COM 0006.000 2012-2014 - Laserfiche WebLink

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The Honorable Dominic Yagong, Chairman and Members of the County Council Page 8 established residential subdivision. This potential of only three additional lots does not warrant bringing the private roadway within this subdivision up to current county standard. The Applicant will need to apply for a variance from the minimum standards of the Subdivision Code should this change of zone request be approved. The project site is located within Zone "X", areas determined to be outside the 500- year floodplain. All development generated storm run-off shall be disposed of on-site and not allowed onto adjacent properties or roadways. The property has been developed for single-family residential use since the 1950's; thus, no formal archaeological study was conducted. By letter dated May 25, 2011, the DLNR-HPD responded that no historic properties will be affected by this undertaking. Likewise, no professional flora or fauna surveys were conducted of the site. The 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 project site is located more than twelve miles from the shoreline and will not be impacted by coastal hazard and beach erosion. There is no record of a designated public access to the shoreline or mountain areas that traverses the property. According to the applicants, 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. Therefore, no action is necessary to protect these rights. The Hawaii Right to Farm Act, HRS Chapter 165, was enacted to protect farming operations on land in the State Land Use Agricultural District when adjacent land is reclassified out of the Agricultural District. Farming activities are currently being conducted on the site, and will be permitted to continue should this rezoning be approved. However, a standard condition of approval for rezonings from the Agricultural designation will be added to require the applicant to notify prospective landowners, tenants or lessees of the Hawaii Right to Farm Act. In addition, a condition will be included to prohibit any action that would interfere with farming operations on adjacent or contiguous properties, provided operations are conducted with generally accepted agricultural and management practices. Based on the above findings, approval of this change of zone request from an Agricultural 40-acre (A-40a) to a Residential and Agricultural -.5 acre (RA-.5a) zoned district would result in an appropriate land use pattern that will further benefit the general public.