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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: Calvin K.Y. Say, Chair Tyler Dos Santos-Tam, Vice Chair Radiant Cordero Esther Kiaʻāina Matt Weyer |
Item No. 2 – Resolution 24-232 on page 3 has been cancelled.
AGENDA
REGULAR MEETING
CITY COUNCIL CHAMBER
WEDNESDAY, SEPTEMBER 25, 2024
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.
Remote Testimony
1. For direct access to submit oral testimony call: +1-253-215-8782, enter ID: 82234712740 and Passcode: 944166.
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.
Should you have any questions, please call (808) 768-3816 or send an email to kiana.pascual@honolulu.gov.
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Meeting materials (“board packet” under HRS Section 92-7.5) 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 kiana.pascual@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 24-209 – APPOINTMENT OF RYAN TOYOMURA TO THE ZONING BOARD OF APPEALS. Confirming the appointment of Ryan Toyomura to serve on the Zoning Board of Appeals of the City and County of Honolulu for a term to expire on June 30, 2026. (Transmitted by Communication MM-146[24]) (Public Hearing held on 9/4/24)
MM-146(24) MAYOR BLANGIARDI - Draft Resolution confirming the appointment of Ryan Toyomura to the Zoning Board of Appeals.
M-0391(24) Testimony on RES24-209 for Sep 4, 2024 @ 10:00 AM COUNCIL Meeting.
M-0414(24) Testimony on RES24-209 for SEPT 25, 2024 @ 9:00 AM Zoning (ZON) Meeting.
M-0419(24) Testimony on RES24-209 for Sep 25, 2024 @ 09:00 AM ZONING (ZON) Meeting.
090424 Council Minutes - ADOPTED 10/09/24
Item No. 2 has been cancelled
2. RESOLUTION 24-232 – ACCEPTANCE OF A GIFT (DPP). Accepting a gift to the City valued at $6,160 from the International Association of Plumbing and Mechanical Officials (IAPMO), Hawaiʻi Chapter of lodging, airfare, registration, meals, and incidentals for two Department of Planning and Permitting employees to attend the 2024 IAPMO Annual Education and Business Conference in Las Vegas, Nevada. (Transmitted by Communication D-661[24])
D-0661(24) PLANNING AND PERMITTING - Draft Resolution accepting a gift from the International Association of Plumbing and Mechanical Officials (IAPMO), Hawaiʻi Chapter.
3. RESOLUTION 24-215 – REVISION TO THE PUBLIC INFRASTRUCTURE MAP. Adopting a revision to the Public Infrastructure Map for the Central Oʻahu Sustainable Communities Plan Area to add a symbol for a water reservoir in the vicinity of the H-2 Interstate Freeway at the foot of Waiawa Ridge in Pearl City. (Transmitted by Communication D-630[24])
D-0630(24) PLANNING AND PERMITTING - Draft Resolution Adopting a Revision to the Public Infrastructure Map for the Central Oʻahu Sustainable Communities Plan Area.
D-0691(24) BOARD OF WATER SUPPLY - Testimony on RES24-215 for Sep 25, 2024 @ 9:00 A.M. ZONING (ZON) Meeting.
EXTENSION OF TIME ONLY
4. RESOLUTION 24-227 – IPD-T PROJECT FOR 1667 KAPIʻOLANI DEVELOPMENT (2024/PDP-1). Approving a conceptual plan for an Interim Planned Development-Transit Project to redevelop 56,250 square feet of land zoned BMX-3 Community Business Mixed-Use District within the Ala Moana Neighborhood Transit Oriented Development Plan Area with a mixed-use development Project, located at 1659, 1661, 1663, 1665, 1667, 1673, 1677, 1679, and 1681 Kapiʻolani Boulevard and 1646 Kona Street, and identified as Tax Map Keys 2‑3‑041: 003 and 004. (Applicant: KCR Development) (Transmitted by Communication D-651[24]) (Current deadline for Council action: 11/4/24)
D-0651(24) PLANNING AND PERMITTING - Draft Resolution approving a conceptual plan for an Interim Planned Development-Transit project for the 1667 Kapiʻolani Development.
M-0410(24) R.M. TOWILL CORPORATION – Request for Extension of Time, Resolution 24-227.
Related communication:
M-410 (2024) R.M. Towill, requesting a 120-day extension of time.
5. RESOLUTION 24-226 – 1226 MOKULUA DRIVE – LANIKAI (2024/SMA-44) (2024/SV-1). Denying a Special Management Area (“SMA”) Major Permit and Shoreline Setback Variance (“SSV”) to Graham and Elaine Smith (“Applicants”) to allow the installation of 16-foot deep steel sheet piles on the mauka side of the existing nonconforming seawall, covered and bolted to the seawall by a concrete sheet pile cap, held in place by nine steel tie-back rods attached to nine concrete deadman anchors buried 25 feet mauka of the seawall, including the addition of concrete splash lip of one to 3.5 feet in height atop the nonconforming seawall on an 18,076 square foot shoreline lot, zoned R-10 Residential District, located at 1226 Mokulua Drive in Lanikai, and identified as Tax Map Key 4-3-005: 056. (Applicants: Graham and Elaine Smith) (Transmitted by Communication D‑626[24]) (Current Deadline for Council action: 10/22/24)
D-0626(24) PLANNING AND PERMITTING - Special Management Area (SMA) Major Permit and Shoreline Setback Variance (SSV), Smith Seawall Modification and Rubble Rip Rap Reconstruction, 1226 Mokulua Drive - Lanikai Tax Map Key 4-3-005: 056.
M-0411(24) G70 - Request for Extension of Time, Resolution 24-226.
M-0415(24) Testimony on RES24-226 for SEPT 25, 2024 @ 9:00 AM Zoning (ZON) Meeting.
M-0418(24) Testimony on RES24-226 for Sep 25, 2024 @ 09:00 AM ZONING (ZON) Meeting.
Related communication:
M-411 (2024) G70, requesting an extension of time.
FOR ACTION
6. RESOLUTION 24-208 – 54-84 KAMEHAMEHA HIGHWAY – HAUʻULA (2024/SMA-25). Granting a Special Management Area (“SMA”) Major Permit to HI Home Buyers Group (“Applicant”) to allow for the construction of a new two‑story, single-family detached dwelling and accessory dwelling unit, carport, and perimeter fence on approximately 5,064 square feet of land zoned R‑5 Residential District, located at 54‑84 Kamehameha Highway in Hauʻula, and identified as Tax Map Key 5-4-001: 048. (Applicant: HI Home Buyers Group) (Transmitted by Communication D‑600[24]) (Current Deadline for Council action: 10/13/24)
D-0600(24) PLANNING AND PERMITTING - Draft Resolution granting a Special Management Area Permit to allow the construction of a new Single-Family Dwelling, Accessory Dwelling Unit, and fence in Hauʻula, Oʻahu.
M-0420(24) WHALE Environmental Services LLC - Presentation on RES24-208 for Sep 25, 2024 @ 9:00 AM ZONING (ZON) Meeting.
PROPOSED CD1 TO RESOLUTION 24-208 (Submitted by Councilmember Say) – The Proposed CD1 (OCS2024-0861/9/19/2024 8:07 AM) makes the following amendments:
A. Amends the title of the resolution title to read as follows:
"GRANTING A SPECIAL MANAGEMENT AREA MAJOR PERMIT TO ALLOW FOR THE CONSTRUCTION OF A NEW TWO-STORY STRUCTURE WITH A PRIMARY DWELLING UNIT ON THE SECOND FLOOR, ATTACHED ACCESSORY DWELLING UNIT ON THE GROUND FLOOR, CARPORT, AND FENCE IN HAUʻULA, OʻAHU."
B. In the first WHEREAS clause, clarifies the description of the Project.
C. In the second WHEREAS clause, clarifies that for the public hearing on the Project, no verbal testimony was offered and no written testimony was received.
D. In Condition C, requires that the landowner acknowledgement only be stated under "Landowner Acknowledgements" on all Project building permit plans (rather than on all Project construction permit plans and building permit plans).
E. In Condition E, relating to landowner acknowledgements of coastal hazards:
1. Designates as Condition E.1 the landowner acknowledgement regarding potential harm to or loss of life and property due to coastal hazards; and
2. Adds a new Condition E.2 to add a landowner acknowledgement regarding assumption of the risk and liability for development in close proximity to the shoreline, and accepting responsibility for the cost and physical removal of materials and structures lost or damaged as a result of coastal hazards.
