The Legislative Committee convened to review three major agenda items concerning zoning amendments, time extensions, and conditional deletions for properties in South Kohala, North Kona, and the Kona area. The committee received public testimony, heard presentations from the Planning Department and applicants, and engaged in extensive deliberation regarding housing infrastructure, land stewardship, and the validity of affordable housing credits. All three bills were forwarded to the full Council with favorable recommendations, though with amendments and noted concerns regarding long-term community impact and infrastructure capacity.
Bill 119: Rezone Ordinance 02-93 (Oli South Kohala)
Bill 120: Rezone Ordinance 04-149 (Kalawa, North Kona)
Bill 121: Time Extension Ordinance (Kona Country Club Inc.)
Aloha and good morning after everyone. Welcome to the 18th session of the legislative committee on legislative approvals and acquisitions. Our apologies for starting a little late this morning. We are located here today in the Kona Chambers and connected by video conference to the Gilo Chambers. On our board today, we have Councilmember Kagiwata, Councilmember Houston, Councilmember O'Nishi, Chair Inaba, Councilmember Viegas, Councilmember Glimba, and Inhilo, Councilmember Kirkowitz, Councilmember Kanye Kleinfelder is excused, and I am your chair and provide presiding officer Heather Kimball. With that, we will go to statements from the public, Mr. Clerk. Thank you, Chair Kimball. I do understand we have a testifier for Bill 119. Is that the case? Please uh proceed with that testimony, Mr. Arcelli. Thank you so much, Mr. Clerk. Uh, we do have one Derek Fukumoto testifying on Bill 119. Derek had asked to testify immediately preceding the agenda item. And as we are going in order, this is your opportunity, Mr. Fukumoto. If you'd like to testify at this time, you can unmute, introduce yourself, and you'll have three minutes. Good morning. Council members. My name is Derek Fukumoto. Um I've been a neighbor for about 20 years to Clenn and Janet Lamb. Um to be clear, I'm not the neighbor that's on the other half of their five five-acre origin, original five acre that is also affected by this hearing. I'm a separate neighbor. Um they've been ideal neighbors, stewards of the land. Um, their intent of this amendment is to provide an additional dwelling for their son Carl to live on. With the limitations of issuance of water meters, this is a win-win for everyone, I feel. Um, housing will be provided, and by utilizing the catchment water system, they won't be taxing the water infrastructure. That is what I understand is the major concern here. Um, in my opinion, um they're following with the intent of the change in the rules that allow building permits without possessing separate water meters. Um in the earlier planning um commission um hearing, one of the planning commissioners mentioned the concern of the risk of fire hazards by adding an additional unit. Um, years ago, um, there was a fire from a 4th of July fireworks that scorched land around their home. Um ever since then, they've been diligently clearing brush and more so after the Lahaina fires. In fact, their actions motivated my wife to clear our land, and I I ended up uh loading and unloading green waste for months. Um if there's any concern that they might be abusing the variance, let me assure you that they are both of high integrity and credibility. Their intent has been to find a way that their son Carl be able to afford to live in Waimea, not to build a monster home with a 30 seconds, please. Please be rest assured of this. I fully support their appeal this morning and urge you to vote in favor of their requests. Thank you. Thank you so much for your testimony and chair with that. Those are all the testifiers you have at this time. Thank you very much, Mr. Arcelli. Mr. Clerk, if you could read in the first order of business. Bill 119 amends ordinance number 02-93, which amended section 25-8-7, North and South Kohala District Zone Map, Article 825 of the Hawaii County Code 1983 2016 edition as amended by change of district district classification from agricultural A58 to residential and agricultural RA2A at Oli South Kohala, Hawaii, covered by tax map key 62007 002, applicant Clemson and Janet Lamb, Area 5 Acres. The Lever Planet Commission forwards a fair recommendation for this requested amendment to condition D, which prohibits the construction of a second dwelling unit on the property. Properties located at 62-2039 Kawaii Road. Introduced by Councilmember Kimball by request.