OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Committee on Legislative Approvals and Acquisitions - July 7, 2026: Bill 168 Zoning Reversion

County Council & CommitteesTuesday, July 7, 2026
BodyHawaii County, Hawaii
SessionCounty Council & Committees
DateTuesday, July 7, 2026
StatusFILED
Video Record
0:00 / 38:36
Transcript — Verbatim
0:01

Okay, everyone, welcome to the 27th session of the committee on legislative approvals and acquisitions.

0:08

Today is July 7th, 2026.

0:11

We apologize for the late start.

0:13

The time is now 12 o'clock.

0:17

Mr.

0:17

Clerk, do we have I'm sorry, let me mention attendees.

0:21

We have Councilmember Kalimba, Councilmember Viegas, Councilmember Coney Lee Kleinfelder, Councilmember Inava, Councilmember Onishi is in the back there, Councilmember Kirkwitz.

0:32

I don't see Councilmember Houston.

0:33

Oh, Councilmember Houston's also in the back, and Councilmember Kaguato, we have our full contingent.

0:38

Wonderful.

0:39

With that, do we have any testimonies here at the beginning of the hearing?

0:44

I'm getting assumed there are no testifiers at this point for your committee, Madam Chair.

0:49

All right, Mr.

0:49

Clerk, can you please read in Bill 168?

0:53

With that said, if in last chance, if anyone would like to testify in Bill 168, please speak up now.

1:01

Hearing and seeing none, Bill 168 repeals ordinance numbers 19-3809-509-4906-13806-1375-118 92-3690-1086-4953 1980 and 594 1973 and amends chapter 25 Article 8, Section 25-8-3, North Kona Zoning Map, and Section 25-8-5, Kailua Urban Zoning Map of the Hawaii County Code 1983, 2016 edition as amended by changing the district classification from village commercial 7500 square feet, C V 7.5, and multiple family residential 2500 square feet, RM-2.5 to double family residential 3,750 square feet, RD-3.75, and agriculture 5 acres A-5A at He Naloli, 4th, 5th, and 6 North Kona Hawai'i, covered by tax map key 7-5-010013.

2:08

Planning director initiated area 6,467 acres.

2:13

The Libra Planning Commission forwards its favorable recommendation to revert the current zoning of 3.331 acres from village commercial to double family residential and 3.227 acres from multiple family residential to unplanned zoning district.

2:27

This property is located on the north side of Hualalai Road, approximately 1,000 feet east of its intersection with Kuakini Highway, Kienololi, 4th and 5th North Kona, introduced by Councilmember Kimball by request and communication 937.1 from planning director Jeffrey W.

2:44

Darrow, dated May 29, 2026, transmitting a PowerPoint presentation for Bill 168.

2:51

Thank you, Mr.

2:52

Clerk.

2:52

Mr.

2:53

Darrow, would you like to um well we need a motion first?

2:56

Can I get a motion, please?

2:58

Motion to forward Bill 168 to Council with a favorable recommendation.

3:02

Motion by Councilmember Galimba, seconded by Council, Councilmember Hughes to forward Bill 168 to Council with a favorable recommendation.

3:09

Director Darrell.

3:11

Aloha.

3:12

This is Jeff Darrow with the planning department again.

3:16

If I can direct your attention to our presentation, I uh if it's okay with you, I would not like to repeat that uh quite a long introduction.

3:27

Um so this is a planning director initiated repeal of quite a few uh ordinances stemming all the way back to 1973, requested by the landowners on this particular case.

3:42

The subject property is identified with a red star.

3:46

It's located within the North Kona District of Hawaii.

3:51

Uh the director is requesting to repeal uh the change of zone ordinances numbers uh 1938 0950 0949 06138 06137 95-1182-3690-10, 86-49, 533, and 594 in response to a written request submitted by the property owners, uh Andy and Carrie Zee Trust, uh Wii Lin Zhao, uh, Yulex Chu, Fang Hung Trust, and Fred Ming Li.

4:39

The repeal will classify reclassify the 6.55 acre property as follows.

5:09

As well as revert 3.227 acres from multifamily residential 2500 square feet, RM 2.5, to its original unplanned, which would be agricultural five acres zoning district.

5:26

The reason for request according to the request to revert the property zoning, the landowners do not intend to pursue the original proposed development of a 104 unit senior independent living community.

5:42

The landowner's intention is to develop a 38 unit double family residential project on the portion zoned RD 3.75.

5:55

Additionally, the landowners will use the portion zoned AG5 for agricultural uses and will develop a single family dwelling and three accessory dwelling units, ADUs.

6:09

Here is a map of our county zoning.

6:23

The purple is the village commercial, 7500 square feet.

6:29

And the maroon color is the multifamily 2500 square feet.

