HomeMy WebLinkAboutPD Recommendation Report (PL-REZ-2026-000099)1
RVisserREZ – 4.17.2026
COUNTY OF HAWAIʻI PLANNING DEPARTMENT
RECOMMENDATION REPORT
JACQUELINE VISSER, HANALE VISSER AND GILBERT VISSER
CHANGE OF ZONE APPLICATION (PL-REZ-2026-000099)
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 position based upon additional information
presented at the public hearing. This favorable recommendation is based on the following
findings:
The Applicants submitted an application for a change of zone from an
Agricultural-40 acres (A-40a) to a Family Agricultural-1 acre (FA-1a) zoning district
for 2.397 acres of land in to create a two (2)-lot subdivision, with each lot consisting
of a minimum of one (1) acre each, allowing two family members to construct a
single-family farm dwelling on their respective lots.
According to the applicant, a subdivision application would be filed
immediately after the granting of the change of zone. The applicant anticipates
having the property subdivided by 2026 and cost of the project will be minimal.
The change of zone request from an Agricultural-40 acre zoning
district to a Family Agricultural-1 acre zoning district conforms to applicable
goals, policies, and standards of the General Plan. 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 decision must also be considered as they may have an impact on
similar areas in the County.
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The FA (Family Agricultural) district provides for a blend of small-scale
agricultural operations associated with residential activities, characterized by farm
estates, small acreage farms, or subsistence lots. The FA district is intended for
areas designated within the State land use agricultural district, where public
services and infrastructure support the very low-density residential needs of a rural
community. It is particularly suitable for areas where a substantial number of
parcels are less than five acres in size and where a mix of uses will not conflict
with or be detrimental to existing agricultural activities in the surrounding area. The
subject property and surrounding area exhibit these characteristics including a mix
of agricultural and residential uses and the presence of similarly sized parcels.
Consistent with this framework, the Land Use Pattern Allocation Guide
(LUPAG) Map is used to evaluate whether the proposed zoning aligns with the
County’s intended land use pattern. The subject property is designated as
Important Agricultural Land (IAL), reflecting its potential for agricultural productivity.
While this designation emphasizes the importance of preserving agricultural lands,
the proposed rezoning represents a minor adjustment to the existing land use
pattern due to its limited scope (two lots) and does not constitute a significant
increase in land use intensity.
This finding is further supported by the existing development pattern in the
surrounding area. Surrounding land uses are generally agricultural in nature, with
a mix of dwellings and active farms. Properties directly adjacent to the subject
property are zoned A-40a, as are most parcels to the south, north and west and
east. Many of these parcels are nonconforming in size, having been created prior
to the establishment of the Zoning Code. As a result, there are existing lots in the
vicinity that are similar in size to those proposed.
According to the U.S. Department of Agriculture Soil Survey, the subject
property consists of Kikoni medial silt loam (0 to 3 percent slopes) and Honokaʻa
highly organic hydrous silty clay loam (0 to 10 percent slopes). The Kikoni soils are
characterized by gentle slopes, deep profiles, good drainage, and high available
water capacity, making them well-suited for agricultural production. The Honokaʻa
soils, while also deep and capable of supporting agriculture, have greater moisture
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content and moderate limitations due to slope and hydric conditions. The property
is classified as Prime Agricultural Land under the State of Hawaiʻi Agricultural
Lands of Importance designation, indicating its overall capability to support
sustained agricultural use. The Land Study Bureau classifies the soils
predominantly as Class “C” (fair), with a small portion classified as Class “B”
(good), reflecting moderate agricultural productivity.
Although the subject property contains soils capable of supporting
agricultural use, the proposed FA-1a zoning will continue to allow and support
small-scale agricultural activities. Given the limited scale of the request and the
existing pattern of similarly sized parcels, the proposed rezoning will not materially
diminish the long-term agricultural productivity of the area. However, allowing
additional farm dwellings or farm employee housing on lots of this size could
substantially reduce the land available for agricultural use and would be
inconsistent with the intent of preserving the agricultural character of the property.
Accordingly, a condition of approval will be added to limit each lot created through
the proposed subdivision to one (1) single-family farm dwelling and prohibit
additional dwellings.
