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Committee backs forwarding Lam rezoning change to allow one additional dwelling
Summary
The legislative committee voted to forward Bill 119, which would remove a condition prohibiting a second dwelling on the Lam property in South Kohala, to full council with a favorable recommendation after hearing a planning director presentation and neighbor testimony supporting use of catchment water and fire mitigation measures.
The Legislative Committee on Legislative Approvals and Acquisitions voted to forward Bill 119 to full council with a favorable recommendation, a measure that would delete a condition prohibiting a second dwelling on a South Kohala property owned by Clemson and Janet Lam.
Planning Director Jeff Darrow told the committee the parcel lies in the State Land Use Rural District and that under the department's interpretation the state ADU enabling statute does not straightforwardly apply in rural districts. Darrow recommended revising condition D to permit one additional single-family dwelling on each parcel within the rezoned area "unless or until state law is amended to authorize the development of ADUs in the State Land Use Rural District." He also identified the parcel as RA-2 (residential agricultural, two-acre) and reviewed maps and site photos used to evaluate the request.
Neighbor Derek Fukumoto testified in support, saying the Lam family intends to build a one‑bedroom dwelling for their son and to rely on a catchment water system rather than county water meters. "They've been ideal neighbors, stewards of the land," Fukumoto said, urging the committee to approve the appeal. Former council member Margaret Willey, speaking for the applicants, said statewide law and County Bill 123 (Ordinance 2,470, adopted Oct. 7, 2024) broaden ADU opportunities and asked the council to adopt the planning commission's recommended language or similar wording.
Council members queried water infrastructure and fire risk in the area; Director Darrow said county plans previously contemplated drilling O'uli wells to support development but he did not have current well status. Chair Heather Kimball noted an Attorney General opinion is expected on the statutory interpretation, but said the legal question was not necessary to resolve that day because the applicants accepted the proposed language as drafted.
The committee approved forwarding Bill 119 with a favorable recommendation. The measure will now go to the full council for further consideration at its February meeting.
