PD BACKGROUND REPORT (PL-SPP-2022-015)

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G. GROUNDS FOR APPROVAL OF A SPECIAL PERMIT (Planning Department Rule Section 6-7) The Planning Commission shall not approve a Special Permit unless it is found that the proposed use: 1. Is an unusual and reasonable use of land situated within the Agricultural or Rural District, whichever the case may be. 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. Based on existing and substantially improved nature of the subject property as a homesite that restricts any opportunity to conduct meaningful agricultural activities, the Applicant finds that allowing tennis lessons to be conducted on an existing tennis court facility is considered an unusual and reasonable use of agricultural land within the State Land Use Agricultural District within this particular section of the City of Hilo. 2. Would promote the effectiveness and objectives of Chapter 205, Hawaii Revised Statutes, as amended. 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. Soils within the Project Site are identified as being of the Keaukaha series which are mostly covered in woodland, pasture and homesites. These soils are classified as "D" or "Poor" soil by the Land Study Bureau's Overall Master Productivity Rating. Most significantly, however, is simply the fact that the subject property is extensively improved as a single-family residential homesite that also accommodates a tennis court facility. Therefore, the issuance of a Special Permit to allow the Applicant to conduct tennis lessons on an existing tennis court facility will not displace any existing agricultural activity nor adversely affect the preservation and agricultural use of the County's prime agricultural lands, and is not contrary to the objectives sought to be accomplished by the State Land Use Law and Regulations. 15 Page