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HomeMy WebLinkAboutORD 2026-021 2024-2026O3MtY of k�w .y COUNTY OF HAWAII •' '• �rF cF•Hnd STATE OF HAWAII al 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, 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, 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" 2. 90 52' 00" 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 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. 79" 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. 11090TI-1101111i C tOtNCIL MEMBER OUNTY OF HAWAI`I Hilo , Hawai`i Date of Introduction: February 18, 2026 Date of 1 st Reading: February 18, 2026 Date of 2nd Reading: March 4, 2026 Effective Date: March 25, 2026 REFERENCE Comm. 696 -3- 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 Introduced By: Date Introduced First Reading: Published: rki FRITF. W M41 Second Reading: OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii Heather L. Kimball (B/R) -February 18, 2026 February 18, 2026 February 27, 2026 March 4, 2026 To Mayor: March 19, 2026 Returned: March 25, 2026 Effective: March 25, 2026 Published: April 10, 2026 REMARKS: CC,UNTY CLE0 t COUNTY OF HAWAIi., ROLL CALL VOTE AYES NOES ABS EX Galimba x Hustace x Inaba x Kagiwada x Kdiieali'i-Kleinfelder x Kierkiewicz x Kimball x Onishi x Villegas x 7 0 2 0 ROLL CALL VOTE AYES NOES ABS EX Galimba x Hustace x Inaba x Kagiwada x Kdneali'i-Kleinfelder x Kierkiewicz x Kimball x Onishi x Villegas x 8 0 1 0 I DO HEREBY CERTIFY that the, oregoing BILL was adopted by the County Council published as indicated above. V. (Approvedl jDisappi,oved this of 20 AIM YOR, COUNTY OF HA WAPI COUNCIL CHAIRPERSON day CO CLE RK LERK Reference: Ord No.: 122 C-696/LAAC-30