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Maile David, Council Chair <br /> and Members of the County Council <br /> County of Hawaii <br /> September 30, 2022 <br /> Page 3 <br /> Section 15-15-27 of the Hawaii Land Use Commission Rules determines the <br /> permissible uses within the Rural district. This states: "(a) Permissible uses within <br /> the rural district shall include the following activities: (1) All uses permitted under <br /> section 15-15-25 relating to agricultural uses and those uses that are compatible within <br /> the agricultural district; (2) Low-density residential uses with a minimum lot size of <br /> one-half acre, except as provided by County ordinance pursuant to Section 46-4(c), <br /> HRS..." <br /> The proposed boundary amendment from the Agricultural to Rural district is <br /> necessary in order for the applicant to subdivide its property into two lots approximately <br /> 2.9 acres in size. The minimum lot size in the State's Agricultural district is 1 acre <br /> whereas the minimum lot size in the State's Rural district is one-half acre. The applicant <br /> has stated that the 5.848-acre parcel will be subdivided into two residential/agricultural <br /> lots. <br /> According to HRS 205-3.5, Reclassification of land contiguous to an agricultural <br /> district; approval conditions: <br /> a) Any decision approving a petition for a boundary amendment pursuant to this <br /> chapter where lands in the petition area are contiguous or adjacent to lands in the <br /> agricultural district, shall include the following conditions in the decision granting <br /> approval: <br /> (1) A prohibition on any action that would interfere with or restrain farming <br /> operations; provided the farming operations are conducted in a manner <br /> consistent with generally accepted agricultural and management practices <br /> on adjacent or contiguous lands in the agricultural district; and <br /> (2) Notification to all prospective developers or purchasers of land or interest <br /> in land in the petition area and subsequent notification to lessees or tenants <br /> of the land, that farming operations and practices on adjacent or <br /> contiguous land in the agricultural district are protected under chapter 165, <br /> the Hawaii right to farm act, and that the notice shall be included in any <br /> disclosure required for the sale or transfer of real property or any interest <br /> in real property. <br /> As the subject property is adjacent to the north and south to parcels located in the State <br /> Land Use Agricultural District, the above will be added as conditions of approval. <br /> Based on the foregoing, the requested boundary amendment and subsequent <br /> subdivision would be consistent with the permissible uses of the Rural district. <br />