COM 0257.000 2010-2012 - Laserfiche WebLink

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The Honorable Dominic Yagong, Chairman and Members of the County Council Page 6 For the purpose of promoting health, safety, morals, or the general welfare of the County, the Zoning Code regulates and restricts the height, size of buildings, and other structures, the percentage of a building site that may be occupied, off - street parking, setbacks, size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes. In considering the purposes of the Zoning Code in relation to the proposed request, the approval of the request will result in a higher density. If approved, the applicant could build additional dwellings on each newly created lot, resulting in an increase in the overall unit density within the project site. The Planning Director supports this rezoning request, but only on the condition of allowing one dwelling on each lot. Therefore, a condition of approval will be included in the Change of Zone ordinance to prohibit a second dwelling unit and/or a condominium property regime on each subdivided lot. In considering the request in relation to the surrounding zoning, the request will result in an appropriate land use pattern. The property borders a larger property to the east and is near properties to the south across Mamalahoa Highway that are similarly zoned A -5a, which allows for the same density as the proposed request. Based on the above information, the proposed request will result in a more appropriate land use pattern that will further the public necessity and convenience, and the general welfare of the County. The proposed request will not burden public agencies to provide utilities and services to the subject property. Access to the lots is proposed to be from Mamalahoa Highway, a County road with an approximate 20 -foot wide pavement with grass shoulders all within an approximately 50 -foot right -of -way. According to the applicant, two (2) of the proposed lots would secure their access via a 25 -foot wide access easement over the proposed lot fronting the Highway. This easement would have a 14 -foot wide pavement or possibly less, if a variance is secured. The applicant understands that the Subdivision Code may calls for a 50 -foot wide road with a 20 -foot wide pavement but states that such a requirement may be excessive to service only two (2) lots, as well as may not be visually in keeping with the rural ambiance of the area. As such, the applicant may seek a variance or relief from this requirement during the subdivision process. The applicant also understands that if such a request is denied, they would abide by the Subdivision standards. According to the General Plan, Mamalahoa Highway shall be improved to an 80- foot right -of -way. A condition of approval will be added requiring the applicant to