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HONOLULU CITY COUNCIL KE KANIHELA O KE KALANA O HONOLULU CITY AND COUNTY OF HONOLULU
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COMMITTEE ON ZONING |
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Voting Members: Esther Kiaʻāina, Chair Tyler Dos Santos-Tam, Vice Chair Radiant Cordero Val A. Okimoto Matt Weyer |
AGENDA
REGULAR MEETING
CITY COUNCIL CHAMBER
THURSDAY, JANUARY 16, 2025
9:00 A.M.
Remote and in-person oral testimony will be permitted on all items on the agenda when each agenda item is taken up. Each speaker may not have anyone else read their statement and is limited to a one‑minute presentation.
As both English and Hawaiian are official languages of the State of Hawaiʻi, pursuant to Article XV, Section 4 of the Hawaiʻi State Constitution and Section 1-13 of the Hawaiʻi Revised Statutes, members of the public may testify in either language. For oral testimonies offered in ʻŌlelo Hawaiʻi, additional time as may be necessary will be allowed for the testifier to provide an English translation of their testimony.
Remote Testimony
1. For direct access to submit oral testimony call: +1-253-215-8782, enter ID: 86448063449 and Passcode: 700398.
2. To testify by videoconference visit: https://hnldoc.ehawaii.gov/hnldoc/testimony. Videoconference access information will be provided upon registration. Testifiers are encouraged to register/submit testimony at least 24 hours prior to the meeting.
Although remote oral testimony is being permitted, this is a regular meeting and not a remote meeting by interactive conference technology under HRS Section 92-3.7. Therefore, the meeting will continue notwithstanding loss of audiovisual communication with remote testifiers or loss of the public broadcast of the meeting.
Persons wishing to testify in-person in the Council Chamber are requested to register by 9:00 a.m. by filling out the registration form in person outside the Council Chamber. Persons who have not registered will be given an opportunity to speak following the oral testimonies of the registered speakers.
Written testimony may be uploaded at https://hnldoc.ehawaii.gov/hnldoc/testimony, or mailed to Office of the City Clerk, Attention: Information Section, 530 South King Street, Room 100, Honolulu, HI 96813. If submitted, written testimonies, including the testifier’s address, e-mail address, and phone number, will be available to the public at https://hnldoc.ehawaii.gov.
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Should you have any questions, please call (808) 768-9230 or send an email to sherry.arca@honolulu.gov.
Meeting materials are accessible at https://hnldoc.ehawaii.gov/hnldoc/browse/agendas by clicking on the appropriate Committee meeting.
The meeting will be viewable: (1) by internet live streaming through https://www.honolulucitycouncil.org/meetings; (2) by televised live broadcast on ‘Ōlelo TV Channel 54; and (3) on the monitor situated outside the Council Chamber. Viewers who experience a loss of viewing signal should try switching to another viewing option.
After the meeting, the meeting will be viewable on demand at https://www.honolulucitycouncil.org/meetings. Copies of older meeting videos may be requested by calling the City Clerk’s Office at (808) 768‑5822, charges may apply.
If you need auxiliary aid/service or other accomodation due to a disability or an interpreter for a language other than English, please call the Office of the City Clerk Information Section at (808) 768-5822 between 7:45 a.m. and 4:30 p.m. or send an email to sherry.arca@honolulu.gov as soon as possible or at least three (3) business days before the scheduled meeting. Requests made as early as possible have a greater likelihood of being fulfilled.
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FOR ACTION
1. RESOLUTION 24-297 – 1142 KĪNAʻU STREET AFFORDABLE RENTAL HOUSING 201H PROJECT. Authorizing, pursuant to HRS Section 201H-38, exemptions from certain City application fees, infrastructure, or public works fees and charges, and development standards for the development of the 1142 Kīnaʻu Street affordable rental housing project on approximately 18,750 square feet of land zoned A‑2 Medium Density Apartment District, located at 1142 Kīnaʻu Street in Downtown, O‘ahu, and identified as Tax Map Key 2‑4‑012: 029. (Applicant: Āhē Group) (Transmitted by Communication D‑856[24]) (Current Deadline: 2/7/25)
CC-004(25) WATERS - List of Assignments for Items Pending Before the Council, effective January 3, 2025. CCM
D-0856(24) PLANNING AND PERMITTING - Draft Resolution authorizing exemptions from certain requirements relating to the 1142 Kīnaʻu Street affordable rental housing project in Honolulu Oʻahu.
