HomeMy WebLinkAboutPD Recommendation Report Joseph Gaglione ( PL-REZ-2025-076)-1-
RGaglioneREZ.DH.10.3.25
COUNTY OF HAWAI‘I PLANNING DEPARTMENT
RECOMMENDATION
JOSEPH GAGLIONE
CHANGE OF ZONE APPLICATION (PL-REZ-2025-000076)
Upon careful review of the request against the guidelines for granting a change of zone,
the Planning Director is recommending that a favorable recommendation of the Change of
Zone request be forwarded to the County Council. Since this recommendation is made
without the benefit of public testimony, the Planning Director reserves the right to modify and/or
alter this recommendation based upon additional information presented at the public hearing.
This favorable recommendation is based on the following findings:
The applicant is requesting a Change of Zone from an Agricultural-5-acre (A-5a)
parcel to a Residential and Agricultural-2.5 acre (RA-2.5a) parcel for 6.063 acres of land
in order to subdivide the property into two lots approximately 3.563-acres and 2.500-
acres in size.
In order to consider an area for any type of zoning designation, the applicable
goals, policies, and standards of the General Plan must be adequately addressed. It is only
through such a comprehensive policy analysis approach that evaluations and decisions
can be made to better time and stage developments to achieve growth determined by the
General Plan and related planning documents. The implications of these evaluations and
decisions must also be considered as they may have an impact on similar areas in the
County.
The Change of Zone Application from an Agricultural-5 acre (A-5a) to
Residential and Agricultural-2.5 acre (RA-2.5a) zoned district will conform to the
following goals, policies and standards of the General Plan. The General Plan is
intended to be used as a policy guide for the coordinated growth and development of all
sectors of the County. It sets forth goals, policies, standards, and courses of action to
accommodate growth without congestion, to designate and preserve the lands needed for
residential use, commercial and visitor services, industry, agriculture, and open space,
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and to coordinate these uses with the County's service and circulation systems. The
overall goals, policies and standards are set forth to physically plan the lands in the
County in the interests of the island's residents. Land use is one of the principal focal
points of public concern and policy. The Land Use Element provides the primary basis
for direct control and guidance of publicly and privately owned resources.
The Land Use Pattern Allocation Guide (LUPAG) Map component of the General
Plan is a representation of the document's goals and policies to guide the coordinated
growth and development of the County. It reflects a graphic depiction of the physical
relationship among the various land uses. The LUPAG Map establishes the basic urban
and non-urban form for areas within the County. The property’s Rural designation
includes existing subdivisions in the State Land Use Agricultural and Rural districts that
have a significant residential component. Typical lot sizes vary from nine thousand
(9,000) square feet to two (2) acres. These subdivisions may contain small farms, wooded
areas, and open fields as well as residences. Allowable uses within these areas, with
appropriate zoning, may include commercial facilities that serve the residential and
agricultural uses in the area, and community and public facilities. The applicant’s request
for a Residential and Agricultural-2.5 acre (RA-2.5a) zoning district conforms to the
Rural designation in that the proposed approximate 6.063-acre lot size is consistent with
the lot sizes typically found in the rural areas, and the surrounding properties consist of
residential and small farm lots.
The property is not considered important agricultural land as it is considered
Unclassified on the Agricultural Lands of Importance to the State of Hawaiʻi (ALISH)
Map. It is also classified as very poor by the Land Study Bureau, which determines
productivity ratings of agricultural lands.
The 6.063-acre subject property is roughly rectangular in shape and is
unimproved. There is an agricultural shed on the subject property as well as an
unpermitted, tiny house of wheels which the applicant intends to remove. The property is
in the Kānehoa Estates Subdivision and borders Kanehoa Place, which is privately
maintained, and Kawaihae Road to the north. The property has a gentle and gradual slope
in the north-to-south direction and there are no topographical constraints that affect the
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subject property. On April 29, 1985, the subject property was part of Kānehoa Estates
Subdivision, which established thirty (30) lots at least 5 acres in size each.
