PD Recommendation Report (PL-SPP-2022-000025)

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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. 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. The subject property is 10.7 acres in size and located approximately 3.5 miles north of Pahala along Wood Valley Road in Ka`u. The property is currently vacant of any structures and is mainly comprised of non-native shrubs and grasses such as guinea grass and desmodium vine. The applicant states that the subject property, including the 2.0-acre Special Permit area, is presently used for ranching by the landowner. The request is unusual in that the proposed use is not strictly agricultural in nature. The proposed facility will be located on a 2.0-acre portion of the larger subject property and the applicant has proposed to continue the present ranching use on the remaining area. Additionally, the proposed use will be temporary in nature (a maximum of 10 years) and the applicant will be required to return the site to its original condition, thus, it will not diminish the existing and future potential for agricultural activity on the subject property. Based on the preceding, the subject request is considered an unusual and reasonable use of agricultural land. 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 Deputy Planning Director recommends the following: (A) Such use shall 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 those uses to which they are best suited in the interest of the public welfare of the people and the State of Hawaii. In the case of the Agricultural District, the intent is to preserve -3-