F. Amends Condition I as follows:
1. Deletes former Condition I.1 because the Project site is not a shoreline zoning lot and is not subject to the shoreline setback requirements.
2. Designates former Condition I.2 as Condition I, and clarifies that any extension proposal will be deemed denied if the Council fails to take final action within the first to occur of: (1) sixty days after receipt of the DPP Director's report or (2) the Applicant's then-existing deadline for obtaining a construction permit or building permit (rather than a development permit).
G. Makes miscellaneous technical and nonsubstantive amendments.
7. RESOLUTION 24-225 – 91-173 AND 91-173A ʻEWA BEACH ROAD (2024/SMA‑48). Granting a Special Management Area (“SMA”) Major Permit to Lorenzo Village LLC and Suzie T. Mai‑French Trust (“Applicants”) to allow the construction of a new single-family dwelling with an attached three-car garage, and the construction of a new carport and second floor addition to an existing single‑family dwelling, on approximately 12,502‑square‑feet of land zoned R‑5 Residential District, located at 91‑173 and 91‑173A ʻEwa Beach Road, and identified as Tax Map Key 9-1-023: 010. (Applicants: Lorenzo Village LLC and Suzie T. Mai-French Trust) (Transmitted by D-654[24]) (Current Deadline for Council action: 11/5/24)
D-0654(24) PLANNING AND PERMITTING - Draft Resolution granting a Special Management Area Major Permit to allow the construction of a new single-family dwelling unit, second floor addition to an existing single-family dwelling and other improvements at Tax Map Key 9-1-023: 010 in ʻEwa Beach, Oʻahu.
M-0441(24) TENILLE NAKAYAMA - Presentation on RES24-225 for Sep 25, 2024 @ 9:00 AM ZONING (ZON) Meeting.
PROPOSED CD1 TO RESOLUTION 24-225 (Submitted by Councilmember Say) – The Proposed CD1 (OCS2024-0860/9/19/2024 9:19 AM) makes the following amendments:
A. Amends the title of the resolution to read as follows:
"GRANTING A SPECIAL MANAGEMENT AREA MAJOR PERMIT TO ALLOW FOR THE CONSTRUCTION OF A NEW SINGLE-FAMILY DETACHED DWELLING WITH ATTACHED GARAGE AND THE CONSTRUCTION OF A NEW SECOND FLOOR ADDITION AND CARPORT FOR AN EXISTING SINGLE-FAMILY DETACHED DWELLING IN ʻEWA BEACH, OʻAHU."
B. In Condition C.2, clarifies that the condition applies to artificial light fixtures on the Project site (rather than the zoning lot).
C. Adds a new Condition F to provide for a landowner acknowledgement that land makai of the regulatory shoreline is State public land, falls within the State Land Use Conservation District, and must remain available for public use and recreational activities; should any portion of a structure encroach into State public land, the State Board of Land and Natural Resources may require the removal of the structure or a lease for the encroachments extending into the State public land; and the landowner holds harmless and indemnifies the City for any responsibility that may result from adverse impacts associated with sea level rise and coastal erosion. Also requires the statement to be clearly stated under "Landowner Acknowledgements" on all building permit plans.
D. Adds a new Condition G to add a landowner acknowledgement that bed and breakfast homes and transient vacation units are not allowed on the Project site.
E. Adds a new Condition H to provide for landscaping requirements applicable to shoreline zoning lots. Realphabetizes subsequent conditions.
F. In realphabetized Condition I.1, clarifies that the pre-June 30, 2024 shoreline setback will apply only if the Applicant obtains the building permit for the addition to the existing single-family detached dwelling by June 30, 2025.
G. Deletes former Condition G because it is duplicative of realphabetized Condition I.2, which among other things sets a 36-month deadline (after the effective date of the SMA Major Permit) for the Applicant to obtain a construction permit or building permit for the Project.
H. Makes miscellaneous technical and nonsubstantive amendments.
8. RESOLUTION 24-219 – 57-320 PUNAULUA PLACE – KAHUKU (2024/SMA‑49). Granting a Special Management Area (“SMA”) Major Permit to Modern Development, LLC (“Applicant”) to allow for the construction of a new single-family detached dwelling with an attached garage on approximately 19,340 square feet of land zoned R-5 Residential District, located at 57‑320 Punaulua Place in Kahuku, and identified as Tax Map Key 5-7-003: 049. (Applicant: Modern Development, LLC) (Transmitted by Communication D‑632[24]) (Current Deadline for Council action: 10/27/24)
D-0632(24) PLANNING AND PERMITTING - Draft resolution requesting approval of Special Management Area (SMA) Major Permit, New Single-Family Dwelling, 57-320 Punaulua Place - Kahuku, Tax Map Key 5-7-003: 049.
