COM 0330.000 2014-2016 - Laserfiche WebLink

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Dru Kanuha, Council Chair and Members of the County Council Page 5 transmission system. They cite adequate rainfall of 180 to 200 inches annually that will provide adequate water to support the proposed subdivision through the use of private water catchment systems. They also note subdivisions in the general area that were approved through the issuance of variances from the requirements of the Subdivision Code, thereby confirming the availability of rainfall as an alternative water source that satisfies the concurrency requirements of the Zoning Code, which is not an accurate claim. The Applicants' arguments fail to realize that these prior subdivisions approved through the issuance of a variance from the minimum water standards of the Subdivision Code were based on existing zoning designations of A -5a. Based on existing zoning, the Subdivision Code and Department Rule provides landowners with an opportunity to seek a variance that would allow an agricultural subdivision of no more than 6 lots within an area with proven rainfall of not less than 60 -inches annually. The existing zoning of A - 20a for the Applicants' 50 -acre property would only allow for a 2 -lot subdivision, which would make them eligible to apply for a variance to allow for the use of a water catchment system to service the 2 -lot subdivision. However, the Applicants' change of zone request is to afford them the opportunity to further increase the number of subdivided lots beyond the 2 lots allowed by their current A -20a zoning. In summary, the Subdivision Code and Department Rule provides water service options based on zoning they currently have, but by asking for the privilege of a higher -density zoning, the County is obligated to ensure that public facilities, such as County water, is available to support the increase in density. This general area in Mountain View consists of lots that have maintained their original zoning since the adoption of the Zoning Code in 1967. As the Applicants' have indicated, variances from the Subdivision Code have been issued to allow the subdivision of lots in an area not serviced by a County water system, but based on existing zoning designations. The only incident of a change of zone that occurred to allow a subdivision without an adequate service off of a County water system is a 4 -lot subdivision located over a mile to the northeast of the subject property along North Kulani Road, which was approved in 1986, pYior to the establishment of concurrency standards in 2007. Lastly, if concurrency requirements were to be deemed satisfied through the use of private water catchment systems, an unwanted precedent would be set that would allow any property owner, CounU-wide, to rezone their property into smaller lots and/or higher densities without the need for adequate support of public water system infrastructure. We say County -wide because it would be a new "standard" that other applicants would expect