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HomeMy WebLinkAboutBIL 018 Draft 01 2008-2010OFFICE OP THE COUNTY CLERIC County of Hawaii Kona , Hawaii Introduced By: Donald Ikeda Datelnn~oduced: March 18, 2009 First Reading: March 18, 2009 Published: N/A REMARKS: 03/18/09 - Close File Second Reading To Mavor: Returned: _ Effective: _ Published: REMARKS: ROLL CALL VOTE AYES NOES ABS EX Enriques X Ford X Greenwell X Hoffmann X Ikeda X Naeole X Onishi X Yagong X Yoshimoto X 0 9 0 0 ROLL CALL VOTE AYES NOES ABS EX Ford Greenwell Hoffmann Ikeda Naeole Onishi Yoshimoto I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FORM AND LEGALITY: COUNCIL CHAIRMAN DEPUTY CORPORATION COUNSEL COUNTY OF HAWAII COUNTY CLERK Approved/Disnpproved 20 Bill No.: day Reference: Ord No.: 18 C-95/PC-9 NlAYOR, COUNTY OF HAWA17 COUNTY OF HAWAII ORDINANCE NO. STATE OF HAWAII BILL NO. l s AN ORDINANCE AMENDING THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAII BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL TO THE URBAN DISTRICT AT WAIAKEA, SOUTH H1L0, HAWAII, COVERED BY TAX MAP KEY: 2-2-048:010 AND 120. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION l . The State Land Use Boundaries Maps for the County of Hawaii are amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Waiakea, South Hilo, Hawaii, shall be Urban: LOT A: Beginning at the northeast corner of this parcel of land, being also the southeast corner of Waiakea Uka Flood Control and on the westerly side of Awa Street, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALM", being 14,839.05 feet South and 13,455.99 feet East, thence runnhrg by azimuths measured clockwise from true South: 1. 341° 00' 179.50 feet along Awa Street; 2. Thence along Ka`oko`a Place on a curve to the right with a radius of 30.00 feet, the chord azimuth and distance being: 26° 00' 42.43 feet; 3. 71° 00' 481.00 feet along Ka`oko`a Place; 4. Thence along same on a curve to the right with a radius of 13.00 feet, the chord azimuth and distance being: 116° 00' 18.39 feet; 5. 71 ° 00' 141.00 feet along Ka`oko`a Place and the remainder of Grant 13,034 to isami Nagano and Kikue Tanoue Nagano (Lot 6-C); 6. 161 ° 00' 196.50 feet along the remainder of Grant 13,034 to Isami Nagano and Kikue Tanoue Nagano (Lot 6-C); 7. 251 ° 00' 665.00 feet along Waiakea Uka Flood Control to the point of beginning and containing an area of 3.151 Acres. LOT B Beginning at the southeast corner of this parcel of land, being also the northeast corner of Grant 13,035 to Martin John Branco (Lot 7-A) and on the westerly side of Awa Street, the coordinates of said point of beginning referred to Government Survey Triangulation "HALM", being 15,282.50 feet South and 13,608.69 feet East, thence running by azimuths measured clockwise from true South: 71 ° 00' 665.00 feet along Grant 13,035 to Martin John Branco (Lots 7-A, 7-B and ~-C); 2. 16] ° 00' 196.50 feet along the remainder of Grant 13,034 to Isami Nagano and Kikue Tanoue Nagano (Lot 6-D); 3. 251 ° 00' 141.00 feet along the remainder of Grant 13,034 to Isami Nagano and Kikue Tanoue Nagano (Lot 6-D) and Ka`oko`a Place; 4. Thence along Ka`oko`a Place on a curve to the right with a radius of 13.00 feet, the chord azimuth and distance being: 206° 00' 18.39 feet; 5. 251° 00' 481.00 feet along Ka`oko`a Place; 6. Thence along same on a curve to the right with a radius of 30.00 feet, the chord azimuth and distance being: 296° 00' 42.43 feet; 7. 341° 00' 179.50 feet along Awa Street to the point of beginning and containing an area of 3.151 Acres. -2- 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: A. 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 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 of 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 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 HAWAII Hilo, Hawaii Date of Introduction: Date of I st Reading: Date of 2nd Reading: Effective Date: REFERENCEt Comm: 9.5_ -3- N Agric Rural MPNw~St Agricultural Sit t Agricultural a 10.839.05 S 17,455.99 E (( ~) ..FIALAL. nE l~l(~'i7{~ ~i~s{~~ { I 4 7111 ~~;~{ , j(p~ 11 i i) ~I~i~£~~~~~~~{{ ~{ {~~ t!!1 Niii 1777777711 ! ~ 31~~7~ H~f4i£44 117 yi ., ~i ~J~7 ' , 3 {u ~ S - Ii lii ~1 !GI{l;~~~~a~~I;li~I I Ito II il~;i~l~~l i~E7{l~'ii7~,7i „~; ~' ~ I ~£ i~ry'~{'7 '{ : I' U~ {~~{~ w ~ ~ . ~~ II : {~~{ lV Il {~ tP'~7i~~' (7 41"t i' GR~('iV~' P URe ~ II I~ ~ S ' ~~~ {~ Rg ,. ~~ t { 4t~ , 1 i~ ~III{t~3tl 7, 3~5gpC {,{t1t4+= , Et't~t a I t N tt I 4 t t~ ~~i;~7 7~ , OP ~ ) ~ 7 is(j +?~pt Gtn4 7' pK 74 ( ~ i i i{ ~ li i,>7it~h{ ~ {iil7~t~illi~~(~{~~~[~[I~~ ~7~~itt f~f i~{ C{ 901 s II i~t ~s) ~~~117 ' 7) {(~ ~~~ ~ ~ . £ ~1~' ~, 3' ~ 3 +tflt iEit N~ )f~i~i,(J]~4~7 '~~77 ,£ ' £'! ~; ~ ~~~ jti#{t' ~ 7 ! £is £IiI 4N,it~ri'~~a~ ~I. ~5~ I 28Y.50 S ( 15 (f ( { ~I t { 7 ~~zz•. ~~~ . ~ I ~# I r~ tki 7 7 ~ ( nil (~~ ~~l~C~~~13'~~~~h>N 13,608.69E ~I~7~~~~11 GRV~iVl ~ ~{Es~~i~7~~~~~I~ IS ^llaar~ ~ ( ~~ ~ 7 # A BP .t ~ 411 a 4 ES ; UR ~R ' Agi oral ~ i~ja~ CiI~ (I~I,~(~4, ~'l,i3 7 315 p ~~t I 1 (~~4~i{G,pi A rICIIItOral ' yt~ ,4ij7£{~ i g -. ,., I i, tn, Agricultural Agricult 1 0 165 330 660 990 1,320 - Feel AMENDMENT TO STATE LAND USE BOUNDARIES MAP AMENDING THE STATE LAND USE BOUNDARIES MAP FOR THE COUNTY OF HAWAII, BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL DISTRICT TO THE URBAN DISTRICT AT WAIAKEA, SOUTH HILO, HAWAII MAP PREPARED IfY.~ MK: 2-2-048,010 & 120 COUMYOFHAWA//, PL4NNING DFPARTMEM DATE: Jul 14 200 EXHIBIT "A" (SonomuraRentals, Inc.:08-171)