WPC PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND ORDER

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referred to as the "Applicants")filed an application for a special permit("SPP- 12-000138"), pursuant to Section 205-6, Hawaii Revised Statutes ("HRS") and Rule 6 of the County of Hawaii Planning Commission Rules of Practice and Procedure ("Commission Rules"), to allow the development of a charter school campus and related improvements for students in kindergarten through twelfth grade (the "Development"), on 70.15 acres of land situated within the State Land Use Agricultural District, at Ponahawai, Kukdau 2nd, South Hilo, Hawaii, commonly referred to as the"Kaumana" area, Tax Map Key ("TMK") (3) 2-5-006:141 (the "Property"). 2. Public Hearings on SPP 12-000138 were scheduled and notices were provided to interested parties. 3. The Hawaii County Windward Planning Commission ("Commission") initially held public hearings on SPP 12-000138 on November 9, 2012, December 6, 2012, and January 10, 2013. 4. On November 9, 2012, Connections, its experts, and interested surrounding property owners provided testimony and evidence. No requests for a contested case were made. The Commission and Applicants believed that there was not an option for a contested case because the State Land Use Commission ("LUC")would make the final decision to approve or deny SPP 12-000138. The Commission and Applicants agreed to delay vote on SPP 12-000138 to conduct further discussion on traffic and other concerns raised about the application. 5. On December 6, 2012, Connections produced additional information and requested a continuance because the State of Hawaii Attorney General's Office was taking over 1