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HomeMy WebLinkAboutMIN LAAC 2025/08/05 (2024-2026)Committee on Legislative Approvals and Acquisitions 1311 Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii August 5, 2025 CALL TO The regular meeting of the Committee on Legislative Approvals and Acquisitions ORDER: was called to order at 9:31 a.m., in the Council Chambers, Hilo, by Ms. Heather L. Kimball, Chair. ROLL CALL: Present: Ms. Heather L. Kimball, Chair Mr. Dennis "Fresh" Onishi, Vice Chair Mr. James E. Hustace, Member Mr. Holeka Goro Inaba, Member (came in later) Ms. Jenn Kagiwada, Member Mr. Matt Kdneali`i-Kleinfelder, Member Ms. Ashley L. Kierkiewicz, Member Absent & Excused: Ms. Michelle M. Galimba, Member Ms. Rebecca Villegas, Member 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.) LAAC-13 August 5, 2025 Bill 67: AMENDS SECTION 25-8-33 (CITY OF HILO 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 GENERAL COMMERCIAL-10,000 SQUARE FEET (CG-10) AT WAIAKEA, SOUTH HILO, HAWAI`I, COVERED BY TAX MAP KEY: 2-2-022:022 (Applicant: Correa Ohana, LLC) (Area: 33,180 square feet) The Windward Planning Commission forwards its favorable recommendation for the requested change of zone, which would allow the applicant to demolish the existing single-family dwelling and garage and construct a multi -family apartment complex. The property is located at 1198 Kino`ole Street. Reference: Comm.375 Intr. by: Council Member Kimball (B/R) Postponed: July 22, 2025 (Note: There is a motion by Council Member Kagiwada, seconded by Council Member Hustace, to recommend passage of Bill 67 on first reading.) CHR. KIMBALL: Thank you, Mr. Clerk. I believe we have Mr. Correa on Zoom, yes, and then we have Director Darrow here. So we'll open up discussion. Comments from the body? Council Member Kagiwada. MS. KAGIWADA: Thank you. Director Darrow, can you come up? Thank you. Good morning. Go ahead and introduce yourself for the record. (Note: At this time, Planning Director Jeffrey Darrow came forward to address the members of the Committee.) MR. DARROW: Good morning, Chair, Members of the Committee. Jeff Darrow with the Planning Department. MS. KAGIWADA: Thank you for being here. So this seems pretty straightforward. I guess, you know, we had a little bit of a discussion last time about the just kind of more general issues about there's a project that was introduced and yet that project is nothing that we can hold the developer to in any way, shape, or form, which is not this developer's fault but a problem kind of with our system we've set up here. So my understanding is regardless, so he's going for commercial, regardless of what he ends up building here because he's done a rezone, Chapter 11 will kick in, correct? MR. DARROW: It will if units are built. MS. KAGIWADA: If anything is built including commercial. Page 2 LAAC-13 August 5, 2025 MR. DARROW: I'm not sure about the commercial. I haven't seen that applied. Typically when you see —I'm sorry, you're talking affordable housing, I'm talking about fair share. MS. KAGIWADA: Yes. I'm talking about affordable able. Yes. Sorry. MR. DARROW: Okay. I'm thinking two different things. MS. KAGIWADA: Chapter 11. MR. DARROW: That's my understanding under Chapter 11. MS. KAGIWADA: Okay. So regardless of what gets built here, if it's the plan that the applicant showed us the last time or commercial, something like that, the affordable housing requirements will be applied, correct? MR. DARROW: Yes. MS. KAGIWADA: Okay. I just want to make that clear for the public because I think it's kind of a little bit of a gray zone. MR. DARROW: Yeah. If I could take just a moment to speak at kind of the higher level, and we touch upon it when we have these situations where, you know, somebody proposes a project that's mentioned planning. When they come in, regardless of what they propose we look at highest and best use. So we apply that. And when you're looking in an area that's designated for high density urban, the reason we're wanting to see those higher types of uses, those general commercial, because the area has the infrastructure to accommodate that. So regardless if it's commercial multi -family at a higher density, we know that that's where the infrastructure is that can accommodate that particular zoning. There's not much of that on the island and so that's where we want to focus this kind of growth. MS. KAGIWADA: Absolutely. Thank you so much. MR. DARROW: Thank you. MS. KAGIWADA: You know, I'll just say, and to the applicant, thank you for being here, Mr. Correa. I am going to support this rezone. And like I said, through no fault of yours, I hope with the changes that we'll be bringing forth for Chapter 11 and some of the buy right types of situations will be offering to people that maybe we can look at changing the way we do this with these proposed projects that then we can't hold anybody to. I'd preferred we get away from that if possible and just be looking at what is the zoning that they're asking for, the rezoning, and is that appropriate, and