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Home My WebLink AboutRES 373 Draft 01 2008-2010 �J�SV os h -' •�� COUNTY OF HAWAII f•�� " / STATE OF HAWAII • ire os'M► • RESOLUTION NO. 373 10 A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF THE LUCILE P. KINGMAN TRUST PARCEL (TMK: 7 -7 -008: 100) IN THE AHUPUA'A OF PAHOEHOE 3 NORTH KONA. WHEREAS, the Lucile P. Kingman Trust ( "Kingman Property ") owns three distinct parcels totaling approximately 6.1838 acres in North Kona located between Mile Marker 3.5 and 4.0 on Ali`i Drive. The Kingman Property consists of: TMK 7 -7 -008: 020, 31, and 100. This resolution concerns only tax map key parcel 7 -7 -008: 100, which consists of approximately 0.1722 acres and a small house; and WHEREAS, the public desires a community park in the area, requires access to that park, and needs amenities such as a pavilion, parking lot, and a comfort station with outdoor shower(s) to serve the new Kipapa Park, Magic Sands Beach Park (also known as White Sands or Disappearing Sands Park) and Pahoehoe Beach Park. The parking lot will remove parked cars from the makai portion of Ali`i Drive to the mauka side of Ali`i Drive opening the coastal view plane to everyone and provide increased road and pedestrian safety; and WHEREAS, the Hawai`i County General Plan (February 2005 Edition), Chapter 5 — Flooding and Other Natural Hazards, Section 5.3 - Policies, states, in pertinent part: (j) The County and the private sector shall 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. (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 Hawai`i County General Plan (February 2005 Edition), Chapter 6 - Historic Sites, Section 6.3 - Policies, subsection (d), states: "Public access to significant historic sites and objects shall be acquired, where appropriate. "; and WHEREAS, the Hawai`i County General Plan (February 2005 Edition), Chapter 8 - Natural Resources and Shoreline, Section 8.2 - Goals, states, in pertinent part: (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 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 recreational amenities and minimum danger of floods, landslides, erosion, siltation, or failure in the event of an earthquake; and WHEREAS, the Hawai`i County General Plan (February 2005 Edition), Chapter 8 - Natural Resources and Shoreline, 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 Hawai`i. (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, there shall not be any hunting on these parcels, but trapping may be allowed to remove dangerous or destructive animals; and WHEREAS, the Hawai`i County General Plan (February 2005 Edition), Chapter 12 - Recreation, Section 12.3 - Policies, states, in pertinent part: (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 islandwide route connecting major parks and destinations. (o) Develop facilities and safe pathway systems for walking, jogging, and biking activities; and WHEREAS, the Kingman Property, which is directly mauka of Ali`i Drive, Magic Sands Beach Park (also known as White Sands or Disappearing Sands Park), La'aloa Bay Beach Park, and Pahoehoe Beach Park, offers unique opportunities to further supplement, enhance and protect those important public shoreline and recreational areas; and 2 WHEREAS, the Kingman Property is currently offered for sale and listed privately with a real estate broker; and WHEREAS, in the interest of: 1) preservation of cultural resources, 2) reducing flooding and protecting access to the North Kona coastline, 3) improving flood control measures, 4) increasing pedestrian safety, 5) ensuring recreational opportunities for both residents of Hawai`i and tourists, and 6) providing for the public health, safety, and welfare, the parcel described as TMK: 7 -7 -008: 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 HAWAII that the Director of Finance is authorized to enter into negotiations for the acquisition of the Kingman Property, specifically that parcel described as TMK: 7 -7 -008: 100, pursuant to the terms of this resolution; and BE IT FURTHER RESOLVED that the Director of Finance is authorized to initiate any funding mechanisms required for the acquisition of this parcel including but not limited to funds from private sources, County departments and agencies, general obligation bonds, any state and federal grants including Scenic Byway /Corridor funds, Heritage Corridor funds, and /or the Office of Hawaiian Affairs; and BE IT FURTHER RESOLVED that there shall not be any hunting on this parcel, but trapping may be allowed to remove dangerous or destructive animals; and BE IT FURTHER RESOLVED that the County welcomes individuals, including recognized Kipapa descendants, who are willing to share their expertise and engage with others in an open process to form a new or collaborate with an existing community -based non - profit organization that contains diverse community membership with expertise in economics, education, Hawaiian cultural practices, shoreline management, fundraising, community building, landscaping to include native plants endemic to the region, but not excluding non - native species, and any other necessary skills and who are dedicated to providing input, support, and assistance in maintenance of the Kingman Property and the burials and other cultural resources located therein; and BE IT FURTHER RESOLVED that the Department of Parks and Recreation shall maintain control of and provide for management of this parcel and its facilities and amenities, as this property will be a public resource; and BE IT FURTHER RESOLVED that this property shall be associated with the park created with parcels identified as TMK 7 -7 -008: 020 and 031, and shall also be named "Kipapa Park "; and 3 BE IT FINALLY RESOLVED that the County Clerk shall forward a copy of this resolution to the Honorable Mayor William Kenoi, the Director of the Department Finance, the Director of the Department of Parks and Recreation, the Office of Hawaiian Affairs, and the management of the Kailua Village Business Improvement District. Dated at Kona , Hawai`i, this 21st day of September , 2010. INTRODUCED BY: COUNCIL MEM R, COUNTY OF HAWAI`I COUNTY COUNCIL ROLL CALL VOTE County of Hawai`i AYES NOES ABS EX Hilo, Hawaii ENRIQUES X FORD X 1 hereby certify that the foregoing RESOLUTION was by GREENWELL X the vote indicated to the right hereof adopted by the COUNCIL of the HOFFMANN X County of Hawai`i on September 2 20 IKEDA X NAEOLE - BEASON X ATTEST: ONISHI X YAGONG X YOSHIMOTO X 9 0 0 � 0 . Y _ Reference: C- 885/FC -178 COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 373 10 4 Exhibit A ; _. K A U M A L 1 M A "�t(�t U .. ^ V. F t .,...-f - - . ._ , . n . 14 1 .tx o n•. r ` � 5 ' .• `F � ` \ O 4 ` '1 f , ..,. 11.,_1% - "PM SE V > '� -. f t u -}� Ai.), 1 �.. _ . -- 0 f o `T T I 1 ' J" PS X216 \ 4 ..1. ) "AL El HEIGHTS. r ■ J �� I +L pt; / E \ ' L c • N tt 4' avert PHASE II I s/. 1 . n1/ /: )o. /� - 1 – f PLAT S ys°. ' 0 !e. 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