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HomeMy WebLinkAboutSugg. 25-04 2025 COUNTY OF HAW II P NC SUGGESTION f i N r �IIU� no• i� i y � 1 Dr" r, t<� ,, I. 1` nrr�u� iv . MAN POINT PROPERTY TM 3-7.7-4-25 CO NSISTIINIG OF APPROXIMATELY O.78 ACRES IN THE HO LUALOA APUHUINA IN TIME DISTRICT:T OF NORTH TH NA 77-6300 sA III DRIVE, KAIILUA—KO,NA, HI96740 Revised—12a -20Q COUNTY OF l-lp.WAll Resenvii1pro&e use. Space,Public Access,Open nd!Natural Ftesoumce Preservation Commission Su w ��&4 SUGGESTION FORS ear l/aid so►ra For Lainds and/or Property Entitlements for Acquisition email at 12:46 pm The Public Access, Open Space, and Natural Resources Preservation Commission (PONC) is accepting suggestions for sites or projects to improve uipon public aiccess, open space, and naturail resources preservation, pursuant to Chapiter 2, Article 4 2, of the IWlawai i County Codlen Pleas use this form to tell) the Commmissioin about a property that you would like to see (protected.The Commission welcomes re-submission of previously submitted properties. Please use one form per suggestion and limit totail application size to less Own ilk Mill (me abyrrtoel or 20 pages max-irnurn (i�nicliuding photos;, maps, and figures, if adjacent or nearby areas are protected and/or public areas, inclludle regional rmaips as well),. Additional puibllic testimony may be submitted to exceed the 01 page maximum, The Commission's ranking of the suggestion is used on the information provided in this suggestion form and how it meets the PONIC scoring criteria and not solely on the expression of public support or opposition. Larne of Site or Project: LYMAN POINT PROPERTY Ahupua'a,Council District,and location Within.Hoolualoa 1l a'a in the Distictof North IKon Tax Map Key(TMIK)Number( ,. _7. - land Area(Acreage): re Property Owner Information: lriiarne(s); MCCefth ilu - na LLC Ern iiw Address: Phioner To your knowledge,is the property owner aware of this nomination? X, Yes l ido DUnsure Suggested Purchase IMethod: ElCionservation Easement ,il (fee Simple 00thief Norminators Contact Information: Names),. Email: Address: Phone: Reason for nomination,of property(please,check all boxes that apply) X public outdoor recreation and education,including access to beaches and mountains Preservation of historic or culturally important land areas and sites © Protection of naturail r urcess, significant habitat or ecosystems,including buffer zones Preservation,of forests,including beaches,coastal areas,naturail beauty,and agricultural lands Protection of watershed lands to preserve water gluallity and water suippdy HawaVi County is an Equal0pportunity Provider and Employer Page s of ADDITIONAL REQUIRED INFORMATION Please provide the information requested below. The information shall be attached to this form and appropriately labeled with the name of the identifying attachment. ➢ Attachment A:Provide a Tax Map Key Plat map and a property map with the property boundaries and/or access outlined or highlighted.Confirm the council district by contacting the County Clerk's Office at: (808)961-8277 or visit h ps:I/www.electiions.hawaiicouiitv-,cov/resources/maps. ➢ Attachment B: Provide a clear statement detailing how public acquisition would fulfill one or more of the above resourcevalues. Explain the intent, long-term vision, and/or strategy of this proposed acquisition or project. ➢ Attachment C: If available, provide community letters of support or endorsements for this proposed acquisition o r project. ➢ Attachment D: Identify and provide contact information of community organizations, land trusts,or individuals will- ing to be part of this property's long-term management/maintenance. ➢ Attachment E Please answer the following ten points by providing summaries and/or abstracts(rather than full re- ports). Include, if necessary, citations or links to reference the documentation related to the suggested site or project. Do not send original documents or pictures as they will not be returned. 1) How would this proposed acquisition or project benefit the general public? 2) Describe any significant historic, cultural,or natural resources on the property. Please be as specific as possible and include only a summary of documentation (i.e., archaeological reports,flora/fauna surveys, etc.). 3) Describe (and include maps if available)any significant relationship to larger historical, cultural, and/or natural landscape (i.e.,corridors,complexes,agricultural field systems, conservation strategies etc_) 4) Describe the level of urgency(i.e.,the property is currently on the open market or for sale and if so, for how Tong,there are current development plans,the property has an active filed application for re-zoning/subdivi- sion, is an area of high public use,etc.). 