development. The remainder of the property consists
of ohia, olapa, mamaki, and koa trees, hapu`u, palapalai, and uluhe ferns. It also contains
several invasive species such as strawberry guava, himalayan raspberry, and ginger. There
are no known endangered species of plants or animals on the subject 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,
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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 use since activities will
primarily occur within existing dwellings.
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 3-bedroom bed and breakfast operation 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
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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 Hawaii Zoning Code, as amended,relating to bed and breakfast establishments.
4. The bed and breakfast operation shall be limited to the use of three (3)bedrooms.
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 comply with Hawaii Administrative Rules, Department of
Health, Chapter 11-50 (Food Safety Code) related to food service for bed and
breakfast establishments.
7. The Applicant shall comply with all applicable County, State and Federal laws,
rules, regulations, and requirements.
8. 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.
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