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COM 0509.000 2006-2008
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COM 0509.000 2006-2008
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Last modified
5/29/2009 3:40:48 PM
Creation date
5/8/2008 6:01:52 PM
Metadata
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Template:
Communications
Communications - Type
COM
Communications - Council Term
2006-2008
Communication
0509
Point
000
Author
Harry Kim, Mayor
Communications - Referred To
PC
Comments
PC-40: Recommends passage of Bill 126 on first reading - 7/24/07; Council: Bill 126 passes first reading; adopts PC-40 - 9/06/07; Council: Bill 126 passes first reading; adopts PC-40 - 9/06/07; Council: Bill 126 passes second & final reading - 9/19/07
Document Relationships
AGE COUNCIL 2007/09/06 2006-2008
(Related)
Path:
\Council Records\Agendas\2006-2008\Council
AGE COUNCIL 2007/09/19 2006-2008
(Related)
Path:
\Council Records\Agendas\2006-2008\Council
AGE PC 07/24/2007 2006-2008
(Related)
Path:
\Council Records\Agendas\2006-2008\Plannning Committee (PC)
BIL 126 Draft 01 2006-2008
(Related)
Path:
\Council Records\Bills\2006-2008
ORD 2007-135 2006-2008
(Related)
Path:
\Council Records\Ordinances\2007
REP PC 040 07/24/2007 2006-2008
(Related To)
Path:
\Council Records\Reports\2006-2008\Planning Committee (PC)
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<br /> Pete Hoffmann, Chairman <br /> and Members of the County Council <br /> Page 4 <br /> will be added restricting the construction ofsingle-family dwellings and related <br /> improvements or other substantial buildings or subdivision roads within areas designated <br /> Flood Zone "A" by the Flood Insurance Rate Map (FIRM). <br /> Should this request be approved, the applicants may apply for a Second Farm <br /> Dwelling, allowing for the construction of a second dwelling unit on each lot. The <br /> potential to allow additional dwellings may contribute to the cumulative burden on the <br /> existing infrastructure. As such, a condition is included to prohibit a second dwelling <br /> unit and a Condominium Property Regime (CPR) on each lot. The condition will require <br /> that restrictive covenants be included in the deeds of all the proposed lots for the <br /> subdivision prohibiting second dwelling units to preserve the residentiaUagricultural <br /> ambience of the azea. <br /> The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to <br /> Coastal Zone Management Area. The property is not situated within the Special <br /> Management Area. It is located over 4 miles from the nearest coastline and will not be <br /> impacted by coastal hazazd and beach erosion. There are no identified recreational <br /> resources, historic resources, public access to the shoreline or mountain azeas, scenic and <br /> open space preserves, coastal ecosystems, marine resources or other natural and <br /> environmental resources in the azea. Thus, the proposed request and use of the property <br /> will not adversely impact those resources. It is not anticipated that endangered or <br /> threatened candidate species of flora or fauna are located within the subject property <br /> because the property was previously utilized for sugar cane cultivation and ranching. <br /> Presently, there is no evidence of any traditional and customary Native Hawaiian rights <br /> being practiced on the site, nor existence of known valued cultural, historical or native <br /> resources in the azea. Thus, it is not anticipated that the proposed request will have any <br /> adverse impact on cultural or historical resources in the area. <br /> The request will not have a significant adverse impact to traditional and <br /> customary Hawaiian Rights. In view of the recent Hawaii State Supreme Court's <br /> "PASH" and "Ka Pa'akai O Ka Aina"decisions, the issue relative to native Hawaiian <br /> gathering and fishing rights must be addressed in terms of the cultural, historical, and <br /> natural resources and the associated traditional and customary practices of the site: <br /> Investigation of valued resources: No formal archaeological reconnaissance <br /> survey, oral history of kamaaina accounts of the azea, historical survey of documentary <br /> records, or botanical study was included in the application. <br /> <br />
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