2003-06-20 TWOOD - Laserfiche WebLink

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HAYASHI:Orchidland -. KUBOTA:No, the other one. HAYASHI:Oh, L-e-c-a-t-e-s. ThatÓs Michael and Kimberly L-e-c-a-t-e-s. KUBOTA:Lecates. HAYASHI:Lecates. KUBOTA:YouÓre waiting? SPRINGER:IÓm waiting. Yes, MaÓam. KUBOTA:Oh, IÓm sorry. SPRINGER:No, no, no. I assumed that you were collecting your thoughts, preparing to make the motion. KUBOTA:No, IÓm not collecting my thoughts. I was waiting for so to say something. Madam Chair, I move that the request submitte Kimberly Lecates and Orchidland GulsonÓs LLC, their request to withdraw standing, be accepted. MINA:Second. SPRINGER:Thank you. Moved by Commissioner Kubota and seconded by Commissioner Mina that this HawaiÒi County Planning Commission accept the withdrawal of Michael and Kimberly Lecates and Orchidland GulsonÓs, LLC from a contested case on this matter. All those Commissioners in favor of doing so, say aye. COMMISSIONERS:Aye. SPRINGER:Any opposed? Thank you. That motion carries. And, no can move back to discussion of this request to amend Special Permit No. 870. Commissioners, is there any more discussion on this matter? Commissioner Graham? GRAHAM:I had a more broad issue that I want to bring up about -. Essentially when we read the Statutes that we were given as part of our materials that this is part of, which is 205 and is authorized by Hawaii Revised Statutes 205-6, it authorizes the use of special permits for purposes like we had today, non-agricultural uses in the Agricultural District. I worry that this will generate zoning piecemeal by doing this kind of permit. And I noticed in our material that we, where we had listed HRS 205, thereÓs an Attorney General opinion which says, ÐSpecial Permits cannot be granted to authorize uses which have the effect of making boundary change or creating new districts.Ñ So it seems like weÓre sort of creating a little urban area there with 20