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HomeMy WebLinkAboutBIL 034 Draft 01 2008-2010COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. 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 DTSTRICT AT KEAAU, PUNA, HAWAII, COVERED BY TAX MAP KEY: 1-6-003:018 AND 023. 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 Keaau, Puna, Hawaii, shall be Urban: Beginning at the north corner of this parcel of land, the coordinates of said point of beginning referred to Government Survey Triangulation Station "OLAA" being 11,208.80 feet North and 9,990.50 feet East and running by azimuths measured clockwise from True South: 1. 347° 44' 530.52 feet along the remainder of Lot 41, Land Court Application 1053, Map 7; 2. 58° 10' 876.41 feet along Lot 41, Land Court Application 1053, Map 7; 3. Thence along Exception 6, Land Court Application 1053, Map 1 along a curve to the left having a radius of 901.95 feet, the chord azimuth and distance being: 165° 33' 15" 364.91 feet; 4. 153° 53' 154.98 feet along Exception 6, Land Court Application 1053, Map 1; 5. 222° 33' 74.01 feet along Lot 32 (Roadway) Land Court Application, Map 6; 6. 239° 40' 858.63 feet along Lot 32 (Roadway) Land Court Application, Map 6 to the point of beginning and containing an area of 10.373 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: A. The applicant shall notify prospective purchasers, tenants, or lessees of the subject properties 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 the subject properties. B. Any action that would interfere with or restrain farming operations on adjacent or contiguous properties shall be prohibited; 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 inva]idity shall not affect the other parts of this ordinance. -2- SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: !~~ COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: -3- ktf tkENGF~ Comm. 149 Agricultural Agricultural u,z°a.a° N 9,990.50 E °~ AGRICULTURAL TO URBAN Agricultural 70.373 ACRES ~OPO pVE. Agricultural ~ QP ~ ~ / ~ Urban ~~ Agricultural ~ % '~ ~~ Agric Itural Q ~~~~ \\ O \~~ ~ Urban ¢~ Agricultural Y ~ Agricultural Urban KEggU BYPASS R .Agricultural . D. Agricultural Urban ----_ 0 500 1,000 2,000 3,000 4,000 \\~~Asri ral Feet ~~ AMENDMENT TO THE STATE LAND USE BOUNDARIES MAPS 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 KEAAU, PUNA, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMK:1 {-03:18 & 23 DATE: November 12, 2008 EXHIBIT "A^ (Hawaiian Rainforest Water Co., LLC