HomeMy WebLinkAboutPD Recommendation (PL-SPP-206-000138)-1-
COUNTY OF HAWAI‘I PLANNING DEPARTMENT RECOMMENDATION
LAURA GREGORY SPECIAL PERMIT APPLICATION (PL-SPP-2026-000138)
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 a bed and
breakfast within an existing 3,718 square foot, 4-bedroom farm dwelling located
on a 3.00-acre parcel in the State Land Use Agricultural District. The subject
property is currently developed with an existing dwelling and related residential
improvements. The proposed bed and breakfast would operate exclusively within
the existing dwelling and 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 eight (8) overnight guests at any one
time. The application identifies a fourth detached bedroom/caretaker area for the
on-site caretaker/host. The applicant states that the operation would be hosted
with an on-site caretaker/co-manager present whenever guests are on the
property. Breakfast service would be limited to registered guests only, and no
restaurant, events, weddings, retreats, receptions, parties, or other commercial
gatherings are proposed. The proposal includes on-site parking for guest and
operator/caretaker use and utilizes existing driveway access from Hao
Street/Pueo 2. The application 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, except as may be required by the Department of Water Supply or
other reviewing agencies.
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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 an existing dwelling and existing site
infrastructure and does not involve new construction, grading, land disturbance,
or expansion of existing structures. 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 guest rooms accommodating a maximum of eight overnight guests and
one on-site caretaker and is intended to function as low-intensity, hosted 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.
The subject property is not a typical cleared agricultural parcel. It consists
of a legally created 3.00-acre agricultural subdivision lot within Kaloko-Mauka
Subdivision and is subject to forest-related restrictions associated with Ordinance
No. 95-49 and the subsequent subdivision of Lot 3 of Block 5 into Lots 3-A
through 3-G. The application states that over 75 percent of the property is
forested and will remain forested, and that the proposed bed and breakfast would
be conducted within the existing dwelling and already developed portion of the
property.
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:
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(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, Hawai‘i Revised Statutes, include
conserving and protecting agricultural lands while providing a mechanism
through the Special Permit process to allow certain unusual and reasonable uses
that are compatible with the Agricultural District.
The subject property is located within the State Land Use Agricultural
District and is zoned Agricultural-3 acres (A-3a). The 2045 General Plan Land
Use Map classifies the subject property as Extensive Agriculture. Soils within the
project site are classified by the Land Study Bureau as Class E, indicating lands
with very poor agricultural capability, and are designated “Other Lands” by the
Agricultural Lands of Importance to the State of Hawai‘i. OPSD clarified that the
subject parcel is not designated as Important Agricultural Lands, but is within the
State Land Use Agricultural District.
The subject property is also underlain by Puna and Haplic Udarents soils,
10 to 20 percent slopes, which are not classified as prime farmland and have a
capability class of 7s, indicating very severe limitations for cultivation and use
mainly suited to grazing, forestland, or wildlife habitat.
As proposed, the request would not remove additional agricultural land
from production, disturb retained forest areas, or expand the existing
development footprint. Therefore, the use will not adversely affect the
preservation and agricultural use of the County’s agricultural lands 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 adjacent parcels are located primarily within the
Agricultural-3 acres (A-3a) zoning district, with Agricultural-5 acres (A-5a) and
Agricultural-20 acres (A-20a) zoned lands located farther mauka to the northeast.
Conservation-zoned lands are located to the northwest but do not directly abut
the subject property. The area is characterized primarily by rural residential
development on agricultural lots, with limited agricultural and forested/open-
space uses in the vicinity.
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The applicant proposes to operate a small-scale, hosted bed and
breakfast within an existing farm dwelling. No new construction, grading, land
disturbance, or expansion of existing structures is proposed at this time. The
proposed operation is limited to three guest rooms accommodating a maximum
of eight overnight guests, with on-site parking, on-site caretaker/operator
presence when guests are present, and no events, weddings, retreats,
receptions, parties, other commercial gatherings, or amplified music. As
proposed, the operation is intended to comply with the applicable operational
requirements for bed and breakfast establishments contained in Hawai‘i County
Code Chapter 25 and is of a scale that is generally compatible with the
surrounding agricultural and residential uses.