5) Describe anyspecial opportunities for acquisition that presently exist(special funding available,etc.). 6) Have partnerships with other government agencies or private or nonprofit entities been identified to leverage resources(funding,grants,managing partnerships)?[] Yes ❑ No X Unknown. If yes, please describe. 7) Is/Are the property(s)or property easements)available for acquisition?X Yes ❑No ❑Unknown. If yes, please describe. 8) Are there any covenants,encumbrances, restrictions(i.e.,association or maintenance), or easements on the property? ❑ Yes X No ❑ Unknown If yes, please describe. 9) Describe any known hazards on the property(Le., flood zone, lava hazard zone, mudslides, pollution,etc.). Hawaii County is an Equal Opportunity Provider and Employer Page 2 of 3 ATTACHMENTA Azone map of Hawaii Island with the location of the Lyman Point property identified is provided.Figure 1. Also included is a TMK map of a portion of the 3-7-7 area,zoomed in so that the property is highlighted.Figure2. Ownership History of the Property The property has 33,979 square feet of land area with approximately 250 lineal feet of shoreline. The property was purchased by Howard Bertram Lyman, great-grandson of the missionary David Lyman, and his wife Barbara in 1955, and they constructed two homes on the property in 1956 and 1957. The main home has 3 bedrooms and 3 bathrooms,with 1,654 square feet of living area. The secondary home, or Ohana, has 2 bedrooms with 1 bathroom and 660 square feet of living area. Both homes are single-wall construction, which was the rrorm at the time. In addition to the enclosed living area,the main home has a spacious lanai with oceanfront views of the Lymans and Banyans surf spots and Kamoa Point. In addition to the houses,there is a stone oceanfront swimming pool on the property. The Lyman home was dedicated inl957 by Lei Collins,who was curator of the Hulihe'e Palace,with the song she wrote for the occasion called"Laimana"for the place she called the"home full of happiness." Figure 3. Since the passing of the Lymans, Howard in 1958 and Barbara in 1968, the property has passed through a series of owners. It remained under private ownership until2004,when an investment company purchased the property. Afterthat companyfailed,the current owner, Meredith Kailua-Kona LLC, bought the property out of receivership in 2007 for $3,500000 and has held itsinc.e that time. The property was purchased by the current owner, Meredith Kailua-Kona LLC, in 2007,with the intent of developing a condominium project on the site. However, because of public opposition,the condominium plans were withdrawn, and the owner has been seeking, off- and-on, to sell the property since that time. The property is zoned as"V 1.25"or Resort- Hotel District zoning, which allows a number of commercial, community, recreational and residential uses. The V-1.25 zoning requires only 1,250 square feet of land area per dwelling unit,so the property is large enough to supportthe 16-unit condominium project that had been planned for the site. In fact, a theoretical project of twice the planned units would have been feasible. A list of permitted uses of properties within the V-1.25 zoning is attached.Figure 4. Regulatory Concerns The primary issues affecting development of the property, aside from community acceptance, are the Shoreline Setback and Special Management Area regulations. When the Lymans built their homes,they constructed stone walls to support the foundations and manage the ocean waters. These"hardened shore Lines"were allowed atthe time of construction, but are not currently permitted. The shoreline setback requirement had been 20 feet from the high-water line. At the time of purchase of the property by the current owner, the shoreline setback requirement was 40 feet,with an exception allowing for 20 feet when the 40-foot requirement resulted in more than 50%of the property not being available for construction. Even so,the allowed buildingenvelope was limited to 7,000 square feet. Recently,that requirement has been extended to 40 feet with no exceptions. The Special ManagementArea regulations require public hearings when the proposed construction is greater than$500,000 (SMA Major)or approval of the planning director when the proposed construction is less than$500,000 (SMA Minor). it was as an SMA Major project that the condominium project was proposed, and the owner withdrew the application when the community reaction was so adverse. Current Status. The property has been listed for sale with the current listing agent, Peggy Kent of Lava Luxury Realty since March 2023. It had previously been listed with Kevin McCabe of RE/MAX Brokers, for two