All right. All right. All right. All right. All right. All right. All right. All right. All right. All right. All right. All right. All right. All right. All right. inha everyone and welcome. I apologize for the late start. Here we are in the Committee for Legislative Proofles and Acquisitions. With me today, our Council Member Glimba, Council Member Viegas, Council Member Coneylee Klein-Pelder, Chair Inaba, Council Member Houston, and in Hila, we have Council Member Kagiwada and Council Member Quits. Mr. Chair, Mr. Clerk, do we have any testifiers? We have any testifiers here in the corner chambers for Bill 46. And I confirm with Mr. Araceli, we do not have any testifiers on Zoom at our courtesy sites. So if you'd like, Madam Chair, I'll proceed with reading in Bill 46. Yes, please, Mr. Clerk. Very good. Bill 46 amendments section 25-8, there's 30. Nalehu's own map, Article 8, Chapter 25 of the White County Code in 1983, 2016 edition, as amended by changing the zone map classification from single-finished residential 10,000 square feet to village commercial 10,000 square feet at Nalehu Ka'u Hauai cover by tax map key 959001 portion. Applicant LA services incorporated area, approximately 6,920.3 square feet. The Winter Planning Commission forwards, its unfavorable recommendation for this requested change of zone, which allowed the applicant to establish a unified zoning designation for the entire property. The property is located at 95-5591 Mamalo Highway. It's introduced by a customer or Kimble by request and we have communication 235.1 from customer or Heather or Kimble dated 11 April 11, 2025 transmitting a PowerPoint presentation for Bill 46. Thank you, Mr. Quick. May I have a motion? Chair, motion to Board Bill 46 to Council with a favorable recommendation. Second. Motion by Chair Inaba seconded by Council Member Glimba to send Bill 46 to Council with a favorable recommendation. At this time, I'd like to invite Director Daryl to give us a presentation. This is contained in communication 235.1. Hello, how's your Kimbo Vice Chairman? I'm going to try to move this back a little. I apologize. I don't know what this PowerPoint is doing. So our application is going to be a little bit more effective. I'm going to try to move this back a little. I apologize. I don't know what this PowerPoint is doing. So our application is being submitted by L.A. Services Inc. They are requesting a change of zone. The location of the subject property is within the Cauldron District more specifically, we're looking in Nga A'lehu, whether Red Star is shown. The applicant is requesting a change of zone from a single family residential 10,000 square feet to a village commercial 10,000 square feet zoning district for a 6,920 square foot portion of a 25,955 square foot parcel. Following a parcel consolidation, the objective of the current request is to establish a unified zoning designation of CV 10 for the entire property. While the applicant notes that the rezone area would be ready for a commercial use, should the change of zone be approved, there is no current plan for development or construction. This is a picture of our county zoning map. The different colors, again, identify the different zoning in the area. The light pink is the commercial village. The darker pink is commercial village, but a higher density of 7,500 square feet. The light yellow is single-family residential and the green is open. This is our state land use boundary designation map which shows the entire area in the state land use urban district. This is our general plan land use pattern allocation guide map. The subject property is situated within the medium density urban area which does allow for commercial uses. And this is an aerial photo showing the Hawaii belt road running in an east-west direction. the subject property with a red outline. The portion that is being rezoned is in the rear of the property. These are side photos. These are on a little side road, Pua alla place. The subject property is to the left. You can see the gas station in the front there. And then to the photo to the left, this is the area behind the gas station that is currently vacant of uses. This is another photo again showing the vacant area that's being resowned with the gas station that's located near the front of the property. One more picture of the vacant area that's been cleared and covered with what appears to be sender. Planning Director's recommendation was for the Planning Commission to forward an unfavorable recommendation to the County Council. The proposed request for a change of zone does not meet the minimum concurrency requirements for water as set forth in Hawaii County Code section 25246 subsection M as in Mary. The Windward Planning Commission's recommendation was at its April 3rd, 2025 hearing. They voted to forward an unfavorable recommendation to the county council based on the planning directors recommendation. That concludes our presentation. Thank you. Thank you very much director. I just want to check in. Do we have anybody the applicant or representative available to say anything? I don't think so but want