♪ ♪ ♪ ♪ KAI KRAUT, >>Chair Kia'aina: ALOHA GOOD MORNING. IT IS THURSDAY, OCTOBER 16, 025. THE TIME IS NOW 9:04 A.M. WITH COMMITTEE ON ZONING AND PLANNING MIYAGI PLEASE COME TO ORDER. MEETING,ER I WOULD LIKE TO WELCOME COMMITTEE MEMBERS, OKIMOTO, TUPOLA, AND THANK YOU COUNCILMEMBER DOS SANTOS-TAM FOR BEING HERE. I UNDERSTAND VICE CHAIR WATERS AND COUNCILMEMBER CORDERO WILL BE COMING IN SHORTLY. ALL PROROW MODE VERBAL TELL IS PERMITTED REGULAR IN PERSON MEETING AND NOT REMOTE MEETING BY INTERACTIVE CONFERENCE TECHNOLOGY.EL UNDER HAWAII REVISED STATUTES 92-3.7. THEREFORE, MEETING WILL CAN CONTINUE INTO THE WITHSTANDING LOSS OF AUDIO-VISUAL CONTACT WITH REMOTE TESTIFIERS OR LOSS OF PUBLIC BROADCAST OF THE MEETING. MEMBERS OF THE PUBLIC WILL BE ALLOWED TO PROVIDE VERBAL TESTIMONY ALL ITEMS ON THE AGENDA WHEN EACH ITEM IS TAKEN UP. IN WOULD WAYS. PERSON AND COUNCIL CHAMBER AND REMOTELY VIA VIDEO CONFERENCE OR PHONE. TWO WAYS R BEFORE TESTIFY. EACH PERSON SHALL STATE THEIR NAME FOR THE RECORD. EACH SPEAKER MAY NOT HAVE ANYONE ELSE READ THEIR STATEMENT. AND WILL BE LIMITED TOY WALKONE-MINUTEPRESENTATION PER . PERSONS REGISTER TROPICAL DEPRESSION TO TESTIFY IN PERSON, WILL BE CALLED UPON FIRST. PERSONS DID NOT REGISTER 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 LAST THREE DIGS OF YOUR PHONE NUMBER, FOLLOW THE PROMPTS TO UNMUTE. ENGLISH AND HAWAIIAN OFFICIAL LANGUAGES STATE OF HAWAII, PURSUANT TO ART 5, SECTION 4, OF THE HAWAII STATE CONSTITUTION AND IS 3 HAWAII REVISED STATUTES MEMBERS PUC LING MAY TESTIFY IN EITHER LANGUAGE. OFFERED OLELO HAWAII ADDITIONAL TIME ALLOWED FOR THE TESTIFIER PROVIDE ENGLISH TRANSLATION OF THEIR TESTIMONY. WRITTEN TESTIMONIES INCLUDING TESTIFIER'S DREARKS EMAIL ADDREE NUMBER AVAILABLE TO THE PUBLIC AS DESCRIBED POSTED AGENDAMENT COURTESY PLEASE TURN OFF OR SILENCEN ALL PHONES FOR THE DURATION OF T MEETING. AGENDA ITEM NUMBER 1. BILL 62, 2025, CD1, MAKES CERTAIN AMENDMENTS TO ROH SECTION 25-5, 70-3, AS ACTIVE BY ORDINANCE 25-2. RELATING TO BED & BREAKFAST HOME AND TRANSIENT VACATION UNIT STANDARDS AND REQUIREMENTS. WHICH I SHALY MADE UNDER ORDINANCE 24-14, INITIALLY MADE. OMITTED UNDER ORDINANCE 25-2. IF YOU RECALL, ORDINANCE 25-2 REPEALED REPLACED LAND USE ORDINANCE ARTICLE 5, RELATING TO LAND USE REGULATIONS. MEMBERS NOTE THAT THE CD1 VERSION OF THE BILL REPLACED BLACK AND WHITE FIGURES. 21-5.1, 21-5 DIDN'T 2, 21-5.3, AN 21-5.4. WITH HIGHER RESOLUTION COLOR VERSIONS THAT APPEAR IN ORDINANCE 25-2. AS PREVIOUSLY DISCUSSED, TITLE AND PURPOSE CLAUSE OF THE BILL ARE VERY NARROW. SO THE ONLY AMENDMENTS THAT CAN BE MADE IN THE BILL ARE THE AMENDMENTS MADE IN ORDINANCE 24-14. OTHER AMENDMENTS TO THE B & B HOME AND TRANSIENT VACATION UNIT PROVISIONS WOULD NEED TO BE TAKE BE UP IN SEPARATE BILL. TAKEN UP. BEFORE I CALL UP ADMINISTRATION, TAKE PUBLIC TESTIMONY. PRECEDING FIRST IN IN-PERSON TESTIMONY COUNCIL CHAMBER. IN IN-PERSON TESTIFIERS FOR THIS ITEM. >>Council Clerk: CHAIR, THERE ARE NONE. >>Chair Kia'aina: IS THERE ANYONE ELSE IN THE COUNCIL CHAMBER WOULD LIKE TO TESTIFY ON THIS ITEM? PLEASE COME FORWARD TO THE OPPODIUM STATE YOUR NAME. SEEING NONE, PROCEEDING ON REMOTE TESTIMONY. ANY REMOTE TESTIFIERS FOR THIS ITEM. >>Council Clerk: CHAIR, WE HAVE ONE ST FNED STAYING BY. >>Chair Kia'aina: KELLY LEE. GOOD MORNING. ONE STANDING BY. >>Testifier: GOOD MORNING. >>Chair Kia'aina: PLEASE PROCEED. >>Testifier: ALOHA CHAIR VICE CHAIR COMMITTEE MEMBERS. KELLY LEE WITH OATS TRAY. SUPPORT THIS BILL IMPROVES EFFICIENCY OF REGISTRATION. OS P TRA, PROCESS STARTED BY ORDINANCE 24-14. OS IT. RA CURRENT LAW REQUIRES FULL ADMINISTRATION AND NEW $1,000 FEEL EVERY TIME OPERATE OR OF CONTACT CHANGES EVEN WHETHER THE OWNER STAYS S SAME. OWNER IS LEGALLY RESPONSIBLE FOR MAINTAINING VALID REGISTRATION. FORCING FULL REREGISTRATION FOR FULL PERSONAL CHANGE, COST TO OWNERS DUPLICATE WORK TORE CITY STAFF WITHOUT IMPROVING ENFORCEMENTS. ASK THAT YOU REMOVE CHANGE ON RAY IT TRIGGER FOR FULL REG STRAY. REGISTRATION. >>Chair Kia'aina: PREVIOUSLY STATED, THIS BILL IS CURRENTLY DRAFTED AS NARROWLY CRAFTED. FOR THE PURPOSE OF CONSIDERATION TODAY. I DID SAY THAT WE WILL TAKE INTO CONSIDERATION YOUR AND OTHERS TESTIMONIES. AND I BELIEVE THAT YOU HAVE BEEN CONTACTING WITH DPP AND WHEN DPP COMES UP, I WILL BE ASKING FOR EXPLANATION. IF THERE ARE ANY MODIFICATIONS, TO THE PROVISION THAT YOU'RE TALKING ABOUT, IT WOULD BE IN THE ACCEPT SEPARATE BILL. >>Vice Chair Dos Santos Tam: DO UNDERSTAND COST -- I DO UNDERSTAND THE CAST ADMINISTER IT IS COSTLY. THE COST IS COSTLY. THANK YOU SO. ANYONE ELSE STANDING BY REMOTELY? >>Council Clerk: CHAIR, THERE ARE NONE. >>Chair Kia'aina: FOR THE ADMINISTRATION, WE HAVE DAWN TAKEUCHI APUNA DIRECTOR MALAMA. >>Testifier: GOOD MORNING. PLANNING AND PERMITTING. WE ARE IN SUPPORT OF THIS CURRENT CD1 DRAFT. THANK YOU. >>Chair Kia'aina: FOLLOW-UP WHAT I JUST COMMENTED ON, RELATING TO THE TESTIFIER, COULD YOU PLEASE EXPLAIN THE DPP COST OR CONCERNS OVER THE PROPOSED RECOMMENDATION TO NOT CHARGE EXORBITANT FEE OF A THOUSAND DOLLARS IF YOU CHANGE THE OPERATOR? ADMINISTERING OR MANAGING IT'S SHORT-TERM RENTAL. >>Testifier: THANK YOU. THOUSAND DOLLARS IS CURRENTLY CHARGED TO FOR APPLICATION AND RENEWAL GOINGS GOES TO ADMINISTRATIVE COSTS OFF THAT REGISTRATION. SO REVIEWING DIFFERENT REPORTS, AND REGISTRATIONS, ET CETERA, SO WHEN THERE'S A NEW OPERATOR, IT'S THE SAME EXACT PROCESS SO THE SAME FEE OF THOUSAND DOLLARS SHOULD APPLY TO NEW OPERATOR. >>Chair Kia'aina: IS THERE ANY WAY TO DECREASE TO $500? >>Testifier: I THINK THAT THAT WOULD BE UNFAIR FOR ANY NEW OWNER. IT'S THE SAME EXACT PROCESS THAT WE'RE USING AND SO 500 WOULDN'T REALLY MAKE SENSE FOR A NEW OPERATOR. >>Chair Kia'aina: THANK YOU. MEMBERS ARE THERE ANY QUESTIONS FOREST DIRECTOR? COUNCILMEMBER TUPOLA. >>Councilmember Tupola: THANK YOU. ALOHA DIRECTOR. I THINK THE QUESTION IS NOT NECESSARILY ABOUT A NEW OPERATOR. BUT IF THERE IS MANAGEMENT CHANGES. SO RIGHT NOW, IN BILL 62, SECTION 2CY PAGE 15, THERE IS ONE LINE THAT SAYS, OR ANY CHANGE IN THE OPERATOR. WHAT THEY'RE ASKING IS NOT IF THERE'S NEW PEOPLE BUT IF THERE IS LIKE SAY FOR EXAMPLE, SOMEONE RESIGNS AND NOW SOMEBODY ELSE OVER THE COMPANY. SAME COMPANY RUNNING IT, RIGHT NOW, IT SAYS OR ANY CHANGE IN THE OPERATOR. SO WOULD YOU BE AMENABLE TO LANGUAGE THAT JUST SAYS, OR ANY CHANGE WITH A NEW OPERATOR? IT'S LIKE FIVE WORDS. AND I HEAR WHAT THEY'RE SAYING YOU CAN'T ALWAYS SECURE THAT IT SAME MANAGEMENT IS GOING TO STAY INTO EI TERCH TIFFANY ETEG CERTAIN PARCELS. >>Testifier: FROM WHAT I UNDERSTAND NEW OPERATORS THEIR NAMES ARE THERE TITLES ARE PART OF NEW PAPERWORK. SO IT DOES REQUIRE A RELOOK AT ALL OF THOSE THINGS. BUT I CAN GO BACK TO STAFF AND JUST CONFIRM THAT. SURF THAT'S THE CASE. >>Councilmember Tupola: I HEAR THE HEAR BOTH SIDES. WHAT YOU'RE SAYING NEW OPERATOR HAVE TO DO THE DUE DILIGENCE KNOW WHO THEY ARE. NEW COMPANY, HOW WE WORK WITH THEM. AND I HEAR IT THEIR SIDE WHICH IS IF THERE IS A PERSONNEL OCEAN SAFETY DIFFERENT THING. PERSONNEL SHIFT. DECIDES WHAT THAT LOOKS LIKE. THANK YOU CHAIR. >>Chair Kia'aina: THANK YOU. ANY OTHER QUESTIONS? COUNCILMEMBER DOS SANTOS-TAM. >>Vice Chair Dos Santos Tam: THANK YOU. WE'VE DISCUSSED I GUESS OVER THE PAST CUMPLE MONTHS SO. CHALLENGES IN GATHERING DATA. COUPLE MONTHS. VACATION RENTALS AND, CONCERNS THAT HAVE BEEN EXPRESSED ABOUT, PRIVACY AND HAVING PLATFORMS PROVIDE THIS SORT OF DATA. BASED ON THE NEW POTENTIALLY NEW REGISTRATION, REQUIREMENT, WOULD WE BE AS COUNCIL OR PUBLIC BE ABLE TO GET SOME OF THAT REGISTRATION INFORMATION SO WE CAN ASSESS ATOLL COUNCILMEMBER TUPOLA'S POINT, ARE THERE TEMPORARY, VACATION RENTAL THAT IS ARE OWNED BY MULTIPLE. DOES SINGLE PERSON OWN MULTIPLE VACATION RENTAL E'O VACAAROUND THIS ISLAND OR TRULY MANY OF THE PO PROPONENTS HAVE SAID. GRANDMA TRYING TO MEET HER MORTGAGE? >>Testifier: THAT'S A GOOD QUESTION. WE CAN DEFINITELY GET YOU THAT INFORMATION. WE DO KNOW THERE IS MULTIPLE OWNER THAT HAS MULTIPLE OPERATION. SO WE CAN O PROVIDE THAT. I THINK THAT WOULD GIVE YOU GOOD PICTURE OF WHAT'S GOING ON. >>Chair Kia'aina: MEMBERS, IF THERE IN OTHER QUESTIONS OR DISCUSSION I WILL MAKE ANY RECOMMENDATION. CHAIR RECOMMENDS THAT BILL 62, 2025, CD1 BE REPORTED OUT PASSAGTHIRD READINGER DISCUSSIO, OBJECTING OR RESERVATIONS? HEARING NONE SO ORDERED. AGENDA ITEM NUMBER 2. FOR ACTION, BILL 48, 2025, THIS BILL WOULD ESTABLISH PORTION OF FORT STREET MALL AND BETH STREET PEDESTRIAN MALL CLOSE TO VEHICULAR TRAFFIC. WITH CERTAIN EXCEPTIONS AND AUTHORIZE DEPARTMENT OF TRANSPORTATION SERVICES TO CONTROL AND CIERD USE OF NEWLY ESTABLISHED CHAPLAIN LANE MALL. CURRENTLY CITY ROADWAY. THAT RUNS FROM FORT STREET MALL, TO NUUANU AVENUE. I WILL NOW DEFER TO THE INTRODUCERS OF THE BILL, COUNCILMEMBER DOS SANTOS-TAM. EXPLANATION. >>Vice Chair Dos Santos Tam: THANK YOU. AS YOU MENTIONED CHAIR, THIS IS VERY SMALL STREET DOWNTOWN. SECTION THAT WOULD BE CONVERTED TO PEDESTRIAN MALL 230 FEET. AND IT'S VERY, VERY NARROW. IT'S SO NARROW TO THE POINT WHERE YOU REALLY CAN'T DRIVE A CAR DOWN THE ROAD. IT'S BASICALLY USED FOR MOPED PARK. AS WELL AS BUY SOME OF ADJACENT BUSINESSES. CONVERTING PEDESTRIAN MALL WOULD MAKE IT VERY SIMILAR TO FORT STREET MALL AND ALSO ALLOW THE A JASONANT BUSINESSES TO DO THINGS LIKE SIDEWALK DINING. ADJACENT) AS WELL AS HELP TO CLEAN UP TH UP THE NEIGHBORHOOD. >>Chair Kia'aina: THANK YOU SO MUCH. BEFORE YOU CALL UP THE ADMINISTRATION, TAKE PUBLIC TESTIMONY. PROCEEDING FIRST WITH IN-PERSON TESTIMONY COUNCIL CHAMBER. ANY IN-PERSON TESTIFIERS FOR THIS ITEM? >>Council Clerk: CHAIR, THERE ARE NONE. >>Chair Kia'aina: ANYONE ELSE IN THE CHAMBER WHO WOULD LIKE TO TENCHA TESTIFY ON IT IT? NONE. REMOTE TESTIMONY. ANY RENTAL AGREEMENT FOR IFREMO. >>Council Clerk: CHAIR, THERE ARE NONE. >>Chair Kia'aina: ADMINISTRATION, DO WE HAVE SOMEONE FROM THE DEPARTMENT OF TRANSPORTATION SERVICES HERE? IF NOT, DIRECTOR APUNA, DO YOU HAVE ANY COMMENTS ON THIS BILL? >>Council Clerk: CHAIR, NO COMMENTS. >>Testifier: ADMINISTRATION IS SUPPORTIVE OF IT. THANK YOU. >>Chair Kia'aina: MEMBERS, ARE THERE ANY QUESTIONS FOR THE DIRECTOR? SEEING NO QUESTIONS, ARE THERE ANY DISCUSSIONS BEFORE I MAKE MY RECOMMENDATION? SEEING NONE, THE CHAIR RECOMMENDS THAT BILL 48, 2025, BE REPORTED OUT PL PASSAGE SECOD READING READING SCHEDULE PUBLIC HEARING. ANY DISCUSSION, OBJECTION OR RESERVATIONS? HEARING NONE SO ORDERED. MOVING TO AGENDA ITEM NUMBER 3. FOR ACTION. RESOLUTION 25-25, RESOLUTION GRANTS SMM MAJOR PERMIT TO KAI KRAUS ALLOW FOR CONSTRUCTION OF SINGLE-FAMILY DWELLING THREE OPEN LANAIS COVERED LANAIS GROUND LEVEL PARKING TO ACCOMMODATE 7 VEHICLES, AND SW I AMING POOL. INSTALLATION OF INDIVIDUAL WASTEWATER SYSTEM ON APPROXIMATELY 7,036 4* SQUARE FOOT NONSHORELINE LOT SEASON DISOWNED R5 RESIDENTIAL DISTRICT. LOCATED AT 66-163 WALIKANAHELE ROAD. IN HALEIWA. AND IDENTIFIED TAX MAP KEY 6-6-005:035. MEMBERS WE POSTED ON AGENDA CD1 VERSION THE RESOLUTION. FOR YOUR INFORMATION, YOU SUMMARY THE AMENDMENTS IS LISTED ON THE AGENDA. THE PROJECT SITE IS NOT A SHORELINE ZONING LOT. BUT REQUIRES SPECIAL MANAGEMENT AREA MAJOR PERMIT BECAUSISM PROVES ARE VALUE YOD MORE THAN $500,000. VALUED. PROJECT SITE IS LOCATED WITHIN FLOOD ZONE V ESM. WHICH IS COASTAL HIGH HAZARD ZION AND REQUIRES COMPLIANCE WITH THE SPECIAL FLOOD HAZARD REQUIREMENTS OF ROH CHAPTER 21H. HAZARD ZONE. DWELLINGS HUMPBACKABILITY SPACE ELEVATE. ( HABITABLE SPACE MONDAY SEA LEVEL. HEIGHT LIMIT UNDERLYING R5 RESIDENTIAL DISTRICT IS 25 FEET. UNDER THE LAND ORDINANCE, HIGHEST POINT OF STRUCTURE MAY EXCEED MAXIMUM HEIGHT BY NO MORE THAN FIVE FEET IN WE ACQUIRED FORD DWE DWELLING LOWET HABITABLE TAXPAYOR TO BE HAT FLOOR TO BE ELEVATED. PROJECT OF 30 FEET. CONCEPTUAL PLANS DO NOT APPEAR TO COMPLY WITH LAND USE ORDINANCE DEVELOPMENT STANDARDS. AND REQUIREMENTS FOR THE R5 RESIDENTIAL DISTRICT CONDITION B OF THE PROPOSED CD1, REQUIRES APPLICANT TO SUBMIT TO THE DEPARTMENT REVISED PROJECT PLANS THAT FIRST COMPLY WITH THE MAXIMUM HEIGHT LIMIT E'O LIMIT, PROJECT ROOFTOP SAFETY RAILINGS MAY THE NO EXCEED THE REQUIRED HEIGHT LIMIT BY MORE THAN 42 INCHES. NUMBER 2, COMPLY WITH HEIGHT SETBACK REQUIREMENTS, PROJECT ROOFTOP SAFETY RAILING MAY NOT ENCROACH INTO THE REFIRED HEIGHT SETBACK. CORRECT PROJECT AREA FLOOR RATIO CALCULATION TO INCLUDE THE GROUND FLOOR STORAGE AND UTILITY AREA MAY NOT EXCEED MAXIMUM ALLOWABLE FOR OF 0.7. COMPLY WITH 11-FOOT REAR AND SIDE YARD REQUIREMENTS OF PROJECT DENSITY EXCEEDS A F.A.R. OF 0.6, PROJECT ROOFTOP SAFETY RAILINGS MAY NOT ENCROACH INTO THE REQUIRED YARD SETBACK. AND PROJECT DWELLING EAVES MAY NOT ENCROACH INTO THE REQUIRED YARD SETBACK BY MORE THAN 30 INCHES. ADDITION, P ONLY ONE SINGLE UNIT DWELLING IS ALLOWED ON THE PROJECT SITE. BUT THE PROJECT DWELLING IS DESIGNED TO FUNCTION AS EASILY BE CONVERTED INTO TWO SEPARATE DWELLINGS. THERE ARE ESSENTIALLY TWO SEPARATE FORMING AND SOUTH WINGS WITH TWO SEPARATE SLAB FOUNDATIONS. TWO SEPARATE GROUND LEVEL PARKING AREAS. AND TWO SEPARATE LIVING AREAS ON THE SECOND AND THIRD LEVELS. TO ENSURE THAT THE DWELLING WILL BE OCCUPIED AND FUNCTION AS A SINGLE UNIT DWELLING, CONDITION B5, PROPOSED CD1, ALSO REQUIRES THAT THE PROJECT TWO SEPARATE WINGS BE CONSOLIDATED BY ADDING SUBSTANTIAL INTERIOR CONNECTIONS BETWEEN NORTH AND SOUTH WINGS ON THE SECOND AND THIRD LEVELS. FURTHERMORE, THE PROJECT IMPERVIOUS SURFACE COVERAGE 5,523 SQUARE FEET. WHICH IS EQUAL TO 75% OF THE ZONING LOT, AND INCLUDES AREAS ABOVE THE INDIVIDUAL WEAR SYSTEMS LEACHING FIELD AND SEPTIC TANK LARGE IRVIN YARDS PERVIOUS SURFACE REQUIRED TO ABSORB EXCESS STORMWATER. B6 PROPOSED CD1, FURTHER REQUIRES THAT'S MAXIMUM AMOUNT OFFER IMPERVIOUS AREA IN THE PROJECT SITE BE REDUCED FROM 75% TO 50% OF THE PROJECT ZONING LOT WHICH MAY BE ACHIEVED BY USING PERVIOUS SURFACE MATERIAL WHEN PAVING AREAS ABOVE THE PROJECT LEACHING FIELD AND SEPTIC TANK OR LEAVING THOSE AREAS IN A NATURAL PERVIOUS STATE. APPROXIMATELY 40% OF THE PROJECT SITE AT THE NORTHEASTERN BOUNDARY IS ANTICIPATED TO BE IMPACTED BY 3.2 FEET OF SEA LEVEL RISE BY THE YEAR 2100. AND PORTION OF THE PROJECT DWELLING IS WITHIN THE 3.2-FOOT SEA LEVEL RISE EXPOSURE AREA. PROJECT SITE IS NOT SHORELINE ZONING LOT AND LOCATED APPROXIMATELY 990 FEET MAUKA OF THE SHORELINE. CONDITION C, PROPOSED CD1 REQUIRES APPLICANT TO ACKNOWLEDGE AND TAKE RESPONSIBILITY FOR THE CLEAN-UP AND REST TREATION OF THE PROJECT SITE IN THE EVENT OF COASTAL HARD RELATED LOSS OF PROPERTY. RESTORATION EXISTING DWELLING OVER 50 YEARS OLD. NOT LISTED OR ON OR NOMINATED FOR HAWAII OR NATIONAL REGISTER OF HISTORIC PLACE. NO HISTORIC REVIEW IS REQUIRED FOR DEM INITIAL LIGS OF BUILDING. NO DEMOLITION BUILDING. NO ARCHAEOLOGICAL SITES IDENTIFIED. AND SITE CONSISTS OF, SINTY CLAY. NOT TYPICALLY ASSOCIATED WITH HIGH ARCHAEOLOGICAL SENSITIVITY. HOWEVER, SILTY) ANOTHER SPECIAL MANAGEMENTS AREA MAJOR PERMIT, THAT IS BEING CONSIDERED TODAY UNDER RESOLUTION 25-254 IS IN THE IS VICINITY OF PROJECT SITE AND VERY SIMILAR GUEYE LODGE CAM CHARACTERISTICS. GUEYE LODGE CALG. STATE STATE HISTORIC HISTORIC PN INDICATED WHILE NO ARC LODGE CAM OR HISTORIC RESOURCES, WERE PREVIOUSLY IDENTIFIED IN THE PROJECT AREA. -- GEOLOGICAL. NO DATA TO SUPPORT FINDING THAT NO ARCHAEOLOGICAL, OR HISTORICAL RESOURCES EXIST ON THE SITE AND RECOMMENDED PREPARATION OF ARCHAEOLOGICAL INEN HAVE TIAR VARY -- INVENTORY SURVEY WITH SUBSURFACE TESTING. NOT CLEAR WHY THE DIVISION SUGGESTS SURVEY FOR THAT PROJECT. AND NOT THIS PROJECT. ARCHAEOLOGICAL INVENTORY SERVICE IS EXPENSIVE AND COMPLEX PROCESS INVOLVING TESTING, TRENCHINGS AND TYPICALLY CONDUCTED WHEN THERE IS A LIKELIHOOD THAT ARCHAEOLOGICAL OR HISTORIC RESOURCES MAY EXIST ON THE SITE. IN CONTRAST, ARCHAEOLOGICAL MONITORING PLAN INVOLVES MONITORING DURING PROJECT CONSTRUCTION AND MAY BE MORE APPROPRIATE WHEN IT IS A LESS LIKELIHOOD THAT ARCHAEOLOGICAL OR HISTORIC RESOURCES WILL BE DISCOVERED ON SITE. FOR PURPOSES OF TREATING SIMILAR SITUATED PROJECTS IN THE SAME WAY, AND RECOMMENDED BIT DEPARTMENT, PLANNING AND PERMITTING RER, CONDITION E, OF THE PROPOSED CD1 INCLUDES CONDITIONS REQUIRING APPLICANT SUBMIT TO THE DEPARTMENT COPY OF THE DIVISION'S WRITTEN ACCEPTANCE OF THE PROJECT'S ARCHAEOLOGICAL MONITORING PLAN. AND TO IMPLEMENT ALL MITIGATION PROTOCOLS APPROVED OR OTHERWISE REQUIRED BY THE DIVISION. PROJECT PROPOSES TO EXCAVATE 221.223 CUBIC YARDS OF SOIL MATERIAL. WHICH WILL BE USED AS INFILL ACROSS THE PROJECT SITE. WHILE NO IMPORTATION OF SOIL OR STRUCTURAL FILL MATERIAL IS PROPOSED, SINCE CONSTRUCTION EQUIPMENT MAY TRANSFER INVASIVE PATHOGENS PESTS OR PLANTS. PROPOSED DR. DELANO 1 INCLUDES CONDITION -- CD1 INCLUDES CONDITION G. REQUIRE APPLICANT TO COMPLY WITH CERTAIN PROTOCOLS TO MINIMIZE SPREAD OF VIDEO INVASIE SPECIES. WELCOME VICE CHAIR WATERS AND COUNCILMEMBER CORDERO TO THE HEARING. JOINING US MARK HOWLAND WERE WELL ENVIRONMENTAL SERVICE PROVIDING BRIEF PRESENTATION. FOR YOUR INFORMATION, THE PRESENTATION IS AVAILABLE ONLINE AS MAS LY MISCELLANEOUS COMMUNICATION 541, 2025. I JUST EXPLAINED VERY EPILEPTICRY PROCESS CONDITIONS IF YOU COULD ALLEVIATE YOUR PRESENTATION I WOULD APPRECIATE IT. >>EL RM THANK YOU ABBREVIATE YOUR PRESENTATION. >>Testifier: THANK YOU. 66163. WALIKANAHELE ROAD IN HALEIWA. LOCAL UFC PROPERTY. SIDE STREET. LOLOCUS OF THE STREET. TWO DOORS OVER MOODY PROPERTY THAT AWE PROVED LAST YEAR. YOU APPROVED LAST YEAR. PROPOSED ACTION CONSTRUCTION OF FIVE BEDROOM, 6 BATH, SINGLE-FAMILY HOME AND POOL RELAYING SCREUSING THREE BATH, SINGLE FAMILY DWELLINGING ROUGH SHAME. EXIST UG. PRIVATE RESIDENTIAL USE. KRAUT OWN CONTRACT SEPTIC INSPECTORS SO WORK LOCALLY HERE. THIS IS PLAN PROJECT. EXPLAINED TO THE ARCHITECT THAT'S CHANGES THAT THE COUNCIL REQUIRES NEED TO BE PUT IN PLACE. ALREADY A AGREED TO NOT PAIRVEL WASTEWATER SYSTEM AND LINED WITH GE. O CELLS WITH PER PERSONAL YANLT. OPEN LOT. ER ONLY ONE, MANGO TREE IN THE BACK. AND PERMANENT YABILITY. THAT'S THE LOCATION. PERMEABILITY. MOSTLY MALAMA SILTY CLAY SOILS LITTLE CORNER OF L HALEIWA SILTY CLAY T TOIL SOILS. IMPACTED BY THE 3.2 SEA LEVEL RISE. RED BALLOON IS PORTIONS MOSTLY FRONTAGE A LITTLE BIT AT THE BACK REAR. MOST HALEIWA IMPACTED THIS WAY. THERE ARE NO COASTAL INDICATORS. NEAR THIS WORK AREA. THERE IS BEACH PARK, VEGETATION LINE. AND 3.2 COASTAL EROSION LINE. AS MOST OF OAHU SHORELINE CARRIED BY FOUR AFFECTS MOST OF THIS PROPERTY. ER CREATED IN 6 FOOD SURGE IMPACT ZONE. CONSTRUCTION RESENATOR LAURA RE. NO CRITICAL HABITAT ON THE SITE. PROPOSED CRITICAL HABITAT ALONG THE SHORT-TERM. WHICH IS FOR THE MONK SEALS AND SEA TURTLES. THIS IS THE PLOT PLAN OF THE PROPERTY. HIGHLIGHTED IN YELLOW IS LOCATION MUCH OF THE SITE. SERIES CONDITIONS HELP OF THIS COUNCIL ZONING AND PLANNING COMMITTEE WE PUT CONDITIONS IN APPLICATION FOR MEDIATE HALT OF CONSTRUCTION IF ANY ARTIFACTS NOTIFIED. ADVISED THEM TO ARCHAEOLOGICAL MONITORING PLAN. CONCERNS IMMEDIATE CONSTRUCTION HALT IF ANY DAMES DEPENDEENDANGEREDSPECIES. CITY & COUNTY OF HONOLULU. CLEAN SOIL PROVISION. ANY QUESTIONS I WOULD BE GLAD TO ANSWER THEM. THANK YOU. >>Chair Kia'aina: MEMBERS ANY QUESTIONS FOR MR. HOW OLD? BEFORE I CALL UP THE ADMINISTRATION I WOULD LIKE TO O TAKE PUBLIC TESTIMONY. IN-PERSON TESTIMONY. IN THE CHAMBER. CLERK ANY IN PERSON TIME-OFF FIREFIGHTERS FOR THIS I'M -- MR. HALAU AND. >>Chair Kia'aina: ANYONE ELSE IN THE COUNCIL CHAMBER WOULD LIKE TO SNEF SEEING NONE. PRECEDING REMOTE TESTIMONY. ANY REMOTE TESTIFIERS FOR THIS ITEM? >>Council Clerk: CHAIR, WE SWRUN ST ONE STANDING BY. >>Chair Kia'aina: RAQUEL ACHEW. GOOD MORNING. YOU WE HAVE ONE UP MUTE. >>Testifier: CHEREM. >>Chair Kia'aina: YES. YOU HAVE ONE MUTE. >>Testifier: ALOHA CHAIR COMMITTEE MEMBERS. YOU HAVE UNMUTE. I RAINFAL RAQUEL ACHEW. WAIALUA MOKU. INDIVIDUAL CAPACITY. CHAIR VICE CHAIR OF NORTH SHORE NEIGHBORHOOD BOARD. INDIVIDUAL SELF, THIS PROJECT DID DID NOT COME TO FRONT OF BOARD. BELIEVE THERE WAS CONSIDERATION OR COMMUNICATION BETWEEN DPP AND OUR CHAIR, AND WE WERE IN RECESS. DIDN'T REALLY ACCOMMODATE TIME. I DO UNDERSTAND AND KNOW THIS PROPERTY, AND THIS NEIGHBORHOOD THIS PROJECT IN MY OPINION SCREAMS VACATION RENTAL. EVERYBODY SAYS IT FOR THEIR FAMILY. BUT THIS IS VERY DENSE NEIGHBORHOOD. AND TO MR. HOW OLD REFERENCE OF THE MOODY PROPERTY LAST YEAR, HOW LAND) THEY WERE NOT EVEN ALLOWED TO PLACE CEMENT DRIVEWAY. THEY HAVE A PERMEABLE SPACE FOR THEIR DRIVEWAY. SO MY CONCERN WITH THAT WAS NOW WE'RE LOOKING AT POOL FOR THIS PROPERTY. ER AND LIKE I SAID, VERY DENSE. AND IT'S A VERY SHALLOW WATER TABLE. IS THIS AN INGROUND POOL? AND ARE THE DRAINING ISSUES OF THAT POOL BEING ACKNOWLEDGED? OR REVIEWED? IF THEY HAVE TO DRAIN THE POOL, WHERE IS THAT WATER GOING? AN OBVIOUSLY, THE POOL IN THE TIME WHERE WE HAVE A SEVERE DROUGHT IS CONCERNING. BUT MORE SO, THIS MATCHING WITH THE OTHER PROPERTY IN RESOLUTION 254, THERE IS ALWAYS INCONSISTENCIES IN THE PRESENTATION. IN 254, "IT" LISTS HIRO FAMILY AS THE PROJECT. LISTS THIS PROPERTY OWNER AS THE APPLICANT. SO I'M VERY CONCERNED WITH THE INCONSISTENCIES AND INFORMATION AND HOW THESE ISSUES WILL BE ACKNOWLEDGED. 7 CAR, THREE LANAIS P. TWO HOUSES. IT'S JUST IT'S NOT CONSISTENT. SO I APPRECIATE YOUR CONSIDERATION. MAHALO. >>Chair Kia'aina: THANK YOU. DURING DISCUSSION PURPOSES BRING UP MR. HOW LAND AGAIN. QUESTION CLARIFY WHETHER OR NOT, THE AGENT DID THE AGENT AT LEAST REQUEST THE NEIGHBORHOOD BOARD TO GIVE A PRESENTATION? >>Testifier: YES. HE DID REACH OUT TO OUR CHAIR. DID HE REQUEST OUR REVIEW. AND AT THAT TIME, WE WERE ALSO IN RECESS. SO THE TIMING AND THE ACCOMMODATING. >>Chair Kia'aina: WANT TO MAKE SURE THAT OCCURRED. AND THAT JUST THE LAW REQUIRES THAT THE AGENT OR THE APPLICANT GO AND NOTIFY THE BOARDS SO THERE WAS A THAT YOU HAVE AN OPPORTUNITY. MR. HOW OLD QUESTIONS FOR THE TESTIFIER? IF NOT, WE'RE GOING TO BRING UP THE DEPARTMENT. >>Testifier: THANK YOU CHAIR. WE'RE SUPPORTIVE OF THE PROPOSED CD FOR THIS PILOT PROJ. >>Chair Kia'aina: QUESTION BEFORE I HOPE UP TO OTHER MEMBERS. COMPARATIVELY TO ALL OF THE OTHER SMAs THAT WE'VE CONSIDERED BEFORE THIS COMMITTEE, THIS ONE SEEMS TO HAVE A LOT OF CONDITIONS AND THEY'RE NOT SMALL CONDITIONS. SO MY QUESTION I GUESS IS DO YOU HAVE ANY ADVICE FOR ANY APPLICANT OR THE AGENT ON HOW THEY COULD HAVE AVOIDED ALL OF THESE CONDITIONS? IS THERE SOMETHING THROUGHOUT THE PROCESS RETIRE TO SUBMITTING -- PRIOR TO RESUBMITTING APPLICATION TO THE DPP, THAT THEY COULD HAVE HE DONE BETTER? BECAUSE THIS IS A LOT OF STRINGENT CONDITIONS. AND I DON'T KNOW IF THE OWNER EVEN KNEW. >>Testifier: YEAH, I THINK YOU NEED TO, IT'S IMPORTANT APPLICANTS DO THEIR DUE DILIGENCE AND REALLY UNDERSTANDING THE PROJECT. AND WORKING WHERE QUALIFIED PROFESSIONALS TO MAKE SURE THAT EVERYTHING IS IN LINE AND IN CONFORMANCE WITH THE VARIOUS LAWS. SO I THINK THAT'S IMPORTANT FOR ALL TYPES OF APPLICATIONS THAT COME THROUGH. BUT PROBABLY FOR THIS ONE AS WELL. >>Chair Kia'aina: THANK YOU MEMBERS ANY QUESTIONS? DO YOU HAVE ANY QUESTIONS, COUNCILMEMBER CORDERO? >>Councilmember Cordero: THANK YOU CHAIR. DIRECTOR, MY QUESTION IS IN RELATION TO ONE OF THE CONDITIONS RELATING TO THE DENSE SHALLOW FOUNDATION. WAS THAT A CONDITION THAT WAS PLACED BY THE DEPARTMENT AS A REQUEST TO THE APPLICANT? >>Testifier: I'M SORRY. WHICH CONDITION. >>Chair Kia'aina: >>Councilmember Cordero: DENSE CLAY IS THATEL OWE FOUNDATION. >>Testifier: DENSE CLAY SHALLOW. >>Councilmember Cordero: WHAT THEY WERE PLANNING TO UTILIZE? >>Testifier: I'M GOING TO CHECK WITH MY STAFF. THANK YOU. THANK YOU. WE BELIEVE THAT WAS PART OF THE COUNCIL'S LANGUAGE THAT WAS ADDED. I SEE. THEN AS FOR SUCH CONDITION, WOULD THAT REQUIRE A GEOTECHNICAL INVESTIGATION TO OCCUR P PRIOR TO ANY CONSTRUCTION OR PRIOR TO ANY OF THE OTHER P STEPS MOVING FORWARD? ANY OF THE OTHER STEPS. >>Testifier: I BELIEVE SO. YES. RIGHT? >>Councilmember Cordero: HOW IS THAT REPORTED ON? >>Testifier: WE'RE NOT SURE. WE CAN FIND OUT. >>Vice Chair Dos Santos Tam: >>Councilmember Cordero: THANK YOU DIRECTOR. THANK YOU DIRECTOR. I GUESS IN ADDITION TO THAT, HOW IS THAT NORMALLY REPORTED BACK TO, DOES THE APPLICANT NORMALLY REPORT THAT BACK TO DPP AND I GUESS BACK TO THE COMMITTEE AS WELL? OR COMMUNITY AS WELL? >>Testifier: I MEAN, IT WOULDN'T NECESSARILY COME BACK TO THE COUNCIL. BUT THROUGH THE BUILDING PERMIT PROCESS, THAT WOULD GO THROUGH OUR SITE DEVELOPMENT DIVISION. AND SO IT WOULD BE PART THAT PROCESS. >>Councilmember Cordero: THANK YOU. THANK YOU VERY MUCH. I YOU ACCIDENTALLY SAID COMMITTEE BUT I MEANT COMMUNITY. BUT SO IT WOULD BE THEN FOR THEM TO KEEP IN CHECK THE BUILDING PERMIT STATUS THEN? >>Testifier: YEAH. THAT WOBBLE, I WOULD BE THAT WOD BE-DISH UNDERSTAND. ER. >>Councilmember Cordero: THANK YOU. >>Chair Kia'aina: ANY OTHER QUESTIONS? I DID WANT TO NOTE FOR THE MEMBERS, THAT THE DEPARTMENT OF HOUSE AND LAND MANAGEMENT UNTIL A LETTER DATED TO MYSELF AND MEMBERS, ON OCTOBER 14, IN A LETTER SUBMITTED A LETTER, ASKING WAS TESTIMONY, THAT THE CURRENT 2 YEAR EXTENSION BE DECREASED TO ONE YEAR, AND I WANTED TO CALL UP THE DIRECTOR TO HAVE A DISCUSSION ON THIS. AND I ALSO RECOMMEND IN THE FUTURE, FOR ANY AGENCY, THAT IS NONDPP, THAT HAS A MATTER BEFORE THIS COMMITTEE, IF THEY WERE GOING TO BE SENDING SOMETHING OF THIS NATURE, THAT CHANGES THE UNDERLYING RESOLUTION, THAT I WOULD APPRECIATE A MORE ROBUST DISCUSSION AND NOT SIMPLY SENDING A LETTER LIKE THIS AND THE REASONS IMPORTANT IS THAT WHEN THEY ARE UNDERTAKING DUE DILIGENCE EFFORTS FOR ACQUISITION, IT'S A VERY LENGTHY PROCESS. AND THE HISTORY OF SMA IS THAT WE HAVE EXTENDED IT REPEA REPEATEDLY. AND SO THERE ARE CONCERNS THAT A ONE YEAR EXTENSION MAY BE INSUFFICIENT TIME. SO MY QUESTION TO YOU IS, I TALKED TO YOU GUYS ON MONDAY. AND YOU HAD STATED THAT YOU WANTED GREATEST EXAMPLE GREATEST PRESIDENTIALELECTION I. WE DON'T HAVE TO BE SEEING THIS RESOLUTION AGAIN. GREATEST FLEXIBILITY. I'M SORRY, I'M SORRY. WE'RE TALKING ABOUT THE PUPUKEA ONE. OKAY. SORRY. OKAY. ANY OTHER QUESTIONS ON THIS? ANY QUESTIONS ON THIS? IF NOT, WE'RE GOING TO MOVE FORWARD. SORRY, YOU GUYS I CONFUSED THIS WITH THE PUPUKEA ONE. SINCE I SAW COUNCILMEMBER WEYER IN THE COMMITTEE. THREW ME OFF A LITTLE BIT. RECNO FURTHER DISCUSSION ON THI. CHAIR RECOMMENDS RESOLUTION 25-253 BE AMENDED TOED POSTED CD1. UNLESS ANY ANYBODY WANTS TO TALK ABOUT SHORT-TERM RENTALS WITH THE AGENT, IF THERE ARE NO QUESTIONS ON THAT, BECAUSE YOU STATED THAT'S GOING TO BE HOMEOWNERS. RIGHT? IF THERE IS NO FURTHER DISCUSSION, OR ANY OBJECTION, OR RESERVATIONS, THE RESOLUTION HAS BEEN AMENDED TO A CD1. CHAIR THEN RECOMMENDS THAT RESOLUTION 25-253 CD1 BE REPORTED OUT FOR ADOPTION. ANY DISCUSSION? ANY OBJECTION OR RESERVATIONS? HEARING NONE. SO ORDERED. HERS >> RESOLUTION GRANTS SPECIAL MANAGEMENT AREA MAJOR PERMIT TO JONATHAN HERAUX ALLOW FOR CONSTRUCTION NEW THREE IS STORY UNIT DWELLING WITH COVERED A NICE AND GROUND LEVEL PARKING TO ACCOMMODATE 6 WEEKS. WASTEWATER ASSIST TEN AND PREVIOUSLY CONSTRUCTED CONCRETE MACY'S ONRY UNIT. WALL, MASONRY. NORTH WEST AND EAST PROPERTY BOUNDARIES 8,335 SQUARE FOOT NONSHORELINE LOT R5 RESIDENTIAL DISTRICTS. 66-348 HALEIWA ROAD IN HALEIWA. IDENTIFIES THE AS TAX MAP KEY, 66--08:019. CD1 VERSION THE RESOLUTION I SUBMITTED. FOR YOUR VERSION IN. SUMMARY OF THE AMENDMENTS LISTED ON THE AGENDA. PROJECT SITE IS NOT SHORELINE ZONING LOT. BUT REQUIRES SPECIAL MANAGEMENT AREA MAJOR PERMIT. BECAUSE PROJECT IMPROVEMENTS ARE VALUED AT MORE THAN $500,000. AND THE SITE IS LOCATED WITHIN FLOOD ZONE BE WHICH IS THE COASTAL HAZARD HIGH HAZARD ZONE AND REQUIRES COMPLIANCE WITH SPECIAL FLOOD HAZARD REQUIREMENTS OF ROH CHAPTER 2ASPACE ELEVATED APPROXIMATELY 15 FEET ABOVE AMEN SEA LEVEL. HEIGHT LIMIT AND UNDERLYING DISTRICT IS 25 FEET. -- MEAN SEA LEVEL) UNDER LAND USE ORDINANCE HIGHEST POINTS OF STRUCTUR ST STRUCTURE MAY EXD 5 FEET. ELEVATED AT OR ABOVE THE BASE FLUTED FLOOD ELEVATION LEVEL. HEIGHT 35 FEET. 3.2 SEA LEVEL RISE BY THE YEAR 2100 AND PROJECT DWELLING IS WITHIN THE 3.2-FOOT SEA LEVEL RISE EXPOSURE AREA. PROJECT SITE IS NOT A SHORELINE LOT. LOCATED APPROXIMATELY 500 FEET MAUKAING OF THE SHORELINE. AND THE DWELLING COULD NOT REASONABLY BE PROVED FURTHER MAUKA. CONDITION B2 OF THE PROPOSED CD1 REQUIRES APPLICANT TO ACKNOWLEDGE AND TAKE RESPONSIBILITY FOR THE CLEAN-UP. AND RESTORATION OF THE PROJECT SITE. IN THE EVENT OF COASTAL HAZARDS RELATED LOSS OF PROPERTY. CONCRETE MASONRY UNIT WALL PROJECT SITE ALONG THE NORTHWEST AND EAST PROPERTY BOUNDARIES BUILT WITHOUT BUILDING PERMIT. EL NOTICE OF VIOLATION WHICH ISSUED DECEMBER 2023. WHICH REQUIRED APPLICANT TO ANTIBIOTIC TAN A BUILDING PERMIT BY -- OBTAIN BUILDING PERMIT BY 2024. PER KNIT NOT BE ISSUED UNTIL THIS SMA PERMIT APPROVED. RESOLUTION IS PART OF ACTION REQUIRED FOR THE APPLICANT. TO RESOLVE THE NOTICE OF VIOLATION AND OBTAIN BUILDING PERMIT FOR THE WALL. LETTER DATED JULY 25, 2025, STATE HISTORIC PRESERVATION DIVISION INDICATE THE THAT WHILE NO ARCHAEOLOGICAL OR HISTORIC RESOURCES PREVIOUSLY IDENTIFIED IN ADVICE CONTINUE OF PROJECT, THERE WAS NO DATA TO SUPPORT THE FIND US. VICINITY GEORGE BUSH NO ARCHAEOLOGICAL OR -- FINDINGS. NO ARCHAEOLOGICAL EXIST ON SIDE RECOMMENDED PREPARATION OF ARCHAEOLOGICAL INVENTORY SURVEY TESTING FOR THE PROBABLY SITE PREVIOUSLY MENTIONED DIVISION DID NOT RECOMMEND, SURVEY FOR THE PROJECT A SOARNLGT ASSOCIATED WITH RESOLUTION 25-253, WHICH IS IN THE VICINITY OF THE PROJECT SITE. AND HAS VERY SIMILAR GEOLOGICAL CHARACTERISTICS. FOR PURPOSES OF TREATING SIMILARLY SITUATED PROJECTS IN THE SAME WAY, CONDITION D OF THE PROPOSED CD1 INCLUDES CONDITIONS REQUIRING APPLICANT SUBMIT TO THE DEPARTMENT COPY OF THE DIVISION WRITTEN ACCEPTANCE OF THE PROJECT ARCHAEOLOGICAL MONITORING PLAN, AROUND TO IMPLEMENT ALL MITIGATION PROTOCOLS APPROVED OTHER WISE REQUIRED BY THE DIVISION. PROJECT INVOLVES DISTURBANCE OF APPROXIMATELY 153 CUBIC YARDS OF SOIL. MATERIAL FOR SITE PREPARATION, CONSTRUCTION KAKOU ACTIVITIES POST AND PEER FOUNDATION REQUIRES STRUCTURAL FILL MATERIAL. ALSO STRUCTURE FILLED MATERIAL WILL BE SOURCED ON SIDE. BAILU NO IMPORTATION OF -- WHILE NO IMPORTATION STRUCTURED FILL MATERIAL PROPOSED. CONSTRUCTION MAY PATHOGEN PEST OR PLAN. CONDITION F REQUIRES APPLICANT TO COMPLY WITH CERTAIN PROTOCOLS TO MINIMIZE SPREAD OF INVASIVE SPECIES. JOINING US IN THE CHAMBER IS MARK HOWLAND FROM WELL ENVIRONMENTAL SERVICES, PROVIDING BRIEF PRESENTATION. YOUR INFORMATION, PRESENTATION IS AVAILABLE ONLINE AS MISCELLANEOUS COMMUNICATION 542, 2025. MISS LANES >>Testifier: THIS IS OUR RESOLUTION 25, 254. CD1. 66348 HALEIWA ROAD THIS HALEIWA. THERE ISEL LOC LOCUS. 5, 6 LOTS AWAY FROM PREVIOUS RESOLUTION. SEPTIC ENGINEER AGENT FOR THE DEPARTMENT. THIS PROJECT AS WELL. THIS IS NO EROSION AREA. MAINLY LOT. 8,735 SQUARE FEET. SHORELINE NOT NEARBY. CONSTRUCTION OF FOUR BATH, FOUR BEDROOM 3 BATH SINGLE FAMILY DWELLINGING. CARPORT, ONLY PERVIOUS. >>Testifier: IMPERVIOUS AREAS PILING SUPPORTING THE HOUSE. UNDERNEATH THE CARPORT GRAVEL OR PEAHI STONE PEA STONE. OVER 500,000, SMA MAJOR. TRIBSD TO INTERESTED PARTIES. DISTRIBUTED. PLANNED PROJECT. HOW IT LOOKS CRUR CURRENTLY OWNR IN TRUE GREEN SOLAR IN WAHIAWA. MOVING HIS WIFE REDESIGNED IN HOUSE SEVERAL TIMES AND THEY'RE MOVING HERE R FULL-TIME. CURRENTLY, SITE HOSTS WORKSHOP SOLAR BUSINESS. AS YOU CAN SEE, CARPORT JUST A LITTLE SQUARES. FOUNDATION THAT WILL COVER STAIRS CREATE IMPERVIOUS SURFA. SITE OF THE WORKSHOP, LAWN AREAS REAPPORTIONMENT COMMISSION WALL OUT FRONT. PAYMENT RATES DOUBLE NOV FILING FREE STRUCTURES. HE PAID THE. SILTY CLAYS. ON ALL OF SITES. AGAIN, IMPACTED ALMOST TOTALLY BY THE 3.2. IMPACTED BY IT. NO COASTAL EROSION INDICATORS. UNSTUDIED AREA. HOWEVER, THERE IS A VEGETATION COASTAL EROSION LINE ALONG IT'S SHORELINE. ALONG THE SHORELINE. HURRICANE SURGE, MOST HALEIWA, CATEGORY 4 AFFECTS EVERYBODY. EFFECTIVE AS WELL. BEEN STRUCTURALLY DESIGNED TO IMPACT. CRITICAL HABITAT, NOTHING ON THE SITE. AGAIN, THESE PROPOSED CRITICAL HUMPBACK AT THAT TIME FOR THE CREDITEDHABITAT MONK SEAL AND JH GREIGREINACHER SEA TURTLINGS. PLOT PLAN. GREEN SEA TURTLES. BOTH PROJECTS SHALLOW FOUNDATION RECOMMEND AFTER THE ARCHITECT. WE THANK DPP FOR THE HELP THEY, GR GAVE US BOTH OF PROJECTS. ANY QUESTIONS. >>Chair Kia'aina: QUESTIONS FOR MR. HOWLAND? B&F I CALL ADMINISTRATION, I WOULD LIKE TO TAKE PUBLIC TESTIMONY FIRST WITH IN-PERSON TESTIMONY. DO WE HAVE ANY IN PERSON TESTIFIERS? FOR THIS ITEM? >>Council Clerk: CHAIR, THERE ARE NONE. >>Chair Kia'aina: ANYONE ELSE IN THE CHAMBER WOULD LIKE IT TESTIFY? SEEING NONE. ANYONE ELSE PRECEDING REMOTE TESTIMONY. ANY REMOTE TESTIFIERS FOR THIS ITEM? >>Council Clerk: CHAIR,EL THERE ARE NONE. >>Chair Kia'aina: DEPARTMENT, DAWN TAKEUCHI APUNA. >>Testifer: THANK YOU CHAIR. WE ARE SUPPORTIVE OF THE PROPOSED CD1. EL AVAILABLE FOR ANY QUESTIONS. >>Chair Ki >>Chair Kia'aina: MEMBERS, ARE THERE ANY QUESTIONS? COUNCILMEMBER CORDERO. >>Councilmember Cordero: THANK YOU CHAIR. I DO HAVE A QUESTION. FOLLOW-UP TO COUNCILMEMBER KIA'AINA'S BRINGING UP OF THE DEPARTMENT OF HOUSING AND LAND MANAGEMENT REQUEST FOR A ONE YEAR EXTENSION FOR THE SMA. WHAT IS THE, WHAT WOULD THE DIFFERENCE BE AND HOW DOES DPP FEEL ABOUT THAT POSITION? >>Chair Kia'aina: I WAS MISTAKEN ON THE SMA. AT THE APPROPRIATE TIME, THAT WILL BE FOR AGENDA ITEM NUMBER 7. >>Testifier: I STAND CORRECTED. >>Chair Kia'aina: DMAWR COUNCILMEMBER WEYER CAME IN AND RAQUEL CHEW TESTIFIED. SO I GOT CONFUSED AND I SEE HIM OVER THERE. TALKING TO DPP. BECAUSE WE'RE GOING TO HAVE A ROBUST DISCUSSION. AT THE APPROPRIATE TIME,. >>Councilmember Cordero: I STAND CORRECTED. >>Chair Kia'aina: THANK YOU. AT LEAST TWO TIMES ALREADY. BUT BECAUSE ALL OF THESE SMAs ARE IN THE SAME VICINITY, I THINK THANK YOU SO MUCH. >>Councilmember Cordero: THANK YOU CHAIR. >>Chair Kia'aina: NOEL FURTHER DISCUSSION, CHAIR RECOMMENDS THAT RESOLUTION 25-254 BE HADN'T MADAM PELED POSTED CD1. AMENDED. ANY DISCUSSION OR DISCUSSION OR RESERVATIONS? HEARING NONE. RESOLUTION BEEN AMENDED CD1. CHAIR RECOMMEND THAT IS RESOLUTION 25-254 CD REPORTED OUT FOR ADOPTION. ANY DISCUSSION? ANY OBJECTIONS OR RESERVATIONS? WHAT YOU'RING NONE. SO ORDERED. MOVING TO AGENDA ITEM NUMBER 5. HEARING NONE SO ORDERED. FOR ACTION, RESOLUTION 25-260, RESOLUTION GRANTS SPECIAL MANAGEMENT IMAGINE IRP IRMAJOR PERMIT TO JENNIFER KIM TRUST ALLOW FOR CONSTRUCTION OF TWO STORY SINGLE DWELLING UNIT OF ATTACHED TWO GAR GARAGES SWIMMING POOL AND SPA, BARBECUE FREESTANDING PERIMETER WALL, 6 FEET IN HEIGHT, AUTO COURT WITH FOUR VEHICLE PARKING SPACES, AND ONE OPEN PARKING SPACE NEXT TO THE POOL. ON A 23,195 SQUARE FOOT NONSHORELINE ZONE LOT. ZONED R5, RESIDENTIAL DISTRICT. LOCATED 475 KAHALA AVENUE. UNTIL WAIALAE KAHALA 4705. TAX MAP KEY 353-5-005:04 SUMMARY AMENDMENT LISTED ON AGENDA. OPEN AUTOMOBILE PARKING SPACE NEXT TO THE POOL WILL BE ACCESSED FROM THE ADJACENT PARCEL. IDENTIFIED TAX MAP 3-5-005:076 OWNED BY KAMEHAMEHA SCHOOLS LEASED BY THE CITY. AMOUNTED CANDIDATE HAS NOT CONFIRMED ACCESS RIGHTS OVER PAR SELL 76. CONDITION B OF THE PROPOSED CD1 PROVIDES PRIOR TO THE ISSUANCE OF BUILDING PERMIT FOR THE PROJECT, APPLICANT IS REQUIRED TO SUBMIT TO THE DEPARTMENT A DEED EASEMENT OR OTHER LEGAL DOCUMENT SHOWING ACCESS RIGHTS ON OVER AND ACROSS PARCEL 76. THE PROJECT SITE IS NOT SHORELINE ZONING LOT. BUT THE PROJECT EXCEEDS 7500 SQUARE FEET. FLOOR AREA AND PROJECT IMPROVEMENTS ARE VALUED MORE THAN 500,000. SO THE PROJECT REQUIRES SPECIAL MANAGEMENT AREA MAJOR PERMIT. THE PROJECT SITE IS NOT ANTICIPATED TO BE IMPACTED BY 3.2 FEET OF SEA LEVEL RISE. BY THE YEAR 2100. BUT IS LOW EXCITED WITHIN FLOOD ZONE AE. A FRINGE FLOOD AREA THAT IS WITHIN THE FLOOD HAS AREA MUST COMPLY WITH SPECIAL FLOOD HAZARD REQUIREMENTS OF ROH CHAPTER 21A. DWELLING WILL BE ELEVATED A APPROXIMATELY 9 FEET ABOVE MEAN SEA LEVEL. C2 PROPOSED CD1 REQUIRES APPLICANT TO ACKNOWLEDGE AND TAKE RESPONSIBILITY FOR THE CLEAN-UP AND RESTORATION OF THE PROJECT SITE IN THE EVENT OF COASTAL HAZARD RELATED LOSS OF PROPERTY. THE LITERATURE REVIEW AND FIELD INSPECTION FOR THE PROJECT SITE PREPARED BY KEALA PONO ARCHAEOLOGICAL CONSULTING RECOMMENDS PREPARATION OF ARCHAEOLOGICAL INVENTORY SURVEY. ARCHAEOLOGICAL STUDIES CONDUCTED IN THE VICINITY PROJECT SITE DOCUMENTED ARCHAEOLOGICAL SITES AN IWI KUPUNA OR NATIVE HAWAIIAN ANCESTRAL REMAINS TO THE NORTHEAST AND SOUTH SOUTHWEST PROJECT SITE. MOSTEL SOIL ON SOA CLASSIFIED SEAHAWKS SAND HAS HIGHER LIKELIHOOD, OF CONTAIN BEING SUBSURFACE ARCHAEOLOGICAL STEVEN TSI IWI KUPUNA. JOHN MCCAIN SAND. FIELD INSPECTION TOTS JAUCAS SAND. WITH THE EXPECTATION THAT SURVEY WILL BE REQUIRED FOR THE PROJECT SITE. CONDITION E. PROPOSED CD1 INCLUDES CONDITIONS, REQUIRING APPLICANT TO PREPARE AND SUBMIT TO THE DIVISION ARCHAEOLOGICAL INVENTORY SURVEY AND TO IMPLEMENT ALL MITIGATION PROTOCOLS APPROVED OR OTHERWISE REQUIRED BY THE DIVISION. APPLICANT PROPOSALS IMPORTING APPROXIMATELY 534 CUBIC YARDS OF STRUCTURAL FILL. MATERIAL FOR THE PROJECT PERIMETER WALL. COLUMN FOOTINGS, CONCRETE SLABS AND UTILITY INFRASTRUCTURE. NO IMPORTATION OF SOIL FILL MATERIAL IS PROPOSED. SINCE STRUCTURAL FILL MATERIAL MAY CONTAIN INVASIVE PATHOGENS PEST OR PLANTS. PROPOSED CD1 INCLUDES CONDITION G. APPLICANT COMPLY WITH CERTAIN PROTOCOLS TO MINIMIZE SPREAD OF VIDEO GAMES. INVASIVE SPECIES.JIM HAYES PROVF PRESENTATION. PRESENTATION IS AVAILABLE ONLINE AS MINI MISCELLANEOUS COMMUNICATION 543, 2025. >>Testifier: THANK YOU CHAIR. THANK YOU FOR THE REVIEW OF THE PROJECT. AND PEOPLE CAN SEE HERE THAT'S IN THE KAHALA AREA. AND R5 ZONING DISTR DISDISTRICT. NOT ON THE SHORELINE OR MAKAI SIDE OF KAHALA AVENUE. HASN'T BEEN DEVELOPED A WHILE WHILE. AERIAL PHOTOGRAPH FROM 2022. IT WAS PREVIOUSLY DEVELOPED FOR SINGLE FAMILY HOUSE. USE. SINCE THIS PHOTO TAKEN, SITE BEEN CLEARED IN PREPARATION FOR THE DEVELOPMENT OF THIS PROPOSAL. EL SHOWING THE SHORELINE HAZARD AREAS, SITE IS MAUKA OF ALL THE SHORELINE HAZARD AREAS. THIS SHOWS THE LAYOUT OF THE PROPOSED DEVELOPMENT. WHICH IS ON MAUKA SIDE OR THE KAHALA ABERCROMBIE AVENUE SIDE OF THE SITE. AND KAHALA AVENUE. MENTIONED KAMEHAMEHA SCHOOLS OWNED RIGHT OF WAY OR PARCEL THAT IS USED AS SHORELINE ACCESS. BUT I WILL POINT OUT THAT WHEN YOU LOOK AT THE AERIAL PHOTOGRAPHS HERE, ALL OF THE RESIDENTIAL USES BORDERING THAT KAMEHAMEHA SCHOOLS PARCEL USE THAT PARCEL FOR ACCESSING THEIR RESIDENCES. AND OUR CLIENT IS IN THE PROCESS OF OBTAINING AND COMPLYING OBTAINING THE PROOF OF ACCESS TO COMPLY WITH THE CONDITION OF THE SMA PERMIT. SO ANTICIPATE THAT THAT WILL BE AVAILABLE SOON. THAT'S THE END OF MY PRESENTATION. IF ANYONE HAS ANY QUESTIONS HAPPY TO ANSWER. THANK YOU. >>Chair Kia'aina: MEMBERS ANY HE QUESTIONS FOR THE AGENT? BEFORE I CALL P ADMINISTRATION, LIKE TO TAKE PUBLIC TESTIMONY. PRECEEDING FIRST IN-PERSON TESTIMONY, COUNCIL CHAMBER. CLERK ANY IN-PERSON TESTIFIERS FOR THIS ITEM. >>Council Clerk: CHAIR, THERE ARE NONE. >>Chair Kia'aina: IS THERE ANY REMOTE TESTIFIERS? >>Council Clerk: CHAIR, THERE ARE NONE. >>Chair Kia'aina: FOR THE ADMINISTRATION, AGAIN, WE HAVE DIRECTOR DAWN TAKEUCHI APUNA. >>Testifier: THANK YOU CHAIR. WE'RE SUPPORTIVE THE PROPOSED CD1. FOR THIS RESO. >>Chair Kia'aina: MEMBERS ANY QUESTIONS FOR THE DIRECTOR? OR ANY FURTHER DISCUSSION? SEEING NONE. RESOLUTION 25-260 BE AMEND TO DO POSTED CD1. ANY DISCUSSION? ANY OBJECTION OR RESERVATIONS? HEARING NONE. RESOLUTION HAS BEEN AMENDED TOY CD1. CHAIR THEN RECOMMENDS THAT RESOLUTION 25-260 CD1 BE REPORTED OUT FOR ADOPTION. ANY DISCUSSION? ANY OBJECTIONS? OR RESERVATIONS? HEARING NONE SO ORDERED. MOVING TO AGENDA ITEM NUMBER 6. FOR ACTION. RESOLUTION 25-269. RESOLUTION GRANTS SPECIAL MANAGEMENT AREA MAJOR PERMIT TO THE BANK OF HAWAII. TO A FLOUTER DEMOLITION OF EXISTING COMMERCIAL BUILDING CON YOU CAN STR NEW TWO STORY BANNING BRANCH FACILITY INCLUDES COMMERCIAL OFFICERS SPACE, BANK, INSTALLATION OF LANDSCAPING ON APPROXIMATELY, 10,920 SQUARE FOOT NONSHORELINE LOT. ZONED B2 COMMUNITY BUSINESS DISTRICT. LOCATED 665 OR KALANIANAOLE HIGHWAY IN HAWAII KAI. AND IDENTIFIED TAX MAP KEY 390-1040. WE HAVE POSTED ON AGENDA CD1 VERSION OF THE RESOLUTION. WHICH I SUBMITTED. FOR YOUR INFORMATION, SUMMARY OF THE AMENDMENTS IS LISTED ON AGENDA. I WOULD LIKE FROAP VERBAL AMENDMENTS IN RESPONSE TO REQUEST FROM THE APPLICANT. LIKE TO PROPOSAL. FIRST RESOLUTION TITLE AN FIRST WHEREAS CLAUSE, DELETE WORD OFFICE SO THAT REFERENCE IS TO COMMERCIAL SPACE. PROJECT INCLUDES RESTAURANTS SPACE. SECOND, AMEND CONDITION D4 TO ADD THE WORD EXTERIOR SO THAT READS, ALL EXTERIOR PROJECT SITE WORK AND CONSTRUCTION ACTIVITIES ARE LIMITED TO DAYLIGHT HOURS. ACCORDING TO THE APPLICANT, SOME INTEERP UHERO WORK IS PERFORMED DURING THE NIGHTTIME HOURS. INTERIOR, FINALLY, SHALL IT FINALLY RESOLVED CLAUSE, LISTED NAME CONTACT PERSON IN THE BANK OF HAWAII. NATALIE FOGLE. SITE CONSISTS PORTION SIX JOINTLY DEVELOPING LOTS TOTALLY APPROXIMATELY 1,194,850 SQUARE FEET. AND AREA THAT COMPRISED OF HAWAII KAI, TOWN CENTER. AND IDENTIFIED TAX MAP KEY 3901, 011. 016, 034, 040 AND 041 AND 042. 1989 CONDITION USE PER METAALLOWED FOR JOINT DEVELOPMENT. SIX PARCELS CONSIDERED ONE ZONING LOT FOR DEVELOPMENT PURPOSES. PERMIT ALLOWED. PROJECT NOT NOT SHORELINE LOT COMMERCIAL PROJECT. REQUIRES PERMIT. MAUKA KALANIANAOLE HIGHWAY. 153 FEET FROM THE PRESUMED SHORELINE WHICH IS HARD INNED BY SEA WALL. APPROXIMATELY 10% OF THE PROJECT SITE ALONG KALANIANAOLE HIGHWAY WILL BE IMPACTED -- R HAR EARNED 3.2 SEA LEVEL RISE BY 2100. PROJECT BUILDING OUTSIDE OF THE 3.2-FOOT SEA LEVEL RISE EXPOSURE AREA. PROJECT SITE IS LOCATED WITHIN FLOOD ZONE E, FRINGE FLOOD AREA THAT IS WITHIN THE FLOOD HAZARD AREA AND REQUIRES COMPLIANCE. WITH SPECIAL FLOOD ASTRAZENECA R HAZARD REQUIREMENTS OF ROH CHAPTER 21A. GLAD HAZARD REQUIREMENTS. ELEVATED 9 FEET MONDAY MEAN SEAL LEVEL. B2 PROPOSED CD1 REQUIRES APPLICANT TO ACKNOWLEDGE TAKE RESPONSIBILITY FOR THE CLEAN-UP AND RESTORATION OF PROJECT SITE. IN THE EVENT OF COASTAL HAZARD RELATED LOSS OF PROPERTY. ENVIRONMENTAL ASSESSMENT PREPARED. FOR THE PROJECT. AND DEPARTMENT OF PLANNING AND PERMITTING ISSUED FINALLING OF NO SIGNIFICANT IMPACT AND MARCH 23, 2025, AND ARCHAEOLOGICAL LITERATURE REVIEW FILLED INSPECTION FOR THE PROJECT SITE. WAS CONDUCTED BY ASM AFFILIATES. NO ABOVE GROUND ARCHAEOLOGICAL OR HISTORIC RESOURCES WERE IDENTIFIED. CONDITION C OF THE PROPOSED CD1 INCLUDES STANDARD STOP WORK REQUIREMENT IN THE EVENT UNKNOWN ARCHAEOLOGICAL RESOURCES OR HISTORIC PROPERTIES ARE DISCOVERED DURING CONSTRUCTION. PROJECT SITE WORK INCLUDES GRADING, APPROXIMATELY 0.17 ACRES. DISTHANK YOUING TOTAL OF 0.35 AIRCRAFT. DISTURBING) EXISTING LANDSCAPING REMOVE AND REPLACED. 0.35 ACRES. PROJECT LANDSCAPING FOCUS NATIVE AND POLYNESIAN BRANDT POLYNESIAN GRANTS.NO STRUCTURALD NEW LANDSCAPING MATERIALS MAY CONTAIN IS I INVASE IRCHES PPATHOGENSOR PLANS. CONDITION E REQUIRES A A.M. COULDN'T TO MAKAI WITH CERTAIN COMES TO MINIMIZE SPREAD OF VIDEO GAMES. JOINING US IN THE CHAMPIONSHIP BERHOW, -- INVASIVE SPECIES. PROVIDING BRIEF PRESENTATION. FOR YOUR INFORMATION, THE PRESENTATION IS AVAILABLE ONLINE AS MASONMMISCELLANEOUS C. >>Testifier: GOOD MORNING. APPLICANT IS BANK OF HAWAII. PROJECT SITE IS LOCATED HAWAII KAI TOWN CENTER. TAX MAP KEY IS IDENTIFIED AS 3-9-17 PARCEL 40. PART OF THE GREATER HAWAII KAI TOWN CENTER. PROPERTY. LOCATED ENTIRELY WITHIN THE SMA. TOPOGRAPHY RELATIVELY FLAT. THE WITH THE FOOTPRINT ELEVATION OF APPROXIMATELY 7 FEET ABOVE MEAN SEA LEVEL. THE LANDOWNER BISHOP TRUST ESTATE. PROJECT AREA IS APPROXIMATELY QUARTER OF AN ACRE. AND EXISTING USES AS STAND ALONE RESTAURANT BUILDING FORMALLY OUT BACK STEAKHOUSE AND MORE RECENTLY SCRATCH KITCHEN HAWAII KAI. LOCATION. THE ZONING DISTRICT IS B2. AND THE PROJECT INVOLVE DEMOLITION OF EXISTING STAND ALONE RESTAURANT BIMEDDING AND REPLACEMENT WITH A NEW BANK OF I WOULD BRANCH BANK BUILDING, SMALLER GROUND FLOOR FOOTPRINT. RESTAURANT BUILDING TWO STORY DESIGN WITH A GROUND FLOOR, COMPOSE OF BANK BRANCH, RESTAURANT RETAIL AND LANAI. SECOND FLOOR OFFICE SPACE AND LANAI. POST CONSTRUCTION NO REDUCTION IN THE NUMBER OF EXISTING PARKING STALLS. HERE IS SITE PLAN. AS YOU CAN SEE. THE FIRST FLOOR WILL HAVE BANK BRANCH. ON THE LEFT. AND ON RIGHT, IS THE POTENTIAL RETAIL OR RESTAURANT SPACE. SECOND FLOOR OFFICE SPACES. AND LANAI. THE PROJECT IS DESIGNED TO BE RAYED-RESOURCE EFFICIENT AND REGIONALLY RELEVANT. HIGHLIGHTING MARITIME INFLUENCE O ON THE COMMUNITY. HERE IS BUILDING ELEVATION. MAKAI FACING PART OF BUILDING. MAUKA FACING BUILDING. ELEVATION. THIS WILL SIDE ELEVATION. FACING ROY'S I BELIEVE. AND SIDE ELEVATION FACING KOKO HEAD. INITIAL CONSTRUCTION ESTIMATE IS $5 MILLION. ANTICIPATED START OF CONSTRUCTION IS UPON APPROVAL OF SMA PERMIT. AND ESTIMATED CONSTRUCTION ADMINCON DURATION ISTEN MONTHS. PRESENTATION IS MADE TO THE NEIGHBORHOOD BOARD. ESTIMATED CONSTRUCTION. APRIL OF 2024. NO ACTION TAKEN BY THE NEIGHBORHOOD BOARD. AND PUBLIC HEARING WAS HELD ON JULY 25, OF THIS YEAR. DRAFT E.A. PUBLISHED IN DECEMBER 2024, AND FINAL E.A. WITH THE FONSI WAS PUBLISHED IN MARCH OF THIS YEAR. THANK YOU. AND AVAILABLE FOR QUESTIONS. >>Chair Kia'aina: MEMBERS ANY IT QUESTIONS? BEFORE I CALL UP THE ADMINISTRATION, I WOULD LIKE TO TAKE PUBLIC TESTIMONY. PRECEDING FIRST IN-PERSON TESTIMONY IN THE CHAMBER. CLERK ANY IN-PERSON TESTIFIERS? >>Council Clerk: CHAIR, THERE ARE NONE. >>Chair Kia'aina: IS THERE ANYONE ELSE IN THE CHAMBER WHO WOULD LIKE TO TESTIFY? SEEING NONE. PRECEDING WITH REMOTE TESTIMONY. ANY REMOTE TESTIFIERS? >>Council Clerk: CHAIR, WE HAVE ONE STANDING BY. >>Chair Kia'aina: I SEE, IS THIS WHO IS THE O, MR. DEMO DEMSY PLEASE PROCEED. >>Testifier: YES. SEVERAL ENGINEER CONSULTING FOR THE PROJECT. JUST AVAILABLE IF THERE'S ANY QUESTIONS. >>Chair Kia'aina: MEMBERS QUESTIONS? THANK YOU. WE HAVE A ROBERT DOMINGO SIGNED UP TO TESTIFY. CLERK IS MR. DO MIDDLE INCOME OWE ON. >>Council Clerk: CHAIR,. DOMINGO ON. >>Council Clerk: CHAIR, NO. >>Chair Kia'aina: ANYONE ELSE LIKE TO TESTIFY ON THIS ITEM? RAISED HAND BUTTON. SEEING NONE. FOR THE DEPARTMENT, WE HAVE DAWN TAKEUCHI APUNA. >>Testifier: THANK YOU CHAIR. WARRIOR SUPPORTIVE OF THE PROPOSED CD1 FOR THIS SMA. WE'RE SUPPORTIVE. >>Chair Kia'aina: GHI FOR THE DIRECTOR OR ANY QUESTIONS IN GENERAL FOR FURTHER DISCUSSION? SEEING NONE. CHAIR RECOMMENDS THAT RESOLUTION 25-269 BE AMENDEDMENT POSTED CD1. FURTHER AMENDED AS WE DISCUSS. TO FIRST RESOLUTION TITLE. FIRST WHEREAS CLAUSE, DELETE THE WORD OFFICE. SO REFERENCE IS TO COMMERCIAL SPACE. SECOND, AMEND CONDITION D, FOR TO READ ALL EXTERIOR PROJECT SITE WORK AND CONSTRUCTION ACTIVITIES ARE LIMITED TO DAYLIGHT HOURS. AND THIRD, IN THE BE IT FINALLY RESOLVED CLAUSE, LIST NAME OF CONTACT PERSON IN THE BANK OF HAWAII NATALIE FOGLE. ANY DISCUSSION? ANY OBJECTIONS? RESERVATIONS? HEARING NONE. RESOLUTION HAS BEEN AMENDED TOY CD1. CHAIR THEN RECOMMEND THAT IS RESOLUTION 25-269 CD1 BE REPORTED OUT FOR ADOPTION. ANY DISCUSSION? ANY OBJECTION OR RESERVATIONS? HEARING NONE. SO ORDERED. MOVING ON TO AGENDA ITEM NUMBER 7. FOR ACTION, RESOLUTION 25-261, RESOLUTION AMENDS RESOLUTION 18-245, CD1, FD-1, AS AMEND BY RESOLUTION 25-115, CD1, AND FURTHER AMENDED BY RESOLUTION 25-253, CD1, TO FURTHER EXTEND THE DEADLINE TO OBTAIN DEVELOPMENT PERMIT FOR RURAL COMMUNITY COMMERCIAL CENTER, OUT A ASSOCIATED IMPROVEMENTS IN PUPUKEA OAHU. MEMBERS WE HAVE POSTED ON AGENDA CD1 VERSION THE RESOLUTION. WHICH I SUBMIT THED FOREYOUR INFORMATION, SUMMARY IS LISTS ON THE AGENDA. WHICH I SUBMITTED. NOVEMBER 14, 20, 2018 ADOPTION OF RESOLUTION 18-24, CD1, FD FD-1, KAUNA PROFFERED SPECIAL MANAGEMENT AREA PERMIT PROPOSED BY HANA POHAKULLC. SULLIVAN FAMILY LIMIT THE PARTNERSHIP. AND MAURICE AND JOANNE SULLIVAN FAMILY FOUNDATION TO ALLOW FOR THE DEVELOPMENT OF RURAL COMMUNITY COMMERCIAL CENTER. OUTDOOR GATHERING EATING AREAS TWO PARKING LOTS WITH 126 VEHICLES PARK SPACES, NEW INDIVIDUAL WASTEWATER SYSTEM, LOW IMPACT DEVELOPMENT CONTROLS TO MANAGE DRAIN, AND ASSOCIATED IMPROVEMENTS. LET'S SEE. ON APPROXIMATELY 4.58 ACRES OF LAND. ZONED B1 NEIGHBORHOOD BUSINESS DISTRICT. LOCATED AT 59706, 59712, AND 59720, KAMEHAMEHA HIGHWAY. IN PUPUKEA. AND IDENTIFIED TAX MAP KEY 59011, 016, 068. 0 OF 9 AND 070. CONDITION M, OF RESOLUTION 18245 A CD1, FD-1, DEVELOPMENT PROJECT FOR THE PROJECT BE OBTAINED WITHIN 2 YEARS. AFTER THE EFFECT HE HAVE DATE OF THE SMA MAJOR PERMIT RESULTING IN DEADLINE OF NOVEMBER 14, 2020. EFFECTIVE DATE) CONDITION M ALLOWS THE DIRECTOR OF PLAN TO EXTEND THIS PERIOD IF APPLICANT DEMONSTRATES GOOD CAUSE BUT MAY NOT BE TEDGESD ONE YEAR FROM THE INITIAL DEADLINE WITHOUT APPROVAL. DIRECTOR APPROVED ONE YEAR. NEW DEADLINE NOVEMBER 14. 20251. JUNE 31, 2012 BY ADOPTION OF RESOLUTION 21-115 CD1. -- 2021, APPROVED TWO-YEAR EXTENSION OF DEADLINE RESULTING IN NEW DEADLINE NOVEMBER 14, 2023. NOVEMBER 1, 2 2023 ADOPTION OF RESOLUTION 21-253 CD1, KAUNA PROFFERED FURTHER 2 YEAR EXTENSION OF DEADLINE RESULTING IN NEW DEADLINE OF NOVEMBER 14, 2025. APPLICANT NOW REQUEST A FURTHER 2 YEAR EXTENSION OF THER NOVEMBER 14, 2025. DEADLINE. WHICH IF APPROVED, WILL RESULT IN NEW DEADLINE ON NOVEMBER 14, 202527. APPLICANT CURRENTLY IN NEGOTIATIONS. FOR THE CITY -- 2027 -- PURCHASE PARCEL 68, 69 AND 70 FOR THE DEVELOPMENT OF HUB FOR FIRST RESPONDERS TO CONDUCTS OPERATIONS AND COORDINATE EFFORTS. EXCLUDE FROM THE NEGOTIATION IS PARCEL 16. WHICH IS THE FOODLAND FARMS PARCEL. AS NEGOTIATED CONTINUE, PENDING FINAL AGREEMENT ON SALE OF PARCEL TO THE CITY, APPLICANT PUT ITS DEVELOPMENT ACTIVITIES ON HOLD BUT WISHES TO RETAIN SPECIAL MANAGEMENT AREA MAJOR PERMIT ENTITLE. S, UNDER RESOLUTION 1820, 245 CD1 FD-1. -- ENTITLEMENTS, CITY ACTIVELY PURSUING RFP OF PRAR SELLS AS EVIDENCE BY THE COUNCIL ADOPTION -- PURCHASE MUCH PARCELS) ADOPTION 25 SHALL DID 81 APRIL 16, 2025. ADDED GOVERNMENT BUILDING SYMBOL IN THE ADVICE INTIF PARCEL ON THE PUBLIC INFRASTRUCTURE MAP. VICINITY) NORTH SHORE SUSTAINABLE COMMUNITIES PLAN AREA. THE ADDITION OF THE PIM SYMBOL ALLOWED COUNCIL TO APPROPRIATE $26 MILLION FOR LAND ACQUISITION, FOR THE NORTH SHORE OCEAN SAFETY STATION AMBULANCE UNIT FACILITY AND THE CITY'S FISCAL YEAR '2026 EXECUTIVE KA TAIL BUDGET AND PROGRAMMING CAPITAL BUDGET. 25-39 JUNE 24, 2025. DEPARTMENT REPORT INDICATES A TWO-YEAR EXTENSION OF THE DEADLINE TO OBTAIN DEVELOPMENT PERMIT FOR THE PROJECT IS REASONABLE BECAUSE THE APPLICANT DEMONSTRATED PROGRESS MANUFACTURE MOVE FORWARD WITH THE PROJECT. COMPLETED ALL REQUIREMENTS UNDER RESOLUTION 18-245, CD1, FD-1, AND IN LIEU OF PURSUING EXPEDITED DEVELOPMENT AND CONSTRUCTION SCHEDULE TO MEET DEADLINE, TO OBTAIN DEVELOPMENT PERMIT FOR THE PROJECT. IS CONTINUING TO NEGOTIATE GOOD FAITH WITH THE CITY AND CITY'S EFFORTS TO PURCHASE PARCEL 68, 69 AND 70. BEFORE I CALL UP THE ADMINISTRATION, I WOULD LIKE TO TAKE PUBLIC TESTIMONY. PROCEEDING FIRST, WITH IN-PERSON TESTIMONY, IN THE CHAMBER, CLERK ANY PERSON TESTIFIERS? >>Council Clerk: CHAIR, THERE ARE NONE. >>Chair Kia'aina: ANYONE ELSE IN THE COUNCIL CHAMBER WOULD LIKE TO TESTIFY? PLEASE COME FORWARD. TO THE PODIUM AND BEGIN BY STATING YOUR NAME. SEEING NONE. PRECEDING ON REMOTE TESTIMONY. ANY REMOTE TESTIFIERS? >>Council Clerk: CHAIR, WE HAVE ONE STANDING BY. >>Chair Kia'aina: GOOD MORNING DENISE. DENISE ANTOLINI. >>Testifier: GOOD MORNING CLAIRE KIA'AINA. AND MEMBERS OF ZONING AND PLAING PLANNING COMMITTEE SPEAKING TO DO TODAY ON BEHALF OF SAVE SHARK'S COVE ALLIANCE. SUBMITTED TESTIMONY, WHERE COMMENTS. I UNDERSTAND THERE'S BEEN A CHANGE IN SOME POSITION WHICH I WILL DEFER TO THE CHAIR. AND OTHERS TO PRESENT BUT THREE QUICK POINTS. ONE, BIG MAHALO TO THE COUNCIL FOR SUPPORTING THE BUDGET FOR THIS ACQUISITION. TO THE MAYOR, FOR MAKING IT HAPPEN. AND TO HIS TEAM WORKING HARD ON THE NEGOTIATIONS. AND BIG MAHALO TO THE LANDOWNER. I KNOW THE ATTORNEYS REPRESENTATIVE OF LANDON OWNER SITTING THERE. CHANG THEM FOR ENGAGING GOOD FAITH SNOARKSES. THANK THEM. BIG CHANGE. AND -- GOOD FAITH NEGOTIATION. BIG CHANGE WE APPRECIATE IT. SECOND BECAUSE OF THAT COOPERATION, WE ARE REALLY CONFIDENT THAT THIS CAN BE DONE SOON AND SHOULD BE TO BE DONE SOON. LAST POINT URGENCY. LAST WEEKEND, 25 RESCUES IN OUR AREA OF OCEAN SAFETY. LIVES AT STAKE. AND I THINK WE'RE ALL IN ALIGNMENT TO MOVE THIS FORWARD. AS BEST WE CAN AS SOON AS POSSIBLE. MAHALO. >>Chair Kia'aina: THANK YOU SO MUCH FOR YOUR TESTIMONY. MEMBERS DO WE HAVE ANY QUESTIONS? FOR THE TESTIFIER? COUNCILMEMBER WEYER. >>Councilmember Weyer: THANK YOU CHAIR. BRIEFLY, MAHALO MISS ANTOLINI. FOR BEING PROVIDING TESTIMONY. I WAS CURIOUS IF YOU COULD WALK ME THROUGH BECAUSE INOUYE LOOKING AND HEARING FROM DPP POSSIBLY HLM AND HAVING DISCUSSIONS, SO TO THE EXTENT THAT THERE IS DISCUSSION ABOUT MAINTAINING THE TWO YEAR EXTENSION BECAUSE OF NEED TO ENSURE THAT THE FULL ACT A ACQUISITION OCCURS, SHARE A LITTLE BIT OF INSIGHT ABOUT ANY THOUGHTS YOU HAVE ON THAT? >>Testifier: APOLOGIZE. DIRECTED AT ME? >>Councilmember Weyer: IT WAS. THANK YOU. >>Testifier: SORRY. >>Councilmember Weyer: I CAN REPEAT IT. >>Testifier: I GOT IT. THANK YOU SO MUCH. JUST HARD SOMETIMES ON ZOOM REALLY APPRECIATE THAT. SO MY UNDERSTANDING AND I THINK MAYOR TEAM IS OBJECT RIGHT TEAM TO ASK, NEGOTIATIONS OR PROCEEDING APPRAISAL IS IN PROGRESS. THIS PARTICULAR PROPERTY DOES HAVE HUSSEY OF ENVIRONMENTAL IMPACT STATEMENTS THAT HAVE ALREADY BEEN DONE FOR VARIOUS PROJECTS. A LOT OF INFORMATION THAT THE DEVELOPER AND PRIOR OWNERS HAVE PROVIDED ABOUT THIS PROPERTY. SO WE'RE QUITE CONFIDENT THAT I LOT IS KNOWN ABOUT THE PROPERTY. AND THAT SHOULD MOVE FORWARD FAIRLY QUICKLY. SO HE KNOW THEIR STEPS TO REAL ESTATE SNOARKSES. NEGOTIATIONS ALL THE STEPS ARE IN PLACE. THE REASON, THAT IN OUR TESTIMONY, WE EXPLAIN THAT WE SUPPORT SHORTER TIME FRAME IS REALLY, TWO THINGS. ONE, TO MAKE SURE THAT THE COMMUNITY STAYS IN THE SUPPORT OF THIS PROCESS. AND IS NOT I WOULD SAY RATTLED BY LONGER EXA EXAMPLE EXTENSION NGS SECOND ONE IS URGENCY. LONGER TENSION. LIFE OR DEATH SITUATION I KNOW WE ALL CAN GET BEHIND A QUICKER TIME FRAME. I MANAGE LANDOWNER WOULD LIKE LIKETOO. >>Councilmember Weyer: APPRECIATE THE INSIGHT. >>Chair Kia'aina: DENISE HAVE A QUESTION. WHAT IS THE HARM WITH THE TWO YEAR EXTENSION? I JUST EXPLAINED HOW MANY TIMES THAT HAD TO COME BEFORE COUNCIL. AND WHAT IS THE HARM WITH PROVIDING THE GREAT WHITEST PRESIDENTIAL ELECTION IBT TO JUST -- GREATEST FLEXIBILITY 2 YEARS. GETS IT DONE WITHIN SIX MONTHS OR A YEAR GOOD. WHAT IS THE HARM? I DON'T WANT TO SEE THIS SMA AGAIN. >>Testifier: I WOULD AGREE WITH YOU. HARM IS BASICALLY, IN THE WAY I'M GOING TO REFRAME THAT. COMMUNITY CONCERNS ABOUT THIS LANGUISHING. AND SO IN OUR, COMMUNITY VIEW, IT'S EVERYONE IS BETTER OFF BY PUTTING A TIME FRAME ON IT. AND LET ME JUST ADD THAT COMMUNITY VIEWS THIS PROJECT IN THE CONTEXT OFFER PRIOR EXTENSIONS. THIS WOULD BE THE FOURTH EXTENSION. SO WHAT WE DON'T WANT HONESTLY IS FOR PEOPLE IN THE COMMUNITY TO GET CONCERNED AND TRY TO DERAIL IT AND BE CRITICAL AND INTERFERE WITH THE NEGOTIATIONS. SO STRATEGICALLY, REALLY IS THE BEST WAY TO GO IN OUR VIEW. >>Chair Kia'aina: MEMBERS, ANY OTHER QUESTIONS FOR THE TESTIFIER? LEASTS CALL UP THE ADMINISTRATION. DAWN TAKEUCHI APUNA. FOR THE DEPARTMENT. >>Testifier: THANK YOU CHAIR. WE ARE SUPPORTIVE OF THE PROPOSED CD1. AND TWO YEAR EXTENSION. SO