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HomeMy WebLinkAboutMIN LAAC 2024/11/07 (2022-2024)Committee on Legislative Approvals and Acquisitions 3411 Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii November 7, 2024 CALL TO The regular meeting of the Committee on Legislative Approvals and Acquisitions ORDER: was called to order at 10:53 a.m., in the Council Chambers, Hilo, by Mr. Holeka Goro Inaba, Chair. ROLL CALL: Present: Mr. Holeka Goro Inaba, Chair Ms. Cindy Evans, Member Ms. Jenn Kagiwada, Member Mr. Matt Kaneali`i-Kleinfelder, Member Ms. Ashley L. Kierkiewicz, Member Ms. Heather L. Kimball, Member Ms. Susan L. K. Lee Loy, Member Ms. Rebecca Villegas, Member (came in later; via videoconference from Kona) Absent & Excused: Ms. Michelle M. Galimba, Vice Chair 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: (There were none.) BILLS FOR The Chair directed the Committee to proceed to the next order of business, ORDINANCES: Bills for Ordinances. Bill 207: AMENDS THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY OF HAWAI`I BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL TO THE RURAL DISTRICT AT PU`UKAPU, WAIMEA, SOUTH KOHALA, HAWAI`I, COVERED BY TAX MAP KEY: 6-4-017:001 Postponed: October 1, 2024 (Note: There is a motion by Ms. Kierkiewicz, seconded by Mr. Kdneali`i-Kleinfelder, to recommend passage of Bill 207 on first reading.) LAAC-34 November 7, 2024 CHR. INABA: Thank you. There was a request from Mr. Fuke and the applicant to postpone this matter. So, can I get a motion to postpone Bill 207 to the November 191h Committee meeting? Vote on Motion Ms. Kierkiewicz moved to postpone Bill 207 to to Post -one: November 19, 2024. Seconded by Ms. Kagiwada and (Approved) carried by the following voice vote: Ayes: Committee Members Evans, Kagiwada, Kdneali`i-Kleinfelder Kierkiewicz, Kimball, and Chair Inaba — 6. Noes: None. Absent: Committee Members Galimba and Villegas — 2. Excused: None. ; and Bill 208: AMENDS SECTION 25-8-11 (LALAMILO-PU`UKAPU ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI`I 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, HAWAI`I, 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. Reference: Comm.1050 Intr. by: Mr. Inaba (B/R) Postponed: October 1, 2024 (Note: There is a motion by Ms. Kimball, seconded by Mr. Kaneali`i-Kleinfelder, to recommend passage of Bill 208 on first reading.) ; and Comm. 1050.1: From Council Member Holeka Goro Inaba, dated October 7, 2024, transmitting a request to postpone Bill 207 to November 19, 2024, from Planning Consultant Sidney M. Fuke. ; and Comm. 1050.2: From Council Member Holeka Goro Inaba, dated October 7, 2024, transmitting a request to postpone Bill 208 to November 19, 2024, and proposed language to amend Bill 208, from Planning Consultant Sidney M. Fuke. Page 2 LAAC-34 November 7, 2024 Motion to Postpone: Ms. Kierkiewicz moved to postpone Bill 208 to November 19, 2024. Seconded by Ms. Kagiwada. CHR. INABA: Any discussion? MR. KANEALI`I-KLEINFELDER: Yes. CHR. INABA: Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: What was the reason for the postponement? CHR. INABA: Mr. Fuke, I believe was out of town or one of the applicants wasn't available so, he has other applications on the 191h as well, and the applicants will be available then. MR. KANEALI`I-KLEINFELDER: Okay. Thank you. CHR. INABA: Any further discussion? Seeing none, all those in favor? Vote on Motion The motion to postpone Bill 208 to November 19, 2024 to Postpone: was carried by the following voice vote: (Approved) Ayes: Committee Members Evans, Kagiwada, Kaneali`i-Kleinfelder Kierkiewicz, Kimball, and Chair Inaba — 6. Noes: None. Absent: Committee Members Galimba and Villegas — 2. Excused: None. CHR. INABA: Moving on to Bill 219.. Bill 219: AMENDS SECTION 25-8-22 (PUNA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL — 20 ACRES (A-20a) TO FAMILY-AGRICULTURAL-1 ACRE (FA -la), KEA`AU, PUNA, HAWAI`I, COVERED BY TAX MAP KEY: 1-6-003:081 AND 129 (Applicant: Graphic Images Hawaii, Inc.) (Area: 26.762 acres) The Windward Planning Commission forwards its favorable recommendation for this change of zone request, which would allow the applicant to subdivide the property into 23 lots. The property is located at 16-790 Kea`au-Pahoa Road. Reference: Comm. I110 Intr. by: Mr. Inaba (B/R) Page 3 LAAC-34 November 7, 2024 ; and Comm. 1110.1: From Planning Director Zendo Kern, dated October 2, 2024, transmitting a request to amend Condition O (Fair Share) of Bill 219. Motion to Approve: Mr. Kaneali`i-Kleinfelder moved to recommend passage of Bill 219 on first reading. Seconded by