COM 0257.000 2010-2012 - Laserfiche WebLink

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The Honorable Dominic Yagong, Chairman and Members of the County Council Page 7 provide a 15 -foot wide future road widening setback along the entire subject property frontage of Mamalahoa Highway. Additionally, a condition of approval will be added requiring the applicant to create a 50 -foot road and utility easement to the property boundary to the west (TMK:6- 4- 17:43) to allow for the future extension of Hauhoa Street, which is similar to what was required under Ordinance 05 -169 for the rezoning of the adjoining property to the east. This will allow the option of creating road connectivity with the established subdivision road to the east (Hauhoa Street) and to minimize the amount of accesses created along Mamalahoa Highway. According to the Department of Water Supply, water can be made available from an existing 6 -inch waterline along Mamalahoa Highway. As there is no municipal sewer system in the area, wastewater will be disposed of by a cesspool or individual wastewater system, meeting the requirements of the Department of Health. All other essential utilities and services are or can be made available to the site. The subject request is not contrary to Chapter 205A, Hawaii Revised Statues, relating to Coastal Zone Management. The property is not located in the Special Management Area. The site is located approximately twelve miles from the nearest shoreline and therefore will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access that traverses the property. No valued cultural, historical or natural resources exist on the property and there is no evidence of any traditional and customary Native Hawaiian rights being practiced on the site. Thus, it is not anticipated that the proposed request will have any adverse impact on cultural or historical resources in the area. In view of the Hawai`i State Supreme 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, oral history of kamaaina accounts of the area, historical survey of documentary records, or botanical study was included in the application. • The valued cultural, historical, and natural resources found in the rezoning area: The landowner has been using the property for cattle grazing and it is anticipated that no historic properties will be affected.