2024-11-20 Noah Walin, Pacific Rim Land, Inc.

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CONCLUSIONS OF LAW 1. The LUC has jurisdiction over this matter pursuant to section 205-6, HRS,and section 5-15- 95 et seq. HAR. 2. Based upon the record of the proceedings before the Planning Commission, and pursuant to section 205-6, HRS and section 15-15-95 et seq., HAR, the LUC finds that the recommendation of the Planning Commission to approve a State Special Permit for the Petition Area, consisting of approximately 219.990 acres of land situated at Waikoloa, South Kohala, County and Island of Hawaii, Tax Map Key No. (3) 6-8-001: 066 (formerly TMK No. (3) 6-8-001: 005), generally meets the guidelines for determining an "unusual and reasonable use" and"would promote the effectiveness and objectives" of chapter 205,HRS, within the State Land Use Agricultural District. 3. The Project constitutes an unusual and reasonable use within the agricultural district other than those for which the district is classified, and complies with section 205-6(a), HRS. 4. The Project constitutes an exceptional situation where the proposed use would not change the essential character of the district nor be inconsistent therewith. 5. The Project constitutes a use that would promote the effectiveness and objectives of chapter 205, HRS, and complies with section 205-6(c), HRS. 6. The Petition Area is not designated as Important Agricultural Land under Part III of chapter 205,HRS,and therefore the Project does not conflict with any part of chapter 205,HRS, and complies with section 205-6(c), HRS. 15 SP92-381 Waikoloa Development Company Decision And Order on Motion to Amend