Housing Land Use Committee Meeting – March 11, 2026

The Housing Land Use Committee of the Maui County Council met on March 11, 2026, at 9:03 AM to consider a single agenda item: Bill 28 (2026), which would allow Andrea M. Kayo, as trustee for two trusts, to subdivide a 12-acre parcel at 201 Heahea Place in Wailuku into four lots for family members, despite the property having already reached the maximum number of lots allowed under the agricultural district sliding scale. The meeting concluded at 10:14 AM with a unanimous vote to recommend passage on first reading, with an amendment incorporating a condition recommended by the Maui Planning Commission.

Presentation by Applicant

• Rory Frampton, planning consultant for the Kayo Ohana, presented the request for a four-lot family subdivision under Maui County Code Section 19.30A.040.F. The property was originally part of a 7-lot subdivision finalized in 2007, with lot 7 (the largest at 12 acres) retained. The Kayo family, including Andrea Kayo (a teacher of 30+ years) and her husband Kaala, purchased the property after a settlement from Kaala's stroke in 2018. Their three daughters (all teachers) wish to live on the property as a family compound. The subdivision would create three additional lots (beyond the current maximum) for the daughters, with access via Heahea Place and potentially a driveway off Kahikili Highway. The existing macadamia nut farm will continue. Infrastructure (water, utilities) is available from the prior subdivision; drinking water will be provided by county water meters under an agreement with the Department of Water Supply, and agricultural water is available from a private system.

Discussion Items

• Interpretation of Code: Councilmember Batangan asked whether a trust qualifies as a “parent” under the code. Corporation Counsel noted that the code section is not definitive and that interpretation is left to the council. Chair Uuhajans expressed confidence that the trust structure reinforces the family’s intent.
• Conditions and Non-Transferability: Councilmember Paulton asked about the planning commission’s recommendation that the approval be non-transferable. Deputy Director Lillis initially stated that the council could adopt it, but later clarified that Corporation Counsel had legal concerns about the council’s ability to impose such a restriction without a financial interest. Director Molina of Public Works noted that the intent of the family subdivision provision is to accommodate estate matters, and encumbering heirs with restrictions may be outside that intent.
• Park Fees: Councilmember Sugimura questioned the $27,000 parks dedication fee. The applicant clarified that the fee is required by the subdivision process and that exemptions for the first three lots had already been used. Councilmember Paulton proposed waiving the fee for essential workers like teachers, but Corporation Counsel stated that such a waiver would require a code amendment. Director Molina confirmed that no administrative exemption exists.
• Water Conservation BMPs: Councilmember Paulton asked about the Department of Water Supply’s recommendation for best management practices. Director Staffelbean confirmed that BMPs would be enforced during the building permit process.
• Precedent: Councilmember Paulton asked whether approving this bill would set a precedent that could limit future council discretion. Corporation Counsel replied that each application is reviewed on its own merits.
• Lot Size and Future Use: Councilmember Cook asked about the lot sizes and whether the subdivision could be later sold to non-family members. Mr. Frampton explained that after subdivision, the lots would be individually owned by the daughters, and each could decide to sell independently. The family has no intention to sell outside the family but prefers not to have conditions limiting future sales.
• Amendment: Councilmember Paulton moved to amend Section 2 of Bill 28 by adding a condition: “The property must be developed in substantial compliance with the representations made to the council in obtaining this approval.” This condition was recommended by the Maui Planning Commission. The motion was seconded by Councilmember Sananzi and passed unanimously (9 ayes).

Key Outcomes

• Vote on Amendment: Passed 9-0 to include condition requiring substantial compliance with representations.
• Vote on Bill 28 (as amended): Passed 9-0 to recommend passage on first reading to the full council. The bill will be forwarded to the council for final consideration, where it will require five votes.
• Next Steps: The applicant will proceed with the regular subdivision process (Title 18) after council approval, including compliance with all county requirements, payment of park fees, and building permits. The Department of Water Supply will enforce water conservation BMPs during permitting.