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HomeMy WebLinkAboutPD Recommendation (PL-SPP-2026-000148)R.Linhart_SPP.dh.9/28/26 COUNTY OF HAWAI‘I PLANNING DEPARTMENT RECOMMENDATION JULIA LINHART SPECIAL PERMIT APPLICATION NO. PL-SPP-2026-000148 Upon review of the request against the guidelines for granting a Special Permit, the Planning Director recommends that the request to establish a three (3) bedroom bed and breakfast within an existing, four (4) bedroom farm dwelling unit on a 1.0-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 three (3) bedroom bed and breakfast within an existing farm dwelling unit on a 1.0-acre property. The farm dwelling includes four (4) bedrooms, two and one-half (2½) bathrooms, a kitchen, bathroom, and a living room. Additionally, the host bedroom contains a permitted bar sink. The owner will act as the resident operator of the bed and breakfast operation by residing full-time in a portion of the farm dwelling. The Applicant states the property continues to be maintained for potential agricultural purposes and ornamental plantings. There will be no events, weddings, retreats, group activities, commercial gatherings or amplified music. Additionally, guest parking will be provided on site, and quiet hours will be enforced. The requested Special Permit for a bed and breakfast operation is intended to support the continued care and preservation of the property as an owner-occupied farm dwelling, without changing its primary residential and agricultural character. 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 2 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 farm 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 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 ALISH which are typically used for 3 lower-intensity agriculture, diversified crops, or extensive pasture and grazing lands. The proposed bed and breakfast operation will not significantly diminish the agricultural potential of the land as the land use will occur within an existing farm dwelling. 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 in the immediate area are zoned Agricultural 1-acre (A-1a) with the exception of a single property zoned Single-Family Residential- 15,000 square feet (RS-15). Land uses in the outer surrounding areas are zoned a mixture of Single-Family Residential and Agricultural zoning districts. The surrounding area is developed with medium-density residential uses. The nearest neighboring residential structure is located approximately seventy-six (76) feet north of the proposed permit area. The Applicant (owner) will act as the resident operator and will be present on-site on a full-time basis, adequate off-street parking will be provided, and designated quiet hours will be strictly enforced. In addition, the proposed use will not include 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 permit. Accordingly, with appropriate conditions of approval, the proposed bed and breakfast operation is not anticipated to adversely affect surrounding properties or alter the existing rural and agricultural character of the area. (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 Keokeo Street, a County owned and maintained residential street via an existing 4 paved driveway approximately ten (10) feet in width. Existing traffic conditions in the surrounding area are primarily characterized by local residential activity. The proposed bed and breakfast use would be limited to three (3) guest rooms with a maximum occupancy eight (8) guests. The operation 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 an additional three (3) on-site parking stalls for guests and one (1) for the host in compliance with applicable zoning code parking requirements. Based on the limited scale and operational characteristics of the proposed use, the bed and breakfast operation is 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 serviced by an existing permitted septic wastewater disposal system which serves the existing, permitted, four-bedroom farm dwelling. Further, the subject property is serviced by an existing 5/8-inch water meter. and is limited to a maximum daily usage of four hundred (400) gallons, which the Department of Water Supply (DWS) has determined is suitable for one (1) single-family dwelling. Additionally, DWS states the proposed use will require the installation of a reduced pressure-type backflow prevention assembly within five (5) feet of the existing water meter. The Applicant states in an email dated September 2, 2026, the backflow preventer has been installed. 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 temporary district boundaries became effective in 1962. Subsequently, the 5 regulations and Land Use District Boundaries became effective in August of 1964. Since that time, the Kona Palisades area has developed as an urban residential neighborhood. However, the subject property and surrounding areas remain designated for agricultural use under both State and County land use regulations. Through the Special Permit process, certain non-agricultural uses may be permitted within the State Land Use Agricultural District where such uses are found to be reasonable, appropriate, and consistent with applicable review criteria. Based on the foregoing discussion, the Applicant has satisfied 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 farm dwelling. Given that the proposed use will be contained within the existing structure, 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 one-acre property is zoned Agricultural 1-acre (A-1a) by the County of Hawaiʻi, is situated within the State Land Use Agricultural District, and is designated Extensive Agriculture by the General Plan 2045 Land Use Map. Although the application was submitted prior to adoption of General Plan 2045 and references the 2005 General Plan Land Use Pattern Allocation Guide (LUPAG) Map, the application incorrectly identifies the former LUPAG designation as Urban Expansion. The subject property was previously designated Low Density Urban. Because General Plan 2045 has since been adopted, the proposed use should be evaluated in relation to the current Extensive Agriculture designation and applicable General Plan 2045 policies. Within the Extensive Agriculture designation, consideration should be given to whether the proposed visitor accommodation would maintain the agricultural and rural character of the property and avoid contributing to the incremental intensification of