HomeMy WebLinkAboutBIL 122 Draft 01 2024-2026AN 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, HAWAI‘I, 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, Hawai‘i, 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. 274° 01ʹ 40ʺ 301.57 feet along Lot 17-A-1 and Lot 17-A-2 of Nakahara 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. 9° 52ʹ 00ʺ 839.65 feet along Lot 16 of Kanehoa Subdivision (File Plan 1845) and along the remainder of Royal Patent 2237, Land Commission Award
8518-B, 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. 79° 28ʹ 18ʺ 320.07 feet to a point; thence
5. 189° 52ʹ 00ʺ 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:
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 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. 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.
INTRODUCED BY:
_______________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
_______________, Hawai‘i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date: