HomeMy WebLinkAboutCOM 0258.001 2008-2010
Pete Hoffmann htv ur p~ Phone No. Hilo: (808) 961-8027
Council Vice Chairman '•;cC Phone No. Waimea: (808) 887-2043
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District 9 -North and South Kohala Fax No.: (808) 887-2072
` E-Mail: poffmann@co.hawaii.hi.us
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;;*OF
HAWAII COUNTY COUNCIL
County of Hawai `i
Hawai'i County Building Holomua Center
25 Aupuni Street 64-1067 Mamalahoa Highway, Suite C-5
Hilo, Hawai'1 96720 Waimea, Hawaii 96743
MEMORANDUM
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K~:r
TO: J Yoshimoto, Chair
and Members of the Hawaii County Council C t
FROM: *_Pete Hoffmann, Vice Chair cn
DATE: April 14, 2009
SUBJECT: Supporting Documents for Resolution 106-09 cn
_s W
Attached for your consideration are the supporting documents to resolution 106-09.
The supporting documents include parcel information and background, maps of corresponding
parcels, and especially, letters from the parcel sellers that they are open to negotiations for land
conservation sale and purchase.
Thank you.
PH/kf
Attachment
Comm. No.
Ref. To: Fresentad
Ref. Uate 'R 21 2009
Serving the Interests of the People of Our Island
Hawaii County Is An Equal Opportunity Provider And Employer
Offering Memorandum
Kona AIN Oceanfront
Four parcels at substantial price reductions
75-6060, 75-6066, 75-6076 Ali`i Drive
Kailua-Kona, Hawaii
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Presented by:~1%===`~
Exclusive Sales Agent 4l
Clearly Maui, Inc.
635 Kenolio Road
Kihei, Hawaii 96753
Telephone: 808-875-7001
Facsimile: 808-874-6435~Q
Allen T. Yap, CCIM
SVP/Principal Broker
allenyap@clearlymaui.com
A
y
Kona AIN Oceanfront
Disclaimer Disclosure
The information contained in this offering has been prepared by Clearly Maui, Inc. as author-
ized by the Seller. The information contained herein has been compiled from sources deemed
to be reliable; however, neither the information nor the reliability of such sources can be guar-
anteed. Many assumptions, projections and estimates contained herein are variable by nature
and are subject to changing economic and political conditions. The Seller, its agent, nor any
affiliates, have made, and by this memorandum they do not make or imply, any promise, repre-
sentation, warranty or other assurance of any kind or nature regarding or in any way pertaining
to the Property.
Seller, and/or its agent, makes no representation or warranty, expressed or implied, as to the
accuracy and completeness of any information provided herein or to the related engineering o
environmental matters, which may affect the Property. Each prospective buyer shall rely solely
upon their own investigation and evaluation of the Property to form their own conclusions as
to the advisability of completing the contemplated transaction without reliance upon the
material contained herein. Each prospective buyer is also expected to seek professional advice
in support of the transaction contemplated herein.
This offering memorandum is subject to change or withdrawal at any time without notice.
The Seller and/or its agent also reserves the right, in its sole discretion, to reject any or all
offers, proposals or other expressions of interest regarding acquisition of the Property, and prior
to entering into any agreement may terminate related discussions and/or negotiations with any
prospective buyer and/or its agent at any time, with or without notice.
~ . -n.- n.l"~?`--° *`?~%"~75. rte, '<J'~ ~ ' ~ ~ _
T t,~•T Y~~ Kona AIN Oceanfront
Kona Ah'i Property Information
TMK/Size: (3) 7-5-020:022 182,970 sf
(3) 7.5-020:024 134,078 sf*
(3) 7-5-020:028 1,435 sf//JJ
(3) 7-5-020:034 (1) 116,650sf~~ flf~
(3) 7-5-020:034 (2) 115,418 sf °f
*Parcel 024 land area includes three small parcels totaling 7,241 sf
Location: 75-6060, 75-6066, 75-6076 Alii Drive, Kaitua-Kona, Hawaii Price: SOLD Parcel 024 $3.05 -$4:9"million
Parcel 034(1) $2.95 -$3:8"miIlion ( ^ l"
Parcel 034O 2 'A"'"°"A"
$3.70 -$3-:5-million ;x AP^EA ;
& Parcel 028
q~e 2:
**Parcels 028 and 034(2) sold together
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ILUA:KONA
Land Tenure: Fee Simple Kona M ameis '
S K Nand Ya`aau
h
Kona Regional Sl Y t A V'1.o Akeham/Po,l 1
SAY
Plan Designation: Residential
Zoning: RS-15
Island of Hawaii
Special -
Management
Area: Yes
Utilities: County water/sewer and electricity available to serve the Property
Ocean
Frontage
Total: 900 feet (approximately)
Ali`i Drive
Frontage Total: 560 feet (approximately)
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Kona AIN Oceanfront
Highlights
• Property consists of four (4) contiguous vacant parcels
• Last of the prime large ocean front properties on Alit Drive in Kona
• Located in the center of the Kailua-Kona resort community
• Ready for immediate development
• All utilities available to individual parcels
• Potential future subdivision of individual parcels
• Parcels may have on-site archeological features
• Very strong residential area sales
Transaction Process
• Offers to be submitted to Seller's agent
• All offers to be cash to Seller at closing
• Property to be sold in "as is, where is" condition
• Escrow to be processed by Title Guaranty Escrow Service, Inc., Kahului, HI
• Escrow to close within 90 days from Seller's acceptance of purchase agreement
• Coop broker fee offered, restrictions apply
This exclusive offering represents a rare and unique opportunity to individually develop the
last four (4) residential oceanfront lots in Kailua-Kona, located in the center of the resort
community on AM Drive, halfway between downtown Kona and the community of KeauhOU.
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Kona AIN Oceanfront
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sProperty Photos
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Looking South Toward Center of Parcels Center of Parcels
Casa De Emdeko Coastal Line Looking Mauka Looking Toward the Ocean
North from Center of the Shoreline as viewed SW Corner of Property
Property Coastal Line South to North viewing North
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Fact Sheet for Pao'o and Kaiholena
Page
Parcel information and background 1
Map of N Kohala Coast with Pao'o and Kaiholena highlighted 2
Letters from landowners and representatives stating willingness 3,4
to sell for conservation purposes
2006 Letter to Mayor Kim from 30+ Kohala businesses and 5
organizations supporting preservation of N Kohala coast
Documentation of 40+ years of work to preserve the N Kohala coast...... 6
Parcel Information and Background
Owners, Acreage, TMKs, Contact Information
Both are coastline parcels
Parcel Name Owner Acres TMKs
Pao'o Jonathan Cohen (Aloha LLC) 10.61 3-5-7-001-005
Kaiholena Pohaku Kea LLC 151.61513-5-8-001-011,019,020,024
Kaiholena EWM Investments LLC 110.864 3-5-8-001-021,022,023,025
See page three and four for the attached letters from the landowners and representative for
contact information for the landowners.
Cultural and Archeological Information
These parcels, which are contiguous and adjoining, have the MOST NUMEROUS, INTACT,
PRE-CONTACT ARCHEOLOGICAL AND CULTURAL SITES IN THE STATE.
Pao'o has a unique complex of canoe hale and a burial complex including a unique burial
enclosure for a Kohala Ali'i with walls that are sacred and hold special meaning for Hawaiians.
Kaiholena has many sites including ahu, burial sites, platforms, enclosures, terraces, walls,
compound structures, etc.
In 2001, the Association of Hawaiian Civic Clubs (representatives of all Civic Clubs) passed a
resolution urging the Hawaii County Council to redesignate the North Kohala Coastline to
Conservation/Open and recognized the long history of community support for preserving the
Kohala Coast and that the North Kohala coastline is historically and culturally very important to
all people of Hawaii, but particularly to Native Hawaiians
Open Space Commission Reports
Pao'o and Kaiholena have been on all three Open Space reports (2006, 2007, and 2008). Pao'o
was ranked #1 for purchase by the County in 2007 and #2 in 2008 and Kaiholena was prioritized
for purchase in the 2007.
County Council Resolutions
Resolutions, numbered 616-08 and 644-08, were passed unanimously by the County Council and
Pao'o and Kaiholena Information Page I of 10
direct the County to purchase Pao'o and Kaiholena, respectively.
