PD RECOMMENDATION REPORT (PL-SPP-2022-000018)

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land situated within the Agricultural or Rural District, whichever the case may be; and(b) the proposed use would promote the effectiveness and objectives of Chapter 205, Hawaii Revised Statutes, as amended. As the applicant is proposing to amend the scope of the use, the request has been analyzed as if it were a new Special Permit request. 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 request is unusual in that the proposed use is not strictly agricultural in nature. The permit area is a 5-acre portion of the 14.5-acre subject property, and the applicant states that additional guest rooms will stay within the existing 2-acre portion of the permit area presently used for the retreat center. Comments from the Office of Planning and Sustainable Development expressed concern that the 3 remaining acres of the permit area set aside for agriculture shall be preserved. As such, a condition of the permit will require that 3 acres of the 5-acre permit area be maintained for productive agricultural uses. Thus, the proposed use is an unusual and reasonable use of land situated in the State Land Use Agricultural District. 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 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 or keep lands of high agricultural potential in agricultural use. Although the soils on the -2-