COM 0388.000 2022-2024 - Laserfiche WebLink

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agricultural uses, open space, scenic viewsheds, and natural beauty. Development and use of properties in the Agricultural area shall be limited to agriculture, related economic infrastructure and cottage industries, renewable energy, open area recreational uses, and community facilities, unless otherwise permitted by law. The proposed development will allow for the continued use of the properties for agricultural purposes. The applicant has concurrently submitted a Change of Zone request from the existing Agricultural-20 acre (A-20a) zoning district to Agricultural-5 acre (A-5a) zoning district for the subject property. The Agricultural zoning district provides for agricultural and very low density agriculturally based residential use, encompassing rural areas of good to marginal agricultural and grazing land, forest land, game habitats, and areas where urbanization is not found to be appropriate. The applicant intends to create a four- lot subdivision inclusive of farm dwellings which are all permitted uses in the requested Agricultural zoning district. Therefore, the proposed development is consistent with the General Plan and with CountyZoningCode and will conform to the requirements of the q zoning district relative to permissible uses, maximum allowable height, and minimum yard setbacks. The project site is located within an area that is adequately served with essential services such as water and other utilities. Conditions of approval of the concurrent change of zone request will require the applicant to connect to County water and provide mitigation for impacts to the other essential services such as individual wastewater treatment systems. Based on the preceding, the proposed development is consistent with the General Plan, HCDP, and Zoning Code. The development will to the extent feasible, reasonably protect native Hawaiian rights if they are found to exist. In view of the Hawai`i State Supreme Court's "PASH" and "Ka Pa'akai 0 Ka'Aina" decisions, the issue relative to native Hawaiian rights, such as gathering and fishing rights, must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site. Investigation of valued resources: No professional archaeological and cultural study was conducted of the property as the subject property has been previously impacted by ground-disturbing activities associated with residential development and farming. The Planning Department has no record of any cultural or historic resources on the property. The valuable cultural, historical, and natural resources found in the area: Neither the applicant nor the Planning Department are aware of any cultural or historic resources on the property. Additionally, there are no known customary or Native Hawaiian cultural rights exercised on the property. A request for review of the application was sent to the State Historic Preservation Division (SHPD) as a part of this application process. By letter dated May 31, 2023, the State Historic Preservation Division determined that no historic properties would be affected by the proposed project. No professional flora or faunal surveys were conducted on the site as the property has historically been used for intensive agricultural activities (sugar cane) and has since been developed with a dwelling and it is unlikely that there are any valued cultural, historical, and natural resources to be found in the rezoning area. Possible adverse effects or impairment of valued resources: There is no evidence of any possible adverse effects or impairment will occur to any valued resources. Feasible actions to protect native Hawaiian rights: As there is no evidence of any 5