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.
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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, 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
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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.
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(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
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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
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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
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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-
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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
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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
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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.
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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
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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.