REP LAAC 014 2025-05-06 2024-2026

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REPORT OF THE LEGISLATIVE APPROVALS AND ACQUISITIONS COMMITTEE DATE: May 6, 2025 PLACE: Council Chambers Kailua-Kona, Hawaii TIME: 11:04 a.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Re: Comm. No. 235/Bill No. 46 Your Committee on Legislative Approvals and Acquisitions, to which was referred Bill No. 46, reports as follows: Bill No. 46, transmitted by Managing Director William V. Brilhante, via Communication No. 235, dated April 9, 2025, amends Section 25-8-30 (N5'51ehu Zone Map), Article 8, Chapter 25 (Zoning) of the Hawaii County Code 1983 (2016 Edition, as amended), by changing the Zone Map Classification from Single Family Residential 10,000 square feet (RS-10) to Village Commercial 10,000 square feet (CV-10) at N5'51ehu, Ka`u, Hawaii, covered by Tax Map Key: 9-5-009:001 (por.) (Applicant: L.A. Services, Inc.) (Area: approx.. 6,920.3 square feet). The Windward Planning Commission forwards its unfavorable recommendation for this requested change of zone, which would allow the applicant to establish a unified zoning designation for the entire property. The property is located at 95-5591 Mamalahoa Highway. Planning Director Jeffrey Darrow was in attendance and provided a PowerPoint presentation via Communication 235.1, which outlined the unfavorable recommendation of the Windward Planning Commission and the Planning Director. The Windward Planning Commission provided the unfavorable recommendation based off the Planning Director's suggestion as the proposed request for a change of zone does not meet the minimum concurrency requirements in relation to water, as set for the in Hawaii County Code, Section 25-2-46. Mr. Darrow further informed that the State Land Use Map shows the area within the medium density urban area allowing for commercial use, however, the applicant has no plan for development or construction. Committee Member Matt Kaneali`i-Kleinfelder inquired on the minimum concurrency requirements for such a change of zone, any options available to the applicant as well as providing its intention, and when were the existing water rights previously provided. Mr. Darrow shared that traffic and water are common components of the minimum concurrency requirements, but other requirements have been added to the list over time. In relation to this request for a change of zone, Section 25-2-46 subsection (m) of the Hawaii County Code provides that it be supplied with County water. This rezone request was submitted to the Department of Water Supply (DWS) with DWS noting it could not approve said request due to the lack of water sources and the cost of significant infrastructure work that would be needed to provide the same. Mr. Darrow also noted the alternative option of the applicant covering the cost would entail millions of dollars to build the required permitted wells and water infrastructure; however, without an intention of the rezone request the water needs are unknown. Lastly, Mr. Darrow stated that although the exact date of when the water rights were provided are unknown, the gas station has been in place for many decades. LAAC Report No. 14