D-0026(25) BOARD OF WATER SUPPLY - Testimony on RES 24-297 for Jan 16, 2025 @ 09:00 AM ZONING (ZON) Meeting.
M-0015(25) AHE GROUP - Presentation on RES24-297 for Jan 16, 2025 @ 09:00 AM ZONING (ZON) Meeting.
PROPOSED CD1 TO RESOLUTION 24-297 (Submitted by Councilmember Kiaʻāina) – The CD1 (OCS2025-0040/1/10/2025 3:12 PM) makes the following amendments:
A. In the first WHEREAS clause, references Exhibits A, B, C, D-1 through D‑12, and E, which are attached to the resolution.
B. In the second and third WHEREAS clauses, clarifies the description of the Project.
C. Adds a seventh WHEREAS clause to provide that the Project's preliminary plans and specifications, dated August 7, 2024, and prepared by Design Partners Incorporated, were submitted by the DPP to the Council on December 24, 2024, by Departmental Communication 856 (2024).
D. In the BE IT RESOLVED clause:
1. Amends Exemption 2, relating to stormwater quality review and erosion and sediment control plan review fees to correct the estimated amount to be waived to $500 (instead of $250).
2. Adds a new Exemption 3 to provide an exemption from ROH § 18A‑2.4, to allow an exemption from the payment of grading and grubbing permit fees, estimated at $560. Renumbers subsequent exemptions.
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3. Adds a new Exemption 8 to provide for a deferral of the payment of wastewater system facility charges attributed two managers units until the issuance of a certificate of occupancy for the Project, estimated at $8,941. Renumbers subsequent exemptions.
4. Amends renumbered Exemption 12, relating to maximum building area, to clarify that the Project's maximum building area is 60 percent of the zoning lot, or approximately 11,250 square feet (instead of 50 percent of the zoning lot or approximately 9,375 square feet).
5. Amends renumbered Exemption 13, relating to maximum height, to provide that the Project's maximum height is 200 feet (instead of 207 feet), and that rooftop structures must conform to ROH § 21‑4.60(c) (see summary item 8 below).
6. Amends renumbered Exemption 15, relating to landscaped yards, to clarify that a portion of the Project's west side yard is not landscaped (landscaping is required in all yards).
7. Amends renumbered Exemption 16, relating to height setbacks, to provide that the Project encroaches up to 16 feet into the building height setback along the west property line, up to 14 feet into the building height setback along the east property line, and up to 14 feet into the building height setback along the north property line (instead of above 40 feet, an additional 1-foot setback for each additional 10 feet of height), as generally shown in the attached Exhibits.
8. Deletes former Exemption 16, relating to rooftop structures, because the Project complies with the rooftop structure requirements of
ROH § 21-4.60(c). Renumbers subsequent exemptions.
9. Amends renumbered Exemption 17, relating to permitted uses within yards and street setbacks, to clarify that the Project's vehicle parking spaces and loading space encroach up to 8 feet into the required 10‑foot east (instead of west) side yard.
10. Amends renumbered Exemption 18, relating to surface parking, to clarify that one parking space in the uncovered surface parking area encroaches up to 8 feet into the required 10-foot east side yard.
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11. Amends renumbered Exemption 19, relating to structured parking, clarifies that 20 parking spaces in the covered structured parking area encroach up to 8 feet into the required 10-foot east side yard. Also adds that the Project provides for less than the required vertical‑form trees to screen the structured parking (a vertical-form tree is required to be planted for every 50 linear feet of structured parking building length facing a required yard, but the Project is providing vertical-form trees that are concentrated along the west side yard and rear yard, not the east side yard, into which the structured parking encroaches).
12. Amends renumbered Exemption 20, relating to off-street loading space requirements, to clarify that the Project will provide one standard loading space (instead of one standard and one large loading space).