Ms. Kierkiewicz. CHR. INABA: We have Mr. Daryn Arai and the applicants joining us today. Mr. Arai, if you'd like to give us an overview of the request here, and then I believe we have our Deputy Planning Director joining us in Chambers as well. (Note: At this time, Planning Consultant Daryn Arai and Graphic Images Hawaii, Inc representative Lori Higashi came forward to address the members of the Committee.) MR. ARAI: Good morning, Chair Inaba, Members of the Committee. My name is Daryn Arai. I'm a Planning Consultant residing in Hilo. To my right is, representing Graphic Images Hawaii Inc, Lori Higashi. The request before you today is in support of a proposed 23 lot rural subdivision in Kea`au. The location of this property is just outside the Kea`au Town Center, which is an urban core in Kea`au, and its proximity is also near existing similar rural type of subdivisions. For example, the 35 lot Ola Hou Estates subdivision located immediately to the north, as well as the Kea`au Agricultural lots, which is about 322 one -acre lots. Also in proximity, in addition to the Kea`au urban core, you have the Kea`au Elementary, Kea`au High School. To the north and to the south you have Punana Leo Charter School. So, the proximity of this property provides a natural progression of residential uses in close proximity to the Kea`au urban core, but also provides for an optimal transitional type of land use with a broader and larger agricultural lands to the south. Recently, I was just informed that the Planning Department has accepted a draft environmental assessment for a proposed medical clinic by Hilo Medical Center. The proposed clinic is intended occupy the seven acres in the front of the property adjacent to the old Pahoa Government Road. They are also considering two additional acres in support. That would bring it up to a total of nine acres from the subject property and could be dedicated for a medical clinic. The medical clinic itself, and I don't have a lot of information on it since I'm not directly involved at point, but it will provide about close to 40,000 square feet of clinic space for primary and secondary and specialty type of care. So, the request that's before you is kind of two-part. The applicant is working diligently with Hilo Medical Center in trying to realize this proposed medical clinic. But at the same time, if that proposal does not move forward, the applicant will proceed with his proposed 23-lot subdivision. And I should note that if the Page 4 LAAC-34 November 7, 2024 clinic itself is successful, then the total number of lots that could be realized would drop to about maybe 14 lots versus the proposed 23. Access to the property is going to be provided by County dedicated roads via Mamaka and Ohiohi Streets that traverse through the adjoining Ola Hou Estates. And the project itself, as demonstrated by the Planning Director's report, is consistent with the General Plan as well as with the Puna Community Development Plan. So, with that I'll stand ready to answer any questions that you may have. CHR. INABA: Thank you. Council Member Kimball. MS. KIMBALL: Yes. Due to potential ethical conflicts, I'm going to have to recuse myself from decision making on this matter. Thank you. CHR. INABA: Thank you very much. With that, I would like to just offer the opportunity, Deputy Director, if you have any —okay, no comment at this time. We'll open it up for discussion by the body. Council Member Evans. MS. EVANS: Thank you. So, originally you had negotiated a fair share and now basically you're willing to change it and what brought you back to the table for the renegotiation? MR. ARAI: There was no renegotiation. The proposed fair share was incorporated in the original bill that was transmitted to the Windward Planning Commission. If you're referencing Communication 1110.1, that was provided by the Planning Director to recognize that the fair share allocation has been updated. They do it every single year at the Planning Department and it's based on the adjustments to the Honolulu Consumer Price Index (CPI). So, it changes every single year so they're basically bringing the numbers that were in the original bill that went before the Windward Planning Commission and adjusting it to the current numbers that just was released by the Planning Department. MS. EVANS: So, it's timing. MR. ARAI: It's all about timing. MS. EVANS: But I noticed that I wouldn't —so, over time it will adjust annually except in this it says it wouldn't start for three years. MR. ARAI: That is correct. MS. EVANS: So, were the three years negotiated? MR. ARAI: No. It's a standard a standard