Committee on Legislative Approvals and Acquisitions Meeting, February 3, 2026
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Committee on Legislative Approvals and Acquisitions Meeting, February 3, 2026
The Committee on Legislative Approvals and Acquisitions convened to review two linked amendments regarding a property in Waimea, South Kohala (Tax Map Key 6-2-009018). Applicant Joseph Gaglione requested a state land use boundary amendment from agricultural to rural and a zone change from A5A to RA-2.5A to allow subdivision into two lots (3.563 acres and 2.5 acres) for single-family dwellings. Although the committee initially faced procedural challenges regarding the separate motions for Bill 122 and Bill 123 due to their interdependence, the Planning Department and Commissioners proceeded with a favorable recommendation for both items after receiving presentations from the Planning Director and the applicant's representative.
Consent Calendar
- No items listed; routine agenda items were debated rather than processed via consent.
Public Comments & Testimony
- No public witnesses appeared during the testimony period prior to the presentations.
- John Pippen (Applicant's Representative): Stated that the subdivision was established in 1985 with 30 five-acre lots; subsequent rezonings to smaller minimum lot sizes have occurred as county water availability increased. He confirmed the applicant has installed two county water meters and requested a minimum lot size of 2.5 acres to permit exactly two lots.
- Joseph Gaglione (Applicant): Explained he acquired the property around 1984-85 with family members after a group from the Grateful Dead pulled out. He noted his loss of the agricultural exemption, his history of grazing sheep on the land, and his intent to subdivide to build a dwelling for his children or for rental purposes to manage property taxes.
Discussion Items
- Zoning and Land Use Consistency (Director Darrow): Explained that while subdivision under Agricultural zoning is technically possible, a change to Rural designation is recommended to ensure consistency with the General Plan and the Land Use Pattern Allocation Guide. He noted the area is in a transition toward rural uses for decades and that the soil is dry and not ideal for agriculture; Rural designation also exempts the project from strict state land use agricultural requirements for farm dwellings.
- Procedural Dependency (Chair Kimball & Councilmember Hustis): Addressed the issue that Bill 123 (Zone Change) cannot effectively proceed favorably without Bill 122 (Land Use Boundary Amendment) moving favorably, as they are legally and practically inextricably linked. The Chair noted the Planning Department's suggestion to combine dependent items into a single bill for future efficiency, though the committee moved forward with separate motions after procedural correction.
- Lot Size Clarification (Councilmember Kagiwata): Inquired if an Agricultural designation required larger parcels than the proposed 2.5 acres. Director Darrow clarified that while one could subdivide in AG, the smaller lot size would likely be unjustifiable regarding consistency with the General Plan, making the Rural designation the appropriate path.
Key Outcomes
- Bill 122 (State Land Use Boundary Amendment): Motion carried with 8 ayes to forward to the Council with a favorable recommendation. (Councilmember Kleinfelder excused).
- Bill 123 (Zone Amendment): Motion carried with 8 ayes to forward to the Council with a favorable recommendation. (Councilmember Kleinfelder excused).
- Next Steps: Both bills will be transmitted to the County Council for further deliberation.
Meeting Transcript
Good morning and welcome to the committee on legislative approvals and acquisitions. We are located today in the Hilo Chambers and connected by internet to the Counting Chambers. We have here in attendance, Councilmember Kagiwata, Councilmember Hustes, Councilmember Kirkwitz, Council Member Anishi, Council Member Inaba, Councilmember Viegas, Council Member Galimba, myself, Councilmember Kimball, and absent is Councilmember Canyoli Kleinfelder. We only have two items of business for a related matter on the agenda. Mr. Clerk, is there any testimony? There is no testifiers for your committee this morning, Madam Chair. But before I read them then, I guess we'll give one last chance to anyone out there in the universe. Your last chance to testify in Bill 122 or Bill 123, please speak up now. Hearing none. Madam Chair, if you don't mind, I'll read both bills in at one time, then we'll take two motions and then you guys can discuss both on the floor. Bill 122 amends the state land use district boundaries map within the county by charging the district classification from the agricultural district to the rural district at Waimea, South Kohala, Hawai'i, covered by tax map key 6-2-009018 and Bill 123, amend section 25-8-7, North and South Kohala District Zone Map. Article 8, Chapter 25 zoning of the Hawaii County Code 1983, 2016 edition as amended by changing the district classification of agriculture 5 acres, A5A to residential agriculture 2.5 acres, RA-2.5A at Waimea, South Kohala Hawaii covered by tax map key 6-2-009018. Applicant Joseph Gaglione, Area 6.063 acres. The Libra Planning Commission favored forwards its favorable recommendation for this amendment to this 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, introduced by Councilmember Kimball by request and communication 696.1 from Planning Director Jeffrey W. Darrow, dated January 6, 2026. Transmitting PowerPoint presentation for bills 122 and 123. Thank you, Mr. Clerk. May have two motions, please to approve 122 and 123 and send with council to a favorable recommendation. Chair motion to forward Bill 122 to Council with a favorable recommendation. Motion by Councilmember Houston, seconded by Councilmember Galimba to move 122 to council with a favorable recommendation. And you would like a second motion, Chair? Please. Second motion here to forward Bill 123 to council with a favorable recommendation. Motion by Councilmember Houston, seconded by Councilmember Galimba to forward Bill 123 to Council with a favorable recommendation. With that, I will invite Director Darrow to come and present on this particular item. Good morning, Chair Kimball, Vice Chair O'Nishi, members of the committee, Jeff Darrell with the planning department. This morning we'll cover both applications within one presentation, if that's okay. We're good. So we have uh our applicant Joseph Gaglioni. He is requesting a state land use boundary amendment as well as a change of zone. Wrong button. So the area of this subject application is within the South Kohala district. More specifically, we're looking at an area along Kauai High Road, uh commonly called the Kanehoa subdivision. The applicant is requesting a state land use boundary amendment from an agricultural to a rural district and the change of zone from an agricultural five-acre to a residential agricultural 2.5 acre RA2.5 zoning district for our 6.063 acres of land. If the requested land use entitlement changes are approved, the applicant proposes to subdivide the property into two lots, consisting just over three acres and one half 3.563 acres and two and one half 2.5 acres in size. Subsequently, the applicant intends on placing one single family dwelling residence on each lot. This is our county zoning map. It identifies the different county zoning layers in the area. The light green is agricultural five-acre. The Munster color is RA. A majority of them you'll see are two-acre in size. And then on the top of the map, the dark blue is agricultural 40-acre. The subject property is identified in a black outline currently zoned AG5. This is our state land use boundary map. Again, the colors represent the different designations for our state land use boundaries. A represents agricultural, and the yellow represents rural. It identifies the subject property and area for rural type uses and zoning.
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