The South Kohala Community Development Plan (SKCDP) identifies the
property within the “Waimea Conceptual Plan” area, where a mix of land uses is
considered appropriate. The proposed rezoning is consistent with this designation
and aligns with SKCDP Strategy 2.1, which supports small-scale rezonings
intended to accommodate family subdivision. Although the property is not located
within the Small Farms and Ranches Preservation Program area, the proposed
zoning remains compatible with surrounding uses and is site-specific, based on
the established development pattern in the immediate vicinity, and is not intended
to establish a broader precedent.
Accordingly, the proposed rezoning is consistent with the applicable goals,
policies, and standards of the Hawaiʻi County General Plan and SKCDP, supports
small-scale agricultural use, and is compatible with the surrounding development
pattern.
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All essential utilities and services are available to the site. Access to
the project is provided via White Road, a County-owned and maintained roadway
with an approximately 9-foot-wide pavement within an approximately 40-foot-wide
right-of-way. The subject parcel’s frontage is currently unimproved, as are the
surrounding properties. Given the substandard pavement width, the Planning
Director recommends that the applicant provide roadway improvements along the
property frontage, including, but not limited to, widening the existing pavement by
approximately 11 feet, in accordance with Department of Public Works (DPW)
requirements, to achieve a total paved roadway width of approximately 20 feet.
The Planning Director finds that widening the roadway along the subject property's
frontage is necessary to improve access and circulation and to establish a roadway
standard that can be consistently applied to future development along White Road.
Pursuant to Section 25-5-46(d)(1) of the County’s concurrency provisions,
a Traffic Impact Analysis Report (TIAR) is required for rezoning applications when
the projected use would generate 50 or more peak-hour trips. Based on the small
scale of the proposed two (2)-lot subdivision, a significant increase in traffic is not
anticipated, thus a TIAR was not required.
According to the Department of Water Supply (DWS), water service is
available from an existing 6-inch water line located within White Road fronting the
subject property. The property is currently served by two (2) existing 5/8-inch
meters, each limited to an average usage of 400 gallons per day. DWS indicates
that the applicant will be required to construct necessary water system
improvements and pay applicable facilities charges as part of the subdivision
process. The preceding will be added as a condition of approval.
The subject property is not serviced by the County sewer system, thus a
condition of approval will require wastewater disposal by individual wastewater
systems meeting with State Department of Health regulations.
There is no municipal solid waste collection services in the County. Solid
waste will be handled by commercial haulers or individual homeowners and
disposed of at County transfer stations. A condition of approval will require the
applicant to meet all applicable County, State, and Federal laws, rules, regulations
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and requirements. Additionally, prior to final subdivision approval for any newly
created lots, the applicant will be required to make a fair-share contribution to
mitigate regional impacts on parks and recreation, fire protection, police services,
solid waste facilities, and roads.
There are no severe geological or topographical problems for the
property that cannot be property rectified, or which would render the land
unusable. The subject property is in an area designated as Zone “X”, an area
determined to be outside the 500-year flood plain, on the Flood Insurance Rate
Map (FIRM) by the Federal Emergency Management Agency (FEMA). A condition
of approval will be added to require that all development generated runoff will be
disposed of on-site and not directed toward any adjacent properties and all
earthwork activity, including grading, grubbing, and stockpiling, and the project will
conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaiʻi County
Code. This, the proposed change of zone meets this criterion.
The request is not contrary to Chapter 205A, Hawaiʻi Revised Statutes,
relating to Coastal Zone Management Area. The subject property is located
approximately 6.5 miles from the nearest shoreline, and it is not situated within the
Special Management Area and will not be impacted by coastal hazards and beach
erosion. There is no designated public access to the mountains or the shoreline
that runs through the property. The proposed change of zone will not adversely
impact any recreational resources, including access to and along the shoreline,
scenic and open space nor visual resources, coastal ecosystems, and marine and
coastal resources. Therefore, the proposed use is not contrary to the objectives of
Chapter 205A, Hawaiʻi Revised Statutes.
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 Ka ʻĀina” decisions, the issue relative to Native
Hawaiian gathering 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.
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• Investigation of valued resources: The subject property has been
previously cleared and is currently vacant. No archaeological
reconnaissance survey, cultural impact assessment, or biological
studies were submitted with the application. However, a review of
Planning Department records, available GIS data, and the State Historic
Preservation Division (SHPD) records did not identify any previously
recorded cultural or historic resources within the subject property.
