SP23-415 Waiawa Correctional Facility (SUP)

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.

Petitioner FilingLand Use Commission (LUC) FilingsState Office of Planning & Sustainable Development (OPSD) FilingsCity and County of Honolulu FilingsPublic CommentsLUC Notices and OrdersCorrespondence

Petitioner:  Honolulu Planning Commission filings for DAGS/Public Safety Waiawa Correctional Facility

If files are not ADA Compliant, please contact Honolulu Planning Commission.

Stipulation by the Parties to remand the Petition (4/25/2023)

Waiawa Correctional Facility Withdrawal Memo (04/19/2023)

 

Transmittal Letter and List of Exhibits (03/29/2023)

Exhibit
#
Description
1 SSFM International Inc. transmittal letter dated September 1, 2022 – the Department of Planning and Permitting (DPP) date stamped September 2, 2022, for a Special Use Permit (SUP) application for the Waiawa Correctional Facility.
2 Submittal of the DPP Planning Division Master Application Form for the SUP application of the Waiawa Correctional Facility.
3 The Waiawa Correctional Facility SUP application report
4 The Waiawa Correctional Facility SUP application report appendices

EXHBIT FILE IS TOO LARGE. File had to be broken down to smaller files to upload to the website.

Appendix A
Appendix B
Appendix C
Appendix D
Appendix E
Appendix F
Appendix G
Appendix H
Appendix I
Appendix J
Appendix K

5 DPP Environmental Checklist
6 TMK 9-6-005:011 Report
7 The DPP acceptance letter dated September 15, 2022, to Ivan Lee of SSFM International, Inc.
8 Notice of Application dated September 16, 2021, Location map, and Summary Description.
9 Agency Review Checklist for Environmental Assessment, Public Infrastructure Map, SUP, and Zone Changes (distribution list for SUP application).
10 Memo from the DPP to City, State, Federal Agencies, Community Organizations, Elected Officials, and Other Interested Parties from DPP, dated September 16, 2022, requesting comments.  Memos included a link to the copy of the application for SUP, summary description and location map of the project.  Memo(s) to Pearl City Neighborhood Board and SUP app download URL info.
11 Copy of mailing labels, including agencies, organizations, and elected officials who were mailed the Notice of Application.
12 SSFM International Inc. transmittal letter of 11 copies of Technical Report with Appendices dated September 16, 2022.
13 Agency comments on the SUP Application by the State Department of Defense; Land Use Commission; Department of Business, Economic Development & Tourism; Department of Transportation, and Department of Land and Natural Resources; and the United States Department of the Interior, Fish and Wildlife Service.
14 SSFM International Inc’s response letter dated October 21, 2022, to the DPP regarding comments from the Land Use Commission.
15 The State Department of Accounting and General Services letter dated and received by e-mail on November 10, 2022, requesting a 30-day time extension to the processing of the SUP application.
16 The November 21, 2022, DPP letter accepting the 30-day extension request from the State Department of Accounting and General Services.
17 Signed cover memos from the DPP to the Planning Commission dated December 9, 2022, transmitting attached Director’s Report and Recommendation for approval of the SUP with conditions.
18 Memo from the DPP to the PC dated December 9, 2022, transmittal of Director’s Report, exhibit 1 – Figures and Exhibit 2 included, received December 9, 2022
19 Written testimonies to PC – 1) State of Hawaii, Dept. of Accounting and General Services, and 2) State of Hawaii, Dept. of Public Safety
20 Planning Commission Notice of Public Hearing for January 11, 2023, Meeting, Star-Ad publication on December 12, 2022
21 Planning Commission Agenda for January 11, 2023, Meeting
22 Planning Commission January 11, 2023, Meeting Transcript, adopted January 25, 2023
23 Planning Commission Agenda for January 25, 2023, Meeting
24 Planning Commission January 25, 2023, Meeting Transcript, adopted February 22, 2023
25 Planning Commission Agenda for February 22, 2023, Meeting
26 Findings of Fact, Conclusions of Law, and Decision and Order, State Special use Permit, File No. 2022SUP-3, adopted Feb. 22, 2023.
27 Planning Commission February 22, 2023, Meeting Transcript, adopted March 8, 2023.
28 Planning Commission Agenda for March 8, 2023, Meeting
29 Planning Commission March 8, 2023, Meeting Minutes Summary
30 Transmittal letter from the Planning Commission to State Land Use Commission, March 29, 2023, including Index of the Record, Department of Planning and Permitting File No. 2022/SUP-3, Waiawa Correctional Facility

LUC Comment Letter to County (09/28/2022 pre-docket)

Staff Report (04/21/2023)

 

No filing has been received at this time.

 

No filing has been received at this time.

 

No filing has been received at this time.

 

Order Granting Stipulated Request to Remand Petition for After the Fact (05/03/2023)

 

Agenda & Minutes

April 26, 2023:  Agenda |Minutes| YouTube

 

No filing has been received at this time.