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Honorable James Y. Arakaki, Chairman <br />and Members of the County Council <br />Page 7 <br />Possible adverse effects or impairment of valued resources: The setting of the <br />burials would be changed from the present condition of a relative natural setting to one <br />where modern single family residential dwellings will be nearby. Further, the setting for <br />the burials would be further altered by the close proximity of the future Kahului to <br />Keauhou Parkway (Ali`i Highway) Phase 1 right-of-way, which would be located mauka <br />of the burial sites. If the burial platforms have to be relocated, the survey recommended <br />that further data collection be done. Another concern would be whether access to the <br />burial sites by descendants would be possible through the private roads of this <br />development. <br />Feasible actions to protect native Hawaiian rights: The applicant intends to <br />preserve the burial sites and incorporate it as part of its landscaping/open space feature. <br />A Burial Treatment Plan for this site must be prepared and submitted to the Hawaii <br />Burial Council for its review and approval. The applicant has stated that the plan would <br />essentially call for the establishment of a landscaped buffer surrounding the site. The <br />applicant has stated that with the approved mitigation, the archaeological impacts of the <br />project will not be significant. Regarding the access to the burials on the project site by <br />descendants, the applicant has said that descendants will be allowed unfettered access to <br />the burial site, as will be reflected in the approved Burial Treatment Plan. There is no <br />record that DLNR-HPD has approved a preservation and mitigation plan, which would <br />include the Burial Treatment Plan. Conditions of approval will be included relating to <br />valued cultural resources to insure that impacts to these resources are minimized, and that <br />traditional and customary Hawaiian rights to these resources are continued. <br />Based on the above findings, the approval of the Change of Zone request from an <br />Agricultural (A -5a) to a Residential (RS -7.5) zoned district would result in an appropriate <br />land use pattern that will further benefit the public. <br />For your favorable consideration, an amendment to Section 25-8-3 (North Kona Zone Map), of <br />the County Zoning Code is transmitted. <br />