Community Development Plan
The North Kohala Community Development Plan identifies both Kaiholena and Pao'o as
priorities for preservation, free of development.
Community Support
The community has been working for 40+ years to preserve this coastline including Kaiholena
and Pao'o. See the attached summary of work, petitions, plans, resolutions, and bills on Page 7.
In 2006 30+ businesses and organizations sent a letter to Mayor Kim asking him to prioritize the
North Kohala coast for protection. See page 8 for the letter to Mayor Kim.
Nearly 8,000 signatures have been collected calling for the preservation of the North Kohala
Coast
In 1990 community members created a video featuring kupuna William "Papa" Akan and Clyde
"Kindy" Sproat expressing the communities desire to preserve the Coast for future generations,
and
Statewide Significance
In addition to having the most numerous intact precontact archeological and cultural sites in the
State, purchasing Pao'o and Kaiholena will assist with preserving the longest protected open
space stretch in the State viewable and accessible by a highway.
In 1988 and 2001, Senate Concurrent Resolutions 179 and 146, S.D.1 passed both houses of the
State Legislature, urging the retention and preservation of open space along the coastline of the
North Kohala District.
Natural Resource Protection
Preserving Kaiholena and Pao'o _ x; . .
will protect near shore marine
environment and water quality -
which we need given the ,c k . `'t } , t
significant degradation to water
quality and the reef just south of
. ~r t
this area caused by development ~ ~ ~,j ~ "'':f ~
activities.
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Pao'o and Kaiho[ena Information Page 2 of 10
From the North Kohala Community Development Plan, Page 31
Pao'o and Kaiholena identified as key purchases to preserve North Kohala Coast
Chapter d Action Prol:mm,
Figure 6: Key Purchases to Preserve the North Kohala Coast
I
Key Purchases To Preserve North Kohala Coast
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Pao'o and Kaiholena Information Page 3 of 10
Confirmation that Landowners of Pao'o and Kaiholena Are Willing to Sell
taco: JONATI 1\ 1 (A)HEN
April 6. 2009
To Whom it may Concern'
County of Hawaii
Ref Pao'oTMK -5-7-01:5
Following your enquiry I confirm that, a mutually acceptable pare and terms can be agreed, I am
willing to sell Pao'o (ref above) for conservation purposes. I am also willing to discuss this with
Ina County.
Ki
Jonathan J Cohen
-CEF:eofS`.1E!:i.J
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Pao'o and Kaiholena Information Page 4 of 10
March 1_6. 2009
County of Hawaii
Hilo, tlwvaii 96720
RE: Av,d 1abilily Status of Kaiholcna Ocean &nnt Acreage - 262 acres
TM K4315-5-1-011,019.020.024(appiox lal+acres) Owner. Pohaku LLC
'L19Ka376-S-I-021.022.K3.N5 (uppanx I I1-acres) Owner: EWNI Invesunenls, LLC
i
To whom it may concern.
This nNnsmittal is to conlinn that the above referenced properties located nl Kaiholena.
North Kohala District. County of Hawaii arc available for purchase, and ere actively.
MLS listed, for sale «ith our office, RE'MAa Pacific.
Wn believe that either or both, of rho nvn separate property owners would consider
enlcaing into negotiations with the County of I lawaii for their purchase.
'I he Kaiholena property has approximately 1.5 miles of ocean frontage and
approximately 1 mile of frontage between mile markers 1 I :C 12 on fire Akoni Pule Hivy.
If you wish additional information please feel free to cell or write.
