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HomeMy WebLinkAboutMIN LAAC 2023/05/02 (2022-2024) Committee on Legislative Approvals and Acquisitions Stn Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii May 2, 2023 CALL TO The regular meeting of the Committee on Legislative Approvals and Acquisitions ORDER: was called to order at 2:02 p.m., in the Council Chambers, Kailua-Kona, by Mr. Holeka Goro Inaba, Chair. ROLL CALL: Present: Mr. Holeka Goro Inaba, Chair Ms. Michelle M. Galimba, Vice Chair Ms. Cindy Evans, Member(via videoconference from Hilo) Ms. Jenn Kagiwada, Member Ms. Ashley L. Kierkiewicz, Member(via videoconference from Hilo) Ms. Heather L. Kimball, Member Ms. Susan L. K. Lee Loy, Member Ms. Rebecca Villegas, Member Absent& Excused: Mr. Matt Kaneali`i-Kleinfelder, Member STATEMENTS The Chair directed the Committee to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak and came forward when called by the Chair: Antu Harvey: Res. 141 (Comm. 241), in support (representing Pulama Ia Kona Heritage Council) ORDER OF The Chair directed the Committee to proceed to the next order of business, RESOLUTIONS: Order of Resolutions. LAAC-8 May 2,2023 Res. 141-23: AUTHORIZES THE DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE ACQUISITION OF A CONSERVATION EASEMENT OF TAX MAP KEY 7-6-004:003 SITUATED IN THE DISTRICT OF NORTH KONA, ALSO KNOWN AS HISTORIC 88 TEMPLES WALK, UTILIZING THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL RESOURCES PRESERVATION FUND The County seeks to acquire a conservation easement on approximately 2.488 acres of land to provide pedestrian access to H61ualoa Village, facilitate reconstruction of historic trails and the Shikoku Pilgrimage Monument, and expand opportunities for recreational, educational, and social activities. Acquisition of a conservation easement on this parcel is listed as priority number 7 in the 2022 Annual Report of the Public Access, Open Space, and Natural Resources Preservation Commission. Reference: Comm. 241 Intr. by: Ms. Villegas Motion to Approve: Ms. Villegas moved to recommend adoption of Res. 141-23. Seconded by Ms. Kagiwada. CHR. INABA: Council Member Villegas. MS. VILLEGAS: Great. Thank you so much. And I'd like to invite Hamana Ventura, if you'd like to join us if you have anything to share or add. I noticed that Maki Morinoue is not available currently online. Maybe she'll be able to join us in a few minutes. Thank you, Antu, for sharing your testimony. And Hamana, is there anything you'd like to share specifically related to this? (Note: At this time Property Manager Hamana Ventura came forward to address the members of the Committee.) MR. VENTURA: Sure. Hamana Ventura, Property Manager. I'm looking forward to working with Larry Smith and Ed Rapoza on this project. We go back a little way when we were working on the parking lot issues. MS. VILLEGAS: Yup. MR. VENTURA: So I'm familiar with it and in constant contact with Ed. So we all support this. MS. VILLEGAS: Fantastic. Thank you, Hamana. I really appreciate that. MR. VENTURA: Thank you. Page 2 LAAC-8 May 2,2023 MS. VILLEGAS: I know that since—in my time in office we've worked diligently together in trying to identify ways to remediate the challenges that Holualoa town faces, both with the elementary school; the safety issues there and connecting pedestrian walking ways in the town to mitigate potential traffic and safety hazards there. I'm extremely grateful that we've come this far and that we now have this resolution and this potential to get this piece of property which provides just much needed connectivity. I also wanted to thank Maki Morinoue for her testimony (see comm. 241.17) and the incredible information about the history of this pathway of the lineage and the legacy of the Japanese ancestry in this area. And unfortunately, some of the many tragic circumstances that they endured in World War II and how much more valuable it makes this piece, and this walkway, and the temple there, and some of the other living relics, not the humans but some of the other pieces of history that still exist there when so many were destroyed along the Mamalahoa Highway after a lot of the actions taken unfortunately in that era. I also just found it really interesting that, you know, I grew up knowing the Imin Center as one of the few pavilion county properties that you could rent for weddings, and baby luaus, and what not. And learning the history of it, that it was actually gifted to the County of Hawaii in order to be used for our community from five different, I don't want to butcher it too bad, kumiai that owned the land: the Holualoa Machi, the Holualoa Nogyo, the Kahalu`u, the Kamalumalu, and the Waiaha kumiai's donated the land consisting of 2.87 acres to the County of Hawaii, with the only condition that the land be used for a community center that would benefit all people. And the term Imin Center actually means immigrants in Japanese. So there is so much history and heritage in this