PD Background Report (PL-SPP-2023-000040)

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COUNTY OF HAWAKI PLANNING COmmvp.,QIn� N FUNDING WDC PROPERTIES,LLC SPECIAL PERMIT NO.538 REQUEST TO AMEND CONDITION N0. 4 (LIFE OF PERMM Special Permit No. 538 was approved by the Planning Commission on October 12, 1983, and subsequently amended on May 22, 1985, May 24, 1990, June 22, 1995, May 5, 2000 and March 18, 2005. The March 18, 2005 amendment to Condition No. 4 allowed an additional 10 years to the life of the permit: "This permit shall be effective until June 30, 2015." The applicant is requesting an amendment to Condition No. 4 to extend the life of Special Permit No. 538 for a period of ten (10) years until June 30, 2025. The property is located at the southeastern corner of the Queen Ka`ahumanu Highway and Waikoloa Road intersection, Waikoloa, South Kohala,Hawaii,TMK: 6-8-01:043 (portion). Approval of this request would not be contrary to the objectives sought to be accomplished by the Land Use Law and Regulations. The establishment of the Waikoloa Heliport and related improvements within the State Land Use Agricultural District and the County's Agricultural-5 acre zoned district was originally permitted through the Special Permit review process. The Special Permit process provides an avenue to review and analyze proposed projects on a case-by-case basis relative to infrastructure and impacts on surrounding properties and existing uses as well as the General Plan goals and policies. Approval of an additional ten- year life to Special Permit No. 538 would not be in conflict with the agricultural objectives of Chapter 205, Hawaii Revised Statutes, as amended. The State Land Use Law and Regulations are intended to preserve, protect and encourage the development of lands in the State for those uses which they are best suited in the interest of public health and 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 project site is comprised of A'a lava, which has been classified as "E" or "Very Poor" for agricultural productivity by the Land Study Bureau's Detailed Land Classification System and which is not classified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) system. The land upon which the proposed use is sought is not well suited for agricultural uses permitted within the district. The continued operation of a heliport facility within the project site will not displace any agricultural activity nor diminish the agricultural potential of the surrounding area. Therefore, the continued use of the heliport would not be contrary to the objectives of the State Land Use Law for the Agricultural District. Continued use of the heliport facility for a period of ten years will not adversely affect surrounding properties. The ingress-egress routes to and from the heliport, which have the greatest potential of impacting surrounding lands,have been selected to avoid noise sensitive areas, such as residential and resort areas. Flights over the area makai of Queen Ka`ahumanu Highway from `Anaeho`omalu to Kawaihae are prohibited, except in the event of an emergency or if required for safety reasons. Existing flight patterns avoid the nearest residential areas of the Waikoloa Village, located approximately four miles east of the facility, and Puako, located approximately four miles north of the facility, as well as the resort areas along the coast. To date,the Planning Department has not received any complaints from the general public regarding -I-