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HomeMy WebLinkAboutBIL 137 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 TO THE URBAN DISTRICT AT ‘O‘OMA 1ST, NORTH KONA, HAWAI‘I BY TAX MAP KEY: 7-3-017:024. 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 ‘O‘oma 1st, North Kona, Hawai‘i, shall be Urban: Beginning at the Southwesterly corner of this parcel of land, being also the Northwesterly corner of Lot 2 and being a point on the Easterly 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 9,739.71 feet South and 8,308.45 feet West and running by azimuths measured clockwise from True South: 1. 167º 13' 58.23 feet along the Easterly side of Hawai‘i Belt Road (F.A.P. No. F-10 (5)) to a point; 2. 190º 06' 30" 64.04 feet along the Easterly side of Hawai‘i Belt Road (F.A.P. No. F-10 (5)) to a 1/2 inch pipe (found); 3. 274º 11' 446.24 feet along the Southerly side of Kinoulu Street to a point; 4. 328º 26' 30" 53.33 feet along the Westerly side of Old Government Mauka Road to a 1/2 inch pipe (found); 5. 332º 22' 20.83 feet along the Westerly side of Old Government Mauka Road to a 1/2 inch pipe (found); 6. 87º 13' 481.55 feet along Lot 2 and along the remainder of Grant 4343 to J.M. to J.M. Lilinoe to the point of beginning and containing an area of 0.992 Acre. 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 Hawai‘i 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 Hilo, Hawai‘i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: