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Home My WebLink AboutREP LAAC 017 2025-05-20 2024-2026REPORT OF THE LEGISLATIVE APPROVALS AND ACQUISITIONS COMMITTEE DATE: May 20, 2025 PLACE: Council Chambers Hilo, Hawaii TIME: 3:48 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Re: Comm. No.1015/Bill No. 199 Your Committee on Legislative Approvals and Acquisitions, to which was referred Bill No. 199, reports as follows: Bill No. 199, transmitted by Mayor Mitchell D. Roth, via Communication No. 1015, dated August 13, 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 — 5 acres (A-5a) to Residential Agricultural — 0.5 acres (RA-0.5a) and Neighborhood Commercial — 10,000 square feet (CN-10) at Waimea, South Kohala, Hawaii, covered by Tax Map Key: 6-4-024:027. (Applicant: Kaupulehu Land, LLC) (Area: 5.349 Acres). The Leeward Planning Commission forwards its favorable recommendation for this amendment to the State Land Use Boundaries Map and an unfavorable recommendation for the requested change of zone, which would allow the applicant to subdivide the property into eight lots consisting of three retail/commercial lots fronting Mamalahoa Highway and five residential agricultural lots. This property is located at 64-983 Mamalahoa Highway. Legislative Approvals and Acquisitions Meeting of September 16, 2024 At the request of the Applicant and its representatives, Committee Chair Holeka Goro Inaba informed this committee that Bill 198 is hereby postponed to October 15, 2024. Legislative Approvals and Acquisitions Meeting of October 15, 2024 At the request of the Applicant and its representatives, Committee Chair Holeka Goro Inaba informed this committee that Bill No. 198 is postponed to January 7, 2025. Planning Consultant Daryn Arai, representing the Applicant, was present via Zoom. Committee Members Rebecca Villegas and Cindy Evans both thanked the testifiers for their attendance, and their continued commitment and steadfast investment in their community. Legislative Approvals and Acquisitions Meeting of January 7, 2025 Pursuant to Communication No. 1015.41, from Katherine A. Garson and Onaona P. Theone, of Carlsmith Ball, LLC, legal counsel for Kaupulehu Land, LLC, dated January 2, 2025, Bill No. 198 has been postponed to February 4, 2025. LAAC Report No. 17 LAAC-17 Page 2 May 20, 2025 Planning Consultant Daryn Arai addressed the committee noting that due to some procedural questions regarding Bill 199, the Applicant desired to further postpone. Bill 198 was postponed to February 4, 2025. Legislative Approvals and Acquisitions Meeting of February 4, 2025 Planning Director Jeffrey Darrow, Planning Consultant Daryn Arai, Katherine Garson of Carlsmith Ball, LLC, and Applicants John and Joni Metzler, were present in the Chambers. Mr. Darrow provided a PowerPoint presentation via Communication No. 1015.48 and 1015.49, which outlined the recommendations of the Leeward Planning Commission and the Planning Director. Applicant Joni Metzler provided some background information, adding that property is currently being used to graze horses; however, the intent is to improve the property to create smaller and affordable agricultural lots for young families. The front portion of property was zoned Commercial-7,500 but was later rescinded due to previous owners' inability to follow through. Ms. Metzler also stated that the request is in alignment with the County of Hawaii General Plan, the Community Development Plan, and the State of Hawaii Land Use Management Plan and has interested buyers for both the agricultural lots and the commercial parcels. Committee Members engaged in discussion with Mr. Darrow, and the applicants and their representatives relating to the Leeward Planning Commission's findings, the requirements of applicants, the large amount of testimony and testifiers in opposition, and the opportunity to have further community engagement. Committee Chair Heather Kimball gave a brief summary of a proposed amendment via Communication 1015.47, which adds conditions of approval including new tolling language, time conditions, and accessory dwelling unit restrictions and CC&R restrictions (Covenants, Conditions, and Restrictions). Bill 199 was amended to Draft 2 with the contents of Communication No. 1015.47, with nine "ayes." Bill No. 199, as amended to Draft 2, was postponed to March 6, 2025. Legislative Approvals and Acquisitions Meeting of March 6, 2025 Planning Director Jeffrey Darrow, Planning Consultant Daryn Arai, Katherine Garson of Carlsmith Ball, LLC, and Applicant John Metzler were present. Committee Members engaged in discussion with Mr. Darrow, and the applicant and their representatives relating to the community meeting initiated by Council Member James Hustace and the community concerns including infrastructure and traffic issues, the preservation of LAAC Report No. 17 LAAC-17 Page 3 May 20, 2025 agricultural lands, the commercial aspect, the potential for affordable housing, the need for housing in general, and the additional opportunity for the community to provide its collective feedback to the applicants. Committee Chair Heather Kimball volunteered to be the point of contact between the applicants and the community to discuss collaboratively on the measure and have an open forum and community meeting. Bill No. 199, Draft 2, was postponed to the call of the Chair. Legislative Approvals and Acquisitions Meeting of May 20, 2025 Planning Director Jeffrey Darrow, Planning Consultant Daryn Arai, Katherine Garson of Carlsmith Ball, LLC, and Applicants John and Joni Metzler were present. Committee Members engaged in discussion with Mr. Darrow, and the applicants and their representatives relating to the report from the community meeting that compiled feedback from some eighty participants and its suggestions, of which the applicants nor Council Members were invited. Committee Members discussed the lack of the applicants holding its own community engagement prior to its rezoning application, commercial options for the front parcel, the agricultural uses for the proposed eight half -acre lots, the next steps should zoning be approved, including additional studies relating to traffic and floodways, the state issues relating to highway infrastructure, the Traffic Impact Analysis Report, which property would be considered as an affordable unit pursuant to Chapter 11, consideration to offer other affordable units, or a consideration for leasehold options, the potential for accessory dwelling units on either parcel, height considerations and any requirements for curbs, gutters and drainage for the commercial parcel, water requirements and limitations for the commercial parcel, existing water credits, and wastewater requirements or limitations for both parcels. Your Committee on Legislative Approvals and Acquisitions is not in accord with the purpose and intent of Bill No. 199, Draft 2, and forwards it to Council with a negative recommendation. dbk AYES NOES ABS EX GALIMBA X HUSTACE X INABA X KAGIWADA X KANEALI`I-KLEINFELDER X KIERKIEWICZ X KIMBALL X ONISHI X VILLEGAS X Respectfully submitted, COMMITTEE ON LEGISLATIVE APPROVALS AND ACQUISITIONS r ATHER L. kIMBALL, CHAIR LAAC REPORT NO.: 17 ADOPTED: JUN ® 4 2025