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HomeMy WebLinkAboutPD Recommendation (PL-SPP-2026-000129)R.Morrill_SPP.dh.9/28/26 COUNTY OF HAWAI‘I PLANNING DEPARTMENT RECOMMENDATION JANE MORRILL SPECIAL PERMIT APPLICATION NO. PL-SPP-2026-000129 Upon review of the request against the guidelines for granting a Special Permit, the Planning Director recommends that the request to establish a one-bedroom bed and breakfast within an existing one-bedroom ‘ohana dwelling unit on a 3.507- 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. The approval recommendation is based on the following findings: The Applicant proposes to establish a one (1) bedroom bed and breakfast within an existing one (1) bedroom ‘ohana dwelling unit on a 3.507-acre property. The detached ‘ohana dwelling unit contains a kitchen, one bathroom, one bedroom, and a covered lanai. The on-site operator of the bed-and breakfast operation will reside in a four (4) bedroom farm dwelling located towards the rear of the property. The Applicant states the property continues to be maintained for agricultural purposes and contains coffee trees, tropical fruits trees, vegetables, and herbs in addition to botanical plantings. According to the Applicant there will be no events, weddings, retreats, group activities, commercial gatherings or amplified music. Additionally, the Applicant notes that guest parking will be provided on site and quiet hours will be enforced. The application states the requested Special Permit would allow the property owner to generate limited supplemental income to help offset the rising costs of property maintenance, including upkeep of the existing building, landscaping, utilities, insurance, agricultural improvements, and general stewardship of the land. The proposed use is intended to support the continued care and preservation of the property as an owner-occupied agricultural residence, without changing its primary residential and agricultural character. 2 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 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 request is unusual in that the proposed use is not strictly agricultural in nature and would allow the Applicant to host an overnight accommodation on their property. However, the proposed use is reasonable in that it would be subordinate and accessory to a dwelling, which is a permitted use, and the remainder of the property will be available for agricultural use. 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 Hawai‘i. In the case of the 3 Agricultural District, the intent is to preserve or keep lands of high agricultural potential in agricultural use. The subject property is classified by the Land Study Bureau’s rating system as class “D” which are lands that are considered poor for agricultural productivity and designated ‘Other Lands’ by the Agricultural Lands of Importance to the State of Hawaii (ALISH) map which are typically used for lower-intensity agriculture, diversified crops, or extensive pasture and grazing lands. The proposed bed and breakfast will be located on a small portion of the property and will not significantly diminish the agricultural potential of the remaining land. Based on the preceding, the proposed 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. Surrounding properties are zoned Agricultura (A-3a) and Family Agricultural (FA-3a) and are generally developed with low-density residential uses or remain vacant. The nearest neighboring residential structure is located approximately 450 feet west of the proposed permit area and has an approved Special Permit for bed and breakfast use. The Applicant will reside on-site on a full-time basis and will act as the operator of the bed and breakfast, adequate off- street parking will be provided, and designated quiet hours will be strictly enforced. In addition, the proposed use would prohibit events, weddings, retreats, group activities, commercial gatherings, amplified music, and other high- intensity activities. To ensure compatibility with surrounding residential and agricultural uses and to minimize potential adverse impacts to neighboring properties, these operational limitations shall be incorporated as conditions of approval for the subject Special Permit. Accordingly, with appropriate conditions of approval, the proposed bed and breakfast use is not anticipated to adversely affect surrounding properties or alter the existing rural and agricultural character of the area. 4 (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 provided from Apela Place, a privately owned residential street serving six (6) properties, via an existing paved driveway approximately twelve (12) to fourteen (14) feet in width, provides access to both the owner-occupied farm dwelling and the existing detached ʻohana dwelling. The proposed bed and breakfast use would be limited to one guest room with a maximum occupancy of two guests. The operation would involve low-frequency guest turnover, would be owner-occupied and managed on-site, and would not include employees, parties, weddings, commercial events, or other high-intensity activities. The Applicant will provide one, on-site parking stalls for guests in compliance with applicable zoning code parking requirements. Based on the limited scale and operational characteristics of the proposed use, the bed and breakfast are not anticipated to result in significant adverse impacts to existing traffic conditions or parking on either private or public roadways. The Applicant states that the subject property is served by an existing permitted cesspool wastewater disposal system, which has been in use since 1988. According to the Applicant, the cesspool serves both the permitted ʻohana dwelling and the existing farm dwelling. The subject property is served by a 5/8- inch water meter and is limited to a maximum daily usage of four hundred (400) gallons. The County of Hawaiʻi Police Department submitted a letter indicating that it had no objections or comments regarding the subject application. The County of Hawaiʻi Fire Department did not provide comments on the application. (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 5 temporary district boundaries became effective in 1962. Subsequently, the regulations and Land Use District Boundaries became effective in August of 1964. Since then, the Koloko Mauka subdivision has become more residential in nature; however, 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 may be allowed. The request is in line with the intent for allowing the issuance of a Special Permit. Based on the above discussion, the applicant has met this criterion. (E) The land upon which the proposed use is sought is unsuited for the uses permitted within the district. Soils within the permit area are classified as “D” by the Land Study Bureau (LSB), representing lands with poor suitability for agricultural productivity. Additionally, according to the Agricultural Lands of Importance to the State of Hawaiʻi (ALISH) map, the subject property is classified as “Other Lands,” which generally include lands used for lower- intensity agriculture, diversified crops, pasture, or grazing. Based on the foregoing, the subject property does not appear to be well-suited for the more intensive agricultural uses typically contemplated within the State Land Use Agricultural District. (F) The use will not substantially alter or change the essential character of the land and the present use. The subject property is currently developed with a four (4) bedroom farm dwelling and a detached one (1) bedroom ‘ohana dwelling. Given that the proposed use will be contained within a very small portion of the 3.507-acre property, and that existing land uses in the surrounding area consist of residential uses, the proposed use should not significantly detract from the land’s current character. (G) The request will not be contrary to the 2045 General Plan and Community Development Plan (CDP) and Zoning Code. The Land Use Map component of the Hawaiʻi County General Plan 2045 represents the goals and policies of the General Plan and is intended to guide the coordinated growth and 6 development of the County. The Land Use Map provides a graphic depiction of the physical relationship among various land uses and establishes the basic urban and non-urban land use pattern for areas within the County. The subject property is designated Extensive Agriculture by the General Plan 2045 Land Use Map. Within this designation, consideration should be given to ensuring the proposed visitor accommodation use does not diminish the agricultural and rural character of the property or contribute to the incremental intensification of non-agricultural uses within the area. As previously discussed, the proposed bed and breakfast use would be conducted within an existing dwelling and would not preclude continued agricultural use of the remainder of the subject property. The proposed request appears generally consistent with General Plan 2045 Objective 15, which seeks to support the active use of productive agricultural lands. Related policies include Policy 15.1, which provides that development in Productive Agriculture and Extensive Agriculture areas should include agricultural uses, related economic infrastructure and cottage industries, compatible renewable energy, open area recreational uses, community facilities, and compatible agricultural worker housing; Policy 15.4, which seeks to preserve agricultural character, including the open space preserved by agricultural land; and Policy 15.5, which supports the development of small-scale visitor accommodations that directly promote the agriculture industry, health and wellness activities directly related to agriculture, or are located near points of interest that support agriculture. The proposed bed and breakfast operation appears generally compatible with this policy direction, particularly given its limited scale and the Applicant’s representation that agricultural activities are ongoing on the property. The proposed use would be limited to one bedroom and a maximum of two guests within an existing structure and would not involve the construction of additional buildings, grading, or substantial alteration of the property. Continued agricultural use of the property, together with operation of the bed and breakfast as an 7 incidental and subordinate use, would further support consistency with these agricultural land use policies. The 2045 General Plan also directs consideration of land use compatibility through Objective 9, which seeks to maintain community character and land use compatibility. Policy 9.6 directs the County, when reviewing discretionary permits, to consider compatible and complementary uses and appropriate mitigation measures. The proposed limited guest occupancy, existing on-site access and parking, absence of employees, and restrictions on events, amplified music, and other high-intensity activities are relevant considerations in evaluating compatibility with surrounding residential and agricultural properties. The proposal also relates to the General Plan’s regenerative visitor industry policies. Policy 49.4 encourages agricultural, educational, and ecological tourism as regional opportunities, while Policy 49.5 supports regenerative tourism efforts that promote a high quality of life for residents. Maintaining the proposed use at a small scale and minimizing potential impacts to neighboring properties would be important to ensuring continued consistency with these policies. The Kona Community Development Plan (CDP) seeks to preserve the rural character of areas outside the Kona Urban Area, reinforce the existing rural lifestyle and culture, and protect important agricultural lands. The CDP discourages unplanned sprawl and supports maintaining the overall density of agriculturally zoned lands outside of the Kona Urban Area to preserve rural open space and protect agricultural lands for agricultural use. The proposed use appears generally consistent with the Kona CDP’s agricultural and rural preservation policies, provided the bed and breakfast remains limited in scale and subordinate to the residential and agricultural use of the property. The proposal would be conducted within an existing dwelling and would not involve additional subdivision, increased density, or substantial alteration of the property. The Kona CDP also recognizes agricultural tourism as an economic development opportunity. Objective ECON-2 seeks to strengthen agricultural- 8 related endeavors, and Policy ECON-2.1 supports opportunities to promote and enhance Kona’s agricultural industry. Although the proposed