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HomeMy WebLinkAboutPD RECOMMENDATION REPORT (PL-SPP-2023-000055)RStraushn SPP. j a.11.10.23 COUNTY OF HAWAI`I PLANNING DEPARTMENT RECOMMENDATION SUSAN STRAUSLIN SPECIAL PERNUT APPLICATION (PL-SPP-2023-000055) Upon review of the request against the guidelines for granting a Special Permit, the Planning Director recommends that this request to allow the establishment of a 4-bedroom bed and breakfast establishment within an existing 5-bedroom dwelling on approximately 9.63 acres of land 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 Special Permit to establish a 4-bedroom bed and breakfast operation within an existing 7,270 square -foot, 5-bedroom single-family dwelling. The remaining fifth bedroom will be used by the applicant who will also be the onsite caretaker. The bed and breakfast will provide overnight accommodation for stays of less than 30 days and optional breakfast for a maximum of 8 guests. No exterior signage is being proposed for the bed and breakfast establishment. Please note the applicant originally applied for a 5-bedroom bed and breakfast operation but the dwelling is currently permitted by the Building Division as a 5-bedroom dwelling, and the Zoning Code requires an onsite operator for bed and breakfast establishments. In order to permit the dwelling as a 6- bedroom dwelling, the Department of Health would require upgrade of the existing wastewater system which would be costly. Based on this information, the applicant has requested to downsize the original request and is applying to establish a 5-bedroom bed and breakfast operation. The applicant would like to operate a hosted bed and breakfast to supplement their retirement income and to provide a way for guests to learn about small farm agriculture in Hawaii. The bed and breakfast establishment will be operated by the applicant and 2 groundskeepers, 5 parking stalls will be designated for guests and hours of operation will be from 8:00 AM to 6:00 PM daily. 1 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, 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. In this case, the County designates the property as a combination of important agricultural land and low density urban, the soils are classified as "C" or Fair by the Land Study Bureau's Overall Master Productivity Rating and designated as "Prime" by the Department of Agriculture's ALISH Map. 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. The applicant intends to continue operating an existing small-scale farm including agricultural uses such as tree and native plant cultivation and livestock grazing. 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 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 2 property is 9.63 acres in size and situated within the County's Agricultural-20 acre (A-20a) zoned district. The applicant currently resides in the existing single-family dwelling on the subject property, the proposed 4-bedroom bed and breakfast will operate within the existing dwelling's footprint and as previously noted, the applicant will maintain agricultural uses on the property. 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 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. Properties situated immediately to the north, south, and west are zoned Agricultural (A- 20a, A-3a, and A-5a). The properties to the east are zoned Single -Family Residential- 15,000 square feet (RS-15). The surrounding properties consists of vacant lands, single- family residential dwellings, and a church. The closest residence to the subject dwelling is located approximately 160 feet to the south. 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. 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 from Woa Road, a privately owned easement 3 for which the applicant has a legal right to access. On -site parking will be provided, and check -in and check-out times will be outside of peak commuting hours, therefore, the applicant does not anticipate significantly adverse traffic impacts on the local roadway system. The single-family dwelling is currently being serviced by an existing cesspool, approved with the original building permit. According to the Department of Health (DOH), a wastewater upgrade would be required if the total flow exceeds 1,000 gallons per day, based on an average of 200 gallons per day for each bedroom. The dwelling is currently permitted with five bedrooms and the applicant does not intend to add a sixth bedroom since that would also require a wastewater upgrade beyond the capacity of an individual wastewater system. As such, a condition of approval will be included noting that the maximum number of guest rooms shall be four, as the fifth bedroom is occupied by the applicant. The existing dwelling is connected to County water and the Department of Water Supply (DWS) notes that water usage over the past year is approximately 990 gallons per day (gpd), which exceeds the allotted amount for one unit 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 the water needs of farm animals on the property since there has been a drought and the property does not yet have a functioning catchment tank. Additionally, the ongoing construction and remodel of the dwelling has demanded extra water usage. The applicant notes that they are in the process of installing a 20,000-gallon catchment tank to use for the water needs of farm animals, which they believe, in addition to completing construction, should reduce the use of county water. A condition of approval will be included to address the preceding. According to the Department of Health (DOH), if the bed and breakfast offers a limited breakfast menu, documented with DOH, then a food establishment permit is not required. A condition of approval will require the applicants to comply with food service 11 notification and permit requirements, meeting with the approval of DOH. Additionally, DOH notes that according to their sanitation code, a bed and breakfast establishment is defined as a single-family dwelling in which overnight accommodation and breakfast is included, and the number of guests does not exceed 6. If the applicant exceeds these parameters, DOH rules state that the applicant will need to obtain a food establishment permit, which may include the construction of a separate commercial kitchen. By contrast, Hawaii County Zoning Code states that a bed and breakfast may accommodate up to 10 guests. The Planning Director believes that the subject property's existing agricultural uses will be supported by a thriving bed and breakfast establishment. However, conditions of approval will be included stating that the applicant will be responsible for complying with DOH regulations. While the applicant's request was initially to establish a 5-bedroom bed and breakfast, county building permit records indicate that the dwelling has a total of 5 permitted bedrooms. As such, the Planning Director recommends that the bed and breakfast shall be limited to 4 guest bedrooms, with the remaining bedroom used by the applicant who will also serve as the onsite caretaker. A building permit for the dwelling was completed on September 26, 2023, however, there are several other open building permits, including for an alteration to the dwelling to add the fifth bedroom in the basement level. A condition of approval will be included requiring the applicant to complete all building permits for the dwelling prior to commencing the bed and breakfast use, in addition to meeting all applicable County, State and Federal laws, rules, regulations, and requirements. 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, telephone and emergency services are available to the subject property. 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 R 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 to resort venues. The proposed use would meet this demand by providing visitors an opportunity to experience a bed and breakfast that emphasizes a connection to agriculture and provides a way for guests to learn about small farm agriculture in Hawaii. (E) The land upon which the proposed use is sought is unsuited for the uses permitted within the district. The property is currently being used for agriculture as a small-scale farm, including fruit tree and native plant cultivation and livestock grazing. As previously stated, the bed and breakfast will take place entirely within the existing single- family dwelling and thus will not reduce the land available for agricultural use. (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, a church and undeveloped land. On -site parking will be provided, and the applicant does not anticipate significantly adverse traffic impacts on the local roadway system. Present use of the property includes fruit tree and native plant cultivation and livestock grazing, which will be further maintained by the proposed bed and breakfast use, as described in the application. 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 on 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 approximately 80% Important Agricultural Land (ial) and 20% Low Density Urban (ldu). The ial designation refers to land that has better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors while ldu refers to land that is residential, with ancillary community and public uses, and neighborhood and convenience -type commercial uses; overall residential density may be up to six units per acre. As previously stated, the proposed use will occur entirely within an existing dwelling and will not diminish present agricultural use of the subject property. The approval of the subject request would support the goals and policies of the Land Use and Economic elements of the 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. 7 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 Hamakua Community Development Plan (HCDP), originally adopted by the Hawaii County Council as Ordinance 2018-078 in August 2018, does not have policies that prohibit Special Permits of this type. The applicant's request is in alignment with several HCDP policies: Land Use Policy No. 21: To preserve the agricultural character of Hamakua and to reinforce existing protections, the CDP Land Use Guide Map designates agricultural lands in the Hamakua Planning Area to be preserved for agriculture and open space. Development and construction in the Agricultural designation shall be limited to agriculture, related economic infrastructure and cottage industries, renewable energy, open area recreational uses, and community facilities, unless otherwise permitted by law. County Action Policy 124: Encourage the development of small "bed and breakfast" type visitor accommodations, in particular those with heritage, agriculture, wellness, or similar themes. Kokua Action 74: Encourage appropriate visitor -related uses and facilities (such as Bed and Breakfasts). As the bed and breakfast operation will be located within an existing dwelling, it will provide the applicants with supplemental income and support existing agricultural uses. Given the preceding, the request is consistent with the goals and objectives of the HCDP. 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, E and marine resources. There is no designated public access to the mountain or shoreline areas over the property and 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 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 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. Vegetation on the property consists of mountain apple, citrus, starfruit, mango, avocado, coconut, papaya, pineapple and native plants. There are no known endangered species of plants or animals on the subject property. 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. 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- To the extent 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 applicant remains responsible for complying with all other applicable governmental requirements in W 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 Special Permit to allow the establishment of a 4-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 Special Permit application received by the Planning Department and representations made to the 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. Prior to establishing the bed and breakfast use, the Applicant shall complete all open building permits for the existing dwelling by securing final building inspection by the Department of Public Works Building Division. 5. The bed and breakfast operation shall be limited to the use of four (4) bedrooms. 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. 10 7. 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. 8. 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. 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 Special Permit. 11