non-agricultural uses within agricultural areas. The proposed hosted bed and breakfast operation would be conducted within an existing dwelling, would not involve new construction, grading, or expansion of the existing structures, and would be managed onsite by the property owner. The proposed operation would accommodate up to three guest rooms and a maximum of eight guests, with no parties, events, or other commercial gatherings proposed. The proposed request relates to 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 within 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; and Policy 15.5, which supports the development of 7 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 application does not identify agricultural production, farm tours, agricultural education, agricultural demonstrations, or other visitor activities directly associated with an agricultural enterprise. Accordingly, while the proposed bed and breakfast operation is limited in physical scope and would occur within an agricultural setting, the record does not presently establish a substantial or direct relationship between the visitor accommodation, and an agricultural operation as contemplated by Policy 15.5. Policy 49.4 of the General Plan 2045 further encourages agricultural, educational, and ecological tourism as regional economic opportunities. The proposed operation could further this policy where the bed and breakfast operation meaningfully incorporates or promotes agricultural activities occurring on the property or within the Kona region. Such a relationship could include the use or promotion of locally grown products, agricultural education, farm-related visitor experiences, or other activities demonstrating a substantive connection between the visitor accommodation and agriculture. The physical and operational characteristics of the proposal are also relevant to evaluating land use compatibility. The proposed use would be conducted entirely within an existing permitted dwelling, would be owner- operated and hosted onsite, and would not involve additional construction or expansion of the developed area of the property. The application further proposes designated parking, quiet hours, and restrictions on events, parties, and commercial gatherings. These characteristics would help reduce the potential for noise, traffic, parking, and other impacts commonly associated with more intensive visitor accommodations and would support maintaining the rural residential character of the surrounding area. The Kona Community Development Plan (CDP) seeks to direct future growth toward compact development patterns while preserving Kona’s rural, 8 diverse, and historic character and protecting agricultural lands. The CDP further encourages a diverse and vibrant economy, with emphasis on agriculture and sustainable economic activity, while recognizing the importance of economic diversification that is not solely dependent upon the visitor industry. The proposed use appears generally compatible with the Kona CDP’s rural character objectives due to its relatively limited scale, use of an existing dwelling, owner occupancy and onsite management, and absence of new construction or substantial alteration of the property. The proposal would not result in subdivision, increased residential density, or expansion of the existing developed footprint. The proposal also relates to the Kona CDP’s agricultural economic development policies. Objective ECON-2 seeks to strengthen and encourage new agricultural-related endeavors, while Policy ECON-2.1 supports opportunities to promote and enhance Kona’s agricultural industry. Action ECON- 2.1b further recognizes agricultural tourism as an economic opportunity and calls for the development of a County agricultural tourism program or policy. Action ECON-2.1c encourages the promotion of locally grown agricultural products in partnership with Kona’s agricultural community. No new construction, grading, or expansion is proposed, and the bed and breakfast would remain within the existing residence with onsite management and operational restrictions intended to minimize impacts to neighboring properties. These factors generally support compatibility with the existing rural residential character of the area. Based on the foregoing, the proposed bed and breakfast appears generally compatible with the rural character and land use objectives of the Kona CDP and General Plan 2045 due to its hosted nature, use of an existing dwelling, onsite management, and limited physical development. 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 9 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 traverses 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 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. 10 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 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. 11 Based on the preceding considerations, approval of the request to establish a 3-bedroom bed and breakfast within an existing, permitted 4-bedroom farm dwelling on a 1.0-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 proposed use 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 18, 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. 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 three (3) bedrooms for rent and limited to no more than eight (8) guests at one time. 5. A minimum of four (4) parking stalls shall be provided on-site for the bed and breakfast establishment. 6. Bar sinks or individual kitchens are not permitted in any bedrooms, and the farm dwelling is limited to one kitchen. 7. At no time shall the permitted use on the subject property include events, weddings, retreats, group activities, commercial gatherings or amplified music. 8. 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 12 establishments, including applicable food-protection certification, operational limitations, signage, and inspection requirements. 9. Emergency and hazard information, including but not limited to notification of the monthly Civil Defense siren tests, evacuation routes, and contact information of the Civil Defense Agency, Police and Fire Departments, shall be prominently displayed within the building being used for the bed and breakfast operation. 10. 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 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. 11. 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. 12. 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.