• The valued cultural, historical, and natural resources found in the
rezoning area: The subject property has been previously cleared and
disturbed, and based on available information, it is unlikely that valued
cultural, historical, or natural resources are present within the rezoning
area. No known archaeological or historic resources have been
identified on the property, and it is not listed on either the State or
National Register of Historic Places.
Existing vegetation consists primarily of introduced grasses and
a limited number of non-native trees, with commonly introduced bird
species and domestic animals typical of the surrounding residential and
agricultural area. Although the Hawaiian Hawk (‘Io), Hawaiian Owl
(Pueo), and Hawaiian Hoary Bat (‘Ope‘ape‘a) may occasionally utilize
the broader area, the disturbed condition and limited scale of the
proposed project make significant impacts unlikely. Best Management
Practices (BMPs) will be implemented during any future land clearing or
construction activities to minimize potential impacts to wildlife, including
limiting unnecessary vegetation removal, minimizing nighttime lighting,
and reducing excessive noise, dust, and disturbance.
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According to the applicant, there is no known recent use of the
property or surrounding area for traditional cultural or gathering
practices. Additionally, due to the prior ground disturbance, the presence
of threatened or endangered plant or animal species within the project
area is considered unlikely.
• Possible adverse effect or impairment of valued resources: Native plants
and/or endangered species are unlikely to be impacted by the proposed
development due to the already cleared property and surrounding urban
environment. The proposed development is not expected to adversely
impact cultural, historical, or natural resources, including traditional and
customary Native Hawaiian practices. Due to the previously disturbed
condition of the property and surrounding area, the likelihood of impacts
to native flora, fauna, or endangered species habitat is considered low.
• Feasible actions to protect native Hawaiian rights: To address the
potential for inadvertent discovery of cultural resources, a condition of
approval will require that all work cease in the immediate area if any
historic or cultural remains (e.g., rock walls, terraces, platforms, shell
concentrations, or human burials) are encountered. The applicant shall
contact the Department of Land and Natural Resources – State Historic
Preservation Division (DLNR-SHPD), and work shall not resume until
appropriate mitigation measures have been implemented and clearance
is provided by DLNR-SHPD.
Lastly, this approval is made with the understanding that the applicant
remains responsible for complying with all other applicable governmental
requirements in connection with the approved use, prior to its commencement or
establishment upon the subject properties. Additional governmental requirements
may include the issuance of building permits, the installation of approved
wastewater disposal systems, compliance with the Fire Code, installation of
improvements required by the American with Disabilities Act (ADA), among many
others. Compliance with all applicable governmental requirements is a condition
of this approval; failure to comply with such requirements will be considered a
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violation that may result in enforcement action by the Planning Department and/or
the affected agencies.
Based on the preceding findings, approval of the change of zone request
from an Agricultural-40 acre (A-40a) to a Family Agricultural 1-acre (FA-1a)
zoned district would result in an appropriate land use pattern that will further the
public necessity and convenience and the general welfare.
The accompanying draft bill to amend Section 25-8-11 (Lālāmilo-Puʻikapu
Zone Map) is provided for your favorable consideration. Please note the proposed
conditions of approval are attached to the draft bill.
COUNTY OF HAWAI‘I
STATE OF HAWAI‘I
BILL NO.
(Planning Department) ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 25-8-11 (LĀLĀMILO-PUʻUKAPU DISTRICT ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAIʻI
COUNTY CODE (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL – 40 ACRES (A-40a) TO FAMILY AGRICULTURAL – 1 ACRE (FA-1a) AT PUʻUKAPU, WAIMEA, HAWAIʻI, COVERED BY TAX MAP KEY NO. 6-4-018:030.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I:
SECTION 1. Chapter 25, Article 8, Section 25-8-11, of the Hawai‘i County Code 1983
(2016 Edition, as amended) is amended by changing the district classification of the land situated
at Puʻukapu, Waimea, Hawai‘i, as more particularly depicted on Exhibit A and described in
Exhibit B, both of which are attached hereto and made a part hereof, from Agricultural – 40
acres (A-40a) to Family Agricultural – 1 acre (FA-1a).
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.
- 2 -
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:
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CVisserREZ.4.17.2026 JACQUELINE VISSER, HANALE VISSER AND GILBERT VISSER CHANGE OF ZONE APPLICATION (PL-REZ-2026-000099) CONDITIONS OF APPROVAL
A. The applicant(s), its successor(s) or assign(s) (“Applicant”) shall be responsible for
complying with all of the stated conditions of approval.
