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PD RECOMMENDATION REPORT (AMEND SPP 1139 _ PL-SPP-2022-023)
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2022-11-03 Windward
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Item #2 Shaleen Curlee (PL-SPP-2022-000023_Amend SPP 1139)
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PD RECOMMENDATION REPORT (AMEND SPP 1139 _ PL-SPP-2022-023)
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10/28/2022 3:16:47 PM
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10/26/2022 12:59:30 PM
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parcels, one of which is owned by the original subdivider and the other is owned by <br />Paradise Hui Hanalike. Neither landowner has plans to develop these parcels in the near <br />future. Therefore, it would be reasonable to delete Condition No. 2, allowing the <br />applicant to continue to operate their business on the subject property and allowing the <br />permit to run with the land. <br />Based on the preceding, the amendment request with modifications will not be <br />contrary to the goals of the General Plan or the PCDP. <br />Granting of the amendment request with modifications would not be <br />contrary to the original reasons for the granting of the Special Permit. The original <br />reasons for the approval of Special Permit No. 1139 are still applicable today and the <br />request is not contrary to these reasons. The use would continue to be an unusual and <br />reasonable use of lands situated within the Agricultural District and will not be contrary <br />to the objectives of Chapter 205, HRS, as amended. The land upon which the existing <br />use is sought is unsuited for the uses permitted within the district. It is classified as "E" or <br />"Very Poor" for agricultural productivity by the Land Study Bureau and unclassified by <br />the Agricultural Lands of Importance to the State of Hawaii (ALISH) Map. The use will <br />not adversely affect surrounding properties. The applicants have maintained a thick <br />landscaping buffer to help minimize impacts to surrounding properties and the roadways. <br />Since the approval of the most recent amendment to the Special Permit, the Planning <br />Department has not received any complaints regarding the operation. Lastly, the <br />continued operation will not unreasonably burden public agencies to provide roads and <br />streets, sewers, water, drainage, and police and fire protection. <br />According to the Department of Public Works -Building Division (DPW), there is <br />no record of an approved change of use building permit for the agricultural storage <br />building being used for an auto repair shop and towing operation. <br />According to the Department of Health (DOH), there is no record of an approved <br />individual wastewater system serving the auto repair shop and towing operation. <br />To address DOH's concern, the Director is recommending a condition of approval <br />that will require the applicant to secure all necessary building permits and to complete the <br />change of use from an existing agricultural storage building to an auto repair shop and <br />-3- <br />
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