HomeMy WebLinkAboutRES 081 Draft 01 2020-2022COUNTY OF HAWAII
RESOLUTION NO.
STATE OF HAWAII
81 21
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO
NEGOTIATIONS FOR THE ACQUISITION OF TAX MAP KEY (3) 7-7-004:063
SITUATED IN THE DISTRICT OF NORTH KONA, ALSO KNOWN AS MAGIC
SANDS OF LA`ALOA, UTILIZING THE PUBLIC ACCESS, OPEN SPACE, AND
NATURAL RESOURCES PRESERVATION FUND.
WHEREAS, in 2005, the Public Access, Open Space, and Natural Resources
Preservation Fund was established by Ordinance No. 05-85, as codified in Chapter 2, Article 42,
of the Hawaii County Code 1983 (2016 Edition, as amended) (hereinafter "the Code"); and
WHEREAS, Section 2-214.1(c) of the Code provides that the Public Access, Open
Space, and Natural Resources Preservation Fund shall be used for acquiring lands or property
entitlements in the County of Hawaii for the following purposes:
"(1) Public outdoor recreation and education, including access to beaches and
mountains;
(2) Preservation of historic or culturally important land areas and sites;
(3) Protection of natural resources, including buffer zones;
(4) Preservation of forests, beaches, coastal areas, natural beauty and agricultural
lands; and
(5) Protection of watershed lands to preserve water quality and water supply"; and
WHEREAS, Section 2-217 of the Code provides, in part, that a duty and responsibility
of the Public Access, Open Space, and Natural Resources Preservation Commission (hereinafter
"the Commission") is to develop and submit to the Mayor an initial list of qualifying lands
worthy of preservation and to update the list at any time, but at least annually by December 31 of
each year; and
WHEREAS, Section 2-218(a) of the Code provides, in pertinent part, that: "The council
shall, by resolution, select the land or lands to be preserved..." and "[w]here there are multiple
lands under consideration at any one time, priority shall be given to coastal lands..."; and
WHEREAS, Magic Sands of La`aloa is shown on a map depicting its location and
attached hereto by reference as Exhibit "A", is included on the prioritized list of lands to be
considered for acquisition as priority number 15, as submitted by the Commission in its 2020
Annual Report to the Mayor dated December 16, 2020; and
WHEREAS, Magic Sands of La`aloa , located in the district of North Kona, is
approximately 8.814 acres and is significant to the County of Hawaii for the following reasons:
(1) Acquisition would preserve historic and culturally important lands and sites that
promote preservation and perpetuation of native Hawaiian culture, tradition, and
customary practices; and
(2) Acquisition would protect flood plains that are a threat to the public beaches; and
(3) Acquisition would preserve and teach the "living history" of this parcel which
currently remains untouched and intact and therefore depicts how native Hawaiians
lived and farmed in their natural surroundings.; and
WHEREAS, the owner of the subject property is willing to sell the parcel to the County
of Hawaii; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that
pursuant to Chapter 2, Article 42 of the Code, the Director of Finance is hereby authorized to
enter into negotiations for the acquisition of tax map key (3) 7-7-004:063 situated in the district
of North Kona, also known as Magic Sands, utilizing the Public Access, Open Space, and
Natural Resources Preservation Fund.
BE IT FURTHER RESOLVED that the Director of Finance is hereby authorized to
initiate any funding mechanisms required for the acquisition of tax map key (3) 7-7-004:063
situated in the district of North Kona, also known as Magic Sands of La`aloa, in accordance with
the terms of this resolution.
2
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to the Honorable Mitchell D. Roth, Mayor; the Director of the Department of Finance;
and the Public Access, Open Space, and Natural Resources Preservation Commission.
Dated at Kona , Hawai`i, this 5th day of May , 20 21 .
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL
County of Hawaii
Hilo, Hawaii
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawaii on May 5, 2021
ATTEST:
ROLL CALL VOTE
Reference: C-187/FC —32
RESOLUTION NO. SJL 21
AYESI NOES
ABS EX
CHUNG
X
DAVID
X
INABA
x
KANEALI`I-KLEINFELDER
x
KIERKIEWICZ
x
KIMBALL
x
LEE LOY
x
RICHARDS
x
VILLEGAS
x
8 0
1 0
Reference: C-187/FC —32
RESOLUTION NO. SJL 21
PRIORITY #15: MAGIC SANDS LA'ALOA
SUGG. 20-012
(568 points out of possible 800)
Tax Map Key (3) 7-7-004:063 consisting of approx. 8.814 acres of the
Kaumalumalu Pahoehoe 1 ahupua'a in the District of North Kona, Hawaii
Anticipated Use
• More land to extend Pahoehoe Beach Park (Directly across the street).
• Preserve open space to protect flood plains that are a threat to the public beaches
• Preserve traditional landscape of agriculture
• Protect quality of life with a land use strategy
• Protect and preserve in Open Space
Significance
• Hawaiian Canoe Landing
• A high probability of high -status residential structure.
• The area of La'aloa, Pahoehoe 1st is sacred to both Kamehameha I and Alapa'inui
• Royal Activities at Kaumalumalu have been held on this site
• DLNR has documented that 23 historic features remain intact
1.31
EXHIBIT A