HomeMy WebLinkAboutPD RECOMMENDATION REPORT ROnakaHolman.SPRAK.4.10.24
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
HAILEY ONAKA HOLMAN
SPECIAL PERMIT APPLICATION NO. PL-SPP-2024-000067
Upon review of the request against the guidelines for granting a Special Permit, the
Planning Director recommends that the request to establish a four-bedroom bed and breakfast
establishment within an existing single-family dwelling on a 0.25-acre portion of an
approximately 9.75-acre parcel of land in 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. The approval
recommendation is based on the following findings:
The applicant, who resides on the property, is requesting a Special Permit to allow
a four (4)-bedroom bed and breakfast operation in an existing two-story, 3,984-square
foot, four (4)-bedroom single-family dwelling. The applicant proposes to secure a
building permit to convert an existing den into a fifth bedroom, to be occupied by the
applicant. The bed and breakfast will operate within the existing footprint of the single-
family dwelling, with the intention to provide accommodation for a maximum of eight
(8) adults. A minimum of six (6) unpaved parking stalls will be provided to
accommodate the proposed bed and breakfast operation. The applicant intends to be the
primary host and at times, her parents will work as the operators of the bed and breakfast.
The proposed use will commence immediately following the granting of the Special
Permit, subject to any building permit requirements, and does not anticipate construction
costs.
The applicant and other family members previously operated the dwelling as a
hosted vacation rental to supplement income on a more sustainable basis but would like
to have greater interaction with their guests and serve breakfast as a bed and breakfast.
The applicant's objective is to generate additional interest in cattle ranching and the
overall agricultural industry by occupants of the bed and breakfast.
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 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.
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 property is 9.75-acres in size,
of which the applicant proposes to use a 0.25-acre portion for the proposed use and is
situated within the County's Agricultural (A-5a) zoning district. There is an existing two
story, four-bedroom/three and a half-bathroom single-family dwelling. The remainder of
the property will continue to be used for cattle grazing.
The request is unusual in that the proposed uses are not strictly agricultural in
nature. However, the proposed bed and breakfast uses and activities will occur within an
existing structure and will not require any further clearing of the parcel,thus the proposed
use will not diminish the potential for agricultural activity on the property. Therefore, it is
reasonable that this use be allowed in the Agricultural district. In addition to the above
listed criteria, the Planning Commission shall also consider the following criteria listed
under Section 6-3(b)(5) (A)through (G) of its rules of practice and procedure:
(A) Such uses shall not be contrary to the objectives sought to be
accomplished by the Land Use Law and Regulations. 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.
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The soils on the property are classified by the Land Study Bureau's rating system
as class "C" or"Fair" soils for agricultural productivity and designated "Unclassified" on
the Agricultural Land of Importance to the State of Hawaii (ALISH) map. Based on the
preceding, the lands are not considered to have high agricultural potential. Furthermore,
as the proposed use will be conducted within the existing dwelling on 0.25 acres of a total
of 9.75, it will not displace any existing agricultural activity or diminish the agricultural
potential of the property. Therefore, the use will not adversely affect the preservation and
agricultural use of the County's agricultural lands of high agricultural potential and is not
contrary to the objectives sought to be accomplished by the State Land Use Law and
Regulations.
(B) The desired use would not adversely affect surrounding properties.
Lands surrounding the subject parcel are zoned Agricultural-1 acre (A-la),
Agricultural-5 acres (A-5a) and Agricultural-20 acres (A-20a), with uses consisting of
agriculture and farm dwellings. The subject property is bordered by dwellings toward the
north and the west, with the closest dwelling approximately 405 feet from the proposed
bed and breakfast structure to the north of the subject property. TMK 7-6-004:029,
approximately 713 feet northwest of the subject property, was approved for Special
Permit No. 1001,to establish a 4-bedroom bed and breakfast operation.
The proposed use will abide by the rules and regulations for bed and breakfast
operations as stated in Hawaii County Code Chapter 25. No traffic impacts are
anticipated due to the limited number of rooms for rent (4) and the applicant's limit on
the number of guests allowed at any one time (8). The applicant has proposed to schedule
guest check-in and check-out after the AM/PM peak hours, therefore the proposed
development is not anticipated to generate adverse traffic impacts on the local roadway
system.
