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Home My WebLink AboutPD Background Report Joseph Gaglione (PL-SLU-2025-013 & PL-REZ-2025-076)-1- BGaglione SLUREZ.DH.10.3.2025 COUNTY OF HAWAI‘I PLANNING DEPARTMENT BACKGROUND REPORT JOSEPH GAGLIONE STATE LAND USE BOUNDARY AMENDMENT APPLICATION (PL-SLU-2025-000013) CHANGE OF ZONE APPLICATION (PL-REZ-2025-000076) JOSEPH GAGLIONE has submitted applications for a State Land Use District Boundary Amendment from an Agricultural to a Rural district and a Change of Zone from an Agricultural- 5-acre (A-5a) to a Residential and Agricultural-2.5-acre (RA-2.5a) zoning district for 6.063 acres of land. The subject property is located on Kanehoa Place approximately one mile southeast of its intersection with Kawaihae Road in the Kanehoa Subdivision, Waimea, South Kohala, Hawai‘i, TMK: (3) 6-2-009:018. PROPOSED ACTION 1. Applicant’s Request: The applicant is requesting a State Land Use Boundary Amendment from Agricultural to Rural and a Change of Zone from A-5a to RA-2.5a to subdivide the property into two lots approximately 3.563-acres and 2.500-acres in size. According to State Law, the State Land Use Rural district is characterized by low density residential lots of not more than one dwelling per one-half acre, in areas where “city-like” concentrations of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots. A list of the variety of permitted land uses in the Rural district is shown in Hawai‘i Revised Statutes, Section 205-2(c). (Planning Department Exhibit 1 – State Land Use Rural District, HRS 205-2(c)) Similarly, according to the Zoning Code, the purpose of the Residential and Agricultural (RA) zoning district is to provide for activities or uses characterized by low density residential lots in rural areas where “city-like” concentrations of people, structures, streets, and urban level of services are absent, and where small farms are intermixed with low density residential lots. Requirements for establishing a land use in the RA zoning district, including a list of the variety of permitted land uses, are shown in §25-5-50 to 57 of the Zoning Code. (Planning Department Exhibit 2 - Zoning Code Requirements for Residential and Agricultural District) -2- 2. Purpose for the Requests: According to the applicant, the primary purpose for the request is to address estate planning purposes. The applicant intends to build a single- family residence on each lot. 3. Landowner: Joseph Gaglione. 4. Supporting Information: The applicant has submitted the following in support of their request. (Planning Department Exhibit 3- Letter dated September 25, 2025 with revised site plan; Planning Department Exhibit 4- Letter dated August 27, 2025 requesting to change zoning to RA-2.5a; Planning Department Exhibit 5- State Land Use Boundary Amendment and Change of Zone Application submitted on March 3, 2025) STATE AND COUNTY PLANS 5. State Land Use Designation: Agricultural (A). 6. County Zoning: Agricultural-5 acre (A-5a). 7. General Plan LUPAG Map: The General Plan Use Pattern Allocation Guide (LUPAG) map classifies the subject property and the area encompassing the Kanehoa and the adjoining Anekoa Subdivisions as Rural (rur). This category 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 with these areas, with appropriate zoning, may include commercial facilities that serve the residential and agricultural uses in the area, and community and public facilities. 8. Coastal Zone Management, HRS, Chapter 205A: The entire State of Hawai‘i lies within the Coastal Zone Management Area. 9. Special Management Area (SMA): The Special Management Area is a part of the Coastal Zone Management Program and is regulated by the County. The subject property is not situated within the SMA and is located close to five (5) miles from the nearest SMA boundary defined by the Queen Kaʻahumanu Highway and about five (5) miles from the nearest shoreline. 