2026-10-20 - Legislative Approvals and Acquisitions Committee

02:20Are we ready really? I think it looks

02:22like we are.

02:25All right.

02:28Good afternoon everyone. Welcome to the

02:30Committee on Legislative Approvals and

02:32Acquisitions. The time is 12:00. Today

02:35we are located in the Kona Chambers. Uh

02:38Mr. Clerk, do we have any testifiers

02:41this morning?

02:42Or this afternoon?

02:50>> I apologize. Um

02:52>> Yep.

02:53Did I go too fast?

02:55>> No, that was No, that's on me. I was

02:56just trying to set up back here.

02:58Um

02:59Sorry, Chair. With that being said, we

03:01have no testifiers at your remote sites.

03:03We do have one testifier via Zoom, Mr.

03:06Dwight Vicente.

03:07>> Okay, before Go ahead.

03:11Before we have have Mr. Vicente, I

03:13realize I did not do roll call and I'll

03:15do that real quickly before we invite

03:16our testifier on. So, here we have

03:18Council Member Kagiwada, Council Member

03:20Hussey-Burkholder, Council Member

03:21Kirkwood, Council Member Inaba, Council

03:23Member Viegas, Council Member Kanuha,

03:24and other Council Member Kalani, and I

03:28and Council Member Onishi, and Council

03:30Member Kimball, Chair of this committee.

03:32All right, we can go ahead with the

03:33testimony. Thank you.

03:35>> Thank you so much, Madam Chair.

03:37With that, Dwight seems to have unmuted

03:39himself. He will be to providing

03:40testimony on Bill 205 and 206. Dwight,

03:43when you're ready to begin, please

03:44reintroduce yourself and you'll have 3

03:46minutes per agenda item. If you can

03:47clearly transition, if not, it'll be 3

03:49minutes total.

03:52>> Dwight Vicente, representing the

03:54Hawaiian

03:54>> Kingdom under 1840 const-

03:57constitution and the 1848 Mahele

04:01bill

04:03205

04:05in the planning commission.

04:08It appears that these lands were

04:11leased out.

04:13Not the ceded land.

04:15For the

04:18land commission and the

04:22land use commission

04:24being illegal cannot make changes to

04:26lands that was only leased out at the

04:28time.

04:29And this last lease was 1890 to 1920.

04:33So, the county has no jurisdiction to

04:36make any changes.

04:39So, 206.

04:41Here again,

04:43these lands

04:45is not the ceded land.

04:47So, the

04:48Winner Planning Commission has no

04:50jurisdiction to

04:53to

04:54change the

04:56to allow development on these lands.

04:59These are not

05:00These has ended in 18

05:031920. So,

05:05it cannot be leased

05:06used after that.

05:08It reverts back to the Hawaiian Kingdom.

05:11So, the um

05:13Winner Planning Commission, the Land Use

05:15Commission has no jurisdiction.

05:18Therefore, the county has no

05:19jurisdiction including the planning

05:21commission

05:22and the real property tax office has no

05:24jurisdiction.

05:26So, these lands are still within the

05:28jurisdiction of the Hawaiian Kingdom.

05:30Therefore, they are leased lands.

05:32Cannot be

05:34developed.

05:36With that, I'll reserve the rights of

05:37this kingdom under the Queen's protest

05:39of January 17, 1893.

05:42It is yet to go to the US Supreme Court

05:44Article 3 Section 2 Clause 2.

05:48Thank you.

05:50>> Thank you for your testimony and with

05:52that chair, those are all the testifiers

05:53you have for your meeting.

05:55>> Thank you very much, Mr. Clerk. Mr.

05:57Clerk, would you please read in

05:58communication 205 or bill 205?

06:02>> Bill 205 amends ordinance number 92-122,

06:06which amended section 25-114 City of

06:08Hilo zoning map article 3 chapter 25 of

06:11the Hawaii County code by changing

06:13district classification of resort hotel

06:15safety to limited industrial at Waiakea,

06:18South Hilo, Hawaii covered by tax map

06:20keys 2-2-0-3-3-0-1-1,

06:221-2, 1-9, and 2-0. Applicant Talon 1

06:25properties area 2.57 acres.

06:27When Planning Commission forwards a

06:29favorable recommendation for the

06:30requested changes on amendment for a

06:325-year time extension to condition C,

06:33final plan approval, and condition D,

06:35complete construction to allow that for

06:37the development of a three-story

06:39self-storage warehouse. Property's

06:40located at 525 P. Lanai Street. It's

06:43introduced by Council Member Kim by

06:44request communication 1126.1

06:47from Planning Director Jeffrey W. Darrow

06:49dated September 30, 2020 transmitting a

06:52PowerPoint presentation for bill 205.

06:56>> Chair, motion to forward bill 205 to the

06:58council with a favorable recommendation.

07:01>> Motion by Council Member Clerk, with

07:02second by Council Member Onishi to

07:04forward bill 205 to council with a

07:05favorable recommendation. We'll start

07:07with you, Director Darrow, if you'd like

07:09to give us the presentation on this

07:10item.

07:12>> Aloha, Chair Kim, Vice Chair Galimba,

07:15members of the Hawaii County Council. Um

07:19Jeff Darrow with the Planning

07:20Department. Uh we do have a presentation

07:23for you for this application.

07:25It does reference uh two applications.

07:29Uh sometimes we'll have situations where

07:32an a application that will go to council

07:36for approval will also be

07:39uh

07:40subsequently attached to a use permit or

07:43an SMA permit as in this case. Uh this

07:48uh is located within the SMA, so there

07:50was also a special management area use

07:54permit uh that received approval from

07:56the Windward Planning Commission. So as

07:59I go through the presentation, I will be

08:02um also providing information for both.

08:06Uh our applicant is Talon One Properties

08:08LLC. They're requesting an amendment to

08:11change of zone ordinance number 92-122.

