Committee hears presentation on density bill to expand residential units countywide; debate centers on safety, infrastructure and affordability

The Disaster Recovery, International Affairs and Planning Committee took testimony and heard a department presentation on Bill 103 (2024), a proposed amendment to Maui County Code Chapter 19.08 that would increase allowable density in the R‑1, R‑2 and R‑3 residential districts.

Greg Post, administrative planning officer, summarized the proposal and said it was designed to expand housing opportunity countywide — and particularly to help West Maui residents rebuilding after the August 2023 wildfires. Post described the draft amendment as standardizing density across R‑1/R‑2/R‑3 by changing minimum lot‑area density to one dwelling unit per 2,500 square feet. Post noted accessory dwelling‑unit rules remain in chapter 19.35 and outlined how the proposal would interact with Act 39 (state law enacted May 2024) that requires counties to allow two ADUs per lot by 2027.

Planning staff provided a table showing impacts by island and lot size; on Maui the department estimated about 18,000 residential lots could be affected. Post told members the change would permit additional unit types — duplexes, triplexes, fourplexes and accessory units — but would not change setbacks, height limits, parking or impervious‑surface standards, all of which influence what can actually be built. The department also noted the proposal had been referred to the relevant planning commissions, which largely recommended approval, and that Molokai’s commission suggested an amendment to require affordability if Molokai were included.

Resource departments offered opening comments. Captain Oliver Voss of the Department of Fire and Public Safety said fire considerations and recent fire‑code updates would guide reviews of higher density and that the department’s principal concern related to roadway access and whether existing streets could handle increased occupancy. John Stoffelbean, director of Water Supply, said the department supported infill housing from a distribution perspective. Deputy Director Bob Schmidt of Environmental Management advised that increased density could affect sewer collection and treatment capacity and noted side‑yard setbacks can limit the ability to install sewer easements.

Deputy Corporation Counsel Michael Hopper advised that revisions to parking and landscaping requirements could be considered by the council because the bill creates multifamily uses in districts where they were previously uncommon; he cautioned the council not to rewrite landscaping requirements beyond the new residential context without fuller review.

The committee then heard public testimony. Testifiers included Jonathan Hilton of the Grassroot Institute of Hawaii, who supported increasing density as a way to concentrate future growth; Jeremy Delos Reyes and other Lahaina residents who opposed the bill unless infrastructure and enforcement (parking, impermeable surface limits, access and emergency response) were strengthened; Kai Nishiki who said the bill legalizes conditions that already exist and urged protections against vacation‑rental conversion and speculation; and Tom Crowley and other professionals who recommended additional departmental analyses and suggested limiting kitchenettes, wet‑bar conversions and the maximum intensification allowed.

Members and staff generated a list of follow‑up questions for staff and county departments, covering definitions that distinguish a dwelling unit from an accessory dwelling unit, how act 39’s two‑ADU requirement interacts with the proposal, whether condominiumization should be restricted, how enforcement of impervious surface and parking rules would work, and departmental capacity to review increased permit volumes. The planning director offered to present “missing middle” housing analyses at a future meeting.

After discussion the committee did not take a final vote on Bill 103. Chair Tamara Polton said the intent was to defer further action and resume debate at a future meeting (March 19) after departments respond to written questions and planning provides a missing‑middle presentation.