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HomeMy WebLinkAboutRES 063 Draft 02 1988-1992OFFICE INFORMATION ONLY Meeting: June 7 , 1989 Action: Approve and adopt PC Report No. 42 ge; Res. 63 COUNTY OF HAW~~ -; :STATE OF HAWAII RESOLUTION No. sfi WHEREAS, Kona Beach Development Venture is proposing to construct a 180-slip marina on its Kohanaiki Resort site; and WHEREAS, the nearshore waters off Kohanaiki are considered pristine and are classified as "AA" by the Department of Health; and WHEREAS, these nearshore waters provide a haven for a sizeable population of green sea turtles, a resting place for humpback whales and their calves, and a feeding and frolicking area for Hawaiian Spinner dolphins; and WHEREAS, these waters are also prime dive sites for professional and amateur scuba divers; and WHEREAS, Pine Trees Beach and the shoreline of Kohanaiki are popular recreational areas, providing local residents with excellent camping, swimming, surfing and shore fishing sites; and WHEREAS, the proposed marina will be adjacent to the Kaloko-HOnokohau National Historical Park with portions of the marina entrance encroaching within the boundaries of the National Historical Park; and WHEREAS, pollutants from boat effluents (mostly on-board or portable toilets, as well as gas and oil discharge) may drift directly into the National Park waters; and WHEREAS, Kaloko Fishpond, a National Historic Landmark, is a habitat for two endangered native birds, the Hawaiian stilt and coot; and WHEREAS, the proposed marina will be located only a few miles away from the Natural Energy Laboratory of Hawaii (NELH) and the Hawaii Ocean Science Technology (HOST) Park; and WHEREAS, pollutants from boat effluents may pollute the waters off Keahole Point, thereby negatively affecting future operations of the NELH and HOST Park; and WHEREAS, the blasting, excavating, drilling, dredging, filling, grading and vegetation removal that will be involved in constructing the marina, will surely have long lasting, if not permanent, negative impact on the shoreline and marine environment; and WHEREAS, the Hawaii County Council believes that the continued enjoyment of the Kohanaiki shoreline and nearshore waters by local residents and endangered marine animals, should not be compromised by the introduction of a 180-slip marina which will surely generate recreational activities which will conflict with current, more passive activities; and WHEREAS, the Hawaii County Council further believes that the shoreline of Kohanaiki, its pristine nearshore waters, its delicately balanced marine ecosystem, the marine life that flourishes in its waters and Kaloko Pond are cherished natural resources which must be preserved for the people of Hawaii County. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it strongly recommends that the: 1. U.S. Army Corps of Engineers deny Kona Beach Development Venture's Application For Department Of The Army Permit to construct a 180-slip marina in Kohanaiki, North Kona; 2. Planning Commission of the County of Hawaii deny Kona Beach Development Venture's application for a Special Management Area Permit, a Shoreline Setback Variance and a Use Permit to construct the marina; and 3. Board of Land and Natural Resources deny Kona Beach Development Venture's application for a Conservation District Use Permit to construct the marina. BE IT FURTHER RESOLVED that the Clerk of the County of Hawaii is hereby instructed to send copies of this resolution to U. S. Senator Daniel K. Inouye; U. S. Senator Spark M. Matsunaga; U. S. Representative Daniel K. Akaka; Governor John Waihee; Mayor Bernard K. Akana; F. W. Wanner, Colonel, U. S. Army District Engineer; Harold Masumoto, Director, Office of State Planning; William W. Paty, Chairman, Board of Land and Natural Resources; and Gary Mizuno, Chairman, Hawaii County Planning Commission. 1989. INTRODUCED BY: UNCIL MBER CO NTY 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 June 7 , 1989 , ATTEST: -fo.-' COUNTY CLERK CHAIRMAN & PRESIDING OFFICER Dated at Hilo, Hawaii, this 7th day of June ~ ROLL CALL VOTE AYES NOES ABS EX DOMINGO }{ HALE INOUYE X KOKUBUN X LAI X MAKUAKANE X RUDDLE X SCHUTTE X YAMASHIRO 6 Reference PC-42 63 89 RESOLUTION NO. (DRAFT 21 RUSSELL S.KOKUBUN Chairman & Presiding O[ficer MERLE K. LAI Vice-Chairwoman COLI,'~j`I-Y COLII~CIL Cz unity aj Hawaii Hawaii (_01llth~ Building 25 Au~uni Street Hilo, Hawaii 96720 June 9, 1989 The Honorable Daniel K. Inouye United States Senator 722 Hart Senate Office Building Washington, D. C. 20510 Enclosed is a copy of Resolution No. 63-89 which was adopted by the Council of the County of Hawaii on June 7, 1989. John A. Wagner " COUNTY CLERK Encl. TAIGAS HI DOMINGO HELENEH.HALE LORRAINE R. INOCYE ROBERT H. MAKtiAKANE HARRY S. RUDDLE SPENCER K. SCHCTTE STEPHL-N K YASf_~S HIRO ~11so sent to attached. list: L. THE HONOi2P.BLE SPARK M. P4FTSUNP_GA UNITED STATES SENATOR. 