As the proposed uses will occur within an existing dwelling and the applicant will
be managing the bed and breakfast on site, the proposed use should not generate
significant noise and thus not impact 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
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protection. The subject property is accessible via Duarte Road, a privately owned
approximately 9-foot-wide paved roadway over a 50-foot-wide access and utility
easement that bisects the subject property and connects to Mamalahoa Highway. The
portion of Mamalahoa Highway fronting the subject property's driveway entry is County
maintained and has a right-of-way width of 50 feet with an approximate pavement width
of 20 feet. To minimize conflicts with school and commuter traffic, the applicant intends
to schedule guest check-in and check-out after the AM/PM peak hours.
According to the Department of Water Supply (DWS), the subject property does
not have an existing water service, is considered out-of-bounds, and is at an elevation
where adequate pressure cannot be provided. DWS reports that one (1) unit of water can
be made available to the subject parcel to service just one (1) dwelling unit. DWS
recommends the applicant enter into an out of bounds agreement with DWS, remit the
payment of the necessary facilities charge as well as cost of the service lateral
installation, and install a 5/8-inch water meter, as well as provide schematic diagram by a
professional engineer licensed in the State of Hawaii and an off-site receiving tank.
The Fire Department did not provide comments on the proposed development;
however, the applicant will be required to implement any improvements required by the
Fire Department and the Department of Water Supply to ensure that fire protection
requirements can be met for the proposed bed and breakfast operation. A condition of
approval to address the preceding will be included.
According to the Department of Environmental Management (DEM), the subject
property is not served by the existing county sewer system; thus, the applicant shall
follow Department of Health (DOH) regulations for wastewater. The single-family
dwelling is serviced by a wastewater system as permitted by the DOH.
All essential utilities and services are available to the site, thus the proposed use
will not unreasonably burden public agencies to provide roads and streets, sewers, water,
drainage, school improvements, or police and fire protection.
(D) Unusual conditions, trends, and needs have arisen since district
boundaries and regulations were established. Since the State Land Use district
boundaries were established in the 1960's, demand has increased for alternative overnight
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accommodations for guests who seek a more peaceful, remote environment as an
alternative to resort venues. The proposed use would meet this demand by providing
visitors with an opportunity to have a more remote and peaceful stay on the island.
(E) The land upon which the proposed use is sought is unsuited for the
uses permitted within the district.
The land is suitable for agriculture and is currently being used for cattle grazing.
However, the proposed use will take place within an existing dwelling on a small portion
of the larger property. Based on the discussion above, the proposed use will not diminish
agricultural opportunities on the subject property and thus will not adversely impact the
agricultural potential of the land.
(F) The use will not substantially alter or change the essential character
of the land and the present use. The essential characteristic of the property and
surrounding area is agricultural. The proposed bed and breakfast establishment will
operate within the existing farm dwelling on the property and will not require any
construction to establish this use. Therefore, it is not anticipated that the proposed use
will substantially alter the essential character of the land and its present use.
(G) The request will not be contrary to the General Plan and Community
Development Plan (CDP) and Zoning Code. 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
project site is identified by the LUPAG map as Important Agricultural Lands (ial) which
refers to land that has better potential for sustained high agricultural yields because of the
soil type, climate,topography, or other factors.
As previously mentioned, the proposed request will not displace any active or
potential agricultural activity on the property. The proposed request is consistent with the
following goals and policies of the Land Use and Economic elements of General Plan:
Land Use Element
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■ Designate and allocate land areas in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of the County.
■ Encourage the development and maintenance of communities meeting the needs
of its 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.
■ Economic development and improvements shall be in balance with the physical,
social, and cultural environments of the island of Hawaii.
■ Provide an economic environment which allows new, expanded, or improved
economic opportunities that are compatible with the County's cultural, natural,
and social environment.
■ 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 proposed request will allow the applicant an opportunity to improve their
quality of life, provide an economic environment that allows this new, economic
opportunity, and increase the development of the visitor industry for Hawaii Island in a
manner that is compatible with the County's cultural, natural, and social environment.
