Loading...
HomeMy WebLinkAboutMIN LAAC 2026/02/03 (2024-2026) DRAFT Committee on Legislative Approvals and Acquisitions 19th Session Hawaii County Building 25 Aupuni Street Hilo, Hawaii February 3, 2026 CALL TO The regular meeting of the Committee on Legislative Approvals and Acquisitions ORDER: was called to order at 10:30 a.m., in the Council Chambers, Hilo, by Ms. Heather L. Kimball, Chair. ROLL CALL: Present: Ms. Heather L. Kimball, Chair Mr. Dennis "Fresh" Onishi, Vice Chair Mr. James E. Hustace, Member Ms. Michelle M. Galimba, Member Mr. Holeka Goro Inaba,Member Ms. Jenn Kagiwada, Member Ms. Ashley L. Kierkiewicz, Member Ms. Rebecca Villegas, Member Absent& Excused: Mr. Matt I aneali`i-Kleinfelder, Member STATEMENTS The Chair directed the Committee to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: (There were none.) BILLS FOR The Chair directed the Committee to proceed to the next order of business, ORDINANCES: Bills for Ordinances. Bill 122: AMENDS THE STATE LAND USE DISTRICT BOUNDARIES MAP WITHIN THE COUNTY BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL DISTRICT TO THE RURAL DISTRICT AT WAIMEA, SOUTH KOHALA, HAWAI`I, COVERED BY TAX MAP KEY: 6-2-009:018 CHR. KIMBALL: Thank you, Mr. Clerk, can I have two motions please to approve Bill's 122 and 123 and send them to Council with a favorable recommendation. Motion to Approve: Mr. Hustace moved to recommend passage of Bill 122 on first reading. Seconded by Ms. Galimba. LAAC-19 February 3,2026 and Bill 123: AMENDS SECTION 25-8-7 (NORTH & SOUTH KOHALA DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAI`I COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—5 ACRES (A-5a) TO RESIDENTIAL AGRICULTURAL—2.5 ACRES (RA-2.5a) AT WAIMEA, SOUTH KOHALA, HAWAI`I, COVERED BY TAX MAP KEY: 6-2-009:018 (Applicant: Joseph Ga lg lone) (Area: 6.063 Acres) The Leeward Planning Commission forwards its favorable recommendation for this amendment to the State Land Use Boundaries Map for the requested change of zone, which would allow the applicant to subdivide his property into two lots. The property is located at 62-2239 Kanehoa Place. Reference: Comm. 696 Intr. by: Council Member Kimball (B/R) and Comm. 696.1: From Planning Director Jeffrey W. Darrow, dated January 6, 2026, transmitting PowerPoint presentations for Bills 122 and 13. Motion to Approve: Mr. Hustace moved to recommend passage of Bill 123 on first reading. Seconded by Ms. Galimba. CHR. KIMBALL: With that III invite Director Darrow to come and present on this particular item. (Note: At this time, Planning Director Jeffrey W. Darrow came forward and provided a PowerPoint presentation to the members of the Committee. For viewing of the subject presentation, see the DVD copy of the meeting proceedings on file in the Clerk's Office, or online at hLtp://hawaiicounly.gov.granicus.com. A copy of the PowerPoint presentation,is made a part of the record, see Comm. 696.1.) MR. DARROW: That concludes our presentation. If you have any questions, I'm free to answer. CHR. KIMBALL: My apologies, we have a slight procedural question here that we're dealing with. While we continue to have that discussion, I'd like to ask the applicant's representative or the applicant. I'm not too sure if they're available online, if they'd like to add anything to this discussion before we proceed. (Note: At this time, Planning Consultant John Pipan came forward to address the members of the Committee.) Page 2 LAAC-19 February 3,2026 MR. PIPAN: Good morning, the applicant is on his way. They apologize; they are stuck in traffic. They should be here any minute, though. I'm John Pipan, the applicant's representative, here today. I can say a few brief words on the application and take questions. Since around 1985, when this subdivision was established as five-acre lots, about 30 of them, one after the other, have gone through the same process, reflecting an increase in density to two-acre minimum lot size. Mostly,,that's been constrained by the availability of County water. That's a requirement for a rezone. So, Mr. Gaglione does have two installed County water meters sufficient to serve the proposed two lots. We're requesting minimum lot size of two-and-a-half acres. That would permit for only two lots. With that, I'm happy to answer any questions. CHR. KIMBALL: Alright, thank'you very much,Mr. Pipan. Before we proceed, I've been advised by the Clerk to actually have Mr. Hustace withdraw the motion on Bill 123. So, we'll just have one motion;on the table. I apologize. This has been a point of contention actually, because we have two things that inherently have to go together and have to be discussed together. And Bill 123 cannot move favorably without Bill 122 moving favorably. So, it's problematic because we cannot deal with two motions on the floor at a time, yet these two items are inextricably linked. The ideal solution just for the Planning Department is moving forward; these two items actually be contained in a single bill. I know,that's n6t historically how,you've done things. But when we have two items that are dependent on each other, it would actually be better so that we can discuss both of them at the same time, if they were contained within a single item, so we'd have'a single motion. So, Mr. Hustace, would you please withdraw your motion;on Bill 123? Withdraw Motion: Mr,.