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Heather Kimball, Council Chair <br />and Members of the County Council <br />County of Hawai i <br />September 09, 2024 <br />Page 5 <br />forgiven for an "allowable but not constructed" dwelling. As such, the Planning Director <br />recommends that fair share contributions be based on the number of newly created lots, <br />excluding those with a dwelling or previously authorized dwelling. A condition of <br />approval will be included to address the preceding. <br />Police, fire, and emergency services are available nearby in Waimea, <br />approximately 3.5 miles from the subject property. In sum, all essential utilities and <br />infrastructure are available to the subject property, to support the requested rezone. <br />There are no severe geological or topographical problems for the property that <br />cannot be properly rectified, or which would render the land unusable. According to <br />the Federal Emergency Management Agency the subject property is in an area designated <br />as Zone X, an area determined to be outside the 500-year floodplain. The property is <br />located over five miles from the nearest shoreline and thus is not situated within the <br />Special Management Area, the tsunami inundation area or evacuation area. <br />Conditions of approval will require that all development generated runoff will be <br />disposed of on -site and not directed toward any adjacent properties. All earthwork <br />activity, including grading and grubbing, will conform to Hawaii County Code for <br />Erosion and Sedimentation Control and Flood Control. <br />The request is not contrary to Chapter 205A, Hawaii Revised Statutes, <br />relating to Coastal Zone Management Area. As mentioned previously, the subject <br />property is located over five miles from the nearest shoreline, is not situated within the <br />Special Management Area and will not be impacted by coastal hazard and beach erosion. <br />There are no identified recreational resources or public access to the shoreline or <br />mountain areas, scenic and open space preserves, coastal ecosystems, marine resources, <br />or historic resources in the area. Thus, the proposed request and use of the property will <br />not adversely impact those resources. <br />The request will not have a significant adverse impact to traditional and <br />customary Hawaiian Rights. In view of the Hawaii State Supreme Court's "PASH" <br />and "Ka Pa `akai O Ka Aina" decisions, the issue relative to native Hawaiian gathering <br />and fishing rights must be addressed in terms of the cultural, historical, and natural <br />resources and the associated traditional and customary practices of the site. <br />■ Investigation of valued resources: There were no professional surveys conducted <br />of the floral or faunal resources of the subject property as the property has been <br />developed for residential and agricultural uses, however, the applicant reports that <br />dominant plants on the property are Kikuya grass and ornamental plants. Animal <br />species present include common bird species such as the Spotted Dove, Japanese <br />