109 HPRT SELdATE OFFICE BLDG. WASHINGTON, D. C. 20510 2. THE HONORABLE DANIEL K. P_KAKA UNITED STATES RF.PRESENTPTIVF 2301 RP_YBURS7 HOUSE OFFICE BUILDING P,'ASHINGTON, D. C. 20515 3. THE HONORABLE PATF.ICIP. SAIKI UNITED STATES REPRFSENTATIVF. 1407 LONGWORTH HOUSE OFFICE BUILDING WASHINGTON, D. C. 20510 4. THE HONORABLE JOHN D. WAIHF.E GOVERI`IOR, STATE OF HA?9AII STATE CP.PITOL HO^TOLULU, HP.WPII 96813 5, "iR. WILLIAM ?4. PP_TY, JT'. CHAIRMAN DEPT. OF LAND & NATURAL RESOUP.CES 1151 PUCSCHBOT^7L ST. HONOLULU, HP.WAII 96813 6. COL. F. F1. WANNF.A, DISTRICT ENGINEFi? DEPARTPIENT OF THE P.R*?Y U. S. ARMY CORPS OF ENGINEERS PP_CIFIC OCEAN DIVISION FORT SHP_FTER, HA?4A.II 96858-5440 7. MR. GARY PIIZUNO, CHP.IRP4AA1 HAWPSI COUNTY PLANPdING COPIMISSION PLANNING DEPARTTIENT COU°1TY OF HP.GdAII 25 AL?PUNI ST. HILO, HAi^7AII 96720 8, T"7?. HA?'.OLD L"ASi'T1OTO OFFICE OF STATE PI,ANPIIN~ STATE CRnITOL, ROOM 41~ HONOLCLL', HI °6813 JUSTIFICATION FOR RESOLUTION Kona Beach Development Venture's proposal to construct a 180-slip marina on its Kohanaiki Resort site will very likely have a detrimental effect on its surrounding environment. The purpose of the resolution, therefore, is to urge the U.S. Army Corps of Engineers, the Board of Land & Natural Resources, and the County Planning Commission to deny Kona Beach Development Venture's request for various permits which are necessary for the construction of the marina. As indicated in the resolution: 1. Pine Trees Beach and the Kohanaiki shoreline are used extensively by local residents for camping and shore fishing. The nearshore waters are enjoyed by swimmers and surfers and are considered as a prime dive site for professional and amateur scuba divers. The waters also provide a haven for a number of endangered and threatened species of marine animals. a. These points were echoed repeatedly by numerous Kona residents during a public hearing which was held in Kona, by the Council, on October 17, 1988. The presence of several threatened and endangered species of marine animals within the nearshore waters off Kohanaiki have been reported, in writing, by the U. S. Department of Commerce, National Marine Fisheries Service and Dive Makai Charters of Kailua-Kona. 2. The proposed marina National Historical located within the a National Historic effluent will drift waters. is adjacent to the Kaloko-HOnokohau Park and Kaloko Fishpond, which is 3istorical Park. Kaloko Fishpond is Landmark. Pollutants from boat directly into the National Park a. These concerns were expressed by the U. S. Department of the Interior, National Park Service, in an April 19, 1989 letter to the U. S. Army Corps of Engineers and an April 20, 1989 letter to Rodney Sato, Vice President of Kohanaiki Hawaii. 3. The construction of the marina will have a detrimental effect on Kohanaiki's nearshore waters. a. The U. S. Fisheries 1988, rec Engineers potential on marine Department of Commerce, National Marine Service, in a letter dated November 16, ~mmended to the U. S. Army Corps of that the permit be denied because of the adverse impact that the marina will have biota and water quality. The Fisheries Service stated that "we strongly recommend the applicant investigate less damaging alternatives to provide the needed additional slips for small boats in Kona." 4. Construction of the marina and the water recreational activities which will result from the marina may: a. disturb the endangered and threatened species of marine animals that frequent the nearshore waters off Kohanaiki; b. conflict with local scuba divers, snorklers, surfers, fishermen, etc., and c. adversely affect Kaloko Fishpond and the marine ecosystem and the water quality of the nearshore waters. The potential impact that the proposed marina will have on: 1. the water quality of the nearshore waters off Kohanaiki, 2. endangered and threatened species of marine animals, 3. water recreational activities, 4. Kaloko Fishpond, and 5. NELH-HOST Park is much too great to ignore. ~' /.. r >!,~ WHEREAS, the Hawaii County Council further believes that the shoreline of Kohanaiki, its pristine nearshore waters, its delicately balanced marine ecosystem, the marine life that flourishes in its waters and Kaloko Pond are cherished natural resources which must be preserved for the people of Hawaii County. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it strongly recommends that the: 1. U.S. Army Corps of Engineers deny Kona Beach Development Venture's Application For Department Of The Army Permit to construct a 180-slip marina in Kohanaiki, North Kona; 2. Planning Commission of the County of Hawaii deny Kona Beach Development Venture's application for a Special Management Area Permit, a Shoreline Setback Variance and a Use Permit to construct the marina; and 3. Board of Land and Natural Resources deny Kona Beach Development Venture's application for a Conservation District Use Permit to construct the marina. BE IT FURTHER RESOLVED that the Clerk of the County of Hawaii is hereby instructed to send copies of this resolution to U. S. Senator Daniel K. Inouye; U. S. Senator Spark M. Matsunaga; U. S. Representative Daniel K. Akaka; Governor John Waihee; Mayor Bernard K. Akana; F. W. Wanner, Colonel, U. S. Army District Engineer; William W. Paty, Chairman, Board of Land and Natural Resources; and Gary Mizuno, Chairman, Hawaii County Planning Commission. 1989. INTRODUCED BY: UNCIL4EMBER, COU Y OF WAII 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 ATTEST: COUNTY CLERK CHAIRMAN & PRESIDING OFFICER Dated at Hilo, Hawaii, this day of ROLL CALL VOTE AYES NOES ABS EX DOMINGO HALE INOUYE KOKUBUN LAI MAKUAKANE RUDDLE SCHUTTE YAMASHIRO Reference PC- RESOLUTION NO. 6.3 ~9 REPORT OF THE COMMITTEE ON PLANNING DATE: May 24, 1989 PLACE: Councilroom TIME: 10 a.m. Chairman and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Resolution No. 63, regarding Kona Beach Development Venture's proposal to develop a marina on its Kohanaiki Resort site, reports as follows: The purpose of Resolution No. 63 is to recommend to the U. S. Army Corps of Engineers, the Board of Land & Natural Resources, and the Planning Commission that Kona Beach Development Venture's application for the various permits necessary to construct the proposed marina be denied. The resolution states that the continued enjoyment of the Rohanaiki shoreline and nearshore waters by local residents and endangered marine animals should not be compromised by the introduction of a 180-slip marina which will surely generate recreational activities which will conflict with current, more passive activities. The resolution further states that the shoreline of Kohanaiki, its pristine nearshore waters, its delicately balanced marine ecosystem and the marine life that flourishes in its waters are cherished natural resources which must be preserved for the people of Hawaii County. Prior to discussing the resolution, your Committee viewed portions of a video tape of marine life in the nearshore waters off Kohanaiki. The tape was prepared by professional scuba divers and presented to the Committee by Councilwoman Lorraine Inouye, introducer of the resolution. Your Committee then heard testimonies from a representative of the Kaloko-HOnokohau National Historical Park and professional scuba divers, supporting the resolution. Your Committee also heard the developer's consultant testify that it would be premature for the Committee to adopt such a resolution since they are still working on the environmental impact study and holding meetings with various groups and organizations to hear their concerns. He added that they are also working on a marine management study and will be drafting covenants to govern the use of the marina. PC REPORT N0. 42 ADOPTED: pC- 42 Page 2 May 24, 1989 Committee Chairman Takashi Domingo suggested that the Commmittee, at some later date, review Kohanaiki's rezoning ordinance and discuss, with the new owners, their plans for the property since the previous owners had presented the marina as the focal point of the development. (It should be noted that the Rohanaiki property had been sold a few months earlier.) Your Committee has amended the last "resolve' clause to include Harold Masumoto, Director of the Office of State Planning, as an interested party to whom a copy of the resolution should be sent. Your Committee on Planning concurs with Resolution No. 63, Draft 2, and recommends its adoption. AKAS OlINGO, CHAIRMAN )DLE, VICE HR. H LENE H. HALE, MEMBER LORRAI R. OU E, MBER ~~'S~ CER K. SCHUTTE, MEMBER LA/TN SPARK M. MATSUNAGA HAWAII WASHINGTON OFFICE: 109 HART BUILDING wA9wNGTGN o. c. 20510 HONOLULU OFFICE. 310E PRINCE KUHIO BUILDING HONOLULU, HAWAII 96850 ~I f nif eb ,cif of e~ .~ierraf e W ASH I NGTON. O.C. 20510 June 16, 1989 Mr. John A. Wagner County Clerk County of Hawaii 25 Aupuni Street Hilo, Hawaii 96720 Dear John: Re: Resolution No. 63-89 This is just to acknowledge receipt of your recent communication addressed to Senator Spark Matsunaga. Please be assured that your communication will be brought to the Senator's attention at the earliest possible moment. Yours truly, `~./ ~/ Ch y Matano (MS.) Ad nistrative Assistant to Senator Matsunaga MEMBER: COMMITTEE ON FINANCE COMMITTEE ON LABOR ANO HUMAN RESOURCES COMMITTEE ON VETERANS' AFFAIRS