08:17The area of the application and request

08:21is within the South Hilo district. More

08:23specifically, we are looking at the red

08:26star identified in the map, which is in

08:29the area of the Waiakea house lots. More

08:33specifically, really close to uh

08:36Freddy's that you might be familiar

08:38with, Manono Mini Mart, um and also the

08:41proposed uh Hilo Skate Park area and

08:45Civic Center.

08:50The applicant is requesting approval to

08:52obtain an amendment to change of zone

08:55ordinance number 92-122.

08:59Uh ordinance

09:01number 92-122

09:03reclassified the 2.57 acre parcel from

09:07resort hotel uh 7,500

09:10square feet V 7.75

09:14to a limited industrial 20,000 square

09:17feet ML-20 zoning district.

09:21They're requesting a 5-year time

09:23extension to comply with condition C,

09:26which is for final plan approval.

09:30Final plan approval was required by

09:32October 24th, 1995,

09:361 year after final consolidation

09:39approval. They're also requesting a

09:425-year time extension to condition D,

09:46complete construction. Construction was

09:48required to commence within 1 year after

09:52final plan approval and be completed

09:54within 2 years thereafter.

09:592018 amendment. Uh the former owner P

10:03Ilani Partners LLC requested a 5-year

10:06extension to condition C and D for a

10:10proposed potable water well and

10:13commercial bottling facility. On

10:16December 6th, 2018,

10:19the Windward Planning Commission

10:21recommended approval. However, the

10:23County Council did not approve the

10:25requested amendment time extension.

10:28Therefore, conditions C and D remain

10:31unchanged and the original deadlines

10:34were not extended.

10:36The objective is to retain the ML-20

10:39zoning designation

10:41to develop a three-story self-storage

10:44facility, which requires the ML-20

10:47zoning designation to accommodate this

10:50use.

10:52They're requesting

10:54uh approval to develop and operate a

10:56self-storage

10:58warehouse. Uh project details

11:01uh include to construct a three-story

11:04self-storage warehouse containing

11:06approximately 93,603

11:10square feet of enclosed floor area,

11:1331,201

11:15square feet per floor,

11:18and two covered porte cocheres totaling

11:214,920

11:23square feet for a total of 98,

11:27uh 523

11:29square feet of covered area.

11:31This includes 264

11:34individual storage units, 88 units per

11:37floor. It includes restrooms and

11:40elevators.

11:41Additional work includes the

11:43construction of paved areas for access,

11:4628 parking stalls, 7 12-ft by 50-ft

11:51loading zones, landscaping drainage and

11:54drainage improvements.

11:56Access will be from P Lonnie Street and

11:59Mililani Street

12:01new extension constructed by the

12:03applicant.

12:04They will connect to sewer uh county

12:07sewer and county water.

12:10The building height is 41 ft 8 in below

12:13the 45-ft zoning threshold.

12:18This is a

12:20uh map of our county zoning within the

12:23area.

12:24Uh the subject property is outlined with

12:27a black dotted um

12:30dash line on the corner of P Lonnie

12:33Street and Mililani Street. Uh it is

12:37identified in a gray color which

12:39identifies the ML-20 zoning.

12:43Uh the purple zoning that surrounds it

12:45or pinkish purple is resort 0.75.

12:50The green is open zoning and the red is

12:56general commercial 7,500

12:59sq ft.

13:00This is our state land use designation

13:03map. It identifies the subject property

13:07and immediate areas in the urban

13:09district. The blue conservation is

13:12identifying uh the Wailua River river

13:15area.

13:17Uh these are the um general plan land

13:21use maps from 2045

13:24as well as 2005.

13:27The 2045 land use map on the left side

13:31identifies the subject property as

13:33industrial as well as the 2005

13:38land use pattern allocation guide map.

13:42This is the subdivision map identifying

13:46the subject property and its location.

13:50And this is an aerial photograph of the

13:52project area.

13:56These are some site plans. This is the

13:59ground floor and parking.

14:02We also have some elevations.

14:05These show the different elevations

14:08from north, south, east, and west.

14:11This is a 3D rendering of the building.

14:17And these are some site photos. It has

14:19been recently

14:21um

14:22uh grubbed and just grubbed. Uh-huh.

14:26There's been overgrowth and they cleaned

14:29it up.

14:30Um my understanding too, there was some

14:32trash that was

14:34left on the property and they've cleaned

14:36up

14:37the trash that was on the property.

14:40Uh here's another site photo from P

14:43Lonnie Street with the subject property

14:45on the right.

14:47And this is again on P Lonnie and Milo

14:50Lonnie Street with the subject property

14:53on the left.

14:56Uh the planning director's

14:58recommendation to the Windward Planning

15:01Commission was to provide a favorable

15:03recommendation with conditions

15:06requesting that they forward a favorable

15:09recommendation to the county council

15:12for the proposed amendments and the use

15:14permit.

15:16Uh the Planning Commission at its

15:18September 3rd, 2026 meeting uh

15:22voted to forward a favorable

15:25recommendation on the request to the

15:28county council based on the planning

15:31director's recommendation.

15:33That concludes our presentation. Thank

15:36you.

15:37>> Thank you, Director. Um any comments

15:40from the applicant or their

15:42representative?

15:44Not sure if we have them here.

15:48Right, seeing none. Uh uh Councilmember

15:50Connie Lee Klinfelter?

15:51>> Uh applicants are here.

15:54Okay. Thank you for being here.

15:59>> Councilmember Kagiwada?

16:00>> Thank you.

16:01Um

16:02I believe this is in District 2,

16:05the district that I represent.

16:07Um

16:09where did the planning director go? Mr.

16:12Darrow, can you come back, please?

16:15Um

16:17with your recommendation for a favorable

16:22ruling on this, I'm just wondering, can

16:24you explain a little to me when I look

16:26at several of these maps,

16:28this particular

16:32re-zone looks out of place with what's

16:34around it. It looks very similar to

16:37um what's on the other side of

16:40the

16:41Ahu'ena Auditorium, um as far as

16:45industrial

16:47um

16:48and on these other the GP map uh 2045

16:53and the LUPAG map also seems kind of out

16:57of place compared to what's around it.

16:59So, can you explain to me what your

17:01thinking is on why you recommended

17:05favorably for this?

17:07>> Sure, this property has uh originally

17:10was

17:11proposed for Sui San. Uh I'm sure the

17:15background information provides some

17:18history on this. Um

17:20things didn't work out back then. There

17:23was a resolution

17:25that they considered

17:27this change to the general plan and in

17:30July of 1991,

17:33the general plan was amended to allow

17:37for this in change to industrial

17:42for that proposed project. Since then,

17:46it basically

17:48sat for a period of time until the new

17:51owners came forward to propose a

17:54particular type of operation which did

17:58not pass.

17:59The new owners are proposing a project

18:04and there hasn't been any

18:07you know, up to this point even though

18:11this is seems out of the ordinary there

18:15hasn't been any concern from both the

18:18community and planning regarding the

18:21actual

18:23zoning.

18:25There was concerns about the proposed

18:27project previously. This one seems to

18:31fit as far as what the proposal is.

18:35Self-storage facilities um

18:38are a unique type of use because right

18:41now they're only allowed in industrial

18:44type zonings.

18:46Which

18:47in our current

18:49zoning code update that we're working

18:51on, we're looking at expanding that type

18:54of use in some commercial districts

18:58because it's relatively a low impact

19:01type of use. They put up a building,

19:04people come and they store stuff in that

19:07building.

19:09There's

19:10I mean, there's not a lot of traffic. Uh

19:12we actually don't require a lot of

19:15parking stalls for these particular

19:18uh type of operations. But again, in the

19:21past, there hasn't been um any type of

19:26you know, um

19:29outcry saying, "We want this changed

19:31back to medium density." Uh or

19:35um to change it to the high density.

19:37Even in the general plan 2045

19:41update,

19:43we felt it was still

19:46uh a good uh consistent use to consider

19:51um a type of use that would be approved

19:54through council once it went through an

19:56amendment process.

19:58Uh we did feel this was

20:01um would fit

20:03pretty well in this particular area. You

20:06have the skate park coming in next door.

20:08Um you have businesses across the

20:11street. Um and again, it's a relatively

20:14low-impact type use.

20:18>> Okay.

20:19Um I also know that there

20:22This is one of the areas,

20:24at least in District 2 that I'm aware

20:27of, that is

20:28um

20:30Well, they've already cleared it, you

20:32said, right?

20:34>> It It's been grubbed. They were

20:37uh My understanding and the applicants

20:39can confirm this. There was homeless,

20:42there was trash, there was dumping going

20:45on till they went in and cleaned it up.

20:48>> Okay. So, my understanding, this is an

20:50area that's also got a lot of the um cat

20:54issues

20:56um

20:58in it.

21:00And I'm wondering

21:03I guess my question is

21:05has the applicant

21:07experienced that when they cleaned up?

21:10Um I think this is a heavily because

21:13it's kind of near the Wailua Park and

21:16then it's got all the um I think that's

21:18Kamehameha Schools maybe that owns that

21:20property in between this property and

21:22Wailua Park.

21:24Um

21:25it's very heavily forested that has a

21:27lot of

21:28the stray cat issues.

21:32>> I I'm sorry. I'm I'm not familiar with

21:34any of that.

21:35>> Okay. Can I ask the applicant the

21:37applicant's here? Yeah, or

21:39you're

21:39>> You have to come.

21:40>> Hi.

21:41Um

21:50Wait wait wait wait till you get to the

21:51mic, please. Turn the mic on by pressing

21:53the green button

21:55and then introduce yourself. Thank you.

21:59>> Yeah, my name is uh Bob Garrett. Um

22:01we're with uh Towne One Properties.

22:03We're developing the property. Um the

22:06only thing that we've ever or animals

22:08we've ever seen are the wild pigs, the

22:10black ones.

22:11You know, they'll come across, you know,

22:12like transitory.

22:14Um that's the only time I've never seen

22:15cats here, but but I have seen animals.

22:17I've seen some wild pigs.

22:18>> Okay.

22:19>> And and uh

22:21obviously we don't want to damage or

22:22hurt any animals, you know, or

22:24>> Okay.

22:25>> It's important.

22:26>> Okay.

22:27Um

22:28all right. So, you're asking for a time

22:31extension

22:33to do the work. That's correct?

22:35>> Yeah, yes.

22:36>> So, I just um Director

22:39I guess I don't quite understand this.

22:41The original time was from October 24th,

22:451995.

22:48Right? And so they're ask asking for a

22:50five-year time extension, but the

22:52five-year time extension starts when

22:54this goes through. Correct?

22:57>> Correct.

22:58>> So, it's

22:59really a

23:0230-year time extension, 35-year time in

23:05some ways. Okay, that the last time

23:08extension was denied, correct?

23:12>> It was denied in 2018.

23:15>> Yeah, okay.

23:16>> Oh, can I add something?

23:18Oh, so we in resolution number 151-90,

23:21this was done back in 1981. The Hawaii

23:24County Council believed that the general

23:26plan should not be encouraged

23:27residential development to occur so

23:29close to Wailua River Estuary and the

23:31tsunami safety zone.

23:33Um that was an issue. So that's why they

23:35felt that um the white council further

23:38believes that light industrial

23:39activities would be more appropriate

23:41uses of the property identified above.

23:43That was So they felt that um the idea

23:46of having residential was not

23:47appropriate there, you know,

23:49for you know, obviously on the small

23:51chance there'd be a tsunami, you know,

23:53hopefully not.

23:53>> Right. I It wasn't residential, it was

23:56resort.

23:57>> Um

23:58you know, I'm sorry.

24:00>> It was resort, right? Um

24:02but in the current GP you have not

24:07Let me see. Bring it back to that. What

24:09is the yellow in the GP map 2020 45

24:11represent?