years, during which time the property had been proposed for purchase by the County under the PONC program and approved by the county council, but turned down by Mayor Mitch Roth. The PONC acquisition process had gone far enough along that the property was appraised by the county in preparation for negotiation and purchase. Earlier,the property had been listed for sale but not aggressively marketed. The property remains unsold and actively marketed for sale. According to the previous county planning director,the property, given the current state and county legislative and regulatory requirements,would require compliance with the 40 foot setback and Special Management Area guidelines if new construction were undertaken, but the existing structures could be remodeled or rehabilitated without such restrictions. This would apply to use or construction by the county as well as by private buyers or developers. Buyers who have expressed interest in the property are afraid of the process and timingfor permitting approval for renovating and reconstruction.This is a result of the public outcry that occurred earlier on with the SMA M-ajor permit application that was submitted. Figure 1. 20,25 COUNTY OF HAWAII PC INCH SUGGESTION L.YMANN PC ,IINT PROP RIY 77- 300 AL..II DRIVE, i AIL UA-KONA,HI 916740 MNBC3-7.7-4- 5, tl North, Kona � r, ra w ��� Approximate Location of he!Lyman Point Property Figure 2. 2025 COUNTY OF HAWAII PONC SUGGESTION LYMAN POINT PROPERTY 77- 300 ALII DRIVE, KAILUA-KONA, HI 916740 TMK 3-7-7-4-25, Ali Drive MCA gy r .............. .................................. L Lyman Point Property t�R 9�-0 A,. wM IL6 r� Af� L4� , ' 1 %" Hotuatoa Bay A100A.1-1 91 (Lyman Bay) 'c LC ."cl c mww c C. AN A60PR 000 A4 imoa Point bvjdbf-g "NI-V Ka A,X C;'0100 AO A05 C A* Aes ,R Aw. Keotonahihi State Historlicat Park ............ ';0 Pd Keoltonahihl State His tore cat Park Is outlined in purple Access to the Pro party is directly from Ali!Drive County Co urn ciL District 7 Y r � III J� k co ly J r, two r N 1 J 4 44 � fYr�� 1Y I J� IIl u� I'Ir ' II NY'NNY Yw � Y III I .,_ fo ro. 41 .� � p. 1 A, A n r N" y i A r5 Gn 8 r Figure 4. 2025 COUNTY OF HAWAII PONC SUGGESTION 77-6300 ALI[ DRIVE, KAILUA-KONA, HI 96740 ZONING AND PERMITTED USES Current Zoning of the Property: V-1.25 Resort-Hotel District (required land area of 1,250 square feet,for each dwelling unit, or for each separate rentable unit, or other similar rentable units) Permitted Uses for V-1.25 Resort-Hotel District Zoning Commercial Parks, playground,tennis courts/open Art galleries, museums air Bars, nightclubs, and cabarets Yacht harbors/boating Business services Financial institutions Residential Home occupations per 25-4-13 Adult day care Medical clinics Bed and breakfast per 25-4-7 Personal services Dwelling—single family Photographic studios Dwelling—duplex Restaurants Dwelling—multi-fa,mily Retail establishments Child care homes Group living facilities Temporary real estate offices per 25-4-8 Hotels Theaters Lodges Visitor information centers Model homes per 25-4-8 Time share units Community facility Cemeteries/mausoleums Transportation Churches/temples/synagogues Service stations Community centers Parking lots Crematoria,funeral homes Day care centers Utilities and Communication Hospitals Cell towers Utility substations Meeting facilities Public uses and structures per 25-4-11 Schools Recreation Amusement/recreation facilities indoor Golf courses and related uses Amusement/recreation facilities outdoor ATTACHMENT B The proposed acquisition is on the Alii Drive shoreline, midway between Kailua Village and Keauhou. There is currently public access to Holualoa Bay and the shoreline over the rocky shore for surfing and fishing in Lyman Bay.The County now owns the parking lot directly across the street from the Lyman Bay access. It is not good access,with many surfers having to access the water through a spot on the south side of Lyman Bay.The access is currently dangerous and difficult. On the north side of the subject property, access into Banyans is not better, and cars are constantly parked along the street as there is no parking. Surfers and water sports enthusiasts, both locals and tourists,are constantly bombarding the caretakers of the su bject property for access and the caretaker currently tells parties that the property is private property and there is no trespassing allowed. Acquisition of the property by the countythrough PONC gill open the property up so the public has access to both Lymans and Banyans surf breaks and thatthere will be safer access to the water. If the property is developed correctly into a park there will also be bathroom and shower facilities available(of which there are none even close to the surf