No significant traffic impacts are anticipated due to the limited number of
rooms for rent and the applicant’s limit on the number of guests allowed at any
one time. The Police Department reviewed the application and stated it has no
comments or objections to offer at this time. As such, the proposed use should
not generate significant noise, traffic, or public safety 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 existing
driveway access from Hao Street/Pueo 2, and no roadway or drainage
improvements are proposed. The deed excerpt submitted with the application
references a perpetual, non-exclusive easement for access and utility purposes
over, under, along, and across Easement 2, as granted by Declaration Re Road
Maintenance.
Potable water is provided by the existing County Department of Water
Supply (DWS) connection. DWS reviewed the application and noted that an
existing 5/8-inch meter serves the subject parcel, which is limited to an average
daily usage of 400 gallons and is suitable for only one single-family dwelling.
DWS stated that it has no objection to the establishment of a three-bedroom bed
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and breakfast on the subject parcel. DWS further stated that the proposed use
will require installation of a reduced pressure-type backflow prevention assembly
within five (5) feet of the existing meter on private property, to be inspected and
approved by DWS before commencement or continuation of water service. The
above will be added as a condition of approval.
Wastewater disposal is provided by an existing cesspool. The New
Cesspool Information Card included with the application identifies a cesspool
associated with a three-bedroom dwelling. The applicant states that the existing
wastewater system is adequate for the proposed use. The Department of Health
provided standard land use comments and noted that agencies and project
owners are responsible for adhering to all applicable standard comments and
obtaining proper and necessary permits before the commencement of any work.
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, 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 district boundaries were established in the 1960’s, demand has
increased for accommodation for guests who seek an alternative to resort and
hotel venues. The proposed use would meet this demand by providing visitors
with an opportunity to experience a small-scale bed and breakfast establishment.
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(E) The land upon which the proposed use is sought is unsuited for the
uses permitted within the district.
The subject property is not entirely unsuited for agricultural use, as the
applicant identifies small-scale agricultural plantings and stewardship activities
on the property, including coffee, citrus, avocado, banana, pineapple, fig,
papaya, pepper plants, herbs, vegetables, other fruit-bearing trees, garden
areas, and invasive species control. However, the property’s Land Study Bureau
Class E soils, ALISH “Other Lands” designation, USDA capability class 7s soils,
retained-forest conditions, and forest-related restrictions limit the site’s suitability
for more intensive or conventional agricultural use.
The proposed bed and breakfast would not displace agricultural activity or
require the conversion of agricultural or forested land to visitor accommodation.
The use would be conducted within the existing dwelling and already developed
portion of the property. The application states that no land clearing or new
building will take place for this project. The applicant also states that the bed and
breakfast income supports invasive species removal, property maintenance, and
stewardship of the retained forested portions of the property.
Based on the available information, the subject property appears limited
for more intensive agricultural use, but capable of supporting small-scale
agricultural and stewardship activities in conjunction with the existing residential
use. The proposed bed and breakfast would utilize the existing dwelling without
expanding the development footprint or removing agricultural or forested land
from production or conservation-oriented use.
(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 farm dwelling on the subject property. No new construction, grading, land
disturbance, expansion of existing structures, significant vegetation removal, or
increased impervious surface is proposed.
The proposed use will remain secondary to the existing residential and
rural-agricultural use of the property. The forested portions of the property would
remain subject to the applicable forest-reserve and retained-forest restrictions,
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and the use would be confined to the existing dwelling and developed portion of
the lot. As proposed and conditioned, the bed and breakfast is not expected to
substantially alter or change the essential character of the land or its present
residential, rural, agricultural, and forested character.
(G) The request will not be contrary to the General Plan and Community
Development Plan (CDP) and Zoning Code.
The subject property is designated Extensive Agriculture by the 2045
General Plan Land Use Map and is located within the State Land Use
Agricultural District and County Agricultural-3 acres (A-3a) zoning district. The
proposed use is consistent with the applicable provisions of Chapter 25, Hawai‘i
County Code, governing bed and breakfast establishments, provided the use
complies with Section 25-4-7 and all conditions of approval.
The Department has reviewed the application for consistency with the
Kona Community Development Plan and General Plan 2045 and indicated that
the request appears generally consistent, provided the use remains small-scale,
is contained within the existing dwelling, and does not result in additional
development, significant vegetation removal, increased impervious surfaces,
events, or other activities that would alter the rural and agricultural character of
the area.
