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Heather Kimball, Council Chair <br />and Members of the County Council <br />County of Hawaii. <br />September 09, 2024 <br />Page 3 <br />Section 15-15-27 of the Hawaii Land Use Commission Rules determines the <br />permissible uses within the Rural district. This section states: "(a) Permissible uses <br />within the rural district shall include the following activities: (1) All uses permitted under <br />section 15-15-25 relating to agricultural uses and those uses that are compatible within <br />the agricultural district; (2) Low -density residential uses with a minimum lot size of one- <br />half acre, except as provided by County ordinance pursuant to Section 464(c), HRS..." <br />The proposed SLU boundary amendment from the Agricultural to Rural district is <br />necessary for the applicant to immediately subdivide the property into two residential <br />agricultural lots with the possibility of a third such lot in the future. The smallest <br />proposed lot size is 0.5 acres, which complies with the State's Rural district minimum lot <br />size of one-half acre. <br />According to HRS 205-3.5, Reclassification of land contiguous to an Agricultural <br />district; approval conditions: <br />a) Any decision approving a petition for a boundary amendment pursuant to this <br />chapter where lands in the petition area are contiguous or adjacent to lands in the <br />agricultural district, shall include the following conditions in the decision granting <br />approval: <br />(1) A prohibition on any action that would interfere with or restrain farming <br />operations; provided the farming operations are conducted in a manner <br />consistent with generally accepted agricultural and management practices <br />on adjacent or contiguous lands in the agricultural district; and <br />(2) Notification to all prospective developers or purchasers of land or interest <br />in land in the petition area and subsequent notification to lessees or tenants <br />of the land, that farming operations and practices on adjacent or <br />contiguous land in the agricultural district are protected under chapter 165, <br />the Hawaii right to farm act, and that the notice shall be included in any <br />disclosure required for the sale or transfer of real property or any interest <br />in real property. <br />As the subject property is adjacent on all sides to parcels located in the SLU <br />Agricultural district, the preceding will be added as conditions of approval. <br />Based on the foregoing, the requested boundary amendment and subsequent <br />subdivision would be consistent with the permissible uses of the Rural district. <br />