13. Amends renumbered Exemption 21 to clarify that the exemption from park dedication requirements attributed to the Project's 204 affordable rental units and two manager units is estimated at 22,660 square feet of park space, or the payment of an equivalent in-lieu fee estimated at $5,833,138. Also adds that the park dedication requirement attributed to the two manager units are only exempt if federal or State of Hawai‘i funding for the Project, such as the use of low income housing tax credits, prohibits the use or sale of the manager's dwelling unit as a revenue-generating or profit-generating dwelling unit for the required affordability period.
E. In the first BE IT FURTHER RESOLVED clause:
1. In Condition A, deletes the lead-in phrase "Except as modified herein," because the Project is not being modified by any of the conditions.
2. In Condition B, relating to traffic conditions, redesignates the items in the condition and:
a. Amends redesignated Condition B.1 to delete reference to an updated traffic impact analysis ("TIA") because a TIA dated October 4, 2024, was recently completed;
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b. Moves redesignated Condition B.3.c, relating to a post traffic management plan ("TMP"), to new Condition C.1; and
c. Moves redesignated Condition B.3.d, relating to a post TIA, to new Condition C.2.
3. Adds a new Condition C to:
a. Require a post TMP in Condition C.1, and
b. Require a post TIA in Condition C.2, and refer to the initial TIA dated October 4, 2024, prepared by Wilson Okamoto Corporation.
4. Adds a new Condition D, relating to Project driveways and service areas, to require that:
a. Vehicular access points to be constructed as City dropped driveways, adequate sight distance to pedestrians and other vehicles be provided from the Project driveway, and driveway grades not exceed five percent for a minimum distance of 25 feet from the Project site property line;
b. Any entry gates or guard shacks be recessed as far into the Project driveway as necessary to avoid queuing onto public streets; and
c. All loading, trash pickup, and parking areas be designed so that vehicles enter and exit front first, adequate turnaround and maneuvering areas be demonstrated by turning templates, and the layout of parking spaces in the loading and trash pickup areas not interfere with large vehicle turning maneuvers or impact driveway operations.
Re-letters the subsequent condition.
F. Deletes the Project's 201H application that was submitted to the DPP and inadvertently attached to the resolution after Exhibit E.
G. Makes miscellaneous technical and nonsubstantive amendments.
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2. RESOLUTION 24-256 – 6973 KALANIANAʻOLE HIGHWAY – HAWAIʻI KAI (2024/SMA-66 AND 2024/SV-2). Granting a Special Management Area (“SMA”) Major Permit to NMG HI Properties LLC (“Applicant”) to allow the construction of a new single-family dwelling with an attached two-car garage and swimming pool, and a Shoreline Setback Variance (“SSV”) to allow structures and activities in the shoreline setback area on approximately 10,007 square feet of land zoned R‑10 Residential District, located at 6973 Kalanianaʻole Highway, and identified as Tax Map Key 3‑9‑002: 031. (Applicant: NMG HI Properties LLC) (Transmitted by Communication D-736[24]) (Current Deadline: 3/13/25)
CC-004(25) WATERS - List of Assignments for Items Pending Before the Council, effective January 3, 2025. CCM
D-0736(24) PLANNING AND PERMITTING - Draft resolution requesting Special Management Area (SMA) Major Permit and Shoreline Setback Variance (SSV) Garg Residence - New Single-Family Dwelling 6973 Kalaniana’ole Highway - Hawaiʻi Kai Tax Map Key 3-9-002: 031
M-0517(24) HAWAII ENGINEERING GROUP, INC. - Request for Extension of Time, Resolution 24-256.
M-0542(24) Testimony on RES24-256 for Nov 20, 2024 @ 09:00 AM ZONING (ZON) Meeting.
M-0016(25) HAWAII ENGINEERING GROUP INC - Presentation on Item No. 2 RES24-256 for Jan 16, 2025 @ 09:00 AM ZONING (ZON) Meeting.
M-0014(25) Testimony on RES24-256 for Jan 16, 2025 @ 09:00 AM ZONING (ZON) Meeting.
