COM 0523.000 2014-2016 - Laserfiche WebLink

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Dru Kanuha, Council Chair and Members of the County Council Page 8 County sewer service is not available in the area. According to the Department of Health, the property is located within 1,000 feet of a public drinking water source and therefore one individual wastewater system will be allowed to be used for the proposed development. The individual wastewater system must either contain an aerobic unit with disinfection or a non-discharge disposal system. Solid waste generated on the property will be disposed of at the Kealakehe transfer station located about 4 miles away. All other essential utilities and services are available. There is no severe geological or topographical problem for the property that cannot be properly rectified or which would render the land unusable. The property is located in Zone "X", an area determined by FEMA to be located outside of the 500-year floodplain. Typically the County Council requires that applicants provide a fair share contribution to mitigate the potential regional impacts of their development on public facilities and services such as roads and parks. For Family Agricultural (FA) zoning, the County Council has historically required this contribution for minimum lot sizes of one acre. Therefore, a fair share contribution would be required for the requested FA-la zoning. The request is not contrary to Chapter 205A, Hawaii Revised Statutes, relating to Coastal Zone Management Area. The property is not situated within the Special Management Area, however all lands in the State are in the Coastal Zone Management Area. The subject property is located approximately 4 miles from the nearest coastline and will not be impacted by coastal hazards,beach erosion or marine resources. There are no identified coastal recreational resources,public access to the shoreline or mountain areas, or coastal scenic and open space resources on the property. The property does contain historic and natural resources that will be preserved and protected. The request will not have a significant adverse impact to traditional and customary Hawaiian Rights. 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: