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HomeMy WebLinkAboutREP LAAC 064 2024/06/04 2022-2024REPORT OF THE LEGISLATIVE APPROVALS AND ACQUISITIONS COMMITTEE DATE: June 18, 2024 Re: Comm. No. 896/13111 No. 169 PLACE: Council Chambers Kailua-Kona, Hawaii TIME: 11:00 a.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Legislative Approvals and Acquisitions, to which was referred Bill No. 169, reports as follows: Bill No. 169, transmitted by Mayor Mitchell D. Roth, via Communication No. 896, dated May 8, 2024, amends Ordinance No. 02-131, which amended Ordinance Nos. 97-99, 94-34, 93-26, 91-96, 90-62, 88-4, 84-42, and 84-23, which reclassified certain lands from Unplanned (U) to Multiple -Family Residential — 5,000 square feet (RM-5) and Single -Family Residential — 15,000 square feet (RS-15) at H61ualoa 1 and 2, North Kona, Hawaii, covered by Tax Map Keys: 7-6-021:004, 009-013, and 015-017. (Applicant: Kona Three, LLC) (Area: approx. 175 acres) The Leeward Planning Commission forwards its unfavorable recommendation for the applicant's request for a 10-year time extension to Condition I (Complete Construction of the First Increment on RM Zoned Lands) and amendment to clarify Condition N (Roadway Standards), which would apply only to Tax Map Key Nos. 7-6-021:016 and 017, consisting of a total land area of 67.162 acres. The subject properties are located along the east (mauka) side of the Queen Ka`ahumanu Highway at its junction with Kuakini Highway, between Pualani Estates subdivision to the north and Kona Vistas to the South. Legislative Approvals and Acquisitions Committee Meeting of June 4, 2023 Planning Director Zendo Kern was in attendance for the Planning Department. Planning Consultant Daryn Arai and Richard Wheelock were in attendance for the applicant, Kona Three, LLC. Mr. Arai gave an overview of the project, and after extensive discussion, issues were raised regarding the affordable housing requirement. This measure was amended with the contents of Communication No. 896.4, which was introduced by Mr. Inaba. This bill was then postponed to June 18, 2024, due to further outstanding issues and a need for additional clarity. Legislative Approvals and Acquisitions Committee Meeting of June 18, 2023 Deputy Planning Director Jeff Darrow was in attendance for the Planning Department. Planning Consultant Daryn Arai and Richard Wheelock were in attendance for the applicant, Kona Three, LLC. Corporation Counsel Elizabeth Strance, Deputy Corporation Counsel Sylvia Wan, and Assistant Housing Administrator Harry Yada were also in attendance. Others in attendance were Tom P6haku Stone, who provided cultural knowledge and history of the area, Archaeologist Glenn Escott, and H61ua expert Keone Kalawe. LAAC Report No. 64 LAAC-64 Page 2 June 18, 2024 Mr. Darrow stated that this project is consistent with the General Plan and the Community Development Plan, and that the Planning Department provided a favorable recommendation. Mr. Darrow read a letter from the Cultural Resources Commission at Chair Inaba's request, which in short stated that the properties should be preserved in perpetuity. If that was not feasible, then outreach with lineal descendants should take place, and more open space should be provided, with preservation of the trails and archaeological features. Committee Members commented with directed inquiries to Mr. Darrow, Ms. Strance, Ms. Wan, Mr. Arai, Mr. Wheelock, and Mr. Yada. Extensive discussion took place regarding density, zoning, traffic and traffic studies, the Land Use Commission Order, the affordable housing requirements of Chapter 11, the time extension to complete conditions, and the chance that these properties could be sold prior to the completion of all conditions, and the possibility that this project, if not completed could trigger a reversion of the property zoning to Ag-5, or a more appropriate zoning. Mr. Escott provided information regarding archaeological sites in the area and features related to ranching, a railroad, trails, heiaus, stonewalls and damage caused to some features from bulldozing. Mr. Kalawe commented regarding the H6lua on the property. Mr. P6haku Stone, at Ms. Villegas' request, provided cultural knowledge of the area. Committee Members Cindy Evans, Heather Kimball, and Jenn Kagiwada stated that they were not in support of this project. Chair Holeka Inaba clarified that the Leeward Planning Commission forwarded an unfavorable recommendation because no recommendation could be made within the required 90 days due to a lack of quorum. Mr. Wheelock later stated he decided to proceed with the project anyway because he thought "Kona wanted and needed more housing". Committee Member Rebecca Villegas stated that this property has been on the Public Access, Open Space, and Natural Resources Preservation list to be protected in perpetuity, and there are major flooding issues with two major flood corridors that cover almost the entire property, where those living makai of this property would be flooded out. Ms. Villegas further commented that this is the opportunity to prevent these issues, and this community asked for an open space corridor, and this is the perfect place for that with a greater value for the broader community to protect. At the vote, Committee Member Michelle Galimba voted "kanalua" then "aye," and Chair Inaba voted "kanalua" then "no." LAAC Report No. 64 LAAC-64 Page 3 June 18,2024 Your Committee on Legislative Approvals and Acquisitions is not in accord with the purpose and intent of Bill No. 169, Draft 2, and forwards it to Council with a negative recommendation. w.b AYES NOES ABS EX Respectfully submitted, EVANS X GALIMBA x COMMITTEE ON LEGISLATIVE INABA x APPROVALS AND AC ISITIONS KAGIWADA X /Or KANEALI`I-KLEINFELDER X KIERKIEWICZ x HOLEKA GORO INABA, CHAIR KIMBALL X LEE LOY X LAAC REPORT NO.: 64 VILLEGAS X __ ADOPTED: NOV 2 0 2024