do we as a Council support that. So I'd Page 3 LAAC-13 August 5, 2025 prefer to see us coming through to us as multi -family zoning because that's what the applicant says they want to do. But at this point, as you said, it is an area that has the support and very similar things around it for offices, other things. So I'm going to be supporting this, but I hope we can work on how we do things as a County going forward. I yield. CHR. KIMBALL: Thank you, Council Member Kagiwada. Council Member Kaneali `i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Morning, Jeff. MR. DARROW: Good morning. MR. KANEALI`I-KLEINFELDER: Director Darrow. Thank you. Just a note, the Exhibit A, which has a map of the parcels and the surrounding parcels, there's two streets listed as Kamana Street and I don't think that's correct. CHR. KIMBALL: There was a corrected exhibit shared at the last, yeah. I should be in here, but maybe it's not. MR. KANEALI`I-KLEINFELDER: Okay. Okay. The one that I. have says Kamana two times, yeah. CHR. KIMBALL: Yeah, we had a corrected exhibit submitted. Apologies for it not being in your packet. But yeah, thank you. We all noticed that. MR. KANEALI`I-KLEINFELDER: Okay. Thank you. I yield. MR. DARROW: We like that name, that's why. CHR. KIMBALL: Council Member Kierkiewicz. MS. KIERKIEWICZ: Thank you, Chair. Thank you to the applicants for being here and, you know, being willing to have conversations with Council Members. Just offline, I know that Council Member Kagiwada does have concerns, we all do, about representations made and then shifting course very dramatically, which is, you know, I'll just say we should really get away from presenting projects because we're not approving a particular project. When folks are coming for a rezone request we have to think is this the highest and best use of zoning and land use because all of the different permitted uses will be allowed for that zoning district. At the last hearing I had mentioned wanting to increase the coordination between Planning and Office of Housing and Community Development (OHCD). After going back and forth with our Clerk and LRB (Legislative Research Branch), it's Page 4 LAAC-13 August 5, 2025 not appropriate for us to direct Planning to send a copy of this ordinance to OHCD so that they're in the know. I don't want to go so far and be dramatic as to do a code update, Director, but I wonder if there is some kind of checklist either at Planning —probably at Planning because this is related to a rezone, that let's folks know you should go talk to Housing. If you're planning some kind of affordable project, that should be a box you check before you send the rezone application to your department and the Commission for their review just so that the dialogue has begun. Is that something that you would be willing to look into and implement as part of your practices? MR. DARROW: Thank you, Council Member Kierkiewicz. So just to kind of maybe speak generally about our current practice. We actually, whenever we receive a rezoning application that appears is going to trigger affordable housing, we request comments from Office of Housing. So that's the first step. Typically in engaging with the applicant we request that they go meet with Housing before We even are going further down the road just to make sure they're aware of what's going to be required. Typically we have a very close relationship with Housing. We're constantly communicating with them and more recently we've come into an understanding that one of the areas that we were lacking is having a copy of the affordable housing agreement once it was approved because that's one of the requirements before they do either final plan approval or final subdivision approval for us to be able to grant that approval, and many times we're kind of looking for it or chasing it. Housing has been very good. We've gotten into this system where they send us a copy, it goes in the file, we can automatically see that when we are reviewing for final approval whether it's plan approval or subdivision. So there has been a pretty strong coordination between our two departments at this point. If we can improve it in any way, I'm always open to approving it. MS. KIERKIEWICZ: Thank you, Director. And I just want to highlight that the strong collaboration that you speak to has only been achieved very recently. I've been on the Council where there's actually been an adversarial relationship between Planning and Housing. And so I have to think of all the different instances that we've experienced. And so again, if there are ways to just formalize and strengthen that coordination and that it's a publicly facing document, right, so that the expectation is set and understood by community it just protects us all. And I also think that it alleviates any frustration in the process like, "Oh, I never know I needed to go talk to that person." That's all. Thank you. Thanks for all of your hard work and for being open to this idea. Okay. Thanks, Chair. I yield. CHR. KIMBALL: Thank you, Council