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Committee forwards Waiakea rezoning to full council to enable 14‑lot subdivision

Committee on Legislative Approvals and Acquisitions · December 16, 2025
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Summary

The Hawaii County committee voted to forward Bill 111, a request to rezone 4.4669 acres in Waiakea from Agricultural (3‑acre) to Single‑Family Residential (10,000 sq ft), enabling a 14‑lot subdivision; members discussed fair‑share fees ($17,921.82 per lot/ADU), ADU allowances, septic limits, and infrastructure costs estimated at about $1.5 million.

At a meeting in Kona, the Committee on Legislative Approvals and Acquisitions voted to forward Bill 111 to the full Hawaii County Council with a favorable recommendation. The ordinance would rezone Tax Map Key 4‑08‑001:014 in Waiakea from Agricultural (3‑acre) to Single‑Family Residential (10,000 sq ft) to allow a 14‑lot subdivision.

Planning Director Jeff Darrow told the committee the parcel totals 4.4669 acres, is inside the State Land Use Urban District and identified for low‑density urban uses in the county General Plan. The applicant, Milani Development LLC, proposes 14 single‑family lots — one of which accommodates an existing dwelling — with lot sizes ranging from 10,000 to about 21,400 square feet and one road lot built to county dedicable standards. "The cost of the improvements is estimated to be approximately $1,500,000," Darrow said.

Applicant representatives, including land‑use consultant Darren Aray, described the project as residential infill and noted prior nearby rezonings by the applicant that created homes in the same area. Aray said the applicant agreed to the planning director's recommended conditions and is prepared to respond to council questions.

Committee members focused discussion on access, utility and mitigation conditions. Councilmember Kaguata asked whether Aji Street and an irregular section of I Street would be dedicated or improved; Darrow said a prior rezoning included a condition requiring dedication of the roadway portion and that improvement timing depends on the Department of Public Works. Councilmember Eustace asked whether the existing southern home would shift access from Aji Street to Kekaha Street; Darrow said the applicant proposes abandoning the Aji access and providing access to Kekaha Street.

A central point of debate concerned a fair‑share mitigation condition tied to possible additional units. Councilmember Kanieli Kleinfelder asked whether the listed $17,921.82 figure applied per lot or per accessory dwelling unit (ADU). Darrow explained that under the county's revised ADU rules (Chapter 25‑6‑30), a property may have one main dwelling and up to three ADUs, and that the condition sets a fair‑share payment of $17,921.82 per lot/ADU. He said the subdivision would require payment for the 13 additional lots (the existing lot is excluded) prior to final subdivision approval, and that any ADU built later would trigger its own fair‑share payment when a building permit is sought; the amount is adjusted by the Honolulu Consumer Price Index (HCPI) at the time of payment.

Committee members also discussed affordable‑housing obligations and onsite wastewater limits. The applicant said it has been in discussions with the Office of Housing and Community Development to meet an obligation that currently stands at 2.8 housing credits (rounded to three). Darrow stated that most of the lots will not be served by municipal wastewater and therefore are constrained by Department of Health limits tied to individual onsite wastewater systems (generally limiting bedrooms per system); he said one proposed 20,000‑square‑foot lot could accommodate two septic systems.

After brief additional comments and questions, the committee voted to approve Bill 111 and forward it to the full council with a favorable recommendation. The clerk initially announced nine ayes, then corrected the tally to eight ayes; the ordinance will next be considered by the full Hawaii County Council.

The planning director said subdivision approval is expected within seven years from the effective date of rezoning if the applicant proceeds; the applicant indicated it intends to begin subdivision and development activities promptly after securing rezoning approval.