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HomeMy WebLinkAboutBIL 101 Draft 02 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 TO THE URBAN DISTRICT AT WAIĀKEA, SOUTH HILO, HAWAI‘I TAX MAP KEY: 2-4-001:168. 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 Waiākea, South Hilo, Hawai‘i, shall be Urban: Beginning at the southeast corner of this parcel of land, on the east boundary of Lot 180 as shown on Map 73 of Land Court Application 1205 and at a jog on the north side of Mohouli Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station “HALAI” being 4,745.09 feet South and 1,023.39 feet West, thence running by azimuths measured clockwise from True South: 1. 206º 53' 52" 335.82 feet along Lots 180, 179 and 178 as shown on Map 73 of the Land Court Application 1205; 2. 253º 59' 52" 710.47 feet along Lots 178, 177, 176, 175, 174 and 173 as shown on Map 73 of Land Court Application 1205; 3. 356º 22' 643.58 feet along Public Safety and Related Purposes Site, Governor’s Executive Order 4223; 4. Thence along the north side of Mohouli Street on a curve to the right with a radius of 1,950.00 feet, the chord azimuths and distance being: 99º 31' 34" 887.88 feet to the point of beginning and containing an AREA OF 9.091 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(s), its successor(s) or assign(s) 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 Hawaiʻi Revised Statutes Chapter 165, the Hawaiʻi 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 Hawaiʻi Revised Statutes Chapter 165, the Hawaiʻi Right to Farm Act, provided the farming operations are conducted in a manner consistent with generally accepted agricultural and management practices on adjacent or contiguous lands in the Agricultural District. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY:                                                                                 COUNCIL MEMBER, COUNTY OF HAWAI‘I _______________, Hawai‘i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: