COM 0616.000 2014-2016 - Laserfiche WebLink

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Dru Kanuha, Council Chair and Members of the County Council Page 8 As areas that were once used for agriculture become more rural and urban in character there is a greater potential for conflicts and nuisance complaints arising from residences being located next to farms and other agricultural operations. State law requires that for boundary amendments to the Rural or Urban districts where the lands are adjacent or contiguous to existing lands within the Agricultural district shall include notification to owners and prospective buyers that farming operations are protected from nuisance complaints under the Hawai`i Right to Farm Act. Conditions of approval will be included to protect agricultural operations in the area from nuisance complaints. `Ohana dwellings may be allowed in the proposed State Land Use Rural District and County RA-2a zoned district; however, State law limits dwellings in the Rural district to no more than one dwelling per half acre. Should this request be approved, the applicant may normally apply for an `Ghana Dwelling Permit, allowing the construction of a second dwelling unit as a separate or attached unit on both lots. Because this request would allow the existing parcel to be subdivided and subsequently allow the creation of a second lot, an additional dwelling may be constructed, doubling the existing density of the area. Although the Planning Director supports this rezoning request to allow a two- lot subdivision with one dwelling on each lot, the potential to allow four(4) dwellings may contribute to a cumulative burden on the existing infrastructure which cannot be supported. The applicants have represented that they will record restrictive covenants on both lots prohibiting a second dwelling in order to preserve the residential-agricultural ambiance of their property. The Planning Director agrees with this approach, therefore, a condition is included in the change of zone ordinance to prohibit a second dwelling unit and a Condominium Property Regime on each lot, consistent with the applicant's representations. All utilities and services are available to the site. Access to the site is from `Ouli Street, a private roadway with a 50-foot right-of-way with 16 feet of asphalt paving and grass swales. Both proposed lots will have direct access off of`Ouli Street. According to the Department of Water Supply(DWS), County water is available to the property via a 5/8-inch meter which is adequate for one dwelling at an average daily usage of 600 gallons. A second water meter can be made available to the proposed lot. The applicant will be responsible for facilities charges as well as installing a service lateral to supply the new meter. If required by DWS, the applicant will be responsible for conveying improvements to the water board prior to granting of water meter services. The proposed lot will utilize an individual wastewater treatment system meeting with the approval of the Department of Health. Solid waste will be disposed of at the Waimea transfer station. The subject property is in Zone "X", which is an area determined by