HomeMy WebLinkAbout2024-11-15 James Y. Agena Testimony-GP 2045
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James Y. Agena, LLLC
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a Hawaii limited liability law company
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November 15, 2024
County of Hawaii
Leeward Planning Commission
Windward Planning Commission
101 Pauahi Street, Ste. 3
Hilo, HI 96720
Via email to: LPCtestimony@hawaiicounty.gov; WPCtestimony@hawaiicounty.gov;
and U.S. Mail
Re: Hawaii County General Plan Comprehensive Review/
Notice of Proposed Change in Parcel Designation
nd
TMK: 7-3-009:063, Kaloko, North Kona, Hawaii
Dear Sir or Madam:
My office represents Kaloko Residential ParkRPL, owner of property
described as TMK 7-3- regarding the subject matter set forth in your
Notice dated October 10, 2024. KRPL respectfully objects to the proposed redesignation of
Parcel 63 from the existing LUPAG of Urban (expansion) to the proposed GPLU of
Conservation. Attached for reference is a map depicting Parcel 63 and surrounding properties,
and the County information as to Parcel 63 in general. Please consider the following:
The Designation Was An Error. Upon receipt of the Notice, KRPL (by Greg Ogin) was
placed in contact by Zendo Kern, Director, with April J. Surprenant, AICP, of the office of Long
Range Planning & Board of Appeals, Hawaii County Planning Department. It is our
understanding from contact with that office that the designation was made in error. Possibly a
GIS or mapping mistake that is in the process of being corrected.
KRPL is Not a Party to a The Notice states that the reason for the
prior notice of a Lanihau master plan, nor anything that would require the sudden designation of
its property. KRPL owns Parcel 63, and its 47 acres of previously designated Urban-expansion
that it is comprised of, not any other entity.
County of Hawaii
November 15, 2024
Page 2
If this designation involves Lanihau Properties LLC and some manner of plan it
proposes, then it is clear that it does not own, nor have an interest in Parcel 63. Nor is it known
what exactly are the reasons for the need to convert Parcel 63, to Conservation
zoning. It is unfair and impossible to rebut the designation without knowing the specific and
authorized reasons for it. 1
The adjacent property to the south of Parcel 63, is owned by Lanihau Properties LLC
, and designated as TMK No. 7-4-008:081. See attached map. In the
event this involves a development per a master plan proposed by Lanihau Properties, for its own
benefit, which includes the redesignation of Parcel 63, which Lanihau Properties obviously does
not own, it is obviously suspect and unjust. The Lanihau Properties plan needs to designate its
own property for Conservation purposes to fulfill whatever intent it might have.
The Designation Would Deprive KRPLof its Intended Use. KRPL intends to develop
Parcel 63, along with other of its properties in the vicinity, to create a compact, mixed-use,
master-planned community offering a wide range of housing types and affordability, and a
variety of businesses and employment opportunities. This includes providing housing for the
working families of Hawai'i nearby areas of workforce demand, resultantly improving overall
quality of life through the reduction of commuting and facilitation of everyday function.2 To
achieve this goal KRPL would seek a land use reclassification and zoning changes to permit
these uses.
A designation of Parcel 63 to Conservation would effectively prevent KRPL from
proceeding with the intended development. Further, the designation would preclude KRPL from
1 Conservation being: (1) protecting watersheds and water sources; (2) preserving scenic and historic
areas; (3) providing park lands, wilderness, and beach reserves; (4) conserving indigenous or endemic
plants, forestry, fish, and wildlife; (5) preventing floods and soil erosion; (6) retaining open space areas to
enhance the present or potential value of abutting or surrounding communities; (7) using areas of value
for recreational purpose, other related activities, and other permitted uses not detrimental to a multi-use
conservation concept.
2 The KRPL intended use of the property addresses the goals of the Keahole to Kailua Development
Plan, prepared by the County of Hawaii Planning Department, and adopted by resolution by the Hawaii
County Council in April 1991. The Development Plan is intended to serve as an implementing tool for the
County General Plan and be a flexible guide for the future growth and development of the area.
The Keahole to Kailua Development Plan encompasses an area of approximately 17,000 acres in the
North Kona District extending from the Kau ahupuaa to the north, Mamalahoa Highway to the east,
Palani Road and Kailua Village to the south, and the shoreline to the west. The overall goal established
for the Development Plan is as follows:
approximately 8,000 or more residential units, in a functional, attractive, and financially viable manner.
County of Hawaii
November 15, 2024
Page 3
realizing the economic benefit of the potential of the property, and have the effect of a
governmental taking of property without just compensation. KRPL has paid a substantial
amount of real property taxes in the past totaling approximately $250,000.00 based upon an
Agricultural classification, and an expectation that it would be permitted to use the property for
at least that purpose. Attached is the webpage from the County real property tax office
describing the assessed market land value of $3,339,400.00 and property taxes paid.
KRPL Has Protested in the Past to a Conservation Designation. The Draft 2040 County
of Hawaii General Plan had proposed that KRPL property, including Parcel 63, be designated as
Conservation or Low Density Urban. KRPL submitted an objection in November 2019, based
upon many of the same reasons made in this letter. The 2019 objection in the form of a letter
from its attorneys to the Planning Department is attached hereto, and incorporated herein by
reference. KRPL renews the arguments made in 2019, in connection with the currently proposed
designation.
KRPL reserves the right to supplement this letter with further documentation and/or
testimony.
Should you have any questions, please contact the undersigned.
Very Truly Yours,
James Y. Agena
Attachments
C: Kaloko Residential Park LLC
County of Hawaii Planning Department 74-5044 Ane Keohoklole Highway,
Building E, 2nd Floor, Kailua-