HomeMy WebLinkAboutCOM 0718.002 2008-2010 Phone: 808 326- 5684
BRENDA J. FORD • ��y 1 ray: (808) 329- 4786
Council Member _ E -Mail: bford�aco.hawaii.hi.us
District 7 - Central Kona * oi•Mr!-
HAWAI`1 COUNTY COUNCIL _G
County of Hawai 1 8
Kailua Trade Center S •
CD
75 -5706 Hanama Place, .Suite 109 Z. rn
Kailua-Kona. Hrnvni'r 96740 - . ; 01
DATE: March 12, 2010 `
TO: J. Yoshimoto, Chairperson, .L. r c C
and Members of the Hawaii County Council T,
FROM: Brenda J. Ford. Council Member
SUBJECT: Proposed Amendments to Resolution 307 -10; Authorizing the Director of Finance to
Enter into Negotiations for the Acquisition of the Lucile P. Kingman Trust Parcels
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For your consideration, please find attached proposed amendments to Resolution 307 -10
correcting certain language.
The proposed amendments, illustrated via Ramseyer format with respect to the contents of
Resolution 307 -10, read as follows:
1. The second BE IT FURTHER RESOLVED clause is amended to read:
"BE iT FURTHER RESOLVED that the' Rambo-ill] County 1 Council 1 welcomes
individuals I whe -awe 'willing to share their expertise and engage with others in an open
process to form a new community -based non - profit 1 solely J that contains diverse
community membership with expertise in economics, education, Hawaiian cultural
practices, shoreline management, fundraising, community building, and any other
necessary skills and who are dedicated to 'the management 1 providing input,
support, and assistance in maintenance of the Kingman Properties and the burials
therein; and"
2. The third BE IT FURTHER RESOLVED clause is amended to read:
"BE IT FURTHER RESOLVED that should the Kingman Properties be acquired. the
department of parks and recreation 1 • • .. . . • • • . . •
. .. • • .. melt' with
.. : •, - . . •tiees sher-eline
to manage' shall maintain control of and provide for management of this park and
its facilities, as this property is a public resource; and"
A draft copy of Resolution No. 307 -10, Draft 2, is attached incorporating these amendments. F
BJFidkrAtt. • Com No: t L =2:
Serving the Interests of he People of Our Island Ref. To: -- - - - — = _
lRef.-Qote MAR 16 201
Ilawai`i County Is An Equal Opportunity Provider And Employer - - -�""
A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO
NEGOTIATIONS FOR THE ACQUISITION OF THE LUCILE P. KINGMAN TRUST
PARCELS (TMKS: 7 -7 -008: 20, 31, and 100) IN THE AHUPUA`A OF PAHOEHOE 2"
AND PAHOEHOE 3 NORTH KONA, PURSUANT TO CHAPTER 2, ARTICLE 42,
HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED).
WHEREAS. the Lucile P. Kingman Trust ( "Kingman Properties ") comprises three
distinct parcels totaling approximately 6.1838 acres in North Kona located near Mile Marker 4.0
on Ali'i Drive, and niore particularly described by the following tax map key parcels:
7 -7 -008: 020, consisting of approximately 1.3016 acres;
7 -7 -008: 031. consisting of approximately 0.1722 acres; •
7 -7 -008: 100, consisting of approximately 4.7100 acres; and
WHEREAS, the Kingman Properties are currently owned by one entity, the Lucile P.
Kingman Trust. Parcels 7 -7 -008: 020 and 7 -7 -008: 031 are developed. Parcel 7 -7 -008: 100 has
minimal development; and
WHEREAS, chapter 2, article 42, Hawaii County Code, established the Public Access,
Open Space, and Natural Resources Preservation Commission; and
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WHEREAS, section 2 -214, Hawai'i County Code, established the Public Access, Open
Space, and Natural Resources Preservation Fund; and
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WHEREAS section 2 -217, Hawai'i County Code, provides, in pertinent part. that the
Commission's first duty and responsibility is, "To develop and submit to the Mayor an initial
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, section 2- 218(a), 1- lawai`i County Code, states, in pertinent part, "Where
there are multiple lands under consideration at any one time, priority shall be given to coastal
lands and lands where matching funding is available to leverage the County contribution."
