Bill aims to lift law banning Kakaako makai development

KAKAAKO, Hawaii (KHON2) — A bill is moving through the legislature which aims to lift a current state law banning residential development on the makai side of Kakaako.

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In September 2005, the state agency Hawaii Community Development Authority voted to allow residential development in Kakaako makai. According to Friends of Kewalos, one week later, HCDA selected Alexander and Baldwin to be the master developer. Their development plan included three 200-feet tall residential luxury high rise towers along with high end restaurants and malls.

Save our Kakaako Coalition was formed shortly after consisting of multiple organizations. Those groups working to create a law banning the sale of public land and banning all residential development in Kakaako Makai.

In 2012, two bills were introduced, one to transfer the same public land to the Office of Hawaiian Affairs valued at $200 million, to settle claims of back rent for the use of ceded lands dating back to the ’70s. The second bill would have allowed an exception to the law and allow residential entitlements for two parcels in the OHA land settlement.

Now, the legislature is looking at passing a bill to lift the current law, and allow residential development in Kakaako makai.

A hearing was held last week where the Office of Hawaiian Affairs, which backs the measure, presented its plan in front of legislators.

The makai area encompasses 220 acres, which OHA owns 30 acres. The plan is spread across nine non-contiguous parcels and includes low-density and high-density workforce housing to address the state’s critical housing shortage, as well as ground floor mixed use commercial and a Native Hawaiian cultural center. Plans also include preserving the oceanfront with a “lei of green” promenade. Two of the buildings would be 400-feet tall.

SB 534 is backed by some of the state’s largest unions.

“Over the last 12 to 14 years, OHA has never been able to realize the full value of those lands because it was based on a number are not entitled to develop to,” Kaialiʻi Kahele said to legislators last week. “So to make OHA whole, to ensure we’re meeting the highest and best aspirations of our people and OHA is meeting its mandate of improving the lives of Native Hawaiians, it is vital that OHA is able to realize the full economic value of these lands and we have a way to do it and address the most important issue in this state, [affordable housing].”

Kahele noted that if passed, it would take nearly a decade for the first building to be constructed.

Those who oppose the development argue there is no environmental impact statement and the whole idea seems rushed.

“We are not against residential development,” explained Ronald Iwami, Friends of Kewalos president. “We are not against OHA, per se, but we are against anybody who wants to try and repeal the law that has been protecting this land for 20 years and keeping it like this.”

Written testimony from Life of the Land wrote, “OHA took ownership of 30 acres of land on the
makai side of Kakaako in 2012 as part of the state’s settlement of a $200 million
debt it was owed in payments for ceded lands. OHA asserts that the passed laws and regulations are outdated, and should be overturned. OHA has used various tactics over the years to amend the law to promote development to provide housing for native Hawaiians, although by law, OHA
cannot set aside any of the proposed condos in Hakuone for native Hawaiians. The Department of Hawaiian Home Lands is the only state agency that can impose that kind of racial restriction.”

Those in opposition said they don’t believe the project will be affordable or for Hawaiians or local people.

“If the information in this current bill is changed, its not just OHA who will have access to build skyscrapers and development, but it also opens the puka for all the other developers who are hungry to access these big opportunities of building in Honolulu,” said Elijah Kala McShane, Papakōlea resident, who lives in the same ahupuaʻa.

“As a kanaka I’ve never been interested in living in a condo, and I don’t know too much Hawaiians who would be interested in that as well,” he added. “I can see the loopholes in things politically because even though OHA may have the good intention, at the end of the day, all development in Honolulu is an investment and when you look at the lens of housing our people as an investment — ultimately its going to sky rocket the prices and make what we now see as unaffordable housing for our people.”

“They’re only looking at the next five years, they’re not really looking at the next 100,” McShane added.

Over the centuries, Kakaako went from royal lands to becoming a waste incinerator and landfill.

As for toxic soils, OHA argues, the children’s museum is where the incinerator once stood.

Area lawmakers were listening to community concerns at Kewalos over the weekend.

“Kakaako makai is built on infill, its on toxic land, all kinds of arsenic because all kinds of incinerators were here so we’re really concerned that this be safe,” said Sen. Sharon Moriwaki.

She also said the state is asking people to move away from the shorelines and says the idea seems premature.

While former House Speaker Scott Saiki was opposed to the development, his successor is listening to both sides.

“I do feel OHA was wronged, I would like to make them whole and right,” said Kim Coco Iwamoto. “I’m here to listen, I’m here to hear what friends of Kewalos has to say, they’ve been around for decades. I also went to OHA’s presentation and I heard what they had to say and what the community response was and there’s a lot of community members speaking out as well.”

She encourages her constituents to reach out to her office to share their thoughts and concerns.

Friends of Kewalos and Iwamoto said they think this is an opportunity for OHA to pass this bill now that Saiki is no longer in office.

“I think that’s why they’re moving forward with this, but I want to see everyone win in this situation and I think we can do this if there’s enough pressure to make OHA whole, and we can come together and see the message is heard,” Iwamoto added.

The committee on Water and Land and Hawaiian Affairs will hear the measure on Monday.

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The committee on Housing with hear the measure on Tuesday, February, 4.