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HomeMy WebLinkAboutPD RECOMMENDATION REPORT (PL-SPP-2024-000064) RGoo de SPPAm end.crk.5.15.24 COUNTY OF HAWAII PLANNING COMMISSION RECOMMENDATION GARVIN & LAURA GOODE AMEND SPECIAL PERMIT NO. 13-000151 (PL-SPP-2024-000064) Upon review of the request against the guidelines for granting a Special Permit, the Planning Director recommends that the amendment request to expand the existing 3-bedroom bed and breakfast operation to a 5-bedroom bed and breakfast operation on a 2.323-acre property within the State Land Use Agricultural District 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 position based upon additional information presented at the public hearing. This approval recommendation is based on the following findings: The applicants have submitted a request to amend Special Permit No. 13-000151 to expand the existing 3-bedroom bed and breakfast operation to a 5-bedroom bed and breakfast operation with an 8-bedroom dwelling on a 2.323-acre property within the State Land Use Agricultural District. The applicants have lived in and operated a 3-bedroom bed and breakfast operation out of their dwelling for several years. However, after recently completing their new dwelling on an adjoining property,they elected to vacate their former residence,which took them off-site. Since they no longer lived in the bed and breakfast dwelling,they thought they could amend their permit to operate and manage a 7-room inn from their home,or if needed, have a live-in innkeeper. Thus, the applicants originally requested to amend their Special Permit to allow for the operation of a 7-room inn,however,this would require extensive and costly improvements to the structures,thus they decided on the current request to expand the existing 3-bedroom bed and breakfast to a 5-bedroom bed and breakfast operation and hire a live-in operator instead. It should be noted that the existing dwelling on the property has 5 permitted bedrooms,not the 8 bedrooms represented by the applicants. In 2015, a building permit to construct an addition to the main dwelling including a covered walkway leading to a 3-level addition with 3 `playrooms' (one on each story).A second building permit for alterations to the 3-level structure (adding full bathrooms, changing window sizes, and adding a closet) was finalized by the Department of Public Works. As part of this structural expansion, the applicants were required to upgrade their individual wastewater system to accommodate the 3 additional `bedroom-type'rooms,thus the applicants have been under the impression that these are bedrooms.As the Zoning Code requires an owner or bed and breakfast operator to reside on the building site on which the bed and breakfast establishment is situated, and as the operator must sleep in a permitted bedroom,it is not possible for the applicants to offer 5 rentable bedrooms until at least one of the `playrooms' is permitted as a bedroom. A condition of approval will address the preceding. The grounds for approving a Special Permit and amendments 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 proposed use is an unusual and reasonable use of land situated within the Agricultural District that would not be contrary to 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 2013, the original request to allow the establishment of a 3-bedroom bed and breakfast and a certified kitchen within an existing, 5-bedroom dwelling was reviewed and evaluated by the Planning Director and Planning Commission, who found that the use is unusual in that a bed and breakfast is not normally considered agricultural in nature. They also found it a reasonable use as it would be conducted entirely within an existing dwelling, and thus would not adversely affect the preservation and agricultural use of the County's prime agricultural lands. The requested amendment would increase the number of rentable bedrooms within the bed and breakfast to 5,which would similarly be conducted entirely within an existing 2 dwelling,thus the Director finds that proposed use continues to be an unusual and reasonable use of land that would not adversely affect the preservation and agricultural use of the County's prime agricultural lands. In addition to the above listed criteria,the Planning Commission shall also consider the criteria listed under Section 6-3(b)(5)(A) through (6). In considering the criteria, the Planning Director recommends the following: (A) The granting of this amendment request would promote the effectiveness and objectives of Chapter 205, Hawaii Revised Statutes, as amended. As evaluated above, the proposed amendment request is considered an unusual and reasonable use of agricultural land that will not adversely affect the preservation and agricultural use of the County's agricultural lands. (B) The desired use would not adversely affect surrounding properties. Surrounding land uses are generally rural and/or agricultural in nature, with a mix of dwellings and active farms.Properties directly adj acent to the subject property are zoned FA- 2a and owned by either the applicants or a family member, with most of the remaining parcels situated in the mauka of the highway zoned A-20a. Nearby parcels makai of the highway to the south and east of the subject property are zoned A-10a, A-la and RS-10. The nearest dwelling(not belonging to the applicants or a family member is located approximately 300 feet to the south,which is separated by large trees and a gulch. A review of Planning Department records found that there have been no complaints related to the existing bed and breakfast use over the last decade plus. Based on the preceding and considering that the proposed 5-bedroom bed and breakfast use will occur entirely within an existing dwelling, it is not anticipated to have an adverse effect on 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 proposed amendment will not burden public agencies to provide additional services. The requested use will not burden public agencies to provide additional services. Access to the property is from the Hawaii Belt Road(Highway 19), a State-owned and maintained road with a 22-foot pavement and paved shoulders within a 100-foot right- 3 of-way onto Kalaoa Camp Road, a privately owned and maintained roadway with 12-13- foot-wide pavement and 3-foot-wide graveled shoulders within a 30-foot wide right of way. Traffic in the area would not substantially increase as a result of the proposed amended use. According to the Department of Water Supply, the subject property is currently serviced by one existing,5/8"water meter,which provides one unit of water or an average of 400 gallons per day(gpd),however DWS indicates that current average daily usage is up to 540 gpd and that current water service cannot meet the required 2,000 gallons-per-minute fire flow standard for commercial use. Based on the preceding, DWS is requiring the applicants to submit estimated water usage calculations,prepared by a professional engineer licensed in the State of Hawaii, for review and approval. The water usage calculations should include the estimated peak-flow in gallons, per minute and the total estimated maximum daily water usage in gpd.Upon acceptance of the water usage calculations,DWS will determine the water commitment deposit due, prevailing facilities charge (subject to change)to be paid, and water system improvements