to make sure before I proceed. Over and he loves there anybody there? No one is here. Okay thank you. All right with that we will go forward with discussion from the council so if anyone would like to start. No lights on up Oh, go ahead, Councilmember Villegas. Yeah, I spoke this one's very simple for me. It's been a while since we've seen something with a negative recommendation from both the Planning Department and from the Wendward Planning Commission, so that makes it pretty clear to me I've seen no reason why we would send this forward with a positive so I won't be supporting this today. I yield. Thank you council member Vegas. Council member Inaba. In agreement with council member Vegas thank you. Thank you. Council member Glemba this is your district. Yes thank you you. And I think if we're looking at it from sort of a land use, like appropriate zoning, it would fit because it is in that sort of commercial center of Nalehue. But the fact that there, we do have declining water source in the area area so to do a change of zone and not have the water to back it up is unwise so I agree and support this or don't support it I guess support the declining directors recommendation thank you council member council member can you eat Thankctors' recommendation. Thank you. Council Member Cunnell, E. Clempholder. Thank you. Mr. Daryl, what is the concurrency requirement? Can you explain that to me? Sure. In our zoning code chapter 25246, it lays out the different requirements for concurrency, mainly traffic and water and they've added several areas after that, sirens were added in last I believe. But in 25 to 46 M as in Mary, it talks about the requirements to receive of an approval for a change of zone. And that is that they can be supplied by county water for the particular project request. In this particular case, we sent the application to the Department of Water Supply and they they said they could not supply water for this particular application based on lack of water source without significant improvements. And you know that happens every so often. The other option is that they could build a system but it has to be to dedicated toable standards, meeting DWS's debticable standards. In the past, we've spoken briefly about that, and the cost of it is extreme. It's in the millions. And for something like this, it just wouldn't panel. They did it in ocean view. That's a good example of one of the areas where they put in a system that's not connected to the Department of Water Supply. Yet it was meeting a tentacle-bo standard. So on this parcel, they'd have to create a well and distribution system, but something that met county of water supply standards. understanding if, if it hasn't changed it's that, it has to be a 100,000 gallon tank well. It has to be 100 feet above the highest elevation of the project area. You have to supply two wells, and then you have to put in all the infrastructure. So extremely significant. It's meant more for a larger project. I don't see it applying to something small like this. And did they have water rights before but not to me what the village commercial zoning would require? I'm not sure when the original water source came in but it was able to build the gas station in the front and that's been there for decades and again we're just not sure what the applicant is proposing to build. They could build 5 or 6 apartment units. They could extend the gas station and store commercial uses to the back or they could just make it a parking lot or just not sure what the intention is. If they supplied intention to what they're doing, what that change the director's decision? It may have in regards to the water calculations for the project, right? They could have. But again, once you rezone a property, and you say I'm going to use it for a parking lot, and then later on, you end up using it for something else, right? So that's why we always look at it not so much from what's being proposal, what could be put there. Interesting. Okay. Thank you very much, Jeff. I appreciate it. Thank you. Yep. Are you okay? Thank you. Anyone else? Checking in in Hilo? All right. We will proceed with the vote then. All those in favour of forwarding bill 46 to council. Please say aye. All those opposed? No. Are you any council member of the I guess? Okay, so we have 9 nays. Alright. Nays, yes nine nays. All right. Nays. Yes. Nine nays. Nine nays. Nine nays. Nine nays. Okay. We're going to do a roll call if we can because of hearing issues. On the motion to vote bill 46 to counsel the favor recommendation. Councilmember Glim no councilmember Houston no councilmember Inava no councilmember Kagiwada no councilmember Connidly Kleinfelder no councilmember Kirkowitz no councilmember Onishi no councilmember Yegis I only chair no chair you have nine votes of polls bill 46 will be forward to the Councillor O'Neill, no. Councillor Registra. A'oleh. Chair? No. Chair, you have nine votes of polls. Bill 46 will be forwarded to the Council with an unfavorable recommendation. Thank you, Mr. Fwork. With that, seeing no further business, we are adjourned. The time is 1117. Thank you.