Sincerely, '
l
Charles A. Anderson, P13
REMAX Pacific
QOM Pacific
65-1323 Kawaihae Road • Kamuela. Hawaii 96743 • office: (808) 885-5557 • Fax: (808) 885-4895
Pao'o and Kaiholena Information Page 5 of 10
2006 Letter to Mayor Kim from 30 Kohala Businesses and Organizations
Malama Knhala Kahakai
(Preserving the Kohala Coast)
January 31, 2006
Kohala Hawaiian Civic Club
Aloha Mayor Kim,
Kohala Senior Citizens Club
This letter is sent on behalf of the 30 organizations and businesses
North Kohala Merchants Assoc. listed to the left and the individuals named on the next page. Over the
(representing 19 businesses in last 30 years, the people of Kohala have continuously expressed the
North Kohalnl desire to see the Kohala Coast permanently protected. The reasons
that the people of Kohala have wanted to save the coast in the past
North Kohala Conununity are still just as compelling and relevant today and include,
Resource Center • areas of unquestionable archeological and cultural significance
including the best pre-contact Hawaiian archaeological sites in the
New Moon Foundation General state, which have no protection, such as Holo Moans, the only
Manager, Suzanna Gratz navigational heiau on the island,
• one of the last most contiguous view planes from a highway in the
Kohala Community Land Trust slate,
• protection of the foundation for a sustainable economy that
Kohala Action l l respects the unique cultural and environmental landscape of
Kohala,
Historic Hawaii Properties LLC ' a relatively small number of large land owners, which makes
acquisition and protecting this area easier and more efficient
Hokti%vai Inc. • protection for pristine marine environments
• sustaining access to areas that have been used for generations for
Hawaii Natural Resource camping, hiking, swimming, fishing, etc.
Services LLC
For these reasons, yre urge you and the Public Access, Open Space,
Maill Ka Makani Inc and Natural Resources Preservation Commission to prioritize for
protection the North Kohala coastal area makai of Akoni Pule
Knhala Natural Healing Arts Highway from Kohala Waterfront to Puakea and for select other
coastal sites of significance such as Hale O Kaili Heiau, Kapanaia,
Malama Kai Foundation Mookini Heiau, the Kohala Lighthouse area, etc. A map delineating
this area and listing the associated Tax Map Keys is enclosed.
Knhala Project Venture
For some of the individuals signing this letter, preserving the Kohala
Na Huapala'0 Hawaii and Coast is the work of their heart and soul and they are committed to
Malama Kukui Cultural spending the rest of their lives on this work.
Learning Center
Mati for your kokua in preserving these irreplaceable natural and
Malama Kohala Kahakai cultural resources.
Cc: Hawaii County Council
Public Access. Open Space, and Natural Resources Preservation Commission
Representative Dwight Takamine
Senator Lorraine Inoyue
Rick Bennett. Ph.D.. Hawaii Island Land Trust
Joshua Stanbro, Trust for Public Lands
Contact Information
Fred Cachola and Gail Byrne c/o North Kohala Community Resource Center P.O. Box 2. Hawi. Hawaii 96738
Fred: 808-685-4293 or Gail: 808-8838268
FredCachola@aol.com gaimyrne@hawaii.m.corn
P'ag:r l qj'
Pao'o and Kaiholena Information Page 6 of 10
40+ Year History - Preserving the North Kohala Coast
Preserving the North Kohala Coast has over a 40 year documented history of community
support for and work to preserve this incredible coastline in open space and keep it free of any
development makai of Akoni Pule Highway. The 40 years worth of petitions, government
resolutions, letters, and plans are summarized below.
For decades, four of Kohala's most beloved kupuna and community leaders have worked to
preserve the Kohala Coastline in open space. Their names and signatures are on many of the
documents, petitions, and letters summarized below. These kupuna are: Marie Solomon,
William Akau, Armstrong Yamamoto, Clyde Sproat
In 2009, HOUSE BILL 26 TO DOWNZONE STATE LANDS TO CONSERVATION TO
ENSURE NO DEVELOPMENT OF STATE LANDS MAKAI OF AKONI PULE HIGHWAY
between Kohala Ranch and Kukuipahu-Haena was re-introduced.
In 2008, the HAWAII COUNTY'S PUBLIC ACCESS, OPEN SPACE AND NATURAL
RESOURCES COMMISSION again identified Pao'o as a top priority for permanent protection
by the County.
In 2008, HOUSE BILL 2607 TO DOWNZONE STATE LANDS TO CONSERVATION TO
ENSURE NO DEVELOPMENT OF STATE LANDS MAKAI OF AKONI PULE HIGHWAY
between Kohala Ranch and Kukuipahu-Haena was introduced. Organizations from around
the State have testified in support of HB-2607 including the University of Hawaii and the
Office of Hawaiian Affairs
In 2007, the HAWAII COUNTY'S PUBLIC ACCESS, OPEN SPACE AND NATURAL
RESOURCES COMMISSION identified the four North Kohala coastal parcels as the top four
priorities for permanent protection by the County. These properties are: Pao'o, Kukuipahu-
Haena, Mahukona, and Kaiholena.