necessary for water service. As DWS' comment letter was in response to the previously proposed 7-bedroom inn use,rather than the current, downsized 5-bedroom bed and breakfast request, the Director believes the requirement for water calculations is unnecessary as water use is not likely to increase appreciably based on the new use. Also, fire flow requirements that would have been required for the commercial inn use are not applicable to the expanded bed and breakfast use, which is accessory to the single-family dwelling use. Finally, while the applicants are using more than the average 400 gpd of water that one unit of water provides, they are less than the maximum 600 gpd standard required by DWS, thus the Director recommends a condition of approval requiring the applicants to cap their daily water usage to 600 gpd. Wastewater is disposed of into existing approved individual wastewater systems. The property is situated within an area designated as Flood Zone `X'; an area determined to be outside the 500-year flood plain. Electricity and telephones are available to the property and police and fire services are available in Hilo. Conditions of approval will require the applicants to comply with Zoning Code Requirements related to Bed and Breakfast 4 operations and to meet all other applicable County,State and Federal laws,rules,regulations, and requirements. (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. The property and surrounding areas are designated for agricultural use by both State and County land use laws. Through the issuance of a Special Permit, various "non- agricultural" services may be allowed, including a lodge. The demand for more accommodations has grown. (E) The land upon which the proposed use is sought is unsuited for the uses permitted within the district. Although the land is suited for agricultural uses as permitted within the district, the proposed request will be conducted entirely within an existing dwelling, and therefore will not diminish or foreclose agricultural opportunities. Additionally,most of the surrounding properties,also owned by the applicants,are currently being utilized for agricultural activities. (F) The use will not substantially alter or change the essential character of the land and the present use. The present use of the land has consisted of a 3-bedroom bed and breakfast operation for the last decade. The proposed expansion to 5 bedrooms will continue this use, albeit somewhat expanded, into the future with no new proposed land alteration or construction. As such, there will be no further changes to the character of the land and its 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 5 form for areas within the County. The property is located in an area identified as Low Density Urban and Important Agricultural Lands on the General Plan LUPAG Map. The upper two-thirds of the property where the proposed request is located within the area identified as Important Agricultural Lands. Important Agricultural Lands are those lands with better potential for sustained high agricultural yields because of soil type, climate, topography, or other factors. As the use will be conducted entirely within the existing dwelling and structures,the request will not be contrary to the LUPAG Map designation for this area. Additionally, the approval of the subject request would support the goals and policies of the Land Use and Economic elements of General Plan: Land Use ■ Encourage the development and maintenance ofcommunities meeting the needs ofits residents in balance with the physical and social environment. Economic Element ■ Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. ■ Strive for an economic climate which provides its residents an opportunity for choice of occupation. ■ Encourage the development of a visitor industry that is consistent with the social, physical and economic goals of the residents of the County. The property is situated within lands covered by Hdmdkua Community Development Plan (HCDP), which was adopted in 2018. The applicants' request is in alignment with several HCDP policies and actions: Land Use Policy No. 21: To preserve the agricultural character ofHamakua and to reinforce existingprotections, the CDP Land Use Guide Map designates agricultural lands in the Hamakua PlanningArea 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 6 similar themes. Kokua Action 74: Encourage appropriate visitor-related uses and facilities(such as Bed and Breakfasts). Based on the preceding,the proposed amendment will be consistent with the General Plan and HCDP. The proposed amendment is not contrary to the objectives sought to be accomplished by Chapter 205A, Hawaii Revised Statutes, relating to coastal zone management program. The property is located mauka of the Hawaii Belt Highway, outside of the Special Management Area(SMA)and tsunami evacuation zone. There is no designated public access to the mountain or shoreline areas over the property. Therefore,the proposed amendment 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. Due to the property's distance from the ocean, the property will not be affected by any coastal hazards or beach erosion. As such,the proposed amendment is not contrary to the objectives of Chapter 205A, Hawaii Revised Statutes. 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),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 to amend Special Permit No. 13-000151 to expand the existing 3-bedroom bed and breakfast operation to a 5- bedroom bed and breakfast operation be approved by the Windward Planning Commission. Approval of this request is subject to the following conditions,which have been updated to address new requirements and match current standard conditions of approval (material to be added is underscored; material to be deleted is bracketed and lined out): 1. The applicants,successors,or assigns("Applicant")shall be responsible for complying with all stated conditions of approval. 2. The bed and breakfast operation shall be conducted in a manner that is substantially representative of plans and details contained within the [Applieatieii Special Permit amendment request dated March 30, 2024, and [the] aM representations made before 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. The bed and breakfast operation shall be limited to the use of[tor-ee(3)bedr-eems,: 44i ] four (4) bedrooms until such time as the Applicant secures final building inspection from the Department of Public Works-Building Division for the conversion of at least one (1) of the currently permitted `playrooms' into a bedroom and provide written evidence to the Planning Department that the permit is finalized.Thereafter, the Applicant may advertise and offer the 5h bedroom for rent. [4] 5. The certified kitchen shall be operated for the sole benefit of the guests of the bed and breakfast operation and in direct support of agricultural uses on the property. [-5-] 6. Weddings, concerts, conventions and other types of special events and activities shall be prohibited. 7. The Applicant shall limit 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. [6-.] 8. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations,and requirements in connection with the aproved use. [-7-.] 9. Should any of these conditions not be met or substantially complied with in a timely fashion, the Director may initiate procedures to revoke this Special Permit. 8