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11-02-2021 Applicants' Proposed Amendment to Draft FOF, COL, DO
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Item #3 Connections/CBESS (SPP-12-000138)
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11-02-2021 Applicants' Proposed Amendment to Draft FOF, COL, DO
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Current Draft: CBESS, Proposed Amendment: <br /> �y 66. * * * This paragraph should be stricken <br /> f because it expands the application <br /> ` The proposed Development is of the "Public Trust Doctrine" and <br /> State Land and therefore is will have an effect on future <br /> considered a public trust resource. projects. <br /> The proposed use is not contrary <br /> to the public trust doctrine because The "Public Trust Doctrine" <br /> the Applicants intend to use the protects forests, water resources <br /> land for educational purposes that and prime agricultural lands from <br /> will benefit our present and future unnecessary urbanization. Kauai <br /> generations. Further, on the lower Springs, Inc. v. Planning Comm'n <br /> campus, the Applicants intend to of Cnty. of Kauai, 130 Hawai'i <br /> develop an agricultural program, 407, 426, 312 P.3d 283, 299 (Ct. <br /> which would have cultivated App. 2013) cert. granted sub nom. <br /> gardens to teach children how to Kauai Springs, Inc. v. Planning <br /> grow food. On the upper campus, Comm'n of Cnty. of Kauai, No. <br /> the Applicants intend to create a SCWC 29440, 2013 WL <br /> forestry/conservation program, 4779589 (Haw. Sept. 4, 2013) and <br /> which will focus on forest affd, 133 Haw. 141, 324 P.3d 951 <br /> resource management and (2014). <br /> conservation and forest ecosystem <br /> restoration. Both programs are in The property which was the <br /> line with the public trust subject of the Special Permit <br /> doctrine's goal to promote the Application is not classified as <br /> furtherance of a self-sufficient "important" by the State <br /> State. There are few higher uses of Department of Agriculture, but <br /> land than to educate our keiki on instead, classified as "D" or <br /> how to cultivate, manage and "Poor" for agricultural activity by <br /> restore the land so that the land the State Land Study Bureau. <br /> may be preserved for future <br /> generations <br /> CBESS does not have any additional proposed amendments for the <br /> Commission's consideration. Thank you for your kind attention to this <br /> matter. <br /> Reslectfull , <br /> �d�S. on 6-3( <br /> Attorney at Law <br /> Attorney for Petitioner <br /> Community Based Education Support Services (CBESS) <br /> cc: All parties and counsel <br /> 2 <br />
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