HomeMy WebLinkAboutPD Background Report (PL-SPP-2025-000109)1
BKonaKaiLLCSPP.crk.6.22.26
COUNTY OF HAWAIʻI PLANNING DEPARTMENT
BACKGROUND REPORT
KONA KAI, LLC
SPECIAL PERMIT APPLICATION NO. (PL-SPP-2025-000109)
KONA KAI, LLC applied for a Special Permit to expand an existing agricultural tourism
operation onto an adjacent parcel with new offerings, including farm-to-table culinary
experiences, agricultural- and cultural - based experiences, and overnight
accommodations for up to 19 guests per night on 10.1 acres of land in the State Land
Use Agricultural District. The subject properties are located at 75-5783 and 75-5785
Pikake Place, approximately 210 feet north of its intersection with Nani Kailua Drive,
Keopu 3rd and Hienaloli 6th, North Kona, Hawaiʻi, TMK: (3) 7-5-011:014 & :042.
APPLICANT’S REQUEST
1. Request: Kona Kai, LLC applied for a Special Permit to authorize agricultural
tourism activities on Parcel 14 in conjunction with existing hosted rental
accommodation operating on the property. Agricultural tourism activities are
already approved and operating on the adjoining Parcel 42 under a previous Plan
Approval and Agricultural-Based Commercial Operations (ABCO) approval. The
request would allow agricultural tourism activities to occur across both parcels
totaling 10.1 acres of land (hereinafter “permit area”) while maintaining the existing
annual visitor cap of 30,000 visitors for uses on both properties (approximately
82 visitors per day). The proposed project consists of the following components:
▪ Overnight accommodations for up to 12 guests per night within 5 permitted
bedrooms in the main farm dwelling. The accommodations are considered
hosted as the owner/operator will live in the additional farm dwelling on Parcel
14. It should be noted that the application originally requested accommodations
for up to 19 guests per night and did not clarify the number of bedrooms. Based
on conversations with the Planning Department, the applicant subsequently
downsized the request as referenced above.
▪ Agricultural Tourism offerings, including:
o Guided farm and orchard tours.
o Coffee education and tasting experiences.
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o Hands-on agricultural demonstrations.
o Farm-to-table culinary experiences utilizing agricultural products grown
on the property and locally sourced Hawaiʻi agricultural products
prepared in conjunction with the existing approved ABCO.
o Culture-integrated agricultural demonstrations (e.g., lei making, moʻolelo
tied to crop propagation, traditional Hawaiian planting and harvesting,
etc.).
o Grower and community workshops.
o Agricultural and nature art workshops.
o Animal husbandry demonstrations and interactive livestock
experiences.
o An on-site retail shop, contained within the existing main farm dwelling
and/or outside premises around the dwelling.
o The applicant requests to allow administrative flexibility to modify
agricultural tourism programming by substituting comparable activities
and making minor adjustments to session frequency, size, and
scheduling without increasing operational impacts.
o Proposed agricultural tourism activities on Parcel 14 would occur
entirely within existing developed areas, including the kitchen and other
interior rooms of the main farm dwelling, the back and second-story
lanais, the former pickleball court area, demonstration growing areas,
fruit orchard and nature trails, pasture areas, and the existing ABCO
food truck and food hub facilities. Agricultural tourism activities currently
operating on Parcel 42, including the approved coffee farm tour areas,
would continue under their existing approvals and conditions. No new
activity areas or major structures are proposed as part of the Special
Permit request. Activities will be distributed across both parcels based
on the location of agricultural resources and supporting infrastructure
and offered through multiple daily time slots to provide visitor flexibility.
The applicant indicates that historical participation has averaged
approximately 40 to 50 percent of available reservations. Visitor
attendance will be managed through a reservation system, group size
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limits, and established capacity controls, while accommodating walk-in
visitors when space allows. Programming will remain flexible and will be
adjusted as necessary to accommodate agricultural operations,
including seasonal harvests, planting cycles, and weather conditions.