10. South Kohala Community Development Plan (SKCDP): The SKCDP was adopted by Ordinance No. 08 159 on December 1, 2008. The subject property is located along -3- Kawaihae Road between the Kawaihae and Waimea communities within an existing subdivision which is not depicted on any of the Conceptual Plans (Waimea, Waikoloa, Kawaihae, or Puakō) in the South Kohala Community Development Plan. DESCRIPTION OF PROPERTY AND SURROUNDING AREA 11. Subject Property: The subject property is roughly rectangular in shape and is currently improved with an agricultural shed which will remain on the property and an unpermitted tiny home on wheels in the northern portion of the property which the applicant intends to remove from the property by April 2025. The subject property is situated at the 1,700 to 1,800-foot elevation level. The property has a gentle and gradual slope in the north-to- south direction with the highest point being at the northern end of the subject property. There are two easements on the subject property, the first Easement 11 is for roadway purposes. The second, Easement 8 is for flowage of the Keanuiomano Stream which runs along the southern boundary of the property. On April 29, 1985, the subject property was created as part of the Kānehoa Estates Subdivision, which established thirty (30) lots at least 5 acres in size each. 12. Surrounding Zoning/Land Uses: The surrounding lands are located within the State’s Agricultural (A) and Rural (R) Districts, and the County’s Residential and Agricultural (A-5a and RA-2a) zoned districts. The surrounding properties are used for residential purposes with one having agricultural activity on the parcel. Several parcels to the north and northeast, are zoned Residential and Agricultural-2 acre (RA-2a). The parcels to the east and west of the subject parcel are zoned Agricultural-5 acre (A-5a). The 8,000+-acre parcel to the south across the stream is zoned Agricultural-5 acre (A-5a) and owned by the State. 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 Zones 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 parcels immediately to the north of the subject property. Pursuant to Ordinance No. 24-87 and Section 25-2-42(c)(4) of HCC, a report on surrounding properties is attached to this document (Planning Department Exhibit 6). 13. Agricultural Lands of Importance to the State of Hawaiʻi (ALISH): Unclassified. 14. Land Study Bureau’s Detailed Land Classification System: The soil condition within -4- the subject property is classified as Class E soil, which is considered very poor for agricultural productivity. 15. U.S.D.A. Soil Survey: The Pu‘u Pa is extremely stony with very fine sandy loam, and with 6 to 20 percent slopes (PVD). Permeability is moderately rapid, runoff is medium, and the erosion hazard is moderate. 16. FEMA FIRM Map: The subject parcel is in an area designated as Zone X on the Flood Insurance Rate Map (FIRM) by the Federal Emergency Management Agency (FEMA). Zone "X" is an area determined to be outside the 500-year floodplain. 17. Flora/Fauna Resources: According to the applicant, no professional flora or fauna surveys were conducted for the subject property. The Department of Land and Natural Resources, Division of Forestry and Wildlife (DOFAW) recommended mitigation measures to protect listed or endangered species, it is unlikely that such species are present at the subject property. 18. Archaeological/Historic/Cultural Resources: No professional archaeological and cultural study was conducted on the property as the subject property has been cleared in the past and used as pasture. According to comments from the State Department of Land and Natural Resources, State Historic Preservation Division (SHPD), the project area has been impacted by residential development, no archaeological inventory survey has been conducted, and no historic properties have been identified previously in the project area. According to the applicant, there are no known customary or Native Hawaiian cultural rights exercised within the subject property. 19. Public Access: There is no known public access to the mountain or shoreline that traverses through the subject property. 