HomeMy WebLinkAbout.PD RECOMMENDATION REPORT (PL-SPP-2024-000061) RKratel S PP.j a.2.16.24
COUNTY OF HAWAI`I PLANNING DEPARTMENT
RECOMMENDATION
AXEL KRATEL AND NHCHELLE KRATEL
SPECIAL PERNHT APPLICATION (PL-SPP-2024-000061)
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 dwelling and guest house on a 0.5-acre portion of
an approximately 13.618-acre parcel 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 applicants are requesting a Special Permit to establish a 4-bedroom bed and breakfast
operation within an existing 1,700-square foot, 3-bedroom dwelling and a 442-square foot,
1-bedroom guest house. The applicants reside in an existing,3,148 square-foot,4-bedroom
farm dwelling and will act as on-site operators of the bed and breakfast. The bed and
breakfast will provide overnight accommodation and breakfast for a maximum of 10
guests.The applicants have obtained approval for an Additional Farm Dwelling(AFD)and
propose to change the designations of the existing dwellings so that the applicants'
residence will be classified as the AFD while the primary farm dwelling will operate as the
bed and breakfast. Additionally, the applicants propose to construct a 500-square-foot
open-air pavilion near the bed and breakfast to be used by the applicants and guests.
According to the applicants, detached bedrooms on the property have historically
been available for farm workers. The applicants would like to operate a bed and breakfast
to generate supplemental income by offering rooms to short-term guests during times when
less farm labor is needed and to provide a way for guests to learn about biointensive,
regenerative farming practices, native plant conservation and forestry in Hawaii. The bed
and breakfast establishment will be operated by the applicants, 6 parking stalls will be
designated for guests and quiet hours will be from 9:00 PM to 8:00 AM.
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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.
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 important agricultural lands, the soils are
classified as both "D" or "Poor" and "E" or "Very Poor" by the Land Study Bureau's
Overall Master Productivity Rating and designated as both"Prime" and"Unclassified"by
the Department of Agriculture's ALISH Map.
As the proposed use will occur within the footprint of an existing dwelling and
guest house and the only new construction proposed is for a 500-square-foot open-air
pavilion, the agricultural potential of the subject property will not be diminished. The
applicants intend to continue operating an existing farm including agricultural uses such as
biointensive, regenerative farming practices, native plant conservation, Christmas tree
propagation, ornamental conifers, coffee & tea cultivation, carbon farming and timber
production. 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
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allow certain unusual and reasonable uses within the Agricultural district. The subject
property is 13.618 acres in size and situated within the County's Agricultural-10 acre (A-
10a) zoned district.
The applicant currently resides in the existing farm dwelling on the subject property
and as previously noted, the proposed bed and breakfast will operate within the footprint
of an existing dwelling and guest house, the only new construction proposed is for a 500-
square-foot open-air pavilion, and the applicants 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 surrounding the subject property are zoned Agricultural-10 acres (A-10a) and
Agricultural-20 acres (A-20a),with uses consisting of agriculture,single-family residential
dwellings, and vacant lands. The closest residence to the subject property is located
approximately 140 feet to the west. 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 applicants propose to establish daily quiet hours from 9:00
PM to 8:00 AM and note that existing vegetation will help to mitigate effects on
neighboring properties, including a large tree nursery as well as several acres of carbon
farming and timber forest.
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As of the date of this writing, the Planning Department has not received public
testimony regarding the proposal, however, County records show a complaint was
submitted regarding the subject property, alleging operation of a vacation rental in non-
agricultural buildings. Following an investigation, county inspectors resolved the
complaint and issued a closure letter to the applicants,with findings noting the presence of
several unpermitted structures,including the barn having been converted to an unpermitted
dwelling. At that time, the Planning Department recommended that the applicants apply
for all necessary permits for the existing structures.
A condition of approval will be included requiring the applicants to complete all
building permits for the structures to be used as the bed and breakfast prior to commencing
the proposed use, in addition to meeting all applicable County, State and Federal laws,
rules,regulations, and requirements.
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 Kaiwiki Road, a County-owned and
maintained roadway with 14-foot-wide pavement and a 50-foot-wide right-of-way. On-site
parking will be provided, and traffic will be limited to registered guests, therefore, the
applicant does not anticipate significantly adverse traffic impacts on the local roadway
system.
Since the subject property is not served by the existing county sewer system, the
project shall follow Department of Health (DOH) regulations for wastewater. The
applicants propose to continue use of an existing 1,500-gallon septic tank,currently serving
the primary farm dwelling, and a 1,250-gallon septic tank, currently serving the AFD and
guest house.
According to the DOH — Sanitation Branch, 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. Additionally, DOH notes that according to their
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sanitation code, a bed and breakfast establishment is defined as a single-family dwelling,
including a single guest house, 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 and 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.
The subject property is not connected to County water and there are two existing
10,000-gallon water catchment tanks for residential and agricultural needs. In addition,the
applicant notes that bed and breakfast guests will be provided with bottled water.
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
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
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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 Hawai`i.
(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
farm, including biointensive, regenerative farming practices, native plant conservation,
Christmas tree propagation, ornamental conifers, coffee & tea cultivation, carbon farming
and timber production. As previously noted, given that the bed and breakfast will operate
within the footprint of an existing dwelling and guest house and the only new construction
is for a 500-square-foot open-air pavilion, the proposed use 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 uses including small-scale
agriculture, dwellings, 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 farming and agricultural cultivation, 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
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)which refers
to land that has better potential for sustained high agricultural yields because of soil type,
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climate, topography, or other factors. As previously stated, the proposed use 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.
The proposed request will allow the applicants 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 applicants' request is in alignment with
several HCDP policies:
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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).
The proposed bed and breakfast 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,
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.
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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 applicants,no cultural or historical features are known to exist on the subj ect property
which has been previously impacted by ground-disturbing activities associated with
residential and agricultural development. Vegetation on the property consists of vegetable
and fruit crops,gunpowder trees,albizia trees,guinea grass,trumpet trees,cook pine,sugar
cane, golden pothos, ginger, koa, and introduced tree species such as Coast redwoods,
pines, cypress, China fir, Japanese redwood, Asian Giant Sequoia, alder and
podocarpaceae. In addition, animal species consist of bird species such as dove, Japanese
White-eye, house finch and myna as well as domestic animals such as cats, dogs, goats,
chickens and other animals such as rats and feral pigs. The applicants state it is possible
that the Hawaiian Hawk, Hawaiian Owl and Hawaiian Hoary Bat are present in the
surrounding area, however there are no known endangered species of plants or animals on
the subject 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 and guest house. The only new construction
proposed is for a 500-square-foot open-air pavilion, which the application states will be
located in a previously cleared area of the property.
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
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),
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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 Hawaii Zoning Code, as amended, relating to Bed and Breakfast
Establishments.
4. Prior to establishing the bed and breakfast use, the applicant shall provide a scale-
drawn site plan showing the location of the 0.5-acre permit area. At no time shall
the activities permitted under this Special Permit take place outside of the permit
area.
5. The applicant shall not commence the bed and breakfast operations in any structure
on the property until the building permit is completed for that structure by passing
final building inspection with the Department of Public Works Building Division.
6. The bed and breakfast operation shall be limited to the use of four (4)bedrooms.
7. All activities shall comply with the requirements of Hawaii County Code, Chapter
10, Erosion and Sedimentary Control.
8. Any construction within the County right-of-way shall comply with the
requirements of Hawaii County Code, Chapter 22, County Streets.
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9. 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.
10. 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.
11. 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.
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