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Committee forwards Lam rezoning amendment to allow one additional dwelling for family
Summary
The committee recommended forwarding Bill 119, which would delete a condition preventing a second dwelling on a 5-acre South Kohala parcel owned by Clemson and Janet Lam, to the full council after testimony and discussion about ADU law, water infrastructure and fire risk.
The Committee on Legislative Approvals and Acquisitions voted to forward Bill 119 to the full Hawaii County Council with a favorable recommendation after hearing public testimony and a planning department presentation.
Derek Fukumoto, a neighbor who identified himself at the hearing, urged the committee to approve the Lam family’s request so their son could afford to live in Waimea. “Their intent has been to find a way that their son Carl be able to afford to live in Waimea,” Fukumoto said, and added that the family plans to use catchment water so as not to tax county water infrastructure.
Planning Director Jeff Darrow presented maps and a legal analysis, saying under the department’s interpretation of state law the ADU-enabling statute does not apply within the state land-use rural district and therefore RA-2 zoning does not automatically permit ADUs. “Under the department’s interpretation of state law, the development of ADUs is not permitted within the state land use rural district,” Darrow said, and recommended revising the existing condition to allow one additional single-family dwelling per parcel while maintaining the area’s low-density character.
Margaret Willie, introduced at the hearing as the applicants’ representative and a former council member, asked the committee to prefer clearer, more public-facing ordinance language and said she favored a liberal reading of the state law to allow accessory dwelling units.
Council members raised questions about fire risk and water availability in the area. Darrow noted the applicants plan to rely on catchment systems or wells where county water is limited, and that the property’s prior planning approvals and site work addressed other conditions such as sewage and drainage. The chair said an Attorney General opinion on the statute’s meaning is expected and relevant to future consideration but not necessary to move forward with the applicant’s request.
Without further debate the committee voted to forward Bill 119 to the full council with a favorable recommendation; the clerk reported eight aye votes with one member excused. The measure will appear on the council agenda for its first reading.
