COM 0616.000 2014-2016 - Laserfiche WebLink

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Dru Kanuha, Council Chair and Members of the County Council Page 3 Section 15-15-27 of the Hawaii Land Use Commission Rules determines the permissible uses within the Rural district. This states: "(a) Permissible uses within the rural district shall include the following activities: (1) All uses permitted under section 15-15-25 relating to agricultural uses and those uses that are compatible within the agricultural district; (2) Low-density residential uses with a minimum lot size of one- half acre, except as provided by County ordinance pursuant to Section 46-4(c), HRS..." The proposed boundary amendment from the Agricultural to Rural district is necessary in order for the applicant to subdivide its property into two lots of 2.858 and 2.64 acres in size. The minimum lot size in the State's Agricultural district is 1 acre whereas the minimum lot size in the State's Rural district is one-half acre. The applicant has stated that the 5.497 acre parcel will be subdivided into two residential/agricultural lots. According to HRS 205-3.5, Reclassification of land contiguous to an agricultural district; approval conditions: a) Any decision approving a petition for a boundary amendment pursuant to this chapter where lands in the petition area are contiguous or adjacent to lands in the agricultural district, shall include the following conditions in the decision granting approval: (1) A prohibition on any action that would interfere with or restrain farming operations; provided the farming operations are conducted in a manner consistent with generally accepted agricultural and management practices on adjacent or contiguous lands in the agricultural district; and (2) Notification to all prospective developers or purchasers of land or interest in land in the petition area and subsequent notification to lessees or tenants of the land, that farming operations and practices on adjacent or contiguous land in the agricultural district are protected under chapter 165, the Hawaii right to farm act, and that the notice shall be included in any disclosure required for the sale or transfer of real property or any interest in real property. As the subject property is adjacent on all sides to parcels located in the State Land Use Agricultural District, the above will be added as conditions of approval.