HomeMy WebLinkAboutPD RECOMMENDATION REPORT (PL-SPP-2022-000011) ASIAA-PL-SPP-2022-000011-04-10-22
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
ACADEMIA SINICA INSTITUTE OF ASTRONOMY AND ASTROPHYSICS
SPECIAL PERMIT APPLICATION (PL-SPP-2022-000011)
Upon review of the request against the guidelines for granting a Special Permit,the Deputy
Planning Director recommends that the request for the temporary operation of an array of satellite
dishes to conduct research on Fast Radio Bursts (FRBs) on an approximately 0.5-acre portion of a
larger 21.80-acre property in the State Land Use Agricultural District be denied by the Planning
Commission. Since this recommendation is made without the benefit of public testimony, the
Deputy Planning Director reserves the right to modify and/or alter this recommendation based
upon additional information presented at the public hearing. This denial recommendation is based
on the following findings:
The applicant is requesting a Special Permit to allow the following uses on a 0.5-
acre portion of a 5-acre lease area within a larger 21.80-acre property:
■ Ten (10)temporary commercial TV satellite dishes (20 feet in diameter)with a six
(6) foot aluminum post with a reception capacity of 400-800 Mega Hertz (MHz).
■ A gravel driveway approximately 100 feet in length and 20 feet in width.
■ One (1) Catchment tank of at least 4,000 gallons capacity for fire suppression at the
north end of the property.
■ One (1) Port-a-potty.
■ Two (2) Storage Containers each at 40 feet long, 8 feet wide and 8 feet-6 inches tall.
■ A small solar power array or rechargeable batteries.
■ The proposed use will be temporary,comprised of a five(5)year lease with the option
to extend the lease another five (5)years.
The grounds for approving a Special Permit are based on Rule 6-7 in the Planning
Commission Rules. It states that the Planning Commission shall not approve a Special
Permit unless it is found that the proposed use: (a)is an unusual and reasonable use of land
situated within the Agricultural District, and (b) the proposed use would promote the
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effectiveness and objectives of Chapter 205, Hawaii Revised Statutes (H.R.S.), as
amended.
The proposed use will not promote the effectiveness and objectives of Chapter
205,H.R.S., as amended. Through the passage of Chapter 205, H.R.S., otherwise known
as State Land Use Law, the State Land Use Commission was established. It called for
classification of all lands in the State and authorized the adoption of rules of practice and
procedure and regulations for land use within the various land use districts. The four (4)
land use districts (Agricultural, Rural,Urban and Conservation) created by the State Land
Use Commission provided the basic legal framework of land uses in the State of Hawaii
and assisted in the implementation of the long-range land use objectives of the State and
Counties. The intent of these statutory provisions is to preserve,protect, and encourage the
development of lands in the State for those uses to which they are best suited in the interest
of the public health and welfare of the people in Hawaii.
The proposed request for the temporary operation of an array of satellite dishes to
conduct research on Fast Radio Bursts (FRBs)is located in an area designated Agricultural
by the State Land Use Commission.As the requested use is not permitted in the State Land
Use Agricultural District, a Special Permit is required to allow for the use to be permitted.
The majority of the 0.5-acre permit area is classified as "C" or"Moderate
Productivity" soil, and a portion is classified as "B" or"High Productivity" soil by the
Land Study Bureau's Overall Master Productivity Rating. "B"classified soil is the best
class of soil for agriculture as there are no Class A lands on the island of Hawaii.
Additionally, the permit area is located on land classified as "Prime Agricultural
Land" by the Agricultural Lands of Importance to the State of Hawaii (ALISH) Map.
Prime Agricultural Land is land best suited for the production of food, feed, forage and
fiber crops. The land has the soil quality, growing season and moisture supply needed to
produce sustained high yields of crops economically when treated and managed, including
water management, according to modern farming methods. The operation of an array of
satellite dishes to conduct research on Fast Radio Bursts(FRBs)on this property,even with
the stated intention that it is temporary,would result in the conversion of land identified as
Prime Agricultural Land to non-agricultural use, which would contradict the State Land
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Use Law and Regulations,intended to preserve,protect and encourage the development of
these lands for uses to which they are best suited.
Lastly, the land is identified as Important Agricultural Land in the Land Use
Pattern Allocation Guide (LUPAG)Map component of the General Plan, which are those
lands with better potential for sustained high agricultural yields because of soil type,
climate,topography, or other factors.
Based on the preceding classifications, this land has been identified as
having high agricultural potential for agriculture uses and should be preserved. Thus, the
proposed use will not promote the effectiveness and objectives of Chapter 205, H.R.S., as
amended.
The request would be contrary to the General Plan and Kau Community
Development Plan. The County of Hawai`i's General Plan (General Plan) is the policy
document for the long-range comprehensive development of the island of Hawaii. One of
the purposes of the General Plan is to guide the pattern of future development of the County
based on long-term goals. The General Plan Land Use Pattern Allocation Guide (LUPAG)
Map designates the property as Important Agricultural Lands (IAL),which includes lands
with better potential for sustained high agricultural yields because of soil type, climate,
topography, or other factors. The proposed use of the operation of an array of satellite
dishes is not agricultural in nature and is thus inconsistent with the Important Agricultural
Lands LUPAG designation.
