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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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upper campus, the Applicants intend to create a forestry/conservation program,which will focus <br /> on forest resource management and conservation and forest ecosystem restoration. Both <br /> programs are in line with the public trust doctrine's goal to promote the furtherance of a self- <br /> sufficient State. There are few higher uses of land than to educate our keiki on how to cultivate, <br /> manage and restore the land so that the land may be preserved for future generations. <br /> CONCLUSIONS OF LAW <br /> The construction and operation of a school is not a permitted use within the State Land <br /> Use Agricultural District pursuant to 205-2, HRS. The Application to develop a K-12 charter <br /> school campus constitutes and "unusual and reasonable" use as provided in HRS Section 205-6 <br /> as established by HAR Section 15-15-95(b) and Commission Rule 6-7(b), and the proposed use <br /> is not contrary to the objectives sought to be accomplished by the State Land Use Law to <br /> preserve,protect, and encourage development of lands in the State for those uses to which they <br /> are best suited in the interest of the public health and welfare. <br /> DECISION AND ORDER <br /> Based upon the preceding Findings of Fact and Conclusions of Law, Special Permit <br /> Application SPP No. 12-000138 submitted by Applicants Connections New Century Public <br /> Charter School and Community Based Education Support Services to develop a K to 12 charter <br /> school campus with dorm facilities and related uses on 70.15 acres situated within the State Land <br /> Use Agricultural District is hereby approved and a favorable recommendation shall be forwarded <br /> to the State of Hawaii Land Use Commission. <br /> DATED: Hilo, Hawaii, November 4, 2021. <br /> By <br /> John Replogle, Chairman <br /> Windward Planning Commission <br /> County of Hawaii <br /> 18 <br />
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