HomeMy WebLinkAboutORD 2010-042 2008-2010 � .MYY Oi M.....
COUNTY OF HAWAII "y %'• STATE OF HAWAII
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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
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URBAN
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AGRICULTURAL � t '�
- \ AGRICULTURAL
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e 10.... - AGRICULTURAL
. tom 1 1 URBAN t51,1 �1
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TMK(3)1.6- 152:018
AGRICULTURAL it URBAN
1.646 ACRES
V A A uRBA ' ' V v VIk
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\ iA URBAN AGRICULTURAL
AGRICULTURAL
V \ U BAN \ \ _ __- t
\ \, JH 0-0 1 URBAN } %� � ..___ _
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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