▪ To facilitate the expansion of agricultural tourism activities onto Parcel 14, the
applicant requests several deviations from the agricultural tourism standards
contained in County Code Section 25-4-15. Specifically, the applicant requests:
o Authorization to conduct agricultural tourism in conjunction with existing
hosted rental accommodations, which are otherwise prohibited as part
of an agricultural tourism operation without a Special Permit;
o To utilize the existing 9,452-square-foot main farm dwelling for
agricultural tourism activities, which exceeds the Zoning Code’s 1,000-
square-foot covered space limitation;
o Relief from the requirement that gross agricultural tourism revenue does
not exceed gross agricultural production revenue, citing the operation of
agricultural activities through separate legal entities under common
ownership;
o Authorization to offer culture-integrated agricultural programming not
expressly identified as a permitted agricultural tourism activity; and
o While most agricultural tourism activities would continue to operate
between 8:00 a.m. and 6:00 p.m. as required by the zoning code, the
applicant requests authorization for farm-to-table culinary experiences
to continue until 9:00 p.m., consistent with the existing ABCO approval
for food service operations until 9:00 p.m.
2. Reasons for Request: According to the applicant, the requested Special Permit
would allow agricultural tourism activities to operate in conjunction with existing
hosted rental accommodations in the main farm dwelling on Parcel 14, thereby
integrating uses that are currently allowed independently but require a Special
Permit when occurring on the same property. The proposal is also intended to
diversify revenue sources needed to support ongoing coffee production, fruit
cultivation, livestock operations, and maintenance of the property, while enhancing
agricultural education, supporting local farmers through the promotion and sale of
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Hawaiʻi-grown agricultural products, and reducing long-term reliance on hosted
rental accommodations as the primary use of the Parcel 14.
3. Construction Timetable/Estimated Cost: No major construction is proposed as
part of the Special Permit request. The applicant proposes to utilize existing
structures, parking areas, roadways, agricultural improvements, and associated
facilities. The applicant states that parking improvements may be completed if
required to meet County standards. Upon approval, the applicant intends to
commence operations as soon as practicable and within two years of approval.
4. Landowner: Kona Kai, LLC is the fee owner of both properties.
5. Supportive Information: The applicant has submitted the attached in support of
the request: (Planning Department Exhibit 1 – Special Permit Application
accepted on May 6, 2026 & Planning Department Exhibit 2 – Additional
Information received on July 7, 2026).
STATE & COUNTY PLANS
6. State Land Use District: Agricultural.
7. County Zoning: Agricultural 5-Acres.
8. General Plan 2045 Land Use Designation: Productive Agriculture (PA), which
includes lands with better potential for sustained high agricultural yields because
of soil type, climate, topography, or other factors (5-acre minimum lot size).
Dwelling density up to 1 unit per 5 acres, although additional may be allowed with
permitted additional farm dwellings. The permit area was classified as PA due to
its location within the Kona “Coffee Belt.”
9. Kona Community Development Plan (KCDP): The Kona CDP, adopted by the
Hawai‘i County Council by Ordinance No. 08-131 on September 25, 2008,
identifies the preferred land use pattern for the Kona districts. The permit area is
located outside of the Kona Urban Area and outside of any Rural Town Areas.
10. Special Management Area (SMA): The permit area is not located within the
County's Special Management Area (SMA) and is situated approximately 1.9 miles
from the nearest coastline.
DESCRIPTION OF PROPERTY AND SURROUNDING AREA
11. Subject Properties (Permit Area): The permit area consists of two adjoining
parcels totaling approximately 10.1 acres of land within the Nani Kai Lani
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Subdivision. Parcel 14 is improved with a 9,452-square-foot, single-story farm
dwelling that was originally permitted in 2012 under Building Permit No. B2012-
0197K. The residence contains five bedrooms, five full bathrooms, two half-
bathrooms, a swimming pool, and processing rooms. Additionally, the property is
improved with a 1,870-square-foot, two-story additional farm dwelling permitted in
2009 under Building Permit No. B2009-0397K (note: this dwelling was permitted
and built as the first farm dwelling and was subsequently designated as the
additional farm dwelling when the larger, main farm dwelling was constructed in
2012). The property also contains a swimming pool, pickleball court (formerly a
golf driving range), internal paved driveways, and other supporting improvements.
According to the application, the larger dwelling was originally constructed as a
corporate retreat facility (although only permitted as a 5-bedroom dwelling) and the
properties were acquired by the applicant in May 2021 after reportedly remaining
largely vacant for several years.