M-0409(24) G70 - Presentation on RES24-219 for SEPT 25, 2024 @ 9:00 AM Zoning (ZON) Meeting.
PROPOSED CD1 TO RESOLUTION 24-219 (Submitted by Councilmember Say) – The Proposed CD1 (OCS2024-0858/9/18/2024 2:18 PM) makes the following amendments:
A. Amends the title of the resolution to read as follows:
"GRANTING A SPECIAL MANAGEMENT AREA MAJOR PERMIT TO ALLOW FOR THE CONSTRUCTION OF A NEW SINGLE-FAMILY DWELLING WITH LANAIS, AN ATTACHED GARAGE, AND OTHER IMPROVEMENTS IN KAHUKU, OʻAHU."
B. Amends the first WHEREAS clause to clarify the description of the Project.
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C. Amends the second WHEREAS clause to state that no verbal testimony was offered at and no written testimony was submitted for the public hearing.
D. Amends the third WHEREAS clause to clarify that the DPP transmitted its findings and recommendation of approval to the City Council within 46 calendar days (instead of 45 calendar days) after the close of the public hearing.
E. Amends Condition A to reference Exhibits A, B, C-1 through C-6, and D through L (instead of C-1 through C-5).
F. Adds a new Condition G.2 to provide that based on continuing discussion with the State Historic Preservation Division ("SHPD"), if an archaeological inventory survey ("AIS") is required by SHPD, prior to the issuance of any construction permit or building permit for the Project, the Applicant shall submit to the DPP a copy of an AIS with subsurface testing conducted by a SHPD-approved archaeologist that has been reviewed and approved by SHPD.
Renumbers subsequent conditions in Condition G.
G. Amends renumbered Condition G.3 to require the Applicant to consult with SHPD to implement all mitigation protocols approved or otherwise required by SHPD for all archaeological, historic, and cultural resources (including iwi kūpuna) discovered on the Project site. Also adds that prior to the commencement of ground-disturbing activity and Project construction, a coordination meeting must be conducted among the Project's archaeological consultants, the construction contractor, and the applicable subcontractors to ensure that the construction contractor and the applicable subcontractors have been informed of all mitigation protocols required by SHPD.
H. Amends Condition I.1 to provide that the Applicant proposes to import approximately 30 cubic yards of soil (instead of nonstructural) fill material, and clarify that no importation of structural fill material is proposed.
I. Combines Conditions J, K, and L into a single Condition J (newly entitled "Permits").
1. Amends Condition J.1 to add that the building permit application was accepted as complete on June 18, 2024; and
2. Amends Condition J.2 to clarify that prior to the issuance of any Project construction permit or building permit, the Applicant is required to obtain a Minor Shoreline Structure Permit for any proposed structures located within the shoreline setback area, including the privacy and security fence. If the Project's building permit for the Project is not obtained by June 30, 2025, the dwelling eaves that encroach into the 60-foot shoreline setback must be included in the Minor Shoreline Structure Permit.
Realphabetizes the subsequent conditions in the resolution.
J. In the exhibits attached to the resolution, adds a new Exhibit C-2 containing the ground level floor plan; renumbers the subsequent pages of Exhibit C (from C-2 through C-5 to C-3 through C-6); and replaces Exhibits C-1 and C-3 through C-6 with higher quality versions of the documents that are more legible.
K. Makes miscellaneous technical and nonsubstantive amendments.
Related communication:
M-409 (2024) Presentation submitted by G70 for Resolution 24-219.