24:13>> It's

24:14this particular um

24:17shade of it it's like an orangeish

24:20yellow that's uh medium density urban

24:23which is more for like commercial type

24:26uses.

24:27>> Okay.

24:29But you still think it's appropriate to

24:30have in the middle of recreation and

24:33medium density urban and high density

24:37urban uh right in the middle of all that

24:40one property that's

24:42um

24:44so this

24:46current way

24:48that's kind of stands out.

24:51All right, but is there is there there's

24:53no plan to um extend this out into this

24:57area, right?

24:59I mean, according to this GP map 20

25:012045.

25:02>> Every so often, not often, but every so

25:06often, you you have a general plan

25:09amendment that comes in that's for a

25:12specific project. It it doesn't work

25:16um, in the current general plan, so the

25:18applicants are instructed that if they

25:21want to move forward with a particular

25:23project, they need to come in for an

25:25amendment to the general plan first.

25:28Um, as mentioned, there's very few that

25:30have happened. One that's well known is

25:32Big Island Candies.

25:34That came in for a general plan

25:36amendment. It's similar. Uh, it had high

25:39density urban around medium density

25:43urban uh, type uses, but it was specific

25:46to the property. Uh, same with this

25:49particular request.

25:52>> Okay.

25:53Um, I'd love the opportunity to just

25:57reach out to the community because I

25:59haven't heard anything about this really

26:01before

26:03this meeting.

26:04Um,

26:06so, yeah. I I just like the opportunity

26:08to reach out to

26:10my constituents in that general area.

26:15>> If I could, when

26:17um,

26:18you know, we went through the same

26:20process back in 2018 with P. Laney

26:23Partners. There was tremendous

26:26opposition, right? Um, when this one

26:29went through its process, it seemed that

26:33the concerns that were driving the

26:36opposition previously were not part of

26:39this particular application. So, we

26:43didn't I I don't think we got

26:46uh,

26:47any opposition on this. It was

26:49relatively quiet going through the

26:52process.

26:52>> Okay, can you just so that I can make

26:55sure that my constituents know, can you

26:57just tell me what it was you did for

26:59outreach

27:00to people in the area?

27:02>> I'm sorry.

27:03>> What was the notification and outreach

27:05to the

27:05>> It would have been 300 ft.

27:07>> Okay.

27:09But there's a lot not built there. So

27:11they're really there's only one side

27:14there that has tenants, right? And

27:16people

27:17>> Right, but it it goes through

27:19notification through our typical

27:22publications in the papers on our

27:24website.

27:25Um, those similar. Uh, typically

27:29will I mean,

27:31um

27:31the opposition that happened before was

27:34definitely not

27:36uh, from the local. It would it went

27:39way beyond um, the 300 ft notification.

27:44There was

27:45testimony coming in from

27:48all parts of the island and state.

27:51>> Yeah. Okay.

27:53All right, thank you. I yield.

27:56>> Thank you, council member. I believe it

27:58was council member Kaniele Clainfielder

28:00that had his light on next.

28:02>> I went already.

28:03>> You went already. Okay, yes you did,

28:05that's right.

28:06Council member Breese, yes.

28:07>> Thanks, chair.

28:08Thanks, director. And sorry, your name

28:09again?

28:10>> Oh, my Bob Garrett.

28:11>> Bob Garrett.

28:12>> Yes, sir.

28:12>> Thank you, Mr. Garrett.

28:14Just a question on

28:16one of the conditions

28:18on the project details, excuse me.

28:21Access will be from P.E. Lani Street and

28:23Melelani Street with a new extension of

28:26Melelani Street.

28:28Will the extension carry to the end of

28:30the property boundary on the northwest

28:33corner?

28:42It shows in the subdivision map

28:45that Melelani Street runs to north. This

28:47is on its side here, but it runs north

28:48to future street called Vehilani Street.

28:52Is that also conditioned to be part of

28:55the the work? Or is it just the

28:57extension of Mililani to the northwest

28:59corner?

28:59>> Oh, the extension Mililani.

29:01>> Yes, sir.

29:01>> Just an ending there at the northwest

29:04corner of the property.

29:04>> Oh, yeah. And also Miss

29:07Kagiwada brought some good points. We're

29:09going to try to complement the

29:10skateboard park big time. And so we're

29:12going to be, you know, if they

29:13[clears throat]

29:14come to say, "Hey, we like some lighting

29:15or some issues like we're definitely

29:17going to work with them." That that we

29:18want to be kind of like cocoon them and

29:20that's been brought up that we'll

29:22provide safety and security for that

29:23skateboard park also, but sorry.

29:26>> Oh, okay. Thanks, Mr. Garrett.

29:28Appreciate that additional information.

29:29I just just curious on on the road piece

29:32itself. This is Director Darice, this

29:33conditioned as part of the development

29:35of that lot itself.

29:37>> Yes, yes, sir.

29:39>> Just just the end at the north side of

29:42the property.

29:43>> Correct. [clears throat] So, the you

29:44know, the way the condition is worded,

29:46it says the applicant shall improve the

29:49unimproved portion of Mililani Street

29:52fronting or immediately adjacent to the

29:55subject property in a manner meeting

29:58with the approval of Department of

30:00Public Works. That would be the entire

30:02length of the property.

30:04>> Just that west boundary. Okay. And then

30:07that to dedicable standards of the

30:09county then?

30:11With with sidewalks in that stretch?

30:14>> It It doesn't say that, but typically

30:16that's what it's going to require when

30:18it says meeting with the approval of

30:21Department of Public Works.

30:23>> But they've accepted roads in

30:25variety of different conditions, so

30:29>> Yeah, we want to look nice. We'll put

30:30sidewalks right there.

30:32>> Yeah, I mean, dedicable standards

30:34requires curb gutters, sidewalks, and

30:36they have to meet whatever width

30:39is required for dedicable standards.

