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HomeMy WebLinkAboutPD Recommendation (PL-SPP-2026-000132) -1- R_Herbert_SPP_2026 COUNTY OF HAWAI‘I PLANNING DEPARTMENT RECOMMENDATION RYAN AND LEAH HERBERT SPECIAL PERMIT APPLICATION (PL-SPP-2026-000132) Upon review of the request against the guidelines for granting a Special Permit, the Planning Director recommends this request to establish a 3-bedroom bed and breakfast establishment be approved by the Planning Commission. Since this recommendation is made without the benefit of public testimony, the Planning Director reserves the right to modify and/or alter this recommendation based upon additional information presented at the public hearing. This approval recommendation is based on the following findings: The applicant requests approval of a Special Permit to operate an owner- occupied bed and breakfast within an existing 1,380-square-foot, three-bedroom, two-bathroom additional farm dwelling located on a 1.03-acre parcel in the State Agricultural Land Use District. The subject property is currently developed with a primary farm dwelling, an existing permitted additional farm dwelling, and a small accessory storage structure. The proposed bed and breakfast would operate exclusively within the additional farm dwelling, however, the AFD will be required to be redesignated as the first farm dwelling (FFD) prior to the commencement of operations; once redesignated, the primary residence would now be considered the AFD and the rental dwelling as the FFD. No new construction, grading, land disturbance, or expansion of existing structures is proposed. The proposed bed and breakfast would provide a maximum of three (3) guest rooms accommodating no more than six (6) overnight guests at any one time. The operation would be owner-managed with no employees proposed. Guest check-in and check-out would occur during daytime hours, and quiet hours would be maintained between 9:00 p.m. and 7:00 a.m. Breakfast service would be limited to pre-packaged items, fruit, and coffee for registered guests only, and no restaurant, events, parties, or commercial gatherings are proposed. The proposal -2- includes three on-site parking stalls for the bed and breakfast and at least 2 on- site parking stalls for the main dwelling, both of which utilize existing driveway access. The applicant states that the existing County water service, wastewater disposal system, and other site infrastructure are adequate to serve the proposed use and that no improvements to existing utilities or access are proposed. 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, Hawai‘i 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 proposal would utilize existing structures and infrastructure and does not involve new construction, grading, or land disturbance. Bed and breakfast establishments are not a principal permitted use within the Agricultural District and therefore require approval through the Special Permit process. The proposed operation is limited to three (3) guest rooms accommodating a maximum of six (6) overnight guests and is intended to function as low-intensity visitor accommodation. The requested use represents an atypical use within the Agricultural District; however, the Special Permit process established under Chapter 205, HRS, provides a mechanism for consideration of such uses when they are determined to be reasonable and not contrary to the objectives of 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 objectives of Chapter 205, Hawaiʻi Revised Statutes, include conserving and protecting agricultural lands while providing a mechanism through the Special Permit process -3- to allow certain unusual and reasonable uses that are compatible with the Agricultural District. Land Use District is located within the State Agricultural Land Use District, is underlain by Kana soils, and is classified as Land Study Bureau Class C, indicating lands with good agricultural capability. Existing agricultural activities include the cultivation and maintenance of coffee, citrus, avocado, pomegranate, pineapple, and other fruit-bearing trees and garden plantings. As proposed, the request would not remove additional agricultural land from production. 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 proposed use would not adversely affect surrounding properties. The subject property and the adjacent parcels are located within the A-1a zoning district and are developed predominantly with farm dwellings on similarly sized agricultural lots. The neighborhood is characterized by rural residential development with limited agricultural activities. The applicant proposes to operate a small-scale, owner-managed bed and breakfast within an existing permitted additional farm dwelling that will be required to be redesignated as the first farm dwelling (FFD). The second existing dwelling will also be redesignated as the additional farm dwelling (AFD) which will house the applicants (hosts). Additionally, there is no new construction, grading, or expansion of existing structures proposed at this time. The proposed operation is limited to three guest rooms accommodating a maximum of six overnight