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HomeMy WebLinkAboutREP LAAC 027 2026-01-22 2024-2026REPORT OF THE LEGISLATIVE APPROVALS AND ACQUISITIONS COMMITTEE DATE: January 22, 2026 PLACE: Council Chambers Kailua-Kona, Hawaii TIME: 10:43 a.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Re: Comm. No. 687/Bill No. 119 Your Committee on Legislative Approvals and Acquisitions, to which was referred Bill No. 119, reports as follows: Bill No. 119, transmitted by Managing Director William V. Brilhante, Jr., via Communication No. 687, dated December 29, 2025, amends Ordinance No. 02-93, which amended Section 25-8-7 (North and South Kohala Districts Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2016 Edition, as amended), by changing the district classification from Agricultural (A-5a)to Residential and Agricultural (RA-2a) at `Ouli, South Kohala, Hawaii, covered by Tax Map Key: 6-2-007:002 (Applicant: Clemson and Janet Lam) (Area: 5 acres). The Leeward Planning Commission forwards its favorable recommendation for the requested amendment to Condition D, which prohibits construction of a second dwelling unit on the property. The property is located at 62-2039 Kawaihae Road. Planning Director Jeffrey Darrow was present in Chambers, with Applicants Clemson and Janet Lam and their representative, Margaret Wille, Esq., appearing via the Waimea Council Office courtesy site. Mr. Darrow provided a PowerPoint presentation for Bill 119 via Communication 687.1. Ms. Wille thanked Mr. Darrow and the Council for working together to address the major policy change statewide to ensure it is not contradictory and that the County interpreted the state law in that Accessory Dwelling Units (ADUs) are required to be allowed in all State Land Use (SLU) urban districts and prohibited in SLU rural districts. She asserted that correct interpretation of state law would in fact allow ADUs in rural districts under County Bill 121. Ms. Wille stated that there is one area in question under the newly proposed Condition D. The Planning Commission recommended verbiage to read: "The construction of no more than one additional single-family dwelling shall be allowed on each lot covered by this amended ordinance unless or until State Law allows the development of ADUs in the State Land Use Rural district." Ms. Wille noted that such verbiage after the word "ordinance" is unnecessary as the last phrase is a little uncertain as written and that State Law should be read on a more liberal view and that it does fall under the County's authority to allow up to two residences on a half -acre lot. Ms. Wille shared that the applicants went through all the requirements and have addressed each, including providing water via catchment, and therefore ask for approval. Committee Chair Heather Kimball added a minor note relating to the specific matter of this property and the question on State Law and what it means, stating that a determination from the Attorney General is expected on this matter. She further shared that after speaking at length with the author of the state statute, and contrary to the Planning Department's interpretation, it was not the intent of the legislature to prohibit ADUs in SLU Rural. LAAC Report No. 27 LAAC-27 Page 2 January 22, 2026 Committee Member James Hustace thanked Mr. Darrow, Ms. Wille, and the applicants and expressed his support. Mr. Hustace noted that he grew up with Carl and the Lam `ohana in Waimea and understands the goal and intent of this measure to allow for `ohana to remain in the community by building an ADU. Mr. Hustace requested a broad explanation of the water infrastructure of the area. Mr. Darrow replied that they have seen some larger developments or anticipated larger developments in the area and that within the past five years, the area has transitioned from agricultural to residential two -acres, noting that such can only happen with County water. He added that even though County water has not been granted to the applicants, ADUs do not restrict the applicant from building without meeting the requirement to have County water. They can dig a well, put up catchment, or if in drier areas, truck in water if needed. Mr. Hustace asked that with the General Plan being the guiding force, why is there still limitation on water through Planning Department's engagement with the Department of Water Supply. Mr. Darrow shared that for the area relevant to this measure, several wells were supposed to be drilled at `Ouli but he is unsure of the status of those wells which were intended for the development of `Ouli and `Ainalea. Mr. Hustace stated that with the generalities of growth and demand for housing, we need to match the infrastructure. Committee Member Dr. Holeka Goro Inaba thanked the applicants for complying with all the other conditions already and the time extension being removed. Committee Member Jennifer Kagiwada asked whether this ADU will be used for a short-term vacation rental (STVR). Mr. Darrow replied that STVRs are not permitted in this particular zone. Committee Member Rebecca Villegas thanked the applicants for their diligent stewardship of their land which was reflected by the public testimony provided and complimented their efforts of being the type of community members who genuinely malama their land. Chair Kimball questioned whether there would be a concern if these properties were to develop covenants, conditions, and restrictions or create a homeowner association (HOA) with the language in this clause prohibiting the HOA from actually restricting ADUs? Mr. Darrow noted that there would be concerns if the original condition remained as it is not intended to be a restricted covenant and shared that the committee could suggest to remove the last sentence; however, there are pros and cons. The advantage is that single-family dwellings are not limited by the restriction of the ADUs but instead limited to one dwelling unless the law changes, then ADUs can be built. Your Committee on Legislative Approvals and Acquisitions is in accord with the purpose and intent of Bill No. 119, and recommends its passage on first reading. dbk AYES NOES ABS EX GALIMBA X HUSTACE X INABA X KAGIWADA X KANEALI`I-KLEINFELDER X KIERKIEWICZ X KIMBALL X ONISHI X VILLEGAS X Respectfully submitted, COMMITTEE ON LEGISLATIVE APPROVALS AND ACQUISITIONS 0 ATHER L. KI9ABALL, CHAIR LAAC REPORT i l00 27 ADOPTED: FEE�� 4 2026