area) and additional parking for those wantingto enjoy the water. It will also allow fishing from the makai side of the property where at high tide fisherman clearly have to position themselves on the subject property for their fishing. Nearby at tracts on Kamoa Point and across Alii Drive from the Lyman Point property are the lands of the Keolonahihi State Historical Park. Public access to the Lyman Point property will also benefit the state historical park through increased public awareness. Developed correctly with a large viewing area to both surf breaks, locals and visitors can enjoy the 250 feet of shoreline access and use the area for picnics and outdoor enjoyment. It is proposed that the roofs to the structures be left in place and the concrete pads and wooden foundations and floors be used for viewing and enjoyment of the coastline.The roof structure on the main home is 22-24 feet above Alii Drive giving locals and visitors a view of the coastline like no others along AM Drive. PRESERVATION OF HISTORIC OF CULTURALLY IMPORTANT LAND AREAS AND SITES When the Lyman homes were built in 1956, excavation of the ground for the foundations did not reveal any archeological artifacts. There are two known burial sites and an extensive Heiau on the property across the street from the property. Kamoa Point next doorwas used bythe Ali'i for education, sports and training of the Ali'i as can be seen in the attached drawing of the rendition of the Kamoa Point Park that were installed by the AWL Figure& The subject property is surrounded by Hawaiian history. It is reported that Lyman surf break is where King Kamehameha learned to surf, and it is also reported that the old Lyman home was a gathering place for past generations that were Kona's founding fathers. The fact that there was little or no excavation done when the Lyman family built the home, and the foundations were perched on top of the rook outcrop indicates that no detailed work was done to determine if additional burial sites or other historical activities had been carried out on the property. Currently the whole area is culturally significant and should be protected from further development. Please see the attached map of the area that shows that much of the surroundingarea have been acquired and preserved. Figure2. THE VISION AND STRATEGY The vision forthe property is to allow the Public, many of whom have grown up in Kona, surfingthe two surf breaks, and the visitors an opportunityto enjoythe 250 feet of beautiful waterfront. It is also the vision to allow surfers and water enthusiasts safer and better access to the water for surfing, kayaking and paddleboarding, It is further the vision to have a park-like settiingwhere local people can come and have their lunch and enjoythe ocean and watch the surfers. CID 10 OL E air 41 0 S Cry iCL a Irs a h��fi a4 01�nuuN'Ilr �� 7U p G R 0 m U o 3 @j A %If, o � r y ' ,ems u . i A � r m: Z 0- p13to " �.-. hT I lb .,, .,wwwww t 4) rc, a Mp , ° � Ir a 1,14 CO All NII i _„ SN Lo ✓ a"V 1 " 1 y ATTACHMENTC At this time,the applicant has not gone out to find community support. The project was approved in 2022 for PONC funding and did not get funded.At that time the Betty C. Kanuha Foundation,a 501(c)(3)organization supporting Literacy and cultural programs, had expressed interest in stewardship and maintenance of the property if it were acquired under PO-NC. Mayor Alameda's office has been contacted,and the mayor has said that they maybe able to help find community organizations for support if the project if it is accepted for PONCfunding. The property is part of the National Register of Historic Places, Holualoa 4 Archaeological District (State Site No. 50-10-37-23, 661). It is anticipated that if the property is turned into a surf and viewing park that the Hawaii County Parks and Recreation willtake an active role in planning and managing the park for public use. Attachment D We have no verification of public support for maintenance but understand that this will need to be arranged before any finalfunding occurs. We understand that there are organizations that maintain the nearby Keolonahihi State Historical Park properties. Attachment E 1. The project will benefit the general public by giving the public access to another waterfront park on AM Drive.This waterfront park would be special as the surf breaks of Banyans and Lymans Bays offer the public recreational activities that the beaches along AM Drive cannot offer. It is envisioned that the park will provide excellent viewing opportunities for the public.The public wilt have access for viewing and enjoyment of the waterfront. It will give better access to the water for surfersand other water sports enthusiasts. It will also give the local fishermen access to the shoreline waters where the fishing is good. See Figure 6 and Figure 7for photos showing the location of the property on Alli Drive and an aerial view of the Lyman home from the water. A coffee truck and a food truck could be present to allow walkers on Alii Drive to have a coffee or a bite to eat and enjoy the beautiful views. 