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Lanai Planning Commission urges council to reject joint‑use development ordinance
Summary
The Commission unanimously recommended denial of a Council‑initiated bill to add a chapter on joint‑use development, citing enforcement, taxation and interdepartmental coordination concerns. Planning staff had recommended denial pending substantial revisions.
The Lānaʻi Planning Commission voted unanimously on March 18 to recommend denial of a County Council‑initiated ordinance that would allow adjoining lots to be developed as a single lot under a recorded joint‑use agreement. Administrative Planning Officer Gregory J. Pfost told commissioners the Department of Planning found substantial gaps in the draft, including unclear enforcement mechanisms, tax and assessment questions, and no clear dissolution process for agreements between separate owners.
“The Department was recommending denial of this proposal because we felt that there were still a lot of outstanding issues,” Pfost said during his presentation. He described examples involving lots split between zoning districts and explained the draft bill’s two main components: formalizing how lots with multiple zoning districts are treated, and creating a new joint‑use mechanism that would let structures, parking and infrastructure cross property lines while keeping separate ownership interests.
Pfost cited concerns from Finance and Public Works about billing, assessments and enforcement when a single building or shared infrastructure crosses parcel lines. He also urged that any recorded agreement be reviewed by Corporations Counsel, that other departments be engaged in approvals, and that an application and fee be required so staff time is properly covered. The Commission echoed those worries and the motion supporting denial noted the Department's requested clarifications.
Chair Reynold Gima called the recommendation a step to ensure the County and departments can properly administer any new authority. After motion and second, the Commission voted 5‑0 to recommend denial to the Maui County Council; Commissioners Alboro, Atacador, Grove, Manna and Rabaca assented. The transmittal to Council will include the Department’s written comments.
