Housing and Land Use Committee (2025-2027) - Regular Meeting

Go.

Will the disaster recovery international affairs and planning committee come to order? The time is now 01:33. If everyone can please silence their phones or other noise making devices that will help our cause. Members, in accordance with the Sunshine Law, if you are not in the council chamber, please identify by name who, if anyone is in the room, vehicle, workspace with you today. Minors do not need to be identified. Also, please see the last page of the agenda for information on meeting connectivity. My name is Tamara Palton and I'll be your chair for today's committee meeting.

Thank you.

Thank you. And council chair Alex Lee.

Aloha. You want Wait. Wait. One second. No one's here in my workspace. I'm home alone. Thank you.

Thank you. Council member Keoni Rollins Fernandez, we received word she'll be excused for today. Committee member Shane Senetti, aloha.

Aloha, chair.

And we also received word that council member Yuki Le Sugimura will be excused for today. This meeting of the disaster recovery international affairs and planning committee of the Maui County Council is located on the traditional Aina of Kanaka Ma'o'iwi who never ceded their sovereignty to The United States. We recognize that her majesty queen Liliokulani yielded the Hawaiian kingdom to The US in duress under threat of violence to avoid the bloodshed of her people. We further recognize that Hawaii remains an illegally occupied nation state by The US as documented in a 2021 scholarly article for the National Lawyers Guild Review by Andrew Reed, adjunct professor of law at the University of Denver Sturm College of Law. Generations of Kanaka Maoli and their knowledge systems have sustainably cared for Hawaii and continue to do so.

We are grateful to occupy this space and learn the ways in which we can contribute. As a committee, we seek to support the varied strategies that the indigenous peoples of Hawaii are using to protect their land and their communities and commit to dedicating time and resources to working in solidarity. From the Department of Planning, we have Planning Director Takakura Administrative Planning Officer Greg Post and Danny Diaz in the gallery. The Department of Housing we have director Mitchell. From the Department of Environmental Management we have deputy director of environmental management Peterson.

From the Department of Water Supply. We have director Stuffelbine as well as an engineering program manager from corp council. We have deputy corp council Hopper and other resources we have Jeff Uyoka of Wells Street Law LLC should he be needed. Members without objection I will designate Mr. Uyoka as a resource person under rule 18A of the rules of the council due to his knowledge and expertise as the Thank project you.

We also have DRIP committee staff with us this afternoon. We have senior legislative analyst James Krueger. We have Derek Pasquale, senior committee secretary Yvette Boutilier, and legislative analyst or sorry legislative attorney Carla Nacata and we have a new analyst in training with us as well. Today we have one item on the agenda DRIP 19 bill 163 per in 2025 bill 164 per in 2025 and bill one hundred sixty five twenty twenty five to amend the Maui Island plans directed growth map C5 Pulehu Road amend the Wailuka Kahului community plan designation and change the zoning for for 166.511 acres situated at Kahului Hawaii Parin Ho'onani Village. And just to set the stage, we have a heart out at 04:30 today with member Batanga and having to leave one hour in advance of that.

The plan is to vote on bill one sixty three and one sixty four out of committee and hold bill one sixty five until we hear back from the land use commission on the DBA district boundary amendment. We will take testimony after opening remarks or presentations. The committee is in receipt of the following bill 163 a bill for an ordinance to amend the Maui Island plans directed growth map C5 Pulehu Road by including within the urban growth boundary of 166.511 acre portion of a parcel identified for real property tax purposes as tax map key paren two Three-eight-six:four-five Kauai, Hawaii). Bill 160 three's purpose is to amend the Maui Island plans directed growth map C5 Pulehu Road to include that acreage in Kahului, Hawaii identified by the previous tax map within the urban growth boundary for Ho'onani Village mixed use development project. The proposed project site plan includes multifamily, residential, retail, commercial, office, light industrial, hospitality, and recreational and open space uses.

Bill one sixty four purpose is to amend Wailuka Kahului community plan designation from agriculture to business multifamily for 166.511 acres previously identified for the Hokanani Village mixed use development project. And then bill 165 we won't be voting on today so I won't read that part. Correspondence dated 05/08/2026 from the committee chair transmitting county communication eighty six-twenty six from the planning director containing the Maui planning commission's recommendations and related documents. There's also an amendment summary form dated 05/13/2026 from myself with a proposed CD one version of bill 163. It amends the bills title and text to correct the property size from 166.511 acres to 163.443 acres because that other portion is already correct.

And it also amends the bills preamble to update the bills procedural history. There's also an amendment summary form dated May 13 from myself, proposed CD one version of bill one sixty four. This amends the bill's title and text to correct property size as previously stated and it also amends the bill's preamble as previously stated. The committee may consider whether to recommend passage of bill one hundred sixty three and one hundred sixty four on first reading with or without revisions. The committee may also consider the filing of Bill 163 and Bill 164 and other related action.

No legislative action will be taken on Bill 165. So on 06/06/2025 resolution 20 five-one 132 FD1 was adopted by this council to refer the bills to the Maui Planning Commission for review and recommendations. By county communication 01/2005 the planning director noted that the Maui Planning Commission would not be able to make a recommendation within the time frame required by section eight eight point six paren two of the county charter. Because these bills were never reviewed by the Planning Commission, the committee solicited comments on the proposed project from the relevant departments which can be found on Granicus. The committee reached out to the departments of environmental management, housing, planning, transportation, public works, water supply, fire and public safety, and parks and recreation and OUV resources.

The committee heard these items last on November 2025 where we received a presentation from the project representative which included a proposal proposed site plan for the project. The committee recommended passage of bills one hundred sixty three and one hundred sixty four on first reading while deferring bill 165. However, bills one hundred sixty three and one hundred sixty four and the committee report were held in abeyance until after the Maui Planning Commission had made a recommendation on the bills as recommended by the Department of Corporation Council. Towards the end of December the committee received revised maps for the Maui Island plan and community plan amendments provided by the project representative which indicated that a 3.068 acre portion Maumee of the property is already within the urban growth boundary and bears a heavy industrial community plan designation. The project representative confirmed that the landowner is now seeking a Maui Island plan amendment and community plan amendment for 163.443 acres rather than 166.511 acres.

On 01/13/2026 the Maui Planning Commission held a public hearing on the proposed Ho'onani village project. The Maui Planning Commission recommended the following for bill 163 the Maui Island plan amendment their recommendation was deferral of the Maui Island plan until the draft EIS is submitted to the state OUC and the island wide inventory of existing vacant land is updated and indicates additional urban density is necessary to provide for the needs of the projected population growth. To my understanding, the state LUC did receive the draft EIS and the inventory has been updated. So that's part of the reason why this is scheduled today because those are satisfied. The portion that indicates additional urban density is necessary.

We can check-in on corp council later on that part, but the other portions have been met for bill 164. The community plan amendment the recommendation was deferral of the Wailuka Kahului community plan designation until the state state state the state 65 the change in zoning amendment deferral of was recommended until the state of UC approves the district boundary amendment and the requirements under County Code subsection nineteen point five one zero point zero four zero paren A paren four are met. Several conditions of zoning were also proposed which planning may note in their presentation. You may find the department's report via county communication 806 under granicus number 45. However, please consider downloading a personal copy of the report directly from the county communication log due to the large file size.

Committee staff had to compress the file to upload it to Granicus which affected the quality. The draft EIS was published in 03/23/2026 edition of the Office of Planning and Sustainable Development's environmental notice publication in the public comment period has ended on 05/07/2026. You can see that on granicus item number 48 final approval is still pending. To view the draft EIS and the public comments on this item please visit the state land use commission's website under its pending dockets tab for boundary amendments A25 eight eleven Ho'onani Development LLC. This meeting is to kind of get a temperature check from the committee members on how they would like to move forward with this item based on all the updates to this project since we last discussed it.

For the members reference proposed unsigned CD one versions of bill one hundred sixty three and one hundred sixty four were posted via amendment summary form on the agenda. On May 18 we did receive signed versions of the bill from corp council. It is a little bit wonky because the RFLS is signed but they attached the unsigned versions first. So if you scroll down to page 14 on the RF RFLS, that's where the signed copies begin. So you might be like, hey, this isn't signed, but that's the old version.

Wonky. I know. Please note that full council requires six votes for bills to pass while a simple majority vote is needed for a committee recommendation. Under county code subsection 2.8 b point o six zero c, a public hearing would also have to be scheduled for bill one six three twenty twenty five for the Maui Island plan amendment. And I think that's supposed to be in this district but this like the this community plan district but this is this community plan district, so it could be held here.

So at this time, I'm sorry, that was a long, super long intro, but these bills have history. So at this time, I'd like to receive the presentation from planning which can be found on Granicus 52 if members could write down their questions because we're not going to flirt with clarifying or not clarifying questions before testimony. If you have questions, if you can write them down, then we'll hear from environmental management, housing, water supply, corp council, and mister Uyoko if he has anything to say. So if you have any questions for any of those, please write them down and we can take it up afterwards. Planning.

Take it away.

Thank you, Chair Paul Den. You did such an excellent job. I'm gonna just fly through this. So I do have a PowerPoint presentation that, the staff are gonna help me with. And it's a little bit of a review.

So, as a reminder, it's about a 163, a 166 acres in the vicinity of Pulehu Road, Hansen Road, and Veterans Highway, and it was former sugarcane fields. So and next slide, please. The project proposal, as Chair Palton mentioned, is to expand the MIP urban growth boundary, change the community plan designation and change the zoning. And I know we're not going to take any action on the zoning, but these land use designations are all related, so I'm still going to discuss them anyway, just to kind of give you the big picture. And I want to cover what do these designations mean.

First of all, the MIP urban designation. Those are urban areas that contain a greater variety of land use types, including various housing types and densities, commercial, retail, industrial uses, and resort destination areas. Infrastructure is more complete and reflects the need to serve higher density land uses. The proposal for the community plan designation is business multifamily, and this includes a mixture of retail, office, and commercial services, which are oriented to neighborhood service and single family and multifamily residential uses. The proposed zoning is M1 light industrial, and that's designed to contain mostly warehousing and distribute distribution types of activity and permits most compounding, assembly, or treatment of articles or materials with the exception of heavy manufacturing and processing of raw materials.

Residential uses are excluded except for dwelling units located in the same building as any nondwelling permitted use. And then also, as we know, we need the state designation to change, but that's a separate application. Okay. Next slide, please. Next slide, please. So Chair Palton went through this already. We received the RESO last summer. In October, we let the council know that we had not received any information. In November, DRIP had two meetings on the project, and that's when we learned more about the project and had enough information to prepare the public hearing and agency comment. Also at this time, the State Land Use Commission approved being accepting authority for the environmental impact statement.

The Maui Planning Commission public hearing was in January. And as Chair Palta mentioned, they recommended deferral, which I'll go over later in the presentation. And then in March, the draft EIS was published, and the deadline for comments was a couple of weeks ago. Next slide, please. Now I'd like to share some of the department's concerns about the process first and then about the project.

You heard this a little bit this morning. It's the department's position that by bypassing the normal application and environmental review procedures and analysis expected of a private development project of significant magnitude, that can result in a significant reduction in the of impact analysis normally performed by the department, the planning commission, and by you, the county council. And it can result in relatively little community input, and it may result in potential impacts to the community. And for these reasons, the department recommends that projects of significant size, like a 160 something acres, require that the private property owner initiate such amendments and be required to submit the necessary application materials and environmental analysis as required by the code and by Hawaii revised statutes. Next slide, please.

