PD RECOMMENDATION REPORT (PL-SPP-2022-017)

Home

represented. Finally, obtaining a Special Permit will legitimize the use that has been operating for nearly 20 years without the appropriate land use entitlements. 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 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 State Land Use Agricultural District and would promote the effectiveness and objectives of the State Land Use Law and Regulations and Chapter 205, HRS, 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 Hawaii. In the case of the Agricultural District, the intent is to preserve or keep lands of high agricultural potential in agricultural use. The request is considered an unusual and reasonable use of agricultural lands. The proposed continuation of a warehousing, distribution, and administrative operations on the 1.045-acre parcel is unusual in that it is not an agricultural use of the subject property. It is reasonable in the Agricultural District because the property has been previously cleared and largely developed with the warehouse use for nearly 20 years. Furthermore, given its poor soil characteristics, the continued use of the property as proposed will not compromise the inventory of valuable agricultural lands on the island and thus will not be contrary to the objectives sought to be accomplished by State Land Use law and regulations. In addition to the above listed criteria, the Planning Commission shall also consider the criteria listed under Section 6-3(b)(5) (A) through (G). In considering the criteria, the Planning Director recommends the following: (A) Such use would 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 -3-