As a policy document,the General Plan and its LUPAG map also provide guidance
for a particular land use pattern that could be considered within a particular area whether
by a change of zone or, as in this situation, a Special Permit. The IAL LUPAG designation
alone does not create a presumption in favor or against this particular Special Permit
application; it simply affords an opportunity for which a Special Permit request can be
considered on a case-by-case basis. This denial recommendation is, in part, based on
conflicts with the following goals and policies of the General Plan:
Preservation of Important Agricultural Land Element
■ Identify,protect and maintain important agriculture lands on the island ofHawai`i.
■ Preserve the agricultural character of the island.
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■ Assist the further development of agriculture through the protection of important
agricultural lands.
■ Protect and encourage the intensive and extensive utilization of the County's
important agricultural lands.
■ Ensure that development of important agricultural land be primarily for
agricultural use.
■ Investigate possibilities to prevent non-agricultural uses that could interfere with
potential or existing agricultural activities on important agricultural lands.
The following course of action from the General Plan is specific to the Ka`u District:
■ Encourage and support the expansion of agriculture, including forestry and the
macadamia nut industry.
The General Plan indicates that the Community Development Plan (CDP) is
intended to implement the broad goals within the General Plan on a regional basis. The
CDP should direct physical development and public improvements within a specific area
and may contain detailed land use and zoning guide maps, plans for roadways, drainage,
parks and other infrastructure and public facilities, architectural design guidelines,
planning for watershed and other natural features.
The subject property is located within the boundaries of the Ka`u CDP, which
encourages development within town/village centers to give residents better access to
public and commercial services while preserving natural and cultural resources by limiting
the spread of development. The subject property is not situated within an area designated
for development in the Ka`u CDP, rather it is designated "Important Agricultural Lands"
in the Regional Land Use Policy Map. The closest town,Pahala, is located approximately
5.6 miles away from the subject property.
The Ka`u CDP steering committee established community objectives based on the
community's values and vision, as summarized in Section 1.5.1, Community Objectives.
Objective 2 addressed sustainable settlement patterns on agricultural lands:
■ Preserve prime and other viable agricultural lands and preserve and enhance
viewscapes that exemplify Ka`u's rural character.
Objective 10 addressed building a resilient local economy:
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■ Encourage and enhance agriculture, ranching, and related economic
infrastructure.
Furthermore, land use policies were created by the Ka`u CDP, to implement
community objectives. The following policies specifically address policy controls to limit
non-agricultural developments on land designated as Important Agricultural Lands,which
includes the subject property:
■ Policy 38: To reinforce existing protections, the official Ka`u CDP Land Use
Policy Map designates agricultural lands in Ka`u as areas to be preserved for
agricultural and open space. Development and construction in "Important
Agricultural Land"and "Extensive Agriculture"areas shall be limited to
agriculture, related economic infrastructure and cottage industries, renewable
energy, open area recreational uses, and community facilities unless otherwise
permitted by law.
■ Policy 40: Special permits of any kind in the "Important Agricultural Land"and
"Extensive Agriculture"Land Use Policy Map categories should not be permitted
in the Ka`u CDP planning area, except for the following uses (as defined in HCC
chapter 25):
■ Agriculture and Related Economic Infrastructure:Animal hospitals,
Veterinary establishments, Fertilizer yards utilizing only manure and soil,
for commercial use
■ Cottage Industry related to Agriculture:Bed and breakfast establishments,
Guest ranches, Lodges, Home occupations
■ Community Facilities: Community buildings, Public uses and structures,
Shooting ranges, ATV courses (in areas without cultural, natural resource
or scenic value)
■ Quarries whose permit conditions address geotechnical, engineering,
safety,private road use, oversight and any site-specific issues
■ Urban Uses in Ocean View: Uses consistent with the LDU, MW and
Industrial LUPAG categories indicated on the Ka`u CDP Land Use Policy
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Map in Ocean View, until the SL U boundaries are amended(from
Agriculture to Urban).
As the subject property is designated within the"Important Agricultural Lands"
Land Use Policy Map category and the proposed use does not fall within any of the
agriculture,related economic infrastructure and cottage industries,renewable energy,
open area recreational uses, and community facilities uses identified by the CDP policies,
the proposed Special Permit is clearly not consistent with the Ka`u CDP.
The desired use will adversely affect the surrounding properties. The subject
property is in the Wood Valley Homestead Lots located roughly 4.5 miles north of
Pdhala. Most of the surrounding area is zoned Agriculture 20-acres (A-20a),with
agricultural land uses and farm dwellings. A large area zoned Forest Reserve (FR) is
located to the north and two parcels to the southeast are zoned Agriculture 5-acre (A-5a)
and Agriculture 10-acre (A-10a). The nearest dwelling is located approximately 380 feet
from the project site to the west across Center Road on TMK: 9-6-008:009. The Planning
Department has received testimony in opposition to the special permit from surrounding
property owners that raise concerns about allowing the proposed project on land that is
designated Prime Agricultural Land, in addition to concerns about safety, the potential to
attract visitors and vandalism, long term health effects, and the experimental nature of the
satellite installation. As of the date of this writing,the Planning Department has also
received two petitions for contested case hearings, from surrounding property owners.
Based on the preceding considerations, the Deputy Planning Director is
recommending that the Planning Commission deny this application for the temporary
operation of an array of satellite dishes to conduct research on Fast Radio Bursts (FR-Bs) on
an approximately 0.5-acre portion of a larger 21.80-acre property in the State Land Use
Agricultural District.
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