A little bit of about our concerns about the project. As you may know, the Maui County code chapter two eighty b says that all community plans, zoning ordinances, and subdivision ordinances have to conform to the general plan. Also, Maui County code chapter nineteen five ten has certain requirements for meeting the intent of the general plan and the objectives and policies of the community plans of the county. And some of these things that are listed in these general plan documents are about, the loss of agricultural lands, and that should be carefully considered. Public engagement.

MIP policy 8.1 a requires public input for designating new growth areas. And also in the MIP, policy 8.1 B refers to the inventory of existing available land. And we've been working on that. But this policy says that the amendments to the urban growth boundary should only be expanded if the inventory indicates that additional urban density land is necessary to provide for the needs of the population growth. So we have a little bit of that information which I'll present later on in the presentation.

But keep in mind, there's also projects that are entitled but waiting for infrastructure. So one of the things that's important is to look at what we have and look at what's pending. And then also a reminder to council members that we've seen a lot of Title 19 changes lately or that you will see, like kitchenettes for the multigenerational housing, duplexes and multifamily and residential, accessory dwelling unit reform in size and number, and then allowing multifamily residential and commercial areas. Also, infrastructure is a huge issue. Water, wastewater, roads, transit, bicycle and pedestrian paths, storm water and drainage.

For water, I'm sure you can get more information from the engineering program manager, but one of the comments we mentioned to the planning commission is redundancy plans and ensuring the water meets all drinking water quality standards. And for traffic, I think we probably all drive around this area frequently. It's a big it's a big project in an area that already sees a lot of traffic, which means it has great potential, but also means that the roads, the transit, and pathways need to be carefully considered to minimize impacts. And then the consistency of designations, which I described to you. You know, industrial and business and multifamily are different.

Hotel is also different, and these need to be resolved. Note that the community plan designation and the Maui Island Plan growth boundary go hand in hand. You know, land gets added to a growth boundary, and then it is assigned a community plan designation. According to the community plan, the Waialuku Kahole community plan, nonresidential use is more appropriate for this area. The plan specifically states total enclosure of structures as well as air conditioning are generally required for this purpose.

Residential uses should be discouraged within the 60 LDN ISO line. This is due to the proximity of to the airport. And then also, hotel use must go through the public process. And then also, another concern is the timing of delivery. The amenities should be developed with the project, not after.

So when we took the project to the planning commission, these are our recommendations. Deferral for all three for the MIP amendment until we recommend a deferral until the final EIS is accepted by the Land Use Commission, and then that inventory of existing land indicates that density is necessary. Also, of the community plan amendment until the final EIS is accepted and MIP urban growth boundary expanded. And then also with the change of zoning deferral until the Land Use Commission approves the district boundary amendment and that the project meets a criteria in Maui County code 19,510. Next slide please.

So the planning commission basically adopted the department's recommendation except that they said the draft EIS is okay instead of the final. So that's the main difference of the commission recommendations which you would see in your report. They also, next slide, please, had some, conditions for the change of zoning, which, I think you folks can consider when you get to it later. But it's mainly about the residential units that they all be rented at or below 140% of the AMI, and that would be for a period of thirty years minimum compliance reports, and that a minimum of 100 residential uses be built according to the phasing plan, and that the

Thousand, right?

I'm sorry?

Thousand residential units?

Yes. Sorry. Residential units. Yes. And that the infrastructure and the civic and the other amenities be built concurrently, not afterwards. These conditions, they're important because m one zoning allows for a wide variety of uses. And if approved without conditions, the property owner wouldn't have to build housing. And if you can go to the next slide. I'm not gonna read this to you, and I know it's in small font, but this is the wide variety of uses that are permitted in M1 light industrial. And if you have time, you can go to Maui County code chapter 19.24.

But any of these uses, including antennas and wind turbines 75 feet tall would be outright allowed. So just to make you aware of M1, that provides great flexibility in the zoning and the uses that would be allowed. Next slide, please. So here we are today. So far, the draft EIS was published, and that's the link to the draft EIS on the state website.

Long Range Division has been working on the land use inventory. The last time that was done was 2014, and we haven't had any MIP amendments before, so this is the first time. And because that inventory is over ten years old, we are looking at it again. And I'll go over some of the information I have based on the GIS data and boundaries that we have. We are showing that within Maui Island, in these two MIP designation small town and urban, there's 9,352 acres.

Within the Wailuku Kahole community plan area, it's 3,042 acres in central. We still are working on more details about that because, we do need to do a breakdown of residential and commercial and industrial use. If you can go to the next slide, please. This next slide has the map of the island oh, it's central, sorry, just central. And the green are the vacant lands that are within the small town and urban.

So those are the yellow and the red. You can see some light blue lines on there, but that's rural, and that's not part of this policy. So we didn't look at any community plan designation rural because this MIP policy only refers to urban and small town. And this is just a breakdown. And they looked at parcels that are greater than an acre that are vacant. So that's just the detail from our GIS team. Next slide, please. This one is just a map of the entire island. And you can see the different green. There's some in South, in Central, a little bit in West Maui, and then a little upcountry.

K. You know, this policy is actually two parts, the land use inventory and then the population. And if we can go to the next slide, please. We have some data that we have from UHERO, and this covers this part about providing for the needs of the projected population growth within ten years of that inventory or during the decennial update of the MIP. So I know this is a lot of information, but this is is from UHERO.

And if you look on the left side, that's a list of years from 2025 at the top to 2000 at the bottom, and then the population in the middle in thousands. And then the last column on the right of that table is the percent change. And you can see well, if you can see, in the early 2000s, population grew around 1% to 2% per year. And in the twenty tens or so, then it slowed down to about one percent a year, a little less. And then from COVID, which is like 2020 and up, it's been about zero or even some of the more recent years are negative, unfortunately.

And in the upper right corner, that's just a line graph to show the population change in Maui County over that time period from 2020 to 2025. So looking at this chart and graph, along with the projected population growth, which I'll show you on the next slide, it shows that this trend will generally continue over the next twenty years. And so you can see that the low numbers may not warrant an expansion of the MIP growth boundary when considering the potential of existing entitled projects in the urban district. Maui County might be able to accommodate population changes within the existing growth boundary already established in the MIP, hence the MIP growth boundary change may not be necessary. Of course, the council could disagree with that assumption, but I just want to provide that information that we have for you.

And also note that growth boundaries consider more than just housing. Like I mentioned, long range division is still looking at the available acreage for the different uses, and that's commercial, manufacturing, etcetera, to support growth to see if our existing boundaries have enough space. And that's important when considering rezoning over 160 acres to m one light industrial. Next slide, please. So this is also from University of Hawaii, UHERO.

Oh, previous slide. Sorry. The yellow boxes show the projected changes for each year to 2043. So, it starts at 2020 on the top row, and then 2028 to 2035, the middle row, and then 2036 to 2043. And, just some quotes from the report.

Over the longer term, Maui will follow a slower growth path than we experienced before the COVID nineteen downturn or during the post pandemic recovery. For the broader local economy, trend economic growth is ultimately driven by expansion of employment and improvements in productivity. The county will see slower population and labor force growth than in the past because of a continuing downward trend in birth rates, aging, and the incomplete reversal of recent out migration. Average year. Average pace of job growth will be 0.5%.

Okay. Next slide, please. So that was a lot of information about the 160 plus acres, about the project, about the department's concerns and recommendations, inventory, and population. Regardless of the department's position on processing of large development projects, the council does have the legal authority to initiate such amendments and act on them without the relevant application materials and section three four three analyses that would be required of a private property owner submitting the same request. That still that said, I still want to remind the council of the department's concerns and respectfully request that you have a robust discussion on

these

matters. As I mentioned, long range division is still working on updating the land use inventory to provide for a level of analysis that is expected in MIP policy 8.1.b and ensure that the project is needed. Until that detail of analysis completed, you could consider deferral until you have that information and that the public has had a chance to participate as per MIP policy 8.1 a. Outstanding issues besides the public participation include infrastructure and dealing with airplane noise. Public water and wastewater mean the cost of service is borne by the residents and not spread out among everybody like county water and wastewater.

Also, the community plan designation that's proposed is more consistent with business type zoning districts like B 2, community business district. And community plan designations such as business industrial or light industrial are more consist consistent with M 1 light industrial zoning. And just keep in mind, M 1 allows for all sorts of development, even freestanding antenna or wind turbine structures up to 75 feet tall. I know that's an extreme example, but it is outright allowed in M 1. And then some of you may recall that in back in 2022, hotel use was prohibited in almost all zoning districts.

So that's still an issue. You know, it is prohibited. With the final EIS that will come out at some point, the potential impacts associated with the project can be evaluated, and therefore, associated conditions of approval that would mitigate or reduce those potential impacts can be clearly identified. Until then, we simply don't have enough information to make good line use decisions. But I do hope you take these into consideration and you make your decision. Thank you very much for listening.

Thank you, director Takakura. Mister Post, did you want to add anything? Okay. Is mister director Peter deputy director Peterson on? Oh, k. Deputy director, did you have any opening comments?

Yes. So I'll start with the thank you, chair. Thank you, council members. Starting make

to to make

Oh,

Deputy Peterson, you kind of broke up after outside of our service area. Do you mind repeating, what you said after that?

Okay. Yes. So, are we a wastewater treatment plant be constructed to service the project? If the development intends to connect to our system, right now, there's currently not enough capacity.

I don't know. Because of that

what you said after outside of the service area, because just during that portion, it cut out. Did you say that your recommendation is that they construct a private wastewater sewage treatment plant?

Yes. That's correct.

Okay. K. Go on. Sorry. I don't know what why it cut out just during that one portion, but continue.

Okay. If they do intend to connect to our system, the two options would be either to wait to approximately 2030 to Central Maui wastewater facility is completed or to wait till O'Kahului has increased capacity, which is there is no date for that at this moment. That is the end of my comments. Thank you.

Thank you, Deputy Director Peterson. Next up, Director Mitchell, do you have any opening comments for us?

Thank you, Chair. The Department of Housing has one comment, but generally we agree with the Department of Planning's comments and that is this project is very early in its stages. And once the project and if the project gets to its final subdivision, that's when it would trigger review by the Department of Housing under the Residential Workforce Housing section of the code 2.96. So we're in the very early stages, largely Title 19 work that would be in the purview of Department of Planning. Thank you.

Thank you. Director Stuffelbine, I do see mister Jensen in the gallery. Are you speaking on behalf of the water department? Okay. Cool. So we'll have mister Jensen give any opening comments from the department of water supply.

Thank you, chair. Sorry. I had to come down here. I had a bad connection up in the office. So I had to come down here on a short notice.

Yeah. He's coming down.

Yeah. Department doesn't really have any remarks other than in information that we provided to the applicant in reviewing, the the draft EIS that just reminders that this project is seeking private water, so they're not seeking, water from the department. And then just to remind everyone, our most recent max reliable capacity analysis published last year indicated that we are between 98100% of reliable capacity. Therefore, the department cannot issue new or additional service to market rate development in excess of 1,200 gallons per day. Should this project have been asking for municipal water and for affordable components, then it would be a comparison of whether or not that exemption beyond the 1,200 could be fulfilled with the remaining supply.

But the system is within between 98100% of reliable supply. That's all chair. Thank you.

Thank you Mr. Jensen. Mr. Hopper did you have any opening comments?

Nothing right now chair. Thank you.

Thank you. Mr. Uyoka, did you want to make any opening comments? You can come down and speak from the desk or the podium, whichever you prefer.

