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HomeMy WebLinkAboutPD Recommendation Report (PL-SPP-2023-000036) RHunziker-SPP 4-17-2023 COUNTY OF HAWAI`I PLANNING DEPARTMENT RECOMMENDATION JOAN HUNZIKER SPECIAL PERMIT APPLICATION NO. PL-SPP-2023-000036 Upon review of the request against the guidelines under Rule 6 of the Planning Commission Rules of Practice and Procedures for granting a Special Permit,the Planning Director is recommending that this request to allow a three-bedroom bed and breakfast establishment within an existing four-bedroom single-family dwelling 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 recommendation based upon additional information presented at the public hearing. This approved recommendation is based on the following findings: The applicant is requesting a Special Permit to allow a three-bedroom bed and breakfast establishment within the existing footprint of a permitted, 3,374 square-foot, four-bedroom single-family dwelling. Two of the guest bedrooms will be located within a semi-detached, 490 square-foot structure, and one guest bedroom will be located within a detached, 504 square-foot structure, accommodating a maximum total of six guests at any one time. According to the applicants, breakfast meals will be offered to guests, including fruit from on-site fruit trees. The applicant currently operates a two-bedroom, hosted, short-term vacation rental to help offset the cost of maintaining and improving the property's extensive landscaping. Based on the applicant's hosting experiences, hosted vacation rental guests do not expect interaction with the host, whereas guests who reserve a bed and breakfast are seeking a setting that includes on-site breakfast and interaction with the host.Therefore,the proposed three-bedroom bed and breakfast will allow the applicant more opportunity to interact with and enjoy the company of guests in a setting not afforded by the current operation. The applicant will continue to reside on site and operate the bed and breakfast. If the applicant is absent, a designated representative will live on site and assume the same responsibilities. Off-street parking is available as the applicant has designated three paved -I- parking stalls and one garage parking space for guests of the bed and breakfast operation. The applicant intends to begin operating the bed and breakfast upon approval of the Special Permit and does not anticipate construction costs associated with the project. The criteria 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, Hawai`i Revised Statutes, as amended. The granting of this request would promote the effectiveness and objectives of Chapter 205, Hawaii Revised Statutes, 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 Hawaii. In the case of the Agricultural District, the intent is to preserve or keep lands of high agricultural potential in agricultural use. Although the County designates the property as important agricultural land, the soils are classified as a combination of "C" or Fair and "E" or "Very Poor" by the Land Study Bureau's Overall Master Productivity Rating and designated as "Unclassified" by the Department of Agriculture's ALISH Map. Further, as the proposed use will occur within the footprint of the existing single- family dwelling, the agricultural potential of the subject property will not be diminished. Currently, fruit trees such as mango, papaya, avocado, lemon, lime, star fruit and orange comprise the agricultural uses on the subject property and those uses will continue. Therefore, the proposed use will not adversely affect the preservation and agricultural use of prime agricultural lands and is not contrary to the objectives sought to be accomplished by the State Land Use Law and Regulations. The proposed use is an unusual and reasonable use of land situated within the State Land Use Agricultural District. 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 -2- 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 1.001 acres in size and situated within the County's Agricultural-1 acre (A-la) zoned district. The applicant currently resides in the existing single-family dwelling on the subject property and the proposed three-bedroom bed and breakfast will operate within the existing dwelling's footprint. As previously noted,the applicant will maintain agricultural uses on the property,including existing fruit tree cultivation. Given the above,the proposed bed and breakfast will not diminish the potential for any future agricultural activity on the subject property. Based on the preceding,the subject request is considered an unusual and reasonable use of the agricultural land. In addition to the above listed criteria,the Planning Commission shall also consider the criteria listed under Section 6-3(b)(5) (A) through (G). In considering the criteria, the Planning Director recommends the following: (A) Such use shall not be contrary to the objectives sought to be accomplished by the Land Use Law and Regulations. The subject request is considered an unusual and reasonable use of the agricultural land and the proposed use will not adversely affect the preservation and agricultural use of the County's prime agricultural lands. (B) The desired use shall not adversely affect the surrounding properties. Adjacent properties to the north of the subject property are zoned Agricultural 5-acres (A-5a) and are used for agricultural and residential purposes. All other surrounding properties are zoned Agricultural 1-acre (A-la) and consist primarily of residential uses and undeveloped land. Bed and breakfast operations are by definition accessory to a single- family dwelling use and thus should not have any more impact than that of the existing