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HomeMy WebLinkAboutBIL 207 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 TO THE RURAL DISTRICT AT PUʻUKAPU, WAIMEA, SOUTH KOHALA, HAWAI‘I, COVERED BY TAX MAP KEY: 6-4-017:001. 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 Puʻukapu, Waimea, South Kohala, Hawai‘i, shall be Rural: Beginning at a 1-inch pipe (found) at the Southeasterly corner of this parcel of land, being also the Southwesterly corner of Grant 6820 to John McCoy and a point on the Northerly side of Māmalahoa Highway, the coordinates of said point of beginning referred to Government Survey Triangulation Station “EAST BASE” being 7,409.10 feet North and 4,439.40 feet East and running by azimuths measured clockwise from True South: 73º 50' 280.00 feet along the Northerly side of Māmalahoa Highway to a point; 2. 166º 10' 311.00 feet along the Easterly side of Alanui ‘Ohana Place to a 1-inch pipe (found); 3. 253º 50' 280.00 feet along Lot M and along the remainder of Grant 6935 to Theodore Vredenberg to a 1-inch pipe (found); 4. 346º 10' 311.00 feet along the Grant 6820 to John McCoy to the point of beginning and containing an area of 1.997 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: