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HomeMy WebLinkAboutCOM 0763.003 2012-2014 V OF st yv i BRENDA J FORD ��'''�� Phone: (808) 323-4277 Council Member District 6 - Portion of North Fax: (808) 329- 4786 Kona, South Kona, Ka`u, & E-Mail: bford*co.hawaii.hi.us Greater Volcano Area HAWAII COUNTY COUNCIL County of Hawaii West Hawaii Civic Center o n 74-5044 Ane Keohokalole Hwy. °o Kailua-Kona, Hawaii 96740 _t DATE: April 23, 2014 �M :*";o TO: J Yoshimoto, Chairperson, CO And Members of the Hawaii County Council FROM: renda J. Ford, Council Member SUBJECT: Proposed Amendments to Resolution No. 351-14; A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISI'T'ION OF THE KA`U PARCELS WITH TMKS: 9-5-011:001, 9-5-011:004, 9-5-011:005, and 9-5- 011:006 IN THE AHUPUA`A OF KAUNAMANO; AND TMK: 9-5-012:001 IN THE AHUPUA`A OF POUPOUWELA, PURSUANT TO CHAPTER 2, ARTICLE 42, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED). Please find attached proposed amendments to Resolution No. 351-14. The amendments are illustrated below via Ramseyer format(material to be deleted is bracketed and stricken; material to be added is underscored; both bolded for emphasis). The first whereas clause of Resolution No. 351-14 is amended to read as follows: "WHEREAS, EWN Enterprises LP owns five distinct parcels totaling approximately [ ,2. 64.395] 1,363.885 acres in the District of Ka`u located between mile marker 61 and 64 near the Hawaii Belt Road (Mamalahoa Highway 11), hereinafter referred to as the "Kaunamano properties." The properties consist of: TMK Ahupua`a Acres 9-5-011:001 Kaunamano [680.180] 719.232 9-5-011:004 Kaunamano [200.000] 198.500 9-5-011:005 Kaunamano 0.18 9-5-011:006 Kaunamano 0.64 Serving the Interests of the People of Our Island Comm. N -AO 3.3 Ref.To; el'(44iWi ' Hawai`i County Is An Equal Opportunity Provider And Employer Ref. Date April 23, 2014 Page 2 of 2 9-5-012:001 Poupouwela [383.395] 445.333 Total Acreage 11,264.395] 1,363.885" A draft copy of Resolution No. 351-14, Draft 2, is attached with these amendments incorporated. RJF/dkr/la att. A RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF THE KA`U PARCELS WITH TMKS: 9-5-011:001, 9-5-011:004, 9-5-011:005, and 9-5-011:006 IN THE AHUPUA`A OF KAUNAMANO; AND TMK: 9-5-012:001 IN THE AHUPUA`A OF POUPOUWELA, PURSUANT TO CHAPTER 2, ARTICLE 42, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED). WHEREAS, EWN Enterprises LP owns five distinct parcels totaling approximately 1,363.885 acres in the District of Ka`u located between mile marker 61 and 64 near the Hawaii Belt Road (Mamalahoa Highway 11), hereinafter referred to as the "Kaunamano properties." The properties consist of: TMK Ahupua`a Acres 9-5-011:001 Kaunamano 719.232 9-5-011:004 Kaunamano 198.500 9-5-011:005 Kaunamano 0.18 9-5-011:006 Kaunamano 0.64 9-5-012:001 Poupouwela 445.333 Total Acreage 1,363.885 WHEREAS, Chapter 2, Article 42, Hawaii County Code, provides for a Public Access, Open Space, and Natural Resources Preservation Fund; and WHEREAS, Section 2-215, Hawaii County Code, sets out provisions for a Public Access, Open Space, and Natural Resources Preservation Commission (hereinafter "Commission"); and WHEREAS, Section 2-217, Hawaii 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, Communication No. 168, dated February 21, 2013, from Mayor William P. Kenoi, transmitted the 2012 Annual Report of the Commission, pursuant to Section 2-218(a) of the Hawaii County Code; and WHEREAS, the 2012 Annual Report of the Commission cited the purchase of the Kaunamano properties as a key priority, ranking this property as the number four priority for acquisition; and WHEREAS, the Hawaii County General Plan, Section 8.2, Natural Resources and Shoreline, 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 Hawaii's unique, fragile, and significant environmental and natural resources. (e) Protect and effectively manage Hawaii's open space, watersheds, shoreline, and natural areas."; and WHEREAS, the Hawaii County General Plan, Section 8.3, Policies, states, in pertinent part: "(i) Encourage an overall conservation ethic in the use of Hawaii's resources by protecting, preserving, and conserving the critical and significant natural resources of the County of Hawaii. (j) Encourage the protection of watersheds, forest, brush, and grassland from destructive agents and uses. (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,the Kaunamano properties, which are makai of the Mamalahoa Highway to the coastline, contain four miles of coastline mostly used by campers, fishermen, and opihi pickers for recreational and subsistence purposes. Additional resources include lua and moa. Native plants include `akuikuli (sea purslane) and `ilima near the shoreline; and WHEREAS, the windy coastline has almost constant breezes and has been considered a prime area for electricity production from windmills and the Kaunamano area is used by recreational kite fliers on a regular basis; and WHEREAS,the northern-most portion of the properties abuts Honu`apo Bay; and WHEREAS, in 2004, Haun & Associates conducted an Archaeological Inventory Survey of the Kaunamano properties and identified 444 sites with more than 3,900 features including enclosures, mounds, platforms, walls, salt pans, walled terraces, trails, petroglyphs, papamu (playing board), heiau, and a refuge cave, ceremonial sites, and 28 burial sites with another 13 probable burial sites; and WHEREAS, the Hawaii Island Burial Council (HIBC) has determined that such burials shall be preserved in place, and a revised Burial Treatment Plan is pending before the HIBC. Those five burial sites shall require an approved Burial Treatment Plan, be preserved in place, and be buffered before any development occurs; and WHEREAS, the Kaunamano properties include a World War II era firing range and representative portions of a railroad grade as well as a prominent stone railroad trestle, which may appeal to residents and visitors; and WHEREAS, the Hawaii County General Plan, Section 6.3(d). Historic Sites, states, in pertinent part: "Public access to significant historic sites and objects shall be acquired, where appropriate."; and WHEREAS, the Hawaii County General Plan, Section 12.3, Recreation, 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 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. (q) Revise the ordinance requiring subdivisions to provide land area for park and recreational use or pay a fee in lieu thereof." ; and WHEREAS, the community requires a park providing open space and walking trails; and WHEREAS, these properties are currently offered for sale and listed privately with a real estate broker, with an asking price of$10,800,000; and WHEREAS, in the interest of 1) preservation of cultural and natural resources, 2) increasing pedestrian walking trails and possibly preserving portions of the Ala Loa(Ala Kahakai Trail), 3) assisting the National Park Service in re-establishing the Ala Loa , 4) providing open space, 5) ensuring recreational opportunities for both residents of Hawaii and tourists, and (6) preserving the historical character of Ka'u, the Kaunamano properties 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 Kaunamano properties as described above pursuant to the terms of this resolution. BE IT FURTHER RESOLVED that the Director of Finance is authorized to initiate any funding mechanisms required for the acquisition of the Kaunamano properties, in accordance with Chapter 2, Article 42, Hawaii County Code, relating to the Public Access, Open Space, and Natural Resources Preservation Fund and Commission, and may utilize any other funds from any other sources, private or governmental, as said funding is available. BE IT FURTHER RESOLVED that there shall not be any hunting on these parcels, but trapping may be allowed to remove dangerous or destructive animals. BE IT FURTHER RESOLVED that the Department of Parks and Recreation shall maintain control of and provide for management of the Kaunamano properties. BE IT FURTHER RESOLVED that prior to any development of these properties, (1) a revised Burial Treatment Plan approved by HIBC and the State Historic Preservation Division (SHPD) shall be implemented with all burial sites properly buffered according to the approved Burial Treatment Plan, and (2) the County will have consulted with and given due consideration to the recommendations and input of SHPD recognized descendants as to any matters (e.g. buffers, access, signage, landscaping, perpetual care and maintenance, etc.) concerning burials and other significant cultural resources located on these properties. BE IT FURTHER RESOLVED that the County or another designated entity outside of the County shall pay for a biological study specifically to determine if endangered species exist on the property and appropriate mechanisms (buffering) to protect such endangered species on the land are implemented. The County shall request that the State Department of Land and Natural Resources conduct a marine study in the adjacent ocean waters to determine if there is a need to protect any species on the shoreline and in the ocean. BE IT FURTHER RESOLVED that upon acquisition of the Kaunamano Properties, the County Council will consider a bill for an ordinance to add this property to the Parks and Recreational facility schedule as codified in Section 15-68.1 of the Hawaii County Code, and that this park will be named the "Kaunamano-Honu`apo Park." 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 Hawaii State Department of Land and Natural Resources, the Hawaii State Office of Hawaiian Affairs, and the Hawaii County Public Access, Open Space, and Natural Resources Preservation Commission.