dwelling. Furthermore, the applicant has been operating a hosted vacation rental for some time and the Planning Department has no record of complaints or issues from its operation nor has the Department received any opposition testimony from the public at the time of this writing. There will be no employees other than the applicant, or their designated representative in their absence, associated with the bed and breakfast operation. Based on -3- the preceding it is not anticipated that the proposed use will adversely affect the 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 applicants anticipate that traffic to be generated by the proposed three- bedroom bed and breakfast facility would be minimal. Access to the site is from Nani Kailua Road which is a shared privately-owned 50-foot-wide road and utility easement with a 20-foot-wide pavement and full shoulder improvements. Makai of Hienaloli Road, Nani Kailua Road continues as a County road with a 20-foot wide pavement within a 50- foot wide right-of-way. There is no municipal sewer system in the subdivision. The applicant currently utilizes an existing,permitted septic system.According to the Department of Water Supply (DWS),the subject parcel is currently served by an existing 5/8-inch meter which is allotted one unit of water, equivalent to an average daily usage of 400 gallons per day (gpd) and a maximum daily usage of 600 gpd. DWS notes that water usage over the past year is approximately 1,300 gpd,which is equivalent to four units of water. While DWS states no objection to the establishment of the proposed bed and breakfast operation,the applicant is requested to reduce current water use and/or implement stringent water conservation methods to permanently reduce water use to a maximum of one unit of water with a maximum usage of 600 gpd. In response to DWS, the applicant states that the higher water use is likely due to irrigation needs for landscaping and fruit trees on the property, and that a leak in the irrigation system may be at fault. As such, the applicant proposes to hire an engineer to review the property's water usage with the objective of developing and implementing recommendations to reduce potable water consumption. The Director recommends including a condition to address the preceding. According to the Department of Health(DOH),if the bed and breakfast offers non- hazardous breakfast foods such as commercial cereal, certain pastries, breads, fruits, coffee, tea, or juice, then a food establishment permit is not required, however the limited menu must be documented with DOH. A condition of approval will require the applicants -4- to comply with food service notification and permit requirements, meeting with the approval of DOH. According to the Real Property Tax Office(RPT),while the subject parcel does not currently have a homeowner exemption, if the special permit is approved and verifiable STVR activity is confirmed through online booking sites or guest reviews,the parcel/owner will not be eligible for the homeowner classification,though there is a possibility of partial qualification if the homeowner lives on site. In response, the applicant has stated they understand and agree with the comments from RPT. A condition of approval will require the applicants to consult with RPT regarding potential modification of their tax classification. The property is situated within an area designated as Flood Zone X on the Flood Insurance Rate Map (FIRM) by FEMA, an area of minimal flood hazard located outside the 500-year flood plain. Electrical and telephone services are available to the property. Fire and medical services are available from the Kailua Fire Station and police services are available in Kailua-Kona. A condition of approval will be included requiring the applicants to meet all applicable County, State and Federal laws, rules, regulations, and requirements. Based on the preceding, the requested use will not burden public agencies to provide additional services. (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. Although the property and surrounding areas are designated for agricultural uses by both State and County land use laws, through the issuance of a Special Permit, various "non-agricultural" services and uses may be allowed. Since the district boundaries were established, demand has increased for accommodations for guests who seek an alternative -5- to resort venues. The proposed use would meet this demand by providing visitors an opportunity to experience a small-scale bed and breakfast that emphasizes a connection to agriculture by serving fruit grown on-site for the breakfast element of the establishment. (E) The land upon which the proposed use is sought is unsuited for the uses permitted within the district. The property's soils are classified as a combination of"C" or Fair and "E" or"Very Poor" by the Land Study Bureau's Overall Master Productivity Rating and designated as "Unclassified"by the Department of Agriculture's ALISH Map. The USDA Soil Survey Type for the subject property is Honuaulu hydrous silt loam,with 2 to 10 percent slopes. As previously stated, the bed and breakfast will take place entirely within the existing single-family dwelling and thus will not have an impact on the agricultural use of the remaining land. (F) The proposed use will not substantially alter or change the essential character of the land and the present use. The character of the surrounding lands is predominantly residential/agricultural in nature, with present uses including small-scale agriculture, dwellings and undeveloped land. The number of bed and breakfast guests will be limited to a maximum of 6 at any one time and on-site parking will be provided, therefore,the applicant does not anticipate significantly adverse traffic impacts on the local roadway system. Based on the preceding, the proposed request will not substantially 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. 