I'll start here. Thank you. Thank you chair. Thank you members. Thank you. So Honolani development or the village, we're just trying to provide housing as quickly as possible. These council initiated process were intended to help us move a little faster. That was our hope. The light industrial, commercial, office building components, they're ancillary to the housing. I understand the zoning would allow a very broad, you know, a lot of things.

But again, our intent is to have those things housing primary, and those other things are ancillary. If you look at the schedule we provided in our earlier presentation, most of the light industrial is proposed in phase eight. So that'll be ten plus years from now. We'll see what the community needs, how everything's going. We just want the flexibility to move forward, without being locked into little boxes because Maui will change as we move forward in time.

We just to be clear, we are not asking for hospitality component at this time. We completely understand that there's a lot of other discretionary approvals that will be needed. We will have to come back. We just wanted to be upfront with everyone that the request may come one day. We didn't want anyone to say, well, look at the map. They didn't show any hospitality, you know, fifteen, twenty years from now. It shows it. It might be there, but we'll need to come back for approvals. We 100% realize that. So our goal here too is to seek the entitlements while we're working on the infrastructure.

We won't be able to build anything. We won't get a building permit if we don't have wastewater and water. We're just trying to get everything lined up so we're not doing things in phases like, okay, let's get this done, then let's wait and do this, then let's wait and do that. We're trying to do as many things as we can all at And then do do anyway. So entitlements usually come first and then you secure those things via application to the departments.

Just to we have discussed this with DWS before. Our goal, as we discussed in the FY twenty seven budget, is to develop the system in partnership with the county and dedicate the water system to the county. Our ultimate goal is to work with DEM for phase 100% realizing that pretty much phase two and everything else will need to be in a private wastewater treatment facility on-site, which we are planning for. DEM's 11,625 letter, and I I believe their deputy director kinda confirmed it. It wasn't a no.

It was, you know, there's capacity issues. They're working on it, and we'll talk with them. We're hoping to get building permits in January 2028. So we have some time, but again, entitlements are the first step. And we're confident that we'll be able to show that the existing well we're planning on converting will have enough water for the project, and there will be excess capacity for that partnership we're talking about with the county for its central water system.

I know it came up whether or not we'll actually build the project. We have every intention of building the project. And if we get our building permits by January 2028, building should be online by about middle of two thousand twenty nine for that first phase of around 270 units. And that also aligns with that projected population growth. I believe we're at 160,000 right now.

They're looking around 163,000. And, House Maui, part of, Hawaii Community Foundation, they did perform an affordable and workforce housing plan in September 2025. They did a study, and it showed that at a minimum, 3,800 new units will be needed in Central, and at a max, 6,700 units will be needed in Central between twenty twenty and 2030. And, you know, we're at 2026, so who knows what it'll be in a couple years. And the studies, they had a bunch of the projects other we're we're so to able that.

In 2030 or something. And we have done market studies for this project. They're in our DEIS. They do show that there's a demand and need for housing in people like this area. Just for confirmation too, the state district boundary amendment, it will not be heard going own.

So, be able to we're we we to first the have we have the to artwork. We we state the state of accepting authority to accept that responsibility on 11/19/2025. We had another EIS scoping meeting on 12/18/2025. Maui planning commission met on 01/13/2026. The DEIS comment period was from March 23 to May 7.

We're having this meeting today. There'll be two full council meetings. There'll be meetings related to the FEIS acceptance with the state LUC. There'll be meetings relating to the state LUC with the district boundary amendment, and then we'll come back here again for the change in zoning. I think public has the opportunity to participate in this process. And, you know, wrapping up, housing isn't like a one size fits all. Some people like apartments. Some people want single family houses. Some people like duplexes. There's all kinds of stuff.

So, you know, our goal throughout this project, I'm sure you've heard, our project manager say it, but he he's not we're not looking to build something that none of us would be proud to live in. So, you know, we wanna build a quality product here. And the planning department did make their comment, and I do understand their concern. There's gonna be no control over future development after entitlements are granted, you know, with m one zoning. So we need to thorough conditions on change of zoning.

I understand that. Again, housing is our priority. If you guys need at that time, if you need to put in conditions that we need to do some housing, I just ask that you be flexible in the timing of it because sometimes it gets complicated. Like, someone some things have to come later than others. That's just the way development works. Housing is our priority again, and please don't try and lock everything up into this 2026 box. You know, Maui is constantly evolving. And for better or worse, I don't know. You know, it's not my job to judge that. It's just it's evolving.

You know, in 2009, Maui pine shut down. I don't think any of us saw that necessarily coming. 2016, HCNS shut down. You know, chain all these things changed the changed Maui. Right? COVID nineteen really changed Maui. Those 2023 wildfires really changed Maui. These past Kona lows really changed Maui. So I'm just saying, like, if we try to lock in what's gonna happen twenty years from now with our 2026 mentality, it's probably gonna be stifling actually more than anything else. It's gonna make things hard.

So we're just asking for flexibility with guardrails, of course. And so we're just asking inclusion in the urban growth boundary, community plan amendment, their indicators along with the the budget appropriation that the council and, therefore, the community are supportive of this project, and they're the very first steps. There's gonna be a lot of steps ahead of us and hurdles probably. And finally, wrapping up, our assumption has always been that the county is supportive of housing in this area because you guys have your 23 acres right there adjacent to this project. So we just wanna work together moving forward and appreciate your time.

You, Mr. Uyoka. At this time I know there are some testifiers so we'll move on to public testimony. Written testimony is encouraged and can be submitted via the e comment link at mauicounty.us/agendas. Testifiers wanting to provide oral testimony should join the online meeting via the Microsoft Teams link printed on today's agenda or call into the phone number which is also on today's agenda for individuals wishing to testify via teams please raise your hand by clicking on the raise your hand button near the top right of your screen.

For those calling in please follow the prompts via phone. Staff will add names to the test list and in order to testify sign up or raise their hands. For those on Teams, staff will lower your hand once your name is added. Staff will then call the name you're logged in under or the last four digits of your phone number when it is your time to testify. At that time staff will also enable your microphone and video.

Please enter your name on Microsoft Teams appear as the name you prefer to be referred to or as anonymous if you wish to testify anonymously. If you are in person please notify staff that you would like to testify anonymously otherwise state your name for the record and at the beginning of your testimony. Oral testimony is limited to three minutes. If you are still testifying beyond that time, I'll kindly ask you to complete your testimony. Once you're done testifying or if you do not wish to testify, you can view the meeting on Akaku Channel fifty three, Facebook Live or maikani.us backslash agendas. At this time we will call on testifiers wishing to testify on DRIP 19. Go ahead staff.

Chair the first person signed up to testify is John Pele in the chamber to be followed by Danielle Watermar.

Good afternoon Chair. Committee members, good to see you guys again. My name is John Pele. I'm testifying today as the executive director for Maui Hotel and Lodging Association. And we'd like to testify I would like to testify today in support of bill one hundred sixty three and one hundred sixty four as it's proposed in the amendments written in the agenda.

You know, one of my focal points responsibilities as an executive director is workforce development. Not only within the industry that I represent, but also within the 140 or so businesses that are also part of our associations and the challenges we have on a daily basis to fill our workforce positions. I'm sure you guys are all too familiar with that scenario. And so we work closely with Maui in their hospitality program. We work closely.

We fundraise every year for scholarships for our high school students. We just handed out over $50,000 this year in scholarships and people wanting to pursue not only the visitor industry careers but any other of our members represented in our association careers with them. We have all these great conversations, We have all these big plans. We meet and we talk about jobs and opportunities and what can we do, pay scales, and they always seem really counterproductive. And the reason why they're so counterproductive is because the biggest hurdle is the housing situation.

We can promote all these jobs we want, we can promote everything, but we can't promote the housing opportunities to keep people here. I know I'm testifying today in my professional capacity, but I've got to sprinkle in some of my personal views also. Many of you guys know my story on my daughter, my only child. I'm sure you guys have heard it before, but I'll share it for the people who haven't educated in Hawaii, educated college education. And after her college graduation, she left.

And the reason why she left is one component why she's not living here and that's because she couldn't secure housing. She moved to the Mainland, 25 years old, was able to buy her first house. So, she calls the Mainland home, but that's not where she's from. So, it kind of hurts a little bit. It's a deep cut that I'm still working on it. And to even go further, it's funny, you guys know my aspirations in 2024. Didn't work out. I, for the first time in almost forty years, in it, in order to do this position because I live on Molokai, I work on Maui, so I commute. Some people catch a bus, I catch a plane. And in order to do this job, I had to find housing.

First time in forty years I ever had to worry about housing. I've always had a home and a place to live, and it was not an easy task coming here as a 57 year old adult trying to find housing. But thanks you guys for the opportunity. I hope you consider this development. Aloha.

Thank you Mr. Pilot members. Any clarifying questions for the testifier? I do have one. Sorry.

Clarifying if you have a feeling one way or the other about the hospitality component that is not currently included but they said as Not the hospitality

to offend Mr. Uyoka, but I can pretty comfortably say we don't care if there's a hotel there or not. We want housing. I mean, I don't think any of my hotel members would really go, hey, what did you say that for? And if they do well, just take the slap on the wrist. But we really we're focused on housing. You've done so much work on other projects and to steal the planning director's verbiage, guys have a lot of work to do and a lot of robust discussions to have and to come. Wish you guys all a lot. Thank you guys for allowing me to testimony.

Thank you for that clarification. Staff

can Sorry Jeff.

Call the next testifier.

Chair, the next person signed up to testify is Danielle Wademar to be followed by Gabriel Perales.

Can you hear me? Not close enough. Are you there? No. No.

We can.

Aloha, chair, vice chair, and committee members. My name is Danielle Wadimar, and I am here in strong support of, not only Hounani Village, but bills one six three, one six four, and one six five. Just a quick testimony. I know for many families on Maui, the housing crisis isn't just something we read about and talk about. It's something that we're living every single day.

Over the past seven years, my wife and I have opened our home to multiple family members who needed secure housing and simply just couldn't afford it on their own or lost their housing or lost their job or whatever the case was. It started with one person and then two, eventually three. At one point, we had five additional family members living in our home in Pukulani, which made our house a family of nine in a three bedroom house. We didn't do it because we love being super cozy with our family, although we love them all so much. We did it because there was a strain.

There was there was a need. And like so many of you and so many people on Maui, we give what we can give. And at the time, we could give a secure place to stay, a safe home, and we would do it again in a heartbeat. I'm happy to say for those family members, they've all moved out, found their own housing. But because of the housing crisis here on Maui, we know that at any moment, our door could open again for another family member or or five.

And, that's why projects like Ho'onani Village are so important to this island and to our community. It represents a real workforce housing opportunity for local families and working residents who are struggling to stay here on Maui, just like mister Pele mentioned about his daughter. It's it's sad to see our family go just because they can't afford it. You know, we already have people in health care and teachers and construction workers who are building homes for for for people and building homes that they probably feel like they're never gonna get to live in. And to have a project that we can say is for them and they could afford to build their family, it's such a beautiful thing.

I'm in strong support of it. We need your help. We need housing, and we need leaders willing to help support meaningful things like this. So, I'm respectfully asking for support, and I appreciate you letting me testify today. Thank you.

Thank you for your testimony members. Any clarifying questions for the testifier? I did have one. Just clarifying, are you similar to Mr. Pele and you don't care about the hotel portion?

I mean, if what Mr. Uyoka is saying and it's something that would be revisited years and years and years down the line, then I definitely think that the focus right now should be able to

we're to

to the the opportunity to look

into. Thank you. Thank you. Can you call the next testifier?

