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HomeMy WebLinkAboutPD Recommendation Report for LeeAnne & Evan Loney (PL-SPP-2023-045) RLoney SPP.cm.7-31-23 COUNTY OF IIAWAI`I PLANNING DEPARTMENT RECOMMENDATION LEEANNE AND EVAN LONEY SPECIAL PERMIT APPLICATION (PL-SPP-2023-000045) Upon review of the request against the guidelines for granting a Special Permit, the Planning Director recommends that this request to allow the operation of a 3-bedroom bed and breakfast establishment within an existing 4-bedroom dwelling situated on approximately 1.041 acres of land be approved by the Leeward 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 Special Permit to establish a 3-bedroom bed and breakfast operation within an existing single-family dwelling on the subject property. The dwelling has 4 bedrooms of which 3 will be used by guests of the bed and breakfast, and one will be used by the applicant who will also be the onsite caretaker. The bed and breakfast will provide overnight accommodation for a maximum of 6 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 to supplement their income and offset some of the cost to maintain and improve upon the site's extensive ornamental landscape. However,in anticipation of the proposed new regulations for hosted rentals,the applicant decided to apply for a Special Permit to establish a permanent bed and breakfast operation. 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. 1 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 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 proposed development of a bed and breakfast establishment on the existing residential property is unusual since it is not agricultural-related. However, the proposed use will occur within an existing dwelling and will not prevent the remainder of the property from being used for agricultural purposes. Further, the property does not have a high potential for agriculture and may better provide for the landowner through its use as a bed and breakfast. It is therefore determined that the proposed use is an unusual and reasonable use within the Agricultural District and will not be contrary to the objectives of 205A, HRS, as amended. 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). (A) Such use would 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. The properties immediately to the north, south, and west of the subject property are similarly zoned Agricultural-1 acre (A-la) and used for residential purposes. The property to the east is zoned Agricultural-5 acres (A-5a) and is mostly undeveloped. The operation of a bed and breakfast is considered an accessory to a single-family dwelling use, and as such, should not have any greater impact than the existing dwelling. The applicant intends to maintain the plant life on their agricultural site,which includes monstera, heliconia,bird 2 of paradise, plumeria, anthurium, philodendron, Hawaiian hibiscus, Hawaiian ti, ginger, fern, and Tahitian gardenia. The site also consists of various fruit-bearing plants such as coffee,papaya, banana, lemon, lime, lilikoi,pineapple, and orange. The applicant has been operating a hosted rental for some time and the Planning Department has no record of complaints or issues from its operation. The bed and breakfast establishment will be operated by the applicant and in their absence a live-in operator. 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. Finally, testimony from surrounding property owners raised the concern that the entire subdivision,including the applicant's property is subj ect to restrictive covenants that prohibit commercial uses.While the Planning Director does not want to promote a situation that encourages neighbors to initiate lawsuits, he believes that resolution of disagreements over restrictive covenants are a private matter that should be addressed separately from this Special Permit process. Based on 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. Access to the subject property is off Hiona Street, which is a County owned and maintained road with a 40-foot-wide pavement within a 60-foot-wide right-of-way, then off of Ihona Place which is a roadway owned by various owners. A bed and breakfast establishment must provide one parking stall for each guest bedroom and one stall for the dwelling. The property can accommodate a minimum of 4 off-street parking stalls that will be available to guests. Traffic impacts to the subject property are not anticipated to be significant, given the small scale of the proposed 3-bedroom bed and breakfast. There is no public sewer available in the area. According to the State Department of Health, the single-family dwelling is currently being serviced by 2 existing previously approved cesspools. 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 a maximum daily usage of 600 gallons. DWS notes that the subject property water usage over the past year has been approximately 370 gallons per day (gpd), which is 3 less than the allotted units of water. While DWS states no objection to the establishment of the proposed bed and breakfast operation, they request that the applicant reduce current water use and/or implement stringent water conservation methods. 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, and 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 to comply with food service notification and permit requirements, meeting with the approval of DOH. According to the Real Property Tax Office (RPT), a condition of approval will require the applicant 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 subject property. The nearest fire and police station is located in Kailua-Kona which is approximately 2.5 miles from the subject property. A condition of approval will be included requiring the applicant 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 4 established, demand has increased for accommodations for guests who seek an alternative 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 soil is classified as "E" or"Very Poor" for agricultural productivity by the Land Study Bureau's Overall Master Productivity Rating and designated as "Unclassified" by the Department of Agriculture's ALISH Map. As previously stated, the bed and breakfast use 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 essential character of the property will continue to be residential and agricultural because the use will occur within the existing dwelling. 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 Land (ial) and Urban Expansion (ue). The ial designation refers to land that has better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. The ue designation allows for a mix of high-density, medium-density, and low-density use, as well as industrial, industrial-commercial, and/or open designations in areas where new 5 settlements may be desirable, but where the specific settlement pattern and mix of uses have not yet been determined. The proposed use will occur 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. 6 The Kona Community Development Plan was originally adopted by the Hawaii County Council on September 25,2008, and most recently amended on September 18, 2019, and identifies the preferred land use pattern for the Kona districts. The subject property is bisected by the Kona Urban Area and outside of any Rural Town Areas. Because of its low impact to the surrounding community, the use of existing development without the need for additional construction, and the opportunity for landowners to supplement income all while providing transient housing for visitors, this project supports certain guiding principles and objectives of the KCDP. The following objectives that align with this proposed project are within the Land Use,Housing, and Environmental Resources sections of the development plan: • Provide recreational opportunities. • Protect Kona's natural resources and culture. As the proposed bed and breakfast operation will be located within an existing dwelling and established community, it will provide the applicant with supplemental income and offset some of the costs to maintain and improve upon the site's extensive ornamental landscape. 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 Special Management Area (SMA) is part of the Coastal Zone Management Program regulated by the County. The subject property is not proximate to the shoreline and will not be impacted by coastal hazards or affect beach erosion, coastal ecosystems, and marine resources. There is no designated public access to the mountain or shoreline areas over the property. The proposed use will not adversely impact any recreational resources,including access to and along the shoreline, scenic and open space nor visual 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 7 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 1989 and the proposed use will occur within an existing dwelling. 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 monstera, heliconia, bird of paradise, plumeria, anthurium, philodendron, Hawaiian hibiscus, Hawaiian ti, ginger, fern, and Tahitian gardenia. There are also various fruit bearing plants such as coffee,papaya, banana, lemon, lime, lilikoi,pineapple, and orange. 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. 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 the existing dwelling. 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 8 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 Special Permit to allow the establishment of a 3-bedroom bed and breakfast operation be approved by the Leeward 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 Special Permit application received by the Planning Department and 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 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. 9