While the Kingman Properties are not on the shoreline, they are mauka of Ali'i Drive from the
shoreline and will serve the beach parks. Matching funds are being solicited; and
WHEREAS. the Hawai'i County General Plan (February 2005 Edition) states, in
pertinent part, in section 8, Natural resources and shoreline, section 8.2 Goals:
(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,
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(c) protect and promote the prudent use of Hawai'i's unique, fragile, and significant
environmental and natural resources,
(e) protect and effectively manage Hawai'i's open space, watersheds, shoreline, and
• natural areas,
(f) ensure that alterations to existing land forms, vegetation, and construction of
structures cause minimum adverse effect to water resources, and scenic and
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recreational amenities and minimum danger of floods, landslides, erosion,
siltation, or failure in the event of an earthquake; and
WHEREAS, section 8.3 Policies states, in pertinent part;
(i) encourage an overall conservation ethic in the use of Hawai`i's resources by
protecting, preserving. and conserving the critical and significant natural
resources of the County of Hawaii,
0) encourage the protection of watersheds, forest, brush, and grassland from
destructive agents and uses,
(1) work with the appropriate State, Federal agencies, and private landowners to
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establish a program to manage and protect identified watersheds,
(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, and
(s) establish a system of pedestrian access trails to places of scenic, historic, cultural,
natural. or recreational values; and
WHEREAS, the 2009 Annual Report from the Public Access, Open Space and Natural
Resources Preservation Commission cited the purchase of the Kingman Properties, as a key
priority and ranked number 4 in its "Hawai`i County Public Access, Open Space and Natural
Resources Preservation Commission, 2009 Annual Report to the Mayor, December 31, 2009 ":
and
WHEREAS, these properties are currently offered for sale and listed privately with a
Real Estate Broker; and
WIIEREAS, the I•lawai'i County General Plan (February 2005 Edition) states, in
pertinent part, in section 6 Historic Sites, 6.3 Policies, subsection (d), "Public access to
significant historic sites and objects shall be acquired, where appropriate." The Kingman
Properties include a portion of the Great Wall of Kuakini which was recommended for
preservation in the "Revised Archeological Data Recovery Plan for the Kingman Property,
TMK: 7 -7 -08: 20, 31, & 100 in Pahoehoe 2 and 3' Ahupua'a, North Kona District, Island of
1-lawai`i" by the State of Hawaii, Historic Preservation Division DOC NO: 0306PM15 (Exhibit
B). and which shall be preserved in place and buffered hetbre any development occurs; and
WHEREAS, the Kingman Properties also include live currently identified burial sites
identified in the "Revised Archeological Data Recovery Plan for the Kingman Property, TMK:
7 -7 -08: 20. 31. & 100 in Pahoehoe 2" and 3' Ahupua'a, North Kona District, Island of
1- lawai'i" by the State of Hawaii, Historic Preservation Division DOC NO: 0306PM15 (Exhibit
13); and that are recommended for Burial Treatment and require an approved Burial Treatment
Plan and which shall be preserved in place and buffered before any development occurs; and
WHEREAS, the Hawai'i County General Plan (February 2005 Edition) states, in
pertinent part, in section 5, Flooding and Other Natural Hazards, 5.2 Goals, that the county shall
(c) control pollution,
(d) prevent damage from inundation,
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(e) reduce surface water and sediment runoff, and
(1) maximize soil and water conservation; and
WHEREAS, section 5.3 Policies, of the same section, states the county shall:
(j) be responsible for maintaining and improving existing drainage systems and
constructing new drainage facilities,
(n) develop drainage master plans from a watershed perspective that considers non-
structural alternatives, minimizes channelization, protects wetlands that serve
drainage functions, coordinates the regulation of construction and agricultural
operation, and encourages the establishment of floodplains as public green ways.
