HomeMy WebLinkAboutORD 2009-051 2008-2010COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO.
09 51
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 KEAAU, PUMA, HAWAII, COVERED
BY TAX MAP KEY: 1-6-003:018 AND 023.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`L
SECTION 1. 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° ] 0' 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 l;
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
invalidity 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
Kona Hawaii
Date of Introduction: April 8, 2009
Date of 1st Reading: April 8, 2009
Date of 2nd Reading: April 22, 2009
Effective Date: May 11, 2009
-3-
kthtkENG6 Gorton. 149
Agricultural
~~
Agricultural
11,208.80 N
9,990.50 E
~0~ AGRICULTURAL
TO
URBAN
Agricultural 10.373 ACRES
pVE.
OpO Agricultural
Fti
~
_p
`CJ
~
/
~
Urban ~~~ Agricultural ~
'~
/
~~ Agric Rural
Q \~~~
\~
~~
O
~ Urban
~ Agricultural
~
~ Agricultural
Urban
KEAAU BYPASS -Agricultural .
RD.
Agricultural _
Urban ----
0 500 1,000 2,000 3,000 4,OO
ral
~s
~
eet
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:1-6-03:16 8 23 DATE: November 12, 2008
EXHIBIT "A.. (Hawaiian Rainforest Water Co., LLC
Map oe-172)
OFFICE OF THE COUNTY CLERK
County of Hawaii
Kona, Hawaii
Introduced By:
Date Introduced:
First Reading:
Published:
REMARKS:
Donald Ikeda
April 8, 2009
April 8, 2009
N
Second Reading: April 22, 2009
To Mayor: Apr il 30, 2009
Returned: May 12, 2009
Effective: May 11, 2009
Published: May 19, 2009
REMARKS:
.r i... ; ~ - -,
RO~~,'~ E
AYES NOES
.: .. . ABS EX
Enriques X , ~ >`7 "
J. i~ ~ `Vi'i-1-r;1
L.; ,:,~ ~
Ford X ~ ` `
Greenwell X
Hoffmann X
Ikeda X
Naeole X
Onishi X
Yagong X
Yoshimoto X
8 0 1 0
ROLL CALL VOTE
AYES NOES ABS EX
Enriques X
Ford X
Greenwell X
Hoffmann X
Ikeda R
Naeole X
Onishi X
Yagong X
Yoshimoto X
9 0 0 0
I DO 1/EREBY CERT/FYthat the foregoing BILL Naas adopted by the County Council published as
indicated above.
APPROVED AS TO
FORM A~{JD L~ LIT %
DEPUTY CPRPORATION COUN~L
COUNTY OF HAWAII
Date MAY - 8 2009
COUNCIL CHA/RMAN
~`
COUNTY CLERK
Bill No.: 34
~POR,
/ / V
~1
is roved this qqq day
of , 20~.
`! ~
OF HAWA/ `/
C-149/PC-24
Reference:
Ord No.: ~9 ~1