30:41>> Does that need to be spelled out though

30:43then in the future?

30:44>> isn't.

30:45Um

30:49I can

30:50uh look back as to what was

30:54uh asked for in the um

30:57condition in the uh comment letter.

31:00Uh they might have just mirrored the

31:02comment letter. So, let me take a look

31:04at that and I will uh respond back.

31:08>> Thank you, Director. Thank you, Chair.

31:11>> Thank you. Anyone else?

31:14All right. Seeing none.

31:15>> Excuse me, Chair. One one quick thing.

31:17>> Okay, go ahead.

31:18>> Thank you. Uh to the applicant. Um is

31:20this property, I can't really tell, is

31:21it going to be fenced?

31:23>> Uh I'm sorry, what was that?

31:24>> Is the property going to be fenced?

31:26>> Yeah.

31:26>> Yeah. Okay. Thank you.

31:28>> Oh, you're welcome.

31:29>> I'll I'll I'll just say that I you know,

31:30I'm willing to um move this along and

31:33use this next little couple weeks to to

31:36reach out to the community um during

31:38that time and hopefully uh as you say,

31:41no no issues.

31:43We'll be back here and keep it moving,

31:45okay?

31:46Thank you, I hope.

31:56>> Uh I just

31:58to the point about the cats, if there is

31:59cats on your property, it's private

32:01property.

32:02We do have rules about county property,

32:05but

32:06that really is your Ku'u Leiana, what

32:08you do on your private property.

32:10And then thinking about the general

32:13scape of

32:15the industrial area, there's one

32:18Ku'uala.

32:20Right? And then there's another one

32:22on Kolani Koa, I think, self storage.

32:26So, to me this fits into what we're

32:28doing. We do have the skate park next

32:29door.

32:30So, I was glad to hear um you answer Mr.

32:32Hughes' comments

32:34regarding that cuz you are going to have

32:36a

32:37>> [clears throat]

32:38>> recreational area next door to your

32:40facility at some point.

32:42Might be a

32:43>> [clears throat]

32:43>> a nice thought to put in

32:45like a shaved ice storefront.

32:48I'm just thinking out loud, you know.

32:50I know, but but but

32:52there are going to be a lot of kids and

32:54families there. So, something that's a

32:55little bit more friendly than just a big

32:57steel wall would be

32:59would be nice.

33:00>> I agree.

33:01>> When you're thinking down the line, so

33:04thank you for being up front what you're

33:05doing and I appreciate uh you kind of

33:07taking our comments to heart. Thank you.

33:12>> Councilmember Krikwitz. Thank you. Um

33:16I appreciate

33:17the applicants coming forward and trying

33:19to figure out what to do with this

33:20property um because formal action wasn't

33:23taken by previous applicants. In my

33:26mind, the property zoning was actually

33:28stale. So, we we need to move this

33:31forward so that something can occur,

33:33something productive.

33:34I just want to remind my colleagues that

33:36even though a project has been presented

33:39as in the intention of the applicant is

33:40to do a storage facility.

33:43By approving this um ordinance, we would

33:46be allowing all of the uses that are

33:48articulated in this particular zoning.

33:51So, in addition to a storage facility,

33:54if they would like to do a bakery or an

33:56animal hospital, there are

33:59a list of options that they are entitled

34:02to doing. So, I just I want to make sure

34:04that folks are clear because

34:06I don't know why, but the planning

34:08department has gotten to the habit of

34:10presenting the projects.

34:13And I think it's disingenuous because

34:15we're not

34:16approving a project. We are approving

34:19whether or not a particular zoning is

34:21appropriate for this location. I happen

34:23to think this is agreeable to the

34:25surrounding community, so I will be in

34:27support of it. I just wanted to make

34:28sure that folks remember what we're

34:30voting on. Thank you, Chair, for the

34:31latitude.

34:33>> Thank you, uh

34:35Director.

34:36>> Thank you, Chair. Uh

34:38Councilmember Hustace, so in Planning

34:42Department Exhibit 8,

34:45uh

34:45the Department of Public Works was very

34:48um

34:50uh

34:51direct as to the improvements to Pii

34:53Lani Street, but when it came to the

34:56improvements of Mehe Lani Street, they

34:58were not direct. So, we ended up putting

35:01in a condition that was a little bit

35:04more concrete, requiring the applicant

35:07to construct that portion. Um they just

35:11said that at some time in the future the

35:14applicant should improve Mehe Lani

35:17Street without any direction in regards

35:20to they This is, in their opinion or

35:24their comment, a paper road. And so, by

35:27improving it, it's just going to help

35:29the that particular road in the future.

35:33Um they will still need to meet their

35:35standards, and so

35:38um typically that's curb, gutter,

35:40sidewalk, and detectable standards. Uh

35:43if I could also just mention, typically

35:46you're absolutely correct, uh

35:48Councilmember Kirkwood. Um in this

35:51particular case,

35:52um as mentioned, this this particular

35:55application is also in the SMA, and so

36:00with the amendment to the rezoning, they

36:03had to submit an SMA permit, which had

36:07to be very specific as to the request.

36:10And so, that's why this is all bundled

36:12together with a specific request.

36:16Thank you.

36:20>> Director, if you could expand on that

36:22because I do think it's important just

36:24as a refresher

36:26that with the say we were to approve

36:30205.

36:32Um, there is the the SMA

36:35um,

36:36limiting it to the particular storage

36:39usage, but

36:42could another SMA be sought for one of

36:45the other uses that is permitted under

36:47the zoning?

36:48>> They could. It would have to go back. I

36:51mean

36:52typically they any type of uh,

36:55commercial industrial development

36:57triggers an SMA major permit and it

37:00would need to go through public hearing

37:02and then be approved by the planning

37:04commission. It wouldn't come back to the

37:07county council though.