Chair, the next person signed up to testify is Gabriel Perales to be followed by Albert Perez on teams.

Aloha chair, Padolin and committee members. My name is Gabriel Perales. I'm a public affairs specialist with the United States Small Business Administration's Office of Disaster Recovery and Resilience. And before I I do proceed, I just would like to share and I apologize if I'm a bit out of line as this is somewhat out of left field. It's not necessarily specific to bill one sixty three nor one sixty four, but I really wanted to take a minute if allowed or if not, I can yield my time back to give folks an update on on SBA disaster resources.

Yeah. You're gonna have to testify on the agenda items. You can write us an email on the update or do a live or something.

It has to be

on the agenda items. I think that's like the law.

Fair enough. Understandable. So I apologize for that error and I will absolutely look to be on the next agenda and get our information out to the community. Perfect. Thank you.

Okay. You can leave your contact info so we can try and schedule that and see what the right committee is to make that happen or schedule a time.

You.

Staff can call the next testifier.

Chair, the last person currently signed up to testify is Albert Perez on teams.

Hello, Mr. Perez. You can begin when you're

ready. Nice to see everybody. You know, we testified about this before, and we've looked deeply into the project now since the draft EIS came out. We're urging the county council to reject this proposal as it's currently presented. We strongly support truly affordable housing for local residents, but housing is not going to be affordable if it's not safe and if it's not healthy.

I want to address the discussion that was had in the HLU committee this morning. It's not unusual for developers to seek a district boundary amendment from the State Land Use Commission before asking for county land use designations to be changed. In that case, the Land Use Commission would issue an approval contingent on appropriate changes to the Maui Island Plan and the Community Plan. The time required for this project has already been reduced by starting the process at the LUC concurrently. Unfortunately, the draft EIS is so flawed that it took us over 17 pages just to summarize the deficiencies.

At the very least, this council should wait until the final EIS for Ho'onani is properly done. Without that information, you will not be able to make an informed decision, and that is the very purpose of that environmental impact statement law. The basic question for decision makers is what kind of place would we want our own families to live in? Ponani Village would place families, children, kupuna and workers in an industrial corridor directly beneath the Kahului Airport main flight path. Future residents would face focus customers the We

safety

the We have foundation COVID-nineteen industrial corridor, and the councils the would look at it that way. Noise is not just an inconvenience, and I put this in our EIS analysis that at Ho'onani, more people would experience cardiovascular disease, there'd be more heart attacks and more strokes and higher healthcare costs as a result of long term day and night aircraft noise exposure. It's not just an inconvenience. And it also shifts the burden of noise onto residents through loss of fresh air and reduced outdoor livability. Affordable housing should not mean asking low income families to tough it out and absorb those long term impacts of a poorly sited project.

In the case of Hale Kaola, I'm not sure if you folks have heard, but a poor

we're we're make make sure to going able half

that

we're

electrical, etcetera. Anyway, we respectfully urge the council to oppose the project as currently proposed. At a minimum, it should not grant permissions until they provide clear specific project specific answers on noise and safety, water and wastewater, etcetera. Please defer this until after the final EAS is approved by the Land Use Commission. Mahalo.

Thank you, Mr. Perez. Seeing member U'uhajan has a question for you. Member Johnson, did you have one? Okay. Just member Ou Hajid. I had a couple questions as well, so I'll yield.

Thank you, chair. Thank you, mister Perez, for your testimony right now and then this morning. I'm wondering. I'm going through your testimony now. Were you able to, this is separate but similar, reach out to Spreckelsville? Because they also live under the flight path when they take off. Those are multi million dollar homes to see what their health is like.

Oh, no. I haven't done that. Okay. But, that's good idea. I can do that.

I would be curious to see what it's like considering your, your report that I'm reading through it. It it's a lot, so I haven't read it all. Thank you for it. But I'm curious.

And it's?

I'm curious. Thank you.

It's fully sourced. It's fully sourced if you want to look at the references from the National Institutes of Health, etcetera.

Thank you. Thank you, Chair.

Okay. Mahalo.

Thank you, mister Perez. I did have a few questions. The first question is, would you prefer this area to be than light industrial without the houses? Like, we're trying to put an emphasis to ensure that the houses happen because of the housing crisis. But would you would you rather it be just light industrial like with the the uses listed in the planning department's comes first

lot Thank of So the

is what you're seeing? In don't think heavy industrial allows

terms of the noise, yes, there are other considerations. But yes, the sugar mill location is heavy industrial, at least it was last time I looked. But there are other all kinds of other uses that would be appropriate. And, you know, this area was left out of the Maui Island plan and Waluku Kahului community plan because sorry, it was residential use was left out of this area because of the airport noise and also the crash potential.

Okay. And then my follow-up question, when you to clarify would be, when you said your preference would be that we wait until the draft or the final EIS is accepted. The in term I wanted to clarify in terms of timing and steps. The LEC doesn't act on the DBA until they have the FEIS, but they also need the MIP amendment and the CP amendment before they can act on the DBA. Is that your understanding? Sorry, alphabet soup.

The The first part, yes, lots of letters there, but the first part, yeah, they can't act on the DBA until they get the final EIS POL. But, they can issue a district boundary amendment contingent on a consistent amendment with for the Maui Island plan and also the community plan. Zoning cannot go forward until it's actually designated urban. So you don't have to do this first. And in fact, if you do adopt the Maui Island plan change and the community plan change prior to the district boundary amendment, then in my opinion that would bias the decision of the land use commission.

Thank you. And either way, the information from the final EIS is really, really important for all decision makers from the Maui Planning Commission to the County Council to the Land Use Commission. Thank you.

Thank you. Members, anyone else had questions for this testifier? Seeing none, thank you for your testimony.

Okay.

Is there anyone else wishing to testify at this time?

Chair, we currently don't have any other individuals signed up to testify, so we'll do a last call. If there is anyone who'd like to testify on this item, please identify yourself now. On teams, you can do that by raising your hand. We'll do a countdown. Three, two, one. Chair, there is no one else to testify.

Members, without objection, I'll now close public testimony. Thank you. Members, I would like to open the floor for discussion since this is a big heavy unwieldy beast. I'd like to propose however many rounds of questions until we hit our hard stop and give each member for the first round five minutes. They don't need to use all of it, but if you're on a roll, I don't want to stop you.

I wanted to, if there's no objections, start with member O'Ha Jin as the vice chair and her bill. Then go to member Batanggan as his residency area. Then I can go this way or this way, whichever way you want me to go. So either member Johnson or member Sinensi and then okay. Member Johnson? Okay. So it'll go OOHadgins, Batanggan, Johnson, Cook, Sinency, and then me. Okay. I'm Shirley. Shirley.

Oh, shoot. Shirley. Oh, sorry. Charlie Johnson Cook. Sorry, Charlie. Missed you there. Okay. Member, you're ready for your opportunity.

Sure. I'm going to probably not have too many questions this round because I I did have the opportunity to be in planning commission and hear, this conversation and meet with, the proposed housing provider. But I am gonna say a couple of things before I give the mic up to member Betongaan. I have, as we all do, have so many similar stories to what we heard from mister Pele. One of my best friends is coming home today.

Hopefully, she should be landing soon. She needed to move to America. She now lives in Nevada. And her son is graduating from Kamehameha Schools on Friday, and she needed to make the tough decision to seek housing and seek job opportunity elsewhere and leave her oldest here so he could continue to go to school with his classmates. That is my best friend's story.

And as we all know, there are so many stories that are just like that. And this is what I'm hoping we can prevent is the continual out migration of our people. I'm really glad we have this population projections because, actually, this is why we need more housing. I see more people I don't recognize anymore than people I recognize. That's that's my reality of somebody who is of this place for my entire life.

I no longer see people I recognize, just randomly in the streets as much as I used to. And I know we all feel that way, especially for the people who, are of this place, are the of this place. And so when I did my I think we we had this conversation. The last time I was telling you guys I just had my twenty fifth year class reunion, and I went to public high school because I grew up in the projects. And, so we had a really big class, and there was only a handful of us, because majority of us have moved away who were honestly able to afford to move away.

The rest of us still live in our parents' house. Like the woman that was here before, I wonder how many single family homes are actually multi family homes. I would love to see that be studied because that will prove why we need more homes. I was looking up the house Maui, information as mister Uyoka was up there, and it was done in 2020 by your predecessor participated in it. And it said that in 2020, we needed 13,949 homes, additional units by last year.

I would love to see that study. I don't know where we're at in how to quantify it, but I can tell you if we qualify it, we don't have enough. And I don't need too many studies to study what we already know that we have housing shortage. UHERO just did a report on 05/14/2025, and it starts off with Hawaii remains in a severe housing crisis. High prices and mortgage rates have made home ownership unaffordable for most residents.

Housing productions remain slow with county and state regulatory battle barriers, sorry, posing a major obstacle to new construction. And this is this is it. This is we're living in it right now. This is exactly our problem. Meanwhile, shifts in The US home insurance market have driven up cost, increasing homeowners association fees, further reducing affordability, Federal imposed tariffs on building supplies and immigration policy that may reduce the national supply of construction labor also pose a new challenge to get housing built.

Earlier in our committee, thank you again for joining us, we were discussing what it was like for the beginning process of this. And after this one went through, which is about, nine months or so in advance, we are still looking at years and years and years conversation and entitlement and then building permits. And so this is our problem right here. We're all aiding to our problem of not having affordable housing. Again, I don't really have questions.

This was just my opportunity to soapbox because I've had the opportunity. But I wanted to get all of this off my chest as we begin discussions, about the importance of affordable housing, which, I mean, honestly, don't we already know? Like, we know we need affordable housing. We know our problems, and I'm just wondering what we're gonna do about it. I I understand we need more studies to do more studies to do more studies, but at the same time, our people are leaving, and you cannot you cannot study that.

You cannot study the impacts of what it's like when we don't have any local people calling Hawaii home. I don't know how you would study that, but I feel it every day. Thank you, chair. I know I just ranted for five minutes, but I appreciate that luxury. Thank you.

Sure thing. That was a lot and you must have been saving that up. Member Batanga and your opportunity.

Thank you chair. I guess I'll start with a disclosure. This is the same TMK that the Maui not Maui MPO, economic opportunity transportation base chart is located on. So I might be conflicted and I'm going to ask the administration for help in determining that. So there can I confirm that the urban wealth boundary amendment, the change in community plan, and the change in zoning are all restricted to just the project area and it doesn't impact the other condominium lots on the same TMK?

My belief is yes, but who did you want to ask?

I guess I was asking yes. So I guess my next question would be to either planning or court counsel. So if that is the case, would a change in those three things impact have any sort of impact on Maui economic opportunity?

I haven't reviewed those CC and Rs. This is Michael Hopper, Deputy Corporation Counsel. I've not reviewed the CC and Rs to take a look at that. Generally, a physical area is delineated for all of the changes and those are in your ordinances. So the actual effect will be on those ordinances. Whether that otherwise affects other properties within the same master property that is subject to the CCNRs, I can't give an opinion on that. But the geographic limitations of the ordinances are set forth in the bills.

Okay.

I mean I'm no lawyer or board of ethics member but I don't see a conflict What about you guys?

I came to this meeting thinking that I'd have to recuse myself, but after hearing the presentation, I actually think I would be able to participate in discussion. Hoping that

the rest

of the body

is going get feel

the same. Okay.

