HomeMy WebLinkAboutRES 145 Draft 01 2020-2022A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF LANDS AND/OR CONSERVATION EASEMENTS FOR ALL OR A PORTION OF PARCELS IDENTIFIED AS TAX
MAP KEYS (3) 5-7-002:011, (3) 5-7-002:027, (3) 5-7-002:036, (3) 5-7-002:037, (3) 5-7-003:001, (3) 5-7-003:002, (3) 5-7-003:003, (3) 5-7-003:007, (3) 5-7-003:008, (3) 5-7-003:010, AND
(3) 5-7-003:018, ALSO KNOWN AS MĀHUKONA PROPERTIES, SITUATED IN THE DISTRICT OF NORTH KOHALA IN THE AHUPUAʻA OF KAOMA, HIHIU, MĀHUKONA, KAMANO, KOU, AND KAPA‘ANUI UTILIZING THE PUBLIC
ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND.
WHEREAS, the Hawai‘i County General Plan, Section 6.3(d) Historic Sites-Policies states that “[p]ublic access to significant historic sites and objects shall be acquired, where appropriate”;
and
WHEREAS, the Hawai‘i County General Plan, Section 8.2 Natural Resources and Shoreline – Goals, states, in pertinent parts:
“(a) Protect and conserve the natural resources from undue exploitation, encroachment and damage.
(b) Provide opportunities for recreational, economic, and educational needs without despoiling or endangering natural resources.
(c) Protect and promote the prudent use of Hawaii’s unique, fragile, and significant environmental and natural resources.”, and
“(e) Protect and effectively manage Hawaii’s open space, watersheds, shoreline, and natural areas.”; and
WHEREAS, the Hawai‘i County General Plan, Section 8.3 Natural Resources and Shoreline – Policies, states, in pertinent parts:
“(i) Encourage an overall conservation ethic in the use of Hawaii’s resources by protecting, preserving, and conserving the critical and significant natural resources of the County of
Hawaii.
(j) Encourage the protection of watersheds, forest, brush, and grassland from destructive agents and uses.”,
“(p) Encourage the use of native plants for screening and landscaping.”,
“(r) Ensure public access is provided to the shoreline, public trails and hunting areas, including free public parking where appropriate.
(s) Establish a system of pedestrian access trails to places of scenic, historic, cultural, natural, or recreational values.”; and
WHEREAS, the Hawai‘i County General Plan, Section 12.3 Recreation-Policies, states, in pertinent parts:
“(d) The use of land adjoining recreation areas shall be compatible with community values, physical resources, and recreation potential.”,
“(g) Facilities for compatible multiple uses shall be provided.
(h) Provide facilities and a broad recreational program for all age groups, with special considerations for the handicapped, the elderly, and young children.
(i) Coordinate recreational programs and facilities with governmental and private agencies and organizations. Innovative ideas for improving recreational facilities and opportunities
shall be considered.”,
“(m) Develop a network of pedestrian access trails to places of scenic, historic, natural or recreational values. This system of trails shall provide, at a minimum, an island-wide route
connecting major parks and destinations.”,
“(o) Develop facilities and safe pathway systems for walking, jogging, and biking activities.
(p) Develop a recreation information dissemination system for the public's use.
(q) Revise the ordinance requiring subdivisions to provide land area for park and recreational use or pay a fee in lieu thereof.” ; and
WHEREAS, in the North Kohala Community Development Plan, Strategy 1.2 calls on
the County to “acquire coastal lands that should be preserved as open space”; and
WHEREAS, the North Kohala Community Development Plan notes that “experts have identified Kohala’s coast as one of the most intact cultural landscapes” in the State of Hawai‘i because
of its high density of cultural and archeological sites.
WHEREAS, the North Kohala Community Development Plan states that the area located makai of ‘Akoni Pule Highway is subject to the threat of future development with four privately-owned
properties, identified as critical to maintaining the continuous cultural landscape, recommended for purchase – either in fee or through purchase of conservation easements – by a public
entity that can protect these lands in perpetuity; and
WHEREAS, Article X, Section 10-15 of the Hawai‘i County Charter provides for a Public Access, Open Space, and Natural Resources Preservation Fund; and
WHEREAS, Section 2-215, Hawai‘i County Code, sets forth provisions for a Public Access, Open Space, and Natural Resources Preservation Commission (hereinafter “Commission”); and
WHEREAS, Section 2-217, Hawai‘i County Code, provides, in pertinent part, that the Commission’s first duty and responsibility is, “[t]o develop and submit to the mayor an island-wide
prioritized list of qualifying lands worthy of preservation…” and for the priorities to be “…listed on an island-wide rather than district basis”; and
WHEREAS, Council Communication 105, dated January 14, 2021, from then-acting Mayor Lee E. Lord, transmitted the 2020 Annual Report of the Commission to the Council, pursuant to Section
2-218(a), Hawai‘i County Code; and
WHEREAS, the 2020 Annual Report of the Commission cited the purchase of the Māhukona Properties as a key priority, ranking it the number one priority for acquisition; and
WHEREAS, Mahukona South, LLC owns nine of the eleven parcels that comprise the Māhukona Properties with Mahukona North, LLC and Mahukona, LLC both owning one parcel each for an approximate
total of 642.4551 acres in the District of North Kohala, which consist of:
TMK
Ahupuaʻa
Acres
5-7-002:011
Kapa‘anui and Kou
232.8520
5-7-002:027
Kamano
1.0000
5-7-002:036
Kamano and Māhukona
207.6030
5-7-002:037
Māhukona
0.0600
5-7-003:001
Kaoma
0.5000
5-7-003:002
Māhukona, Hihiu, and Kaoma
67.4490
5-7-003:003
Kou, Kamano, Māhukona, Hihiu, and Kaoma
30.3921
5-7-003:007
Kaoma
0.0620
5-7-003:008
Hihiu
0.1720
5-7-003:010
Kou, Kamano, Māhukona, and Hihiu
102.2950
5-7-003:018
Kaoma
0.0700
Total Acreage
642.4551
WHEREAS, the Māhukona Properties contain over 175 cultural and archeological sites, fishing villages, and heiau that are still used today; and
WHEREAS, the Māhukona Properties located makai of ‘Akoni Pule Highway also includes Ko‘a Heiau Holomoana, an important and rare navigational heiau, which provides for the cultural practice
of non-instrument navigation and open ocean voyaging; and
WHEREAS, home of Kamehameha I, Kohala remains a significant place, with the Māhukona Properties continually providing spiritual, natural and marine resources for constitutionally protected
cultural, religious, and subsistence practices; and