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MICHAEL J. MATSUKAWA <br /> ATTORNEY AT LAW <br /> (4) Should the commission adopt the Planning Director's <br /> conclusions in his letter? No. The commission should affirmatively reject <br /> the planning director's statements in his letter. <br /> (5) If the landowner wishes to withdraw its application in SPP 16- <br /> 000188, should the commission dismiss SPP 16-000188? Yes, but only <br /> upon terms to avoid establishing unintended administrative precedent. <br /> Introduction <br /> Before the Leeward Planning Commission restarts SPP 16-000188, the <br /> commission should review the regulations governing the use of land in the <br /> Agriculture District -- what is permitted, by whom and under what conditions? <br /> The commission should also review the factual record to describe the work that <br /> the landowner is undertaking, which is a combined, multi-purpose flood <br /> control project that is augmented by the landowner's concurrent use of the <br /> project site for additional activities, such as a baseyard, stockpiling and rock <br /> crushing for commercial purposes. <br /> According to the landowner, it did not need a Special Permit for the flood <br /> control project, but that it did need a Special Permit for the augmented <br /> activities that the landowner would be engaged in concurrently with the flood <br /> control project on the same project site. For reasons stated below, the <br /> landowner needs a Special Permit for both the flood control project and the <br /> augmented activities. <br /> [ Main Project ] [ Augmented Activities ] <br /> Rock Crushing for Commercial <br /> Flood Control Project -and- Purposes, Baseyard, etc. <br /> A. <br /> Regulatory Structure <br /> In Section 205-2(d), HRS, the Legislature outlined the uses that are <br /> permitted in the Agriculture District. If the soil of the land falls into produc- <br /> tivity rating class C, D, E or U, the Legislature gave the State Land Use <br /> Commission the authority to determine what kind of activity on land with <br /> "non-prime" soils is "compatible with" with the Legislature's outline of <br /> permitted uses in Section 205-2(d), HRS. The Legislature also gave the <br /> counties the authority to "define" what is "accessory" to the Legislature's <br /> outline of permitted uses. <br /> 2111a g o <br />