guests, with three on-site parking stalls, daytime guest check-in and check-out, and quiet hours between 9:00 p.m. and 7:00 a.m. The applicant also proposes that breakfast service be limited to registered guests, no employees, and no events, parties, or commercial gatherings. As proposed, the operation is intended to comply with the applicable operational requirements for bed and breakfast establishments contained in Hawaiʻi County Code Chapter 25 and is of a scale that is generally compatible with the surrounding agricultural and residential uses. -4- No traffic impacts are anticipated due to the limited number of rooms for rent (3) and the applicant’s limit on the number of guests allowed at any one time (6). As such, the proposed use should not generate significant noise and traffic impacts 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 bed and breakfast would utilize existing development, infrastructure, and public services. Access to the property is provided by an existing driveway from Nani Kailua Drive, and no roadway or drainage improvements are proposed. Potable water is provided by the existing County Department of Water Supply (DWS) connection. DWS reviewed the application and noted that the existing 5/8-inch water meter is designed to serve one single-family dwelling with an average daily usage of 400 gallons per day (gpd); however, average water consumption at the property over the previous two years was approximately 454 gpd. DWS recommends implementation of water conservation measures and advised that continued water usage exceeding the meter's rated capacity may require installation of a flow-reducing device or an upgraded water meter and backflow prevention assembly. The above will be added as a condition of approval. Wastewater disposal is provided by existing cesspools. The Office of Planning and Sustainable Development (OPSD) noted that the property contains two cesspools and is located within a Priority 1 area under the Hawaiʻi Cesspool Prioritization Tool. OPSD recommends that the applicant ensure the existing wastewater system has adequate capacity to accommodate the proposed use and consult with the appropriate state and county agencies regarding future cesspool- to-septic conversion. No improvements to schools, roads, drainage facilities, or other public infrastructure are proposed, and the applicant states that the proposed use will not place an additional burden on emergency services. Based on the information provided and the comments received from reviewing agencies, the proposed use is not anticipated to unreasonably burden public facilities or services, -5- provided the applicant complies with the recommendations and requirements of the appropriate reviewing agencies. Based on the preceding and given that essential utilities and services are available to the site, 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 establishment of the Agricultural District and its implementing regulations, there has been increasing recognition of the need to support diversified agricultural operations and compatible secondary uses that contribute to the economic viability of agricultural properties. 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 with an opportunity to experience a small-scale bed and breakfast that emphasizes a connection to agriculture by serving produce 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 subject property is currently being used for the cultivation and maintenance of coffee, citrus, avocado, pomegranate, pineapple, and other fruit-bearing trees and garden plantings, and will continue to do so. Based on the available information, the subject property does not appear to be unsuited for the agricultural and other uses permitted within the district. The applicant will utilize an existing permitted farm dwelling for a bed and breakfast operation without expanding the existing development footprint or removing agricultural land from production. -6- (F) The use will not substantially alter or change the essential character of the land and the present use. The proposed bed and breakfast would be operated entirely within an existing permitted additional farm dwelling once it has been redesignated as the first farm dwelling (FFD) and the current FFD is redesignated as the AFD which is included as a condition of this approval. Thus, the subject property and surrounding area would remain predominantly rural residential in character. As proposed, the request would not substantially alter or change the essential character of the land or its existing residential and agricultural 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) component of the 2005 Hawaiʻi County General Plan provides a graphic representation of the County's long-range growth and development policies and establishes the general urban and non-urban land use pattern throughout the County. The subject property is designated Urban Expansion (UE) under the LUPAG. The Urban Expansion designation identifies lands intended to accommodate the orderly future expansion of existing urban areas while ensuring that development occurs in a coordinated manner and is consistent with the goals and policies