9. RESOLUTION 24-231 – 312 WAILUPE CIRCLE – WAILUPE PENINSULA (2024/SMA-54). Granting a Special Management Area (“SMA”) Major Permit to Timothy Gutierrez (“Applicant”) to allow the construction of a new single-family dwelling, on approximately 18,316-square-foot shoreline lot zoned R‑10 Residential District, located at 312 Wailupe Circle, and identified as Tax Map Key 3-6-001:019. (Applicant: Timothy Gutierrez) (Transmitted by Communication D‑659[24]) (Deadline for Council action: 11/9/24)
D-0659(24) PLANNING AND PERMITTING - Draft Resolution granting a Special Management Area Major Permit to allow the construction of a new Single-Family Dwelling Unit and attached garage in Wailupe Peninsula, Oʻahu.
M-0412(24) G70 - Presentation on RES24-231 for SEPT 25, 2024 @ 9:00 AM Zoning (ZON) Meeting.
PROPOSED CD1 TO RESOLUTION 24-231 (Submitted by Councilmember Say) – The Proposed CD1 (OCS2024-0863/9/19/2024 7:49 AM) makes the following amendments:
A. Amends the first WHEREAS clause to clarify that the Applicant is Timothy Gutierrez, on behalf of Keith Horita, and to clarify the description of the Project.
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B. Amends the second WHEREAS clause to state that the landowner was present at the public hearing and that one member of the public submitted written comments.
C. Amends the third WHEREAS clause to clarify that the DPP transmitted its findings and recommendation of approval to the City Council within 45 calendar days (instead of working days) after the close of the public hearing.
D. In Condition C, relating to minimizing impacts to threatened, endangered, or protected avian, marine, and terrestrial fauna that may frequent or traverse the vicinity of the Project site:
1. In Condition C.2, deletes the last sentence that requires exterior lighting that is not necessary for security purposes to be turned off when human activity is not occurring in the illuminated area (this requirement is not imposed when the Project involves a detached dwelling on private property).
2. Adds a new Condition C.4 that specifies that woody plants greater than 15 feet in height must not be disturbed, removed, or trimmed during the Hawaiian hoary bat birthing and pup rearing season (June 1 through September 15). Renumbers subsequent conditions in Condition C.
E. In Condition D, relating to minimizing the potential for adverse impacts of coastal hazards:
1. Moves the language in Condition D.1, which prohibits the landowner from claiming hardship to obtain approval for a Shoreline Setback Variance for a new shoreline protection structure, to a new Condition E. Renumbers subsequent conditions in Condition D, and realphabetizes subsequent conditions after Condition E.
2. Adds a new Condition D.2 that states, "The landowner hereby acknowledges that Tax Map Key 3-6-001:019 is a shoreline zoning lot and may be adversely impacted by coastal hazards. The landowner agrees to assume all risk and liability for any harm to or loss of life and property due to development on a shoreline zoning lot. The landowner further agrees to accept all responsibility for the cost and physical removal of materials and structures lost or
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damaged as a result of coastal hazards, including the cleanup and restoration of the Project site."
F. Adds a new Condition F that requires the landowner to acknowledge that "land makai of the regulatory shoreline is State public land, falls within the State Land Use Conservation District, and must remain available for public use and recreational activities. The landowner further acknowledges that should any portion of a structure encroach into State public land, the State Board of Land and Natural Resources may require the removal of the structure or a lease for the encroachments extending into the State public land. As a result of this acknowledgement, successor owners and interested parties are hereby notified of this same information and the landowner shall hold harmless and indemnify the City for any responsibility that may result from adverse impacts associated with sea level rise and coastal erosion." Also requires the statement to be clearly stated under "Landowner Acknowledgements" on all building permit plans. Reaphabetizes subsequent conditions.
G. Adds a new Condition G that requires the landowner to acknowledge that "bed and breakfast homes and transient vacation units, as those terms are defined in ROH Chapter 21, the Land Use Ordinance, are not allowed on Tax Map Key 3‑6‑001:019," and requires this statement to be clearly stated under "Landowner Acknowledgements" on all building permit plans. Reaphabetizes subsequent conditions.
H. Attaches to the resolution Exhibits A, B, C-1 through C-6, and D through H.
I. Makes miscellaneous technical and nonsubstantive amendments.
Related communication:
M-412 (2024) Presentation submitted by G70 for Resolution 24-231.