Can you restart his clock? Because that was just seeing

if he

could participate, and I would like substance.

Thank you, chair. Okay. So I guess for the planning department, I hear your concerns about expanding the Maui urban growth boundary while there's still vacant land within the existing boundaries.

But

on the flip side, I see community plans being developed without fully utilizing space within our existing urban growth boundaries. Do you guys have any concerns with applicants asking for

we're

to

So we have not had to

do deal with that. This before. So Within the community plan designations, there can be areas that are not developed. Up until 2016, this within the CP area, there was agriculture. There were still some sugarcane lands.

And even where, like in Waikapu, there were pineapple fields up until not too long ago. So there are areas that within the community plans that had not really been developed. But at least with having the urban growth boundary, the small town boundary, the rural boundaries, that's where development, you know, could be seen in the in the future, even if the future is, say, forty years from now. An example is in the South Maui community plan, which will be coming to you, Kihei Mauka, that's an area that is within growth boundaries but had been initially just designated as agriculture. But now we are looking at designating that as small town center, even though we know that that's going be a long time away.

That's within the growth boundaries but something that had not been utilized, but we're starting on the plans for something like that.

Thank you, Director. For the water department, can I ask so I heard that there was a proposal to develop its own private water system for this project and that they would like to turn it over to the county? I heard that there was discussions with the department, but I hadn't heard whether or not you have concerns with the system as it's currently being proposed, if you guys are being expected to accept it in the future. Can you speak to that?

Yes. Thank you for the question. So those discussions are still in very early stages. No commitments made either way. In general, in terms of accepting the infrastructure, the source just needs to meet quality criteria and yield expectations in terms of accepting conveyance infrastructure. I would say it needs to be substantially conforming to our water system standards. It doesn't need to be perfect, but I need to be careful what I say because I don't want to make any statements on behalf of our operations folks who are not here right now. Thank you. Thank you.

I guess, sorry, back to the planning director. So your initial recommendations were to defer until after the draft EIS was accepted, correct? And now it's the final EIS? Can I ask oh, no, that's not correct? Opposite. So you always wanted it to be deferred until after the final EIS was accepted. Can I ask what the difference is between the two?

I think what's important is the draft EIS is being submitted by the developer and it's all the developer studies, submits it, releases it out for public review, so you get public comment on the draft EIS. That public comment that is used to create the final EIS. So the final EIS hasn't considered any comments on that draft EIS yet. So all we have is the draft EIS, what has been

put forward by the developer. Thank you.

Chair?

Just one other note too, a final EIS if it's accepted also means the Land Use Commission reviewed it and took an affirmative vote that it meets the basic requirements of a final EIS as well. So that's the other step. They publish it, but then they also accept it. So that's another sort of difference from just the draft being out there.

Thank you, Mr. Hopper. I guess for Mr. Uyoka, has the project had any noise impact studies? Sorry, chair. My notes reflected the order in which they were all talking.

Yes, it's included study is included in the DEIS.

And were there any findings of significant adverse impacts? The noise. For the noise, correct. So were they at acceptable levels or did you have to have any mitigation matters built into the project?

We would mitigate when we build into the project.

Okay. Thank you. Thank you chair.

Thank you member Batonga and I just want to remind you I think this body set aside 9,000,000 to assist the developer in the development of that well.

Charley, your opportunity. Okay. Thank you. Okay. It's not that I have questions at this point, but I too don't want to rant.

I don't want to rant. I just want to remind folks that, yes, we do have barriers and a lot of the barriers are self imposed. The county imposes way too many conditions and impediments on projects and so does the state. And, you know, my concern is that we may be tempted to put conditions on preliminarily, prematurely at the very beginning of a project before we hold we know the whole scope that is acceptable to all the various

Surely.

Agencies that have to

There's no, mechanism to put conditions on, only on the change in zoning. So we cannot put commission conditions on the Maui Island plan amendment or the community plan amendment. So

just Yeah.

Wanted to clarify that for you that there will be no conditions, allowed because that's not you cannot, to my understanding, put a condition on a Maui Island plan amendment or a community plan amendment. So not entertaining any conditions for these bills.

I didn't necessarily suggest that we do a community plan amendment or anything like that. I'm just saying in general, when we tend to, you know, we have a tendency to to add conditions at the very beginning of the process rather than vet the whole the whole matter out first, and then you see what conditions make sense. Okay. The other thing is

that we are, that's what's on the agenda is a community plan amendment. Right?

Yeah. Okay. But what I'm saying is I'm not suggesting that that we make amendments at this point relative exactly to the project without having all the details of the project and imposing a specific amendment at this point. That's Yes. What I don't don't think think we

can do that. We cannot do that.

Right. And then the the other thing is when I talk about barriers, a barrier is like show me the water. A barrier is asking for too many affordables in a situation where, logically speaking, who's gonna pay who's gonna subsidize the affordable portion if you don't have a gap housing or higher priced housing. So all of those kinds of things, you know, need to be considered because people forget that somebody has to pay the bill. And, if the if the people who are going into the lower end do not have the money to pay the bill, then somebody else has to pay the bill.

So that that to me is a major consideration because I'm like I said before, I've seen so many projects that have ended up in the affordable housing graveyard in Maui County because they couldn't get off the ground, because they foolishly agreed to too many conditions that they couldn't deliver. Because a lot of times, they commit to things they can't they don't even know they can whether they can or cannot do. But because over time, prices continually go up, it's beyond their reach already. So we have to keep that in mind that every time you add a condition, it's got then you're adding a cost. And and sometimes we forget that.

Even the departments forget that. Because whether it's the planning department or the water department or a public works department, after the council is done with approvals on this and all projects, it goes through the administrative gauntlet. So, you know, I I just want to remind our members that that we're not the only ones imposing conditions. Everybody is imposing conditions. And that's why by the time it gets to the end of the tunnel, I mean, it's barely, barely workable.

So that's all I have to say about this and all projects. And if I still have a few minutes left, before the flight pattern was over the increments in Kahului and first increment, second increment I lived in second increment. We couldn't hear the TV when the planes went over because it was that close. And, you know, adjusted to the noise. But I don't recall having any knowing of anybody getting sick or anything like that from the airplanes because they they flew directly and lower over all of the increments.

And we the increments had about seventeen seventeen increments in all. So thousands, maybe three, four thousand units that would have been impacted by Okay. The

And just to clarify, we're not adding conditions today. Any no conditions will be entertained because you can't put conditions on a Maui Island plan amendment or a community plan amendment. There will be no conditions.

Right. But that's can I say one thing? But that's not what we're hearing from the testimonies. I think we need to clarify that.

Clarifying there will be no conditions today. Go ahead, Member Dunson.

Thank you, Chair. My notes are all over the place, and I have five minutes. And I think what I'd like to do since the departments are here, I heard loud and clear from Planning that you prefer to deferral. And maybe since the other departments here, do you guys also prefer deferral? And it's a yes or no because I'm sure we can get it in the weeds. But how about direct dementia, would you prefer deferral today, the action of today or not?

Can you use your microphone please because somebody is on.

Thank you, Chair, the question and Member Johnson for the question. I would defer to the Planning Department's recommendation and therefore the answer is yes.

Okay. How about Mr. Jensen from Water?

I don't want to speak on behalf of my directors, but I think we would tend to be in the same boat as Director Mitchell and we would align with Planning's position.

How about Deputy Director Peterson? He was on the call.

I would defer to planning on this issue.

Okay. We all defer to the deferring department of planning. Got you. Okay. Now I got a question this is a two zero project, that's what I heard. That's correct, right? 201?

There's nothing that I've seen in the record that I mean, there would be a different process for this potentially, if it was a two zero one H process.

Mr. Uyoka, is this a two zero one H project?

Or a 2.97 or what kind is

Yes. You.

What's in front of you today is a straight zoning change or community plan. We will be coming in for a two zero one to try and speed up the first phase. We don't want to, but we think we're going to have to.

Okay. That's what I wanted to clarify. So if they do go for a two zero one, now this is for our lawyer, and I'll be back for you in a minute.

You may still have a seat over here.

Join the club.

Come on

down, Mr. Ego.

Because we have a hard stop.

So the if they get in their what's the term, their entitlement and their two zero one, what happens when this project takes so long that it becomes a new type of two zero one, like a two zero one Z by the time this thing gets done? So does that lock in all the things that they get for if it was passed in or does it happen like is it grandfathered in or does it go along with what the current two zero one at that period? That you understand my question, was wondering.

Well, Member Johnson, think you're way ahead of me here. What we're looking at are this is the regular process one would go by to develop land. If they get a community plan amendment, Maui Island plan, urban growth boundary amendment, change in zoning and a district boundary amendment, that's normally what you would need. You would use the two zero one to not get those things. You would use a two zero one to say instead of a change in zoning or a community plan amendment, I'm going to request exemptions from those ordinances and then get approval that way within a forty five day window.

So right now, if they get these approvals, presumably that should be what you would need to develop a project. They would you would have the zoning, you would have a community plan and you would have an island plan designation as well as a state district boundary designation that would all allow you to develop the project.

So they get all these, let's just say hypothetically they get all these and then in addition to they apply for a 2.1 H as to what Mr. Ullojoko was saying.

Would need more detail. I'm not sure why you would do that if you've already got your entitlements. So I'd like to hear more on that to be honest because I'm just not sure why you would do that after you would get the entitlements to do the project. So maybe there's other areas of infrastructure that would need exemptions. But if you get your approvals, you would be stating how you would be supplying water, wastewater, all of those things as part of those approvals. So I don't know if the 201 is too exempt from getting those infrastructure

or what exactly? Is that the path you're considering Mr. Uliolka?

To we're the next looking at at I think

process. But when these things take so many years, I wonder if we all of a sudden don't have a say in our 201 Hs anymore as a county. But you have hands up. Go ahead.

You have more to add. Yes. If I may, Chair. Thank you. So Member Johnson, what would happen is go through the total 1H process, you guys would approve or hopefully approve with modification, and I'm going to assume it's going be with modifications. And that would be our zoning in a sense. That would be our charter. That's what we would develop. Our requirement would be no matter how long it takes, you might put a deadline on there for Please make it long because we already are planning on taking at least twelve, fourteen, fifteen years. But that's what we would have to follow.

The 01/21/2026 or whatever year that you get that in.

So we would submit plans and specs and then you'd modify and make conditions and stuff and we would follow that for the rest of time.

All

right. My time is up and that's where I was heading to and thanks for responding to my question.

Thank you chair.

Member Cook?

Thank you chair. So, my first discussion was planning. I recall during the island plan, when the urban growth boundaries were being discussed, and the various areas, that Kahului area was looked at to be, I don't know, not low income, more Wailuku and Kahului being a more desirable place for local residents because tourists and other people wouldn't necessarily want to live there. Did that resonate at all?

Yes. Thanks. I'm from Kahului, so I know what you're talking about.

And

so I mean, I remember then I was kind of like put off, well, what's up with that? But I'm just relaying that. It's like, it's been generally understood that Kahului, Wailuka is a local community. I was turned off to this project at first because of the airlines and other kind of stuff. Couple different things.

I did do a couple projects in Sparklesville by Baldwin Beach Park and also in Sparklesville, And results to business. Of proposed construction out on Mokulele Highway or And the Veterans Highway in the state. And was concerned about that. And as colonel from Vermont said, Councilmember Cook, we were addressing that issue. In Virginia, we have places where fighter jets leave every hour over the barracks and it's been addressed.