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 subject property is designated as Important Agricultural Lands by the General Plan, which are those lands with better potential for sustained high agricultural yields -6- because of soil type, climate, topography, or other factors. As mentioned previously, the proposed use occurs entirely within an existing dwelling and will not diminish agricultural use of the subject property, including existing fruit trees and ornamental plants. The approval of the subject request would support the goals and policies of the Land Use and Economic elements of General Plan. 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. • The County shall encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environment. Economic Element • Economic development and improvements shall be in balance with the physical and social environments of the island of Hawaii. • The County shall provide an economic environment which allows new, expanded, or improved economic opportunities that are compatible with the County's natural and social environment. • The County shall strive for diversification of its economy by strengthening existing industries and attracting new endeavors. • The County of Hawaii shall encourage the development of a visitor industry that is in harmony 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 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 Kona Community Development Plan (KCDP), originally adopted by the Hawai`i County Council on September 25,2008 and most recently amended on September -7- 18, 2019, identifies the preferred land use pattern for the Kona districts. The subject property is located just outside of the Kona Urban Area and is not within any Rural Town Areas. The KCDP does not provide guidance on Special Permit applications. As the bed and breakfast operation will be located within an existing dwelling, it will provide the applicants with supplemental income and incorporate existing agricultural uses. Given the preceding, the request is consistent with the goals and objectives of the KCDP. The proposed use is not contrary to the objectives sought to be accomplished by Chapter 205A, Hawaii Revised Statutes, relating to coastal zone management program. The subject property is located approximately 1.8 miles from the nearest shoreline, is not within the Special Management Area and will not be impacted by coastal hazard and beach erosion. 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. Therefore, the proposed use is not contrary to the objectives of Chapter 205A, Hawaii Revised Statutes. 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. The valued cultural, historical, and natural resources found in the special permit area: 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. -8- The subject property has been cleared for construction of a dwelling, pool, driveway, and related accessory structures. The remainder of the property is being used to grow ornamental plants, palm trees, and fruit trees. There are no known endangered or listed plant species on the property. According to the applicants, 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 applicants have 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 applicants, the likelihood of any rare or endangered species, 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- As stated by the applicant, 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 recommendation is made with the understanding that the applicants remain responsible for complying with all other applicable governmental requirements in connection with the proposed use, prior to its commencement or establishment upon the subject properties. Additional governmental requirements may include the issuance of building permit, 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. -9- Based on the above considerations, the proposed three-bedroom bed and breakfast establishment is an unusual and reasonable use of land which would not be contrary to 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,their successor(s), or assign(s) ("Applicant") shall be responsible for complying with all stated conditions of approval. 2. The operation of the three-bedroom bed and breakfast shall be conducted in a manner that is substantially representative of plans and details contained within the Special Permit Application received by the Planning Department and any representations made to the Leeward 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 applicable requirements of Section 25-4-7 of the 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 implement water conservation methods to permanently reduce water use to a maximum of one unit of water with a maximum usage of 600 gallons per day, meeting with the requirements of the Department of Water Supply. 7. The Applicant shall not dispose of solid waste at County transfer stations. 8. The Applicant shall comply with food service operations notification and permit requirements in the State Department of Health's Administrative Rules, Title 11, Chapter 50, Food Safety Code, as it pertains to bed and breakfast operations. 9. The Applicant shall comply with all applicable County, State and Federal laws, rules, regulations, and requirements in connection with the approved use, prior to its commencement or establishment upon the subject properties. -10- 10. Should any of these conditions not be met or substantially complied with in a timely manner, the Director may initiate procedures to revoke this Special Permit. -11-