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HomeMy WebLinkAboutORD 2010-042 2008-2010 � .MYY Oi M..... COUNTY OF HAWAII "y %'• STATE OF HAWAII ..! 0l.N 10 �z BILL NO. 225 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 DISTRICT AT KEA'AU, PUNA DISTRICT, HAWAII, COVERED BY TAX MAP KEY: 1 -6- 152:018. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. The State Land Use Boundaries Maps for the County of Hawai`i are amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kea'au, Puna District, Hawaii, shall be Urban: Beginning at the northeast corner of this parcel of land and running by azimuths measured clockwise from True South: 1. 312° 37' 191.62 feet along Lot 26 of Land Court Application 1053 (Map 6); 2. 58° 10' 410.74 feet along Lot 1151 -B -1 of Land Court Application 1053 (Map 168); 3. 158° 00' 169.25 feet along Lot 24 -B of Land Court Application 1053 (Map 545); 4. Thence along Lot 24 -B of Land Court Application 1053 (Map 545), along a curve to the right having a radius of 50.00 feet , the chord azimuth and distance being: 203° 00' 70.71 feet; 5. 248° 00' 150.00 feet along Lot 24 -B of Land Court Application 1053 (Map 545); 6. 158° 00' 22.50 feet along Lot 24 -B of Land Court Application 1053 (Map 545); 7. 247° 17'. 122.58 feet along Lot 26 of Land Court Application 1053 (Map 545) to the point of beginning and containing an area of 1.646 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 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 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. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Kona, Hawaii Date of Introduction: April 20, 2010 Date of 1st Reading: April 20, 2010 Date of 2nd Reading: May 5, 2010 Effective Date: • May 20, 2010 - 2- REFERENCE, COMM 753 1 t t AGRICULTURAL s G ....1 0 9 1 0 _----- -= URBAN s URBAN rn t AGRICULTURAL � t '� - \ AGRICULTURAL i e 10.... - AGRICULTURAL . tom 1 1 URBAN t51,1 �1 t l 1 1 � S� , � '� 1 TMK(3)1.6- 152:018 AGRICULTURAL it URBAN 1.646 ACRES V A A uRBA ' ' V v VIk x \ \ iA URBAN AGRICULTURAL AGRICULTURAL V \ U BAN \ \ _ __- t \ \, JH 0-0 1 URBAN } %� � ..___ _ \ , s' V \ - ' 'es AGRICULTURAL �S Feet 0 250 500 1,000 1,500 2,000 AMENDMENT TO THE STATE LAND USE BOUNDARIES MAPS AMENDING THE STATE LAND USE BOUNDARIES MAP FOR THE COUNTY OF HAWAII, BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL TO THE URBAN DISTRICT AT KEA'AU, PUNA, HAWAII MAP PREPARED BY: TMK: (3)1- 6- 152:018 COUNTY OF HAWAII , PLANNING DEPARTMENT DATE Nov 6, 2009 EXHIBIT "A" Greenhouse Specialists, Inc. Map: 09 -175 OFFICE OF THE COUNTY CLERK . County of Hawai`i Kona, Hawai`i FiEC _. '`.`+%=L. Introduced By: Donald Ikeda 223 1 2 LL VOTE _ Date Introduced: Apri1 20, 2010 A NOES ' AES EX First Reading: April 20, 2010 Enriques _ a) i f OL _ 1. _ . Published: N/A Ford '°-� L11N 1 Y , H H.'VV/\ }I Greenwell. X REMARKS. Hoffmann X Ikeda X Naeole- Beason X Onishi X Yagong X Yoshimoto X Second Reading: May 5, 2010 9 0 0 0 To Mayor: May 13 , 2010 Returned: May 20, 2010 ROLL CALL VOTE Effective: May 20, 2010 AYES NOES ABS EX Published: May 27, 2010 Enriques X Ford X REMARKS: Greenwell X Hoffmann X Ikeda X Naeole- Beason X Onishi X Yagong X Yoshimoto X 7 0 2 0 1 DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. _ ore APPROVED AS TO - • FORT. ND LEGALITY: ` / COUNCIL CHAIRMAN D .7; r CORPORATION C! r SEL COUN Y OF HAWAI'I Date MAY 14 2010 COUNTY CLERK Bill No.: 225 day R eference: C- 753/PC -74 Approved/Disal proved this ay of ! , ZO �� Ord No.: 20 42 11111b f t, MAYOR, OUNTYOFHAWAII