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Aaron S.Y. Chung, Council Chair <br /> and Members of the County Council <br /> Page 6 <br /> desired or used for cultural practices. A condition of the rezone will require that construction <br /> ceases until SHPD provides approval to continue work, if any historic or cultural resources are <br /> inadvertently discovered during ground alteration and construction. <br /> Feasible actions to protect native Hawaiian ri)zhts:As stated by the applicant,no traditional <br /> and customary Native Hawaiian are currently taking place on the site. Furthermore,according to <br /> the ARS conducted by Scientific Consultant Services,there were no archaeological sites and no <br /> historic properties identified on the subject property in need of protection. <br /> This favorable recommendation is made with the understanding that the applicant remains <br /> responsible for complying with all other applicable governmental requirements in connection with <br /> uses permitted within the Agricultural zoning district,prior to its commencement or establishment <br /> upon the subject property. Additional governmental requirements may include the issuance of <br /> building permits, the installation of approved wastewater disposal systems, compliance with the <br /> Fire Code, installation of improvements required by the American with Disabilities Act(ADA), <br /> among many others. Compliance with all applicable governmental requirements is a condition of <br /> this favorable recommendation; failure to comply with such requirements will be considered a <br /> violation that may result in enforcement action by the Planning Department and/or the affected <br /> agencies. <br /> Based on the above findings,approval of the Change of Zone request from Agricultural <br /> (A-20a)to the Agricultural(A-5a)zoned district would result in an appropriate land use pattern <br /> that will further the public necessity and convenience and the general welfare. <br /> The accompanying draft bill to amend Section 25-8-2(North and South Kona District Zone Map)is <br /> provided for your favorable consideration. Please note the proposed conditions of approval attached to the <br /> draft bill. <br /> We are enclosing copies of the staff Background,Planning Director's Recommendation,the Power point <br /> presentation and a draft transcript of the hearing for your information to be provided under separate cover. <br /> Sincerely, <br /> Digitally signed by Nancy <br /> Nancy Carr Carr Smith <br /> Smith Date:2020*03.09 <br /> 07:34:29-10'00' <br /> Nancy Carr Smith, Chair <br /> Leeward Planning Commission <br /> LCampbellClappREZ I 9-23961pc2 <br /> Enclosures <br />