The surrounding lands are located within the State’s Agricultural (A) and Rural
(R) Districts, and the County’s Residential and Agricultural (A-20a, A-5a, RA-2a) zoned
districts. The parcel immediately to the north, across Kanehoa Place is zoned Residential
and Agricultural-2 acre (RA-2a). The parcel to the south adjacent to the property is zoned
Agricultural-5-acre (A-5a) as well as the parcels to the east and west. According to the
applicant, over the past couple of decades, individual lots within this subdivision have
witnessed State Land Use Boundary Amendments and Change of Zone requests identical
to that requested by the applicant, resulting in subdivisions of these original lots into
smaller, 2-acre parcels. These amendments have occurred to the properties immediately
to the north of the subject property. The proposed change of zone would complement the
existing and predominately rural residential land uses in the surrounding area and is
consistent with the General Plan designation for the area.
While the County has adopted an accessory dwelling units (ADUs) ordinance
under Bill No. 123, which permits the construction of ADUs within the Residential and
Agricultural (RA) zoning district, this allowance applies only to properties located within
the State Land Use Urban District. At this time, based on the Planning Department’s
interpretation of State statute, the development of ADUs is not permitted within the SLU
Rural District. Pursuant to HRS §46-4.8, Accessory dwelling units on residentially zoned
lots, subsection (b) provides that “...each county shall adopt or amend ordinances
defining reasonable standards that allow for the construction of at least two accessory
dwelling units, or the reasonable equivalent, for residential use on all residentially zoned
lots.” However, subsection (i)(1) clarifies that “this section shall not apply to any area
outside of the urban district established by Chapter 205.” Moreover, subsection (k)
indicates that, ““Residentially zoned lot” does not include a lot in a county zoning district
that is intended for rural, low density residential development, and open space
preservation.” As the rezone area’s RA-2.5a zoning is intended for rural, low density
residential development, ADUs are not permitted within the rezone area, which lies in the
State Land Use Rural District.
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Despite this limitation, under HRS §205-2(c),“Rural districts shall include
activities or uses characterized by low-density residential lots of not more than one
dwelling house per one-half acre, except as provided by county ordinance pursuant to
section 46-4(c), in areas where ‘city-like’ concentrations of people, structures, streets,
and urban levels of services are absent.”
However, HRS §46-4(c) authorizes that, “Each county may adopt reasonable
standards to allow the construction of two single-family dwelling units on any lot where a
residential dwelling unit is permitted.” Finally, these second dwellings would not be
required to be developed or classified as an accessory dwelling unit (ADU) as defined by
the zoning code.
Considering these statutory provisions and the State and County’s legislative
intent to promote the development of additional housing units, the Planning Director is
inclined to permit the development of one (1) additional single-family dwelling on each
of the proposed lots within the rezone area, unless or until state law authorizes the
development of accessory dwelling units (ADUs) in the State Land Use (SLU) Rural
District.
While the Planning Director supports allowing the construction of one additional
single-family dwelling on each of the proposed lots, he recommends revising the standard
fair share condition to address potential impacts on regional infrastructure (roads,
wastewater systems, police and fire protection, and public parks) related to the
development.
All utilities and services are available to the site. Access to the subject property
is from the southeast terminus of Kanehoa Place, a privately owned and maintained
roadway with a fifty (50) foot right-of-way with twenty (20) feet of asphalt paving. Both
proposed lots will have direct access from Kanehoa Place.
In the original application, the applicant sought a rezone to the Residential
Agricultural 2-acre (RA-2a) zoning district, which the Department of Water Supply
(DWS) opposed due to the potential for the 6.063-acre parcel to be further subdivided
into three (3) separate lots. As this is a new change of zone, §25-2-46(m) of the zoning
code related to concurrency applies and it requires that a zoning amendment application
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shall not be granted unless the department of water supply has determined that it can
meet the water requirements of the project and issue water commitments using its
existing system. The DWS has indicated that the subject property is currently served by
two 5/8-inch water meters, and each meter is adequate to serve only one dwelling, based
on an average daily usage of 400 gallons. DWS further noted that the existing water
system facilities cannot accommodate serving more than two dwellings without extensive
improvements to its system. Based on this limitation in County water, the applicant
subsequently amended the request to a Residential Agricultural 2.5-acre (RA-2.5a)
zoning designation to address DWS’s concerns by eliminating the potential for a three-lot
subdivision.