condition applied to all rezonings. Page 5 LAAC-34 November 7, 2024 MS. EVANS: I just want to confirm with the Deputy Planning Director here. You're shaking yes, that's how we do it, three years before you start adjusting. Do you want to come up, please? Thank you. I just found it interesting that you would wait to start adjusting it. (Note: At this time, Deputy Planning Director Jeffrey Darrow came forward to address the members of the Committee.) MR. DARROW: Aloha, Committee Chair and members of the Committee. Jeff Darrow with the Planning Department. Council Member Evans, yes, that's correct. The adjustment for the fair share does not begin until three years after the approval of the ordinance. That's standard in all of our rezonings. MS. EVANS: And when you readjust it, do you readjust to whatever it would've accumulated over three years. MR. DARROW: Correct. MS. EVANS: So, every year it would go up, up, up, and then they get the hit. MR. DARROW: That's if it's readjusted. What happens is, after a period of time, depending on when they come in to pay the fair share, we'll look at that particular timing, and then we adjust it to the Honolulu Consumer Price Index, the HCPI, and they have a table that we just look at the timing and the actual fair share and it gives us the percentage adjustment. MS. EVANS: I noticed in the language, I think it said it was "may," you may adjust it. So, the discretion goes with the Planning Director if in fact they adjust it after three years. MR. DARROW: Well, again, normally the applicants try to take care of that before it starts accumulating, so it's normally taken care of. But if they don't then we send out a letter. We don't —it's usually not "may." We just do it. I'm not sure why it says may. But maybe there's some other considerations that come into place such as property or improvements that are done that may be adjusting the fair share amounts. But normally, when it requires that, we will adjust. MS. EVANS: Right. Yeah. I just wanted to point out the "may" kind of bothered me, that's it's a "may." Again, you know, the cost of construction and how much it cost for all the things that they're giving to fair share would be, I think, better that we keep current. So, yeah. MR. DARROW: Cool. Thank you. MS. EVANS: Thank you very much. I yield. Page 6 LAAC-34 November 7, 2024 CHR. INABA: Thank you, Council Member Evans. Council Member Kaneali`i- Kleinfelder. MR. KANEALI`I-KLEINFELDER: Chair, in light of the discussion revolving around the fair share, I'd like to make a motion to amend Bill 219 with the contents of Communication 1110.2. Motion to Amend: Mr. Kaneali`i-Kleinfelder moved to amend Bill 219 with the contents of Comm. 1110.2. Seconded by Ms. Kierkiewicz. CHR. INABA: Thank you, Mr. Kaneali`i-Kleinfelder, for that motion. This was requested as part of Communication 1110.1, based on the discussion we just had. Any discussion or input from the body? Council Member Kaneah'i-Kleinfelder, you have the floor. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. No pertinent discussion. This is just an amendment to the fair share values as discussed by the Deputy Planning Director and the applicant. So, thank you. CHR. INABA: Thank you. All those in favor of amending Bill 219 with the contents of Communication 1110.25 please say "aye." Vote on Motion The motion to amend Bill 219 with the contents of to Amend: Comm. 1110.2 was carried by the following voice vote: (Approved) Ayes: Committee Members Evans, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Inaba — 6. Noes: None. Absent: Committee Member Galimba — 1. Excused: Committee Member Kimball —1. CHR. INABA: Back to the main motion. Council Member Kaneali`i- Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. I just want to say that I will be in favor of this because the neighboring subdivision was a project that was done by the applicants in the past and I've driven through it many times. It's a beautifully laid out subdivision. There's a lot of good people in that subdivision. I think our previous Council Member Lee Loy owns a lot in that subdivision, firefighters, police officers and a number of established families and `ohana's in our Puna community, and this looks to tie in directly to that subdivision and extend it. You have a charter school next door, you have schools down the street for both elementary, high school, and middle. And you have a town center that's Page 7 LAAC-34 November 7, 2024 growing, and the fair share contributions can be used to expand what we do in Kea`au and the infrastructure that we need. So, I'll be supporting the measure today