HomeMy WebLinkAbout2024-11-15 James Y. Agena Testimony-GP 2045JAMES Y. AGENA
James Y. Agena, LLLC
a Hawaii limited liability law company
November 15, 2024
County of Hawaii
Leeward Planning Commission
Windward Planning Commission
101 Pauahi Street, Ste. 3
Hilo, HI 96720
Attorney At Law
Four Waterfront Plaza, Suite 430
500 Ala Moana Boulevard
Honolulu, Hawaii 96813
mailing address:
P.O. Box 27
Honolulu, HI 96810
Telephone (808) 532-9588
Email: jya@agenaesq.com
Via email to: LPCtestimonyghawaiicounty.gov; WPCtestimonyghawaiicounty.gov;
and U.S. Mail
Re: Hawaii County General Plan Comprehensive Review/
Notice of Proposed Change in Parcel Designation
TMK: 7-3-009:063, O'oma 2nd, Kaloko, North Kona, Hawaii
Dear Sir or Madam:
My office represents Kaloko Residential Park, LLC ("KRPL"), owner of property
described as TMK 7-3-009:063 ("Parcel 63"), 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 "Lanihau master plan." The Notice states that the reason for the
designation is the "Lanihau master plan." This reason is vague and ambiguous as KRPL has no
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
("Lanihau Properties"), 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's 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:
"To develop a mixed residential, commercial, resort, industrial and recreational community, with
approximately 8,000 or more residential units, in a functional, attractive, and financially viable manner.
The community will include appropriate shoreline uses, public facilities, and infrastructure."
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,
r
James Y. Agena
Attachments
C: Kaloko Residential Park LLC
County of Hawaii Planning Depaitnient 74-5044 Ane Keohokalole Highway,
Building E, 2nd Floor, Kailua-Kona, Hawai`i.
ATTACHMENT 1
730090170099
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10M 110311W 730510600000
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730090630000
I4Uni d1 NUL!
740080860000
740060050000
740001000000
7Uuiiu1UUU00
740010570000
74-0980770000
74008030 000
74L`10111S11111111
740080250050
740240120000
740210160001
74u21U1000uu
740200360000
740200070000
740080720000
740210040000
.'
sT3`
Parcel Information
Parcel Number
Location Address
Project Name
Property Class
Neighborhood Code
Legal Information
Land Area (acres)
Land Area (approximate sq ft)
View Map
Plat (TMK) Maps
Owner Information
730090630000
HINA LANI STREET
OOMA-KALOKO
AGRICULTURAL
Property Class refers to Tax Classification ONLY. For Zoning information, please go to
Planning Department GIS Public Lavers (hawaiicountv.govl or email planning@hawaiicountvgov
B7000-1
LOT B -1-B 46.869 AC
46.8690
2,041,614
Owner Names
KALOKO RESIDENTIAL PARK LLC Fee Owner, Tenants in Severalty
Assessment Information
Year Property Class
Market
Land
Value
2024 AGRICULTURAL
Land Information
Property Class
AGRICULTURAL
Dedicated
Use Value
Mailing Address
KALOKO RESIDENTIAL PARK LLC
500 ALA MOANA BLVD STE 4430
HONOLULU HI 968134933
J Show Historical Assessments
Assessed Market Assessed
Land Building Building
Value Value Value
Total
Market
Value
Total
Assessed
Value
Total
Exemption
Value
Total
Taxable
Value
$3,339,400 $0 $3,339,400
Square Footage
$0 $0 $3,339,400 $3,339,400
Acreage
$0 $3,339,400
Agricultural Use Indicator
2,041,614
Building Division Permit & Inspections Information
https://hawai icou ntyhi-energovpu b.tylerhost.net/Apps/SelfService#/home
Sales Information
Sale Instrument
Sale Date Amount #
10/19/2015 $39,248,467 57720814
Instrument Type
FEE
CONVEYANCE
46.869
Instrument Date Land Court Cert Conveyance
Description Recorded Document Number # Book/Page Tax
Deed 10/21/2015 392484.7
08/08/2012
$0 FEE Route Slip
CONVEYANCE
11/09/2009 $0 OTHER Mapping Change 11/09/2009
Current Tax Bill Information
Tax Period Description
2024-2 Real Property Tax 02/20/2025 $0.00 $0.00 $15,611.69 $0.00 $0.00 $0.00 $15,611.69
Tax Bill with Interest computed through 11/30/2024 $0.00 $0.00 $15,611.69 $0.00 $0.00 $0.00 $15,611.69
Document
Type
Deed
Route Slip
Mapping
Change
Original Taxes Tax Net
Due Date Assessment Credits Tax Penalty Interest Other Amount Due
Pay online at http://pavments.ehawaii.eov/propertvtax/hawaii
Other Payment Options Click Here
Historical Tax Information
Payments
Year Tax and Credits
Penalty Interest
Other
Amount
Due
+O 2024
D 2023
D 2022
+Q 2021
+O 2020
+O 2019
12018
12017
$31,223.39
$31,223.39
$31,223.39
$28,384.73
$22,991.65
$21,896.77
$21,259.10
$20,640.13
($15,611.70)
($31,223.39)
($31,223.39)
($28,384.73)
($22,991.65)
($21,896.77)
($21,259.10)
($20,640.13)
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$15,611.69
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Payments
Year Tax and Credits
Penalty
Amount
Interest Other Due
12016 $19,446.28 ($19,446.28) $0.00 $0.00 $0.00 $0.00
Cl 2015 $18,408.43 ($18,408.43) ($920.42) ($506.23) $0.00 $0.00
O 2014 $18,408.43 ($18,408.43) ($920.42) ($1,113.71) $0.00 $0.00
O 2013 $18,408.43 ($18,408.43) $0.00 $0.00 $0.00 $0.00
12012 $16,617.34 ($16,617.34) $0.00 $0.00 $0.00 $0.00
12011 $16,617.34 ($16,617.34) $0.00 $0.00 $0.00 $0.00
O 2010 $15,105.99 ($15,105.99) ($1,510.60) ($249.25) $0.00 $0.00
Map
730190250000
734)090630000
7305106000011
740080740000
740080610000
Recent Sales in Area
Sale date range:
From: 11/12/2021
Sales by Neighborhood
Distance:
To:
11/12/2024
Sales by Distance
No data available for the following modules: Condominium/Apartment Unit Information, Agricultural Assessment Information, Residential Improvement Information,
Commercial Improvement Information, Sketches, Other Building and Yard Improvements, Permit Information.
`-i SCHNEIDER
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data is subject to change.
1 User Privacy Policy 1 GDPR Privacy Notice
Last Data Upload: 11/12/2024, 6:12:03 AM
ATTACHMENT 2
CARLSMITH BALL LLP
A LIMITED LIABILITY LAW PARTNERSHIP
121 WAIANUENUE AVENUE
P.O. Box 686
Han, HAWAII 96721-0686
TELEPHONE 808 935 6644 FAx 808 935 7975
WWW.CARLSMITH.COM
SL.P 4@CARLSMIr%I.COM
November 12, 2019
VIA HAND -DELIVERY
Mr. Michael Yee, Planning Director
Attn: Ms. Bethany Morrison
Planning Department, County of Hawaii
101 Pauahi Street, Suite 3
Hilo, Hawaii 96720
?19 toll 1?
09
Re: Request for Planning Director -Initiated General Plan Amendment from Low
Density Urban and Conservation to Medium Density Urban for Tax Map Key
Nos.: (3) 7-3-009: 017, 025, 026, 028, and 063
Dear Mr. Yee and Ms. Morrison:
On behalf of our client Kaloko Residential Park LLC ("Kaloko"), the owner of the
above -referenced parcels, we are requesting Planning Director -initiated revisions to the Draft
2040 County of Hawai`i ("County") General Plan' (the "Draft General Plan") and the
proposed Future Land Use Designation Map (the "FLUM") for North Kona, dated August 2019.
Kaloko's requested revisions relate to its properties located in Kailua-Kona, District of
North Kona, County, and State of Hawaii, identified by Tax Map Key Nos.: (3) 7-3-009: 017
("Parcel 17"), 025 ("Parcel 25"), 026 ("Parcel 26"), 028 ("Parcel 28"), and 063 ("Parcel 63")
(collectively the "Property"). The Property consists of approximately 1,139 acres.
Kaloko intends to develop a mixed-use community village on the Property that integrates
diverse housing offerings, mixed-use commercial and retail growth and employment
opportunities, and a range of community services and facilities (inclusive of medical, lodging,
I In addition to the specific revisions requested herein, Kaloko joins in on the "Comments on 2019 Draft General
Plan" prepared by the Law Offices of Yeh & Moore, submitted with the Planning Department on or about October
31, 2019, which objects to the Draft General Plan in its present form, and requests that it be revised to conform to its
purpose, as set forth in HRS § 46-4 and the County's Charter. The Draft General Plan inappropriately contains
regulatory standards rather than policy statements, which will lead to, among other things, issues of interpretation
and challenge, issues of enforcement, and divesting agencies of their delegated authority to issue permits and
approvals under standards which allow for the exercise of discretion.
HONOLULU HILO
KONA
MAUI - Los ANGELES
Planning Director
November 12, 2019
Page 2
and civic uses as well as recreational opportunities) (the "Kaloko Residential Park"). The
Kaloko Residential Park is planned for residential uses ranging between 2,500 and 5,000 single
and multiple -family residential units, and for retail -commercial uses ranging between 400,000
and 600,000 square feet of gross leasable area. There may also be areas of residential -
commercial mixed uses. The Kaloko Residential Park is intended to be located on the entirety of
Parcels 17, 25, 26 and 63, and approximately 163 acres of Parcel 28, excluding the 150 -acre
Native Dryland Forest area (collectively the "Kaloko Residential Park Area").
As discussed herein, Kaloko requests that the Planning Director initiate revisions to the
Draft General Plan to modify the proposed designations for the Kaloko Residential Park Area
from "Low Density Urban" and "Conservation" to "Medium Density Urban," consistent with the
current Urban Expansion and Conservation designations under the Land Use Pattern Allocation
Guide ("LUPAG") map, the proposed Kaloko Residential Park, the adjacent lands as shown on
the FLUM, and the objectives and goals of the Draft General Plan in encouraging higher -density
urban development in areas not suitable for agricultural uses.2 See Exhibit 2 (LUPAG Map).
THE MEDIUM DENSITY URBAN DESIGNATION IS APPROPRIATE FOR
THE KALOKO RESIDENTIAL PARK AREAS
Draft General Plan and FL UM
According to the Draft General Plan, the "Low Density Urban" designation allows for
residential development with ancillary community and public uses, with an overall density of up
to six units per acre. The "Medium Density Urban" designation allows for "[v]illage and
neighborhood commercial and single-family and multiple family residential and related
functions" with seven to thirty-five units per acre. See Draft General Plan at 151. The Kaloko
Residential Park is projected to include single- and multi -family residential lots and units at a
variety of densities, most over ten units per acre, with centralized commercial and neighborhood
centers, potential residential -commercial mixed used areas and recreational facilities, all of
which would conform with the "Medium Density" designation under the Draft General Plan.
2 The Land Study Bureau land classification system classified the Property's soil with "unclassified, " "E," and "D"
ratings; Class E soils are considered "very poor" for agricultural production and are only marginally suitable for
agricultural uses whereas Class D soils are considered "poor" with a nominal 30-54% overall productivity rating.
3 Parcel 25 is located within the State Land Use ("SLU") Urban District and Agricultural District. Parcels 26, 28,
and 63 are presently located within the SLU Agricultural District whereas Parcel 17 is located within the SLU
Conservation District. The Kaloko Residential Park Area is currently zoned Agricultural, Minimum Lot Size 5
acres (A -5a), which allows for "very low density agriculturally -based residential use, encompassing rural areas of
good to marginal agricultural and grazing land," with the exception of Parcel 17 which is zoned Open. See County
Code § 25-5-70. The lands within the SLU Conservation and Agricultural require processing of a petition with the
State Land Use Commission for a SLU District Boundary Amendment to Urban, which Kaloko will process to be
followed by a County Project District Rezoning. Approximately 190 acres of Urban District lands within Parcel 25
were reclassified in the 1980's for golf use (this project was abandoned), and a Motion to Amend Conditions for this
area will be processed with the State Land Use Commission to conform the proposed development of these existing
Urban District lands with the proposed development of the Kaloko Residential Park project.
