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MICHAEL J. MATSUKAWA <br /> ATTORNEY AT LAW <br /> Chapter 205, HRS <br /> Section 205-2(d), HRS <br /> Legislature's Outline of <br /> Permitted Uses on Land <br /> I <br /> ---4 but if soil class <br /> of land has rating <br /> of C, D, E or U 4 go to 205-4.5(c), HRS and to 205-5, HRS <br /> 205-5(a) County may exercise its zoning power in the district. <br /> 205-5(b) State Land Use Commission may determine what is <br /> "compatible with" the Legislature's outline of uses in <br /> 205-2(d) -and- Counties may "define" what is an <br /> "accessory" use. <br /> It is important to note that (1) the Legislature did not describe a flood <br /> control project to be a permitted use in its outline of uses in Section 205-2(d), <br /> HRS. Since the soil class of the land in SPP 16-000188 is C, D, E or U, the <br /> State Land Use Commission is to determine if a flood control project is "compa- <br /> tible with" the Legislature's outline of permitted uses in Section 205-2(d), HRS, <br /> but the State Land Use Commission has not made such a "compatibility" deter- <br /> mination. Nor has the Hawaii County Council enacted an ordinance that <br /> "defines" a flood control project to be an "accessory" use. <br /> As to the other augmented activities, the Legislature did not describe the <br /> landowner's augmented activities, which some have described to be a "quarry," <br /> to be a permitted use in its outline of uses in Section 205-2(d), HRS. The State <br /> Land Use Commission has not determined that the augmented activities are <br /> "compatible with" the Legislature's outline of permitted uses. Further, the <br /> Hawaii County Council has not "defined" the augmented activities to be <br /> "accessory" uses. <br /> B. <br /> Prior Permitting History <br /> for the Flood Control Project <br /> The land on which the activity referred to in SPP 16-000188 is or was <br /> occurring is comprised of two separate but adjoining parcels that are owned by <br /> the same landowner and that are designated as Tax Map Key (3) 7-5-17: 31 <br /> and 44. The planning department's background report states that in 2000, the <br /> former Planning Commission issued Special Permit No. 1047 to the landowner <br /> to build a coffee visitor center on Tax Map Key No. 31. A condition to Special <br /> Permit No. 1047 requires the landowner to make flood control improvements <br /> (the flood control project) to dispose of flood waters affecting both parcels of <br /> 31 F1 a g r <br />