2017-10-05 Hearing Transcript - Hawaii Johns SPP 09-082

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Here's Highway 19 looking south toward Hilo. I just put this picture in here because I wanted to show one of the requirements of the original permit was to plant some visual screening, and as we were driving out the other day to go visit, we passed it by `cause I couldn't see it. So, the visual screening has worked. Here in the lower left is photos of the portable toilet storage area, and on the right as well. So, the Planning Director is recommending to deny the request to delete Condition No. 2 to remove the life of the permit. The main reason is deleting the condition would be contrary to the reasons the Planning Commission originally granted the Special Permit. Ultimately, the original permit was meant to be temporary. The PC at the time was responding post -2008 economic downturn. They didn't want to have this business closed and have the employees out of jobs, so they found that this was a special situation and wanted to give an opportunity for the Applicant to move to a more appropriate place. And, again, they granted it with the understanding that it would be a temporary situation. The request to allow the Special Permit use in perpetuity would not satisfy the criteria for granting a Special Permit. Again, we added in your, in your report the original recommendation from the Planning Director at the time, if they would to come in today with a similar Special Permit request, we would recommend denial for the same reasons. The Planning Department has consistently recommended denial for Special Permits on lands with the highest agricultural potential to ensure that agricultural use in perpetuity. The recommendation is consistent with that precedent. And, finally, lands with the highest agricultural potential should be preserved for bona fide agriculture and should not be used to provide a cheaper alternative to more expensive industrial zoned lands. We did take a quick look. Although they tend to be more expensive, there are lands available in Kona and Kawaihae, both industrially and commercially zoned. And, another option, although it's probably not the best option, is a Special Permit on other agricultural lands that aren't of the highest quality soils. So, there are other options for the Applicant at this point. But, as a compromise, the Director felt it a good idea to allow the Applicant some additional time to find that alternative West Hawaii location. So, he's recommending amending Condition No. 2 so that the permit expires within five years of the effective date of this amended permit which should be around 2022. Just one more thing I want to add before we move on. Page 4, second to the last paragraph, fourth line down, I want to change, "The Applicant did this by leasing industrial zoned land in Hilo" to "purchasing commercially zoned land in Hilo." There's just some inconsistency in my report, and I just wanted to bring that up and change it. We have removed the condition for final plan approval since they already got final plan approval. And, we also removed the condition for an administra—the possibility for an administrative time extension. So, should the Applicant EXHIBIT A 3