Now, that's a little bit of extreme, but I'm just sharing with you that it's hard to the a

be

part

And

And I

And I just say that because of dirt and dust and all the different stuff that farming goes with. It's like not a real good thing to do in the area. Although, I love farming. So, I'm supportive of this. And I wasn't necessarily in the beginning. I think that this has the potential to supply a chunk of area for Kahului. I don't know if probably a lot some of you can remember. Marcos on Dairy Road was Hawaiian equipment. A little blue one story sheet metal building that they did equipment. And they grew cane, bam, right up into that area.

And it was just sort of like when Arizona built on Dairy Road. It's like, how come they build in way out there? And it's not like that. I mean, was only twenty five years ago, maybe thirty years ago. So change happens. Hansen Road seems to be like the stop point. And I just want be

we're

to to

that. Much to build do stuff. And The house I live in that Spencer built, 1989, a sheet of plywood cost $25 T1-eleven, four inches, eight inches of center, nine feet long. Today, it costs $132.5 for one sheet of plywood. Technology, they can get more veneers out of a log now. There's a whole bunch of stuff. It's not a it isn't a vanishing resource. It's just for all the different things that make money less expensive. I just want to share with everybody, none of this stuff is going to get cheaper. You guys hear me banging all the time.

I'm like delays, delays, delays cost money. So this is an opportunity for all of us who want to have a good project and people follow the guidelines to kind of own up to the fact and this is, I think, what Chair Lee is kind of going at, too own up to the fact that when we delay and Dergen, you don't want to rush to the finish line, but I want to get to the finish line so people can build. My 2¢ is I want to have the developer donate land for a bowling alley, an ice rink, a senior citizen center, 160 acres. There should be enough room to do a But public private I wouldn't extract that from them. Would just kindly ask them to help us help you.

Thank you, Chair.

You. Member Seninci?

Mahalo Chair and mahalo for everyone for being here to answer our questions this afternoon. Just following up, Mr. Uyoka, what was the project's plan to address the Department of Environmental Management request to create your own sewage plant? You guys are doing that?

Yes, thank you, Member Sainz. That's actually why we're doing the FEIS is because the trigger was building our wastewater treatment facility. But our ask right now is we'd like so we can get started faster because it will take years to build a wastewater we'll go the the And back back next slide. We'll comes the

project, I know it looks like there are like reservoirs back there, but you guys are addressing those issues should it go through?

You. Emerson Antti, so I believe the way that's that's question. A think I a think lot of modern good subdivisions, they didn't get hammered that hard because they were able to deep dive adequate drain, master plan communities.

Right. Okay. Thank you for that. And then my other question was for director Mitchell. I know you didn't have any comments at the beginning of the project and you did say it doesn't come to the department just yet. But if you did, if we were there, did you have any concerns of the project?

Thank you for the question, Chair and Member Senensi. It's tough to articulate concerns when I don't yet know what the housing unit look like. What I've seen is a bubble diagram. So that's how early the project is in the phase. They really haven't put pen to paper yet, haven't done design work. It's really hard for the Department of Housing to weigh in. So we generally would wait until there's a trigger that sends the project to our department. But if we're going to opine this early on the project, it would be helpful to see something more than a bubble diagram.

Anything to say about the general site area location?

I think I agree with the planning department's general concerns. But at the same time, a project of this scale cannot easily fit into the available vacant land in Wailuka Kahului that's undeveloped. So this is an incredibly ambitious project that probably couldn't be located anywhere else. And in that regard, it would be helpful to if we were flexible enough to see this project through because if it is realized, it's going to add a significant amount of housing stock to what is already approximately somewhere in the order of 4,000 units for all of the projects in the Wahuluco community plan area that are in the pipeline. So add an additional 1,600, it would be a

significant two. A significant bump

in the housing stock in a very short period of

time. Okay.

All

right. Thanks for your responses. Thank you, Chair.

Thank you. If you can put five minutes for me. My first question is was, Mr. Perez correct that a DBA could be issued contingent on MIP and the Island Plan and Community Plan amendment being forthcoming, Mr. Hopper? Is that correct? Like as a lawyer?

Based on the law, I think so and it's been done in the past. The land use commission who is the one who counts here has a different opinion on that. And I'm not their attorney general. And so their position has been you need to have the community plan and the whatever general plan of the county is in place consistent before they're going to process district boundary amendment.

At least that's what I've been hearing. So you two lawyers think that can, but their lawyers said no can and we got to go by their lawyers.

It's their commission, yes. The land use commission. So we can't make them take a district boundary amendment in advance. We've certainly not the only project they've had that position on. We're dealing with that with Koele right now. And we dealt with that with Koele that they required them to come here first.

And then

there's other there's a few others. And planning department I think is interfaced with them maybe most directly. So they may have some more specific discussions, but that's what that's my understanding. Obviously, the project developer may have heard something as well.

My next question is for the planning department. It seems as though you've raised a bunch of serious concerns, which I I hope we're all taking seriously. My question is have you commented on the draft EIS with those same concerns so that it would be taken into account when the land use commission does the final EIS?

Thank you Chair Paulton. We did not comment on the draft EIS.

Is there a reason?

I don't have a reason. I think we certainly shared many of our concerns at the Planning Commission and at this meeting. Not with the draft.

It your practice to submit comments?

Personally, I would have to defer to our current division. I'm not sure how the process works with the department.

Can we yes, go ahead.

Maybe also helpful knowledge. After if an EIS is accepted and the project proceeds to a district boundary amendment, you may already be aware of this, but the planning department is an automatic party before the land use commission on the contested case for the district boundary amendment. So planning would be, as of right, required to participate in that and would have to submit witnesses and exhibits and things like that and participate in the contested case once that actually would go forward. So that would have to be after the EIS is accepted but that's something that would happen.

Wasn't aware of that. Was that what you were going to say Mr. Diaz? Okay. Great. I got more questions. If that covers it. My next question I think would be for mister Uyoka and mister Mitchell. Is the intent to distribute the housing through a lottery and would HUD HUD vouchers be accepted? And if it's through a lottery and the housing department implements mister Johnson's bill one eleven, which I'm not sure what the ordinance is, would that be able to like ensure that the housing goes to our local people? Like how you know, so those are I guess a joint question. Maybe Mr. Uyoka first and then Mr. Mitchell.

So our goal of course is we do want to partner with certain other entities and provide housing for their workers. This is really going to be workforce housing. It's not going to be luxury second well, it's rentals. So it's going to be workforce. And the goal is, of course, at a minimum under 2.96%, 25% of the units will be subject to the terms of 2.96%, and that would be lottery.

If we do go to a 1H, 50% plus one would be most likely subject to the terms of 2.96, and that's typically what this county does. So those units would all be for lottery. But we've never like we're going to keep all the rates below 140% the rental rates, but we want to have that flexibility where we can work directly with local employers to get housing for their people at reasonable rates. So my take on it. Thank you.

And you'd accept HUD vouchers?

I would assume so. I got a check. I'm not

And pets?

Pets, yes. We work out a pet policy for sure. We heard the Humane Society people the first time.

I'll be sure to let them know. Go ahead Mr. Mitchell.

Thank you, Chair. I think Mr. Ujorka covered the bases but it's unclear how the project is going to be financed and whether there might be project based vouchers, and that's another opportunity for us to discuss. The department hasn't done that significantly in the past, and so we'd like to look at opportunities to do that. So this might be a project where we can do that.

Absolutely. Our project manager has it working where it does pencil on its own, but we'd love to make things better. So thank you.

Members, do you mind if I give Mr. Batongaan until he has to leave as the project area person? And I kind of heard that Charlie and member Ohuhu didn't have questions. So I'd like to give you Thank you, until you leave as the area person.

Thank you, chair. I appreciate that. Just one question. I meant to ask my question to wastewater, not water, the last round, about coordination with the project team since it was contemplated that turning the system over to the county was on the table. I remember correctly, there was a recommendation for a private water system or that they wait until the county has increased capacity?

To clarify, the water system would be turned over to the county?

The wastewater would not. The wastewater would still retain. That's why I was confused. Okay. Then I'm okay. Thank you, chair.

No further questions? Okay. Charlie, did you have any questions? Okay. I see you over here. I'll go to Nohe and Bahrain. Just

a reminder that I don't know if planning staff wanted to answer your previous question.

Oh, Mr. Hopper kind of covered what Mr. Diaz was gonna say that they have a seat at the table after the FEIS, so they're a part of the process. I mean they could have submitted comments, but they're gonna have a seat at the table. So

Okay. Thank you.

Thank you. Go ahead, member Uhu Haji.

Thank you, chair. Will begin by discussing some of the department concerns they laid out here in our presentation. So a couple of things I think that are worthy to discuss. The first one, is the process. Process.

And And so so please, please, I'm gonna ask my question, but please feel free to explain as well. Because this is a council initiated change council member right now, soon to hopefully be council, but right now council member initiated change versus a developer and slash applicant initiated change. This council initiated change is within our code. It is slightly different than the proposed changes if it was to be a developer and applicant or housing provider and applicant initiated change, but it is within our code. This is an allowable thing for us to do in order to expedite by, again, about five to seven years, the creation of affordable housing in this case.

Yes? Yes. And I know that's one of your concerns because it doesn't necessarily go through the entire process, but it is absolutely well within our code. Secondly, the inconsistency with a couple general plan policies and examples. So your first bullet point here is a need to conserve and protect agricultural prime lands for development.

I don't disagree. I will add that it may have been prime ag land, which I don't think it's in the top tier of ag land, when it had water. It does not probably have water right now for ag land nor is it in active ag land use. At one time, we did have sugarcane there as we saw from the little crop circles, but it's no longer there anymore. So I understand that that is absolutely crucial if there was active ag, but there is no longer active ag there.

And when it was, it wasn't sugar. The public need input for designing new growth areas and no robust public input for this project. Again, we're gonna this is the beginning of a long windy road. We're gonna be having this same conversation for the next seven years. I will probably be going all white over here by the time a house is built.

But my point is that we will have the opportunity like we had today, like we had the time before, you know, but it looks good on you. And like we had in MPC, robust discussion. And so I don't think that, we are taking away the opportunity for community input by doing this process. We discussed about the urban growth boundary and should only be expanded if all of the uses are already used. And I think that one is quite hard because that means we're assuming all landowners of vacant land is gonna be like, hey, guys, I wanna build housing, which is primarily our problem.

We don't really solicit landowners to say, hey, this is our problem. We need housing. What can we do? We do wait for them to talk to us and then or do a developer initiated, housing provider initiated change in zoning, and then ten years later, maybe we can have a head in a bed. So I think it's kind of hard to put that condition on a housing provider on the condition that we're maybe waiting for other housing providers.

I do know that, we have existing entitled homes, but as Charlie said, sometimes they go into the what did you call them? Graveyard of affordable housing, which is really sad because I do think this is, unfortunate. And I know I'm probably running out of time, but for infrastructure availability, perhaps maybe at this time, I'm gonna ask mister Uyoka to talk about what traffic studies you folks have done as it has been a big issue, and a big a big conversation rather, perhaps you could give us some information on that. And then I can continue to address some of the other concerns when I come back again.

Thank you, member Uhu Hajj. So getting into the specifics, yes, there is a TIAR in the DEIS, and I don't believe this project, while quite sizable, had any significant impacts on the traffic in the area. But I'll defer to that study, of course. Please don't quote me directly on it, but the study is there. Thank you.

Thank you. Going by raising of hands, I'll take Member Cook followed by Member Johnson.