37:09>> All right. So, you know, your point is

37:10still well made that we are in essence

37:13approving

37:14all of the uses within the industrial

37:16zoning with this ordinance or the

37:18extension thereof. Um

37:21the the SMA does constrain it, but

37:23another SMA could be sought for another

37:25activity at another point in time. So,

37:27thank you for raising that. Um

37:30Okay, any other questions? I I just um,

37:34you know, also looking at the area there

37:35is another

37:37um, storage space in the vicinity um, as

37:40far as industrial uses go. Oh, council

37:42member Viegas, I've got to defer to you

37:44and then I'll finish my comments.

37:46>> Sure. I apologize for my late um,

37:49push of the button.

37:51Uh, thank you for the clarification of

37:52this because it's

37:55been a concern of mine historically that

37:57we do a zoning change and there's

37:59nothing that legally binds a project to

38:03have to be built once the zoning is

38:05changed. Um I guess my specific question

38:09is

38:10if this zoning change is approved, is it

38:14possible for a water bottling facility

38:17to be

38:19built instead and to go back and do that

38:22SMA?

38:25>> It could, but

38:27with what happened at the last request

38:31for a bottle water bottling facility on

38:33this property, I would say it's

38:35extremely unlikely. There was tremendous

38:39amount of opposition for that particular

38:42use in this location.

38:44But again, somebody could actually apply

38:47for that.

38:48>> Okay.

38:50Sir, are you at all affiliated or

38:52associated with the company that had had

38:55the intention of creating a water

38:57bottling facility there?

38:59>> We we looked at that, yeah.

39:01Um

39:02we were going to uh set up an ESOP where

39:05everybody would have been part owner

39:07and after certain time, we figured 10

39:09years would all go to the owner all go

39:10to the employees. It was a really cool

39:11thing. It was like a give back.

39:13But then unfortunately, the community

39:14didn't see that was a good idea and

39:16that's fine.

39:17Um

39:18>> I'm sorry, can you just lean a little

39:19more forward to the microphone? There we

39:21go.

39:22>> I think she was asking if you were

39:23affiliated with P.E. Laney Partners.

39:25>> Oh, definitely not P.E. Laney Partners,

39:27no.

39:28Um and so so in looking at this, we

39:30found that the best use cuz I I've been

39:33in the storage business for over 10

39:34years. I thought this is a great place

39:36for a storage facility. Um

39:38the people in the area were receptive.

39:40Um but the the skateboard park next door

39:43um definitely could you know

39:44benefit from having that uh that buffer.

39:47And then we upscaled the building to

39:48make it look really gorgeous. I don't

39:50know if you noticed it. It's a beautiful

39:51building. Doesn't have to be that

39:52pretty. Cuz we want it to look good from

39:53all angles cuz you have the Merry

39:55Monarch Festival right across street.

39:56Want them to be able to see something

39:57beautiful. And when talking to some of

39:59the people in the area, they were like

40:01going, "Wow, I'd love to look at that,

40:02you know, coming up the street. Love to

40:03look at that, you know." And that was a

40:05big thing. That's why we just kind of

40:06upscaled it to have like some faux

40:07features on it to make it look really

40:08nice.

40:10Um so, yeah.

40:11>> Thank you. So, you purchased the

40:12property from P.E. Laney Partners.

40:15>> Um actually uh from a Suisun family.

40:18>> From Suisan family, right. Okay, which

40:20was yeah, okay. Great. Okay, thank you

40:22for answering that and clarifying my

40:24question.

40:25>> You're welcome.

40:26>> Okay, thank you. All right, seeing no

40:28further discussion, um,

40:30I just want to maybe

40:34suggest say just full awareness

40:37acknowledgement that um, having a

40:39storage facility with nice big open

40:40walls next to a skate park where you

40:42might get some unsanctioned art

40:44installations. Just giving you a little

40:46heads-up on that. Um, with that I will

40:49go ahead and call for the vote. All

40:51those in favor of forwarding Bill 205 to

40:54Council with a favorable recommendation,

40:55please say aye.

40:57Any opposed?

40:58Mr. Clerk, it looks like you have nine

41:00ayes. Bill 205 is forwarded to Council

41:02with a favorable recommendation. 206,

41:05please. Oh, thank you. We're we're all

41:06set on yours. We'll see you in 2 weeks.

41:09>> Thanks, folks.

41:11>> Is there any testimony for Bill 206?

41:17Hearing none, Bill 206 amends Ordinance

41:19No. 09-138

41:21as amended which reclassified lands from

41:23single-family residential 10,000 sq ft

41:25to industrial commercial mixed 20,000 sq

41:27ft at Waikiaha Lots, Waikiaha South

41:29Hilo, Hawaii covered by Tax Map Key

41:312-2-0-3-5-0-3-4.

41:33Applicant JP Automotive LLC. Area 22,300

41:37sq ft. The Hilo Planning Commission

41:39forwards a favorable recommendation for

41:40this requested change of zone amendment

41:41for a 7-year time extension to condition

41:44the complete construction to allow for

41:46the development of an automotive repair

41:47business. Property is located at 513

41:49Koni Koa Street

41:51and Hulani Street, Waikiaha Lots for

41:53Series introduced by Councilman Kim by

41:55request.

41:56We have Communication 1127.1 from

41:58Planning Director Jeffrey W. Darrow

42:00dated December 28, 2026 transmitting a

42:03PowerPoint presentation

42:05for Bill 206.

42:09>> Have a motion, please.

42:12>> I'll make a motion to bill 206 to

42:14council with a positive recommendation.

42:17>> Motion by council member Husted,

42:19seconded by council member Enabnit to

42:20forward bill 206 to council with a

42:22favorable recommendation. Director, your

42:24presentation, please.

42:27>> Thank you, Chair. Uh if I could direct

42:29your attention

42:31to our presentation.

42:35Our next applicant is JP Automotive LLC.

42:39They're requesting

42:41uh an amendment

42:43to

42:44uh ordinance 2145.