The proposed lots will continue to utilize their own individual wastewater septic
systems that were previously approved by the State Department of Health (DOH). Solid
waste will be disposed of at the Waimea transfer station.
The subject property is in area designated as Zone X, which is an area determined
by the Federal Emergency Management Agency (FEMA) to be outside the 500-year
flood plain. All earthwork activity, including grading and grubbing, shall conform to
Chapter 10, Erosion and Sedimentation Control, of the Hawaiʻi County Code.
Police, fire, and emergency services are available nearby in Waimea,
approximately six (6) miles east of the site.
The request is not contrary to Chapter 205A, Hawaiʻi Revised Statutes,
relating to Coastal Zone Management Area. The subject property is located over five
miles from the nearest shoreline, is not situated within the Special Management Area and
will not be impacted by coastal hazards and beach erosion. There are no identified
recreational resources or public access to the shoreline or mountain areas, scenic and
open space preserves, coastal ecosystems, marine resources, or historic resources in the
area. Thus, the proposed request and use of the property will not adversely impact those
resources.
The request will not have a significant adverse impact to traditional and
customary Hawaiian Rights. In view of the Hawaiʻi State Supreme Court’s “PASH”
and “Ka Paʻakai O KaʻAina” decisions, the issue relative to native Hawaiian gathering
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and fishing rights must be addressed in terms of the cultural, historical, and natural
resources and the associated traditional and customary practices of the site:
▪ Investigation of valued resources: No formal archaeological reconnaissance
survey, oral history of kamaʻaina accounts of the area, historical survey of
documentary records, or botanical study was included in the application.
▪ The valued cultural, historical, and natural resources found in the rezoning area:
The area now supports mostly non-native plant species such as buffel and
fountain grasses and haole koa. Located in a rural setting surrounded by single-
family homes, the site is not expected to contain rare or endangered plant or
animal species, nor suitable habitat for them. However, the Hawaiian Hawk (ʻIo)
and Hawaiian Owl (Pueo) may occasionally be observed in the vicinity.
▪ Possible adverse effect or impairment of valued resources: Based on the
preceding, it is unlikely that there will be any adverse effect or impairment of
valued resources.
▪ Feasible actions to protect native Hawaiian rights: There are no known native
Hawaiian practices and/or valued resources found on the property. Thus, to the
extent to which traditional and customary native Hawaiian rights are exercised,
the proposed action will not affect traditional Hawaiian rights; therefore, no action
is necessary to protect these rights.
Based on the above findings, approval of this change of zone request from an
Agricultural-5 acre (A-5a) to a Residential and Agricultural-2.5 acre (RA-2.5a) zoned
district would result in an appropriate land use pattern that will further benefit the general
public.
The accompanying draft bill to amend Section 25-8-7 (North and South Kohala Zone
Map), Article 8, Chapter 25 (Zoning Code) of the Hawai‘i County Code 1983 (2016 Edition, as
Amended), is provided for your favorable consideration. Please note the proposed conditions of
approval attached to the draft bill.
COUNTY OF HAWAI‘I
STATE OF HAWAI‘I
BILL NO.
(Planning Department)
ORDINANCE NO.