10. RESOLUTION 24-228 – HALE MELIA 201H PROJECT. Authorizing, pursuant to HRS Section 201H-38, exemptions from certain requirements relating to the Hale Melia affordable rental housing project on approximately 31,977 square-feet of land zoned BMX-3 Community Business District, located at 1105 Piʻikoi Street and 1216 Young Street in Downtown Honolulu, and identified as Tax Map Keys 2‑4‑004: 046 and 078. (Applicant: Hale Melia, LLP) (Transmitted by Communication D‑660[24]) (Deadline for Council Action: 10/25/24)
D-0660(24) PLANNING AND PERMITTING - Draft Resolution authorizing exemptions from certain requirements relating to the Hale Melia Affordable Rental Housing Project located in Downtown, Oʻahu.
D-0674(24) PLANNING AND PERMITTING - Preliminary plans and project specifications For Departmental Communication D-660(24), Hale Melia 1105 Piʻikoi Street and 1216 Young Street- Honolulu, TMK: 2-4-004: 046 and 078.
M-0438(24) TRADEWIND CAPITAL - Presentation on RES24-228 for Sep 25, 2024 @ 9:00 AM ZONING (ZON) Meeting.
M-0421(24) Testimony on RES24-228 for Sep 25, 2024 @ 09:00 AM ZONING (ZON) Meeting.
PROPOSED CD1 TO RESOLUTION 24-228 (Submitted by Councilmember Say) – The Proposed CD1 (OCS2024-0864/9/19/2024 11:05 AM) makes the following amendments:
A. Amends the resolution title to read as follows:
"AUTHORIZING EXEMPTIONS FROM CERTAIN REQUIREMENTS RELATING TO THE HALE MELIA AFFORDABLE RENTAL HOUSING PROJECT IN HONOLULU, OʻAHU."
B. In the first WHEREAS clause, references Exhibits A, B, and C-1 through C‑12, which are attached to the resolution.
C. In the second WHEREAS clause, clarifies that the Project involves a 23‑story residential tower and seven-story parking podium.
D. In the seventh WHEREAS clause, provides that the Project's preliminary plans and specifications (dated May 24, 2024 and July 8, 2024), were submitted by the DPP to the Council on September 17, 2024, by Departmental Communication 674 (2024).
E. In the BE IT RESOLVED clause:
1. Deletes former Exemption 5 and duplicate former Exemption 11, relating to a deferral of the payment of wastewater sewer service fees until the issuance of a certificate of occupancy for the Project (estimated at $25,000 per month). The Department of Environmental Services ("ENV") has previously stated that the fees are necessary to provide sewer services and is a recurring monthly service fee. Renumbers subsequent exemptions.
2. Amends renumbered Exemption 10, relating to maximum height, to reference ROH § 21-3.120-2(b) (in addition to Table 21-3.4 and the applicable zoning map).
3. Amends renumbered Exemption 11, relating to maximum floor area ratio, to reference ROH § 21-3.120-2(b) (in addition to Table 21-3.4).
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4. Amends renumbered Exemption 12, relating to height setbacks, to allow the residential tower to encroach up to 16 feet into the building height setbacks along the Young Street, Piʻikoi Street, and northeast property lines.
5. Amends renumbered Exemption 13, relating to joint developments, to reference ROH § 21-5.380 (in addition to Table 21-3), and to clarify that the exemption is to allow the Project site to be treated as one zoning lot for development purposes without first obtaining a Conditional Use Permit, as shown in the attached Exhibits.
6. Amends renumbered Exemption 14, relating to park dedication requirements, to provide that:
a. The exemption is from park dedication requirements attributed to 247 dwelling units, estimated at 20,536.4 square feet of park space, or the payment of an equivalent in-lieu fee estimated at $4,290,000; and
b. The exemption from park dedication requirements attributed to the one manager's dwelling unit only applies if federal or State of Hawaiʻi 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, including any extensions thereof.
F. In the first BE IT FURTHER RESOLVED clause:
1. In Condition B (relating to traffic conditions):
a. In Condition B.1, provides that the overall timeline or phasing plan must be in a format acceptable to the DPP, and must identify when a construction management plan ("CMP"), traffic management plan ("TMP"), and an update and validation to the traffic impact report ("TIR"), dated March 2024 (prepared by the Wilson Okamoto Corporation) will be submitted to the DPP for its review and approval.
b. In Condition B.2, specifies the information that must be included in the CMP, and incorporates the construction plan requirements in former Condition B.4.
