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Joint development agreements could provide housing flexibility

The following testimony was submitted by the Grassroot Institute of Hawaii for consideration by the Maui County Council on Dec. 5, 2025.
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Dec. 5, 2025, 9 a.m.
Kalana O Maui Building

To: Maui County Council
       Alice Lee, Chair
       Yuki Lei Sugimura, Vice Chair

From: Grassroot Institute of Hawaii
            Jonathan Helton, Policy Analyst

Re: Resolution 25-222 — A PROPOSED BILL TO ESTABLISH A NEW CHAPTER ON JOINT USE DEVELOPMENT

Aloha Chair Lee, Vice Chair Sugimura and other members of the Council,

The Grassroot Institute of Hawaii supports Resolution 25-222, which would refer to the county planning commissions a draft bill to allow joint development agreements.

This measure would give property owners greater flexibility in building new projects and has the potential to increase Maui’s housing supply.

Honolulu already allows joint development agreements, in which the owners of two adjoining lots can agree to develop their lots as if they were one parcel. This proposed legislation is almost a word-for-word copy of the Honolulu ordinance, as it includes filing requirements for JDAs and lets the county enforce the rules of the agreement.[1]

In Honolulu, homebuilders frequently use JDAs to maximize the efficiency of their projects. A 2020 JDA allowed for the construction of the Hale Makana O Mo’ili’ili affordable senior housing project.[2] The project sits on two lots, where a lowrise apartment and a single-family home had been prior.[3]

Since both lots were zoned for apartment use, the JDA allowed the project to ignore the parcel boundaries and build a structure that would have otherwise been impossible to construct on the individual lots.

In many cases, JDAs simply make mundane improvements easier to construct. For example, in 2020 the Hawaii Korean Cultural Center in Honolulu obtained a JDA to build a retaining wall across the boundary of two adjoining parcels it owns that make up the center and part of its parking lot.[4]

Nearly 60 JDAs were approved in Honolulu between 2020 and July 2025.

These agreements could assist Maui homebuilders. For example, a homebuilder who obtained rights to one apartment-zoned lot could partner with the owner of an adjoining apartment-zoned lot to construct a single building that maximizes the footprint and topography of the lots.

Ultimately, joint development agreements are just another tool that could help builders navigate complicated land-use rules and the geographic features.

Thank you for the opportunity to testify.

Jonathan Helton
Policy Analyst
Grassroot Institute of Hawaii
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[1] § 21-5.90-2 Joint development of two or more adjacent zoning lots., Revised Ordinances of Honolulu, accessed Dec. 3, 2025.
[2] 2020/CUP-42, Honolulu Department of Planning and Permitting, accessed Dec. 3, 2025.
[3]Hale Makana O Mo’ili’ili,” Moss and Associates LLC, accessed Dec. 3, 2025.
[4] 2020/CUP-12, Honolulu Department of Planning and Permitting, accessed Dec. 3, 2025.

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