2012-57 SPACE SPP 1122 Amend - Laserfiche WebLink

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0 0 HOW THE REQUEST MEETS THE FOLLOWING CRITERIA CHAPTER 205 HAWAII REVISED STATUTES The proposed use is consistent with the Hawaii Revised Statutes. Chapter 205 -5, Special Permit, allows for persons to petition the Planning Commission for approval to use the land for other than agriculture or rural use. Rule 6.3 (5) of the Planning Commission Rules states the granting of the Special Permit requires the applicant to cite how the proposed use would promote the effectiveness and objectives of Chapter 205, HRS, and why the proposal is an unusual and reasonable use of the land. The following criteria shall also be addressed: (A) Such use shall not be contrary to the obj ectives sought to be accomplished by the Land Use Law and Regulations; (B) The desired use shall not adversely affect surrounding properties; (C) Such use shall not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage, school improvements, and police and fire protection; (D) Unusual conditions, trends, and needs have arisen since the district boundaries and regulations were established; (E) The land upon which the proposed use is sought is unsuited for the uses permitted within the district; (F) The proposed use will not substantially alter or change the essential character of the land and the present use; and (G) The request will not be contrary to the General Plan and official Community Development Plan and other documents such as Design Plans. HRS Chapter 205A -2, Coastal Management Program: The intent of the Coastal Zone Management Program is to guide and regulate public and private uses in the coastal zone management area with respect to recreational resources, scenic and open space resources, coastal ecosystems, economic uses, coastal hazards, managing development, public participation, and beach protection. The subject property is one mile from the nearest coastline. However, it should be pointed out that the entire island lies within the Coastal Zone Management Area. The proposed uses in this amended Special Permit application do not interfere nor are they contrary to HRS 205A or any specific land management specifications. The sustainable community arts center demonstration model will not affect the coastal zone or ecosystems. There are no public access routes or scenic resources located on the parcel. EFFECTS ON SURROUNDING PROPERTIES The proposed uses have all been tested and it is apparent that some of them have had an impact on surrounding properties. Where neighbors have expressed concern from impacts we have either stopped testing them or have developed solutions to resolve specific issues. We have engaged in an ongoing dialogue with our neighbors over the last two years and have identified noise as the major concern. A series of meetings has resulted in a prominent member of the concerned neighbors joining our advisory committee and serving as a liaison between us. More than a dozen meetings, consultations and 21