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4._ 1 Dr. Holeka Goro Inaba, Council Chair and Members of the County Council. December 22, 2025 Page 3 All essential utilities and services remain available to the project site. Police and medical services are located nearby in Waimea, approximately 5.5 miles away. There is a volunteer fire station located at the top of Waiula Drive, approximately 2 miles west (makai) of the project site. The nearest manned fire and emergency services stations are also in Waimea and near the South Kohala resort area, approximately 5.5 and 11.4 miles away, respectively. At the time the RA-2a zoning was approved, a primary dwelling could be built by right and a second dwelling could have been built with the issuance of an `Ghana Dwelling permit on each of the subdivided lots, thus doubling residential density. There was a concern by the Planning Department and County Council at the time that this increased density may contribute to a cumulative burden on existing infrastructure (roadways, water, etc.), therefore Condition D was added to prohibit a second dwelling unit on the property. Similar conditions were standard on most rezoning ordinances of that era. The applicant's justification for amending Condition D is based on recent amendments to State law and the County Code, which permit ADUs within the RA zoning district and on lands designated Rural by the State Land Use (SLU) system. The Planning Director concurs that the intent of these legislative changes is to encourage the development of additional housing units overall within Hawaii County and is therefore generally supportive of amending the condition. However, based on the Department's interpretation of State statute, the development of ADUs is not permitted within the SLU Rural District. Pursuant to HRS §46-4.8, Accessory dwelling units on residentially zoned lots; subsection (b) provides that "...each county shall adopt or amend ordinances defining reasonable standards that allow for the construction of at least two accessary dwelling units, or the reasonable equivalent, for residential use on all residentially zoned lots. " However, subsection (i)(1) clarifies that "this section shall not apply to any area outside of the urban district established by Chapter 205. " Moreover, subsection (k) indicates that, ""Residentially zoned lot" does not include a lot in a county zoning district that is intended for rural, low density residential development, and open space preservation." As the rezone area's RA- 2a zoning is intended for rural, low density residential development, the ADU provision does not appear applicable. While the County has adopted an ADU ordinance under Bill No. 123, which permits the construction of ADUs within the Residential and Agricultural (RA) zoning district, this allowance applies only to properties located within the State Land Use Urban District. Therefore, ADUs are not permitted within the rezone area, which lies in the State Land Use Rural District.