PD RECOMMENDATION REPORT - Laserfiche WebLink

Home

The proposed use is an unusual and reasonable use of land situated within the State Land Use Agricultural District. 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 State Land Use (SLU) Agricultural district. The subject property is 2 acres in size and situated within the County's Agricultural-20 acre (A-20a) zoned district. As previously noted, the proposed bed and breakfast will operate within the footprint of an existing dwelling, existing cabana structures will be used as campsites, the only new construction proposed is for a 120-square-foot bathhouse, and the applicants will maintain agricultural uses on the property. Based on the preceding, the proposed use will not diminish the potential for any future agricultural activity on the subject property. Regarding overnight camps in the SLU Agricultural District, comments from the State Office of Planning and Sustainable Development(OPSD)referenced a 2023 Hawaii Supreme Court decision, Ho`omoana Foundation v. Land Use Commission,which in their view prohibited overnight camps in the SLU Agricultural District, even by Special Permit. The Ho`omoana Foundation decision states that "public and private recreational use of overnight camps is not permitted in(Land Study Bureau)class A and B land in agricultural districts." Further consultation with OPSD staff determined that OPSD misinterpreted the Supreme Court decision, and that an applicant can apply for a Special Permit for overnight campgrounds on soils designated by the LSB as C through E. Based on the preceding and given that the subject property's soil is LSB class C and E,the Planning Director feels that a Special Permit is an appropriate path for approval of the requested use on this specific property. Based on the preceding,the subject request is considered an unusual and reasonable use of the agricultural land. 3