Ka Wai Ola - Office of Hawaiian Affairs, Volume 38, Number 3, 1 March 2021 — Kaka'ako Makai — Back to the Drawing Board [ARTICLE+ILLUSTRATION]

Kaka'ako Makai — Back to the Drawing Board

Welina! Aloha mai kākou! I have invited former OHA Trustee Peter Apo, who is very knowledgeable about this month 's topic, to write this eolumn in my stead. Mahalo nui, Peter! In 2012, after 31 years of brokering, the Legislature approved, and OHA accepted, a land-instead-of-cash settlement offer proposed by Gov. Neil Abercrombie. The State of Hawai'i owed OHA $200 million dollars as back payment for OHA's entitlement to 20% of annual ceded land lease rev-

enues collected by the state. $200 million was the value assigned to 10 parcels totaling 30 acres of coastal lands, collectively referred to as Kaka'ako Makai. Kaka'ako Makai has long been a subject of public eontroversy in terms of how these lands are to be used. Prior to the 2012 settlement and OHA's assumption of the 30 acres, a formal planning process driven by the Hawai'i Community Development Authority (HCDA) was completed via the estab-

lishment of the Kaka'ako Community Planning Advisory Council. A significant number of community voices were raised whose voices yielded a eoneeptual master plan that waved red flags as to the degree of highest and best use commercial development that might be tolerated. The OHA settlement caught everyone by surprise and triggered a back-to-the-drawing-board discussion. OHA has a fiduciary duty to its beneficiaries to realize the cash equivalent of the $200 million land settlement. As a beneficiarydriven trust, the question then emerged as to what degree OHA might, or should, feel a responsibility to accommodate the voices of the broader community in determining the fate of these of coastal lands if it means limiting highest and best use opportunities. Another important note is that the Legislature removed residential development as a permitted land use. Given that residential is generally the highest and best commercial use of most Hawai'i lands, OHA is denied the highest level of revenue opportunity. To address that limiting circumstance, OHA failed in a previous appeal to the Leg-

islature to remove the restriction. A bill is currently pending in the Legislature that would allow residential development. No doubt it will raise serious concerns. Moving forward, from 2013 - 2015, OHA contracted a master planning team of DTL Hawai'i, WCIT Architecture, the Edith Kanaka'ole Foundation, and PBR Hawai'i tasking them with developing a new conceptual master plan for Kaka'ako Makai. An important part of this OHAdriven master planning process

was a relatively exhaustive statewide community engagement initiative. What emerged was basically the same public concerns previously expressed regarding establishing a threshold on commercial development, placing a high priority on access to the waterfront and shoreline, open spaces for recreation, and unfettered mauka-makai view planes. At this point in the Kaka'ako Makai planning time tunnel, OHA got sidetracked by a perfect storm of serious gov-

emanee issues involving other state agencies. So, while an OHA Conceptual Master Plan was completed, it was forced onto a back burner. OHA's new chair, Trustee Hulu Lindsey, has hit the reset button and prioritized Kaka'ako Makai for urgent attention via reenergized deliberations and forming of an administrative team to get the ship out of the harbor. OHA Trustees should seriously consider another round of community engagement to weigh-in on a new draft conceptual plan for Kaka'ako Makai. OHA has a long record of advocating sustainable growth policies and stewardship of the 'āina. If anyone understands the pain of predatory development and loss of sense of plaee, it is Hawaiians. I am conhdent that OHA will successfully navigate a fair hnaneial return at Kaka'ako Makai in fulhlling its hduciary duty, and at onee create a gathering plaee that welcomes all and celebrates who we are as a people. All Hawai'i stand together! Let us pray. ■

Leina'ala Ahu lsa, Ph.D. Vice Chsir, TrustEE, At-laryE

Former OHA Truslee Peter Apo - Photo: Courtesy