Committee on Zoning and Planning Meeting - August 22, 2025
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Committee on Zoning and Planning Meeting - August 22, 2025
The Committee on Zoning and Planning met on August 22, 2025, at 9:01 a.m. to consider four agenda items: Bill 33 (administrative enforcement of land use violations), Bill 51 (Fort Street Mall Special Improvement District), Resolution 25-207 (Special Management Area permit for the Cove redevelopment), and Resolution 25-236 (Lau Lima Affordable Rental Housing project). The meeting was chaired by Councilmember Kiaaina, with Vice Chair Waters and members Topola, Dos Santos Tam, Cordero, and Okimoto present.
Public Comments & Testimony
- Bill 33 (CD2): No public testimony was offered in person or remotely.
- Bill 51 (CD1): Seven testifiers spoke in support. Warren Wong (property manager, Caris organization, and current Fort Street Mall SID director) supported expanding the district to improve safety, cleanliness, and economic vitality. Ed Karipsky (executive director, Fort Street Mall BID) endorsed the bill for residential transition. Jason Regal (general manager, Executive Center) cited benefits for safety and cleanliness. Jamie Barboza (resident) described safety concerns and supported the bill. Mark Anthony Clemente (Hawaii Regional Council of Carpenters) strongly supported. Ben Duke Cheetra (Avalon Group) noted the assessment would be fully borne by commercial property owners with no cost to residents and a five-year term. Perry Arassmith (director of policy, Housing Hawaii East Future) supported for activating downtown. Additional remote testimony: Kendrick Chang (small landowner) supported, noting expansion would lower his fee. Tony Longcamp (business owner, Yifang Fruit Tea) supported, citing increased foot traffic. Angela Young (via CARES) expressed support but questioned whether businesses would be forced to pay; she attended a community event and found goals achievable.
- Resolution 25-207 (Cove SMA Permit): Five testifiers supported. Peter Ganabon (business manager, Laborers' Union Local 368) cited 870 construction jobs and 500 permanent jobs. Justin Tanoy (executive director, Operating Engineers) emphasized local jobs and economic impact. Trisha Taketa (carpenter) highlighted 800+ construction jobs. Mark Anthony Clemente (carpenters) reiterated jobs and $150 million in economic activity. Pane Meatoga (deputy political director, Operating Engineers Local 3) spoke of bringing locals back to Ko Olina and noted landowner’s transition support for current employees. Anna Tuyasu Sopo (operating engineers) supported, noting 70% of members live on the West Side. Remote testimony: Angela Young (via CARES) supported as long as SMA guidelines are followed.
- Resolution 25-236 (Lau Lima Affordable Housing): Three testifiers supported. Peter Ganabon (Laborers' Union) noted 750 units address housing shortage for workers. Mark Anthony Clemente (carpenters) supported. Anna Tuyasu Sopo (operating engineers) supported, noting union jobs will help local workers afford to stay. Remote testimony: Angela Young (via CARES) questioned developer rationale for higher AMI rents but supported the project.
Discussion Items
- Bill 33 (CD2) – Administrative Enforcement of LUO Violations: Chair Kiaaina introduced the CD2 version (OCS 2025-676) which deletes a requirement that the notice of violation include corrective actions and adds conforming amendments. Director of Planning and Permitting Don Takiuchi Apuna proposed a verbal amendment to add “or upon receipt of the notice of violation” to allow correction upon physical notice. No objections. The bill was amended to CD2 and recommended for third reading without opposition.
- Bill 51 (CD1) – Fort Street Mall Special Improvement District #2: Councilmember Dos Santos Tam explained the CD1 included community comments. Chris Fong (senior investment associate, Tradewin Capital) presented updates: two town halls held (August 12 and 14) with 25–40 attendees; no opposition was raised. He noted the timeline for implementation by July 2026 tax year. Councilmember Okimoto asked about attendance and demographics; Fong said a mix of businesses and residents. Councilmember Waters asked about increasing board size from 17 to 20 and including a first-year budget; Fong and Tam considered it reasonable. Waters also asked about bylaws and exempt parcels; Fong committed to follow-up. Managing Director Michael Formby stated the city supports the community-driven initiative and that Budget and Fiscal Services can collect assessments. The average assessment rate is $0.75 per $1,000 of property value, down from $0.95 for current members. The bill was amended to CD1 and reported out for second reading and public hearing.
- Resolution 25-207 (CD1) – Cove SMA Major Permit (Paradise Cove Redevelopment): Chair Kiaaina described the project: demolition of 23 buildings, retention of two chapels, construction of 11 buildings and four structures including an amphitheater, restaurants, retail, and cultural spaces. The hand-carried CD1 (OCS 2025-661) deletes conditions F1, F2, F4 from the posted CD1, replacing them with requirements for an archaeological monitoring plan and stop-work protocols. Matt Cares (James Campbell Company) presented: the project aims to create a Hawaiian gathering place with 500+ permanent jobs, $2 million in annual tax revenue, 85% open space, improved beach access, and free parking. Councilmember Topola inquired about outreach to Kailani (six meetings), Ko Olina Community Association (ongoing contribution), and job transition for current 210 employees (commitment to assist). Councilmember Okimoto asked about beach access and parking; Cares confirmed maintaining the public easement and 15 free stalls. Councilmember Waters asked about the comfort station (restrooms with showers). Director Takiuchi Apuna supported the CD1. The resolution was amended to CD1 and reported out for adoption.