Planning Director
November 12, 2019
Page 3
The Urban section (Section 5 - Land Use Planning) of the Draft General Plan establishes
objectives, policies, and action plans related to urban areas. According to the Draft General
Plan, the main objective is to "[i]ncrease residential density within Urban areas to an average
density of 10 units per acre and increase the mixed use development pattern" with the goal being
to "[p]rovide adequate access for multi -family residential projects to arterial streets, shopping
facilities, schools, employment centers, and other services." See Draft General Plan at 122.
The master -planned Kaloko Residential Park would significantly advance the
aforementioned objectives, goals, and policies. First, the Kaloko Residential Park would address
the need for urban areas with a higher density in the North Kona area. The North Kona area is
appropriately seeing urban infill development and proposals, consistent with the 2008 Kona
Community Development Plan and the 2010 draft Kona Village Design Guidelines. Kaloko
Residential Park is strategically located at the intersections of the major regional lateral traffic
corridors of Queen Ka'ahumanu Highway and Ane Keohokalole Highway, and the mauka-makai
collector road of Hina Lani Street, between the town of Kailua-Kona and the Kona International
Airport. This rapidly developing area in the northern portion of the North Kona District and
proximate to the Kona International Airport at Keahole is proposed to become the residential,
commercial and industrial heart of West Hawai`i. The area has a long-standing and growing
residential base and will continue to be the focus of residential and related development as the
Island's population grows. Second, the Kaloko Residential Park would provide much needed
employment opportunities and recreational facilities to North Kona. In other words, the Kaloko
Residential Park is precisely the type of area that should be designated as "Medium Density
Urban" rather than "Low Density Urban" and "Conservation" on the FLUM.
LUPAG
The 2005 General Plan designation for the Kaloko Residential Park Area is "Urban
Expansion" on the LUPAG map. See Exhibit 2.4 The Urban Expansion Area "allows for a mix
of high density, medium density, low density, industrial, industrial -commercial and/or open
designations in areas where new settlements may be desirable, but where the specific settlement
pattern and mix of uses have not yet been determined. " Based on the aforementioned, the
"Medium Density Urban" designation for the entire Kaloko Residential Park Area (with the
exception of the proposed Conservation designation for the area of the Dryland Forest within a
portion of Parcel 28) is consistent with prior determinations by the Planning Director in the 2005
General Plan.
***
Should you have any questions, please feel free to contact me at 935-6644. Thank you
for your attention to this matter.
4 The 150 -acre Native Dryland Forest on Parcel 28 is designated "Conservation." This area is proposed to be
designated "Conservation" on the FLUM and Kaloko is intending to preserve this area as a Native Dryland Forest.
Planning Director
November 12, 2019
Page 4
Sincerely,
Steven S.C. Lim
Enclosures
xc with enclosures: Client
EXHIBIT 1
an Future Land Use Map
North Kona Distric
• Towns
Roads
--- Major
Minor
1 Ahupuaa Boundary
r1 Urban Growth Boundary
Urban Servke Area
Proposed Future Land Use
H,gh Density Urban
Medium Density urban
Low Dens ly Urban
R
Light Industnal
- Heavy Industria
® University
Pastoral
- Resort
- Productive Agriculture
Natural Area
1.111 Recreation
- Conservation
(3) 73.009:017
(3) 7-3409:063
3.009:026 �r `
/
0
0 0.5 t 2 3 4
Miles
LOKO RESIDENTIAL PARK
K(s) (3) 7-3.009017, 025, 026, 026 & 063
040 Draft General Plan Future Land Use Map
fight industrial
ow Density Urban
onservation
August 2019 Draft General Plan Futuro Land the Map subject. la rowamns ba-- fora adoption
373010033
EXHIBIT 2
ST
373007039 t'
373009008 \
(3) 7-3-009:026-- 51'3u`."(1'36
ti p37
373009007
w
(3) 7-3-009:017
(3) 7-3-009:025
373009019
KALOKO RESIDENTIAL PARK
TMK(s): (3) 7-3-009:017, 025, 026, 028 & 063
Current LUPAG Map
ind - Industrial
con - Conservation
ue - Urban Expansion