and I appreciate you folks coming in; I appreciate the work that you do. Thank you. I yield, Chair. CHR. INABA: Thank you. Council Member Kagiwada. MS. KAGIWADA: Thank you. Could you please just talk a little bit about amending Condition E and what's the reason you asked for that? I assumed you asked for that. MR. ARAI: Condition E. MS. KAGIWADA: The wastewater. MR. ARAI: Regarding a water system, right? MS. KAGIWADA: A water system. Okay. Water system improvements, right. Okay. Yeah. MR. ARAI: Normally in conditions of approval, you frequently see a more detailed discussion on the type of water system improvements like improving the line size, installing fire hydrants, and so forth and so on. But as we presented earlier, working through this proposed subdivision, along with it is also working with Hilo Medical Center and trying to stand up their facility. And if both are successful, then they're inclined to work together to try to create a water system that serves both facilities at the same time. So, trying to lock it into the ordinance with specific improvements will sort of hand string the applicant from working with Hilo Medical Center and also working with the Department of Water Supply to make sure that a robust system is provided supported both projects. MS. KAGIWADA: Okay. Thank you. Deputy Director, can I ask you a quick question? Thank you. I appreciate that. So, the request of change of zone to the one acre family ag, so if they do that there's no problems with the medical center going in there. Is that correct? MR. DARROW: Well, it's still within the state land use agricultural district, which will require a special permit. So, they're currently working through the environmental assessment. As the applicant's representative mentioned, the draft has been submitted to the Office of Planning and Sustainable Development to be able to be published, which will come out tomorrow. That'll give the public opportunity to comment on the project, then it will go through the final review, and then they'll submit a special permit application. MS. KAGIWADA: Okay. So, they need the special permit application. Page 8 LAAC-34 November 7, 2024 MR. DARROW: Correct. MS. KAGIWADA: But changing to the one acre, family does not present any impediments for the medical clinic? MR. DARROW: No. It won't cause any. MS. KAGIWADA: Alright. Thank you. Thank you so much. I appreciate that. I yield. CHR. INABA: Thank you. Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. I just wanted to voice my support for this particular project. You know, the applicant does have a very strong record of, you know, successful, thoughtful, development; neighboring subdivision is, you now, one example of that. And I appreciate the approach here. It's either going to be 23 lots of potential housing or if we get a medical treatment center, which is sorely needed in the Puna community, there's a plan for how you might shift that a little bit. And I love the flexibility in Condition E where we are requiring water improvements but based on what happens with HHFDC's (Hawai`i Housing Finance and Development Corporation), EA (Environmental Assessment), and special permit, we'll know later what exactly is needed. Thank you for being here. I yield. CHR. INABA: Thank you, Council Member Kierkiewicz. Before we proceed, I just want to make sure that the record is correct. I misstated the vote on the last amendment. So, the vote to amend Bill 219 with the contents of Comm. 1110.2 was six in favor, yes, with Council Member Galimba excused and Council Member Kimball recused from the vote. Thank you. And we can proceed now. Is there any further discussion? Main motion on the floor is to forward Bill 219 with a favorable recommendation. Seeing none, all those in favor, please say "aye." Vote on Bill 219: The motion to recommend passage of Bill 219, as Draft 2 amended to Draft 2, on first reading was carried by (Approved) the following voice vote: Ayes: Committee Members Evans, Kagiwada, Kdneali`i-Kleinfelder, Kierkiewicz, Villegas, and Chair Inaba — 6. Noes: None. Absent: Committee Member Galimba — 1. Excused: Committee Member Kimball —1. MR. ARAI: Thank you, Council Members. Page 9 LAAC-34 November 7, 2024 CHR. INABA: Thank you. With that, we'll proceed to the next order of business. Bill 220: AMENDS SECTION 25-8-6 (KAILUA-HONALO URBAN ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL — 10,000 SQUARE FEET (RS-10) TO NEIGHBORHOOD COMMERCIAL — 10,000 SQUARE FEET (CN-10) AT HOLUALOA, NORTH KONA, HAWAI`I, COVERED BY TAX MAP KEY: 7-7-009:008 (Applicant: Dr. Loi Chang-Stroman) (Area: 16,161 square feet) The