Relevant General Plan 2045 policies include Policy 15.1, Policy 15.4, and
Policy 15.5, which support agricultural uses, related economic infrastructure and
cottage industries, preservation of agricultural character and open space, and
small-scale visitor accommodations that directly promote agriculture or are near
points of interest that support agriculture. Staff notes that the application’s
description of food-producing plants, native vegetation management, invasive
species removal, retention of a substantial forested portion of the property, and
efforts to direct guests to local farms and agricultural attractions provide some
support for consistency with agricultural and resource-stewardship objectives.
The property is located mauka of the 1,500-foot elevation and is therefore
within an area identified by Kona CDP Policy ENV-1.5 as a high-level
groundwater recharge area and sensitive resource. Because the proposed use
would remain within the existing dwelling and would not involve new construction,
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grading, land disturbance, significant vegetation removal, or expansion into the
retained forest area, the proposal is not expected to adversely affect groundwater
recharge, forest resources, or watershed functions, provided the applicant
complies with all applicable conditions of approval.
Based on the foregoing, the proposed request is not contrary to the 2045
Hawai‘i County General Plan, the Kona Community Development Plan, or
Chapter 25 of the Hawai‘i County Code.
The request is not contrary to Chapter 205A, Hawai‘i Revised Statutes,
relating to Coastal Zone Management.
The subject property is located outside of the County’s Special
Management Area (SMA) and is approximately 5.5 miles from the nearest
shoreline. The proposed bed and breakfast would operate entirely within an
existing farm dwelling. 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, retained forest areas, or require the extension of urban infrastructure.
Accordingly, the request is consistent with the objectives of Chapter 205A,
Hawai‘i 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, Hawai‘i Revised Statutes.
The request will not have a significant adverse impact to traditional and
customary Hawaiian Rights.
In view of the Hawai‘i 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 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 cultural
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resources have been located on the subject site, and no land alteration or new
construction is proposed as part of the request.
The valued cultural, historical, and natural resources found in the special
permit area: According to the applicant, no known archaeological or cultural
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 farm dwelling, related residential
improvements, existing landscaping, garden areas, fruit-producing trees, native
forest, retained forest areas, and other vegetation. The applicant states that no
land clearing or new building will take place for this project.
Possible adverse effect or impairment of valued resources: The proposed
request consists solely of the operation of a bed and breakfast within an existing
farm dwelling. Because the request would utilize existing structures and
infrastructure and does not propose land alteration or new construction, the
potential to adversely affect archaeological, cultural, historical, or natural
resources is expected to be minimal. The Makaula-‘O‘oma Trail is located
mauka/northwest of the subject property in the broader vicinity; however, the
proposed use will occur within the existing dwelling and is not anticipated to
affect public access to the trail or surrounding mauka areas.
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 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 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
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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 Americans 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, as
revised, 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 Applicant shall comply with all requirements of Section 25-4-7 of the
Zoning Code, Hawai‘i County Code Chapter 25, relating to bed and
breakfast establishments.
4. The bed and breakfast operation shall be limited to the use of three (3)
bedrooms for rent and no more than eight (8) overnight guests at one
time.
5. The operator of the bed and breakfast establishment shall reside on the
subject property.
6. A minimum of four (4) parking stalls shall be provided on-site for guest and
operator parking for the bed and breakfast establishment.
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7. Bar sinks or individual kitchens are not permitted in any bedrooms, and
the farm dwelling is limited to one kitchen.
8. At no time shall the permitted use on the subject property include events,
weddings, retreats, group activities, commercial gatherings, or amplified
music.
9. Prior to commencement or continuation of water service for the bed and
breakfast use, the Applicant shall install a reduced pressure-type backflow
prevention assembly within five (5) feet of the existing water meter on
private property. The installation of the backflow prevention assembly shall
be inspected and approved by the Department of Water Supply.
10. 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 Hawai‘i State Department of
Health.
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. 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.
13. 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 any demolition and/or
construction work, the Applicant 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
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archaeological clearance from SHPD when it finds that sufficient mitigation
measures have been taken.
14. 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.
15. 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.