Land Use Commission

Background History of Special Permit Application at Planning Commission:

On Wednesday, January 11, 2023, the Honolulu Planning Commission (“HPC”) met to consider this Application of the State of Hawai`i Department of Accounting and General Services (“DAGS”)/ Department of Public Safety  for an After-the-Fact State Special Use Permit (SUP) to bring the existing Petition Area of approximately 23.7 acres of land within a portion of TMK parcel 9-6-005:011,known as the Waiawa Correctional Facility (WCF) into compliance with respect to State Land Use Law, Chapter 205, Hawaii Revised Statutes (HRS).

Petitioner: State of Hawaii, Department of Accounting and General Services
Landowner: State of Hawaii, Department of Public Safety
Location: 94-670 Kamehameha Highway, Waipahu
Tax Map Keys: 9-6-005: 011 (portion)
Existing Use: Correctional Facility
Existing Zoning: F-1 Federal and Military Preservation
Land Area: Approximately 23.7 acres
Request: The proposed State Special Use Permit (SUP) was intended to bring the Waiawa Correctional Facility into conformance with State Land Use Law, Chapter 205 of the Hawaii Revised Statutes. There were no plans for an expansion of facilities or intensification of use associated with the proposed SUP.

The Department of Planning and Permitting- City and County of Honolulu (“DPP”), transmitted its report and recommendation for conditional approval of the SUP application for the WCF to the Honolulu Planning Commission for its consideration and approval.  In addition to standard conditions of SUP approval, the Director also recommended the Petitioner do the following

• Apply for Planned Review Use approval;
• Consult with the Department of Land and Natural Resources regarding water usage by the WCF;
• Provide an outdoor lighting plan;
• Consult with local kupuna and cultural practitioners regarding traditional and customary native Hawaiian rights in the vicinity of the WCF; and
• Maintain agricultural uses and productivity at the WCF.

The application correspondence also noted that as the Petition exceeds the 15-acre threshold, a favorable decision by the Planning Commission would require a Land Use Commission Special Permit review.

The HPC approved the application and forwarded a complete record of the proceedings to the State Land Use Commission (“LUC”) on March 29, 2023.

 

Docket SP23-415 Hearing at LUC

The LUC scheduled to hear this matter per HAR 15-15-96 on April 26, 2023.

During its proceedings on this matter, the LUC considered a stipulation by the Parties to remand the Petition for the Special Use Permit to the City and County Planning Commission to Supplement the Record.

A motion was made and approved that Docket number SP23-415 requesting an after-the-fact State Special Use Permit (SUP) to bring the existing Waiawa Correctional Facility (WCF) into compliance with respect to State Land Use Law, Chapter 205, Revised Statutes (HRS) be remanded to the City and County of Honolulu’s Planning Commission to supplement the record and including evidence regarding input from the State of Hawai`i Correctional System Oversight Committee; Chapter 343 compliance and environmental assessment concerns; social impacts; whether a special permit is the appropriate action (after review of Neighborhood Board No. 24 vs. LUC-aka 1982 Kapolei Water Park case) to address a facility which appears to be permanent use; and any other matter necessary to complete the record.

The SP23-415 Order Granting the Stipulated Request to Remand was issued on May 3, 2023.