COM 0888.000 2008-2010 - Laserfiche WebLink

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The Honorable J Yoshimoto, Chairman and Members of the County Council Page 9 Court's "PASH" and "Ka Pa'akai 0 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 or botanical study was included in the application. The valued cultural, historical, and natural resources found in the rezoning area. As the site has been previously utilized for sugar cane cultivation and for cattle grazing, it is unlikely that there are any valued cultural, historical, and natural resources to be found in the rezoning area. Possible adverse effect or impairment of valued resources: There is no evidence of any possible adverse effects or impairments will occur to any valued resources. Feasible actions to protect native Hawaiian rights: As there is no evidence of any valued cultural, historical, and/or natural resources found on the site, there is no action to be taken. A condition of approval will be added for the protection of inadvertent finds should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered. The applicant will be required to cease work in the immediate area and contact the Department of Land and Natural Resources — State Historic Preservation Division (DLNR -HPD). Subsequent work shall proceed upon an archaeological clearance from DLNR -HPD when it finds that sufficient mitigation measures have been taken. Based on the above findings, approval of this Change of Zone for 18.38 acres of land from an Agricultural 20 -acre (A -20a) to a Single Family Residential - 15,000 square foot (RS -15), Single Family Residential- 10,000 square foot (RS -10), Single Family Residential -7,500 square foot (RS -7.5) and Open districts would result in an appropriate land use pattern that will further benefit the general public. For your favorable consideration, amendments to the State Land Use Boundary Maps and to Section 25 -8 -7 (North and South Kohala Zone Map) of the County Zoning Code are transmitted.