HomeMy WebLinkAboutORD 2023-001 2022-2024 ,y y .
COUNTY OF HAWAII , : .. STATE OF HAWAII
gtf•OF'NF''�
BILL NO. 228 :...
ORDINANCE NO. 4d 1
AN ORDINANCE AMENDING THE STATE LAND USE BOUNDARIES MAPS FOR THE
COUNTY OF HAWAII BY CHANGING THE DISTRICT CLASSIFICATION FROM THE
AGRICULTURAL DISTRICT TO THE RURAL DISTRICT AT KAWAIHAE, SOUTH
KOHALA, HAWAII, COVERED BY TAX MAP KEY: 6-2-009:015.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
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 "PU`U PA" being 12,210.89 feet North and
12,140.42 feet West and running by azimuths measured clockwise from True South:
1. 274° 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. 321° 56' 50" 29.69 feet to a 1/2 inch pipe (found);
3. 9° 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. 358° 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. 76° 14' 44" 316.16 feet along Lot 16 of Kanehoa Subdivision
(File Plan 1845) to a 1/2 inch pipe(found);
6. 94° 01' 40" 18.16 feet along Lot 18 of Kanehoa Subdivision
(File Plan 1845) to a 1/2 inch pipe (found);
7. 189° 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:
A. 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 Hawaii Right to Farm Act. This
notice shall be included in any disclosure required for the sale or transfer of all the
proposed lots.
B. 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.
-2-
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:
i3 P--
COUNCIL MEMBER, COUNTY 0 HAWAII
Kona, Hawai`i
Date of Introduction: November 16, 2022
Date of 1st Reading: November 16, 2022
Date of 2nd Reading: December 21, 2022
Effective Date: January 3, 2023
REFERENCE Comm. 1054
-3-
N
AG
AGRICULTURAL TO
RURAL
5.848 ACRES
12,210.89'N AG
12,140.42'W
"PUU PA"
®To Kawaihae
•
mg AIHAE
•
A
!AL G
A
qG
R AI.
- RURAL )111
q AG RURAL q'
R q RAC
AG
AG
111,1 Feet
0 700 1,400 2,100 2,800 3,500
AMENDMENT TO THE STATE LAND USE
BOUNDARIES MAPS
AMENDING THE STATE LAND USE BOUNDARIES MAP
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.
MAP PREPARED BY:
TMK:(3)6-2-009:015 COUNTY OF HAWAI'I, PLANNING DEPARTMENT DATE:May 12,2022
EXHIBIT..A.. Arte McCollough
Map: 22-006
9��� Sl 1i i+1'+
OFFICE OF THE COUNTY CLERKc,0_6 €`� H iwitA °
County of Hawai`i
Kona, Hawai`i
7023 JAN -4 PH 04
Introduced By: Ashley L. Kierkiewicz (B/R) ROLL CALL VOTE
Date Introduced: November 16, 2022 AYES NOES ABS EX
First Reading: November 16, 2022
Chung X
Published: December 2, 2022 David X
Inaba X
REMARKS: Kaneali'i-Kleinfelder X
Kierkiewicz X
Kimball X
Lee Loy X
Richards
Villegas X
Second Reading: December 21, 2022 5 0 3 0
To Mayor: December 29, 2022
Returned: January 4, 2023 ROLL CALL VOTE
Effective: January 3, 2023 AYES NOES ABS EX
Published: January 20, 2023
Evans X
REMARKS. Galimba X
Inaba X
Kagiwada X
Kaneali'i-Kleinfelder X
Kierkiewicz X
Kimball X
Lee Loy X
Villegas X
8 0 1 0
I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
II ,.
(60 COUNCIL CH IRPERSON
AEe& isapproved this day
111)
of "IC i,4/ 1 , 20 2 Fey Y CLERK
Bill No.: 228
MAYOR, COUNTY OFHAWAI`I Reference: C-1054/PC-84
Ord No.: 23 1