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Heather Kimball, Council Chair <br />and Members of the County Council <br />September 15, 2023 <br />Page 6 <br />dwelling, constructed in the early 1950's, as well as a barn and tack room. There <br />are.no known valued cultural, historical, and natural resources to be -found in the <br />rezoning area. The Department of Land and Natural Resources — State Historic <br />Preservation Division (DLNR-SHPD) provided no objections to the requested <br />change of zone application and stated that no historic properties will be affected <br />for the proposed rezone. <br />■ Possible adverse effect or impairment of valued resources: There is no evidence of <br />any possible adverse effects or impairments that will occur to any valued resources. <br />■ Feasible actions to protect native Hawaiian rights: As stated by the applicants, no <br />-known gathering is taking place on the site. Thus, to the extent to which <br />traditional and customary native Hawaiian rights are exercised, the proposed <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 a Family <br />Agricultural -3 acres (FA -3a) zoning district to an Agricultural -5 acres (A -5a) zoning <br />district would result in an appropriate land use pattern that would further benefit the <br />general public. <br />The accompanying draft bill to amend Section 25-8-15 (Hamakua 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 draft <br />bill. <br />