Leeward Planning Commission forwards its favorable recommendation for this change of zone request, which would allow the applicant to expand services at the existing medical facility. The property is located at 77-311 Sunset Drive. Reference: Comm.1123 Intr. by: Mr. Inaba (B/R) Motion to Approve: Ms. Kierkiewicz moved to recommend passage of Bill 220 on first reading. Seconded by Mr. Kaneali`i-Kleinfelder. CHR. INABA: Mr. Arai, please go ahead. (Note: At this time, Planning Consultant Daryn Arai and applicant, Dr. Loi Chang-Stroman came forward to address the members of the Committee.) MR. ARAI: Good morning, Council Members. Daryn Arai, Planning Consultant assisting the applicant, Dr. Loi Chang-Stroman with this rezoning request. Dr. Stroman would've loved to be here before all of you. He is currently participating via Zoom, and I hope he can join us. But when discussing this meeting today, his presence here would mean either being in Hilo or closing down the Urgent Care Clinic that he's from. CHR. INABA: He's joined us via Zoom. MR. ARAI: There he is. Great. And he's dressed appropriately as well. So, the request, the medical facility was established by use permit in 1988. In 1990, the following year, the facility was constructed and ever since then, for the past 34 years or thereabout the facility has serviced the medical needs of the Kona community. Over those years, we hope that the Council will find that the services that they provided and being a good neighbor in the area, and we're not aware of any complaints that have been generated by this project, would qualify them a use that is clearly needed and should be supported in this particular part of Kona. Page 10 LAAC-34 November 7, 2024 That being said, the medical needs of the community continue to change and evolve, and the use permit does carry a number of constraints. For example, no more than two physicians can service the facility at any time. Hours of operation are also restricted. And as the doctor needs to adjust his operations in order to serve his patients, it shouldn't compel him to file an amendment and go to hearings every single time he wishes to adjust his services. And that's what prompted this change of zone request. If you take a step back as well, this particular area of Kona fronting Sunset Terrace, does have existing neighborhood commercial zoning on both sides of Kuakini. So, the request is not inconsistent with the land use pattern in that area. There are other medical facilities that are also subject to a use permit and have been operating for decades. Dr. Stroman is taking this step in order to adjust, accommodate the medical needs that he feels is important to his community. His wife is a dermatologist, and she operates Kona Dermatology that occupies the upper level of the facility, and the urgent care is on the bottom level. So, hopefully, I provided enough adequate explanation of why we feel this is an appropriate action to take and we're hoping for your support. CHR. INABA: Thank you, Mr. Arai. I want to give opportunity to the applicant, if you'd like to make any comment at this time before we open it up to the Council for discussion? MR. STROMAN: Council Members, thank you very much for allowing me the ability to speak with you and I really do appreciate it. One of the reasons we're doing this, we used to have at our other facilities a plastic surgeon who would come in from Honolulu to be able to see people so they wouldn't have to fly. And we get requests from urologists and gastroenterologists that want to practice, but the scope of the present zoning only allows for two physicians. And so, you know, our patients were having to have them go to other facilities. Allowing this zoning change will really allow us to expand services to allow our patients to not have to fly. And please understand, you know, what we're not trying to do is open a large medical center. The numbers of people are a few a day because it's going to be primarily specialty services. But, you know, just having our patients not have to travel to Honolulu or mainland or whatever for things that can be accessible, I think, would be extremely helpful to the community. So, I appreciate your ability to let me speak. CHR. INABA: Thank you, Doctor. Bringing it back. Mr. Arai, do you have something to add? MR. ARAI: Maybe just one clarification. Probably propose in addition to hours of operation and number of physicians was also establishing durable medical equipment service, which is like a commercial retail type of thing. We did check with the Fire Department and in order to accommodate that small