AN ORDINANCE AMENDING 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 NO. 6-2-009:018.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I:
SECTION 1. Section 25-8-7, Article 8, Chapter 25 (Zoning Code) of the Hawai‘i
County Code 1983 (2016 Edition, as amended) is amended to change the district classification of
property described hereinafter as follows:
The district classification of the following area situated at Waimea, South Kohala,
Hawai‘i, shall be Residential Agricultural – 2.5 acres (RA-2.5a):
Beginning at the Northwesterly corner of Lot 18, being also the Southwesterly
corner Lot 17-A-1 and a point on the Easterly end of Kanehoa Place, the coordinates of
said point of beginning referred to Government Survey Triangulation Station “PUU PA”
being 11,332.73 feet North and 12,579.32 feet West and running by azimuths measured
clockwise from True South:
1. 274° 01ʹ 40ʺ 301.57 feet along Lot 17-A-1 and Lot 17-A-
2 of Nakahara at Kanehoa
Subdivision 2 and Lot 15-A of
Kanehoa Subdivision and along the
remainder of Royal Patent 2237,
Land Commission Award 8518-B,
Apana 1 to James Young Kanehoa to
a point; thence
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2. 9° 52ʹ 00ʺ 839.65 feet along Lot 16 of Kanehoa
Subdivision (File Plan 1845) and
along the remainder of Royal Patent
2237, Land Commission Award
8518-B, Apana 1 to James Young
Kanehoa to a point; thence
3. Along Government (Crown) Land, Pasture Lease (Copy of Survey Furnished map
22,094) and following along the
middle of Keanuiomano Stream in
all its meanderings, the direct
azimuth and distance being:
4. 79° 28ʹ 18ʺ 320.07 feet to a point; thence
5. 189° 52ʹ 00ʺ 920.51 feet along Lot 20 of Kanehoa
Subdivision (File Plan 1845) to the
point of beginning; and containing
an area of 6.063 acres, more or less.
All as shown on the map attached hereto, marked Exhibit “A” and by reference
made a part hereof.
SECTION 2. In accordance with Chapter 25, Article 2, Section 25-2-44, of the Hawai‘i
County Code 1983 (2016 Edition, as amended), the County Council finds that the following
conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
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SEE ATTACHED CONDITIONS
SECTION 3. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
_______________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
_______________, Hawai‘i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
CGaglione.dh.11.10.25
JOSEPH GAGLIONE
CHANGE OF ZONE APPLICATION (PL-REZ-2025-000076)
CONDITIONS OF APPROVAL
A. The applicant, successors or assigns (“Applicant”) shall be responsible for
complying with all of the stated conditions of approval all applicable County,
State, and Federal Laws, codes, rules, regulations, and requirements.
B. The Applicant shall be responsible for complying with all requirements of
Chapter 205, Hawaiʻi Revised Statutes, relating to permissible uses within the
State Land Use Rural District.
C. Final Subdivision Approval shall be secured within five (5) years from the
effective date of this ordinance. The time during which required plans, reports,
studies, or relevant permit applications are under review for approvals by
government agencies shall not count towards the deadline established in the
ordinance. To justify this tolling, the Applicant shall provide evidence of the
excluded time period to the planning department for its review and approval,
which shall consist of dates obtained from a government agency website,
permitting program, or office indicating when the required plans, reports, studies,
or permit applications were submitted, approved, denied, or returned by the
government agency.
D. The construction of no more than one (1) additional single-family dwelling shall
be allowed on each lot covered by this amended ordinance unless or until State
Law allows the development of Accessory Dwelling Units (ADU’s) in the State
Land Use Rural district.
E. The applicant, successors, or assigns are responsible for maintaining valid water
commitments to support the proposed use until such time that required water
facilities charges are paid in full.
F. All development-generated runoff shall be disposed of on site and shall not be
directed toward any adjacent properties. A drainage study shall be prepared by a
licensed civil engineer and submitted to the Department of Public Works. Any
recommended drainage improvements, if required, shall be constructed meeting
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with the approval of the Department of Public Works prior to issuance of Final
Subdivision Approval.
G. The Applicant shall comply with the Department of Health’s Hawaiʻi
Administrative Rules (HAR) Chapter 11-55, regarding Water Pollution Control,
which requires an NPDES permit for certain construction activities.
H. All earthwork and grading activity shall conform to the Hawai‘i County Code
Chapter 10, Erosion and Sedimentation Control.
I. All development shall comply with Chapter 27, Flood Control, of the Hawai‘i
County Code.
J. Individual wastewater system(s), meeting with the approval of the Department of
Health, shall be provided by each respective landowner in conjunction with the
construction of a dwelling.
K. In the event that surface or subsurface historic resources, including human
skeletal remains, structural remains (e.g. rock walls, terraces, platforms, etc.),
cultural deposits, marine shell concentrations, sand deposits, or sink holes are
identified during the demolition and/or construction work, the Applicant shall
cease work in the immediate vicinity of the find, protect the find from additional
disturbance and contact the Department of Land and Natural Resources-State
Historic Preservation Division (DLNR-SHPD) at (808) 933-7651. Subsequent
work shall proceed upon an archaeological clearance from DLNR-SHPD when it
finds that sufficient mitigation measures have been taken.