FROM WHAT WE UNDERSTAND, BECAUSE WE'RE IN NEGOTIATIONS FOR THE PURCHASE OF THESE PARCELS, I THINK IT'S IN GOOD FAITH THAT WE ASK FOR TWO YEARS. SO THAT THE NEGOTIATIONS AND EVERYTHING THAT NEEDS TO FOLLOW UP TO FULL CLOSE ON THAT, ON THOSE PURCHASES, HAPPENS AND WE DON'T KNOW IF THAT WILL TAKE A YEAR IN ITSELF. AND EVEN AFTER THAT, THEN ALL THE OTHER PROCESSES NEEDS TO HAPPEN ON THE CITY'S BEHALF. IF WE'RE SUCCESSFUL. AS FAR AS EA'S ET CETERA. TO MOVE FORWARD. SO I THINK IT MAKES SENSE TO HAVE THAT FLEXIBILITY. AND TO MOVE FORWARD IN THAT WAY. I DON'T THINK THAT IF YOU MAKE IT ONE YEAR, SOMEHOW, IT THINGS WILL BE FASTER. OR TWO YEARS, WILL LAG. I THINK THAT PROCESS AS WE UNDERSTAND IT, WILL CONTINUE, AND IT GIVES US THAT ABILITY TO MOVE FORWARD WITHOUT HAVING TO COME BACK BUT TWO YEARS IS CERTAINLY MORE REASONABLE THAN ONE. IN ORDER TO GET ALL OF THIS DONE. IN CLOSING TRANSACTION AND MOVING FORWARD UNDER SMA. >>Chair Cordero: AND HOW DO YOU RECONCILE WHAT YOU WERE JUST STATING WITH THE DEPARTMENT OF HOUSING AND LAND MANAGEMENT? THEY WANT TO, ANYONE FROM THAT DEPARTMENT I SEE DEPUTY. DEPUTY WANT TO OPINE ON THIS? >>Testifier: PUBLIC TRANSIT. I THINK THAT THEY SAID AT LEAST A YEAR. PERHAPS. THEY CAN SPEAK TO THE TRANSACTION. BUT I THINK THAT MIGHT BE A YEAR IN ITSELF. EVERYTHING ELSE THAT MUST THAT HAPPENPROBABLY MORE THAN A. >>Chair Kia'aina: GIVEN THEY SUBMITTED THE FORMAL TESTIMONY, HERE I WOULD LIKE TO CALL UP THE DEPUTY BECAUSE I DON'T WANT TO I WANT TO MAKE SURE THAT WE UNDERSTAND AND IF WE'RE ON SAME PAGE, THEN MAYBE THIS COULD HAVE BEEN AVOIDED. IF THERE WERE SOME DISCUSSIONS ON THIS BEFORE CRAFTING THIS STATEMENT. >>Testifier: HI. GOOD MORNING. CHAIR KIA'AINA AND MEMBERS OF THE COMMITTEE ON ZONING AND PLAPLANNING WE SUBMIT THE TESTIMONY ASKING FOR MINIMUM ONE YEAR. SUPPORTIVE OF CD1. >>Chair Kia'aina: THANK YOU. MEMBERS NEW QUESTIONS FOR THE DEPARTMENT, HOUSING AND LAND MANAGEMENT? ANY QUESTIONS? THANK YOU SO MUCH. >>Councilmember Weyer: YES. >>Chair Kia'aina: RECALL COUNCILMEMBER WEYER. >>Councilmember Weyer: THANK YOU. SO JUST KIND OF WALK THROUGH THIS AGAIN. YOU'RE SAYING HLM SUPPORTIVE ONE YEAR AND TWO YEAR? >>Testifier: SO THE DEPARTMENT OF HOUSING AND LAND MANAGEMENT SUBMITTED TESTIMONY KIND OF OUTLINING ACT WAY SIGNIFICANT PROCESS NOTING THAT MANY CASES IT CAN EXCEED ONE YEAR. -- ACQUISITION MINIMUM ASKING FOR ONE YEAR EXTENSION SO WE HAVE TIME TO PROCURE, RE VIEWND COMPLETE THE DUE DILIGENCE SUPPORT LAND ACQUISITION. REVIEW AND COMPLETE. >>Councilmember Weyer: WWHEN IT WHETHER THE ACT WHICH DIGS PROCESS START. EVALUATING ACQUISITION SEVERAL MONTHS. THRESHOLD ISSUE IS APPRAISAL AND WHAT PRICE AT WHICH WILL ACQUIRE THE PROPERTY. THAT'S THE STAGE WE'RE IN CURRENTLY. THE ACQUISITION PROCESS. >>Councilmember Weyer: FEW MONTHS, ASSUMING SHORTLY AFTER JULY 1, WHEN THE FISCAL YEAR 'STARTED? SO YOU'RE SAYING IT COULD TAKE ABOUT A YEAR FOR ACQUISITION, DHM HANDLING ACQUISITION. WRITTEN TESTIMONY YOU HAD SIGNALED YOU FOCUS WOULD BE OPEN TO ONE YEAR? >>Testifier: YES. YOU FOLKS WOULD BE OPEN IT ONE YEAR. >>Testifier: MINIMUM ONE YEAR. >>Councilmember Weyer: KNOWING COMMUNITY ASKED FOR 3 TO 6 MONTHS. AS A DEPARTMENT, DOING ANJJ WHICH SIGNIFICANCE FOR THE PARCEL DECREASE ACT WAY SINGS FOREST PARCEL DOING THE ACQUISITION, YOU'RE SAYING MINIMUM ONE YEAR WOULD BE NEED. >>Testifier: CORRECT. >>Councilmember Weyer: COMMUNITIES IS ASKING FOVMENT BASED ON YOUR UNDERSTANDING IS IT SHORTER. >>Testifier: FROM WHAT I UNDERSTAND WRITTEN TESTIMONY BY THE SAVE SHARK'S COVE LINES. MORE UNURGENCY. WE APPRECIATE THAT. WE HAVE POLICIES SUPPORT LAND ACQUISITION PARTICULARLY OF THIS VOLUME. >>Councilmember Weyer: HAVE YOU SEEN ANY OPPOSITION FROM THE LANDOWNER TO ONE YEAR EXTENSION. >>Testifier: NO. >>Chair Kia'aina: MEMBERS ANY QUESTIONS? COUNCICOUNCILMEMBER TUPOLA. >>Councilmember Tupola:ING ALOHA. SO IN THE PENULTIMATE PARAGRAPH YOU GUYS DO SAY WHY ONE YEAR EXTENSION. IN THE, FINAL PARAGRAPH, YOU SAY BASED ON PRIOR LAND TRANSACTIONS, SIMILAR SCOPE, HLM BELIEVES UNONE YEAR EXTENSION IS REASONABLE AND REALISTIC TIME FRAME UCONN FUSING. FUSE CONFUSE. ALL BE ON THE SAME PAGE. 2 YEARS IS ALLOWING ALLOW THE FLEXIBILITY ONE YEAR IS THE MINIMUM MUCH YOU'RE SAYING MINIMUM BUT ALSO THINKING WE CAN GET IT DONE WITHIN ONE YEAR. PRIOR TO THESE HEARINGS BETWEEN DPP AND YOUR DEPARTMENT YOU GUYS SHOULD RECONCILE WHAT WOULD BE BEST SO WE CAN MOVE TOGETHER AS A UNIT OF THE BECAUSE I THINK EVERYTHING IS WORK WELL TOGETHER AND I DON'T THINK A NECESSARY DISAGREEMENT. BECAUSE I THINK WE CAN ALL AGREE THAT WITH TWO YEARS, WE ARE HITTING AWE ONE YEAR MINIMUM. CORRECT? >>Testifier: I UNDERSTAND. THANK YOU.EL TUPOLA THANK YOU CHAIR. >>Chair Kia'aina:ER ANY OTHER DISCUSSION? EL COUNCILMEMBER WEYER. I WOULD SAY THAT WITH REGARD TO ANY CONCERNS, THAT MAY ARISE, FACT THAT WE ALL KNOW WHAT IS GOING ON HERE, AND THE FACT THAT YOU GOT THE PIM SYMBOL AND WE GOT $26 MILLION SET ASIDE FOR THIS, THERE SHOULD BE NO CONCERN. WE HAVE A LETTER HERE COMMITTING THE ADMINISTRATION TO THE ACQUISITION OF THIS PROPERTY. SO I'M GOING TO MAKE MY RECOMMENDATION IF THERE IS GOING TO BE NO FURTHER DISCUSSION. EL. >>Councilmember Weyer: THERE IS DISCUSSION. >>Chair Kia'aina: WOULD YOU LIKE GO AHEAD. >>Councilmember Weyer: YES. JUST BRIEFLY. TOTALLY RESPECT WHAT YOU JUST SAID, I DO AGREE WITH THAT. I THINK CONCERN FROM THE COMMUNITY SIDE, IS MENTIONED, DISCRETIONARY PERMIT. RECEIVED MULTIPLE EXTENSIONS. OVER THE YEARS. WITH LARGE SCALE OPPOSITION FROM THE COMMUNITIES. AT THIS JUNCTURE STARTING IN JANUARY, MAYOR INDICATED, WHENEVER THE STATE OF THE CITY WORKS COULD BE WRONG ABOUT THIS, THE STATE, DATE BUT EARLY ON LAST FISCAL YEAR ', YOU RIGHT THERE DISCUSSION ABOUT BEGINNING THIS PROCESS AND I THINK THAT LANDOWNER IN GOOD FAITH, CITY IN GOOD FAITH, COMMUNITY IN GOOD FAITH, HAVE ALL PARTICIPATED IN THOSE DISCUSSIONS. AND SO I DO APPLAUD ALL OF THOSE STAKEHOLDERS. JUST WANTED TO NOTE THAT WE DO UNDERSTAND THAT OUTSIDE OF THAT, THERE THERE ARE A LOT OF UNDERLYING ISSUES. LITIGATION AND SETTLEMENT AGREEMENTS REGARDING THIS PARTICULAR PARCEL AND USES ON THE PROPERTY. WE KNOW THAT REQUEST FOR THE RELEASE OF FUNDS HAPPENED VERY EARLY ON. IN THIS FISCAL YEAR. WHICH WE KNOW STARTED JULY 1. WE KNOW MOST APPRAISALS TAKE SIX WEEKS. SEEN THEM COME IN MUCH QUICKER FOUR WEEKS I THINK. AT TIMES. BUT UNDERSTANDING THAT THIS APPRAISAL TOOK SIX WEEK, JUST CAME IN. I THINK COMMUNITY HAS CONCERNS AT THE TIMING AND HOW THINGS ARE PROGRESSING. CONVERSATIONS I'VE HAD WITH THE LAND OWNER, LAST YEAR, INDICATING APPRECIATE THEIR GOOD FAITH ENGAGEMENT, BUT THERE CAN'T BE GUARANTEE OF EXTENSION BECAUSE THIS IS DISCRETIONARY PERMIT. AND SO I THINK FROM THE COMMUNITY'S PERSPECTIVE, AND THE TESTIMONY THAT CAME IN TODAY, AND DISCUSSION THAT HAPPENED OVER THE PAST COUPLE OF WEEKS, AND DO WANT TO THANK DHHL DIRECTOR FOR THEIR WORK AND I THINK TESTIMONY COMING IN WAS THROUGH MULTIPLE CONVERSATIONS WITH COMMUNITY, AND THEN DIFFERENT DEPARTMENTS, AND DIFFERENT ADMIN AND SO IT WAS EVOLVING AND APPRECIATE EXTREMELY CHAIR'S WILLINGNESS TO ENTERTAIN THE DISCUSSION. I DO WELCOME THAT. BUT JUST WANTED TO AT LEAST SHARE THAT, THAT I THINK THE ONE-YEAR TENSION, THAT WAS DISCUSSED PRIOR TO TODAY, EXTENSION) WITHOUT EVEN SEEING IT, WAS REQUIRED OR NEEDED OR MORRILLLY WHAT'S NEEDED ARRIVED AT THROUGH GOOD FAITH DISCUSSION, WITH ALL THE PARTIES INVOLVED. AND SO I THINK JUST MY CONCERN GOING INTO THE NEXT COUNCIL MEETING IS HAVING THAT IN MIND, UNDERSTANDING I'M NOT A VOGUE MEMBER ON ZONING COMMITTEE. BUT THE COMMUNITY VOTING MEMBER JRNTION HAS NOTED THAT THEY WANT ACQUISITION TO PROCEED AS QUICKLY AS POSSIBLE. I WOULD ASSUME LANDOWNER DOES AS WELL AS WELL AS HLM AND DPP. I THINK THAT IS LARGELY IN PART DUE TO THE DEATHS WE'VE SEEN AND NEED FOR FIRST RESPONDER SERVICE. WANTED TO DO SHARE THAT AND REALLY MAHALO EVERYONE INVOLVED BECAUSE INOUYE A LOT WORK WENT IN. I KNOW. EXPRESS WHERE THE DISAPPOINTMENT AND TRUSS TRUSSFRUSTRATION IS COMING FROM. >>Chair Kia'aina: APPRECIATE. ANY OTHER VICE CHAIR WATERS? >>Councilmember Waters: WANT TO POINT OUT THAT YOUR CALENDAR TODAY, HALF OF ISER SMA PERMITS. I'LL SUPPORT TWO YEARS. >>Chair Kia'aina: THANK YOU. I'M ALL ABOUT DUL DUE DILIGENCE EFFORTS. FIRST OF ALL AGAIN, APPLAUD THE ADMINISTRATION. DEPARTMENT OF HOUSING LAND MANAGEMENT. BECAUSE YOU'RE SET UP TO BE ABLE TO DO THIS AS EXPEDITIOUSLY AS POSSIBLE. BUT I KNOW DUE DILIGENCE BECAUSE I'M IN THE THROWS OF DUE DILIGENCE FOR CITY OWNED PROPERTIES IN KAILUA FOR HAWAIIAN HOME LANDS DEVELOPMENT AND NOT ONLY HAVE THEY NOT FINISHED OR DUE DILIGENCE TAKES A WHILE. AFTER THEY DO DUE DILIGENCE EFFORTS ARE DONE, THEN THEY'RE GOING TO DO HAVE TO. WOULD WITH THE DEPARTMENT OF HAWAIIAN HOMELANDS ON THE FEESABILITY ON WHETHER OR NOT WE SHOULD TRANSFER IT. I'M JUST SAYING, ANY PROJECT CONSTRUCTION PROJECT IS VERY DIFFICULT. AND I WOULD RATHER GIVE THE GREATER LATITUDE TO THE NEGOTIATORS TO HAVE THAT TIME TO CONDUCT THE APPROPRIATE DUE DILIGENCE NECESSARY. BUT THANK YOU COUNCILMEMBER WEYER. FOR AADVOCATING FOR YOUR COMMUN. RECOMMENDS THAT RESOLUTION 25-261 BE AMENDED TO POSTED CD1. FOR YOUR COMMUNITY. ANY DISCUSSION? ANY OBJECTIONS OR RESERVATIONS? HEARING NONE. RESOLUTION HAS BEEN AMENDED TO A CD1. CHAIR THEN RECOMMENDS THAT RESOLUTION 25-261 CD1 REPORTED OUT FOR ADOPTION. ANY DISCUSSION? ANY OBJECTIONS OR RESERVATIONS? HEARING NONE. SO ORDERED. MOVING TO FINAL AGENDA ITEM NUMBER 78. F8. 25-288 RESOLUTION AMENDS, REST LIEUTENANT GOVERNOR 18-248 CD1 FD-1, TO MODIFY AFFORDABLE HOUSING REQUIREMENTS FOR THE SKY ALA MOANA INTERIM PLANNED DEVELOPMENT TRANSIT PROJECT. BY ADOPTION OF RESOLUTION 18248, CD1, FD-1, COUNCIL APPROVED CONCEPTUAL PLAN FOR INTERIM PLAN VEMED TRANSIT PROJECT PROPOSED BY AVALON GAME ROOM LLC, DEV GROUP. LAND ZONED BMX3 COMMUNITY BASED MIXED-USE DISTRICT WITH MIXED USE CONDOMINIUM HOTEL RESIDENTIAL AND COMMERCIAL PROJECT LOCATED AT 1388, 1400, AND 1418 KAPIOLANI BOULEVARD. AND IDENTIFIED TAX MAP KEY 23016, 003, 004 AND 08. THE PROJECT IS REQUIRED TO PROVIDE TOTAL OF 84 GEL DWELLING UNITS THE PROJECT AS AFFORDABLE, FOR SALE UNITS. UNDER THE AFFORDABLE HOUSING REQUIREMENTS, OF ROH CHAPTER 29, THE DEVELOPER ELECTED TO PROVIDE 10% OF THE TOTAL PROJECT DWELLING UNITS EQUAL TO 42 UNITS ASK FOR SALE AFFORDABLE UNITS WITH AFFORDABILITY PERIOD OF 30 YEARS. INITIALLY, 21 UNITS WERE REQUIRED TO BE OFFERED TO HOUSEHOLDS EARNING 120% OR BELOW AREA MEDIAN INCOME AND 21 UNITS REKAUAID TO ON R OFFERED HOUSEHOLDS EARNING 100% OR BELOW OF THE AMI. REQUIRED) DEVELOPER IS ALSO REQUIRED TO PROVIDE 42 FOR SALE AFFORDABLE COMMUNITY BENEFIT UNITS TO OFFSET PROJECT HEIGHT AND DENSITY BONUSES WITH AFFORDABLE PERIOD 30 YEARS. INITIALLY, ALL 42 OF THESE COMMUNITY BENEFIT UNITS WERE REQUIRED TO BE OFFERED FOR SALE. TO HOUSEHOLDS EARNING 120% OR BELOW OF THE AMI. BOTH AFFORDABLE HOUSING UNITS AND COMMUNITY BENEFITS UNITS WERE SUBJECT TO MARKETING PERIODS. AS THE MARKETING PERIOD PROGRESSED, AFFORDABLE HOUSING UNITS COULD BE OFFERED TO HIGHER INCOME HOUSEHOLD INCOME GROUP IS NOT TO EXCEED HOUSEHOLDS EARNING 140% OF THE AMI. BUT AT PRICES AFFORDABLE TO HOUSEHOLDS EARNING PERCENTAGE OF AMI ORIGINALLY REQUIRED. AS MARKETING PERIOD PRECONGRESSED, AFFORDABILITY PERIOD FOR THE COMMUNITY BENEFIT UNITS WAS REDUCED BUT COULD NOT BE LESS THAN TEN YEARS. PROGRESSIONED) ALL MARKETING PERIODS HAVE EXPIRED, AND CURRENTLY, 38 AFFORDABLE HOUSING UNITS, 30 STUDIO UNITS AND 8 TWO BEDROOM UNITS REMAIN PUN UNSOLD. ALL WHICH MUST BE STOLED HOUSEHOLDS EARNING 130% OF THE AMI AT PRICES AFFORDABLE TO HOUSEHOLDS EARNING PERCENTAGE OF AMI ORIGINALLY REQUIRED, FOR AFFORDABLER PERIOD OF 30 YEARS. 