little facility Page 11 LAAC-34 November 7, 2024 where he could just offer wheelchairs and other type of medical devices to his patients could require a change of occupancy, which would then trigger extensive fire protection measures including having to sprinkle the entire building or having to upgrade the entire water system in the area which is substandard due to pressure. So, Doctor is going to continue just having a discussion with Fire Department in order to see if there's some type of possibility because some type of opportunity exists. But we just wanted to make that clarification, that there are a number of controls in place so while this is a commercial rezoning, it's not like it can easily flip into a Starbucks or something. The facility has been there for 34 years and to change it to another type of use could require significant improvements. But either way, there are existing regulatory controls that will govern what can occur on the property. CHR. INABA: Thank you, Mr. Arai. Opening it up for discussion. MS. VILLEGAS: Chair? CHR. INABA: Council Member Villegas, go ahead. MS. VILLEGAS: Yes, thank you so much, Chair. Yes. This actually resides in my district. I'm very familiar with the property and the building and have actually needed to use the services at urgent care there, as well as the dermatology office upstairs. I will support this transition today. I think this is in alignment. It is what this property has been used for. I have not received any testimony from constituents in opposition of this. There are a number of different health facilities, kind of in a row off the highway there, and it provides access to people without going into the city center, for lack of a better way. So, I'll be supporting this today. And thank you to the medical teams that operate out of that facility and the best efforts that have been made to be a good neighbor and not to negatively impact the residential area around that but instead to be contributing to closer access for those that live in the surrounding areas. So, as representative of this district, thank you, Doctor, for coming in and getting things aligned so that there's a little more flexibility for your staff and team to provide more services and medical capacity in Kona. And with that, I yield. CHR. INABA: Thank you. Council Member Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. Mr. Arai, in reviewing the documents it looks like because of the potential switch to neighborhood - commercial, that the use permit will no longer be necessary that's existing. So, that'll be repealed if the zoning change goes through because these uses that are in existence will be allowed given the neighborhood commercial, correct? Page 12 LAAC-34 November 7, 2024 MR. ARAI: That is correct. And in the application, we have made that request to repeal the use permit. So, that would be the next step should this rezoning be successful. MR. KANEALI`I-KLEINFELDER: Is there any other neighborhood -commercial in the area adjoining the property or nearby? MR. ARAI: Not adjoining but maybe a few hundred feet to the north and there's also some commercial directly across at Seaview. So, there's commercial on both sides of Kuakini in close proximity to this property as well as multiple -family residential. MR. KANEALI`I-KLEINFELDER: And this has been an existing medical type facility for how many years, 34? MR. ARAI: 34 years. MR. KANEALI`I-KLEINFELDER: Okay. Yeah. I'll be supporting the project. Thank you. CHR. INABA: Thank you. Seeing no further discussion, all those in favor of approving Bill 220 and forwarding to Council with a favorable recommendation, please say "aye." Vote on Bill 220: The motion to recommend passage of Bill 220 on first (Approved) reading was carried by the following voice vote: Ayes: Committee Members Evans, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Chair Inaba — 7. Noes: None. Absent: Committee Member Galimba —1. Excused: None. CHR. INABA: Thank you, Mr. Arai. Moving on to Bill 221. MR. ARAI: Thank you, Council Members. MR. HENRICKS: Chair Inaba, would you prefer that I read Bill 221 and 222 together and then allow for separate motions? CHR. INABA: Sure. Page 13 LAAC-34 November 7, 2024 Bill 221: REPEALS ORDINANCE NO. 10-1, WHICH AMENDED THE STATE LAND USE BOUNDARIES MAP FOR THE COUNTY OF HAWAI`I BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL DISTRICT TO THE URBAN DISTRICT AT KAHULUI 2ND, NORTH KONA, HAWAI`I, COVERED BY TAX MAP KEY: 7-5-017:042 ;and Bill 222: REPEALS ORDINANCE NO. 10-2, WHICH AMENDED SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAI`I COUNTY CODE 