COM 0089.000 2006-2008 - Laserfiche WebLink

Home

. . _ Pete Hoffman, Chairman and Members of the County Council Page 6 requirements of the Deparhnent of Health. All other essential utilities and services aze or will be made available to the site. In view of the recent Hawaii State Supreme Court's "PASH" and "Ka Pa'akai O Ka Aina"decisions, the issue relative to native Hawaiian gathering and fishing rights must be addressed in terms of the cultural, historical, and natural resources and the associated traditional and customary practices of the site: • Investigation of valued resources: No formal archaeological reconnaissance survey, oral history of kamaaina accounts of the area, historical survey of documentary records, or botanical study was included in the application. However, there aze existing archaeological studies of the immediate area. • The valued cultural historical and natural resources found in the rezonine azea: According to the applicant, the parcel is located at the 3,600-foot elevation and was the subject of a reconnaissance survey in 1970 and 1971 as well as a 1991 National Pazk Service study of the area. This study identified remains of an agricultural field system up to the 3,500-foot elevation. Possible adverse effect or impairment of valued resources: Native plants maybe destroyed by construction or ground alteration. According to the applicant, there is no evidence that the flora in the area are particularly desired or used for cultural practices. • Feasible actions to protect native Hawaiian rip_hts: According to the applicant, no gathering is taking place on the site. Thus, to the extent to which traditional and customary native Hawaiian rights are exercised, the proposed action will not affect traditional Hawaiian rights; therefore, no action is necessary to protect these rights. Based on the above findings, approval of the Change of Zone request from an Agricultura120-acre (A-20a) to the Agricultural 10-acre (A-l0a) district would result in an appropriate land use pattern that will further the public necessity and convenience and the general welfare. For your favorable consideration, an amendment to Section 25-8-2 (North and South Kona District Map), of the County Zoning Code is transmitted.