24 COMMUNITY BENEFIT UNITS, WHICH IS 23 STUDIOS, AND ONE TWO BEDROOM UNIT, REMAIN UNSOLD. ALL OF WHICH MUST BE SOLD TO HOUSEHOLDS EARNING 120% OF AMI FOR AFFORDABLE RENTAL PERIOD OF TEN YEARS. BEGINNING MAY 8, 2024, DIRECTOR OF PLANNING AND PERMITTING TEMPORARILY ALLOWED DEVELOPMENT DEVELOPER TO RENT UNSOLD AFFORDABLE HOUSING UNITS IN COMMUNITY BENEFIT UNITS TO HOUSEHOLDS INEARNING 100% OR BELOW OF AMI, DISABILITY TO RENTER UNSOLD UNITS WILL EXPIRE ON DECEMBER 31, 2 2027. DEVELOPER NOW REQUEST AND RESOLUTION WOULD ALLOW RENTAL OF UNSOLD AFFORDABLE HOUSING UNITS COMMUNITY BENEFITS UNITS TO HOUSE HOLDS EARNING 80% OF OR BELOW OF AMI INDEPENDENCE AND UNTIL UNITS ARE SOLD UNTIL THE SAME TERMS APPLICABLE TO THE UNITS AFTER EXPIRATION OF LAST MARKETING PERIOD. FOR VARIOUS REASONS, BUYER IS NOT COME FORWARD TO PURCHASE UNITS. INTRODUCED THIS RESOLUTION BECAUSE CONSIDERING OUR HOUSING CRISIS, I BELIEVE IT IS UNACCEPTABLE TO HAVE NEWLY CONSTRUCT AFFORDABLE UNITS REMAIN VACANT WHEN THEY ARE READY TO BE OCCUPIED. JOINING US IN THE COUNCIL CHAMBER IS SPENCER LEE. FROM JL CAPITAL. WHO WILL BE PROVIDING BRIEF PRESENTATION. FOR YOUR INFORMATION, IT PRESENTATION IS AVAILABLE ONLINE AS MISCELLANEOUS COMMUNICATION 549-2025. >>Testifier: GOOD MORNING. THANK YOU CHAIR. VICE CHAIR, AND COUNCILMEMBERS. SPENCER LEE. REPRESENT THE DEVELOPER. THIS BILL WILL ALLOW US TO RENTS UNSOLD AFFORDABLE UNITS TO 80% AMI RENLTSERS IN THE SKY ALA MOANA FLATS. RENTER IT I IT'S. ER RENTERS, SKY ALA MOANA REPRESENTED SIGNIFICANT COMMITMENT TO HONOLULU'S HOUSING NEEDS. THE ORIGINAL RESOLUTION THAT APPROVED UNDER ALLOWED TO US BUILD MILLION 250,000 SQUARE FEET OF MIXED USE DEVELOPMENT. SERVING DIVERSE COMMUNITY NEEDS. PART OF THAT RESOLUTION MANDATED AFFORDABLE HOUSING UNITS. TO BE BUILT. SPECIFIC TERMS AND CONDITIONS OF WHICH THEY COULD BE SOLD. SO AS MENTIONED, WE HAD TO BUILD 84 AFFORDABLE UNITS. 42 OF THEM WERE ORDINANCE UNITS. 42 OF THEM WERE COMMUNITY BENEFIT UNITS. AND LET'S GO AHEAD AND SEE HOW SALES HAVE GONE SO FAR. AFFORDABLE SALE UNITS FOR SALE DUTIFULLY BEGAN IN AUGUST OF 2022. WE RECEIVED OUR TEMPORARY CERTIFICATE OF OCCUPANCY. IN AUGUST OF '23. UNFORTUNATELY, DURING THAT TIME, WE HAD VERY HIGH INTEREST RATES AND MARKET CONDITIONS SLOWED DOWN. WHICH CAUSED LOWER AND SLOWER ANTICIPATE SALES. SINCE THEN, WE HAVE OFFERED BUYERS AND ININCENTIVES TO FACILITATED AND ENCOURAGE SALES. WE DO HAVE UNSOLD INVENTORY LEFT. AND WE DO APPRECIATE AND THANK DPP FOR GRANTING US THE PERMISSION TO TEMPORARILY RENT UNSOLD UNITS. TO 100% AMI RENTERS THROUGH DECEMBER 31, 2027. MUCH THE 42 ORNSES UNITS WE SOLD FOUR OF THEM ARE. WE HAVE SINCE RENTED OUT 38 OF THEM. FOR THE COMMUNITY BENEFIT UNIT WE HAVE SOLD, 21 OF THEM. WE ARE RENTING OUT 16 OF THEM. AND WE HAVE FIVE THAT ARE CURRENTLY VACANT. SO WE DO HAVE ASK FOR YOUR SUPPORT IN THIS MEASURE BECAUSE ALLOWING THE UNITS TO BE RENTED OUT UNTIL THEY ARE SOLD, WILL PREVENT CURRENTLY 54 RENTERS TO BE DISPLACED. AT THE END OF DECEMBER 31, 2027. IN ADDITION, WE'RE ASKING FOR THESE RENTAL UNITS TO BE RENT ODD OUT TO FOLKS AT 8% AMI. -- 80%. LOWER THAN THE CURRENT 140 AND 120% AMI CAPS, IF THEY WERE SOLD. WE ARE ALSO POIRCHTSING OUT THAT DID-POINTING OUT PERIOD OF TIME THAT'S UNITS ARE RENTED TO AFFORDABLE RENTAL BUYERS WILL NOT DIMINISH CURRENT 30 YEAR AN TEN YEAR AFFORDABLE PERIOD THE. SO AFTER THE YOUN UNITS ARE SOLD, UNITS WILL STILL TO, MEET THE 30 YEAR AND TEN YEAR AFFORDABILITY PERIOD. WE BELIEVE THAT THIS IS A FLEXIBLE APPROACH THAT LANES WITH HONOLULU'S COMMITMENT TO SUSTAINABLE AFFORDABLE HOUSING. IT ADAPTS REAL WORLD MARKET CONDITIONS. THANK YOU FOR YOUR TIME AND I'M AVAILABLE FOR ANY QUESTIONS. >>Chair Kia'aina: THANK YOU FOR YOUR PRESENTATION. COUPLE OF QUESTIONS. JUST TO MAKE SURE BECAUSE I'M LOOKING AT ORDINANCE VERSUS THE COMMUNITY BENEFIT. IS THE 80 AMI GOING TO APPLY TO BOTH OR JUST THE ORDINANCE? >>Testifier: IT WOULD APPLY TO BOTH ORDINANCE AND COMMUNITY BENEFIT UNITS. >>Chair Kia'aina: OKAY. AROUND ARE YOU GOING TO GIVE PRIORITY TO PEOPLE WHO ARE CURRENTLY RENTING? >>Testifier: PRIORITY FOR SALE? >>Chair Kia'aina: YES. IF THIS MEASURE TO MOVE FORWARD. >>Testifier: YES. I MEAN, WE DO OFFER THE UNITS FOR SALE TO THE AFFORDABLE RENTERS AND YEAH, WE DO ANTICIPATE CONTINUING DO THAT. >>Chair Kia'aina: OKAY. SHOULD I'M A SUPERVISORRING YOU HAVE AGREEMENT. IN PLACE. SO WHILE THEY WERE RENTING SNIM ASSUMING) BEFORE IT, THEY BUY IT, I'M ASSUMING) WILL WHEN IS THE 30 YEAR MORTGAGE GOING TO TRIGGER? I MEAN, ARE YOU GOING TO GIVE THEM CREDIT FOR THE YEAR SAY THIS DON'T HAVE ALL THE MONEY FOR A DOWN PAYMENT? ARE YOU GOING TO COUNT THEIR TEN YEARS OF RENTING AS PART OF THEIR PURCHASE PRICE? >>Testifier: WE HAVEN'T DISCUSSED DOING THAT. IT'S SOMETHING THAT WE CAN CONSIDER. I DO WANT TO POINT OUT THAT THE LEASE ITSELF IS LEASE TO RENT. AS OPPOSED TO LEASE TO FOR PURCHASE. LIKE A RENT TO PURCHASE STRUCTURE. SO CURRENTLY, NO. IF YOU'RE SAYING WILL THE RENT BE APPLIED TOWARDS PURCHASE PARENTAL RIGHTS,. PRICE.>>Chair Kia'aina: NOT RETROACTIVE RENT. SIGN AGREEMENT WITH YOU, WILL THE RENT BE ABLE TO BE APPLIED BECAUSE YOU KNOW THAT'S DEPARTMENT OF HAWAIIAN HOME LANDS HAS A RENT TO OWN. AND IT DOES MATTER. AND A LOT OF THESE INDIVIDUALS DON'T HAVE ENOUGH MONEY FOR THE DOWN AT T PAYMENT THEY'RE PAYING GOOD RENT. AND SO SHOULDN'T THEY BE ALLOWED TO APPLY FOR, HAVE THAT MONEY APPLY TO THE LIKE PERHAPS MAYBE BE DEDUCTED FROM THE FOR SALE PRICE? EVEN IF YOU HAVE TO TSUNEYOSHI A 30 YEAR AGREEMENT? >>Testifier: TO SIGN A. >>Testifier: SOMETHING WE CAN LOOK INTO. IT WOULD BE NEW STRUCTURE THAT WE HAVEN'T DONE YET. BUT DEFINITELY SOMETHING WE CAN CONSIDER. >>Chair Kia'aina: OKAY. >>Councilmember Tupola: I THINK DIFFERENT BILL SHOULD CONSIDER THAT. BECAUSE AS YOU CAN SEE, HERE, YOU GUYS HAVE ONLY SOLD FOUR OF THE 30 YEAR AS OPPOSED TO THE 21 OF THE TEN YEAR. MEANING THAT THERE IS MORE PEOPLE IF INTERESTED IN SHORTER AMOUNT OF TIME. I JUST CAN'T IMAGINE THAT THIS IS GOING TO CHANGE DRASTICALLY OVER THE NEXT TEN OR 20 YEARS. THAT LITTLE FIRE ANTS PEOPLE ARE GOING TO WANT TO LIVE IN THE SAME PLACE FOR IT 30 YEARS. THAT PEOPLE ARE GOING TO WANT TO. NOT HAVE ABILITY TO EXPAND OR GROW THEIR FAMILIEN OR TAKE VAG OF OPPORTUNITY TO LIVE IN AREA MIGHT ENJOY KIDDING GOING TO A SCHOOL ET CETERA. KIDS GOING TO A SCHOOL. DIFFERENT BILL WHAT WOULD YOU SUGGEST, AS FAR AS THIS THOU SOLVE THIS 30 YEAR QUALIFICATION, TO BUILD IT IN, INTO THE RENT SO THAT AS PEOPLE ARE EXTENDING FIVE, TEN YEARS OF RENT THEY ROLL IT INTO THE 30 OR CHANGE IT. WHAT IS YOUR THOUGHTS? >>Testifier: I DO THINK THAT THERE IS A LOT OF PARTS OF THE EXISTING AFFORDABLE HOUSING RULES THAT COULD BE M MENARD AMENDED I THINK YOU THAT IS ONE OPTION. I DO THINK THAT YOU'RE RIGHT. JUST BROADLY PEEKING, 30 YEARS WHEN IT COMES TO FOR SALE, BROADLY SPEAKING QUOR SALE UNITS SIT QUITE LONGMENT I'VE EXPERIENCED IT FIRSTHAND, THAT BUYERS ARE JUST NOT INTERESTED IN PERIOD THAT LONG. PERSONALLY, I'VE SEEN HUNDREDS OF PEOPLE AND REALLY TEN YEARS IS KIND OF THE MOST PEOPLE CAN STOMACH. IF YOU LOOK AT HHFDC AND HCDA, THEIR CAPPED AT TEN YEARS AS WELL. SO I THINK THAT THERE IS SOME PRECEDENT TO THAT. >>Councilmember Tupola: CAN I ASK THE FOLLOW-UP QUESTION. >>Chair Kia'aina: ABSOLUTELY. >>Councilmember Tupola: DIRECTOR CAN I ASK YOU THE SEA SAME QUESTION. THANK YOU. >>Chair Kia'aina: SHE HASN'T COME UP YET. YOU CAN WAIT. MAYBE YOU WANT TO WAIT? >>Councilmember Tupola: SURE. COUNCILMEMBER CORDERO. >>Councilmember Cordero: THANK YOU CHAIR. JUST PIGGYBACKING ON THE TOPIC. YOU MENTIONED THAT THE RENTS TO PURCHASE. SO WHAT WOULD IT TAKE TO MOVE THE PROGRAM TO BECOME A RENT TO PURCHASE PROGRAM? E YOU KNOW, IT'S STILL A LITTLE FUZZY TO ME. IF IT'S RENT TO OWN PROGRAM. IF INITIAL TENANTS/BUYER WERE TO ENTER INTO AGREEMENT, WITH US, WOULD THE TEN YEAR OR 30 YEAR CLOCK START? BECAUSE TRANSFER OF THE PROPERTY WILL NOT HAVE HAPPENED YET. SO I THINK THAT AS RESOLUTION, AS ALL THE PAPERWORK STATES, THE REDUCTION OF THE TEN OR 30 YEAR CLOCK DOESN'T HAPPEN UNTIL THE TRANSFER. SO IT'S STILL UNCLEAR TO ME IF THAT KIND OF STRUCTURE WOULD WORK. >>Councilmember Cordero: HAVE YOU BEEN ABLE TO SEE THAT IMPLEMENTED IN ANY OTHER PROJECT? >>Testifier: NO. AS FAR AS I KNOW,. >>Councilmember Cordero: DOESN'T MEAN CONDITION BE DONE. RIGHT? DEPENDING ON WHAT THE CLAUSE OR CONDITIONS ARE, WITH THE CONTRACT, AND RENTERS WHEN THEY DO SIGN THEIR LEASE, I GUESS YEAH, COULD BE LOOKED AT. WONDERING HOW IT WOULD CHANGE THE AFFORDABILITY LIKE WOULD IT STILL THEN BE AT 80% AMI, I GUESS THAT IS SOMETHING TO LOOK AT. FURTHER. VICE CHAIR TUPOLA MENTIONED. >>Testifier: YEAH. I DO APPRECIATE AND IN FAVOR OF THE IDEA OF RENT TO OWN. CURRENT REGULATIONS DON'T ALIGN WITH THOSE TERMS. OF TEN AND 30 YEARS. BROADLY SPEAKING I THINK IT'S GOOD. >>Councilmember Cordero: THANK YOU THANK YOU CHAIR. >>Chair Kia'aina: ANY OTHER QUESTIONS? CHAIR WATERS. >>Councilmember Waters: THANK YOU. GOOD MORNING. I REALLY APPRECIATE YOUR SLIDE DECK AND YOUR CANDID OPINION ON THIS. JUST WANT TO WALK THROUGH THIS REEL QUICK. ORDINANCE 18-10, CHAPTER 29, REQUIRES THAT YOU EITHER DO 10%, 20%, OR 30% AFFORDABLE. DEVELOPER GETS TO CHOOSE. AMOUNT OF AFFORDABLES BUT DETERMINES HOW LONG THEY HAVE TO REMAIN AFFORDABLE. RIGHT? IS THAT CORRECT? >>Testifier: YES. >>Councilmember Waters: IN THIS CASE, DEVELOPER CHOSE DO TEN% AFFORDABLE. WHICH AMOUNTS TO 42 UNITS. CORRECT? >>Testifier: YES. BAY. >>Councilmember Waters: BECAUSE OF THAT, THEY HAVE TO REMAIN AFFORDABLE FOR 30 YEARS. RIGHT? >>Testifier: YES. >>Councilmember Waters: YOU COULD HAVE CHOSE 20% AFFORDABLE. YOU WOULD HAVE TO DOUBLE AMOUNT OF AFFOR AFFORDABLE UNITS 18-10. WOULD HAVE REQUIRED TO KEEP THEM AFFORDABLE FOR 20 YEARS. RIGHT? >>Testifier: I BELIEVE SO. NEED TO HAVE THE CHARTS IN FRONT OF ME. BUT SOUNDS RIGHT. >>Councilmember Waters: THIRD OPTION WAS IF YOU BUILD EVEN MORE AFFORDABLE, 30% OF AFFORDABLE, YOU ONLY H HAVE TO KEEP THESE AFFORDABLE FOR DWREERNS. RIGHT? >>Testifier: RIGHT. TEN YEARS. >>Councilmember Waters: DEVELOPER CHOSE TO BUILD LEAST AMOUNT OF AFFORDABLES 10%, BUT THAT TRIGGERS 30 YEAR REQUIREMENT. RIGHT? >>Testifier: YES. >>Councilmember Weyer: ON YOUR SECOND PAGE, WHEN WE KNOW THAT YOU ARE ONLY ABLE TO SELLER FOUR, FOUR MUCH UNIT. OUT OF 10%, WHICH WAS 42. OUT OF THE 4 . CAN YOU ONLY SELL FOUR UNITS. SO I'M JUST USING REASON AND COMMON SENSE. IT