Member Kierkiewicz. Anyone else? Alright. Seeing none. Please let the record reflect that Council Member Inaba has joined us. All those in favor, please say "aye." Page 5 LAAC-13 Vote on Bill 67: (Approved) August 5, 2025 The motion to recommend passage of Bill 67 on first reading was carried by the following voice vote: Ayes: Committee Members Hustace, Inaba, Kagiwada, Kierkiewicz, Onishi, and Chair Kimball — 6. Noes: None. Absent: Committee Members Galimba, Kaneali`i- Kleinfelder, and Villegas — 3. Excused: None. CHR. KIMBALL: We can go onto the next item please. Thank you for being here. Thank you, Mr. Correa. Bill 73: AMENDS SECTION 25-8-33 (CITY OF HILO 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 - 15,000 SQUARE FEET (RS-15) TO SINGLE-FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS-10) AT WAIAKEA, SOUTH HILO, HAWAI`I, COVERED BY TAX MAP KEY: 2-4-011:153 (Applicant: Douglas and ShelleyUUyeda) (Area: 21,778 square feet) The Windward Planning Commission forwards its favorable recommendation for the requested change of zone, which would allow the applicant to subdivide the property into two lots and separate the two existing single-family dwellings currently on the property, enabling each dwelling to exist on its own lot. The property is located at 461 Kehaulani Street. Reference: Comm.407 Intr. by: Council Member Kimball (B/R) ;and Comm. 407.1: From Planning Director Jeffrey Darrow, dated July 16, 2025, transmitting a PowerPoint presentation for Bill 73. Motion to Approve: Mr. Inaba moved to recommend passage of Bill 73 on first reading. Seconded by Mr. Onishi. CHR. KIMBALL: We'll pass it over to Director Darrow to introduce this rezoning amendment. Thank you. (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 Page 6 LAAC-13 August 5, 2025 http://hawaiicoun ov.granicus.com. A copy of the PowerPoint presentation is made a part of the record, see Comm. 407.1.) CHR. KIMBALL: Thank you, Director Darrow. We also have the applicant available via Zoom, as well as their representative Mr. (Daryn) Arai. Going ahead to Mr. Onishi. MR. ONISHI: Thank you, Madam Chair. This is in my district. And as the Director had mentioned that this is already existing homes on the property so it's not going to be adding any more homes on it. And so I think it's for traffic wise and so forth I don't see any other problems, and I never received any comments about this proposal. So I'll just let the applicants maybe say a few words too if they would like to? CHR. KIMBALL: Would you please introduce yourself for the record and feel free to share some comments on your proposed rezone. (Note: At this time, Applicants Douglas and Shelley Uyeda came forward to address the members of the Committee.) MS. UYEDA: Yes. Doug and Shelley Uyeda. And you (Mr. Uyeda) want to share what we're doing? MR. UYEDA: What we're doing is we'd like to split the property in two in case in the future we decide to sell one. We'd like to sell to local people, so it becomes more affordable rather than an investor. And we have no plans to sell it, but we just thought we'd just do this now since we're both in our older years. MR. ONISHI: Thank you very much for that comment. So I'm just asking for your support. Thank you. CHR. KIMBALL: Thank you, Council Member Onishi. Council Member Inaba. MR. INABA: Thank you. Yes. Definitely in support. Very straightforward. Just want to make sure that you folks are aware of the five-year subdivision approval timeline and that you're agreeing to complete that subdivision within the five years? MS. UYEDA: Yes. MR. INABA: Perfect. Thank you so much. MR. UYEDA: Thank you. MR. INABA: Chair, I yield. Page 7 LAAC-13 August 5, 2025 CHR. KIMBALL: Thank you, Council Member Inaba. Anyone else? Council Member Kagiwada. MS. KAGIWADA: Yeah. I just want to lend my support as well. This is the kind of thing that's pretty much a no brainer. So happy to support this rezone yield. CHR. KIMBALL: Thank you, Council Member Kagiwada. MS. UYEDA: Thank you. MR. UYEDA: Thank you. CHR. KIMBALL: Alright. We do have an amendment that will be needed at the next meeting just for everybody's information. It came to me pretty late, but there is a stipulation in here that they would lose the ohana permit with the rezone. But we don't want that to happen until the subdivision has actually happened, so I'll be presenting that amendment at the next hearing just to make you folks aware. Alright, with that all those in favor please say "aye." Vote on Bill 73: The motion to recommend passage of Bill 73 on first (Approved) reading was carried by the following voice vote: Ayes: Committee Members Hustace, Inaba, Kagiwada, Kierkiewicz, Onishi, and Chair Kimball — 6. Noes: None. Absent: Committee Members Galimba, Kaneali`i- Kleinfelder, and Villegas — 3. Excused: None. CHR. KIMBALL: With that, we are at the end of our agenda. ADJOURN- There being no further business, Chair Kimball adjourned the meeting MENT: at 9:50 a.m. Approved: / Heather L. Kim ll, Chair (Date) Legislative Approvals and Acquisitions Committee HI/tk Page 8