The proposed use is consistent with the zoning code criteria for a "bed and
breakfast establishment' as the bed and breakfast will operate out of a single-family
dwelling, four (4) bedrooms will be rented out to eight (8) guests at any one time for
periods of less than 30 days, and only breakfast meals will be provided. The applicant
proposes to convert the existing den into a bedroom where the operator will reside, which
will require the applicant to secure a change of use building permit from the Department
of Public Works. A condition of approval will require the applicant to secure this and any
other applicable building permits prior to commencement of the proposed bed and
breakfast use.
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The proposed operation is located on land with the State Land Use designation of
Agricultural, which allows for the establishment of bed and breakfast operations via a
Special Permit. Accordingly, the proposed operation will not be contrary to Zoning Code.
The Kona Community Development Plan (KCDP) identifies the preferred land
use pattern for the Kona districts and supports the current strengths in agriculture and
tourism for the region. Although the KCDP does not provide guidance on Special Permit
applications, Section 4.8.2 identifies the importance of enhancing agricultural tourism. As
the bed and breakfast operation will host visitors within an existing dwelling, with the
goal of supporting an active avocado farm on the property, the request is consistent with
the goals and objectives of the KCDP.
Based on the preceding,the proposed use will not be contrary to the General Plan,
Community Development Plan, and the Zoning Code.
The request is not contrary to Chapter 205A, Hawaii Revised Statues,
relating to Coastal Zone Management. The property is not situated in the Special
Management Area as it is located approximately 1.63 miles away from the nearest
shoreline and will not be impacted by coastal hazards or affect beach erosion, coastal
ecosystems, and marine resources.
There is no record of a designated public access to the shoreline or mountain areas
that traverses 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.
The subject property has been cleared for construction of a dwelling, driveway,
and agricultural structures. The remainder of the property is used for cattle grazing. There
are no known endangered or listed plant species on the property.
No professional surveys were conducted of the flora/fauna resources on the
property. According to the applicants, due to the site's elevation, there is potential that
the Hawaiian Hawk(I`o) and Owl (Pu`eo) may frequent the general area, but there are no
signs that the parcel itself serves as a habitat for those birds.
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: According to the applicant,
there are no known traditional or customary Native Hawaiian cultural rights being
practiced within the subject property or any known cultural or historic resources existing
on the property. 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
building permits, the installation of approved wastewater disposal systems, compliance
with the Building Code and 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.
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Based on the above considerations, the proposed four-bedroom bed and breakfast
establishment is an unusual and reasonable use of land which would support 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, its successors, or assigns ("Applicant") shall be responsible for
complying with all stated conditions of approval.
2. The operation of the four-bedroom bed and breakfast establishment and related
improvements shall be conducted in a manner that is substantially representative
of plans and details contained within the Special Permit application dated
February 20, 2024 and representations made to the Leeward Planning
Commission. Any substantial expansion of the facility 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 Zoning
Code, Hawaii County Code Chapter 25, 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 0.25-acre permit area. At no time shall
the activities permitted under this Special Permit take place outside of the permit
area.
5. Prior to commencement of the proposed bed and breakfast use within the existing
dwelling, the Applicant shall secure and finalize all required building permits
from the Department of Public Works Building Division, including a change of
use building permit for the fifth bedroom.
6. The Applicant shall provide potable water to the bed and breakfast establishment
by securing one 5/8-inch water meter, which is limited to 400 gallons per day,
from the Department of Water Supply (DWS). Multiple dwellings shall not share
any DWS water meter, and the water system plumbing between the dwellings
shall not be interconnected in any way. Additionally, the Applicant shall enter
into and comply with all conditions of an out of bounds agreement with the
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Department of Water Supply to establish a water connection for one (1) unit of
water to the dwelling, as well as provide schematic diagram by a professional
engineer licensed in the State of Hawai`i and an off-site receiving tank.
7. The bed and breakfast operation shall be limited to the use of four(4)bedrooms.
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 upon the subject property.
10. Should any of these conditions not be met or substantially complied with in a
timely fashion, the Planning Director may initiate procedures to revoke this
Special Permit.
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