FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION AND ORDER (SPP-2021-000005)

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18. Wastewater: As there is no municipal sewer system in the area, wastewater generated by the proposed project will be disposed of by an individual wastewater system(s) meeting the requirements of the Department of Health. 19. Solid Waste: There are no municipal waste collection services in the County. All solid waste generated by the development will be disposed of at the nearest County transfer station. Refuse collected at the Hilo landfill will be eventually transported to the West Hawaii Sanitary Landfill. 20. Other Essential Utilities and Services: Electric,internet, and telephone currently serve the subject parcel. Police and fire services are located approximately 3.5 miles away in Pdhoa. M. CONCLUSIONS OF LAW Based upon the foregoing findings of fact, the Planning Commission makes the following Conclusions of Law, including mixed conclusions of fact and law: A. The Commission has jurisdiction over this Special Permit application pursuant to Hawaii Revised Statutes ("HRS") Section 205-6. In considering a Special Permit for any proposed uses, the Planning Commission must find: i. The proposed use is an unusual and reasonable use of land situated within the Agricultural or Rural District,whichever the case may be; and ii. The proposed use would promote the effectiveness and objectives of Chapter 205, Hawaii Revised Statutes (H.R.S.), as amended. B. In addition to the above, Rule 6-3(5) of the Planning Commission relating to Special Permits requires that the following criteria be met: i. Such use shall not be contrary to the objectives sought to be accomplished by the Land Use Law and Regulations, ii. The desired use shall not adversely affect surrounding properties. iii. Such use shall not unreasonably burden public agencies to provide roads and streetsm sewers,water, drainage, school improvements, and police and fire protection. iv. Unusual conditions,trends, and needs have arisen since the district boundaries and regulations were established. V. The land upon which the proposed use is sought is unsuited for the uses permitted within the district. 7