HomeMy WebLinkAboutREP LAAC 077 2024/11/19 2022-2024REPORT OF THE
LEGISLATIVE APPROVALS AND ACQUISITIONS COMMITTEE
DATE: November 19, 2024
PLACE: Council Chambers
Kailua-Kona, Hawaii
TIME: 1:01 P.M.
Council Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Re: Comm. No. 1050/Bill No. 208
Your Committee on Legislative Approvals and Acquisitions, to which was referred Bill No. 208,
reports as follows:
Bill No. 208, transmitted by Mayor Mitchell D. Roth, via Communication No. 1050, dated
September 9, 2024, amends Section 25-8-11 (Lalamilo-Pu`ukapu 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 — 40 Acres (A-40a) to Residential —
Agricultural — 0.5 Acres (RA-.5a) at Pu`ukapu, Waimea, South Kohala, Hawaii, covered by
Tax Map Key: 6-4-017:001. (Applicant: Kelvin P. Jarneski) (Area: 1.997 Acres).
The Leeward Planning Commission forwards its favorable recommendation for this amendment
to the State Land Use Boundaries Map and for the requested change of zone, which would allow
the applicant to subdivide the property into three lots. This property is located at 64-5208 Alanui
Ohana Place.
Legislative Approvals and Acquisitions Meeting of October 1, 2024
Planning Director Zendo Kern and Planning Consultant Sidney Fuke were present.
Mr. Fuke provided an overview of the project and explained that the goal for this change of district
classification would allow for the subdivision of the property into three lots for the applicant's
children. The applicant was not present.
Committee Member Jenn Kagiwada commented that Bill 123 had not yet passed when this bill was
created and voiced her concern regarding going from Agricultural to Rural for this project.
Director Kern stated that Bill 123 would allow a total of three accessory dwelling units on each lot
created.
Committee Member Rebecca Villegas commented regarding the recent Supreme Court ruling.
Mr. Kern was not able to comment as to how it may or may not affect this project because his office
has not yet debriefed with Corporation Counsel regarding the Supreme Court ruling.
Mr. Fuke stated that a condition limiting each lot to one dwelling would be agreeable to the applicant.
LAAC Report No. 77
LAAC-77
Page 2 November 19, 2024
Committee Chair Holeka Inaba and several other Committee Members stated their concern that the
applicant was absent.
Bill 208 was postponed to the Legislative Approvals and Acquisitions Committee scheduled for
November 7, 2024.
Legislative Approvals and Acquisitions Meeting of November 7, 2024
At the request of Planning Consultant Sidney Fuke, and on behalf of the applicant, Kelvin Jarneski,
via Communication 1050.1, Bill 208 was postponed to the Legislative Approvals and Acquisitions
Committee scheduled for November 19, 2024.
Legislative Approvals and Acquisitions Meeting of November 19, 2024
Planning Consultant Sidney Fuke and the applicant, Kelvin Jarneski, were present. Mr. Fuke
summarized the application and commented that there were no objections and that the applicant
agreed to restrict access to Mamalahoa Highway (Condition E) and the addition of Condition M,
relating to the amount of accessory dwelling units permitted per lot.
Committee Chair Holeka Inaba stated that he will have amendments ready for first reading per
Mr. Fuke's proposed amendment to Condition E and the addition of a new Condition M.
Your Committee on Legislative Approvals and Acquisitions is in accord with the purpose and intent
of Bill No. 208, and recommends its passage on first reading.
w b
AYES
NOES
ABS
EX
EVANS
X
GALIMBA
X
INABA
X
KAGIWADA
X
KANEALI`I-KLEINFELDER
X
KIERKIEWICZ
X
KIMBALL
X
LEE LOY
VILLEGAS
X
Respectfully submitted,
COMMITTEE ON LEGISLATIVE
APPROVALS AND ACQUISITIONS
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HOL KA GORO INABA, CHAIR