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2007-06-05 TRODILLAS
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2007-06-05 TRODILLAS
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intend to subdivide the property into two parcels, one which will be used by themselves to <br />construct a new dwelling and the other lot will be used for their immediate family. <br />Conditions to bring to your attention, Akala Road is identified as a proposed 60-foot collector <br />road. At this time it’s a 30-foot right-of-way. So a condition is being added, Condition E, that <br />the applicants provide a 15-foot future road wide setback to allow for possible future <br />construction. Additionally, in the future if any type of development occurs on the other side of <br />the road, they would also be required to place a 15-foot future wide setback on that area, so that <br />this road can become a 60-foot wide collector road. <br />Additionally, there is a portion of the property that is within the Flood Zone A. Our standard <br />condition, Condition D, has been added stating that no construction of buildings or dwellings can <br />occur within the flood zone. There is an existing dwelling on the lower portion of the property <br />which was constructed in 1961. It’s an existing 3-bedroom dwelling. <br />Additionally, we have our standard Condition F which states that in these particular types of <br />rezonings, once these are zoned to smaller lots the applicants still have the possibility of <br />constructing an additional farm dwelling. We’re placing in a condition prohibiting the <br />construction of an additional dwelling. That’s Condition F. <br />We have received a comment letter from the Department of Water Supply which has been passed <br />out to the Commission, as well as a late comment letter yesterday from Wesley Sagawa. <br />Mr. Sagawa owns a property near the location of this application. His concern is that he is <br />landlocked. Further review of this and speaking to the applicants, at this time Mr. Sagawa <br />accesses his property through an old cane haul road which is located approximately two lots <br />mauka of their lot. To get to his lot, it actually traverses over another lot. In speaking to the <br />Planning Director, this is a situation that will have to be addressed by Mr. Sagawa and is not <br />something to be addressed within this particular application as it does not affect this piece of <br />property. <br />The Planning Director is recommending that this application be given a favorable <br />recommendation to the Hawaii County Council. Are there any questions? <br />GRAHAM: Commissioners? Commissioner Siracusa. <br />SIRACUSA: I have a question of the Director. According to this the LUPAG map has <br />listed this property as Important Agricultural Land; and the ALISH has it as Prime Agricultural <br />Land. Now I’m looking at the County Code, Section 25-5-60, Purpose and Applicability, it says <br />“In addition, this district is intended to be primarily comprised of agricultural lands,” this district <br />means the Family Ag designation, “less than five acres in area,” so this meets that quality, <br />“which are not classified as A or B lands under the land study bureau’s master productivity <br />rating, or classified as prime,” which it is, “unique or other important agricultural lands,” which <br />it is. So it appears to me to my non-lawyer reading that changing the zoning to Family Ag for <br />this parcel runs counter to the County Code.And I would appreciate it if the Director could <br />explain why he is recommending that we do something that’s illegal. <br />GRAHAM: Thank you, Commissioner Siracusa. Mr. Yuen, would you like a few <br />minutes to read it or -? <br /> EXHIBIT C <br />2 <br /> <br />
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