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Home My WebLink AboutRES 276 Draft 01 2010-2012 +tvosML.. COUNTY OF HAWAII , ..1 •: STATE OF HAWAII oF.N'�: RESOLUTION NO. 276 12 A RESOLUTION REQUESTING THAT THE MAYOR AUTHORIZE THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF TAX MAP KEY NUMBERS (3)7-3-009:004 AND (3)7-3-009:022, PROPERTIES KNOWN AS THE COASTAL LANDS OF 'O'OMA II, IN THE DISTRICT OF NORTH KONA, COUNTY OF HAWAI'I. WHEREAS, the Public Access, Open Space, and Natural Resources Preservation Fund, was established in 2005, by Ordinance No. 05-85, as codified in chapter 2, article 42, of the Hawai`i County Code 1983 (2005 Edition, as amended); and WHEREAS, article 42, section 2-214(c), Hawai`i County Code 1983 (2005 Edition, as amended), provides that: "(c) The fund shall be used for acquiring lands or property entitlements in the County of Hawai`i for the following purposes: (1) Public outdoor recreation and education, including access to beaches and mountains; (2) Preservation of historic or culturally important land areas and sites; (3) Protection of natural resources, including buffer zones; (4) Preservation of forests, beaches, coastal areas, natural beauty and agricultural lands; and (5) Protection of watershed lands to preserve water quality and water supply."; and WHEREAS, article 42, section 2-217, Hawai`i County Code 1983 (2005 Edition, as amended), provides, in part, that the Public Access, Open Space, and Natural Resources Preservation Commission shall develop and submit to the Mayor a list of qualifying lands worthy of preservation and further, that the Commission update this list at any time, but at least annually by December 31 of each year; and WHEREAS, article 42, section 2-218(a), Hawai`i County Code 1983 (2005 Edition, as amended), provides, in pertinent part, that: "...[T]he Council shall, by resolution, select the land or lands to be preserved. Under no circumstances shall the purchase price paid for a property exceed the appraised value as prepared by an independent appraiser engaged by the County. Where there are multiple lands under consideration at any one time, priority shall be given to coastal lands and where matching funding is available to leverage the County contribution...."; and WHEREAS, the Hawai'i County Public Access, Open Space and Natural Resources Preservation Commission in its 2007 and 2011 Annual Report to the Mayor included `O`oma II in its island-wide prioritized list, identified as Tax Map Key Numbers (3)7-3-009:004 and (3)7-3-009:022, consisting of approximately 300 acres located makai of the Queen Ka'ahumanu Highway, as shown on the map attached hereto as Exhibit "A" and by reference made a part hereof (hereinafter the "Property"); and WHEREAS, in December 2011, rezoning of the Property from its current Conservation designation was denied for the third time by the State Land Use Commission and is currently for sale; and WHEREAS, the Public Access, Open Space, and Natural Resources Preservation Commission listed the following reasons for the Property's significance to the County of Hawai`i: 1. It is the last conservation zoned land between Kailua-Kona town and the airport; 2. Conservation land preserves ocean quality and reefs; 3. The property has many pre-contact sites of historic importance and value; 4. The Mamalahoa Trail and Ala Kahakai National Historic Trail runs through the property; and WHEREAS, the Commission listed the following as anticipated uses of the open space to the County of Hawai`i: 1. Shoreline access and outdoor recreation for families; 2. Buffer between mauka urban area and ocean; 3. Subsistence fishing and shoreline gathering; 4. Protection of natural, cultural and historic resources; and WHEREAS, this Property contains a widely used beach access road to the shoreline and would be a natural continuation of the future County of Hawai`i shoreline park located at Kohanaiki, which is adjacent to the Property; and WHEREAS, the acquisition of the Property may be financed from the Public Access, Open Space, and Natural Resources Preservation Fund as set forth in chapter 2, article 42, Hawai`i County Code 1983 (2005 Edition, as amended); now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that, pursuant to section 2-218(a) of the Hawaii County Code and the terms of this resolution, the Mayor is hereby requested to authorize the Director of Finance to enter into negotiations for the acquisition of the Property. BE IT FURTHER RESOLVED that the Director of Finance is hereby authorized to initiate any funding mechanisms required for the acquisition of the Property in accordance with the terms of this resolution. 2 BE IT FINALLY RESOLVED that the County Clerk shall forward a copy of this resolution to the Honorable Mayor William P. Kenoi, the Director of the Department of Finance, and the owners of the Property. Dated at Hilo , Hawai`i, this 1st day of August , 2012. INTRODUCED BY: COUN L ME R, COUNTY OF AWAI`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 August 1, 2012 ATTEST: C NTY CLERK CHAIRPERSON & PRESI OFFICER 3 ROLL CALL VOTE Reference: C- 776/FC -239 RESOLUTION NO. 276 12 AYES NOES ABS EX BLAS X FORD X HOFFMANN X IKEDA X ONISHI X PILAGO X SMART X YAGONG X YOSHIMOTO X 9 0 0 0 Reference: C- 776/FC -239 RESOLUTION NO. 276 12 t , Az , 0 I it R _. C)' Y.eras t? A 14i, r • /y: ' 11111y1§4* y.,..- X46 1" t.7 1 Atli rgi 1,e) `fit+ \ 4 ir° .4. f It; l '.0astit,e...t 1•COOr. 40.400044 # i R y 'r ,ti 1 1t 3i'+OS s rr ik o MK (3) 7-3-9:Q22 64. #1536 V..J , ,rrw" 83 acres it., vvefee kZ ,TMK( „,e (3) 7-3-9:004 %.`t 446 217.566 acres \ox, $ is ' ► r,r• I . rLi TMK 3 7-3-9 ��.a�0AG• I (Portion of State Right of Way` . p 5 1.814 acres " 4�c ell, •xrr� • r # ,. 1414r� Kohanaiki Shores .�' 1117" le c�� f , ,. IN \ i, ‘4,4\ . t , �, t . EXHIBIT A