Bills propose more housing on smaller lots

Mar. 22—Single-family neighborhoods in Hawaii could become much more dense under two heavily debated bills pending at the state Legislature.

Single-family neighborhoods in Hawaii could become much more dense under two heavily debated bills pending at the state Legislature.

The legislation aims to override county zoning for minimum lot sizes so that multiple homes can be built on lots as small as 2, 000 square feet, compared with common minimum lot sizes of 3, 500 to 10, 000 square feet typically for one house.

House Bill 1630 and Senate Bill 3202 would allow more homes on smaller lots in existing and future neighborhoods zoned for single-family use in the urban state land-use district as a way to generate affordable housing in a market where the median single-family home price tops $1 million on Oahu, Maui and Kauai.

"Less than one-third of households in Hawaii can afford a median-priced single-family home, " HB 1630 states.

The legislation, which has been called innovative and bold, has received much support from local government agencies, including all four county planning departments and the state Office of Planning and Sustainable Development, as well as from nonprofit organizations and members of the general public.

There also was a deluge of opposing testimony largely from community members during one recent hearing, and some lawmakers have raised concerns.

Initial drafts of both measures proposed allowing a minimum of four homes per lot as small as 1, 200 square feet on residential-zoned land in the state urban district.

Current drafts would allow two homes, or at least two additional homes, on lots as small as 2, 000 square feet on residential-zoned parcels in the state urban district.

The urban district includes most areas with residential subdivisions, including suburban or rural communities such as Mililani, Ewa Beach, Manoa, Hawaii Kai, Kailua, Hauula, Kahuku and Haleiwa.

Supporters of the legislation claim that smaller homes on smaller lots produced in new or existing residential subdivisions will be much more affordable given the high cost of land and construction in Hawaii.

"The current one-size fits all approach to single-family zoning does not reflect the needs of Hawaii's people, " the Hawai 'i Appleseed Center for Law and Economic Justice said in written testimony. "By providing more options in our housing market Hawai 'i can relieve price pressure on the private market and prevent the displacement of long-standing residents and ensure that Hawai 'i remains accessible to the diverse range of housing prices and forms needed."

Amanda Wilson, a Maui single mother and condominium owner, said in written testimony that she is trying to buy a larger home so her mother can move in, but faces unaffordable choices such as a century-old plantation house for $800, 000 needing renovation.

"Like many middle and low income residents of Maui, I am in a lurch when it comes to housing, " Wilson said. "Passing this bill and other (s ) like it that reform the codes to allow for more housing to be built is imperative. Without it, I imagine everyone who is not in the top 5-10 % of earners that has not already bought a home will eventually be pushed off the island."

Sterling Higa, executive director of the nonprofit Housing Hawai 'i's Future, said in written testimony that county zoning codes are broken and that minimum lot size regulations originated in the late 1910s to maintain racial segregation in North America.

There was almost total support for HB 1630 at the only public hearing on the bill in the House, held Feb. 12, though opposition grew to roughly rival support at a Feb. 23 hearing on SB 3202 held by the Senate Ways and Means Committee.

Kaui Lucas called SB 3202 a bad bill that would lead to "ghettoized " subdivisions.

Keith Watanabe said the bill would allow more density than "monster houses " that the City and County of Honolulu has been trying to prevent.

"I strongly oppose this bill, as it will surely destroy all of the residential areas throughout the state, " he said in written testimony.

The Outdoor Circle objected to overriding county decision-making tailored to individual communities.

"Forcing densification on neighborhoods is simply not the right way to approach the housing issues we face, " Winston Welch, the organization's executive director, said in written testimony. "The potential changes to neighborhoods may result in massive changes to a character and livability of certain areas, and these are best addressed at the local level."

If proposed changes under either bill become law, it's hard to predict how much any community would change, because it may not be practical for a homeowner to squeeze anything close to a maximum number of homes in place of a front yard, backyard or other open space on their property.

It may be more enticing for investors to buy and replace old, existing single-family homes with multiple smaller residences, though it may not be 10 or more homes on a 10, 000-square-foot lot divided into five 2, 000-square-foot lots.

State Rep. Luke Evslin, lead introducer of HB 1630 and chair of the House Committee on Housing, said each small lot would have to meet county rules regarding setbacks from property lines, building coverage limits, parking requirements and other things. There also would have to be sufficient utility infrastructure.

"So, if someone really did want to develop three units on a small lot, they would be very, very small units, " Evslin (D, Wailua-Lihue ) said in an email.

Evslin added that the intention for allowing two additional residential units on a single-family property is to ensure that three generations of a household can live with dignity together.

HB 1630 had one public hearing by three joint committees in the House on Feb. 12, and the full House passed the measure Feb. 29 on a 37-11 vote after some contentious debate.

State Rep. Gene Ward (R, Hawaii Kai-Kalama Valley ) called the bill a formula for urban blight, and fears that such zoning reform will invite out-of-state developers to build four of five homes on single lots.

"Mr. Speaker, this bill allows us to be even more dense than Hong Kong, " Ward said. "I would say maybe in parts of the Philippines, outside of Manila, where it's just cheek and jowl."

State Rep. Jackson Sayama (D, Wilhelmina Rise-Maunalani Heights-St. Louis Heights ) said he appreciates the bill's intent but has gotten negative feedback from constituents and neighborhood boards.

"I hope that we could continue to work on affordable-housing measures during this legislative session, but I just don't think that this measure is quite ready, at least in my community, " he said.

State Rep. Lisa Marten (D, Kailua-Lanikai-Waimanalo ) said the proposed state mandate would undermine the sustainable community plan for her district produced with community input.

"This would basically make monster homes legal, " she told colleagues.

State Rep. Bertrand Kobayashi (D, Kahala-Kaimuki-Kapahulu ) argued that HB 1630 was fast-tracked with only one public hearing that drew little testimony from individuals but considerable support from organizations connected with construction and real estate industries.

Evslin countered that nonprofits advocating for affordable housing also were among supporters, and said monster homes aren't allowed under the bill. He described the expected impact on communities from such reform as gentle.

State Rep. Lisa Kitagawa (D, Kaaawa-Kahaluu-Kaneohe ) praised the bill and its intent. "It'll help keep families that are moving to the mainland here, and give families an option to build additional dwellings on their property, " she told colleagues.

State Rep. Darius Kila (D, Nanakuli-Maili ) also supports the bill, and noted that a "bare-bones " house in Waianae listed for $750, 000 is likely out of reach for households in his district.

"I cannot keep Maili Maili if people from Maili leave, " he said in a floor speech. "I cannot keep Nanakuli Nanakuli if people from Nanakuli leave."

HB 1630 now awaits consideration in the Senate.

SB 3202 was advanced at two Senate committee hearings in February, and the full Senate voted 20-5 without any floor discussion March 5 to send the measure to the House for consideration.

Further public hearings on both bills have not yet been scheduled, though more debate is expected.