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REPORT OF THE <br />LEGISLATIVE APPROVALS AND ACQUISITIONS COMMITTEE <br />DATE: August 15, 2023 <br />PLACE: Council Chambers <br />Kailua-Kona, Hawaii <br />TIME: 1:30 p.m. <br />Council Chair and Members <br />Hawaii County Council <br />Hilo, Hawaii 96720 <br />Re: Comm. No. 388/13111 No. 61 <br />Your Committee on Legislative Approvals and Acquisitions, to which was referred Bill No. 61, reports <br />as follows: <br />Bill No. 61, transmitted by Mayor Mitchell D. Roth, via Communication No. 388, dated July 13, 2023, <br />amends Section 25-8-19 (North Hilo Zone Map), Article 8, Chapter 25 (Zoning) of the Hawaii <br />County Code 1983 (2016 edition, as amended), by changing the district classification from <br />Agricultural — Twenty Acres (A -20a) to Agricultural — Five Acres (A -5a) at `0`6kala, North Hilo, <br />Hawaii, covered by Tax Map Key: 3-9-001:024 (Applicant: Dennis Schmitz) (Area: 20.027 Acres). <br />The Windward Planning Commission forwards its favorable recommendation for this change of zone <br />request, which would allow the applicant to request the subdivision of the property into four lots, <br />each approximately five acres in size. The property is located north (makai) of Old Mamalahoa <br />Highway approximately 270 feet east of its intersection with Milo Street. <br />Consultant Daryn Arai and applicant Dennis Schmitz were present in the Kona Chambers. Planning <br />Director Zendo Kern and consultant Sidney Fuke were present via Zoom. <br />Director Kern explained about the historic landing and stated that public access was not required due <br />to the steep 200 -foot cliff drop, for public health and safety reasons. Mr. Arai gave a brief overview <br />of this project. <br />Council Member Heather Kimball commented that she is comfortable with this project and visited <br />its location together with Planning Program Manager Maija Jackson. Several Council Members <br />made inquiry and voiced concerns. <br />Daryn Arai stated that the historical access to the shoreline is a pathway from the adjoining property <br />and not from this property with ropes that repel down to the shoreline area. He believes that it is not <br />a landing and that there is no historical use of the cliff area being used as a pedestrian pathway down <br />to the shoreline. <br />Corporation Counsel Elizabeth Strance came forward regarding access to the shoreline and criteria <br />that may need to be met. Ms. Strance explained that the law insures customary and historical access <br />to properties, and regardless of what an ordinance says, constitutional rights would trump that. <br />LAAC Report No. 30 <br />