of the General Plan, applicable Community Development Plans, and the availability of public infrastructure and services. Although the property is designated Urban Expansion under the General Plan, it remains within the State Land Use Agricultural District and is subject to the applicable provisions of Chapter 205, Hawaiʻi Revised Statutes, and Chapter 25 of the Hawaiʻi County Code. The proposed request is consistent with the following goals and policies of the 2005 Hawaiʻi County General Plan: Land Use Element • Designate and allocate land areas in appropriate proportions and mix, while recognizing the social, cultural, and physical environments of the County. -7- • Encourage the development and maintenance of communities that meet the needs of 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. • Promote economic development that is compatible with the physical, cultural, and social environments of Hawaiʻi Island. • Provide an economic environment that allows new, expanded, or improved economic opportunities compatible with the County's natural, cultural, and social resources. The proposed bed and breakfast would provide the applicant with an opportunity for small-scale visitor accommodation within an existing structure while maintaining the property's existing residential and agricultural character. The proposed use is consistent with the applicable provisions of Chapter 25, Hawaiʻi County Code, governing bed and breakfast establishments. The applicant proposes an owner-managed operation within an existing dwelling, limited to three (3) guest rooms accommodating a maximum of six (6) overnight guests, with breakfast service limited to registered guests and no events or commercial gatherings proposed. The use is located within the State Agricultural Land Use District, where bed and breakfast establishments may be considered through the Special Permit process. The Kona Community Development Plan (KCDP) recognizes the importance of maintaining Kona's rural character while supporting diversified agricultural activities and visitor experiences that are compatible with the region's natural and cultural resources. Section 4.8.2 of the KCDP encourages the enhancement of agricultural tourism opportunities. The proposed bed and breakfast would operate within an existing permitted structure, maintain the -8- property's existing agricultural activities, and provide small-scale visitor accommodation consistent with the goals and policies of the KCDP. Based on the foregoing, the proposed request is not contrary to the 2005 Hawaiʻi County General Plan, the Kona Community Development Plan, or Chapter 25 of the Hawaiʻi County Code. The request is not contrary to Chapter 205A, Hawai‘i Revised Statues, relating to Coastal Zone Management. The subject property is located outside of the County's Special Management Area (SMA), and the proposed bed and breakfast would operate entirely within an existing permitted additional farm dwelling only after it has been redesignated as the first farm dwelling (FFD). The existing FFD will be redesignated as the AFD in which the applicants (hosts) will reside. No new construction, grading, land disturbance, shoreline alteration, or expansion of existing structures is proposed. Existing access, parking, utilities, and infrastructure would continue to be utilized. As discussed previously, the proposal would not adversely affect agricultural activities on the property or require the extension of urban infrastructure. Accordingly, the request is consistent with the objectives of Chapter 205A, Hawaiʻi Revised Statutes, to protect, preserve, and, where possible, restore the natural resources of the coastal zone while encouraging the appropriate use of existing developed areas. Therefore, the proposed request is not contrary to Chapter 205A, Hawaiʻi Revised Statutes. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. In view of the Hawaiʻi State Supreme Court’s “PASH” and “Ka Paʻakai O KaʻAina” 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 inventory survey, cultural impact assessment, oral history, ethnographic study, historical documentary research, or biological survey was submitted as part of the application. The applicant states that no known archaeological or historic -9- resources are present on the subject property and that no land disturbance is proposed. The valued cultural, historical, and natural resources found in the special permit area: According to the applicant, no known archaeological or historic resources are present on the subject property, and no archaeological studies or agency correspondence identifying cultural resources were submitted. The property is developed with an existing primary dwelling, an existing permitted Additional Farm Dwelling, an accessory storage structure, existing landscaping, and agricultural plantings including coffee, citrus, avocado, pomegranate, pineapple, and other fruit-bearing trees and garden plantings. The applicant states that no significant impacts to flora, fauna, or the surrounding environment are anticipated; however, no professional biological surveys or inventories of sensitive plant or wildlife species were included with