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HomeMy WebLinkAboutBIL 198 Draft 01 2022-2024COUNTY 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 WAIMEA, SOUTH KOHALA, HAWAI‘I, COVERED BY TAX MAP KEY: 6-4-024:027. 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 Waimea, South Kohala, Hawai‘i, shall be Rural: Beginning at the Southwest corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "WEST BASE" being 944.18 feet South and 2,698.08 feet East, and thence running by azimuths measured clockwise from True South: 1. 149º 07' 471.30 feet along Lot B and Parcel 28; 2. 250º 21' 341.77 feet along the remainder of Lot 11-A-1; 3. 329º 07' 218.26 feet along Lot 11-A-2; 7. 30º 02' 383.59 feet along same, to the point of beginning and containing an area of 2.653 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. 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: