Zoning reversion bill 168 tabled after legal questions; applicant later provides title assurances

Council considered Bill 168, a planning director–initiated reversion of prior zoning changes for a North Kona parcel. Planning director Jeff Darrow told the council he had not seen the council add conditions to a zoning reversion before and that doing so raises legal questions. Deputy corporation counsel Jean Campbell advised that conditions can be attached only where they are rationally related and roughly proportional to the identified impact, citing constitutional standards.

The applicant’s representative, Rong Kim, objected to the proposed affordable-housing condition and warned of takings and equal-treatment issues; counsel noted planning code Chapter 11’s affordable-housing requirements apply to new rezonings that increase residential capacity, which this reversion would not. After questions about title and survey, the council voted to table Bill 168. Later in the meeting the applicant confirmed clear title and metes-and-bounds surveys; the council removed the bill from the table and approved an amendment removing the conditional-section provision at first reading.