6:37

This is a map of the state land use boundary for the property and surrounding areas.

7:02

And here is an aerial that shows the subject property vacant of structures with the surrounding uses.

7:46

And at the April 23rd 2026 Leeward Planning Commission hearing, the Leeward Planning Commission voted to send a favorable recommendation to the county council.

8:01

That concludes our presentation.

8:03

Thank you.

8:05

Thank you, Director Darrell.

8:07

I'd like to invite the applicant and the applicant's representative up if there's anything you'd like to add in addition to the director's comments.

8:17

Please introduce yourself for the record.

8:29

Good afternoon.

8:31

Sorry, um, my name is Darren Ara, I'm a land use planning consultant, uh residing in Hill Hilo, assisting the landowners represented today by Andy Xiu, who is sitting to my left.

8:44

We appreciate the director um uh introducing the uh repeal of the subject uh ordinances in order to revert the lands back to its original native uh zoning designations that pre-existed uh in the night early 1970s.

9:00

Um at this time the applicant does not have any specific development concepts for this property.

9:06

They're simply awaiting the outcome of the proceedings uh that uh commenced uh a few months ago.

9:12

And uh once that uh the repeal is if the repeal is successful, then they will proceed with um with a proposed development right now again based on the exist uh should the rezoning revert back to double family and agricultural five acres, the project will align with whatever is permitted by those zoning district classifications for the double family zoned area on the Mackay side of the project site, roughly 38 units uh can be accommodated on the agricultural as the director mentioned, uh one single one farm dwelling and um up to four uh three uh proposed ADUs.

9:53

So that's that that's a concept right now, but again, no no specific development concepts have been drawn up.

10:00

They're simply awaiting the final decision from the council.

10:04

So we we stand ready to answer any questions that you may have thank you Mr.

Discussion Breakdown — Share of Meeting
Affordable Housing█████████████████████████████████████████████49%
Procedural███████████████████████████29%
Engineering And Infrastructure██████████11%
Water And Wastewater Management██████7%
Transportation Safety████4%
Summary of Proceedings

Committee on Legislative Approvals and Acquisitions - July 7, 2026

This is the 27th session of the committee, convened at 12:00 PM and adjourned at 12:37 PM. The sole agenda item was Bill 168, a director-initiated repeal of 10 ordinances from 1973 to 2019 to revert zoning on a 6.55-acre property in North Kona from village commercial (CV-7.5) and multifamily residential (RM-2.5) to double family residential (RD-3.75) and agriculture (A-5A). The Leeward Planning Commission had forwarded a favorable recommendation on April 23, 2026.

Discussion Items

Bill 168 – Zoning Reversion at Hualalai Road

  • Planning Director Jeff Darrow presented the request, initiated at the landowners' request (Andy and Carrie Zee Trust, Wii Lin Zhao, Yulex Chu, Fang Hung Trust, and Fred Ming Li). The 6.55-acre property, located at TMK 7-5-010013, would revert 3.331 acres from CV-7.5 to RD-3.75 and 3.227 acres from RM-2.5 to unplanned (agricultural A-5A).
  • Landowner Representative Darren Arai stated that the landowners do not intend to build the previously proposed 104-unit senior independent living community. Instead, they plan to develop approximately 38 duplex units on the double-family portion and a single-family dwelling with three accessory dwelling units (ADUs) on the agricultural portion. No specific development plans have been drawn; they await the council's decision.
  • Councilmember Houston asked about water availability. Director Darrow confirmed 50 water units are available for the property, with 28 already secured and 22 via an annual commitment fee. Councilmember Houston also inquired about road access improvements on narrow Hualalai Road; the director noted that plan approval would involve public works comments but likely not require widening.
  • Councilmember Inava raised the possibility of adding an affordable housing requirement as an amendment before first reading, noting the parcel's history and potential for 38 units. The chair confirmed that the standard conditions section (Section 4) in the bill is blank and may be removed or amended.
  • Councilmember Kakiwata asked about vacation rentals. Director Darrow confirmed that the proposed RD-3.75 zoning does not allow short-term vacation rentals (STVRs) under current code, though bed-and-breakfasts would be permitted. The landowner stated no vacation rentals are planned.
  • Councilmember Heustis inquired about the history of the original senior project; the landowner (Andy Xiu) explained that the previous owner passed away and they purchased the property with no knowledge of prior plans.
  • Councilmember Viegas expressed concerns about infrastructure, traffic, and drainage on narrow Hualalai Road, but noted the need for housing. Councilmember Kahila questioned the consistency with general plan priorities for higher density; the director clarified the recommendation is based on the landowner's request and procedural compliance, not an optimal planning outcome.
  • Councilmember Kleinfelder noted that legacy zoning (pre-1972) was often inconsistent with modern codes.

