Bill Text: HI SCR63 | 2018 | Regular Session | Amended
Bill Title: Authorizing The Issuance Of A Term, Non-exclusive Easement Covering A Portion Of State Submerged Lands Seaward Of Tax Map Key: (2) 4-3-010:009 At Kahana, Lahaina, Maui, For Seawall And Rock Revetment Purposes.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2018-04-11 - This measure has been deleted from the meeting scheduled on Friday 04-13-18 11:00AM in conference room 325. [SCR63 Detail]
Download: Hawaii-2018-SCR63-Amended.html
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THE SENATE |
S.C.R. NO. |
63 |
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TWENTY-NINTH LEGISLATURE, 2018 |
S.D. 1 |
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STATE OF HAWAII |
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SENATE CONCURRENT
RESOLUTION
AUTHORIZING THE ISSUANCE OF A TERM, NON-EXCLUSIVE EASEMENT COVERING A PORTION OF STATE SUBMERGED LANDS SEAWARD OF TAX MAP KEY: (2) 4-3-010:009 AT KAHANA, LAHAINA, MAUI, FOR SEAWALL AND ROCK REVETMENT PURPOSES.
WHEREAS, the five condominium and hotel complexes along Kahana Beach in West Maui stretching from the Pohailani Condominiums to the Sands of Kahana have experienced serious shoreline erosion problems for many years; and
WHEREAS, the long-term erosion rate of Kahana Beach is approximately 0.8 feet per year, and there appears to have been a net sand loss from the overall system over the decades so that the sand beach has been lost with increasing frequency; and
WHEREAS, all five condominium and hotel complexes have obtained permits and approvals to install permanent or emergency protective measures to address the shoreline erosion; and
WHEREAS, the Hololani Resort Condominiums, represented by the Association of Apartment Owners of Hololani (Hololani), is one of the condominium complexes located on Kahana Beach and received emergency authorization from the Department of Land and Natural Resources and the County of Maui in 2007 to install sand bags and erosion blankets; and
WHEREAS, since that time, Hololani has completed a lengthy permit and approval process at the federal, state, and county levels to construct a long-term solution consisting of a steel sheet pile seawall and rock revetment (proposed project) that will be placed partially on state submerged lands; and
WHEREAS, this permitting process included at least nine separate opportunities for the public and other government agencies to comment on the proposed project at various federal, state, and county agencies; and
WHEREAS, on May 9, 2014, the Board of Land and Natural Resources approved a Conservation District Use Permit for Hololani's proposed project, after issuing a finding of no significant impact on the Hololani's environmental assessment and after conducting a public hearing on February 10, 2014; and
WHEREAS, Hololani substantially modified the project to conform to conditions of the Conservation District Use Permit to minimize the use of submerged lands; and
WHEREAS, on July 12, 2016, the County Planning Commission approved a Special Management Area Permit for Hololani's proposed project after conducting public hearings on April 26 and June 14, 2016; and
WHEREAS, of particular note, in its approval of a Special Management Area Permit, the County Planning Commission noted that the approval included a condition that the seawall be removed, at Hololani's expense, if a beach restoration project goes forward; and
WHEREAS, furthermore, the Conservation District Use Permit approved by the Board of Land and Natural Resources and the Special Management Area Permit approved by the County Planning Commission included conditions regarding public access, including that Hololani maintain safe lateral beach access and provide, maintain, and properly post signage for public access through the property to the shoreline; and
WHEREAS, on January 12, 2018, the Board of Land and Natural Resources approved the issuance of a term, non-exclusive easement to Hololani for the use of state submerged lands for the proposed project; and
WHEREAS, the easement area is approximately 6,128 square feet and will be finalized and subject to review and approval by the Department of Accounting and General Services' Survey Division; and
WHEREAS, Hololani shall pay the State the fair market value of the easement as consideration for the use of public lands and as determined by independent appraisal; and
WHEREAS, Hololani has designed, permitted, and will construct public infrastructure and amenities in the form of a new, permanent public beach access stairway, and a new twenty-four-inch storm drain outlet within the easement area; and
WHEREAS, this body notes that the term, non-exclusive easement is unique and fact-specific, and is not intended to set a precedent for the building of new seawalls and other shoreline hardening structures on public lands; and
WHEREAS, section 171-53, Hawaii Revised Statutes, requires the prior approval of the Governor and prior authorization of the Legislature by concurrent resolution to lease submerged public lands; now, therefore,
BE IT RESOLVED by the Senate of the Twenty-ninth Legislature of the State of Hawaii, Regular Session of 2018, the House of Representatives concurring, that the Board of Land and Natural Resources is hereby authorized to issue a term, non-exclusive easement covering a portion of state submerged lands fronting the property identified as Tax Map Key: (2) 4-3-010: seaward of 009, Kahana, Lahaina, Maui, for the use, maintenance, repair, replacement, and removal of a steel sheet pile seawall and rock revetment; provided that the authorization shall be subject to the following:
(1) If a beach restoration project goes forward, the Association of Apartment Owners of Hololani shall remove the seawall and any other structures built as part of the proposed project at Hololani's expense;
(2) The Association of Apartment Owners of Hololani shall ensure unrestricted public access laterally and vertically and post appropriate signage though the property to the shoreline; and
(3) A full waiver of liability shall be executed that includes the following terms:
(A) All improvements constructed in the easement area shall remain under the ownership of the Association of Apartment Owners of Hololani;
(B) The Association of Apartment Owners of Hololani shall maintain, repair, and upkeep the easement area and all improvements located thereon to ensure public safety and shall release, indemnify, defend, and hold the State harmless from and against any claim or demand for loss, liability, or damage, including claims for bodily injury, wrongful death, or property damage, arising with respect to the easement area, all improvements located thereon, and the area dedicated to provide vertical public access to the shoreline; and
(C) The Association of Apartment Owners of Hololani shall procure and maintain, at its own cost and expense, in full force and effect throughout the term of the easement, general liability insurance to cover the entire easement area, including all improvements made thereon; and
BE IT FURTHER RESOLVED that a certified copy of this Concurrent Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources.
DLNR; Term, Non-Exclusive Easement; Holalani Resort Condominiums; Seawall and Rock Revetment
