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continuation of true agricultural uses. As a model Hamakua has not <br /> only set the pace for island agriculture, but it positively affects the <br /> economy, culture and social fabric of the community. As a result, <br /> Hamakua is recognized not only for its agricultural offerings but also for <br /> its ethnic, cultural leadership and economic diversity. It is a place where <br /> its children and children's children can expect to live and work surrounded <br /> by healthy, responsible and diverse agriculture." <br /> <br /> With these thoughts in mind, Hamakua should not be considered an area where retreat <br /> <br /> and/or resorts should be encouraged. Therefore, any reference that retreats and <br /> <br /> resorts belong in Hamakua is erroneous and should be deleted from the General <br /> <br /> Plan. Please request that these statements be deleted from the Draft before the final vote <br /> <br /> on the General Plan. <br /> Keeping the above thoughts and vision statement in mind, I would now like to turn from <br /> <br /> the General Plan to the Zoning Code. <br /> Dr. Holschuh as we discussed the Kapulena community is extremely concerned about the <br /> Special Permit Process as allowed by Section 25-5-72 of the Hawaii County Code. <br /> Under this section a number of uses are permitted on agricultural lands. Some uses <br /> require what is called a special permit. Any person may apply for a special permit with <br /> the proper documents and a $100 fee. What this comes down to is people are being <br /> allowed to change the zoning on a piece of property without having to go to the trouble to <br /> rezone it. This is happening mainly on agricultural land. Because these permits run with <br /> the land, this action results in the loss of agricultural land in perpetuity and is tantamount <br /> to spot zoning anywhere for $100. If the County allows the special permit process to <br /> continue there may as well be no zoning code at all. <br /> The County Planning Office also has been advising people to use the special permit <br /> process to legitimize illegal structures that they have built on their property. I suggest to <br /> you, that by doing this, the County is in essence giving people a reason to build illegally <br /> after which they can legitimize those structures by way of getting a special permit. The <br /> Kapulena community is very familiar with this scenario because we have had several <br /> neighboring properties try to resolve illegal structures in this way. To compound <br /> matters, the Land Use Committee is made up of people who can't be held accountable far <br /> their decisions because they are not elected officials. 1 believe that any special use permit <br /> should be brought to the attention of our elected officials, i.e. the County Council. <br /> As you will recall, you attended a meeting with the Kapulena community along with <br /> Robert Usagawa and Daryn Arai of the Planning Department back in August of 2004. <br /> During that meeting Mr. Arai stated that the Land Use Committee has never turned down <br /> an application for a special permit. This is extremely alarming as some people are being <br /> rewarded with permits to legitimize illegal structures and operations through the Special <br /> Permit process. This is a giant loophole in the zoning code. Robert Usagawa stated he is <br /> the only person responsible for checking on violations for the entire county. He also <br /> <br />