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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. -2- 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: -3- (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. -4- 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 -5- 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. -6- (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, -7- 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, -8- 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 -9- 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 -10- 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. -11- 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 -12- 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.