FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND ORDER (SPP-2021-000005)

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Vi. The proposed use will not substantially alter or change the essential character of the land and the present use. vii. The request will not be contrary to the General Plan and official Community Development Plan and other documents such as Design Plans. C. In review of the above criteria, the Windward Planning Commission has determined the following: The proposed use will not promote the effectiveness and objectives of Chapter 205,H.R.S., as amended. Through the passage of Chapter 205, H.R.S., otherwise known as State Land Use Law,the State Land Use Commission was established. It called for classification of all lands in the State and authorized the adoption of rules of practice and procedure and regulations for land use within the various land use districts. The four(4) land use districts (Agricultural, Rural, Urban and Conservation) created by the State Land Use Commission provided the basic legal framework of land uses in the State of Hawaii and assisted in the implementation of the long-range land use objectives of the State and Counties. The intent of these statutory provisions is to preserve,protect, and encourage the development of lands in the State for those uses to which they are best suited in the interest of the public health and welfare of the people in Hawaii. The proposed request for a self-storage facility and mailing service facility is located in an area designated Agricultural by the State Land Use Commission. As the requested use is not permitted in the State Land Use Agricultural District, a Special Permit is required to allow for the use to be permitted. According to the County Zoning Code, self-storage facilities are considered a light industrial use only permitted within the industrial-commercial mixed (MCX), limited industrial (ML) and general industrial (MG) zoning districts. It is likely that self- storage facilities are only permitted in these zoning districts because of the potential for users to store hazardous materials within the units and the facilities consist of warehouse- type structures. The industrial zoning districts were created to situate these types of uses separate from residential and other incompatible uses and to ensure that non-industrial areas will not be exposed to unsafe and unhealthy environments. Additionally, in its memorandum dated October 28, 2021, the State Office of Planning and Sustainable Development(OPSD) stated that the proposed self-storage and 8