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Home My WebLink AboutMIN LAAC 2025/05/06 (2024-2026)Committee on Legislative Approvals and Acquisitions 8th Session West Hawaii Civic Center 74-5044 Ane Keohokalole Highway, Building A Kailua-Kona, Hawaii May 6, 2025 CALL TO The regular meeting of the Committee on Legislative Approvals and Acquisitions ORDER: was called to order at 11:04 a.m., in the Council Chambers, Kailua-Kona, by Ms. Heather L. Kimball, Chair. ROLL CALL: Present: Ms. Heather L. Kimball, Chair Mr. Dennis "Fresh" Onishi, Vice Chair Ms. Michelle M. Galimba, Member Mr. James E. Hustace, Member Mr. Holeka Goro Inaba, Member Ms. Jenn Kagiwada, Member (via videoconference from Hilo) Mr. Kaneali`i-Kleinfelder, Member Ms. Ashley L. Kierkiewicz, Member (via videoconference from Hilo) Ms. Rebecca Villegas, Member STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS: BILLS FOR ORDINANCES: The Chair directed the Committee to proceed to the next order of business, Statements from the Public on Agenda Items. (There were none.) The Chair directed the Committee to proceed to the next order of business, Bills for Ordinances. LAAC-8 May 6, 2025 Bill 46: AMENDS SECTION 25-8-30 (NA`ALEHU ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAI`I 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 NA`ALEHU, KA`U, HAWAI`I, 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. Reference: Comm.235 Intr. by: Council Member Kimball (B/R) ; and Comm. 235.1: From Council Member Heather L. Kimball, dated April 11, 2025, transmitting a PowerPoint presentation for Bill 46. Motion to Approve: Mr. Inaba moved to recommend passage of Bill 46 on first reading. Seconded by Ms. Galimba. CHR. KIMBALL: At this time I'd like to invite Director Darrow to give us a presentation. This is contained in Communication 235.1. (Note: At this time, Planning Director Jeffrey Darrow came forward and provided a PowerPoint presentation to the members of the Committee. For viewing of the subject presentation, see the DVD copy of the meeting proceedings on file in the Clerk's Office, or online at http://hawaiicounty.gov.granicus.com. A copy of the PowerPoint presentation is made a part of the record, see Comm. 235.1.) CHR. KIMBALL: Thank you very much, Director. I just want to check in. Do we have anybody, the applicant or their representative, available to say anything? I don't think so, but to make sure before I proceed. Over in Hilo, is there anybody there? MS. KIERKIEWICZ: No one is here. CHR. KIMBALL: Okay. Thank you. Alright. With that we will go forward with discussion from the Council, so if anyone would like to start? No lights on? Go ahead, Council Member Villegas. Page 2 LAAC-8 May 6, 2025 MS. VILLEGAS: Yeah, I suppose this one's very simple for me. It's been a while since we've seen something with a negative recommendation from both the Planning Department and from the Windward Planning Commission, so that makes it pretty clear to me. I see no reason why we would send this forward with a positive. So I won't be supporting this today. I yield. CHR. KIMBALL: Thank you, Council Member Villegas. Council Member Inaba. MR. INABA: In agreement with Council Member Villegas. Thank you. CHR. KIMBALL: Thank you. Council Member Galimba, this is your district. MS. GALIMBA: Yes, thank you. And I think looking at it from sort of a land use like appropriate zoning, it would fit because it is in the commercial center of N5' alehu. But the fact that we do have declining water sources in the area, so to do a change of zone and not have the water to back it up is unwise. So I agree and support this or don't support it, I guess. I support the Planning Director's recommendation. Thanks. CHR. KIMBALL: Thank you, Council Member. Council Member Kaneali`i- Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you. Mr. Darrow, what is the concurrency requirement; can you explain that to me? MR. DARROW: Sure. In our Zoning Code Chapter 25-2-46, it lays out the different requirements for concurrency, mainly traffic and water, and we've added several areas after that. Sirens were added in last, I believe. But in 25-2-46 (m), it talks about the requirements to receive an approval for a change of zone and that is that they can be supplied by County water for the particular project request. In this particular case, we sent the application to the Department of Water Supply (DWS), and they said they could not supply water for this particular application based on lack of water source without significant improvements. You know, that happens every so often. The other option is that they could build a system, but it has to be to dedicatable standards meaning DWS's dedicatable standards. In the past, we've spoken briefly about that and the cost of that is extreme; it's in the millions. And for something like this, it just wouldn't pan out. They did it in Ocean View. That's a good example of one of the areas where they put in a system that's not connected to Department of Water Supply, yet it was meeting a dedicatable standard. Page 3 LAAC-8 May 6, 2025 MR. KANEALI`I-KLEINFELDER: So on this parcel they've have to create a well and distribution system, but something that met County of Water Supply's standards? MR. DARROW: My understanding, if it hasn't changed, is that it has to be a 100,000-gallon tank well. It has to be 100 feet above the highest elevation of the project area. You'd have to supply two wells and then you have to put in all the infrastructure. So extremely significant. It's meant more for a larger project. I don't see it applying to something small like this. MR. KANEALI`I-KLEINFELDER: And did they have water rights before but not meet what the various commercial zoning would require? MR. DARROW: I'm not sure when the original water source came in, but it was able to build the gas station in the front and that's been there for decades. And again, we're just not sure what the applicant is proposing to build. With that little small area in CV-10, they could build five or six apartment units; they could extend the gas station and store and commercial uses to the back, or they could just make it a parking lot. We're just not sure what the intention is. MR. KANEALI`I-KLEINFELDER: If they supplied intention to what they were doing, would that change the director's decision? MR. DARROW: It may have in regard to the water calculations for the project, right? They could have. But again, once you rezone a property and you say I'm going to use it for a parking lot and then later on you end up using it for something else, right. So that's why we always look at it not so much from what's being proposed but what could be put there. MR. KANEALI`I-KLEINFELDER: Interesting. Okay. Thank you very much, Jeff. I appreciate it. MR. DARROW: Thank you. MR. KANEALI`I-KLEINFELDER: I yield, Chair. CHR. KIMBALL: Thank you. Anyone else? Checking in Hilo. Alright. We will proceed with the vote then. All those in favor of forwarding Bill 46 to Council, please say "aye." Okay, we're going to do a roll call if we can because of the hearing issues. Page 4 LAAC-8 May 6, 2025 Vote on Bill 46: The motion to recommend passage of Bill 46 on first Failed reading failed by the following roll call vote: Ayes: None. Noes: Committee Members Galimba, Hustace, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Onishi, Villegas, and Chair Kimball — 9. Absent: None. Excused: None. CHR. KIMBALL: Thank you, Mr. Clerk. ADJOURN- There being no further business, Chair Kimball adjourned the meeting MENT: at 11:17 a.m. CHR. KIMBALL: Thank you. Approved: Ms. Heather L. Kim all, Chair (Date) Legislative Approvals and Acquisitions Committee HI/tk Page 5