COM 0313.000 2018-2020 - Laserfiche WebLink

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Aaron S.Y. Chung, Council Chair and Members of the County Council Page 3 productivity. The applicants currently use the property for cattle grazing. The change of zone request will keep the property in the Agricultural zoning district and will allow for the creation of an additional lot through subdivision. Surrounding properties are similarly zoned A-20a and consist of lots ranging in size from 2 to 12 acres. Most of these lots are non-conforming in size because they were created prior to the establishment of the Zoning Code. These lots contain small farms with farm dwellings. The 11-acre property across Kihalani Homestead Road was recently rezoned from A-20a to A-5a in October 2018. The proposed rezoning is also consistent with the draft Hamakua Community Development Plan (CDP), which indicates the subject property is in an Agricultural area outside of the Urban Growth Boundary and outside designated Rural areas. According to Policies 4 and 5, the Agricultural areas outside the Urban Growth Boundary and outside designated Rural areas are to be preserved for agricultural uses, open space, scenic viewsheds, and natural beauty areas. Development and construction in the Agricultural designation shall be limited to agriculture, related economic infrastructure and cottage industries, renewable energy, open area recreational uses, and community facilities, unless otherwise pennitted by law. Currently, there are two farm dwellings (first farm dwelling and an additional farm dwelling) and an agricultural storage building on the property. Upon rezoning and subdivision into two lots, there will be one farm dwelling on each lot, and therefore, the Additional Farm Dwelling Agreement (AFDA) which permitted the construction of the additional farm dwelling will need to be cancelled since the dwelling on the newly created lot will no longer be considered an "additional" farm dwelling. The Director is recommending a condition of approval to cancel the AFDA. Additionally, should this rezone be approved, the applicants could potentially apply for an additional farm dwelling, allowing for the construction of a second dwelling unit (meeting the criteria for an additional farm dwelling) on each lot. The potential to allow additional dwellings may contribute to the cumulative burden on the existing infrastructure, particularly the substandard Kihalani Homestead Road. As such, a condition is included to prohibit a second dwelling unit (also known as a farm dwelling) and/or a Condominium Property Regime (CPR) on each lot. A condition will require that restrictive covenants be included in the deeds of all the proposed lots for the subdivision prohibiting second dwelling units to preserve the agricultural ambience of the area.