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PD RECOMMENDATION REPORT (PL-SPP-2022-000013)
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2022-12-01 Windward
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Item #1 Orchidland Neighbors (PL-SPP-2022-000013)
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PD RECOMMENDATION REPORT (PL-SPP-2022-000013)
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11/23/2022 10:47:55 AM
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Commission Rules. It states that the Planning Commission shall not approve a Special <br />Permit unless it is found that the proposed use (a) is an unusual and reasonable use of land <br />situated within the Agricultural or Rural District, whichever the case may be; and (b) the <br />proposed use would promote the effectiveness and objectives of Chapter 205, Hawaii <br />Revised Statutes, as amended. <br />The proposed use is an unusual and reasonable use of land situated within the <br />State Land Use Agricultural District and would promote the effectiveness and <br />objectives of the State Land Use Law and Regulations and Chapter 205, HRS, as <br />amended. The State Land Use Law and Regulations are intended to preserve, protect and <br />encourage the development of lands for those uses to which they are best suited in the <br />interest of the public welfare of the people of the State of Hawaii. In the case of the <br />Agricultural District, the intent is to preserve or keep lands of high agricultural potential in <br />agricultural use. <br />The proposed use is unusual in that it is not an agricultural use of that property. The <br />proposed use is reasonable in the Agricultural District because, the property does not have <br />a high potential for agriculture and could better serve the community through its use as a <br />multi -purpose community facility. It is therefore determined that the proposed use is an <br />unusual and reasonable use within the Agricultural District and will not be contrary to the <br />objectives of 205A, HRS, as amended. <br />In addition to the above listed criteria, the Planning Commission shall also consider <br />the criteria listed under Section 6-3(b)(5) (A) through (G). In considering the criteria, the <br />Planning Director recommends the following: <br />(A) Such use would not be contrary to the objectives sought to be accomplished <br />by the Land Use Law and Regulations. The State Land Use Law and Regulations are <br />intended to preserve, protect, and encourage the development of lands for those uses to <br />which they are best suited in the interest of the public welfare of the people and the State <br />of Hawaii. In the case of the Agricultural District, the intent is to preserve or keep lands <br />of high agricultural potential in agricultural uses. The property is not considered to have <br />high agricultural potential from a resource perspective due to the soil type and its low <br />productivity rating, which is typically used for grazing pasture lands and not agriculture. <br />-3- <br />
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