112024 Committee on Zoning Written Summary for Video Record
121124 Council Minutes - ADOPTED 01/29/25
PROPOSED CD1 TO RESOLUTION 24-256 (Submitted by Councilmember Kiaʻāina) – The CD1 (OCS2025-0024/1/10/2025 8:34 AM) makes the following amendments:
A. Amends the resolution title to read as follows:
"GRANTING A SPECIAL MANAGEMENT AREA MAJOR PERMIT AND SHORELINE SETBACK VARIANCE TO ALLOW FOR THE CONSTRUCTION OF A NEW SINGLE-FAMILY DETACHED DWELLING AND OTHER IMPROVEMENTS IN HAWAIʻI KAI, OʻAHU."
B. Amends the first WHEREAS clause to correct the name of the applicant and clarify the description of the Project. Specifically provides that the Shoreline Setback Variance ("SSV") would allow portions of the single-family detached dwelling (442.74 square feet of building area and 885.48 square feet of floor area), and portions of the fencing, to encroach into the shoreline setback area.
C. Amends the third WHEREAS to add reference to ROH § 26-1.9 and
HRS § 205A-46 (relating to SSVs).
D. Amends the fourth WHEREAS clause to provide that the Council desires to approve the application for a Special Management Area ("SMA") Major Permit and SSV (instead of to deny the SSV).
E. In the BE IT RESOLVED clause, provides that an SMA Major Permit and an SSV be issued for the Project (instead of denial of the SSV).
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F. Deletes Condition A (relating to the revision of Project plans to remove the encroachment into the shoreline setback area) and Condition B (relating to requiring the Applicant to obtain a Minor Shoreline Structure Permit for the fencing that is located within the shoreline setback area). Re-letters subsequent conditions.
G. In re-lettered Condition A, relating to Project conformity, adds reference to ROH Chapter 26 (in addition to ROH Chapter 25) and an SSV (in addition to an SMA Major Permit). Also provides that except as modified in the resolution, development of the Project must conform with the DPP's findings and recommendation and the attached exhibits.
H. Adds a new Condition B to provide that prior to the issuance of any construction permit or building permit for the Project, the Applicant is required to incorporate into the Project plans the use of pervious materials, such as but not limited to grasscrete or grass block pavers, for the Project's driveway and walkways. Re-letters subsequent conditions.
I. In re-lettered Condition C, relating to archaeological, historical, or cultural resources, separates the condition into three parts, and
1. Adds a Condition C.1 to require the Applicant to submit to the DPP a copy of the written determination from the State Historic Preservation Division ("SHPD") pursuant to HRS § 6E-42; and
2. Adds a Condition C.2 to require the Applicant to consult with SHPD to implement all mitigation protocols approved or otherwise required by SHPD.
J. Amends re-lettered Condition E.1 to clarify that the Applicant proposes to import approximately 15 cubic yards of soil fill material, and no importation of structural fill material is proposed.
K. Adds a new Condition H to provide for a landowner acknowledgement that land makai of the regulatory shoreline is State public land.
L. Adds a new Condition I to provide for a landowner acknowledgement that bed and breakfast homes and transient vacation units are not allowed on the Project site. Re-letters subsequent conditions.
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M. In re-lettered Condition J, relating to permits, provides that the SMA Major Permit and the SSV are rendered null and void if a construction permit or building permit for the Project is not obtained within 36 months after the effective date of this SMA Major Permit and SSV.
N. In re-lettered Condition K, relating to compliance with other City ordinances, provides that the resolution is approving the SMA Major Permit and the SSV.
O. Adds a BE IT FURTHER RESOLVED clause to provide that no action may be prosecuted or maintained against the City, its officials, or its employees, on account of the actions taken by them in reviewing or approving the Special Management Area Major Permit and Shoreline Setback Variance.