- Resolution 25-236 (CD1) – Lau Lima Affordable Rental Housing Project: Chair Kiaaina explained the project is 750 affordable rental units (250 at 60% AMI, 500 at 120% AMI) on 17.3 acres in Kapolei West. She noted the controversy over Act 294 (2025) which limits council’s ability to modify exemptions, and that the hand-carried CD1 (OCS 2025-666) deletes a waiver of park dedication fees (exemption 12). Kip Shepherd (CEO, Lau Lima Affordable Housing) presented: the project is the first phase of a larger 2,370-unit master plan, will use union labor, and has secured $97 million in private equity. Councilmember Waters questioned rents: at 120% AMI, a three-bedroom could be up to $3,900; Shepherd acknowledged market rates are lower (90–105% AMI). Councilmember Topola noted the parcel’s lack of infrastructure and history of failed development, and offered to help apply for DERF grants to lower costs. Councilmember Dos Santos Tam asked about market rents; Jackson Shepherd (president) stated the project will charge 90–95% of AMI to lease up. Director of HHFDC Demon Akami Minakami explained that rents include utilities and are set by HUD; he confirmed the project received LIHTEC financing for the 70-unit senior phase (30–60% AMI). Councilmember Waters asked DPP and HHFDC about the 50% affordability requirement; both clarified that the 750 units are a separate increment from the larger master plan, and that the project meets the requirement since all units are affordable. Councilmember Cordero expressed reservations. The resolution was amended to CD1 and reported out for adoption with Councilmember Cordero’s reservations noted.
Key Outcomes
- Bill 33 (CD2) – Amended to CD2 with a verbal amendment; reported out for passage on third reading.
- Bill 51 (CD1) – Amended to CD1; reported out for second reading and scheduling of a public hearing.
- Resolution 25-207 (CD1) – Amended to CD1; reported out for adoption.
- Resolution 25-236 (CD1) – Amended to CD1 deleting exemption 12; reported out for adoption with Councilmember Cordero’s reservations.
Meeting Transcript
Aloha and good morning, everyone. It is Thursday, August 21st, 2025, and the time is now 901 a.m. With the Committee on Zoning and Planning meeting, please come to order. I would like to welcome committee members, Vice Chair Waters, Councilmember Topola, Councilmember Dos Santos TAM. I understand that Councilmembers Cordero and Okimoto will be coming in shortly. We have enough quorum to start timely. Welcome, Councilmember Okimoto. And that's critically important because otherwise the hearing is gonna be longer. A couple of months ago, we had a 20-minute start time, and we can't afford that. So I appreciate people coming on time. Although remote verbal testimony is being permitted, this is a regular in-person meeting and not a remote meeting by interactive conference technology under HRS section 92 3.7. Therefore, the meeting will continue notwithstanding loss of audiovisual communication with remote testifiers or loss of the public broadcast of the meeting. Members of the public will be allowed to provide verbal testimony on all items on the agenda when each item is taken up in two ways in person in the council chamber and remotely via via video conference or phone. Before testifying, each person shall state their name for the record. Each speaker will be limited to a one minute presentation per item. All persons who register to testify in person will be called one first. Persons who did not register will be given an opportunity to offer testimony after the registered testifiers. Once in-person testimony has concluded, I will proceed to the remote testifiers. When I call your name or the last three digits of your phone number, please follow the prompts to unmute. It's both the English and Hawaiian are official languages of the state of Hawaii. Pursuant to Article 15, Section 4 of the Hawaii State Constitution and Section 113 of the Hawaii Revised Statutes. Members of the public may testify in either language for verbal uh testimonies offered in Olelo, Hawaii. Additional time as may be necessary if we allowed for the testifier to provide an English translation of their testimony. Written testimonies, including the testifier's address, email address, and phone number, will be available to the public as described on the posted agenda. As a courtesy, please turn off or silence all cell phones for the duration of this meeting. Thank you. Moving to agenda item number one. Bill 33 2025 CD1. This bill amends the administrative enforcement provisions for violation of the standards and requirements of the land use ordinance. It was introduced by Council Chair Waters and would allow for the fiscal posting of a notice of violation or notice of order in a prominent location on the property as an alternative method for the Department of Planning and Permitting to serve the enforcement notice and provide the department with an additional tool to address violators who deliberately avoid or refuse to accept service of the enforcement notice. Members, we have distributed a proposed hand-carried CD2 version of the resolution. OCS 2025 676, which makes the following amendments. At the request of the Department of Planning and Permitting, it deletes ROH 21-2, 150-2DC D6, which would have required that the notice of violation include a statement of the actions that are necessary to correct the violation. It adds a new section to the bill to amend ROH 32-5.4 to make conforming amendments relating to references to renumbered ROH sections and section eight of the bill, which provides that the ordinance takes effect upon its approval. It adds that the amendments made to ROH 21-2, 150 to E in section two of the ordinance supersede the amendments made to ROH 21-2, 1502 E in Section 11 of Ordinance 25-2. Ordinance 25 2 updated the land use regulations in Article 5, the last land use ordinance and becomes effective on September 30th, 2025. So the amendments made to the administrative enforcement provisions in this ordinance will supersede the amendments made to the same ROH section in ordinance 25-2. Before I call up the administration, I would like to take uh public testimony. Unless Chair Waters, if did you want to talk about? Okay, thank you. Uh proceeding first with in-person testimony in the chamber. Do we have any in-person testifiers for this item? Chair, there are none. Is there anyone in the chamber who would like to testify? Please come to the podium and identify yourself. Seeing none, proceeding on with remote testimony. Clerks, do we have any remote testifiers for this item? Chair, there are none. Moving forward for the administration, we have uh Don Takiuchi Apuna, Director of Planning and Permitting. Thank you, Chair.
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