corridor which adds value. And then from just a practical standpoint of connecting the properties there. If any of you have recently seen the news and a lot of the challenges that Holualoa Elementary School, being exposed, one of those is healthy evacuation routes that would not require the children to navigate the roadways there. So I think through this hard work, and creative thought processes, and just continued diligence, and tenacity of that community, I am so grateful that I really hope that we are headed in the right direction to be able to purchase and create this corridor, the Historic 88 Temples Walk for the health, safety, and future of our community in Holualoa. So thank you, Hamana, for your support and guidance through these processes here, your insights are invaluable. And thank you to the community and Holualoa. And I ask for my colleagues' support in moving this resolution forward with a positive recommendation today. I yield. CHR. INABA: Mahalo, Council Member Villegas. Opening it up. Council Member Kagiwada. Page 3 LAAC-8 May 2,2023 MS. KAGIWADA: Thank you, Chair. And thank you, Council Member Villegas, for putting this forward and to Maki for doing that research. So important and bringing this to you. As a sansei, which is a third generation Japanese American as well as the daughter of an Asian American studies professor, I really appreciate this. I look forward to walking down this path and visiting the monument as well, which I haven't done before. So thank you for the community, for working on this. And I look forward to supporting it. Thank you so much. CHR. INABA: Mahalo. Anyone in Hilo? Okay, bringing it back here to Kona. Council Member Galimba. MS. GALIMBA: I just wanted to clarify that the piece that we're speaking of is just the long—in the materials there's a map and there's a long, skinny piece, and then the bigger piece. MR. VENTURA: It's a flag lot. MS. GALIMBA: So it's just the flag lot that we would be putting a conservation easement on? MR. VENTURA: Correct. MS. GALIMBA: Okay. MR. VENTURA: To provide public access. MS. GALIMBA: Okay. And so the temples already have access, but this would provide access for anybody in the public that wanted to walk on this MR. VENTURA: I think it's to provide additional access on the boundaries that are set by the private landowner. MS. GALIMBA: Okay. Thank you. Just needed to clarify. Thanks. CHR. INABA: Thank you. Any other questions? If not, I have just one question. So for this conservation easement, it's going over just the upper lot, not the bottom lot where the parking lot is, right? MR. VENTURA: Correct. CHR. INABA: Okay. Okay. Well thank you, Council Member Villegas, for preparing this and working with Mr. Ventura. There's a motion on the floor to forward Resolution 141-23 to Council with a favorable recommendation. All those in favor. Page 4 LAAC-8 May 2,2023 Vote on Res. 141-23: The motion to recommend adoption of Res. 141-23 was (Approved) carried by the following voice vote: Ayes: Committee Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair Inaba—8. Noes: None. Absent: Committee Member Kaneali`i-Kleinfelder— 1. Excused: None. STATEMENTS The Chair directed the Committee to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON RES. 141-23: The following individual registered to speak and came forward when called by the Chair: Maki Morinoue: Res. 141 (Comm. 241), in support BILLS FOR The Chair directed the Committee to proceed to the next order of business, ORDINANCES: Bills for Ordinances. Bill 41: AMENDS SECTION 25-8-2 (NORTH AND SOUTH KONA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—TWENTY ACRES (A-20a) TO AGRICULTURAL—TEN ACRES (A-lOa) AT KALOKO, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-3-027:003 (Applicants: Charles Stevenson, Ann Stevenson, and John Fumo) (Area: 22.665 Acres) The Leeward Planning Commission forwards its favorable recommendation for this change of zone request, which would allow the applicants to request subdivision of the property in two 11.3325 acre lots to accommodate existing single-family dwellings on each lot. The property is located at 73-4375 Haleamau Street, approximately 570 feet northeast of its intersection with Kaloko Drive, Kaloko Mauka Subdivision, North Kona. Reference: Comm. 210 Intr. by: Mr. Inaba(B/R) Motion to Approve: Ms. Galimba moved to recommend passage of Bill 41 on first reading. Seconded by Ms. Kimball. Page 5 LAAC-8 May 2,2023 CHR. INABA: With that I believe we have the applicant and his representative here in Kona Chambers today. If you would both like to come forward and give the Council an overview of this request. I do believe that we have Deputy Jeff Darrow of the Planning Department either on Zoom or in Hilo Chambers as well. Good afternoon, Mr. Pipan. (Note: At this time, Planning Consultant John Pipan and applicant Charles Stevenson came forward to address the members of the Committee.) MR. PIPAN: Afternoon. Thank you, Chair Inaba, Council Members. John Pipan