The permit area supports a variety of agricultural uses, including an active coffee
farm on adjoining Parcel 42, approximately two acres of fruit orchard and
landscaped agricultural areas, and approximately two acres of pasture supporting
sheep on Parcel 14. Agricultural crops identified in the application include coffee,
avocado, mango, breadfruit, lychee, guava, soursop, abiu, lilikoi, citrus, pomelo,
papaya, rollinia, pineapple, jackfruit, starfruit, orange, noni, kukui nut, and coconut.
Parcel 14 also contains an approved Agricultural-Based Commercial Operation
consisting of a food hub (for storage, processing, distribution and sale of
agricultural products grown in Hawaiʻi and value-added products that were
produced using agricultural products grown in Hawaiʻi) and retail food
establishment (Food Truck), while Parcel 42 contains the existing Rising Kona
Coffee Farm Tours agricultural tourism operation (Note: A permit area chronology
is included in the application starting on P. 32 and documentation of the current
agricultural tourism and ABCO approvals are included as Exhibits to the
application). According to the Department of Public Works-Building Division, the
use of the main farm dwelling for the proposed uses will require a change of use
building permit to a non-residential occupancy.
12. Surrounding Zoning/Land Uses: Adjacent properties to the west (makai) and
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east (mauka) of the permit area are also situated within the Nani Kai Lani
subdivision and are similarly zoned Agricultural-5 acres and consist of agricultural
and residential uses. Properties to the south and southwest within the Kaʻainapono
Subdivision are primarily zoned Agricultural 1-Acre (A-1a) and contain residential
and undeveloped agricultural lands. The Planning Commission issued a Special
Permit for a 3-bedroom B&B operation on a property within this subdivision in 2023
(Hunziker).
13. USDA Soil Survey Report: Soils in the permit area are classified as Kainaliu-
Wai‘aha Complex, 10 to 20 percent slopes. These soils are shallow, well-drained
silty clay loams commonly associated with pasture, coffee, and macadamia nut
production.
14. Land Study Bureau Soil Rating: The permit area is largely designated as “E” or
“Very Poor” for agricultural productivity.
15. Agricultural Lands of Significance to the State of Hawaiʻi (ALISH):
Unclassified.
16. Flood Zone: The permit area is situated within Zone X, determined by FEMA to
be an area of minimal flood hazard.
17. Floral/Fauna Resources: No professional survey was conducted of the floral and
faunal resources of the site; however, the applicant does not believe that rare or
endangered floral or faunal resources are likely to be found within or proximate to
the permit area as it has been cleared and extensively improved with agricultural
crops (coffee and fruit orchards) and landscaped. Farm animals include
approximately 16 sheep maintained on Parcel 14 and goats associated with the
existing agricultural tourism operation on Parcel 42.
18. Archaeological/Historical/Cultural Resources: No formal archaeological
inventory survey or cultural resources study has been conducted for the project
site. According to the application, the property has been extensively altered
through previous residential development, landscaping, and agricultural
improvements, and there are no known historic properties or archaeological sites
within the project area. Additionally, no ground disturbance or new development is
proposed. The applicant further states that no customary or traditional Native
Hawaiian gathering rights are known to be exercised on the property, noting the
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absence of significant natural or cultural features and the site's location
approximately 1.9 miles from the shoreline. Should archaeological resources or
human skeletal remains be inadvertently discovered during future ground-
disturbing activities, the applicant states that work would cease and the appropriate
notifications would be made to the State Historic Preservation Division and the
Planning Department.
19. Public Access: There is no known public access to the mountains or the shoreline
that runs through the permit area.
Public Facilities, Utilities and Services
20. Access and Parking: Primary access to the project site from Nani Kailua Drive, a
gated, privately owned roadway and utility easement approximately 50 feet in width
with an approximately 20-foot-wide paved asphalt roadway and full shoulder
improvements. Access then continues along Pikake Place, a privately maintained
50-foot-wide roadway and utility easement with an approximately 16-foot-wide
paved asphalt roadway constructed to minimum private subdivision standards.
The applicant provided evidence that the permit area possesses legal rights of
access and utility installation within both roadway easements. Internal circulation
would utilize an existing approximately 12-foot-wide paved loop driveway
connecting Parcels 14 and 42 to accommodate two-way traffic, agricultural
operations, visitor circulation, and emergency vehicle access. The applicant
proposes that all visitor, employee, and vendor parking be accommodated entirely
on-site. Parking is proposed within existing developed areas adjacent to the
primary dwelling, with additional overflow parking located above the former
pickleball court. The application indicates these areas provide parking for
approximately 50 vehicles, with additional approved parking available on adjoining
Parcel 42 as needed. No parking is offered along subdivision roadways or roadway
shoulders, and the applicant’s staff would direct vehicles during periods of higher
visitation. The applicant states the existing roadway network, gated access, and
on-site parking areas are sufficient to accommodate the proposed activities.
