COM 1015.000 2022-2024 - Laserfiche WebLink

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Heather Kimball, Council Chair and Members of the County Council County of Hawai i August 09, 2024 Page 3 Additionally, the reclassification action would be consistent with the goals, objectives, and policies of the Hawaii State Plan by encouraging the preservation of rural character and lifestyle. Section 15-15-27 of the Hawaii Land Use Commission Rules determines the permissible uses within the Rural district. This section states: "(a) Permissible uses within the rural district shall include the following activities: (1) All uses permitted under section 15-15-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low -density residential uses with a minimum lot size of one- half acre, except as provided by County ordinance pursuant to Section 46-4(c), HRS..." The proposed SLU boundary amendment from the Agricultural to Rural district is necessary for the applicant to subdivide the property into five residential agricultural lots. The smallest proposed lot size is 0.522, which complies with the State's Rural district minimum lot size of one-half acre. According to HRS 205-3.5, Reclassification of land contiguous to an Agricultural district; approval conditions: a) Any decision approving a petition for a boundary amendment pursuant to this chapter where lands in the petition area are contiguous or adjacent to lands in the agricultural district, shall include the following conditions in the decision granting approval: (1) A prohibition on any action that would interfere with or restrain farming operations; provided the farming operations are conducted in a manner consistent with generally accepted agricultural and management practices on adjacent or contiguous lands in the agricultural district; and (2) Notification to all prospective developers or purchasers of land or interest in land in the petition area and subsequent notification to lessees or tenants of the land, that farming operations and practices on adjacent or contiguous land in the agricultural district are protected under chapter 165, the Hawaii right to farm act, and that the notice shall be included in any disclosure required for the sale or transfer of real property or any interest in real property. As the subject property is adjacent on all sides to parcels located in the SLU Agricultural district, the preceding will be added as conditions of approval. Based on the foregoing, the requested boundary amendment and subsequent subdivision would be consistent with the permissible uses of the Rural district.