here, Land Planning Hawaii representing Mr. Stevenson, property owner and applicant to my left. This request is very straightforward. It's basically a housekeeping matter, bringing the zoning in line with the historic use of this property. There have been two permitted homes on this property since the mid 80's and they've been used independently. The Stevenson's and Mr. Fumo have a co-tenancy agreement. This would simply allow them to simplify that agreement and have each their own fee simple property. There's basically no adverse impacts relating to this. There's no development proposed, it would simply make a new lot line, make a new lock here. We've previously, at the Planning Commission requested relief from the fair share contributions and since then we've realized the importance of that contribution to the improvements required at the Kaloko intersection. So we have no qualms with making those contributions hence forward. We understand it's a very important, very dire situation and we trust the county will work very diligently and urgently to improve that intersection. This property has been under an approved Forest Management Plan. It has been dedicated as native forest. It will continue to do so. Ninety percent, approximately of the land area is dedicated to native forest and will continue to be managed as such. It's a high quality native forest still, and based on the report, you know, the best practice is just to protect it from any threats, invasive weeds, such on and so forth. In passing this bill would help the applicants to continue to be excellent stewards of the land. It would formalize and record with the deeds, the protections necessary to preserve the native ecosystem and the waters that function here for generations to come. I know there has been, since this bill was drafted, changes to the way administrative time extensions are handled. We feel that five years is more than enough time to get this subdivision completed since most of those conditions requiring completion are mainly clerical, administrative. We think it will take no longer than one to two years to actually complete the subdivision. There's no Page 6 LAAC-8 May 2,2023 on-the-ground work that's actually required. It's all paperwork. So we would be fine, acceptable if you'd like to change that to no administrative time extension. Five years is more than enough time, again. With that we just humbly ask for your support to forward this application on to the council with a favorable recommendation. Thank you much. CHR. INABA: Thank you, Mr. Pipan. I'd like to give Deputy Darrow an opportunity to chime in on this application. Mr. Darrow. (Note: At this time, Deputy Planning Director Jeff Darrow came forward to address the members of the Committee.) MR. DARROW: Aloha, Chair Inaba and members of the County Council. Jeff Darrow, Deputy Planning Director. As the applicant's representative has stated, it's pretty straight forward. We're in support of this. This has been developed with two dwellings since 1986. They're just trying to provide an opportunity for fee ownership by creating two lots. Planning Department is supportive of the request. Thank you. CHR. INABA: Thank you, Deputy Darrow. Taking it over to Hilo. Any questions? MS. EVANS: I just have one quick question on the comment about having a co-tenancy. CHR. INABA: Council Member Evans, go ahead. MS. EVANS: Yes. So the co-tenancy comment I guess I'm thinking you were a co-tenant, which meant there was a couple buildings that already existed on this property and you're going to go through the effort of separate water meters, separate roads. I'm trying to wrap my head about what—like there's an existing condition and you're trying to address that too. Can you offer some comment, please? MR. PIPAN: Yes. Thank you for your questions, Council Member Evans. The co-tenancy agreement was effected to speak to those things that you were asking about. The access, in this case it's a shared driveway with basically reciprocal easements. There are two existing county water meters, one for each of the properties or one for each of the dwellings, they would align with each of the eventual lots. So in effect, this would resolve the co-tenancy agreement and they would become fee simple owners and the co-tenancy agreement would no longer exist. MS. EVANS: Okay. Thank you. I yield. Page 7 LAAC-8 May 2,2023 CHR. INABA: Thank you. Bringing it back here to Kona. Council Member Lee Loy. MS. LEE LOY: Thank you, Mr. Inaba. Good to see you. I have a question for Mr. Darrow. Mr. Darrow, under Condition G, the Forestry Management Plan, it mentions submittal to the Department of Land and Natural Resources. And I'm understanding that to mean just submittal not approval by the Board of Land and Natural Resources? MR. DARROW: Correct, Council Member Lee Loy. Planning Director will submit it to them for their comments. And as we go through the review and approve out the Forest Management Plan. MS. LEE LOY: Okay. And