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FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND ORDER (SPP-2021-000005)
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2022-02-03 Windward
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Item #3 John Hewett and Patrina Niu-Hewett (PL-SPP-2021-000005)
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FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND ORDER (SPP-2021-000005)
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mailing service facility use on the subject property constituted a large commercial use <br /> that is incompatible with the County's Rural LUPAG designation and inconsistent with <br /> the Puna CDP's directive to focus commercial uses within Village/Town Centers. <br /> Additionally, OPSD is concerned that granting a Special Permit for what they consider <br /> commercial uses on the property would encourage the spread of such uses within the <br /> SLU Agricultural District and that permitting of such uses "would be similar to spot <br /> zoning within the Agricultural District which generally should not be permitted by <br /> Special Permit. <br /> Based on the preceding, the proposed use should be located on lands zoned <br /> industrial within the SLU Urban district,rather than on agriculturally zoned land in the <br /> SLU Agricultural district. Thus, the proposed uses will not promote the effectiveness and <br /> objectives of Chapter 205, H.R.S., as amended. <br /> The request would be contrary to the General Plan and Puna Community <br /> Development Plan. The County of Hawai`i's General Plan (GP) is the policy document <br /> for the long-range comprehensive development of the island of Hawaii. One of the <br /> purposes of the GP is to guide the pattern of future development of the County based on <br /> long-term goals. The GP Land Use Pattern Allocation Guide (LUPAG)Map designates <br /> the property as Rural,which are areas that include existing subdivisions in the State Land <br /> Use Agricultural and Rural districts that have a significant residential component. These <br /> subdivisions may contain uses that serve the residential and agricultural community in the <br /> area and contain community and public facilities but must have appropriate zoning for <br /> these uses. The proposed, uses are not considered community/public facilities as the self- <br /> storage facility is industrial in nature and the mailing service facility is commercial in <br /> nature. Thus,the subject property's agricultural zoning is inappropriate for that use and <br /> inconsistent with the Rural LUPAG designation. <br /> As a policy document, the General Plan and its LUPAG map also provide <br /> guidance for a particular land use pattern that could be considered within a particular area <br /> whether by a change of zone or, as in this situation, a Special Permit. The Rural LUPAG <br /> designation alone does not create a presumption in favor or against this particular Special <br /> Permit application; it simply affords an opportunity for which a Special Permit request <br /> 9 <br />
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