Thanks. This project, as far as affordability and build ability, doesn't have sand, it's on dirt, it's on very, very, very disturbed ag land. As far as cost effectiveness to get in and put utilities and to build, this is probably one of the least expensive places that you're going to find.

Member Batonga and Hasugu, I just wanted to give you an opportunity, if you wanted to let us know as as the area representative if he had a sway one way or the other because me, I would, in this instance, I'm not decided yet, and I would like to hear what your sway is if you want to give it, you don't have to.

Thank you, Chair. No, I'm happy to share my thoughts on this. I am leaning toward well, I would lean towards recommending you approval because there are still other applications coming forth. But I am also if you had called for the question while I was here,

I would

probably ask for deferral and wait till the final EIS is complete. If this was the applicant initiated process, think that would have been a requirement, and I think that it's something that I would have asked for of like, if if we are sorry. I I didn't have the thoughts articulated very well, but I would have asked for the the final EIS before taking action on this matter. So if I was to have to vote today, that's that that would have been my position. If I was in the in in your position, I would have waited for that final EIS to have been scheduled before scheduling it just so that accepting authority would have been able to rule on the matters put forth in the draft.

Thank you. That does help me because I had no idea what I was gonna vote.

And it's clear that I'm still formulating these thoughts too. I do have to say that there were some things in the planning department's presentation that I found very persuasive. There were some concerns raised that I didn't think were as persuasive. But the throughout the conversation, I do think that most of the concerns were mitigated. And this is more a question of process for me rather than the merits of the individual

application before us.

Thank you. Member Cook, sorry to have interrupted you. I hope you didn't lose your train of thought. You may continue his time.

I I don't really need any more time. I just wanted to weigh in that if we want housing and small town additional stuff, accelerating the time, choosing the right spot is and being supportive is the way that we're going to get it. That's my 2¢.

Thank you, Member Cook. I think Member Johnson?

Yes, thank you, Chair. Some of my questions are for Mr. Ulioca, so I'm just going to jump right into him. You mentioned in your presentation there are some DHHL lands over there. Okay, let's get into that because I wanted to clarify that.

I'm sorry, I should have been clearer. In that House Maui study, they talked about all of these various projects that are coming online. Two of the bigger projects are DHHL projects.

I see. That's where I wanted to clear that up. Now I'm going to ask about the your landscape plan because as you know, the test fires in fact, before this even came before me, even when I drive there, said, oh, there's the airplane. It's like right above my head. I think the suggestion and what I was hearing was make everybody have AC, keep the windows shut, keep the doors shut, but also the landscape plan, the types of trees, the type of vegetation you plant in that area will really help keep the noise down.

And I'm curious as builder, as the folks that are going to be moving this forward, I would assume that would add more cost than just a typical, oh, we're going to have a nice little bush here. No, you need substantial I think the term is like pine trees are really good at that for some reason just the way the sound flows through them, whatever. The point is, I wanted to know what you guys' stance on. How do you if you could address some of the sound through your landscape plan?

Yes, Member Johnson. We did have that discussion and it is going we have to follow the landscape planting plan, of course, but we do plan on working with our landscape architect to try and incorporate as many features as we can to reduce noise, but also just livability. Currently, way the buildings are structured or like shaped or I guess I should say placed, it is taking into account where it's windy in Kahului, it's hot and sunny in Kahului. So buildings are placed. We'll try to get them with the winds.

If you do want to open your windows, you don't have to there's going to be windows. You don't have to leave them closed. And there's going to be the opportunity for shading via landscaping. So yes, we are aware and we do plan on doing that.

Thank you. Shade is another factor that you brought up that I totally support because you want a walkable neighborhood, you don't want to we all do it on it. When we're walking a sidewalk, we see our neighbor, we want to talk. We all just kind of move towards the shady area and talk. So I love that it builds community. But I'm specifically addressing like the sound that you could bring down with a good bushy tree or a tall pine tree, like Cook Island Pines on Lanai, as you guys know. That's our shtick, right? So I'm glad that you guys are going to try to address that in the landscape plan. Does it add extra cost by doing that?

Everything costs, but we have to put a landscape planting plan. Of course. You know what I mean. There's requirements anyway.

Of course, there is that. But if you're kind of aiming towards a sound barrier type of landscape plan, would that add additional costs?

Really don't know how much additional if it would be additional, but we can certainly look into that.

Fair enough. I'm going pivot a little bit. You guys have I've seen the maps, but we didn't I didn't see like a model of we're And going And

with able that. Next first one,

then 20

to

of 20,

build the

we're are they going to be from the ground up and you're just building that way? Or are you going to try to do any kind of cost cutting through any form of prefab? I mean there's all levels. You could even have the shed something structures would be prefab. I'm curious if you guys have considered that.

I believe currently our plan is stick build. I think currently the way the law works is we wouldn't be able to get the necessary inspections for a prefab prefab unit. That's kind of the holdup. But we do plan on going stick build on this right now. That is our plan.

Know, Hoku did it with prefabs and it's just fascinating to me how they did it. But okay, we can get into that because we got plenty of time for this kind of conversation. But really, just wanted to those were my last few questions. Let me double check. Yes, thank you so much. Thanks for your time. Thank you, Chair.

Thank you. I had some questions I wanted to clarify. Planning department in your presentation where it says MPC proposed conditions for change of zoning. I wanted to When you said all residential units will be rented at or below 140% AMI, you're not proposing that the renters would have to qualify at 140% or below AMI, just that the rent price would be at 140% or below AMI. Is that correct?

Yes, that's correct.

And Mr. Uyoko, was your intention to align with what that was? You said rents would be probably 140% or below and not that the applicants to the housing would have to make 140% or below?

Correct. Don't get me wrong. For the 2.96 units, the 25%, that will be a requirement. And for if we go to one H, the 50% plus one at least. But our goal was to and not necessarily for the not wanting people to be 140% income, but it it's a task to qualify and constantly qualify Don't all worry. Yeah. Well, just to qualify the people and to maintain that and check it all. It's humble.

Next question. To member point in her last round, and this is not a condition. It's a request for commitment that you would be willing to do a media release at each step where people could provide in in testimony, like, a week in advance, like, do a media release. Like, we're gonna come up for this opportunity. If you wanna provide testimony, this is how to do it.

Since it's a shortened timeline, I think, you know, just putting out a release to Maui now or whomever would be prudent. Like, I I see so many comments on social media, but I don't know that they understand how to participate not on social media. So I was wondering if you would be willing to you know, like, when the thing is agenda ized or scheduled that you would be willing to put out a media releasing, like, this hearing is coming up. If you wanna provide input or testimony, this is how you do it kinda thing.

So here's where the devil's in the details. Right? You guys post your agenda six days before your meeting. So if you want me to post something a week in advance, I don't necessarily know that I'm going to be on an agenda per se. We can work together, of course. And then I need more specifics because I don't wanna break my promise to you. Is Maui now good enough? Do I have to go Maui News? Do I have to go

you know,

I'm not seeing a newspaper because that's difficult. You know, I don't know. Just a press release to any kind of radio or digital format is is okay with me.

Can I'm okay with it in concert. I just don't know if, like I don't know if they let, like, private do press releases per se. It becomes an advertisement almost.

I'm I'm okay with working with you on that. Like, if you send me the information, I can send out a press release or request the administration to do it. It's not like a condition, and

Hold on.

I I'm happy that you don't wanna make false promises Yeah. Or, you know, get my vengeance up. But it's just a request because to remember O'Hu Hanjin's point, there's gonna be choke more steps, but not that the general public understands when, how, where. If you send it to me I'll try and get it out through a channel. And Mr. Mitchell is willing to work with you as well.

Sure. Of course. I just like hurt feelings later on in case we misunderstand each other.

I hate hurt feelings. Thank you. And then would you also be willing to work with housing as you work through the preliminary designs just for feedback? Because they said, you know, they don't have anything to say because all they see is bubbles. If you're working on that now, if Mr. Mitchell is willing to provide feedback in this preliminary stages because you know we're all about saving time here.

Absolutely. We look forward to it actually. We want to work through this with the county and get it done faster. Thank you.

Mr. Mitchell are you open to that? Okay. Thumbs up. Question I have, Mr. Hopper, do you know in this case how many votes at council would be required to pass it? I seem to think it's five, but I'm not

Well, Chair, I was actually going to bring this up because I was a little unclear because it sounded like at the beginning you had said that the two things that the Planning Commission said in its vote was to have the draft EIS done, and that's certainly been completed and is a matter of record. The other was to have the island wide inventory maintained by the Department of Existing Land Uses updated and find that the additional urban density land necessary to provide for the needs of the projected population growth within ten years of that inventory. It sounded like there was a discussion that I thought at the beginning I heard that that inventory was completed, but then I heard the department say they were working on an inventory. And so having that clarified could perhaps give some indication of if we need if it's if the criteria that the Planning Commission made in its recommendation is met, therefore requiring five votes provided the council makes that finding. Or if the inventory is not completed and then the council decides to override that and move forward, it may need six votes.

So I wanted to get that clarified where we're at with the From planning. The inventory. Yeah.

Planning, can you clarify if it's been updated or to the point of meeting the criteria?

Thank you, chair. So at this time, we have the number of vacant acres. I don't have the breakdown of residential, commercial, and industrial, which is one of the components in the 2014 study. But the staff are working on that now.

I guess the question is, for a five or a six vote would you consider that you've done what the recommendation of the Planning Commission is or that you still have a ways to go?

Thank you, Chair. I think the big part of the inventory is the number of acres which we did complete. I think that provides you a lot information on what's available. So I think that I mean, like I said, that's a lot of information right there. I mean, I can check with staff on how much longer they think they need to do the breakdown and the further research, but I'm not sure.

Does that help you, Mr.

Hopper? Yes, think it does. And then this goes to the Maui Island Plan policy 8.1.B, which states that an urban growth boundary shall only be expanded if the island wide inventory maintained by the Department of Planning of existing land uses, residential, commercial, industrial, indicates that additional urban density land is necessary to provide for the needs of the projected population growth within ten years of that inventory. So I think the commission's recommendation was going toward the council making reviewing that and finding, yes, this is true in the case of this island plan amendment, which in the island plan, it says this is the criteria for an island plan amendment. And I think it's I think council can make that decision, but I think that was the information it wanted.

So if we're saying we have this information or inventory provides a substantial amount of information. I want to look at that in the context of the commission's recommendation. I mean, at this point, I'm not going to definitively say five votes would be all that's required after looking at that just because is that inventory updated at this point? Again, for committee action today, you only need five votes for that. But when you get to the council floor, I don't want to say there's no potential for requiring a twothree vote if those if the commission's action was to make that as either a modification or a modification not adopted by counsel or substantively a recommendation of denial unless those the

bottom line is we don't know at this moment. If more analysis.

If we cannot say that the inventory has been updated, that was one of the things the commission put in its recommendation.

Okay. And then if I may, one last question. If we defer to the final EIS, then as soon as the final EIS is accepted or it's accepted and it becomes the final EIS, then if we so choose, we could amend the Maui Island plan and community plan and then they could schedule the LUC. Is that correct?

Answer. I don't see why that could happen. It might delay LUC's holding of the district boundary amendment hearing from between the they went to the acceptance of the final EIS and then have to go back into counsel to finalize this process, I guess there could be some delay. But as long as the two ordinances we're looking at today were passed, yeah, I think that could go forward to the

For the planning department or whoever knows the answer, how far does anyone know a timeline of now that the comments have been accepted, how long it would take from the draft EIS to become the final EIS?