the application. Possible adverse effect or impairment of valued resources: The proposed request consists solely of the operation of a bed and breakfast within an existing permitted additional farm dwelling (AFD) only after the applicants have redesignated the AFD as the first farm dwelling (FFD); once redesignated the FFD will be considered the bed and breakfast dwelling, and the AFD will house the applicants (hosts). Because the request would utilize existing structures and infrastructure, the potential to adversely affect archaeological, cultural, historical, or natural resources is expected to be minimal. Feasible actions to protect native Hawaiian rights: Based on the information provided, no known traditional or customary Native Hawaiian gathering, access, or cultural practices have been identified on the subject property. The applicant indicates that no known archaeological or historic resources are present, and the proposed request would not involve land disturbance or modification of the existing site. Therefore, based on the information contained in the record, the proposed request is not anticipated to adversely affect the exercise of traditional and customary Native Hawaiian rights. Should archaeological or cultural resources be inadvertently discovered during any future ground-disturbing activities, all work in -10- the immediate vicinity should cease and the appropriate agencies, including the State Historic Preservation Division, should be notified in accordance with applicable laws and regulations. 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. Based on the above considerations, the proposed three-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 three-bedroom bed and breakfast shall be conducted in a manner that is substantially representative of plans and details contained within the Special Permit application dated May 28, 2026, and representations made to the Leeward Planning Commission. Any expansion of the facility or uses beyond what is represented in these documents shall require an amendment to this permit. 3. The bed and breakfast operation shall be limited to the use of three (3) bedrooms for rent and no more than six (6) guests at one time. 4. A minimum of four (4) parking stalls shall be provided on-site for guest and operator parking for the bed and breakfast establishment. -11- 5. At no time shall the permitted use on the subject property include events, weddings, retreats, group activities, commercial gatherings or amplified music. 6. The applicant shall redesignate the First Farm Dwelling and the Additional Farm Dwelling (AFD) by letter addressed to the Planning Department prior to commencement of the bed and breakfast operation. 7. The Applicant shall implement water conservation measures to reduce water consumption associated with the approved use. Should water usage exceed the rated capacity of the existing water meter, the applicant shall comply with any additional requirements of the Department of Water Supply, including, but not limited to, the installation of a flow-reducing device, water meter upgrade, and/or backflow prevention assembly, as determined necessary by DWS. 8. The Applicant shall ensure that the existing wastewater disposal system is adequate to accommodate the approved bed and breakfast use and shall comply with all applicable requirements of the Hawaiʻi State Department of Health and other agencies having jurisdiction over wastewater disposal. The applicant shall also consult with the appropriate state and county agencies regarding future cesspool conversion requirements in accordance with applicable law. 9. Emergency and hazard information, including but not limited to, notification of the monthly Civil Defense siren tests, evacuation routes, and contact information of the Civil Defense Agency, Police and Fire Departments shall be prominently displayed within the building(s) being used for the bed and breakfast operation. 10. The Applicants shall comply with all requirements of Section 25-4-7 of the Zoning Code, Hawaiʻi County Code Chapter 25, as amended, relating to bed and breakfast establishments. 11. The Applicants shall comply with food service operations notification and permit requirements in the State Department of Health’s Administrative -12- Rules, Title 11, Chapter 50, Food Safety Code, as it pertains to bed and breakfast operations. 12. In the event that surface or subsurface historic resources, including human skeletal remains, structural remains (e.g. rock walls, terraces, platforms, etc.), cultural deposits, marine shell concentrations, sand deposits, or sink holes are identified during the demolition and/or construction work, the Applicants shall cease work in the immediate vicinity of the find, protect the find from additional disturbance and contact the Department of Land and Natural Resources-State Historic Preservation Division (SHPD) at (808) 933-7651. Subsequent work shall proceed upon archaeological clearance from SHPD when it finds that sufficient mitigation measures have been taken. 13. The Applicants 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. 14. 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.