2.. The complete area as seen by the map in Figure 2 has already been preserved or in the case across the street where there are the Heiaus will be preserved. This is clearly a part of AM Drive where there was a lot of activity among the Ali'! with an amphitheater and a school on Kamoa Point.This is also a property where it is reported that King Kamehameha learned to surf and where there were many meetings were held. No known rare and endangered vegetation or fauna have been found to exist on the property.The property has been subject to environmental statements that the rare Hawaiian Bat(lasiurus cinereus semotus) is living in the large banyan tree in the middle of the property. A number of other native birds such as the to (Hawaiian Hawk),the Pueo(Hawaiian Owl),the Pacific Golden Plover and Ruddy Turnstone also live on the property. Other mammals on the property include roof rats, mongoose, house mice, feral chickens and feral cats. At present the subject property is developed with the old homes but is generally overgrown with scrub, weeds and barge trees. 3. Please see the map in Figure 2 to see the Keolonahihi State Historical Park lands that surround the subject property. 4. The subject property is currently actively marketed for sale. It has received offers, but remains unsold. The property has been listed for sale with the current listing agent, Peggy Kent of Lava Luxury Realty since March 2023. It had previously been listed with Kevin McCabe of RE/MAX Brokers,for two years, during which time the property had been proposed fo°r purchase by the County under the PONC program and approved by the countycouncil, but turned down by Mayor Mitch Roth. The PONC acquisition process had gone far enough along that the property was appraised by the county in preparation for negotiation and purchase. Earlier, in the 2014-2017 period,the property had been listed for sale but not aggressively marketed. Following is a summary of th,e marketing history of the property: Dates Asking Price 2024—2025 $3,950,000 2023—2024 $4,600,000 2020-2023 $5,250,000 2015—2017 $5,000,000 2014—2015 $4,500,000 Afterthe community opposition to his development plans,the owner has been reluctant to sell the property to a developerwho would attempt to build multiple unit on the property,preferringto seek a buyerwho would continue its use as a single family residence or a Hawaiian Retreat,but those efforts have not yet been successful. The property is available for purchase by the county under the PONC program. The owner is aware of and supportive of this application. 5. We are not aware of other opportunities for acquisition or special funding that exist. The downside to the county not buying the property is that the owner could fire sale it to a developer who would go to court to fight for the permits to develop the property.Then there would be condominiums sitting in the middle of all the state park lands with all the natural, historical and archeologicalfeatures.This is not an attractive situation for the county, nor is the publicity of another fight that would open the wounds of years past. 6. The proponent has presented the situation to the mayor,who has indicated he is sympathetic to the situation and is prepared to try to help find other non-profits to Leverage the PONC purchase. 7. All property easements are available in the package.A title report is available if necessary. Please see the discussion in item #4 above. 8. There are no known covenants or restrictions on the property that would prevent or hinder a sale to PONC. 9. The property does not have any known lava hazards. It is in lava zone 4, which is not an active lava zone. There have not been any mudslides or pollution generated from the property.Although it is oceanfront, it is currently not in an identified flood zone(zones AE, VE). Figure 6. 20 OUNT' OF H'A'k A II PONC SUGGESTION LYMAN POINT PROPERTY 77-6300 AkLI1 DRIVE,KANILLIA-KO A, HI 96740 TMI :3-7-7-4-; r P VR � uw U o n, J Liman Point Hallu �¢a Bair ALI i Drlv ... Figure 7 2025 COUNTY OF HAWAII PONC SUGGESTI�ON LYMAN POINT PROPERTY 77-6300 AL I I ID RIVE, KAI LUA-KO NA, H 196740 TMK,3-7-7-4-25 ,, ��� fay I I � ��1 llt II IIIIII I ���� 1 I��� �� I l 1 l f � . 11 i% .a 1 I , , , �. ,.,i�if�� � ...i / � II ill..... I (rI � 11� � 1 � I � l _ 1 � 1 � � l rt View of the Lyman Point Property from,the Ocean Side of the Property