B. The Applicant shall construct necessary water system improvements as required
by the Department of Water Supply (DWS), which include, but may not be limited
to, the installation of a fire hydrant spaced no more than 600 feet apart and within
300 feet of the driveway or access to the lot.
C. Final Subdivision Approval of the proposed subdivision shall be secured from the
Planning Director 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 applicant shall provide improvements along the property's White Road
frontage consisting of, but not limited to, widening the existing pavement to achieve
a minimum twenty (20) foot paved roadway width, meeting the approval of the
Department of Public Works. Such improvements shall be completed prior to Final
Subdivision Approval, or when otherwise required by the Department of Public
Works, whichever occurs first.
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E. Restrictive covenants in the deeds of all proposed lots within the property shall
give notice that the terms of the zoning ordinance prohibit the construction of any
second dwelling unit (e.g. farm dwelling, accessory dwelling unit, etc.) and
condominium property regimes on each lot. This restriction may be removed by
amendment of this ordinance by the County Council. A copy of the proposed
covenant(s) to be recorded with the State Bureau of Conveyances shall be
submitted to the Planning Director for review and approval prior to the issuance of
Final Subdivision Approval. A copy of the recorded document shall be filed with
the Planning Department upon its receipt from the Bureau of Conveyances.
F. All driveway connections to White Road shall conform to Chapter 22, County
Streets, of the Hawai‘i County Code.
G. All earthwork and grading activity shall conform to Chapter 10, Erosion and
Sedimentary Control, of the Hawai‘i County Code.
H. All development-generated runoff shall be disposed of onsite and shall not be
directed toward any adjacent properties.
I. The method of sewage disposal shall meet with the requirements of the State
Department of Health.
J. 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 (SHPD) at (808) 933-7651. Subsequent work shall proceed
upon archaeological clearance from SHPD when it finds that sufficient mitigation
measures have been taken.
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K. The Applicant shall make their 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 for the additional residential units
to be created. The fair share contribution shall become due and payable prior to
receipt of Final Plan Approval or Final Subdivision approval for each phase and
shall be based on the actual number of additional residential units/lots created.
The fair share contribution in the form of cash, land, facilities or any combination
thereof shall be determined by the 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 unit/lot. The total amount shall be determined with the
actual number of residential units/lots according to the calculation and payment
provisions set forth in this condition. The fair share contribution shall be allocated
as follows:
1. $8,642.22 per single family residential unit/lot to the County to support park
and recreational improvements and facilities;
2. $416.90 per single family residential unit/lot to the County to support police
facilities;
3. $823.43 per single family residential unit/lot to the County to support fire
facilities;
4. $360.51 per single family residential unit/lot to the County to support solid
waste facilities; and
5. $7,678.76 per single family residential unit/lot 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
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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.
L. The Applicant shall comply with all applicable County, State and Federal codes,
laws, rules, regulations and requirements.
M. 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.
N. If any conditions have not been completed by the deadline, or if a time extension
request has not been submitted in accordance with section 25-2-44(c), the
Planning Department shall inform the Applicant that the ordinance is null and void
without further action by the County. In that event, the zoning designation of the
property(s) affected by the ordinance shall automatically revert to its immediate
prior zoning designation.
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-11 (LALAMILO-PUʻUKAPU 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 - 40 ACRES (A-40a) TO
FAMILY AGRICULTURAL - 1 ACRE (FA-1a)
AT PUʻUKAPU, WAIMEA, HAWAI'I
TMK: (3) 6-4-018:030 DATE: March 25, 2026
Hanale P., Jacqueline U. and Gilbert H. Visser
MAP PREPARED BY:
COUNTY OF HAWAIʻI, PLANNING DEPARTMENT
EXHIBIT "A"
4,5255.16' N
1,487.35' E
"EAST BASE"
¹
W
H
I
T
E
R
D
A-40a
A-40a
AGRICULTURAL -
40 ACRES (A-40a)
TO
FAMILY AGRICULTURAL -
1 ACRE (FA-1a)
REZONE AREA:
2.397 ACRES A-40a
A-3a
FA-1a
A-1a
A-5a
A-5a
P
U
K
I
N
IAHI RD
K
A
L
A
K
E
S
T
A-40aFA-1a
A-1aA-1a
A-1aA-5aA-40a
A-5a
0 0.50.25 Mile
E X H I B I T A
E X H I B I T B