In 2006, the HAWAII COUNTY'S PUBLIC ACCESS, OPEN SPACE AND NATURAL
RESOURCES COMMISSION identified the three private in-holding in Lapakahi as a high
priority for purchase for permanent protection. The Commission also identified Mahukona,
Kamano, Kou, Hihiu, and Kamona ahupua'a along the Kohala Coast as priorities for purchase
In 2006, THIRTY (30) KOHALA BUSINESSES AND ORGANIZATIONS signed a letter
requesting Mayor Kim to prioritize the North Kohala Coast for permanent protection
In 2001, SENATE CONCURRENT RESOLUTION 146, S.D. 1, passed both houses of the State
Legislature, urging the retention and preservation of open space and view planes, historic sites,
and traditional access along the coastline of the North Kohala District and again called for
collaboration to discourage subdivision and building development
In 2001, CHAIRPERSON of the STATE BOARD OF LAND AND NATURAL RESOURCES,
Mr. Gilbert Coloma-Agaran, testified before the State Senate Committee of Water, Land, Energy
and Environment, in support of SR 146 and pledged DLNR's support to coordinate with the
residents of Kohala and County of Hawaii. His testimony also recognized the importance of the
numerous natural, scenic, historic and cultural resources abounding in Kohala and its coast.
In 2001, the ASSOCIATION OF HAWAIIAN CIVIC CLUBS (representatives of all Civic Clubs)
passed a resolution urging the Hawaii County Council to redesignate the North Kohala
Pao'o and Kaiholena Information Page 7 of 10
Coastline to Conservation/Open. The resolution recognized a long history of community
support for preserving the Kohala Coast and that the North Kohala coastline is historically and
culturally very important to all people of Hawaii, but particularly to Native Hawaiians.
In 2001, the KOHALA HAWAIIAN CIVIC CLUB, KOHALA FILIPINA COMMUNITY
ASSOCIATION, KOHALA PUERTO RICAN SOCIAL CLUB, KOHALA HISTORIC AND
CULTURAL PRESERVATION GROUP AND REVERED KUPUNA WILLIAM AKAU requested
the Hawaii County Council to place a moratorium on all subdividing and development makai of
Akoni Pule Highway from Kawaihae to Pololu Valley.
In 2001 and then again in 2002, the KOHALA COMMUNITY REPRESENTED BY REVERED
KUPUNA and community members signed and sent a letter to the County documenting
Kohala's 30+ years of work to protect the Kohala Coast. This letter recognized that people from
all over the Island (Ka'u, Hilo, Puna, Hamakua, Kona) still come to Kohala with their families to
fish and camp.
In 2002, the KOHALA HISTORIC AND PRESERVATION COMMITTEE submitted a petition
with more than 1,000 signatures requesting the County protect and preserve the Kohala
Coastline
In 2002, the COUNTY OF HAWAII PLANNING COMMISSION with the agreement of the
HAWAII COUNTY PLANNING DIRECTOR recognized the significance of the feeling of open
space that is so important to North Kohala and incorporated SR 146 into the Hawaii County
General Plan
In 2000, the KOHALA HISTORIC AND PRESERVATION COMMITTEE collected well over
six hundred signatures from Kohala residents and submitted them as part of a community
response to the update of the Hawaii County Comprehensive Plan, urging the preservation and
protection of the region from Kawaihae to Pololu Valley
In 1994, SENATE CONCURRENT RESOLUTION 116 called on the Department of Land and
Natural Resources to consider public acquisition of the Kohala Coast prior to construction of any
additional infrastructure
In 1994, SENATE RESOLUTION 85 urged DNLR to consider Kohala Coastal acquisitions
In 1993, HAWI TOWN CONFERENCE PARTICIPANTS identified the "undeveloped coastline"
as a defining element of the town character
In 1992, SENATE CONCURRENT RESOLUTION 211 called on the County and State to
develop a plan to protect the open space and historic sites makai of Akoni Pule Highway and to
promote non-exclusive public enjoyment of the area AND that the County and State should
discourage any subdividing and building until such a plan is in place.