L. The Applicant shall make its fair share contribution to mitigate the potential
regional impacts of the development with respect to parks and recreation, fire,
police, solid waste disposal facilities and roads. The fair share contribution shall
become due and payable prior to receipt of Final Subdivision Approval for any
additional lots created and prior to issuance of a Building Permit for any
additional dwelling unit. The fair share contribution for each newly created lot
and additional dwelling unit shall be based on the actual number of residential lots
and additional dwelling units developed. The fair share contribution in the form of
cash, land, facilities or any combination thereof shall be determined by the
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County Council. The fair share contribution may be adjusted annually beginning
three years after the effective date of this ordinance, based on the percentage
change in the Honolulu Consumer Price Index (HCPI). The fair share contribution
shall have a combined value of $17,921.82 per single family residential lot/unit.
The total amount shall be determined by the actual number of newly created lots
and additional dwelling units according to the calculation and payment provisions
set forth in this condition. The fair share contribution per single family residential
lot/ unit shall be allocated as follows:
1. $8,642.22 per single family residential lot/unit to the County to support
park and recreational improvements and facilities;
2. $416.90 per single family residential lot/unit to the County to support
police facilities;
3. $823.43 per single family residential lot/unit to the County to support fire
facilities;
4. $360.51 per single family residential lot/unit to the County to support solid
waste facilities; and
5. $7,678.76 per single family residential lot/unit to the County to support
road and traffic improvements.
In lieu of paying the fair share contribution, the applicant may contribute land
and/or construct improvements/facilities related to parks and recreation, fire,
police, solid waste disposal facilities and roads within the region impacted by the
proposed development, subject to the review and recommendation of the Planning
Director, upon consultation with the appropriate agencies and approval of the
County Council pursuant to Section 2-162.1(a) of Hawai‘i County Code.
M. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria
for imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
N. The Applicant shall comply with all applicable County, State and Federal codes,
laws, rules, regulations, and requirements for the proposed development.
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O. An initial extension of time for the performance of conditions within this
ordinance may be requested in accordance with Section 25-2-44, subsections (c)
and (d), of the Hawaiʻi County Code.
P. If the applicant fails to fulfill any conditions of the zone change within the
specified time limitations, the Planning Director or County Council may initiate
the process for enactment of an ordinance reverting the affected property back to
its original zoning designation or a more appropriate zoning designation in
accordance with Section 25-2-43 of the Hawaiʻi County Code.
A-40a
RA-2a
AMENDMENT TO THE ZONING CODE
AMENDING 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 ZONE MAP CLASSIFICATION FROM
AGRICULTURAL - 5 ACRES (A-5a) TO
RESIDENTIAL AGRICULTURAL - 2.5 ACRES (RA-2.5a)
AT WAIMEA, SOUTH KOHALA, HAWAI'I
TMK: (3) 6-2-009:018 DATE: November 3, 2025
Joseph Gaglione
MAP PREPARED BY:
COUNTY OF HAWAIʻI, PLANNING DEPARTMENT
EXHIBIT "A"
0 500 1,000
Feet
11,332.73' N
12,579.32' W
¹A-3a
KA
N
E
H
O
A
S
T
AGRICULTURAL -
5 ACRES (A-5a)
TO
RESIDENTIAL-AGRICULTURAL -
2.5 ACRES (RA-2.5a)
REZONE AREA:
6.063 ACRES
KANEHOA PLACE
OU
L
I
S
T
KAWAIHAE ROAD
RA-2a
RA
-
2
a
A-5a
A-5a
A-5a
A-5a
A-5a
RA-2a
RA-2a
RA-2a
RA-2.5a
A-5a
RA-2a
A-5a
A-5a
A-5a
RA-2a
RA-2a
RA-2a
RA-2a
RA-2a
RA-2a
RA-2a
RA-2a RA-2a
RA-2a
A-5a A-5a