HomeMy WebLinkAboutREP LAAC 014 2025-05-06 2024-2026REPORT OF THE
LEGISLATIVE APPROVALS AND ACQUISITIONS COMMITTEE
DATE: May 6, 2025
PLACE: Council Chambers
Kailua-Kona, Hawaii
TIME: 11:04 a.m.
Council Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Re: Comm. No. 235/Bill No. 46
Your Committee on Legislative Approvals and Acquisitions, to which was referred Bill No. 46,
reports as follows:
Bill No. 46, transmitted by Managing Director William V. Brilhante, via Communication
No. 235, dated April 9, 2025, amends Section 25-8-30 (N5'51ehu Zone Map), Article 8, Chapter 25
(Zoning) of the Hawaii County Code 1983 (2016 Edition, as amended), by changing the Zone Map
Classification from Single Family Residential 10,000 square feet (RS-10) to Village Commercial
10,000 square feet (CV-10) at N5'51ehu, Ka`u, Hawaii, covered by Tax Map Key: 9-5-009:001 (por.)
(Applicant: L.A. Services, Inc.) (Area: approx.. 6,920.3 square feet).
The Windward Planning Commission forwards its unfavorable recommendation for this requested
change of zone, which would allow the applicant to establish a unified zoning designation for the
entire property. The property is located at 95-5591 Mamalahoa Highway.
Planning Director Jeffrey Darrow was in attendance and provided a PowerPoint presentation via
Communication 235.1, which outlined the unfavorable recommendation of the Windward Planning
Commission and the Planning Director. The Windward Planning Commission provided the
unfavorable recommendation based off the Planning Director's suggestion as the proposed request for
a change of zone does not meet the minimum concurrency requirements in relation to water, as set for
the in Hawaii County Code, Section 25-2-46. Mr. Darrow further informed that the State Land Use
Map shows the area within the medium density urban area allowing for commercial use, however, the
applicant has no plan for development or construction.
Committee Member Matt Kaneali`i-Kleinfelder inquired on the minimum concurrency
requirements for such a change of zone, any options available to the applicant as well as providing
its intention, and when were the existing water rights previously provided. Mr. Darrow shared that
traffic and water are common components of the minimum concurrency requirements, but other
requirements have been added to the list over time. In relation to this request for a change of zone,
Section 25-2-46 subsection (m) of the Hawaii County Code provides that it be supplied with
County water. This rezone request was submitted to the Department of Water Supply (DWS) with
DWS noting it could not approve said request due to the lack of water sources and the cost of
significant infrastructure work that would be needed to provide the same. Mr. Darrow also noted
the alternative option of the applicant covering the cost would entail millions of dollars to build
the required permitted wells and water infrastructure; however, without an intention of the rezone
request the water needs are unknown. Lastly, Mr. Darrow stated that although the exact date of
when the water rights were provided are unknown, the gas station has been in place for many
decades.
LAAC Report No. 14
LAAC-14 Page 2 May 6,2025
Committee Member Michelle Galimba, who represents the district of this change of zone request,
indicated that the rezone would fit as it is in the commercial zone of Na'alehu; however,with the
district's water issues, she cannot support the rezone and agrees with the unfavorable
recommendation.
Committee Members Rebecca Villages and Holeka Inaba both indicated that they agree with the
unfavorable recommendation.
Your Committee on Legislative Approvals and Acquisitions is not in accord with its purpose and
intent of Bill No. 46, and forwards it to Council with a negative recommendation.
•
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AYES NOES ABS EX Respectfully submitted,
GALIMBA X
HUSTACE x COMMITTEE ON LEGISLATIVE
INABA x APPROVALS AND ACQUISITIONS
KAGIWADA X
KANEALI`I-KLEINFELDER X
KIERKIEWICZ x 'HEATHER L. KIMBALL, CHAIR
KIMBALL X
ONISHI XMAY g LAAC REPORT NO.: 1 2025
VILLEGAS X ADOPTED: