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PD RECOMMENDATION (AMEND SPP 1247/PL-SPP-2021-000001)
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2021-10-21 Leeward
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Item #2 RT's Service LLC (Amend SPP 1247__PL-SPP-2021-001)
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PD RECOMMENDATION (AMEND SPP 1247/PL-SPP-2021-000001)
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automotive shop. However, due to unforeseen delays that were beyond the control of the <br /> applicant, the building permit process has not yet been completed. <br /> The criteria for amending a Special Permit, such as the requested <br /> amendments to the existing use, are based on Rule 6-7 in the Planning Commission <br /> Rules. Rule 6-7 states that the Planning Commission shall not approve a Special Permit <br /> unless it is found that the proposed use (a) is an unusual and reasonable use of land <br /> situated within the Agricultural District, and(b)the proposed use would promote the <br /> effectiveness and objectives of Chapter 205, Hawaii Revised Statutes, as amended. <br /> The requested amendments to the existing use are an unusual and reasonable <br /> use of land situated within the State Land Use Agricultural District and would <br /> promote the effectiveness and objectives of Chapter 205, HRS, as amended. The <br /> State Land Use Law and Regulations are intended to preserve,protect and encourage the <br /> development of lands for those uses to which they are best suited in the interest of the <br /> public welfare of the people of the State of Hawaii. In the case of the Agricultural <br /> District, the intent is to preserve or keep lands of high agricultural potential in <br /> agricultural use. The facility is unusual in that it is not agricultural in nature but is <br /> reasonable in that it has and will continue to provide a needed service to the Waimea <br /> community. The property is classified as Prime Agricultural Lands by the Agricultural <br /> Lands of Significance to the State of Hawaii (ALISH) and the Land Study Bureau Soil <br /> Rating is "Fair". The property has livestock paddocks on it and the applicant is claiming <br /> an agricultural dedication of pasturing for property tax purposes. <br /> In addition to the above listed criteria, the Planning Commission shall also <br /> consider the criteria listed under Section 6-3(b)(5) (A) through(G). In considering <br /> the criteria, the Planning Director recommends the following: <br /> (A) Such requested amendments to the existing use shall not be contrary <br /> to the objectives sought to be accomplished by the Land Use Law and Regulations. <br /> The subject request is considered an unusual and reasonable use of agricultural land and <br /> the proposed use will not adversely affect the use of the County's prime agricultural lands <br /> since over two thirds of the property will be retained for agricultural uses and the <br /> business activity will occur within an existing structure. <br /> -4- <br />
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