c. In Condition B.3:
i. Specifies the information that must be included in the TMP;
ii. Incorporates the turning template requirements in former Condition B.5;
iii. Incorporates the pedestrian circulation plan requirements in former Condition B.6; and
iiii. Requires a post TMP approximately one year after the issuance of a certificate of occupancy for the Project to validate the relative effectiveness of the various traffic demand management ("TDM") strategies identified in the initial TMP.
d. Combines Conditions D and E (captioned "Driveways and vehicle areas"), and separates Condition D into three parts:
i. Condition D.1, relating to vehicle access points, minimum driveway width, and vehicle sight distance;
ii. Condition D.2, relating to driveway grades and the recessing of entry gates or guard shacks; and
iii. Condition D.3, relating to the design of loading, parking, and trash pickup areas so that vehicles enter and exit front first.
Realphabetizes subsequent conditions.
G. Makes miscellaneous technical and nonsubstantive amendments.
Related communication:
D-674 (2024) Department of Planning and Permitting, preliminary plans and project specifications for Departmental D-660(24), Hale Melia Project.
11. BILL 53 (2024) – RELATING TO THE SPECIAL MANAGEMENT AREA. Amending Chapter 25, Revised Ordinances of Honolulu 2021, relating to the special management area, including by incorporating amendments made by Act 229 to HRS Chapter 205A, the State Coastal Zone Management law. (Bill Passed First Reading on 9/4/24)
BILL053(24), PROPOSED CD1 - CS1
BILL053(24), PROPOSED CD1 - CS2
M-0398(24) Testimony on BILL053(24) for Sep 4, 2024 @ 10:00 AM COUNCIL Meeting.
M-0435(24) Testimony on BILL053(24) for Sep 25, 2024 @ 09:00 AM ZONING (ZON) Meeting.
090424 Council Minutes - ADOPTED 10/09/24
PROPOSED CD1 TO BILL 53 (2024) (Submitted by Councilmember Say) – The Proposed CD1 (OCS2024-0850/9/18/2024 6:47 AM) makes the following amendments:
A. In SECTION 2 of the bill, amends ROH § 25-1.3 ("Definitions") as follows:
1. Amends subdivision (1)(E) of the definition of "development" to provide that the term includes but is not limited to the construction or reconstruction of a dwelling unit that is situated on a shoreline lot or a zoning lot that is impacted by coastal hazards, has an aggregate floor area of 7,500 square feet or more, or is part of a larger development of two (instead of three) or more dwelling units; and
2. Amends subdivision (2)(A) of the definition of "development" to provide that the term does not include the construction or reconstruction of a one-family detached dwelling (instead of dwelling unit) that has less than 7,500 square feet of floor area, is not situated on a shoreline lot or a zoning lot that is impacted by coastal hazards, and is not part of a larger development of two (instead of three) or more dwelling units. (This tracks the language of the State Coastal Zone Management Act.)
B. In SECTION 4 of the bill,
1. Amends ROH § 25-5.3(a) to provide that if required under HRS Chapter 343 (instead of except for one-family and two-family detached dwellings on a single zoning lot), the applicant is required to prepare the applicable environmental disclosure document. (The ordinance could not modify the types of projects that are exempt from environmental assessment requirements under State law.)
2. Amends ROH § 25-5.3(i) to:
a. Provide that the DPP is the approving authority for the development of a one-family detached dwelling within the special management area that:
i. Has more than 7,500 square feet of floor area;
ii. Is situated on a shoreline lot or a zoning lot that is impacted by waves, storm surges, high tide, or shoreline erosion; or
iii. Is part of a larger development of two or more dwelling units.
(Instead of one-family and two family detached dwellings on a single zoning lot that are not part of a larger development of three or more dwelling units. The delegation of approval authority to the DPP is for the type of development that was added to the definition of development under Act 16, SLH 2020.)
b. Reformat the subsection into subdivisions.
3. Amends realphabetized ROH § 25-5.3(j) to provide that the Council is the approving authority for any development that is not subject to the DPP's approving authority pursuant to ROH § 25-5.3(i). (Instead of for any development that is not a one-family or two-family detached dwelling on a single zoning lot, or for development that is part of a larger development of three or more dwelling units. The Council retains its approval authority for all special management area major permits that are not expressly delegated to the DPP.)
C. Makes miscellaneous technical and nonsubstantive amendments.
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.
Calvin K.Y. Say, Chair
Committee on Zoning