Yeah, so that's on us. The comments came in. So we're looking at resubmitting in probably September ish for the FEIS to the LUC. We want to wait until we get the water studies done before we draft or submit the FEIS. And

then So you take the comments and then you incorporate it in, have a hearing with the LEC, with the planning department, and then all of you guys create the FEIS? Or the LEC creates the FEIS based on the conversation with all you guys?

So basically they're going to tell us what the FEIS should say, give or take.

Mr. Diaz, did you want to add?

Yes, Chair. So for the draft EIS, essentially it goes out for agency comments, agencies provide comments. And then I would assume this is LUC, so I'm not 100% sure on their process, but I am assuming then the draft EIS would go in front of the LUC and the members would provide their comments and then they would go back to the applicant to have to address all of those comments. Once they do that, then they would create a final and bring that back to the LUC for acceptance.

And so like September, you're saying about four months?

Oh, yeah. Sorry. Mr. Diaz is correct. We will send our draft addressing the comments in and then it turns into the final over some processes. Yes, it will be at least four months. And just for your last question, Chair, so we would need that process finished. However long that takes, it can be challenged legally and everything. And then we would come back here for the island plan and the community plan amendment. Then we would go back to the state for the LUCDBA, and that would also be a contested case hearing and that could take as long as it takes.

And then we would come back here for our change in zoning. So thank you, Char.

Okay. We've been going at it for quite a bit. Does anyone want a break? We don't have to, but just offering. Okay.

Nobody wants a break. Okay. One, two, 34, five, six. We got six members, so we'll need at least five votes right now for sure. I did wanna take member Batanggan as the area representative because I didn't I mean, I don't know how much this affects me personally living in Napili. I did wanna take his recommendation or his vote today into consideration. Does anyone have any discussion about how he felt? Or I mean, I don't know if that's done, but yes. Member Woo Hodgins and member Cook.

Thank you, chair. I always have thoughts. So, I understand where he's coming from, but I don't know if he realizes that as a county, we decided not to be the accepting authority of the EIS and that we would have an opportunity to do the change in zoning after we get the EIS. And so we have the draft draft now, and then we still have an opportunity to review this project and really solidify it, with the final EIS after it comes back to the LUC. And while I appreciate his suggestion, that just aids in the ping ponging as we described earlier, in going back and forth through this entitlement process.

So it would add a lot of time. I understand his point,

but I disagree. Member Cook?

Thank you, Chair. I just want to reiterate, I think that our process, and this is a really good example of it, describing it today, is a really big part of the problem. I think that if we pass this today, I'm an advocate of passing this on of committee today, that we're simply nudging it along. There's a whole lot of things in front. Delaying it for something and for something over something, I don't really see the need. Think today we could pass it on a committee and I'd like to. So that's my 2¢.

Any other comments from any other members? Yeah, if we can stick to the topic at hand. Member Senensi?

I too am Kanalua only because it's I mean, like you, I kinda took member Batangas as the area representative, but also the the departments when when member Johnson asked their opinion.

But

Mr. Uyoka said you guys would still you're waiting on the water to get some water reports and then taking all the comments from the draft EIS process, and then you guys will come back with your final or present your final?

So yes, we are we got all the comments. The comment period closed on May 7. Comments. We're working on addressing them and, you know, updating the draft EIS, and we are waiting until we get those water reports done. So in September, we expect to be good to go, and then we'll go work with the LEUC on the acceptance of the draft. We'll start on the process to get to our FEIS.

All right. Thank you. Thank you, Chair.

Member Johnson, did you want to oh, Member Lee, you want to

weigh in? Yes. I took Member Batanggan's comments as not being decisive. I think he's thinking about it. And I think overall he supports this project. I think we had the benefit of having a previous discussion on it that he may not have had. I'm not sure. But, don't forget, Kahulu is part of Central Maui, and that's my district as well. And I strongly support this project. Thank you.

Thank you for the reminder. Member Johnson, anything to weigh in on this particular issue?

On this particular issue, I tend to also listen to the folks who district that they represent. I also want to say, you know, where is the sense of urgency from our departments, you know, from this process. It's slow enough as it is, and I thought we were in a housing crisis. So I've said it before, if your hair is on fire, you best act like it, right? If we're in a crisis, we best act like it.

I wish it was just that simple, that it was just a black and white issue. But really, the other side of the coin is what housing crisis when I drive down Manali Bay and there's empty lots for sale all over, but there are $3,000,000 oceanfront views, what housing crisis? If you've got $3,000,000 in the bank, you've got it. There's no housing crisis. So that's the dilemma that I'm at. It's like I want to listen to the area rep, but also we should be acting with some urgency. And if this is if this brings us back to September is what I'm understanding? Is September is that the month I'm hearing?

Yes, go ahead. If I may, sure.

Go ahead.

So we'll start the FEIS acceptance process in September. When that's actually done, it might be November.

Okay. So if we pass it out today, how much does it save you

on time? So it's going to save me after that. So instead of after the FEIS acceptance, then I go do my DBA and then I come back for my zoning. If we push this back, I get my FEIS acceptance, it'll hope it's in November. I'm probably not going to be able to get my community plan and Maui Island pan amendment through you guys in November and December. So it'll be and then January, you know, it's going to be a little hectic. It's an election year this year, so probably push me back till February. And then I'm at budget and or you guys are at budget at the

end You of to to help. You see what I'm saying? Like, I'm trying. You hear me, I'm trying.

I'm sorry.

So that's what's frustrating for me. So it's like hurry up and wait,

I you know what I'm guess what I'm saying is if you get me through on the community plan and the island plan now, then when I'm done with it in November with the accepting the FEIS accepting authority, we jump straight into the DBA instead of coming back here for the island plan and the community plan, which probably won't be until honestly next year.

Let me make another clarification. Like say we vote this out, voted out at full council, you're assuming the risk. Like you said January could be nine new members and they say no on the CIZ. The only thing you're allowed to do is the intersection of the current zoning and

the Oh, sorry chair. I'm basically allowed to do nothing. I'll whatever ag and the community plan that I'm asking for allow that overlaps. That's it.

So if we move it forward today and a whole new council comes in and they say no to the CIZ, pretty much we can do ag.

Basically, yes.

Okay. You guys ready for my recommendation?

Yeah.

Okay. Chair will entertain a motion to recommend passage of Bill 163, twenty twenty five on first reading.

So moved. Second.

Moved by a member O'Ha Jin, seconded by a member Cook. The chair will entertain a motion to replace bill 163 with the proposed CD one version approved as to form and legality by the Department of Corporation Counsel uploaded on graphic number 51 found at page number 14 because of the wonkiness.

So moved. Second.

Moved by member Jin, second by member Cook. The proposed CD1 version is the same as the posted amendment summary form dated 05/13/2026 except that it is now approved as to form a legality by the Department of Corp Council. The revisions include the following amending the bill's title and text to correct the property size, amending the bill's preamble to update the bill's procedural history, inserting an exhibit a with a meets and bounds description of 163.443 acre portion of the property referring to an and inserting a new exhibit b Maui Island plan directed growth map amendment MIP-one. Sorry, I did your discussion for you. Guess any further discussion on the amendment as stated?

Sounds good, chair. Thank you.

Is this roll call vote or voice vote? Roll call. Roll call. Just the amendment. Voice vote. All those in favor raise your hand and say

aye. Aye.

Chair you have six ayes, zero nos, three excused. Members Tsukimura, Batonga, and Rollins Fernandez motion passes and now you're back to the main motion as amended.

Members, any further discussion on the main motion as amended? Member O'Ha James.

Thank you, chair. I'll I'll try my best to keep it short since majority of my questions, were a little ranty. But I do support this project because I I support affordable housing, full stop. For me, there's no but after my support for affordable housing. I I wanna make clear, thank you so much to the departments for being here.

I know we probably don't see eye on eye to eye on this all the time, but I do respect your opinion even if I slightly disagree with it. Central Maui has a really high local population, which I love to see, which is why I'm happy that they're going to be providing more affordable housing here. In that UHERO study that I quoted earlier, Kahului in Central Maui ranks 55 out of 65 towns for its local nets. There's only 6.8 out of state people that bought homes, which I don't think majority of us can say that, which is why I'm actually super happy that, we get to create a town for us while we're here right now. And I know that Maui is facing a lot of challenges and change, and my primary issue is just for our local people to stay home, for our brain drain to stop, for our number one export to be its people.

And I do, thank everybody here, and we're gonna continue to have this conversation, over and over and over again. And I and I thank you, mister Uyoka, for working with chair and our other departments to get people out here and get their testimony heard as well and create more public participation. So thank you, chair, thank you, department. I appreciate it.

Member Cook.

I would just like to say that if we wanna have housing for Maui's local residents that is as close to affordability and obtainable as possible, this particular site think that's question. A great

Any other discussion? Seeing none, can we do a roll call vote?

Thank you, chair. Proceeding with roll call vote. Councilmember Sugimura. Excused. Councilmember Sanenzi. No. Council member Rollins Fernandez. Excused. Council chair Lee. Aye. Council member Johnson.

Aye.

Council member Cook. Aye. Councilmember Patongaan. Excused. Committee Vice Chair, Uhu Hodgins. Aye. Committee Chair, Palton.

Aye.

Chair, you have five ayes, one no, three excused. Member Sukumura, Rollins, Fernandez, and Batonga on motion passes.

Thank you. And we'll find out later, I guess, if we need five or six votes at full council. I reserve the right to change my vote in case I get somebody upstairs telling me something different. Not the 9th Floor. Okay.

Chair will entertain a motion to recommend passage of bill one sixty four on fresh reading. So moved. Second. It's been moved by member Woo Hodden, second by chair Lee. The chair will now entertain a motion to replace bill one sixty four with the proposed c d one version approved as deforming legality by the department of the court council uploaded as grandi case number 51 found at page 22 due to wonkiness. So moved. Moved by member Oo Hodgins. Seconded by was it Charlie? Second by Charlie. I'll do your discussion for you.

The proposed c d one version is the same as the posted amendment summary form dated 05/13/2026 except it is now approved as to form a legality by the Department of Court Counsel from page 22. Revisions include the following amending the bills text and title to correct the property size, amending the bills preamble to update the bills procedural history, inserting an exhibit A with a meets and bounds description of the 163.443 acre portion of the property, referring to and inserting a new exhibit B community plan map CP dash four three six. Any discussion on the amendment? Will this be a voice vote? Okay.

All those in favor raise your hand and say

aye. Aye.

Chair six ayes, zero nos, three excused. Member Sukumar, Rollins, Fernandez, Patonga. Motion passes. You're back to the main motion as amended.

Thank you. Members, any further discussion on the main motion as amended? Would you like a roll call? Yes. Okay. Roll call please.

Thank you chair.

Proceeding with roll call vote. Councilmember Sukimura.

Excused.

Council member Senensi? No. Council member Rollins Fernandez?

Excused.

Council chair Lee? Aye. Council member Johnson?

Yes.

Council member Cook? Aye. Council member Batongaan? Excused. Committee vice chair O'Hodgins? Aye. Committee chair Palton?

Aye.

Chair, you have five ayes, one no, three excused. Member Suki Moore, Rollins Fernandez, and Batonga. Motion passes.

This concludes today's disaster recovery international affairs and planning committee meeting. Thank you very much everyone. Mister Mitchell will be in contact with mister Uioca. We'll see you at full council with at which time they'll let us know if five or six votes are needed to pass it forward. The time is now 04:08, and this meeting is adjourned. Thank you for no recesses. Four zero eight.

Good job, chair.