and
(p) where applicable, natural drainage channels shall be improved to increase their
capacity with special consideration for the practices of proper soil conservation,
and grassland and forestry management; and
WHEREAS, the Kingman Properties include parcels 7- 7- 008:020 and 7- 7- 008:100 that
are within the Kaurnaluntalu floodplain and a small portion of 7- 7- 008:031 is also in the same
floodplain. Appropriate drainage and flood control measures are necessary for the loodplain to
protect Ali`i Drive and the Kona coastline; and
WHEREAS, the I- lawai`i County General Plan (February 2005 Edition) states, in
pertinent part. in section 10, Public Facilities, 10.3 Protective services, and section 10.3.2
Policies:
(b) the establishment of a fire /police facility shall consider site size and locations that
permit quick and efficient vehicular access, and
(e) stations in outlying districts shall be based on the population to be served and
response time rather than on geographic district; and
WHEREAS, the Hawaii Fire Department is interested in building a fire station in the
Keauhou area and the mauka portion of TMK: 7 -7- 008:100 which provides access to the future
Keauhou — Kahalu'u Parkway (formerly the Ali`i Parkway, and soon to be renamed a third time)
by means of a long driveway connecting parcel (3) 7- 7- 008:100 to La'aloa Avenue to serve the
greater Keauhou area; and
WHEREAS, the Hawai`i Police Department is interested in establishing a future police
substation on the Ali'i Drive portion of the parcels for increased visibility to and access for the
tourists and the community; and
WIIEREAS, the I-lawai`i County General Plan (February 2005 Edition) states, in
pertinent part, in section 12, Recreation, section 12.3 Policies;
(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,
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(1) 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 nctwork 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, and
(q) revise the ordinance requiring subdivisions to provide land arca for park and
recreational use or pay a fee in lieu thereof.
The community requires open spacc and a park that encompasses both an active area
serving the beaches and a passive park providing open space and walking trails. The active
portion shall be a community park with a pavilion, parking lot, and a comfort station with
outdoor shower(s) serving the Kingman Properties, Magic Sands Beach Park, and Pahoehoe
Beach Park. The parking lot will remove parked cars from the makai portion of Ali`i Drive to
the tnauka side of Ali`i Drive opening the coastal view plane to everyone and provide increased
pedestrian safety; and
WHEREAS, in the interest of: 1) preservation of cultural resources, 2) reducing flooding
and protect access to the North Kona coastline, 3) improving flood control measures,
4) increasing lire safety, 5) providing a police substation presence in the area, 6) increasing
pedestrian safety, 7) ensuring recreational opportunities for both residents of 1- lawai'i and
tourists, and providing for the public health, safety, and welfare, the Kingman Properties as
described for TMKs: 7 -7 -008: 20, 31, and 100, as shown in the attachment labeled "Exhibit A
should be acquired by the county; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI`i that the
director of finance is authorized to enter into negotiations for the acquisition of the Lucile P.
Kingman Trust for the Kingman Properties, pursuant to the terms of this resolution; and
BE IT FURTHER RESOLVED that the director of finance is authorized to initiate any
finding mechanisms required for the acquisition of the Kingman Properties, in accordance with
Chapter 2, Article 42, Hawai'i County Code, relating to the Public Access, Open Space, and
Natural Resources Preservation Fund and Commission, and possibly including but not limited to
funds from private sources, county departments, and Office of Hawaiian Affairs; and
BE IT FURTHER RESOLVED that the County welcomes individuals willing to share
their expertise and engage with others in an open process to form a new, community -based non-
profit that contains diverse community membership with expertise in economics, education,
i- lawaiian cultural practices, shoreline management, fundraising, community building, and any
other necessary skills and who are dedicated to providing input, support, and assistance in
maintenance of the Kingman Properties and the burials therein; and
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BE IT FURTHER RESOLVED that should the Kingman Properties be acquired, the
department of parks and recreation shall maintain control of and provide for management of this
park and its facilities, as this property is a public resource; and
BE IT FINALLY RESOLVED that the County Clerk shall forward a copy of this
resolution to the I-lonorable Mayor William Kenoi, the director of finance, the director of the
department of parks and recreation, the Office of Hawaiian Affairs; and the 1- lawai'i County
Public Access, Open Space, and Natural Resources Preservation Commission.
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