Key Outcomes

  • Motion and Vote: Councilmember Galimba moved to forward Bill 168 to the full council with a favorable recommendation; seconded by Councilmember Hughes. The committee voted 8 ayes, with Councilmember Viegas excused. The bill will proceed to first reading.
  • Pending Amendments: The committee will consider an amendment to remove the blank conditions section (at LRB's request) and may discuss adding affordable housing requirements before first reading.

Meeting Transcript

Okay, everyone, welcome to the 27th session of the committee on legislative approvals and acquisitions. Today is July 7th, 2026. We apologize for the late start. The time is now 12 o'clock. Mr. Clerk, do we have I'm sorry, let me mention attendees. We have Councilmember Kalimba, Councilmember Viegas, Councilmember Coney Lee Kleinfelder, Councilmember Inava, Councilmember Onishi is in the back there, Councilmember Kirkwitz. I don't see Councilmember Houston. Oh, Councilmember Houston's also in the back, and Councilmember Kaguato, we have our full contingent. Wonderful. With that, do we have any testimonies here at the beginning of the hearing? I'm getting assumed there are no testifiers at this point for your committee, Madam Chair. All right, Mr. Clerk, can you please read in Bill 168? With that said, if in last chance, if anyone would like to testify in Bill 168, please speak up now. Hearing and seeing none, Bill 168 repeals ordinance numbers 19-3809-509-4906-13806-1375-118 92-3690-1086-4953 1980 and 594 1973 and amends chapter 25 Article 8, Section 25-8-3, North Kona Zoning Map, and Section 25-8-5, Kailua Urban Zoning Map of the Hawaii County Code 1983, 2016 edition as amended by changing the district classification from village commercial 7500 square feet, C V 7.5, and multiple family residential 2500 square feet, RM-2.5 to double family residential 3,750 square feet, RD-3.75, and agriculture 5 acres A-5A at He Naloli, 4th, 5th, and 6 North Kona Hawai'i, covered by tax map key 7-5-010013. Planning director initiated area 6,467 acres. The Libra Planning Commission forwards its favorable recommendation to revert the current zoning of 3.331 acres from village commercial to double family residential and 3.227 acres from multiple family residential to unplanned zoning district. This property is located on the north side of Hualalai Road, approximately 1,000 feet east of its intersection with Kuakini Highway, Kienololi, 4th and 5th North Kona, introduced by Councilmember Kimball by request and communication 937.1 from planning director Jeffrey W. Darrow, dated May 29, 2026, transmitting a PowerPoint presentation for Bill 168. Thank you, Mr. Clerk. Mr. Darrow, would you like to um well we need a motion first? Can I get a motion, please? Motion to forward Bill 168 to Council with a favorable recommendation. Motion by Councilmember Galimba, seconded by Council, Councilmember Hughes to forward Bill 168 to Council with a favorable recommendation. Director Darrell. Aloha. This is Jeff Darrow with the planning department again. If I can direct your attention to our presentation, I uh if it's okay with you, I would not like to repeat that uh quite a long introduction. Um so this is a planning director initiated repeal of quite a few uh ordinances stemming all the way back to 1973, requested by the landowners on this particular case. The subject property is identified with a red star. It's located within the North Kona District of Hawaii. Uh the director is requesting to repeal uh the change of zone ordinances numbers uh 1938 0950 0949 06138 06137 95-1182-3690-10, 86-49, 533, and 594 in response to a written request submitted by the property owners, uh Andy and Carrie Zee Trust, uh Wii Lin Zhao, uh, Yulex Chu, Fang Hung Trust, and Fred Ming Li. The repeal will classify reclassify the 6.55 acre property as follows. As well as revert 3.227 acres from multifamily residential 2500 square feet, RM 2.5, to its original unplanned, which would be agricultural five acres zoning district. The reason for request according to the request to revert the property zoning, the landowners do not intend to pursue the original proposed development of a 104 unit senior independent living community. The landowner's intention is to develop a 38 unit double family residential project on the portion zoned RD 3.75. Additionally, the landowners will use the portion zoned AG5 for agricultural uses and will develop a single family dwelling and three accessory dwelling units, ADUs. Here is a map of our county zoning. The purple is the village commercial, 7500 square feet. And the maroon color is the multifamily 2500 square feet. This is a map of the state land use boundary for the property and surrounding areas. And here is an aerial that shows the subject property vacant of structures with the surrounding uses. And at the April 23rd 2026 Leeward Planning Commission hearing, the Leeward Planning Commission voted to send a favorable recommendation to the county council. That concludes our presentation. Thank you. Thank you, Director Darrell. I'd like to invite the applicant and the applicant's representative up if there's anything you'd like to add in addition to the director's comments.

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