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HomeMy WebLinkAboutORD 2017-064 2016-2018 1 - COUNTY OF HAWAII STATE OF HAWAII •,�E OF NF'........ ,�• BILL NO. 59 ORDINANCE NO. AN ORDINANCE AMENDING THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAII BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL DISTRICT TO THE URBAN DISTRICT AT KEA'AU, PUNA, HAWAII, COVERED BY TAX MAP KEY: 1-6-141:002. 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, Hawai`i, shall be Urban: LOT 9677: . Being a Portion of Land Court Application 1053 as Shown on Map 559 Situated at Kea'au, Puna, Island of Hawai`i, Hawai`i Beginning at the southwest corner of this parcel of land and running by azimuths measured clockwise from True South: 1. 183° 24' 04" 99.08 feet along Lot A-31-A-2 of Land Court Application 1053 as shown on Map 134; Thence along Lot 1092-E of Land Court Application 1053 as shown on Map 81 for the next thirteen(13) courses, the azimuths and distances between points being: 2. 196° 06' 14" 74.02 feet; 3. 271° 01' 14" 45.01 feet; 4. 242° 06' 14" 105.03 feet; 5. 279° 01' 14" 45.01 feet; 6. 216° 01' 14" 95.03 feet; 7. 241° 31' 14" 40.01 feet; 8. 303° 31' 14" 48.02 feet; 9. 269° 21' 14" 44.01 feet; 10. 214° 01' 14" 130.04 feet; 11. 264° 21' 14" 316.10 feet; 12. 243° 01' 14" 173.06 feet; 13. 208° 31' 14" 55.02 feet; 14. 239° 12' 14" 119.98 feet; 15. Thence along Lot 3 of Land Court Application 1689, along a curve to the left having a radius of 1,168.28 feet, the chord azimuth and distance being: 358° 13' 45" 200.83 feet; Thence along Lot 9678 of Land Court Application 1053 as shown on Map 559 for the next four(4) courses, the azimuths and distances between points being: 16. 56° 01' 18" 286.59 feet; 17. 43° 19' 56" 218.81 feet; 18. 16° 25' 100.00 feet; 19. 90° 40' 32" 644.86 feet to the point of beginning and containing an area of 6.505 acres. All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. -2- 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 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 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 Hawai`i Revised Statutes Chapter 165,the Hawai`i 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: h► B/R c\ymtv COUNCIL MEMBER,11 OUNTY OF HAWAII Kora, Hawai`i Date of Introduction: September 7, 2017 Date of 1st Reading: September 7, 2017 Date of 2nd Reading: September 20, 2017 Effective Date: September 29, 2017 REFERENCE Comm. 386 -3- AGRICULTURAL AGRICULTURAL . '' O AGRICULTURAL AGRICULTURAL LOT 9677 AGRICULTURAL TO URBAN 6.505 ACRES AGRICULTURAL AGRICULTURAL r AGRICULTURAL O L ��l 0 O ri AGRICULTURAL HO -2 it.. O I°O . L O rn �Z O AGRICULTURAL V N URBA KEA'AU-PAHOA BYPASS RD Feet 0 500 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 DISTRICT TO THE URBAN DISTRICT AT KEA'AU, PUNA, HAWAII MAP PREPARED BY: COUNTY OF HAWAII, PLANNING DEPARTMENT TMK:(3)1-6-141:002 DATE:March 30,2017 EXHIBIT "A" Hawaii Island Distilling Map 17-195 COUNTY CLERK OFFICE OF THE COUNTY CLERK COUNTY OF HAWAII County of Hawai`i Kona, Hawai`i 2U17 SEP I I Introduced By: Karen Eoff (B/R) ROLL CALL VOTE Date Introduced: September 7, 2017 AYES NOES ABS EX First Reading: September 7, 2017 Chung X Published: September 16, 2017 David X Eoff X REMARKS. Kanuha X Lee Loy X O'Hara X Poindexter X Richards X Ruggles X Second Reading: September 20, 2 017 8 0 1 0 To Mayor: September 28, 2017 Returned: September 29, 2017 ROLL CALL VOTE Effective: September 29, 2017 AYES NOES ABS EX Published: October 14, 2017 Chung X David X REMARKS: Eoff X Kanuha X Lee Loy X O'Hara X Poindexter X Richards - X Ruggles X 9 0 0 0, I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. CO UN IL CHAIRPERSON pp rove. Disapproved this '2-611)91 day j# of fit1 ,f `1 , 20 (1 lok INTYCLERK 59 Bill No.: MAYO', ' OUNTY F WAI`I C-386/PC-24 Reference: Ord No.: 17 64