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WPC PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND ORDER
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2021
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2021-11-04 Windward
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Item #3 Connections/CBESS (SPP-12-000138)
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WPC PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND ORDER
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58. The County of Hawaii zoning for the Property is Agricultural with a <br /> minimum lot size of one acre (A-la). Under Section 25-5-72(d) of the Hawaii County Code, a <br /> school is permitted in an Agricultural zoned district provided that a special permit is issued for <br /> the use if the land is within the State Land Use Agricultural District. <br /> 59. The Development,which will be located on State land, is subject to the <br /> Hawai'i State Environmental Impact Statement law, Chapter 343, Hawaii Revised Statute <br /> ("HRS"). Connections prepared an environment assessment in accordance with HRS Chapter <br /> 343, and a declaration with a finding of no significant impact was issued for the Development by <br /> the State of Hawaii Department of Land and Natural Resources. State of Hawaii leased the <br /> land to Connections for sixty-five (65)years under General Lease No. S-6029. <br /> 60. The Property is not situated within the Special Management Area <br /> ("SMA"), since it is located over three miles from the nearest shoreline. Thus, the coastal <br /> environmental considerations relating to the SMA are not applicable to the subject Property. <br /> V. SPECIAL PERMIT REQUIREMENTS <br /> 61. HRS Section 205-6,which governs special permits provides, in the <br /> relevant part, as follows: <br /> "(a) The county planning commission may permit certain unusual and <br /> reasonable uses within agricultural and rural districts other than those for which <br /> the district is classified. Any person who desires to use the person's land within an <br /> agricultural...district other than for an agricultural...use...may petition the planning <br /> commission of the county within which the person's land is located for permission <br /> to use the person's land in the manner desired. <br /> (c) The county planning commission may, under such protective <br /> restrictions as may be deemed necessary, permit the desired use,but only when <br /> the use would promote the effectiveness and objectives of this chapter. <br /> (d) Special permits for land the area of which is greater than fifteen acres <br /> ... shall be subject to approval by the land use commission. The land use <br /> II <br />
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