20. Traffic: Section 25-2-46 (d)(1) (Concurrency Requirements) of the Zoning Code requires a Traffic Impact Analysis Report (TIAR) as part of any rezoning application in situations where the projected use can generate 50 or more peak hour trips. The property will not add additional traffic to nearby roads, nor does it trigger the requirement for a TIAR. UTILITIES AND SERVICES 21. Access: Access to the subject property is from Kanehoa, a privately owned and maintained roadway with a fifty (50) foot right-of-way with twenty (20) feet of asphalt -5- paving and grass swales. Access to the proposed lot will be by way of an access easement (Easement 11) from Kanehoa Place. 22. Water: 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 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. 23. Wastewater: There is no municipal sewer system servicing the subject area. Any new dwelling constructed on the property would be served by an individual wastewater system in accordance with the requirements of the State Department of Health (DOH). 24. Essential Utilities and Services: According to the applicant, electrical and telephone services are available to the subject property. Public recreational facilities are located either to the east in Waimea, about six (6) miles away, or to the west near Hapuna about seven (7) miles away. Additionally, public and private schools are located in Waimea, about three (3) miles to the east. 25. Public Safety: The nearest police and fire facilities are in Waimea, approximately five (5) miles from the site. AGENCIES’ COMMENTS 26. Department of Water Supply: (Planning Department Exhibit 7 –November 3, 2025, memo). 27. Department of Water Supply: (Planning Department Exhibit 8 –August 21, 2025, -6- memo). 28. Department of Water Supply: (Planning Department Exhibit 9–April 21, 2025, memo). 29. State Department of Land and Natural Resources - Land Division: (Planning Department Exhibit 10- April 21, 2025 letter). 30. State Office of Planning and Sustainable Development: (Planning Department Exhibit 11–April 21, 2025 letter). 31. State Department of Land and Natural Resources - State Historic Preservation Division: (Planning Department Exhibit 12 –April 1, 2025 memo). 32. State Department of Health: (Planning Department Exhibit 13 –March 28, 2025, memo). 33. State Department of Land and Natural Resources Division of Forestry and Wildlife: (Planning Department Exhibit 14- May 20, 2025 letter). AGENCIES - NO RESPONSE 34. Police Department, Fire Department, South Kohala Traffic Safety Committee, Department of Public Works-Engineering Division; Department of Environmental Management; State Land Use Commission. PUBLIC COMMENTS 35. No public comments have been received as of the date of the writing of this report. TMK #Zoning Parcel Size (acres) Can Lot Be Subdivided?# of Lots Rezone Ord #Condition Status- Active/Expired Time Remaining to Perform Condition 660010020000 A-5a 8573.733 Yes 1,714 N/A N/A N/A 620050190000 A-40a 7.843 No N/A N/A N/A N/A 620090090000 RA-2a 4.104 Yes 2 03-071 Complete. Due to parcel size and zoning, this property can be further subdivided. N/A 620090100000 RA-2a 5.588 Yes N/A 99-094 Expired.N/A 620090110000 A-5a 6.105 No N/A N/A N/A N/A 620090120000 A-5a 5.850 No N/A N/A N/A N/A 620090130000 RA-2a 2.858 No N/A 16-018 Complete.N/A 620090140000 A-5a 5.171 No N/A N/A N/A N/A 620090150000 RA-2a 2.935 No N/A 23-002 Complete.N/A 620090160000 A-5a 6.027 No N/A N/A N/A N/A 620090170000 RA-2a 3.361 No N/A 06-109 Complete.N/A 620090190000 A-5a 5.391 No N/A N/A N/A N/A 620090200000 A-5a 5.925 No N/A N/A N/A N/A 620090210000 A-5a 5.956 No N/A N/A N/A N/A 620090220000 RA-2a 2.000 No N/A 01-002 Copmplete.N/A 620090230000 A-5a 5.000 No N/A N/A N/A N/A 620090240000 A-5a 5.000 No N/A N/A N/A N/A 620090250000 RA-2a 2.980 No N/A 98-072 Complete.N/A 620090260000 RA-2a 2.715 No N/A 2005-120 Complete.N/A 620090290000 RA-2a 2.020 No N/A 98-072 Complete.N/A 620090300000 RA-2a 3.821 No N/A 01-002 Complete.N/A 620090320000 RA-2a 2.600 No N/A 2005-120 Complete.N/A 620090330000 RA-2a 2.640 No N/A 06-109 Complete.N/A 620090340000 RA-2a 2.640 No N/A 16-018 Complete.N/A 620090350000 RA-2a 2.913 No N/A 23-002 Complete.N/A