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WPC PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND ORDER
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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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commission may impose additional restrictions as may be necessary or <br /> appropriate in granting the approval including the adherence to representations <br /> made by the applicant." <br /> 62. Commission Rule 6-7, provides, in the relevant part, that: <br /> "The Commission shall not approve a Special Permit unless it is found <br /> that the proposed use: <br /> (a) Is an unusual and reasonable use of land situated within the <br /> Agricultural... District...; and <br /> (b) Would promote the effectiveness and objectives of Chapter 205, <br /> Hawaii Revised Statutes, as amended. <br /> The Commission shall also consider the criteria listed under <br /> Section 6-3(b)(5)(A)through (G)." <br /> 63. Planning Commission Rule 6-3(b)(5)(A) through (E) <br /> A. Such use shall not be contrary to the objectives sought to be <br /> accomplished by the Land Use Law and Regulations; <br /> B. The desired use shall not adversely affect surrounding properties; <br /> C. Such use shall not unreasonably burden public agencies to provide <br /> roads and streets, sewers,water, drainage, school improvements, <br /> and police and fire protection; <br /> D. Unusual conditions, trends and needs have arisen since the district <br /> boundaries and regulations were established; <br /> E. The land upon which the proposed use is sought is unsuited for the <br /> uses permitted within the district; <br /> F. The proposed use will not substantially alter or change the <br /> essential character of the land and the present use; and <br /> G. The request will not be contrary to the General Plan and official <br /> Community Development Plan and other documents such as <br /> Design plans. <br /> 64. The criteria under Hawaii Administrative Rules (HAR) Section 15-15- <br /> 95(c)(1)through 15-15-95(c)(5),which is the Criteria the LUC uses to <br /> review special permits, are almost identical to Planning Commission Rule <br /> 6-3(b)(5)(A)through (E). <br /> 12 <br />
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