According to the Fire Department, the project will be required to provide a Fire
Department Access Road meeting with the requirements of the Fire Code.
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21. Traffic Impacts: The applicant estimates traffic volumes of approximately 10 to
50 vehicles per day associated with existing and proposed activities. The
application indicates the approved annual visitor cap of 30,000 visitors under the
existing agricultural tourism operation would remain unchanged.
22. Water: According to the applicant, the permit area is served by the County
Department of Water Supply through two existing 5/8-inch water meters, one
serving each parcel. Potable water would continue to serve the existing residential
dwellings, restrooms, handwashing facilities, food service operations authorized
under the ABCO certification, and other visitor needs associated with the proposed
agricultural tourism activities. Agricultural water demands associated with the
existing coffee farm, fruit orchard, pasture, and livestock would continue to be
supplied through the property's existing water infrastructure. The Department of
Water Supply (DWS) confirmed the existing service mentioned above and noted
that, based on current water availability, two additional water units may be
available for Parcel 14; however, portions of the parcel located outside the existing
pressure zone are limited to one water unit. DWS had no objection to the proposed
Special Permit provided the applicant submits professional engineering water
demand calculations for review, pays any required water commitment deposit and
facilities charges, completes any necessary water system improvements, installs
required backflow prevention assemblies, and relocates or adjusts any affected
water system facilities at the applicant's expense if required.
For fire protection, the applicant indicates that a County fire hydrant is located on
an adjacent property and, together with the existing County water service to both
parcels, provides adequate water for emergency fire suppression. No expansion
of the existing water system is proposed as part of this request. According to the
Fire Department, the proposed project will be required to meet Fire Code for fire
suppression water availability.
23. Wastewater: The permit area is not currently serviced by the County sewer
system. Wastewater is currently handled by existing on-site individual wastewater
systems permitted by the State Department of Health. The additional farm dwelling
is served by a septic system and the main farm dwelling is served by an existing
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cesspool that the applicant states will be converted or otherwise upgraded to
comply with State Department of Health requirements
24. Solid Waste: Solid waste is proposed to be handled through commercial waste
disposal services.
25. Other Essential Utilities and Services: Electrical, cable, and telephone services
are available to the property. Police, fire, and medical services are available from
nearby Kailua-Kona facilities.
AGENCY COMMENTS
26. Department of Public Works-Building Division: (Planning Department
Exhibit 3 – June 30, 2026 Memo)
27. Department of Water Supply: (Planning Department Exhibit 4 – June 30, 2026
Memo)
28. Fire Department: (Planning Department Exhibit 5 – June 18, 2026 Email)
29. State Department of Health: (Planning Department Exhibit 6 – June 1, 2026
Memo)
AGENCIES – NO COMMENT/CONCERN
30. Police Department and Department of Finance - Real Property Tax Division.
AGENCIES – NO RESPONSE
31. Department of Public Works-Engineering Division, Department of Environmental
Management, State Land Use Commission, State Office of Planning and
Sustainable Development, State Department of Agriculture, & State Department
of Land and Natural Resources.