-<Hustace withdrew Bill 123 from the floor. CHR. KIMBALL: Thank you very much. Alright, so, we are now back to the single motion of the approval of Bill 122. I'll open up the floor for discussion. Mr. Hustace, this is your district. I don't know if you want to start off with anything. MR. HUSTACE: Thanks Chair. No comment at this time. I don't know if Mr. Gaglione wanted to share a few words about the property as well. We can give him an opportunity while he's here. Page 3 LAAC-19 February 3,2026 CHR. KIMBALL: If you'd like to share anything, the Planning Director and your representative have already gone over the project a little bit with us. But you're welcome to share anything. Please introduce yourself for the record before you do. (Note: At this time, applicant Joseph Gaglione came forward to address the members of the Committee.) MR. GAGLIONE: Joe Gaglione. My mom and uncle got the property next door, I think in 1984, and then this property was going ter get bought up by like a group from the "Grateful Dead." So, I think they and a couple of other family members got together and bought it. And I've just been taking care of it,putting sheep on it once-a-year. But the lot is Ag exemption, so L,have to figure out a way to keep it in the family and make it and be able to pay the property taxes. So, I'm going to try to build something, either for my kids or to rent out. CHR. KIMBALL: Mr..Hustace? MR. HUSTACE: No further discussion. Thank you. CHR. KIMBALL: Okay, thank you. Council Member Kagiwada. MS. KAGIWADA: Just, Planning Director, I know we've gone over this before. But why do we need to change this to a Rural designation? Why can't it not just be subdivided in Ag into two parcels? (Note At this time,,Planning Director Jeffrey W. Darrow came forward to address the members of the Committee.) MR. DARROW: Thank you for the question, Council Member Kagiwada. You could, I mean that's an option available. This particular area has been in transition, as mentioned, for decades to a Rural type zoning or designation. The Land Use Pattern Allocation Guide Map (LUPAG) identifies it towards Rural type uses and zoning. So, to be consistent, one of our main criteria for zoning and for State Land Uses, to be consistent with the General Plan. The other thing that it does is it takes it out of needing to be under the State Land Use Agricultural requirements for farm dwellings. This particular area is not the best soil; it's dry, so going into a Rural designation is more appropriate for this particular area. MS. KAGIWADA: Thank you. So,just to clarify, the most appropriate way to go and make sense. But it's actually not required in order to subdivide or to make it two separate lots. Page 4 LAAC-19 February 3,2026 MR. DARROW: I think what would happen is, if somebody came in for that particular zoning, we would have a hard time just to find its consistency with the General Plan. MS. KAGIWADA: I see. If it were Ag, you wouldn't want it to be smaller than the five acres. MR. DARROW: Correct. MS. KAGIWADA: Okay, got it. Alright, thank you,that's all I had. Thanks. CHR. KIMBALL: Thank you, Council Member Kagiwada. Anyone else? Alright. Thank you, Director. Thank you; Mr. Pipan. Thank you—okay, say your last name, because we're all getting it wrong. MR. GAGLIONE: However you guys say it, its fine. CHR. KIMBALL: Wow, okay. We're saying it Gaglione, MR. GAGLIONE: Make the"g" silent like lasagna. CHR. KIMBALL: Okay,,silent"g" like lasagna. Alright, we've got it. All those in favor of forwarding Bill 122 to Council with a favorable recommendation, please say, "aye." Any opposed` Vote on Bill 122: The motion to recommend passage of Bill 122 on first reading (Approved) was carried by the following voice vote: Ayes: Committee Members Galimba, Hustace, Inaba, Kagiwada, Kierkiewicz, Onishi, Villegas, and Chair Kimball —8. Noes: None. Absent: Committee Members Kaneali`i-Kleinfelder— 1. Excused: None. CHR. KIMBALL: If we can then have the motion for Bill 123. Motion to Approve: Mr. Hustace moved to recommend passage of Bill 123 on first reading. Seconded by Ms. Galimba. Page 5 LAAC-19 February 3,2026 CHR. KIMBALL: Any further discussion on Bill 123? Seeing none, all those in favor of forwarding Bill 123 to Council with a favorable recommendation,please say, "aye." Any opposed? Vote on Bill 123: The motion to recommend passage of Bill 123 on first reading (Approved) was carried by the following voice vote: Ayes: Committee Members Galimba, Hustace, Inaba, Kagiwada, Kierkiewicz, Onishi,Villegas, and Chair Kimball —8. Noes: None. Absent: Committee Members Kan6ali`i-Kleinfelder— 1. Excused: None. CHR. KIMBALL: With that, we are at the end of our agenda, and,we are adjourned. Thank you, all. ADJOURN- There being no further business, Chair Kimball adjourned the meeting MENT: at 10:46 a.m. Approved: Ms. Heather L. Kimball, Chair (Date) Legislative Approvals and Acquisitions Committee HK/dt Page 6