42:52The area of this application is

42:55uh in a similar location as our last

42:58application, South Hilo,

43:01uh in the Waiakea House Lots

43:04uh area.

43:05Uh it's identified with a red star

43:09um

43:10on the map.

43:12The applicant is requesting a 7-year

43:15time extension for condition D,

43:18uh time to complete construction, which

43:21expired on June 25th, 2026,

43:25which states construction of the

43:27proposed development shall be completed

43:30within 5 years from the effective date

43:32of this amended ordinance.

43:35The reason for the request, according to

43:38the applicant, the time extension

43:40request will resolve contingencies for

43:43financing, update construction plans,

43:47and complete construction.

43:51This is a view of our county zoning map

43:54of the area.

43:56The purple

43:58uh is

44:00what we call commercial industrial mix

44:03or MCX 20,000 square feet. The subject

44:07property is identified with a red

44:10outline.

44:11There are other similar properties

44:14to the east of this property.

44:17There are

44:19residential properties in the immediate

44:22area which are identified in yellow and

44:25there is also ML

44:2810,000 square feet identified

44:31in the gray zoning.

44:36This is a view of our

44:40general plan 2045

44:42land use designation map. It identifies

44:46the area in

44:49medium density urban

44:51with the light industrial just to the

44:54north.

44:57This is our state land use designation

45:00map.

45:01This is

45:03identifies the entire area as urban.

45:08And this is a aerial photo identifying

45:12the subject property with a red outline.

45:17And a copy of the site plan

45:20which has Kalanianaole Street to the

45:23west

45:25and the entrance to the property that

45:28identifies the proposed building and

45:31open area.

45:34This is

45:36a floor plan of the proposed development

45:41and some site photos. Top photo is a

45:46site photo of the property

45:50on the

45:51lower end

45:53you have a property looking Makai from

46:00uh,

46:01Street Um,

46:03and on the

46:06right side, you have a, uh, Malka

46:10property on Hualani Street.

46:16The director recommended a favorable

46:18recommendation to the,

46:21uh, Windward Planning Commission.

46:23And on September,

46:26uh,

46:283rd, 2026,

46:30uh, the Windward Planning Commission

46:32voted to forward a favorable

46:34recommendation to the County Council

46:36based on the planning director's

46:38recommendation.

46:40That concludes our presentation. Thank

46:43you.

46:44>> Thank you, director. Any questions from

46:47the body? Council member Onishi.

46:49>> Thank you, Madam Chair.

46:50This is in my district. Um, this

46:52property was, I guess,

46:55graded like a for a long time.

46:59And for some reason, maybe Mr. Fukui,

47:02you can come up and give a little bit

47:04history, but this project got, I don't

47:06know if it got stalled or not, but then

47:08it was like for a while. So, it's great

47:11to see that this lot can move forward

47:15and getting something on it.

47:18Oh, you're up. Yeah.

47:21>> Okay. Thank you very much, um, Madam

47:23Chairman and the Council.

47:25This Council, um, my name is Sydney

47:27Fukui. Um, I'm here assisting a friend

47:29of mine. It's Jay Pilor, or it's

47:31actually Jeffrey Pilor.

47:34Um, his son is on Zoom in Hilo. Uh, this

47:39is really like a family-operated, uh,

47:41automotive business. Mr. Pilor

47:43started working for, if those of you who

47:46have lived long enough here in Hilo, um,

47:48at

47:49uh, Larry's Chevron, and that's now

47:52where Cruisin Coffee is.

47:54It's, [clears throat] um, then for the

47:56last 25 years he

47:58uh, he's operating just across the

48:00street um,

48:03with his him and his family and a few

48:04employees doing this uh, automotive

48:07repair shop business. Like everybody

48:09else, you know, the the dream is from

48:11renting you want to eventually own, but

48:14it's for a residence. Likewise for

48:16business, he's been renting for over 25

48:18years. Now he wants to to rent uh,

48:21>> [clears throat]

48:21>> to own.

48:22Um, he said he purchased the property

48:24about 10 years ago and all of a sudden

48:26it's kind of like a

48:27negative perfect storm because you know,

48:30in 2015, you know, then

48:32uh,

48:33lo and behold, he realized that he had

48:35to complete construction by 2019 based

48:38on the

48:39former uh, zoning ordinance.

48:42And then um, so he did as much as he

48:44could do all of the soft things were,

48:46you know, such as

48:48finishing up the construction drawings,

48:49trying to get the financing. Then he had

48:51to apply for the time extension. So

48:54shortly after he applied for the time

48:55extension, the other storm came in and

48:57which was COVID. And so everything just

49:00kind of like um,

49:01was was halted. And so there you are

49:04now, we're back in 2025, 2026, his time

49:08to complete the construction uh,

49:10expired. So he's here before you asking

49:13for some additional time to complete it.

49:16So where he is right now is that he's

49:18um,

49:19has the construction drawings completed,

49:21he has a building permit issued. He has

49:23the um,

49:24uh, he he received an extension from the

49:26building department for an additional 6

49:28months to to start and complete the

49:30construction.

49:31Uh, he did some site work on the

49:33property um,

49:35but over and beyond that, you know, he

49:36has, you know, pending the outcome of

49:38this this decision, he cannot yet

49:41finalize his financing because the bank

49:43is saying that, well, you don't have any

49:44guarantees. So this action by this body

49:47is very critical to his being able to

49:49move on.

49:50Um, tying with that, of course, um,

49:53although he has had a bid from, um, his

49:56current contractor, uh, the contractor

49:59has asked time to kind of like

50:00re-evaluate knowing that there's been

50:03like an increase in a lot of the

50:04material cost as a result of tariff and

50:07whatever have you right now. So, um, all

50:09of that kind of like combines as as, uh,

50:11the director had noted like

50:13he's, um,

50:15subsequent to hopefully getting this

50:17time extension, he's be he's going to be

50:19able to get a rebid

50:21and probably get his, uh, you know,

50:23financing in tow.

