HomeMy WebLinkAboutBIL 122 Draft 01 2024-2026COUNTY OF HAWAPI
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ORDINANCE NO.
STATE OF HAWAI`I
BILL NO. 122
AN ORDINANCE AMENDING THE STATE LAND USE DISTRICT BOUNDARIES
MAP WITHIN THE COUNTY BY CHANGING THE DISTRICT CLASSIFICATION
FROM THE AGRICULTURAL DISTRICT TO THE RURAL DISTRICT AT WAIMEA,
SOUTH KOHALA, HAWAPI, COVERED BY TAX MAP KEY NO.6-2-009:018.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`I:
SECTION 1. The State Land Use District Boundaries Map within the County is hereby
amended to change the district classification of the property described hereinafter as follows:
The State land use district classification of the following area situated at Waimea,
South Kohala, Hawaii, shall be Rural:
Beginning at the Northwesterly corner of Lot 18, being also the Southwesterly
corner Lot 17-A-1 and a point on the Easterly end of Kanehoa Place, the coordinates of
said point of beginning referred to Government Survey Triangulation -Station "PUU PA"
being 11,332.73 feet North and 12,579.32 feet West and running by azimuths measured
clockwise from True South:
1. 2740 01' 40" 301.57 feet along Lot 17-A-1 and Lot 17-A-
2 ofNakahara at Kanehoa
Subdivision 2 and Lot 15-A of
Kanehoa Subdivision and along the
remainder of Royal Patent 2237,
Land Commission Award 8518-B,
Apana 1 to James Young Kanehoa to
a point; thence
2. 90 52' 00" 839.65 feet along Lot 16 of Kanehoa
Subdivision (File Plan 1845) and
along the remainder of Royal Patent
2237, Land Commission Award
8518-13, Apana 1 to James Young
Kanehoa to a point; thence
3. Along Government (Crown) Land, Pasture Lease (Copy of Survey Furnished map
22,094) and following along the
middle of Keanuiomano Stream in
all its meanderings, the direct
azimuth and distance being:
4. 790 28' 18" 320.07 feet to a point; thence
5. 1890 52' 00" 920.51 feet along Lot 20 of Kanehoa
Subdivision (File Plan 1845) to the
point of beginning; and containing
an area of 6.063 acres, more or less.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. The State land use district boundary amendment set forth in Section 1 is
conditioned upon the following:
A. The applicant, successors, or assigns ("Applicant") 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 Hawaii 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 Hawaii Revised Statutes Chapter
165, the Hawaii Right to Farm Act; provided the farming operations are conducted
in a manner consistent with generally accepted agricultural and management
-2-
practices on adjacent or contiguous lands in the Agricultural District.
SECTION 3. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
SECTION 4. This ordinance shall take effect upon its approval.
, Hawai`i
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
696
flEFE OCE COMM__
INTRODUCED BY:
Q� P� 131 n
MUNCIL MEMBER OUNTY OF HAWAI`I
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Agricultural
H E AD
A ricultural
Agric Itural Rural Rural
Rural Rural Agricultural
Rural
AGRICULTURAL
TO
RURAL
6.063 ACRES
Agricultural
Fee
0 500 1 000
AMENDMENT TO THE
STATE LAND USE BOUNDARIES MAP
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 WAIMEA, SOUTH KOHALA, HAWAI'I
MAP PREPARED BY:
TMK: 3 6-2-009:018 COUNTY OF HAWAH, PLANNING DEPARTMENT DATE: March 12, 2025
EXHIBIT "A"
Joseph Gaglione