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to establish rules, and Rule No. 6 says you can approve Special Permits in agricultural <br />districts. Also, Ordinance No. 889 is part of the County ordinance. It does not exist a <br />part and separate from the Hawaii County Code and was never mean <br />Now, the Hawaii County Code lists churches as a use in an agricultural district if a Use <br />Permit is obtained. So we feel that Rule No. 6 lays out the process for obtaining this <br />Special Permit. <br />Now if you were to have the belief that Ordinance No. 889 were separate and a part from <br />the County Code, then what would be your required height limits on this particular lot? <br />What would be your yard setback requirements? ItÓs not mentioned in Ordinance <br />No. 889 because Ordinance No. 889 is a part of the Hawaii County <br />The rules of the Planning Commission and the State Land Use Commission require that <br />certain criteria are met in order that the special use be approved. We believe that all of <br />those criteria have been met by this particular application by the Kamuela Congregation <br />of JehovahÓs Witnesses. And if you look at our proposed Findings and Conclusions, we <br />state why we believe we met all the criteria. But IÓd like to f <br />where the Hearings Officer felt, in her opinion, that the criteria for the Special Permit was <br />not met. <br />Now, for example, does the proposed church use within a half-acre portion of a lot in an <br />agricultural district promote the objectives and effectiveness of HRS, Chapter 205? We <br />know that this is a question that, you know, even I wrestled with, you know, how does it <br />promote those objectives and effectiveness of HRS, Chapter 205 relating to agricultural <br />districts? But then when you think about the State Land Use law, they stated what their <br />objectives were. Now how did they try to see that their objectives were met? Well, they <br />promulgated rules and regulations whereby it would not contradict their objectives and <br />effectiveness of their, that State Land Use law. So, in effect, they set out the guidelines <br />on how non-agricultural uses could be considered then in Special Permits. <br />Therefore, we feel itÓs reasonable to conclude when these criteria are met, all of the rest <br />of the criteria just like the Hearings Officer concluded to a reasonable degree, then the <br />State Land Use law achieved what it set out to do, and that the proposed use meeting <br />these criteria, would not be contrary, then, to the objectives and effectiveness of <br />Chapter 205. <br />Consider this, itÓs a half-acre for a church use out of a five-acre lot. Consider that <br />90 percent of the lot is still available for agricultural use. Consider a site that has been <br />unused for agriculture for 20 years. Consider a site that is part of an agricultural <br />subdivision that has no agricultural activity. <br />So is the proposed use an unusual and reasonable use of the land? We feel reasonably the <br />answer has to be Ðyes.Ñ <br />13 <br /> <br />