50:25Um, he would like to move as soon as,

50:27you know, complete the construction as

50:28soon as possible, but, um,

50:31he never knows. So, he was really

50:33initially of 5 years because, you know,

50:35he's he's gone through that and that's

50:37the reason why he's asking for 7 years,

50:39but it he feels very comfortable that

50:41he'd be able to complete it maybe in

50:42about 2 or 3 years. So, with that, if

50:45you have any questions, we'd be more

50:46than happy to answer.

50:49>> Great. Thank you, Mr. Fuke.

50:51Um, director, correct me if I'm wrong,

50:53but with the previous general plan,

50:55Kalani Koa

50:57was allowed to have like commercial use,

51:01right?

51:04Cuz when I understand the main thorough

51:06streets like Kekuanaoa or Kalani Koa,

51:10Manono,

51:12>> So,

51:14um,

51:15the general plan in 2005

51:19showed uh, along Kalani Koa an

51:22industrial designation. And that's why

51:25you'll see MCX and ML in it, uh, in that

51:29particular area.

51:31Um, since then it's changed,

51:34um,

51:35the there is a Now it is commercial MVU,

51:41but also,

51:42uh, a bit of industrial that's near this

51:45particular property.

51:48but I I think what you're referring to

51:51that in the general plan, it

51:53specifically said that in the Waikele

51:55house lots, they wanted the commercial I

52:00to go along the main streets, right?

52:03Which identified Manono,

52:06Lani Kauhloa,

52:08Kalanikoa, those streets. That they

52:10wanted to see that instead of

52:13and in the inner streets they wanted to

52:15see more like multi-family.

52:17>> Right.

52:18>> That kind of

52:19>> Correct. And so

52:21from my previous years,

52:24I always push for this because

52:26>> [snorts]

52:27>> a lot of

52:29old homeowners, you know, they're

52:31getting older,

52:32they're passing away, the children

52:34doesn't want to move back there because

52:36of their jobs or whatever reason.

52:39So, their other opportunity is to sell

52:41it to businesses to create this next

52:44industrial or commercial area for

52:46businesses to own fee simple properties.

52:49So, I really support this and like I

52:52said, this has been for a long time and

52:54so it's great to see this project moving

52:56forward.

52:58And so, I'm asking for you guys'

52:59support. Oh, you. Thank you.

53:02>> Thank you, Council Member. Council

53:03Member Kaniele Clanfelder.

53:05>> Thank you. To the applicant or thank you

53:07for being here, Sid. The wireless

53:09condition here removed for the backflow

53:11prevention.

53:12>> I'm sorry again?

53:13>> The backflow preventer for

53:17for the water supply was removed from

53:18the conditions, but as usually a normal

53:20while. How was that removed?

53:21>> Correct. Yeah. Well, he has to

53:24install the appropriate water meter and

53:27install the back backflow preventer. So,

53:29these are the required infrastructure,

53:32but that's going to like and held in

53:33abeyance right now.

53:35In addition to that, there was a

53:36condition in the zone change a

53:38recommended zone change that requires

53:40him to

53:41provide a curb gutter section fronting

53:43the property. So, obviously all of that

53:45infrastructure is going to be done in

53:46conjunction with the water system and

53:48the sewer connection.

53:55>> So, usually it's it's in there. In this

53:58case it's been removed though.

54:00And whether or not he's going to improve

54:02the property or the gutters and the

54:03sidewalks

54:05should it necessitate removing the

54:07language for the backflow prevention

54:10device?

54:12>> Maybe I could address that. So, if um

54:16>> And it And it does say he has a He has a

54:18meter already serviced by a 5/8 meter

54:21from county water supply.

54:22>> Yeah. Um

54:25Commissioner Connie Lee Kleinfelder,

54:27condition B uh seems to have taken care

54:30of It's like a catchall type um

54:34where it's trying to identify that the

54:37applicant is required to meet the

54:39requirements of fire supply and water

54:42supply for the proposed development. And

54:45that's going to include whatever they

54:47require, which uh

54:49the likelihood of them require the

54:51backflow preventer is high

54:54uh in regards to commercial and

54:57industrial zoning.

54:59As well as the fire uh flow

55:01requirements.

55:02>> Okay, so condition B will be

55:05probably going forward the new wording

55:07for shall meet the following for water

55:10supply and for fire department. That's

55:11what the council should be looking for.

55:13>> Um that is correct. So, in a sense like

55:16uh the existing condition C was deleted

55:18because it's kind of like uh duplicative

55:21of like the new condition C.

55:23>> Okay.

55:25Is that that's what we should be looking

55:26for from now on, Jeff?

55:27>> I would guess so. This is the first

55:30application that we're using it and I

55:32think it was

55:34uh easier than trying to put in three

55:36conditions to say the same thing that we

55:39could say in one condition.

55:43>> And does that meet the requirements for

55:45a water commitment prior to the issuance

55:47of a water commitment?

55:49That's what we've deleted.

55:53>> I believe the applicant we

55:55if you give me a minute I'll look at

55:57theirs. They they most likely are up to

55:59date on their water commitment.

56:01>> That is correct so that's the reason

56:03since it's current then it becomes that

56:06the existing language right now before

56:09you is basically a must it's a

56:11superfluous.

56:14>> Okay. Thank you.

56:16>> Thank you.

56:19>> Any other questions?

56:22All right, seeing none all those in

56:24favor of approving bill 206 and

56:26forwarding to council with a favorable

56:28recommendation please say I.

56:30Any opposed?

56:33Seeing none Mr. Clerk you have nine eyes

56:35bill 206 is approved and forwarded to

56:37council. Thank you Mr. Huque. Thank you

56:40director and thank you to the applicant

56:42on Zoom. We'll see you in a couple of

56:43minutes.

56:43>> Thank you.

56:45>> With that we have no further business on

56:47our agenda. The time is 12:55 and we are

56:51adjourned. Molo.

57:39>> Mhm.

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