P. Makes miscellaneous technical and nonsubstantive amendments.
3. RESOLUTION 25-23 – 98-150 LĪPOA PLACE – ‘AIEA (2024/SMA-86). Granting a Special Management Area (“SMA”) Major Permit to Līpoa Development LLC (the “Applicant”) to allow for the demolition of six existing two-story apartment buildings and construction of the Hale O Līpoa Affordable Rental Housing Project on approximately 42,000 square feet of land zoned BMX-3 Community Business Mixed Use District in the ‘Aiea-Pearl City Transit-Oriented Development Special District located at 98-150 Līpoa Place and identified as Tax Map Key 9-8-014: 021. (Applicant: Līpoa Development LLC) (Transmitted by Communication D-1) (Current Deadline: 2/26/25)
D-0001(25) PLANNING AND PERMITTING - Draft Resolution granting a Special Management Area (SMA) Major Permit to allow the development of an eight-story multi-family affordable rental housing project in ʻAiea, Oʻahu.
M-0019(25) ‘IKENĀKEA DEVELOPMENT LLC - Presentation on Item No. 3 RES25-23 for Jan 16, 2025 @ 09:00 AM ZONING (ZON) Meeting.
M-0005(25) Testimony on RES25-023 for Jan 16, 2025 @ 09:00 AM ZONING (ZON) Meeting.
M-0013(25) Testimony on RES25-23 for Jan 16, 2025 @ 09:00 AM ZONING (ZON) Meeting.
4. RESOLUTION 25-26 – THE HALE O LĪPOA AFFORDABLE RENTAL HOUSING DEVELOPMENT 201H PROJECT. Authorizing, pursuant to HRS Section 201H‑38, exemptions from certain City application fees, infrastructure, or public works fees and charges, and development standards for the development of the Hale O Līpoa Affordable Rental Housing Development Project on approximately 42,000 square feet of land zoned BMX-3 Community Business Mixed Use District in the ‘Aiea‑Pearl City Transit‑Oriented Development Special District located at 98‑150 Līpoa Place within the ‘Aiea neighborhood of O‘ahu, and identified as Tax Map Key 9‑8‑014: 021. (Applicant: Līpoa Development LLC) (Transmitted by Communication D-6) (Current Deadline: 2/21/25)
D-0006(25) PLANNING AND PERMITTING - Draft Resolution requesting exemptions from Development Regulations pursuant to Hawai'i Revised Statutes (HRS) Chapter 201H-38 Project: Hale 0 Lipoa Affordable Rental Housing Project, Landowner: Steve K. Ojiri Revocable Trust and Ray M. Ojiri Revocable Living Trust, Applicant: Lipoa Development LLC (Christopher M. Flaherty), Agent: 'Ikena'kea Development LLC (Nainoa J. Watson, Esq.), Location: 98-150 Lipoa Place — 'Aiea, Tax Map Key: 9-8-014: 021
D-0027(25) BOARD OF WATER SUPPLY - Testimony on RES 25-026 for Jan 16, 2025 @ 09:00 AM ZONING (ZON) Meeting.
M-0020(25) ‘IKENĀKEA DEVELOPMENT LLC - Presentation on Item No. 4 RES25-26 for Jan 16, 2025 @ 09:00 AM ZONING (ZON) Meeting.
M-0006(25) Testimony on RES25-026 for Jan 16, 2025 @ 09:00 AM ZONING (ZON) Meeting.
M-0023(25) Testimony on RES25-26 for Jan 16, 2025 @ 09:00 AM ZONING (ZON) Meeting.
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INFORMATIONAL BRIEFING
5. UPDATE BY THE DEPARTMENT OF PLANNING AND PERMITTING ON THE STATUS OF ENFORCEMENT EFFORTS REGARDING TRANSIENT VACATION UNITS AND BED & BREAKFAST HOMES
6. UPDATE BY THE DEPARTMENT OF LAND MANAGEMENT REGARDING PROPOSED AMENDMENTS TO ROH CHAPTER 38 (LEASE AND RENTAL OF CITY REAL PROPERTY, INCLUDING FEES) TO STREAMLINE AND FACILITATE LEASING PROCESSES AND PROCEDURES FOR CITY OWNED PROPERTY
EXECUTIVE SESSION
If the need arises with respect to any item on this agenda, then pursuant to Hawaiʻi Revised Statutes Sections 92-4 and 92-5(a)(4), the Committee may consult in a closed meeting with its attorneys in executive session on questions and issues pertaining to the Council’s powers, duties, privileges, immunities and/or liabilities relating to that item.
ESTHER KIAʻĀINA, Chair
Committee on Zoning