PUBLIC COMMENTS
32. Testimony in Opposition from Cynthia Milani: (Planning Department
Exhibit 7 – June 26, 2026 letter)
33. Testimony in Opposition from Cynthia Milani Including Matsukawa Letter:
(Planning Department Exhibit 8 – June 29, 2026 email)
34. Testimony in Support from Ruth & John Koontz: (Planning Department
Exhibit 9 – July 1, 2026 letter)
35. Testimony in Opposition from Erin Gallogly: (Planning Department
Exhibit 10 – July 2, 2026 email)
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36. Updated Testimony in Support from Marissa Ashley (to supersede support
testimony in the application):(Planning Department Exhibit 11 – July 3, 2026
letter)
37. Testimony in Opposition from Erin Gallogly: (Planning Department
Exhibit 12 – July 5, 2026 email)
38. Updated Testimony in Support from Bill Meyers (to supersede support
testimony in the application): (Planning Department Exhibit 13 – July 6, 2026
letter)
39. Updated Testimony in Support from David Bateman (to supersede support
testimony in the application): (Planning Department Exhibit 14 – June 30,
2026 letter)
40. Testimony from Barbara Graziano-Halbert: (Planning Department Exhibit 15
– July 7, 2026 letter)
41. Testimony in Opposition from Barbara Schaufeld: (Planning Department
Exhibit 16 – July 5, 2026 letter)
42. Testimony in Opposition from Thomas Carey: (Planning Department
Exhibit 17 – July 7, 2026 email)
43. Testimony in Opposition from Erin Gallogly: (Planning Department
Exhibit 18 – July 5, 2026 email)
44. Testimony in Opposition from Erin Gallogly: (Planning Department
Exhibit 19 – July 8, 2026 email)
45. Testimony in Opposition from Cynthia Milani on Behalf of Kaʻainapono
Subdivision Lot Owners Including Matsukawa Letter: (Planning Department
Exhibit 20 – July 1, 2026 letter received on July 9, 2026)
46. Testimony in Opposition from Cynthia Milani: (Planning Department
Exhibit 21 – July 9, 2026 email)
47. Testimony in Opposition from Erin Gallogly: (Planning Department
Exhibit 22 – July 9, 2026 email)
APPLICANT RESPONSE TO AGENCY COMMENTS & PUBLIC COMMENTS
48. Applicant’s Letter in Response to Milani June 26, 2026 Testimony: (Planning
Department Exhibit 23 – June 30, 2026 letter)
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49. Applicant’s letter in Response to Multiple Agency Comments: (Planning
Department Exhibit 24 – July 2, 2026 letter)
50. Applicant’s Letter in Response to Carey July 5, 2026 Testimony: (Planning
Department Exhibit 25 – July 8, 2026 letter)
51. Applicant’s Letter in Response to Schaufeld July 5, 2026 Testimony:
(Planning Department Exhibit 26 – July 8, 2026 letter)
52. Applicant’s Request for Planning Commission to Disregard Letter from
Marco Silva Included in the Application Packet (Planning Department
Exhibit 27 – July 8, 2026 email)
SPECIAL PERMIT APPLICATION
APPLICANT: KONA KAI, LLC
Tax Map Key: (3) 7-5-011:014 & 042
Hienaloli 6th, North Kona District
Hawai’i Island
October 25, 2025
Request: Allow agricultural tourism on Parcel 14, where
hosted rentals have been operating since 2021.
Agricultural tourism is already permitted on the adjacent
Parcel 42 which is also owned by the Applicant.
SUPPORTING INFORMATION REGARDING
SPECIAL PERMIT APPLICATION
for
APPLICANT: KONA KAI, LLC
Request: Allow agricultural tourism on Parcel 14, where
hosted rentals have been operating since 2021. Agricultural
tourism is already permitted on the adjacent Parcel 42, which is
also owned by the Applicant.
Supporting materials include a Legislative Support Letter from
Rep. Kirstin Kahaloa (Exhibit G).
Tax Map Key: (3) 7-5-011:014 & 042
Hienaloli 6th, North Kona District
Hawai’i Island
October 25, 2025
SUPPORTING INFORMATION
REGARDING SPECIAL PERMIT APPLICATION FOR
KONA KAI, LLC
Affecting Tax Map Keys:
(3) 7-5-011: 014 and 42; Hienaloli 6th, North Kona
A. LOCATION OF PROJECT SITE AND LANDOWNERSHIP
1. Applicant’s Request
Kona Kai, LLC (Applicant) seeks a Special Permit to transform Parcel 14 into Kona’s
premier agricultural tourism destination - thoughtfully utilizing its exceptional physical
qualities and infrastructure to inspire and educate visitors, actively uplift local farmers,
and foster lasting appreciation for Hawaiʻi’s vibrant agricultural legacy. The project builds
upon the existing success of Rising Kona Coffee Farm Tours on the adjoining Parcel 42,
also owned by the Applicant, and expands its mission to serve as a broader agricultural
hub for West Hawaiʻi.
This Special Permit request is straightforward. It specifically seeks to:
● Allow agricultural tourism on Parcel 14, which has had hosted rentals operating
since 2021 (Exhibit J) and holds a permitted Agricultural Based Commercial
Operation for a food hub and retail food operation (Exhibit I). Agricultural
tourism is already permitted on the adjacent Parcel 42 which is also owned by
the Applicant (see Exhibit H).