then that Forest Management Plan gets recorded through the Bureau of Conveyances, correct? MR. DARROW: Correct. MS. LEE LOY: Great. Look forward to supporting this application. I yield. CHR. INABA: Thank you, Council Member Lee Loy. Anyone else here in Kona? Alright with that— MS. hatMS. EVANS: Chair, I'm sorry I have another question. Council Member Evans here. CHR. INABA: Council Member Evans. MS. EVANS: Thank you. Appreciate it. I'm looking at the fair share contribution and it's basically saying that the Council's going to approve what the dollar amount is, and your recommendation of the dollar amount is $15,636.59 per additional lot. So basically, we're creating only one additional lot, so that will be the fair share? Am I correct, the $15,636, and how did you calculate that? CHR. INABA: Deputy Darrow if you can please take that question? MR. DARROW: Sure. Every year the fair share amount for development in reference to the improvements that happen through a rezoning are calculated and adjusted. And so this is the current amount. If somebody was to build a dwelling on a property, that would be the amount that would cover police and fire, parks, roads, all those different types of improvements for the regional impact. What happened in Kaloko is because of the great need for the signalized intersection, the department in conjunction working with the Council recommended that the fair share go to that regional improvements specifically so Page 8 LAAC-8 May 2,2023 that at some point when enough monies was generated it could provide a signalized intersection at Kaloko intersection. My understanding is and it was spoken to in a recommendation is there's been a working group established. I have not been a part of that, but our Director has as well as Chair Inaba and members from DOT (Department of Transportation) and DPW (Department of Public Works). My understanding is they've been working on a traffic impact analysis report and that it looks like they're moving towards a signalized intersection at some point, but first design has to happen. MS. EVANS: Okay. Yeah, that's good information. Thank you. I yield. CHR. INABA: Thank you, Council Member Evans. Council Member Galimba. MS. GALIMBA: So I just wanted to thank the applicant for their forest management. I think that it's binding for 50 years and can come back after 50 years. But 50 years is a very long time, so it does speak to a commitment to maintaining the forest, and a very active commitment. I was just curious, and this is just more for Mr. Darrow, it is Ag-20 and so I kind of was interesting in how there got to be two dwellings on an Ag-20 lot in the 80's? I understand it's in the 80's, but I wondered if you could shed some light on that. MR. DARROW: Sure, Council Member Galimba. Normally, what would happen if somebody had applied for an additional dwelling today on agricultural land, they would submit what is called an additional farm building agreement. And through that they would represent the type of agriculture that they're doing on the property, the Department would review it and basically, that dwelling is for farm workers that would work that agricultural activity that's being proposed on the land. What happened was prior to 1996, the department was granting `ohana permits. Whether legally or non-legally, that's a question they are considered grandfathered at this point, but there was a period of time where we were told `ohana permits should not be issued on agricultural land and that stopped. This particular second dwelling was approved by an `ohana dwelling permit in 1986, I believe, or 1985. And they were able to build that second dwelling at that point. There was a resolution later on that kind of limited the amount of dwellings on 20 acres and that resolution is part of the applicant's package. It was Resolution 58-97, which basically said that you couldn't have more than two houses on 20 acres of land. So they're still in compliance with the resolution going through this rezoning at this time. But again, they were approved through an `ohana. If they were to come in today it would be considered an additional farm dwelling. MS. GALIMBA: Thank you very much. I yield. Page 9 LAAC-8 May 2,2023 CHR. INABA: Thank you. Council Member Villegas. MS. VILLEGAS: Thank you so much. Aloha and thank you for being here, Mr. Stevenson. I just had a quick question for you if I could. I just wondered kind of historically, you purchased this and built these homes? You and Ann and John Fumo? (Note: At this time, applicant Charles Stevenson came forward to address the members of the Committee.) MR. STEVENSON: No. We built an additional dwelling on the property that was approved and completed. But John had an additional dwelling but last year it burned down. MS. VILLEGAS: It's burnt down? MR. STEVENSON: Yup. MS. VILLEGAS: Okay. Now I'm a bit confused because it's 20 acres and there's two homes on it. And you own the property with John Fumo. MR. STEVENSON: Correct. MS. VILLEGAS: And I'm just going to speak in layman's terms here. So essentially you want to subdivide into two lots so you each end up with your own 10 acres with your own homes on it? MR. STEVENSON: Correct. MS. VILLEGAS: Okay. Thank you. I was alsoI noted here in the map that it's entitled "Moanuiahea," and I wondered what the significance of that naming was. Was that the name of the property or a program or a project you have there? MR. STEVENSON: Can you repeat it? MS. VILLEGAS: Mr. Pipan? MR. PIPAN: I'm sorry, could you repeat? So where is that specifically? MS. VILLEGAS: It's right here on the map. MR. PIPAN: This is just like the place name? MS. VILLEGAS: That's what I'm asking, the significance of that name. Page 10 LAAC-8 May 2,2023 MR. PIPAN: Yeah. MS. GALIMBA: It's the name of the geographical reference point. So some of these very old ones have names. MS. VILLEGAS: Fantastic. MS. GALIMBA: Yeah. So it's where they ran the survey from in, yeah, the old days. They gave them long Hawaiian names. MS. VILLEGAS: They gave it a name. Okay, thank you. I just found that very interesting. And the name is a beautiful name, and I just was wondering where that was from especially with the reference here of your dedication and commitment to stewarding the forest there. So I was just wondering if it was the name of something you had going there. But thank you, Council Member Galimba, for clarifying that. And thank you, Mr. Stevenson, for your honoring of the forest there. A lot of practices prior when there were so many requirements in some of these zoning codes. Property owners, you know, clear cut a lot of the forest in their zones, and I am deeply grateful that that is not the way that you chose to manage it. And I'm heartened to hear in these circumstances that this seems like a very clear reflection of just your desire to have you and—is Ann your wife? For you and Ann to have your property with your home and Mr. Fumo to have his property with his home. MR. STEVENSON: Thank you. MS. VILLEGAS: Thank you so much. And with that, I yield. CHR. INABA: Council Chair Kimball. MS. KIMBALL: Thank you, Chair. Thank you. Nice to see you again. And I've got to say you look exactly like my dad. It's kind of startling actually. I have one quick question about this. What sort of wastewater treatment system are these two dwellings on? MR. PIPAN: I'd have to jog my memory. They're all permitted. I think these are going to be cesspools though based on the date that they were installed in the 80's. MS. KIMBALL: Okay. I just had a question for Jeff Darrow, Deputy Darrow. It is not a requirement for any new subdivision to upgrade to the currently DOH (Department of Health) approved wastewater. Is that correct or if there is any kind of subdivision, they have to do the upgrade to what's currently approved by DOH? Page 11 LAAC-8 May 2,2023 MR. DARROW: My understanding is the actual subdivision itself will not trigger it. It's when they're going to do any type of improvement to either the existing dwelling or a new dwelling. MS. KIMBALL: Okay. Thank you for that clarification. So just so you're aware, you know, if there were any future improvements on this parcel, with respect to the dwellings, you're going to have to upgrade those wastewater treatment systems to a septic or something else DOH approved, okay? Alright, thanks. MR. PIPAN: Thank you. CHR. INABA: Alright. So just to confirm, are there two structures up now or just one? MR. PIPAN: Two dwellings. There may be sheds, accessory structures for each dwelling, but two dwellings. CHR. INABA: So one of those additional structures per MR. PIPAN: Yes. An additional shed burned not too long ago, unfortunately. CHR. INABA: Okay. Understood. With that then, I'll be working with the Planning Department and Corporation Counsel to address Condition N, so that we can come up with the standardized language and amend this bill being the first. But with no other questions or comments, there is a motion on the floor for forward Bill 41 to Council with a favorable recommendation. All those in favor, please say "aye." Vote on Bill 41: The motion to recommend passage of Bill 41 on (Approved) first reading was carried by the following voice vote: Ayes: Committee Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair Inaba—8. Noes: None. Absent: Committee Member Kaneali`i-Kleinfelder— 1. Excused: None. CHR. INABA: This does bring us to the end of our agenda. Page 12 LAAC-8 May 2,2023 ADJOURN- There being no further business, at 2:36 p.m., Ms. Lee Loy moved to adjourn MENT: the meeting. Seconded by Ms. Galimba and carried by the following voice vote: Ayes: Committee Members Evans, Galimba, Kagiwada, Kierkiewicz, Kimball, Lee Loy, Villegas, and Chair Inaba— 8. Noes: None. Absent: Committee Member Kaneali`i-Kleinfelder— 1. Excused: None. CHR. INABA: This meeting is adjourned at 2:36 p.m. Mahalo. Approved: 14-cgc-- il‘,43 Mr. Holeka Goro Inaba, Chair (Date) Legislative Approvals and Acquisitions Committee HI/tk Page 13