LOOKS LIKE THAT 30 YEAR REQUIREMENT AS YOU MENTIONS, IS OBSTACLE TO SELLING THESE UNITS. RIGHT? PEOPLE DON'T WANT TO BUY A UNIT, HAVE TO HOLD ON TO IT FOR 30 YEARS. >>Testifier: THAT'S RIGHT. >>Councilmember Waters: SO ONE OF THE THINGS I HAVE ALREADY DRAFTED A BILL, YOU WOULD AGREE WITH ME THAT THAT DOESN'T WORK. YOU'RE NOT GOING TO MAKE THE SMISTAKE SAME BUILDING YOU BUILD, PICK THE TEN% REQUIREMENT AND HAVE IT FOR 30 YEARS. BECAUSE YOU END UP HAVING TO COME BACK AN EXAMPLE THE COUNCIL TO HELP OUT AGAIN. THAT IS PRETTY MUCH WHAT THIS RESOLUTION DOING. ASKING THE COUNCIL TO FORGIVE YOUR PREVIOUS OBLIGATION, OF MAKING THESE UNITS AFFORDABLE UNITS FOR SALE. RIGHT? AND ALLOWING YOU TO DO RENTALS INSTEAD OF FOR SALE. >>Testifier: WELL, COUPLE POINTS THERE. SO WE DID TAKE OVER THE PROJECT FROM A DIFFERENT DEVELOPER. STRUCK THAT HOUSING AGREEMENT. SO WE ADOPTED DECISION THIS THEY MADE. SECOND POINT, IS THAT WE WERE THE FIRST PROJECT TO GO TO MARKET. AT 30 YEAR OPTION. FOR BUYERS. SO IT WAS UNTESTED FOR ANYBODY. NOBODY KNEW HOW THE MARKET WOULD REACT. THE LAST THING I WOULD SAY IS THAT WE'RE NOT ASKING FOR ANY CHANGE TO THE 30 YEAR AFFORDABLE PERIOD. IT'S NOT A REDUCTION REQUEST. IT'S MERELY ALLOWING US TO RENT THE UNITS UNTIL AND UNLESS THEY ARE SOLD. AND THEN WITH WHETHER THEY ARE SOLD, BUYER WILL FILL FULFILL THE 30 YEAR PERIOD. >>Councilmember Waters: GREAT. BUT I GUESS WHAT I'M GETTING AT, TRYING TO MAKE THE POINT, THAT MAYBE UNTIL ORDINANCE OR 18-10, WE SHOULD JUST GET RID OF THE OPTION OF BUILDING TEN% UNITS FOR 30 YEARS. RIGHT? WHICH WOULD ONLY LEAVE Y YOU WITH TWO OTHER OPTIONS. BUILD 20% FOR 20 YEARS. OR 30% FOR TEN YEARS. BECAUSE CLEARLY, ON THE OTHER SIDE, LOOK AT THE COMMUNITY BENEFITS SIDE. ON PAGE 2 OF YOUR SLIDE DECK. YOU'RE ABLE TO SELL 212 OF THOSE UNITS. OUT OF THE 42 REQUIRED. >>Testifier: YES. >>Councilmember Waters: CAN YOU SEE A BIG DIFFERENCE. FOUR VERSUS 21. THAT'S FOUR TIMES AMOUNT. FIVE TIMES AMOUNT. >>Testifier: YEAH. I THINK THAT YOU'RE RIGHT. WE WON'T BE CHOOSING THE OPTION OF THE 30 YEAR. ER 10%. EVER AGAIN. I THINK MERELY STRIKING IT THROUGH DOESN'T EXACT SOLVE TPROBLEM BECAUSE THE REALITY IS THAT DEVELOPER AT THE TIME IT CHOSE THE 30 YEAR OPTION BECAUSE THEY THOUGHT IT WAS THE BEST. NOW, KNOWING THAT THAT WASN'T GOOD OPTION. OCEANS ONE A TWO, YOU KNOW HE OTHER TWO OPTIONS THAT TEN OR 20 YEAR OPTIONS, THEY WEREN'T FEASIBLER ECONOMICALLY AT THE TIME. SO THAT IS WHY THEY WENT WITH THE 30 YEAR OPTION. I THINK JUSTIN STRIKING THROUGH THE 30 YEAR OPTION DOESN'T EXACTLY SOLVE THE PROBLEM THAT THE TEN AND 20 YEARS WEREN'T GREAT. >>Councilmember Waters: IS IT TRUE THAT A LOT OF THESE UNITS IF NOT ALL OF THEM, STUDIOS, I MEAN, IF YOU THINK ABOUT IT, I COULD SIDE SEE SEE HOW SOMEONE WOULDN'T WANT TO BE STUCK IN A STUDIO FOR 30 YEARS. ESPECIALLY YOUNG PERSON TYPICALLY BE ATTRACT TO STUDIO. WHEN YOU O START FAMILY, HAVE KIDS, WHAT ARE YOU GOING TO DO? WITH A STUDIO? WHEN YOU HAVE KIDS? HOW MANY OF THESE ARE STUDIOS? START WITH THE 30 YEAR REQUIREMENT? THOSE 42, HOW MANY OF 42 THERE WERE STUDIOS? >>Testifier: 30 OF THEM. WERE STUDIOS. >>Councilmember Waters: OKAY. OUT OF FOUR THAT YOU SOLD, HOW MANY OF THOSE WERE STUDIOS? >>Testifier: I DON'T HAVE MY FULL GRAPH WITH ME. HERE. I DON'T THINK THAT ANY OF THEM WERE. >>Councilmember Waters: SEE WHAT I'M SAYING? I GET IT. WHY THE DEVELOPER CHOSE TO BUILD SMALLEST UNITS AFFORDABLE. JUST MAKE MORE MONEY. RIGHT? FOR THE DEVELOPER. AT THE SAME TIME REALLY WHAT WE'RE TRYING TO IS TRY TO GUITAR MORE AFFORDABLE UNITS IT -- GET MORE AFFORDABLE UNITS FOR LOCAL FAMILIES STAY IN HAWAII, BUT IF YOU'RE GOING TO BUILD STUDIOS, THAT'S NOT REALLY SOLVING THE PROBLEM. HELPS. EVERYTHING EVERY UNIT YOU BUILD HELPS. YOU GET MY POINT? I'LL LEAVE IT AT THAT. THANK YOU. >>Testifier: THANK YOU. >>Chair Kia'aina: COULD BE GOOD FOR KUPUNA. THE STUDIO WOULD BE FINE OR. >>Councilmember Waters: 30 YEARS, RIGHT? YOU MIGHT PASS AWAY BY THE TIME 30 YEARS IS UP. THEN WHAT HAPPEN? I GUESS YOU COULD PASS IT ON TO YOUR GRANDKIDS. >> I WILL ADD THAT ACTUALLY A LOT OF THE STUDIOS THAT WE DID SELL FOLKS OF THAT KUPUNA AGE GROUP. THAT WAS REALLY BECAUSE THEY FELT IT WAS GREAT PRICE FORMBY THEN TO LIVE OUT REST OF THEIR TIME. FOR THEM TO LIVE OUT REST OF THEIR TIME. >>Vice Chair Dos Santos Tam: I WANT TO DIVE INTO A LITTLE MORITA MORE TO THE DIFFERENCES BETWEEN THE 30 YEAR ORDINANCE UNITS AND THE COMMUNITY BENEFIT UNITS. A LITTLE BIT MORE FOR THE ORDINANCE UNITS OF A WITH FOUR WERE SOLD, THE AMI LEVEL HAS GONE UP BECAUSE THE MARKETING PERIOD EXPIRED. OF THOSE FOUR UNITS, DO YOU KNOW WHICH AMI POOL THEY BELONG TO? >>Testifier: I'M GOING OFF OF MEMORY HERE. BUT I BELIEVE THAT THEY WERE ALL AT THE 140% AMI WHICH WAS THE FINAL MARKETING PERIOD. ACTUALLY L ONE OF THE ISSUES IS THAT WHEN PEOPLE KNOW THAT A THRRL WILL BE ADDITIONAL MARKETING PERIODS WHERE EITHER THE AMI INCREASES OR THE AFFORDABILITY PERIOD COMMUNITY BENEFITS GOES DOWN FROM 30, 20 TO TEN PEOPLE WAIT. T>>Vice Chair Dos Santos Tam: SIMILARLY COMMUNITY BENEFIT UNIT, 21 SCALED UP. WHERE WERE OUT OF YOUR RECOLLECTION, WHERE WERE THOSE TYPICALLY SOLD? WHAT AMI POOL? >>Testifier: ACTUALLY, ALL OF COMIEWRCHT BENEFITS, UNIT, EXCEPT FOR ONE OF THEM -- COMMUNITY) THE BUYER CHOSE, BUYERS ALL CHOSE TO WAIT UNTIL IT DROPPED FROM 30 TO 2010 AND SOLD WHEN IN THE TEN IMREERD. 20, TO 10. ONE BUYER BOUGHT WHILE IT WAS STILL 30 YEAR PERIOD, IT WAS GREAT, BEST UNIT. AND THEY FELT THAT I THINK THEY WERE IN THAT KUPUNA AGE GROUP. EL. >>Vice Chair Dos Santos Tam: I GUESS WHAT I'M TRYING TO GET AT IS WE, DEVELOPER NEGOTIATES WITH THE CITY. THIS HAPPENED IN 2018. MORTGAGE RATES, AVERAGE MORTGAGE RATE AT THE TIME THEY WERE NEGOTIATING WAS ABOUT 4 AND A QUARTER PERCENT. SO I'M NOT SURE IF IT WAS TOTALLY UNREASONABLE FOR THEM TO EXPECT THAT FOLKS IN THIS AMI GROUP COULD AFFORD THE UNIT AT THAT TIME. BUT BECAUSE OF ALL KNOW EVERYTHING GONE ON SINCE 2018, AND WHERE MORTGAGE RATES ARE NOW, I THINK IT'S ABOUT 6.5%. THE EXPECTATIONS FROM 2018 VERSUS NOW ARE TOTALLY DIFFERENT. I ALSO WANTED TO ASK THE IF WE'RE GOING TO GO ABOUT MAYBE I'M CONFINE THIS TO DPP. GET THE DPP DIRECTOR TO COME UP. QUESTION FOR HER. >>Testifier: AFTER TESTIMONY. IS THAT OKAY? I WOULD LIKE TO ACTUALLY CONCLUDE THIS PORTION AND MOVE ON TO TESTIMONY AND THEN BRING UP THE ADMINISTRATION. IS THAT OKAY? BEFORE I CALM THE ADMINISTRATION. I WOULD LIKE TO TAKE PUBLIC TESTIMONY. PRECEDING FIRST WITH IN-PERSON TESTIMONY IN THE COUNCIL CHAMBER. ANY IN-PERSON TESTIFIERS FOR THIS ITEM? >>Council Clerk: CHAIR, THERE ARE NONE. >>Chair Kia'aina: ANYONE ELSE IN THE KAPALAMA BERHOW WOULD LIKE TO TESTIFY? IN THE CHAMBER. >>Chair Kia'aina: SEEING NONE. REMOTE TESTIMONY. DO WE HAVE A IN REMOTE TESTIFIERS? >>Council Clerk: CHAIR, WE HAVE ONE. STANDING BY. >>Chair Kia'aina: IS THAT ANGELA MELODY YOUNG? >>Testifier: YES. CHAIR. >>Chair Kia'aina: PLEASE PROCEED. >>Testifier: THANK YOU. SO I GOT TO WITNESS THE WORK AND COORDINATION OF AVALON TEAM TO TAKE THE STAGE TO ONE. IN FAVOR TO MOOD MODIFY SET OF REQUIREMENTS TO AMEND THE PROJECT BASED ON KNOWLEDGE OF FINANCIAL PLANNING FOR RENTERS AND BUYERS, AND BASED ON RESULTS OF DEVELOPMENT. HAVING EXPERIENCE DEVELOPMENT COMPANIES LIKE AVALON, THAT DEVELOP INTO PICKLE BALL COURT AND UNITS RRS CITY, -- YIEWFER, HOMELESS PEOPLE AND GANGS, FAMILIES AND STUDENT AN PEOPLE -- KNOWING WHAT TO BUILD STRATEGY AND COMMUNITY COMES FROM EXPERIENCE. NOT JUST RANDOM PROJECTS. I DON'T THEY HAVE TO BE SUPER-TECHNICAL. SO TO WITNESS VISION OF INTEGRATING DEVELOPMENT DESIGNS WHERE T.O.D. DISTRICT OUTREACH AND DISCUSSIONS DOING TODAY. ENSURING GR GROWTH TO SEE CONCET AND VISIONS COMMUNITY TO BOOST TRANSIT RIDERSHIP AND ENHANCE ECONOMIC DEVELOPMENT FOR FAMILY ALSO BUILDING GREAT OPTION FOR HOUSING. ANTICIPATING SOMETHING NEVER BEEN DONE BEFORE. BILLING TRAIN AND T.O.D. ZONE. AND YET COUNTY STRATEGY FOR ISLANDWIDE. >>Chair Kia'aina: THANK YOU SOME OF. -- >>Chair Kia'aina: THANK YOU SO MUCH. IS THERE ANY MORE TESTIFIERS? PLEASE RAISE THE HAND BUTTON? ADMINISTRATION PUPUS DIRECTOR OF DPP? DAWN APUNA. >>Testifier: SUPPORTIVE OF THIS RESOLUTION AND I'M HERE FOR ANY QUESTIONS. >>Chair Kia'aina: LEILANI ESTATES START WITH TYLER DOS-SANTOS TAM. FIRST AND THEN GO COUNCILMEMBER TUPOLA. >>Vice Chair Dos Santos Tam: THANK YOU. NOTED IN THE POWER POWERPOINT PRESENTATION THAT DPP GAVE THEM PERMISSION TO TEMPORARILY RENT THESE UNSOLD UNITS. WHAT GUESS WHAT AUTHORITY DO YOU HAVE UNDER ORDINANCE TO GIVE THIS KIND OF PERMISSION? >>Testifier: I THINK THERE ARE IN THE RULES SOME DISCRETION FOR US DO THAT. >>Vice Chair Dos Santos Tam: I GUESS WE'VE GONE THROUGH THIS COUPLE OF DIFFERENT WAYS. NOT JUST THIS PROJECT. BUT ANOTHER PROJECT I THINK IT WAS PARK ON COUNCILMEMBER OKIMOTO WHERE THE DEBT TO INCOME RATIO POST POSED ISSUE FOR PERSPECTIVE RENTERS OR BUYERS TO GET INTO THE UNIT. ON KEEAUMOKU. BUYERS IN THAT CASE. WHEN WE GET TO PERHAPS FUTURE BILL REDOES THIS, IS IT DEPARTMENT OPEN TO PROVIDING A LITTLE BIT MORE FLEXIBILITY. WHEN THE DEVELOPER COMES IN NEGOTIATE, THIS SAME R SAY 2018 VERSUS NOW, 7 YEARS LATER, THE WORLD TOTALLY DIFFERENT. AND MAYBE WE NEED TO GRANT A LITTLE BIT MORE FLEXIBILITY. RATHER THAN RIGIDNESS TO MAKE HOUSING HAPPEN. >>Testifier: YES. TOTALLY AGREE. I THINK THIS IS SIX YEARS OLD POLICY. SO WE'RE LEARNING AND COUNCIL LEARNING AND WE CAN ADJUST AND BE FLEXIBLE. SO THAT WE CAN FILL THESE UNITS EFFECTIVELY. >>Vice Chair Dos Santos Tam: >>Chair Kia'aina: COUNCILMEMBER TUPOLA. >>Councilmember Tupola: THANK YOU CHAIR. NOT TO BELABOR THIS. BUT JUST WOULD YOU BE WILLING TO WORK WITH US OR MYSELF BECAUSE I DID PROPOSE SOME CHANGES TO THIS AND PRIOR BILL. PROIN DEUCED TO COUNCILMEMBERS HERE. BUT THEY WERE, SUGGESTED THAT WE DO IT SEPARATELY. -- INPRODWIEWSED IN REGARDS TO DIFFERENT TIERS -- IN INTRODUCED IN REGARDS TO DIFFERENT TIERS. YOU'RE OPEN TO AMENDING THIS? >>Testifier: YES. >>Councilmember Tupola: PERFECT. >>Testifier: DHLM HOUSING POLICY EXPERTS WE WOULD WANT THEM TO BE INVOLVED. BECAUSE THEY CAN CERTAINLY PROVIDE GOOD EXPERTISE ABOUT WHAT MAKES SENSE. >>Councilmember Tupola: I THINK IT WOULD BE GREAT. TOO, PRESENTER'S POINT, IT WAS THE FIRST PROJECT THAT DECIDED TO VENTURE INTO THE 30 YEARS. SO TESTED, RESULTS, NOW WE KNOW WHAT TO DO. I THINK THAT'S WHY WHEN WE NEED TO PIVOT. THANK YOU DIRECTOR. THANK YOU CHAIR. >>Chair Kia'aina: THANK YOU. ANY OTHER QUESTIONS? CHAIR REARMS RESOLUTION 25-288 BE REPORTED OUT FOR ADOPTION. ANY DISCUSSION? ANY OBJECTIONS OR RESERVATIONS? HEARING NONE SO ORDERED. I'M VERY PROUD THAT WE HAVE FINISHED BUSINESS WITHIN 2 HOURS. THANK YOU FOR THE MEMBERS WHO NOTIFIED ME THAT WERE YOU STUCK IN TRAFFIC BECAUSE WE WERE ABLE TO MAKE SURE THAT WE HAD QUORUM TO START ON TIME. AND I'M GOING TO TRY TO KEEP OUR ZONING HEARINGS TO EITHER 2 HOURS IN AVERAGE, 3 HOURS MAXIMUM, IF IT GOES PAST THREE-HOURS, I WILL BUY LUNCH FOR EVERYONE. MAHALO EVERYONE. FOR BEING HERE TODAY. THERE BEING NO FURTHER BUSINESS, THIS MEETING IS ADJOURNED. >>(ADJOURNED). ♪