In 1992, THE NORTHWEST HAWAII OPEN SPACE AND COMMUNITY DEVELOPMENT
PLAN, calls for a comprehensive effort to protect valuable North Kohala coastal areas as open
space for public use and enjoyment
In 1991, THE GOVENOR CALLED FOR THE PROTECTION OF THE NORTH KOHALA
COAST IN HIS ANNUAL ADDRESS.
In 1990, LOCAL RESIDENTS PRODUCED A VIDEO FEATURING CLYDE SPROAT AND
WILLIAM AKAU (revered kupuna) documenting the community's desire to protect the Kohala
Pao'o and Kaiholena Information Page 8 of 10
Coast
In 1990, the HAWAII STATE DEMOCRATIC PARTY and the HAWAII COUNTY
DEMOCRATIC PARTY both adopted resolutions at their conventions calling for the State and
County to develop and implement a plan to protect the open nature of the coast, preserve its
valuable historic sites and promote nonexclusive enjoyment of it by residents and visitor alike."
In 1990, DECISION - ACTION 90's, a report to Hawaii County, calls on the State and County to
"quickly and clearly establish areas in the County that are never to be developed" and cites
Kohala as an example where development should be discouraged
In 1990 COASTLINE CONFERENCE - recommendations to form a special area designation for
the coast such as scenic heritages or historic corridor
In 1989, the HAWAII COUNTY COUNCIL PLANNING COMMITTEE passed a resolution calling
for protection of the coastline from development and calling for a survey of the coast. The
resolution was passed unanimously
In 1989, the WEST HAWAII REGIONAL PLAN says the State and County have already over-
committed West Hawaii in resort and resort-residential development and shows no resort-
residential development in North Kohala. The plan identifies the cliffs and valleys of Kohala
Mountain and the panoramic coastal views from Kohala Mountain as highest on its list of
"important scenic heritage resources"
In 1988, almost 6,000 HAWAII ISLAND SIGNATURES WERE COLLECTED FOR A
PETITION CALLING FOR A BUILDING MORATORIUM makai of Akoni Pule Highway. The
signature were collected by the Citizens for the Protection of the North Kohala Coast and over
half of the signatures were from Kohala
In 1988, SENATE CONCURRENT RESOLUTION 179 passed both houses of the State
Legislature and called on governments to work together to ensure public view and open space
along the coast and to discourage development makai of Akoni Pule Highway
In 1988, DLNR commissioned the study "NORTH KOHALA: PERCEPTIONS OF A
CHANGING COMMUNITY", which indicated the intent of past state administrations and DLNR
staff to preserve and protect the North Kohala Coast. This study also stated that the North
Kohala Coast has the most numerous and intact, pre-contact archeological and cultural
sites in the state
In 1983, THE NORTH KOHALA COMMUNITY DEVELOPMENT PLAN, adopted by resolution
by the County Planning Commission, which implements the General Plan for the North Kohala
District, recommended for OPEN classification the entire length of the North Kohala Coast
In 1972, the DLNR study entitled "NORTH KOHALA, PRESERVATION OF ISTORICAL
RESOURCES" indicated the intent of past state administrations and DLNR staff to preserve and
protect the North Kohala Coast.
Early 1970's newspaper articles discuss the need to preserve the coast
In 1963, the KOHALA-HAMAKUA REGIONAL GENERAL PLAN stated that development and
resorts should be concentrated in South Kohala and away from existing residential areas such
as Hawi. No resort zoning was identified along the North Kohala Coast.
Pao'o and Kaiholena Information Page 9 of 10
Additionally, many important community organizations have continually offered their support to
preserve the North Kohala Coast and have signed and supported the above petitions and letters
and resolutions. These organizations include:
• Kohala Kupuna Council
• Kohala Filipina Association
• Kohala Hawaiian Civic Club
• Kohala Puerto Rican Club
• Kohala Historic and Preservation Group
• Long time local merchants
Pao'o and Kaiholena Information Page 10 of 10