HomeMy WebLinkAboutBIL 228 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 RURAL DISTRICT AT KAWAIHAE,
SOUTH KOHALA, HAWAI‘I, COVERED BY TAX MAP KEY: 6-2-009:015.
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 Kawaihae, South Kohala, Hawai‘i, shall be Rural:
Beginning at a 1/2 inch pipe (found) at the Northwesterly corner of this parcel of land, being also the Northeasterly corner of Lot 17-A-1 and being a point on the Southerly side of
Kawaihae Road, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUʻU PA" being 12,210.89 feet North and 12,140.42 feet West and running
by azimuths measured clockwise from True South:
1. 274º 01' 40" 272.45 feet along the Southerly side of Kawaihae Road to a 1/2 inch pipe (found);
Thence, following along the Westerly side of Ouli Street on a curve to the right with a radius of 20.00 feet, the chord azimuth and distance being:
2. 321º 56' 50" 29.69 feet to a 1/2 inch pipe (found);
3. 9º 52' 720.72 feet along the Westerly side of Ouli Street to a 1/2 inch pipe in concrete (found);
Thence, following along the Westerly side of Ouli Street on a curve to the left with a radius of 175.00 feet, the chord azimuth
and distance being:
4. 358º 03' 22" 71.64 feet to a rebar (found);
Thence, for the next three (3) courses following the remainder of Royal Patent 2237, Land Commission Award 8518-B, Apana 1 to James Young Kanehoa:
5. 76º 14' 44'' 316.16 feet along Lot 16 of Kanehoa Subdivision (File Plan 1845) to a 1/2 inch pipe (found);
6. 94º 01' 40'' 18.16 feet along Lot 18 of Kanehoa Subdivision (File Plan 1845) to a 1/2 inch pipe (found);
7. 189º 52' 911.55 feet along Lot 17-B-1 and Lot 17-A-1 of Kanehoa Subdivision to the point of beginning and containing an area of 5.848 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 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.