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COM 0039.000 2024-2026
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COM 0039.000 2024-2026
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Last modified
1/13/2025 10:27:04 AM
Creation date
12/12/2024 2:04:53 PM
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Communications
Communications - Type
COM
Communications - Council Term
2024-2026
Communication
0039
Point
000
Author
Mitchell D. Roth, Mayor
Communications - Referred To
LAAC
Document Relationships
AGE COUNCIL 2025-01-22 2024-2026
(Related To)
Path:
\Council Records\Agendas\2024-2026\Council
AGE COUNCIL 2025-02-05 2024-2026
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Path:
\Council Records\Agendas\2024-2026\Council
AGE LAAC 2025-01-07 2024-2026
(Related)
Path:
\Council Records\Agendas\2024-2026\Legislative Approvals and Acquisitions Committee (LAAC)
BIL 011 Draft 01 2024-2026
(Related To)
Path:
\Council Records\Bills\2024-2026
REP LAAC 002 2025-01-07 2024-2026
(Related)
Path:
\Council Records\Reports\2024-2026\Legislative Approvals and Acquisitions Committee (LAAC)
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Heather Kimball, Council Chair <br />and Members of the County Council <br />County of Hawaii <br />November 22, 2024 <br />Page 6 <br />property, meeting with the approval of DWS before water service can be granted. Finally, <br />DWS notes that subject to other agencies' requirements to construct improvements within <br />the road right-of-way fronting the property affected by the proposed development, the <br />applicant shall be responsible for the relocation and adjustment of the Department's <br />affected water system facilities, should they be necessary. Conditions of approval will <br />require the applicant to meet potable and fire suppression water requirements of DWS <br />and the Fire Department. <br />A condition of approval will require any development on the property to connect <br />to the County sewer in accordance with Section 21-5 of Hawaii County Code. <br />Solid waste will be handled by a commercial hauler and disposed of at authorized <br />landfill sites or transfer stations, all essential utilities are available to the property and <br />police, fire and medical facilities are located nearby in Hilo. A condition of approval will <br />be included to require the applicants to meet all applicable County, State and Federal <br />laws, rules, regulations, and requirements. <br />There are no severe geological or topographical problems for the property <br />that cannot be properly rectified, or which would render the land unusable. The <br />subject property is in an area designated as Zone "X", an area determined to be outside <br />the 500-year flood plain, on the Flood Insurance Rate Map (FIRM) by the Federal <br />Emergency Management Agency (FEMA). A condition of approval will be added to <br />require that all development generated runoff will be disposed of on -site and not directed <br />toward any adjacent properties and all earthwork activity, including grading, grubbing, <br />and stockpiling, and the project will conform to Chapter 10, Erosion and Sedimentation <br />Control, of the Hawaii County Code. Thus, the proposed change of zone meets this <br />criterion. <br />The request is not contrary to Chapter 205A, Hawaii Revised Statutes, <br />relating to Coastal Zone Management Area. The subject property is located <br />approximately 1.3 miles from the nearest shoreline, is not situated within the Special <br />Management Area and will not be impacted by coastal hazards and beach erosion. There <br />is no designated public access to the mountains or the shoreline that runs through the <br />property. The proposed use will not adversely impact any recreational resources, <br />including access to and along the shoreline, scenic and open space nor visual resources, <br />coastal ecosystems, and marine and coastal resources. Therefore, the proposed use is not <br />contrary to the objectives of Chapter 205A, Hawaii Revised Statutes. <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 0 Ka Aina" decisions, the issue relative to Native Hawaiian gathering <br />
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