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Home My WebLink AboutRES 240 Draft 02 2010-2012 ,.,�N��V os N+L ice'. :I � •�;I�7Yi'�i COUNTY OF HAWAII • •i6k' /'..: STATE OF HAWAII r�or,N►:N RESOLUTION NO. 240 12 (DRAFT 2) A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF A PORTION OF THE PARCEL IDENTIFIED AS TMK: 7-6-015:023 COMPRISING LESS THAN 10,000 SQUARE FEET IN THE AHUPUA'A OF HOLUALOA 1ST AND 2ND, NORTH KONA, HAWAII KNOWN AS "BANYAN'S BEACH" PURSUANT TO CHAPTER 2,ARTICLE 42, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED). WHEREAS, the Kona Bali Kai, ("Condos") owns 2.608 acres in North Kona at the address of 76-6246 Ali`i Drive, Kailua Kona, Hawai`i; and WHEREAS, the public desires more open space and a community park on the portion of the parcel known as "Banyan's Beach". The "Banyan's Beach" portion of TMK: 7-6-015:023 in which the County of Hawai`i is interested contains less than 10,000 square feet ("Banyan's Beach") and is located on the southwest portion of the parcel; and WHEREAS, "Banyan's Beach" is a well-known surfing area drawing thousands of visitors and local residents each year, and it is one of the most popular surf venues in Kona. WHEREAS,the Condos' have graciously allowed the use of their property for the surfing contests, and provided an outdoor shower and water at their own expense to allow surfers to rinse off saltwater. Community members at their own expense have placed and maintained a lua on the parcel for the public to use. The Department of Land and Natural Resources maintains a ten-foot right-of-way along the south boundary line to allow access to the ocean; and WHEREAS,purchase of"Banyan's Beach"will add another County park for the public, expand public access to the beach area mauka of the high water line, allow public events under the direction and control of the Department of Parks and Recreation ("P&R"), allow P&R to install a water meter for the public shower and a new public drinking fountain, provide County control for public safety, and preserve the area mauka of the high water line in perpetuity; and WHEREAS, chapter 2, article 42, Hawai`i County Code, established the Public Access, Open Space, and Natural Resources Preservation Commission; and WHEREAS, section 2-214, Hawai`i County Code, established the Public Access, Open Space, and Natural Resources Preservation Fund; and 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), Hawai`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." 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: ❖ provide opportunities for recreational, economic, and educational needs without despoiling or endangering natural resources, ❖ protect and promote the prudent use of Hawai`i's unique, fragile, and significant environmental and natural resources, ❖ protect and effectively manage Hawai`i's open space, watersheds, shoreline, and natural areas, • 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, in General Plan, Section 8.3 Policies states, in pertinent part; ❖ 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, ❖ ensure public access is provided to the shoreline, public trails and hunting areas, including free public parking where appropriate, and ❖ establish a system of pedestrian access trails to places of scenic, historic, cultural, natural, or recreational values; and WHEREAS, hunting on this parcel shall not be allowed, but trapping and removal of any dangerous or destructive animals shall be allowed; and WHEREAS, the Public Access, Open Space and Natural Resources Preservation Commission cited the purchase of"Banyan's Beach" as its number 1 priority for acquisition in its "Hawai`i County Public Access, Open Space and Natural Resources Preservation Commission, 2011 Annual Report to the Mayor, December 31, 2011"; and WHEREAS, "Banyan's Beach" offers unique opportunities to further supplement, enhance and protect those important public shoreline and recreational areas; 2 WHEREAS, the Condos are willing to sell this portion of their property and an overwhelming number of majority of the condominium owners support the sale of this portion of the parcel, and there is support from the County Council and the Department of Parks and Recreation for this acquisition; and WHEREAS,the Hawai`i County General Plan (February 2005 Edition) states, in pertinent part, in section 12, Recreation, section 12.3 Policies; ❖ The use of land adjoining recreation areas shall be compatible with community values, physical resources, and recreation potential, ❖ Coordinate recreational programs and facilities with governmental and private agencies and organizations. Innovative ideas for improving recreational facilities and opportunities shall be considered; and WHEREAS, acquisition of"Banyan's Beach"will be a tremendous asset to the County's park system, now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the director of finance is authorized to enter into negotiations with the Condos for the portion of TMK: 7-6-015: 023 known as "Banyan's Beach", 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 "Banyan's Beach", 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 agencies, general obligation bonds, state and federal grants, Scenic Byways/Corridor funds, Heritage Corridor funds, and/or Office of Hawaiian Affairs funds; and BE IT FURTHER RESOLVED that should "Banyan's Beach" be acquired, the department of parks and recreation shall maintain control of and provide for management of this park and its facilities, because this property is a public resource; and BE IT FURTHER RESOLVED that should "Banyan's Beach" be acquired, the official name of the park shall be "Banyan's Beach"; 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 finance, the director of the department of parks and recreation, the Office of Hawaiian Affairs; the Hawai`i County Public Access, Open Space, and Natural Resources Preservation Commission, and the management of the Kailua Village Business Improvement District. Dated at Hilo, Hawai`i, this 4th day of Apri 1 , 2012. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAI`I COUNTY COUNCIL County of Hawaii Hilo, Hawai`i I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawai`i on April 4, 2012 ATTEST: ratkOdi OUNTY CLERK CHAIRPERSON & PRESID ICER 4 ROLL CALL VOTE Reference: C -653.2 /Waived -FC RESOLUTION NO. 240 12 (DRAFT 2) AYES NOES ABS EX BLAS X FORD X HOFFMANN X IKEDA X ONISHI X PILAGO X SMART X YAGONG X YOSHIMOTO X 7 0 2 0 Reference: C -653.2 /Waived -FC RESOLUTION NO. 240 12 (DRAFT 2)