1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL — 5 ACRES (A-5a) TO SINGLE FAMILY RESIDENTIAL — 10,000 SQUARE FEET (RS-10) AT KAHULUI 2ND, NORTH KONA, HAWAI`I, COVERED BY TAX MAP KEY: 7-5-017:042 (Planning Director Initiated) (Area: 14.437 acres) The Leeward Planning Commission forwards its favorable recommendation to revert the State Land Use Boundaries Map district classification to Agricultural and the Zoning district classification to Agricultural 5-acre. This property is located on the south side of Hualdlai Road, approximately 0.6 miles east of its intersection with Queen Ka`ahumanu Highway. Reference: Comm.1124 Intr. by: Mr. Inaba (B/R) Motion to Approve: Ms. Kierkiewicz moved to recommend passage of Bill 221 on first reading. Seconded by Ms. Kagiwada. CHR. INABA: Let's see. I believe the applicant is supposed to be in our Kona Chambers, Mr. Rapoza. Is there anyone there, Council Member Villegas? MS. VILLEGAS: Yes. Mr. Rapoza is here. CHR. INABA: Alright. Mr. Rapoza, please go ahead and give us an overview of the request before this body today. MS. VILLEGAS: You don't want to? Okay. Mr. Rapoza, please come on up and share with us anything that you would like to. (Note: At this time, the applicant Edward Rapoza came forward to address the members of the Committee.) MR. RAPOZA: Edward Rapoza, Kona, Hawaii. Really nothing to share other than what's before you. Planning to take this back to agricultural zoning. Page 14 LAAC-34 November 7, 2024 CHR. INABA: Thank you. Alright. I'll open it up then. Is there anything from the Planning Department that you would like to chime in, Deputy Director? (Note: At this. time, Deputy Planning Director Jeffrey Darrow came forward to address the members of the Committee.) MR. DARROW: Thank you, Chair. Jeff Darrow with the Planning Department. As Mr. Rapoza mentioned, we received a request to revert both the state land use from urban back to agricultural, and the current County zoning from RS-10 back to Agricultural — 5 acres. This is about 14-plus acres, just under 15 acres. In the 2010's there was a state land use boundary amendment as well as the County zoning. The intention was to build a 53-lot subdivision. Also approved back then was a planned unit development to allow for some design flexibility in the proposed subdivision. Again, the entire project did not get off the ground. It was sold to Mr. Rapoza who would like to utilize this property for agricultural purposes. We're supportive of the request. CHR. INABA: Thank you, Deputy Director Darrow. Starting over in Kona, any comment or questions? MS. VILLEGAS: Sure. Yes. I'm very familiar with the properties in this area and the flood corridors that are near there, and I am grateful for a property owner that wants to revert something back to ag usage and keeping soil safe and land less cut up, for a lack of a better way to do that. Mr. Rapoza has a long history of working collaboratively with community on a number of different projects for the long-term benefit. And so, from a person and professional standpoint, I am grateful for your request before us and your creativity in taking property on a project and finding a way to return to some of its prior zoning that hopefully will turn out to be a better usage. So, thank you for being here today. As Council Member of District 7, I'll be supporting both of these bills today. I yield. CHR. INABA: Thank you. Any further discussion? Seeing none, all those in favor of approving Bill 221 and forwarding to Council with a favorable recommendation, please say "aye." Vote on Bill 221: The motion to recommend passage of Bill 221 on first (Approved) reading was carried by the following voice vote: Ayes: Committee Members Evans, Kagiwada, Kdneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Chair Inaba — 7. Noes: None. Absent: Committee Member Galimba —1. Excused: None. Page 15 LAAC-34 November 7, 2024 CHR. INABA: Moving on. Can I have a motion to approve and forward to Council with a favorable recommendation, Bill 222? Vote on Bill 222: Ms. Kimball moved to recommend passage of Bill 222 on (Approved) on reading. Seconded by Ms. Kagiwada and carried by the following voice vote: Ayes: Committee Members Evans, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Chair Inaba — 7. Noes: None. Absent: Committee Member Galimba —1. Excused: None. CHR. INABA: This brings us to the end of our agenda. ADJOURN- There being no further business, Chair Inaba adjourned the meeting MENT: at 11:31 a.m. CHR. INABA: Mahalo. Approved: Mr. Holeka Goro Inaba, Chair Legislative Approvals and Acquisitions Committee HI/tk JUN 18 2025 (Date) Page 16