NOTICE OF HEARING

NOTICE IS HEREBY GIVEN of the hearing to be held in the County of Hawaii by the Land Use Commission of the State of Hawaii to consider a petition for change of district boundaries as provided for in Section 205-4, Hawaii Revised Statutes, as amended:

DATE, TIME AND PLACE:

September 6, 2007 – 10:30 a.m.
and September 7, 2007

Waikoloa Beach Marriott
69-275 Waikoloa Drive
Waikoloa, Hawaii

Docket Number
and Petitioner: A06-767 WAIKOLOA MAUKA, LLC
(Hawaii)

Tax Map Keys: (3) 6-8-02: 016 por.

Change Requested: To reclassify approximately 731.581 acres of land currently in the Agricultural District to the Rural District for residential uses at Waikoloa, Hawaii.

Maps showing the proposed district boundaries and copies of the Hawaii Land Use Commission Rules governing the above petition may be inspected at the offices of the Hawaii County Planning Department, 101 Pauahi Street, Suite 3, Hilo, Hawaii, 96720, and the Land Use Commission, Room 406, Leiopapa A Kamehameha Building, 235 S. Beretania Street, Honolulu, Hawaii, 96813, during office hours from 7:45 a.m. to 4:30 p.m., Monday through Friday.

All persons who have some property interest in the land, who lawfully reside on the land, or who otherwise can demonstrate that they will be so directly and immediately affected by the proposed change that their interest in the proceeding is clearly distinguishable from that of the general public shall be admitted as parties upon timely application for intervention.

All other persons may apply to the Commission for leave to intervene as parties. Leave to intervene shall be freely granted, provided that the Commission or its hearing officer, if one is appointed, may deny an application to intervene when in the Commission’s or hearing officer’s sound discretion it appears that: (1) the position of the applicant for intervention concerning the proposed change is substantially the same as the position of a party already admitted to the proceeding; and (2) the admission of additional parties will render the proceedings inefficient and unmanageable. A person whose application to intervene is denied may appeal such denial to the circuit court pursuant to Section 91-14, HRS.

Petitions to intervene shall be in conformity with Section 15-15-52 of the Hawaii Land Use Commission Rules. The petition for intervention with proof of service on all parties shall be filed with the Commission within fifteen (15) days after the publication of this notice.

All persons or individuals wishing to present testimony, orally or in writing, are requested to notify the Commission prior to the commencement of the hearing. Together with other witnesses that the Commission may desire to hear at the hearing, a representative of a citizen or a community group wishing to express the views of such citizen or community group concerning the proposed boundary amendment, is requested to notify the Commission prior to the commencement of the hearing and may be requested to submit written evidence of authorization to represent the citizen or community group. It is suggested that such notification be submitted to the Commission by August 27, 2007.

Any party to the proceeding may be represented by legal counsel. An individual may appear on the individual’s own behalf, or a member of a partnership may represent the partnership, or an officer or authorized employee of a corporation, trust, or association may represent the corporation, trust, or association.

For persons requesting special accommodations due to disabilities, please contact the State Land Use Commission at 587-3822 or notify the State Land Use Commission in writing at P. O. Box 2359, Honolulu, Hawaii 96804-2359, at least 10 days before the scheduled meeting.

LAND USE COMMISSION
LISA JUDGE, Chairperson
By ANTHONY J. H. CHING, Executive Officer
(SB05531040 7/27/07)