Need for Special Permit
This Special Permit is required because the proposed agricultural tourism operation does
not conform to provisions of Hawaiʻi County Code §25-4-15(d), which governs
agricultural tourism in the Agricultural (A) district. Under Hawaiʻi County Code
§25-4-15(d)(8), agricultural tourism activities in the Agricultural (A) district “shall not
include weddings, parties, restaurants, schools, catered events, or overnight
accommodations, unless allowed by special permit or use permit.” Additionally, HCC
§25-4-15(c) requires that any agricultural tourism activity in the A district that does not
fully conform to §25-4-15(d) must obtain a Special Permit.
Specifically, this application seeks authorization for the following non-conforming
elements:
1. Overnight Accommodations (§25-4-15(d)(8)): The code prohibits overnight
accommodations as part of agricultural tourism "unless allowed by special permit or use
permit." Hosted rentals are currently unregulated and have been allowed in the County
(see Exhibit J). Hosted Rentals have been operating on Parcel 14 since 2021. This Special
Permit seeks to integrate agricultural tourism activities with the existing hosted rental
operations.
2. Square Footage (§25-4-15(d)(5)): The code limits agricultural tourism spaces to
1,000 square feet of covered space. Parcel 14 features an existing 9,452 square-foot
dwelling that was originally constructed as a corporate retreat center—an uncommon
structure for agricultural zoning. The building was designed and built with
commercial-grade infrastructure. This pre-existing property creates an unusual
circumstance that distinguishes this property from typical agricultural parcels. Rather
than constructing new buildings on the lower parcel to expand its agricultural tourism
operation, the Applicant proposes to adaptively reuse this exceptional existing
infrastructure for agricultural education and visitor experiences. The structure's original
design and scale make it uniquely suited for enhanced agricultural programming while
avoiding the environmental and fiscal costs of new construction. This represents a
reasonable adaptation of an unusual asset that already exists on the agriculturally zoned
property.
3. Gross Revenue Ratio (§25-4-15(d)(6)): The code requires that agricultural
tourism revenue not exceed agricultural production revenue. The Applicant and its
Managing Member Jason Eisert operates a substantial coffee production, roasting,
packaging, and retail operation on Parcel 42 and at an off-site wet mill and processing
facility under common ownership. While collectively these operations will produce more
than enough gross revenue to cover this requirement, these agricultural operations are
conducted under separate LLC entities for liability purposes. While the Applicant or its
Managing Member Jason Eisert owns all entities, the separate LLC structures mean that
agricultural revenues cannot easily be directly attributed to Parcel 14 under the "same
ownership" provision of §25-4-15(d)(6). To avoid complexity and ensure clear regulatory
compliance, this Special Permit seeks a waiver of the gross revenue ratio requirement.
4. Agriculturally Related Cultural Programming (§25-4-15(c)): The Applicant seeks
to incorporate culturally rooted agricultural activities developed in partnership with
Native Hawaiian practitioners. While not explicitly prohibited, such programming does
not fall clearly within the enumerated activities permitted by right under §25-4-15(d),
and therefore may require special permit authorization pursuant to §25-4-15(c).
5. Hours of Operation (§25-4-15(d)(2)): Agricultural tourism activities will operate
in accordance with §25-4-15(d)(2), which limits such activities to the hours between
8:00 a.m. and 6:00 p.m. daily. However, farm-to-table culinary experiences, which will be
conducted in coordination with the property's already approved Agricultural-Based
Commercial Operations (ABCO) certification authorizing a Retail Food Establishment to
operate until 9:00 p.m., may extend until 8:00 p.m. These culinary experiences utilize
the on-site ABCO-approved food truck and represent a natural integration of the
property's existing agricultural processing authorization with requested agricultural
tourism programming. All proposed agricultural tourism activities, including tours,
workshops, and educational demonstrations, will conclude by 6:00 p.m. in full
compliance with the existing agricultural tourism code.
