PD BACKGROUND REPORT (PL-SPP-2022-000027)

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The Applicants sought and received the Commission's approval on April 4, 2008, to extend the life of the permit January 17, 2013. Finally, at its meeting of March 7, 2013, the newly constituted Windward Planning Commission granted the Applicants' request to extend the life of the permit by an additional 10 years. The approval was from the effective date of the letter approving the extension (March 21, 2013). (See Exhibit A) B. Nature of Requests The Applicants are now seeking to delete the sunset clause or, in the alternative, extend the life of the permit by an additional 10 years to March 21, 2033. Ill. JUSTIFICATION OF REQUEST In making this request, the Applicants respectfully submit that the reasons for granting the original permit and its extension (see Exhibit A) are still applicable. Specifically, these reasons, in summary, were: 1) not being contrary to the basic objectives of the Land Use Law, particularly its relationship to agricultural lands and the County General Plan; 2) not having significantly adverse impacts to the character of surrounding properties and their improvements; and 3) not unreasonably burdening public agencies to provide infrastructure and services. Notwithstanding the original reasons for approval, the Applicants respectfully provide the following amplified justifications to reflect current infrastructure and regulatory situations. A. 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 Chapter 205, Hawaii Revised Statutes (HRS), as amended. In recognizing that lands within the agricultural districts, in spite of its agricultural classification, might not be best suited for agricultural activities; 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. In addition, the State Land Use Law and Regulations are intended to preserve, protect and encourage the development of lands in the State for those uses to which they are hest suited in the interest of the public health and welfare of the people of the State of Hawaii. 2