HomeMy WebLinkAboutREP LAAC 030 2023/08/15 2022-2024REPORT OF THE
LEGISLATIVE APPROVALS AND ACQUISITIONS COMMITTEE
DATE: August 15, 2023
PLACE: Council Chambers
Kailua-Kona, Hawaii
TIME: 1:30 p.m.
Council Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Re: Comm. No. 388/13111 No. 61
Your Committee on Legislative Approvals and Acquisitions, to which was referred Bill No. 61, reports
as follows:
Bill No. 61, transmitted by Mayor Mitchell D. Roth, via Communication No. 388, dated July 13, 2023,
amends Section 25-8-19 (North Hilo Zone Map), Article 8, Chapter 25 (Zoning) of the Hawaii
County Code 1983 (2016 edition, as amended), by changing the district classification from
Agricultural — Twenty Acres (A -20a) to Agricultural — Five Acres (A -5a) at `0`6kala, North Hilo,
Hawaii, covered by Tax Map Key: 3-9-001:024 (Applicant: Dennis Schmitz) (Area: 20.027 Acres).
The Windward Planning Commission forwards its favorable recommendation for this change of zone
request, which would allow the applicant to request the subdivision of the property into four lots,
each approximately five acres in size. The property is located north (makai) of Old Mamalahoa
Highway approximately 270 feet east of its intersection with Milo Street.
Consultant Daryn Arai and applicant Dennis Schmitz were present in the Kona Chambers. Planning
Director Zendo Kern and consultant Sidney Fuke were present via Zoom.
Director Kern explained about the historic landing and stated that public access was not required due
to the steep 200 -foot cliff drop, for public health and safety reasons. Mr. Arai gave a brief overview
of this project.
Council Member Heather Kimball commented that she is comfortable with this project and visited
its location together with Planning Program Manager Maija Jackson. Several Council Members
made inquiry and voiced concerns.
Daryn Arai stated that the historical access to the shoreline is a pathway from the adjoining property
and not from this property with ropes that repel down to the shoreline area. He believes that it is not
a landing and that there is no historical use of the cliff area being used as a pedestrian pathway down
to the shoreline.
Corporation Counsel Elizabeth Strance came forward regarding access to the shoreline and criteria
that may need to be met. Ms. Strance explained that the law insures customary and historical access
to properties, and regardless of what an ordinance says, constitutional rights would trump that.
LAAC Report No. 30
LAAC-30 Page 2 August 15, 2023
If an issue came up, further discussion or action would need to be taken at that time. Ms. Strance
stated that if the initial assessment is wrong, the County would not need to provide access because
the law does not require the County to provide it.
Several inquiries were made as to sewage requirements, reasons for rezoning of this property, and if
community outreach was attempted. Mr. Arai and the applicant responded that there would be septic
systems and that the reason for this rezoning was to break up the property into smaller parcels of less
acreage making it easier to manage for farming and sell to family. Mr. Arai stated that they reached
out to approximately sixty adjoining property owners and that no response expressing concerns was
received.
Planning Program Manager Maija Jackson stated that the adjoining property was zoned industrial
and that there was no associated permit that requires public access.
Council Member Rebecca Villegas asked about why Condition "M" did not include timing
limitations, to which Mr. Arai stated there is a special management area use permit limit for five
years, and that the control and performance required is embedded in that. Ms. Villegas stated that
she wants it in this ordinance.
Chair Holeka Inaba asked Director Kern to explain why this ordinance lacked a timing condition.
Mr. Kern explained that municipalities have performance conditions and that this is the direction that
he sees this county and state going. He explained further that an SMA (Special Management Area)
permit is a permit and having a timing condition for that makes sense if they do not perform within
that time period.
Chair Inaba stated that we should not leave rezonings without timing limitations and that he will be
submitting an amendment to Condition "M" for first reading that will include a five-year timing
limitation.
Your Committee on Legislative Approvals and Acquisitions is in accord with the purpose and intent
of Bill No. 61, and recommends its passage on first reading.
wpb
Respectfully submitted,
COMMITTEE ON LEGISLATIVE
APPROVALS AN ACQUISIT ONS
HOLEKA GORO INABA, CHAIR
LAAC REPORT NO.: 30
ADOPTED: SEP 2 0 2023
AYES NOES ABS EX
EVANS
X
GALIMBA
X
INABA
X
KAGIWADA
X
KANEALI°I-KLEINFELDER
X
KIERKIEWICZ
X
KIMBALL
X
LEE LOY
X
VILLEGAS
X
Respectfully submitted,
COMMITTEE ON LEGISLATIVE
APPROVALS AN ACQUISIT ONS
HOLEKA GORO INABA, CHAIR
LAAC REPORT NO.: 30
ADOPTED: SEP 2 0 2023