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*PD RECOMMENDATION REPORT (PL-SPP-2022-016)
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2023
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2023-07-07 Windward
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Item 4 Robert J. Silber (PL-SPP-2022-000016) - Withdrawn by Applicant 7.6.2023
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Board Packet Materials from 01.06.23 WPC Hearing
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*PD RECOMMENDATION REPORT (PL-SPP-2022-016)
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economic opportunity for Puna's residents (Goal 3.1. Lb). The proposed request will <br />allow the applicant an opportunity to improve their quality of life, provide an <br />environment that allows this new economic opportunity and increase the development of <br />the wellness visitor industry for Hawaii. Thus, the request is consistent with the goals <br />and objectives of the Puna CDP. <br />According to Section 25-1-5(b) of the Zoning Code, a "lodge" means a building <br />or group of buildings, under single management, containing transient lodging <br />accommodations without individual kitchen facilities, and no more than 40 guest rooms <br />or suites, and generally located in agricultural, rural or other less populated areas. The <br />proposed use meets this definition of lodge as 22 transient lodging rooms without <br />individual kitchen facilities will be provided for guests on the property, the Center will <br />operate under single management, and the property is located in an agriculturally zoned <br />area. Accordingly, the proposed Center will not be contrary to Zoning Code. <br />Based on the preceding, the proposed use is consistent with the General Plan, the <br />PCDP and Zoning Code. <br />The proposed use is not contrary to the objectives sought to be accomplished <br />by Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management <br />program. The Special Management Area (SMA) is part of the Coastal Zone <br />Management Program regulated by the County. The property is located outside of the <br />SMA, approximately 0.4 miles away from the nearest shoreline and will not be impacted <br />by coastal hazards or affect beach erosion, coastal ecosystems and marine resources. <br />Additionally, there is no record of a designated public access to the shoreline or mountain <br />areas that traverses the property. Based on the preceding, the proposed use is not <br />contrary to the objectives of Chapter 205A, Hawaii Revised Statutes relating to Coastal <br />Zone Management. <br />The request will not have a significant adverse impact to traditional and <br />customary Hawaiian Rights. In view of the Hawaii State Supreme Court's "PASH" <br />and "Ka Pa`akai O Ka`Aina" decisions, the issue relative to native Hawaiian gathering <br />and fishing rights must be addressed in terms of the cultural, historical, and natural <br />resources and the associated traditional and customary practices of the site: <br />-10- <br />
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