07-18-2022 Applicant Response to Public Testimonies (PL-REZ-2021-012)

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3. Regarding affordable housing: If the requested zoning is granted the Applicant will satisfy the affordable housing requirements for the project according to Hawaii County Code Chapter 11 which requires affordable housing credits equal to 20% of the proposed units be earned. 4. Regarding Agricultural use requirement, and ohana dwellings: CC&Rs are not proposed at this time to compel agricultural uses on the proposed new lots. Uses permitted in the proposed Family Agricultural zoning would be allowed and the Hawai'i Right to Farm Act(HRS 165)would protect agricultural uses on these and neighboring agricultural properties. As for ohana dwellings or additional farm dwellings, proposed Condition O in the Recommendation Report prohibits the construction of a second dwelling unit and condominium property regimes on each lot. State Land Use Law, Hawaii Revised Statutes 205 details uses permissable on land with Agricultural SLU designation (including the proposed lots). Farm dwellings, employee housing,farm buildings, or activities or uses related to.farming and animal husbandry. "Farm dwelling" as used in this paragraph, means a single-family dwelling located on and accessory to a farm, including clusters ofsingle-family,farm dwellings permitted within agricultural parks developed by the State, or where agricultural activity provides income to the family occupying the dwelling; In short, dwellings will be allowed on the proposed lots located on and accessory to a farm, or where agricultural activity provides income to the,family occupying the dwelling. Enforcement of these State Land Use laws is a larger question which should hopefully not overshadow the many benefits of this project. 5. Regarding intent of Applicant to live on one of the subdivided properties: It is the true intent of the Applicant to live on one of the newly created lots and establish a productive fruit farm. 6. Regarding water availability and CWRM comment response: The water availability is addressed on Page 26 of the Environmental Report and page 5-6 of the Recommendation Report. In short, there is sufficient County water available to support the proposed development of 11 lots. Any confusion likely stems from the different allocations these water commitments are drawn from. These units include six (6) equivalent units (EUs) available through the Waiaha Water System Agreement, two (2) EUs available through the current zoning and six (6)EUs available with a change of zone. The six units from the Waiaha Water System agreement are required to be used at a rate of two (2)EUs