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HomeMy WebLinkAboutBIL 052 Draft 01 2020-2022COUNTY OF HAWAI‘I  STATE OF HAWAI‘I  BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAI‘I BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL DISTRICT TO THE URBAN DISTRICT AT KALAOA 5TH, NORTH KONA, HAWAI‘I BY TAX MAP KEY: 7-3-005:015. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I: SECTION 1. The State Land Use Boundaries Maps for the County of Hawai‘i are amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kalaoa 5th, North Kona, Hawai‘i, shall be Urban: SITE #1 Beginning at the Southwesterly corner of this parcel of land, being also the Northwesterly corner of Lot 33 of Kona Acres Subdivision, Unit 1, Increment “B” (File Plan 1550) and being a point on the Easterly end of Ihumoe Street the coordinates of said point of beginning referred to Government Survey Triangulation Station “MOANUIAHEA” being 8,001.83 feet South and 9,345.61 feet West and running by azimuths measured clockwise from True South: Thence, from a tangent azimuth of 180˚ 03' 20" following along the Easterly end of Ihumoe Street on a curve to the left with a radius of 45.00 feet, the chord azimuth and distance being; 1. 161˚ 21' 28" 28.85 feet to a point; Thence, from a tangent azimuth of 322˚ 39' 36" following along Lot 31-A of Kona Acres Subdivision, Unit 1, Increment “B” on a curve to the left with a radius of 20.00 feet, the chord azimuth and distance being: 2. 299˚ 59' 24" 15.42 feet to a point; 3. 277˚ 19' 12" 8.01 feet along Lot 31-A to a point; 4. 347˚ 50' 21.21 feet along the remainder of Lot 31-B to a point; 5. 97˚ 19' 12" 16.68 feet along Lot 33 of Kona Acres Subdivision, Unit 1, Increment “B” (File Plan 1550) to the point of beginning and containing an area of 332 square feet. SITE #2 Beginning at the Southeasterly corner of this parcel of land, being also a point on the Westerly side of Hawai‘i Belt Road (F.A.P. No. F-10(5)), the coordinates of said point of beginning referred to Government Survey Triangulation Station “MOANUIAHEA” being 8,117.21 feet South and 8,447.20 feet West and running by azimuths measured clockwise from True South: 96˚ 50' 3.42 feet along the Westerly side of Hawai‘i Belt Road (F.A.P. No. F- 10(5)) to a point; 97˚ 19' 12" 885.68 feet along Lots 35, 34 and 33 of Kona Acres Subdivision, Unit 1, Increment “B” (File Plan 1550) to a point; 167˚ 50' 103.24 feet along the remainder of Lot 31-B and along Lot 31-A and the remainder of Grant 2972 to Kaapau and Kama; 173˚ 15' 30" 100.01 feet along Lot 31-A and along the remainder of Grant 2972 to Kaapau and Kama to a point; 276˚ 50' 835.71 feet along Lots 14, 13, 12 and 11 of Kona Palisade Subdivision, Unit 1 (File Plan 1061), Lot A, Lots 8, 7, 6, 5, 4, 3, and 2 of Kona Palisade, Unit 1 (File Plan 1061) and along the remainder of Grant 2972 to Kaapau and Kama to a point; 348˚ 57' 30" 99.98 feet along the remainder of Grant 2972 to Kaapau and Kama to a point; 276˚ 50' 79.64 feet along the remainder of Grant 2792 to Kaapau and Kama to a point; 6˚ 46' 107.20 feet along the Westerly side of Hawai‘i Belt Road (F.A.P. No. F- 10(5)) to the point of beginning and containing an area of 3.985 Acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. This change in district classification is conditioned upon the following: The applicant, successors, or assigns shall notify prospective purchasers, tenants, or lessees of all lots that farming operations and practices on adjacent or contiguous land in the State Land Use Agricultural District are protected under Hawai‘i Revised Statutes Chapter 165, the Hawai‘i Right to Farm Act. This notice shall be included in any disclosure required for the sale or transfer of all of the proposed lots. Any action that would interfere with or restrain farming operations on adjacent or contiguous properties shall be prohibited under Hawai‘i Revised Statutes Chapter 165, the