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Heather Kimball, Council Chair <br />and Members of the County Council <br />September 15, 2023 <br />Page 5 <br />action will not affect traditional Hawaiian rights; therefore, no action is necessary <br />to protect these rights. However, a condition of approval will be added for the <br />protection of inadvertent finds should any remains of historic sites, such as rock <br />walls, terraces, platforms, marine shell concentrations or human burials be <br />encountered. <br />Lastly, this recommendation is made with the understanding that the applicants <br />remain responsible for complying with all other applicable governmental requirements in <br />connection with the proposed use, prior to its commencement or establishment upon the <br />subject property. Additional governmental requirements may include the issuance of <br />building permit, compliance with the Fire Code, installation of improvements required by <br />the American with Disabilities Act (ADA), among many others. Compliance with all <br />applicable governmental requirements is a condition of this approval; failure to comply <br />with such requirements will be considered a violation that may result in enforcement <br />action by the Planning Department and/or the affected agencies. <br />Based on the preceding findings,.the request to rezone the property from an <br />Agricultural -3 acres (A -3a) zoning district to a, Family Agricultural -1 acre (FA -la) <br />zoning district would result in an appropriate land use pattern that would further <br />benefit the general public. <br />The accompanying draft bill to amend Section 25-8-33 (Hilo District Zone Map), <br />Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code, is provided for your <br />favorable consideration. Please note the proposed conditions of approval attached to the <br />draft bill. - <br />This recommendation does not, however, sanction the specific plans submitted with the <br />application as they may be subject to change given specific code and regulatory requirements of <br />the affected agencies. <br />The Planning Department's background . report, recommendation report, PowerPoint <br />presentation, and public testimony are available for review at the following Laserfiche WebLink <br />address: https:Hrecords.hawaiicounty.gov/WebLink/l/fol/125159/Rowl.gWx <br />The transcript of the hearing is available for review at the following Laserfiche WebLink <br />address: https://records.hawaiicounty.gov/WebLink/l/fol/125534/Rowl.gWx <br />