use is a visitor accommodation, its limited scale, existing agricultural setting, and continued agricultural use of the property support general consistency with the CDP’s policy direction. Policy ENV-1.6 also provides that Special Permit requests for ecotourism-or other non-agricultural uses on lands identified for Extensive Agriculture may be considered subject to applicable review. Given that the subject property is designated Extensive Agriculture under the 2045 General Plan, the proposed use meets the goals and policies of the Kona CDP, the 2045 General Plan, the proposed use will not be contrary to the General Plan, CDP nor the Zoning Code. The request is not contrary to Chapter 205A, Hawai‘i Revised Statues, relating to Coastal Zone Management. The property is located approximately 4.5 miles away from the nearest shoreline and will not be impacted by coastal hazards or affect beach erosion, coastal ecosystems, and marine resources. Additionally, it is not located in the Special Management Area and there is no record of a designated public access to the shoreline or mountain areas that traverse the property. Based on the preceding, the proposed use is not contrary to the objectives of Chapter 205A, Hawai‘i Revised Statutes relating to Coastal Zone Management. 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 reconnaissance survey, cultural impact assessment, oral history study, or other site-specific cultural study was submitted with the application. The applicant states that they are not aware of archaeological sites, historic features, traditional 9 gathering areas, or other cultural resources on the subject property. The property has been developed and used for residential purposes for several decades, and the proposed bed and breakfast would operate entirely within the existing dwelling. No new construction, grading, excavation, vegetation clearing, or other ground disturbance is proposed as part of the request. The valued cultural, historical, and natural resources found in the special permit area: Based on the information submitted by the applicant, no valued cultural, historical, archaeological, or natural resources associated with traditional and customary Native Hawaiian practices have been identified within the Special Permit area. The applicant has also indicated that there are no known public trails, shoreline access routes, mountain access routes, or traditional gathering areas crossing the subject property. However, because no formal cultural or archaeological study was conducted, the absence of such resources cannot be conclusively established from the application record. Possible adverse effect or impairment of valued resources: The proposed bed and breakfast would be conducted within an existing dwelling and would not involve expansion of the existing development footprint or new ground-disturbing activity. Based on the information presently available, there is no evidence that the proposed use would restrict access to traditional gathering areas, interfere with customary practices, or adversely affect identified cultural, historical, or natural resources. Therefore, the proposed use is not anticipated to result in a significant adverse effect or impairment of traditional and customary Native Hawaiian rights. Feasible actions to protect native Hawaiian rights: Because no specific traditional or customary practices or valued resources have been identified on the subject property, no project-specific mitigation measures are warranted at this time. However, as a precautionary measure, a condition of approval should require that work cease and the appropriate agencies be contacted if archaeological resources, human remains, burial sites, or other historic properties are inadvertently discovered during any future ground-disturbing 10 activity. Any exercise of constitutionally protected traditional and customary Native Hawaiian rights shall not be impaired by the operation of the proposed bed and breakfast. 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 preceding considerations, approval of the request to establish a 1-bedroom bed and breakfast within an existing, permitted ‘ohana dwelling on a 3.507-acre property within the State Land Use Agricultural District 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(s), its successor(s), or assign(s) (“Applicant”) shall be responsible for complying with all stated conditions of approval. 2. The operation of the one-bedroom 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, dated May 10, 2026 and additional information dated July 17, 2026, and representations made to the Leeward Planning Commission. Any expansion of uses beyond what is represented in these documents shall require an amendment to this permit. 11 3. The Applicant shall comply with all requirements of Section 25-4-7 of the County of Hawaiʻi Zoning Code, relating to bed and breakfast establishments. 4. The bed and breakfast operation shall be limited to the use of one (1) bedroom for rent and limited to no more than two (2) guests at one time. 5. The operator of the bed and breakfast establishment shall reside on the subject property. 6. A minimum of two (2) parking stalls shall be provided on-site for guest and operator parking for the bed and breakfast establishment. 7. Bar sinks or individual kitchens are not permitted in any bedrooms. 8. At no time shall the permitted use on the subject property include events, weddings, retreats, group activities, commercial gatherings or amplified music. 9. The method of sewage disposal shall meet with the requirements of the State Department of Health. 10. The Applicant shall comply with all applicable State Department of Health requirements under Hawai‘i Administrative Rules, Title 11, Chapter 50, Food Safety Code, relating to food service at bed and breakfast establishments, including applicable food-protection certification, operational limitations, signage, and inspection requirements. 11. 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 being used for the bed and breakfast operation. 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 Applicant shall cease work in the immediate vicinity 12 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 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 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.