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New Agricultural Tourism Activities on Parcel 14
This Special Permit seeks authorization for new agricultural tourism activities on Parcel
14 that are distinct from and in addition to the agricultural tourism activities currently
approved and operating on Parcel 42. While Parcel 42's existing approval authorizes farm
tours, goat petting, and educational experiences focused on coffee cultivation and
processing, this application proposes to expand the scope of agricultural tourism
programming to include:
● Culinary experiences featuring farm-grown ingredients
● Grower and community workshops supporting local agricultural education
● Agricultural and nature workshops
● Animal husbandry demonstrations and interactive livestock experiences
● Tropical fruit, vanilla, and cacao walking tours
These activities represent new programming that would generally fall within the
definition of agricultural tourism under County Code, but require Special Permit
authorization only because of the conditions outlined in “Need for Special Permit”
above.
These additional activities are requested to authorize a complementary set of
agricultural tourism activities on Parcel 14 that will enhance and diversify the visitor
experience while maintaining the property's agricultural focus. Detailed information
regarding the size, frequency, and operational parameters of these activities is provided
in Section B(2.4) below.
Existing Site Conditions
Parcel 14 features an existing 9,452 square-foot dwelling built originally as a corporate
retreat center, a 1,870 square-foot dwelling, a ~2-acre fruit forest, and a ~2-acre pasture.
Parcel 14 also holds an Agricultural-Based Commercial Operations (ABCO) Certification,
allowing a Retail Food Establishment (Food Truck) and a Food Hub to operate daily from
8:00 AM to 9:00 PM.
The adjoining Parcel 42 is also owned by the Applicant and is an actively operating coffee
farm conducting agricultural tourism activities under its approval granted in January
2023. Both properties are situated within the State Land Use Agricultural District and are
collectively referred to as the “Project Site”.
By allowing these activities to harmoniously coexist on the Project Site, the Applicant
aims to shift its primary focus from overnight accommodations towards agricultural
tourism-building upon the success of existing agricultural tours on Parcel 42 and ABCO
operations on Parcel 14.
This request is supported by community and legislative testimony, including a letter from
Representative Kirstin Kahaloa affirming alignment with State agricultural goals (see
Exhibit G).
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2. Location of Property
The Project Site is situated approximately 2.5 miles above (mauka) of the town of
Kailua-Kona within the Hienaloli 6th ahupuaʻa. The Project Site is two of eight lots within
the Nani Kai Lani subdivision, which lies above Hienaloli Road and north of the extension
of Nani Kailua Drive as shown below on Figure 1-Regional Location Map and Figure
2-Vicinity Map below.
Figure 1 – Regional Location Map
Figure 2 - Vicinity Map
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3. Landownership
The Project Site, consisting of the 5.083-acre estate property (Parcel 14) and the
adjoining 5.011-acre coffee farm (Parcel 42), is owned in fee by the Applicant, who is
represented by on-island resident Jason Eisert.
The Applicant purchased the 10.1-acre Project Site in May 2021, after the properties had
been left vacant and unmaintained by the previous landowner for over 8 years. Since the
acquisition, the Applicant has undertaken continuous efforts to repair and restore the
many existing structures and facilities within the Project Site, as well as its extensively
cultivated grounds, expending more than $1.9 million to date. Mr. Eisert currently
resides on Parcel 14, serving as property manager and host of the hosted rental
occurring within the main dwelling.
The Applicant has secured a State of Hawaiʻi, Department of Agriculture license as a
Kona coffee dealer (License No. 02464-X000-12). Parcel 42 is an active coffee farm that
is permitted as an agricultural tourism operation (PL-PLA-2022-000153
/PL-CRT-2022-000033 see Exhibit H). The agricultural tourism operation operates under
the name “Rising Kona Coffee Farm Tours” (www.RisingKona.com) and has received over
750 5 star Google Reviews as of the date of this application. This parcel is also
supporting an agricultural-based commercial operation and agricultural products
processing, all related to the existing Kona coffee farm.
B. STATEMENT OF OBJECTIVES AND PROJECT OPERATIONAL DETAILS
1. Statement of Objectives and reasons for the request
The Applicant seeks a Special Permit pursuant to Section 25-4-15(d)(8) of the Hawaiʻi
County Zoning Code to authorize the integration of structured agricultural tourism
activities, educational classes, ABCO operations, and hosted rentals on Parcel 14 (TMK:
(3) 7-5-011:014), all with existing facilities that include a 9,452 square-foot single-family
dwelling, expansive landscaped grounds, thriving fruit forest and pasture and adequate
supporting infrastructure. Hosted vacation rentals (overnight accommodations) are
presently unregulated and currently allowed on Parcel 14 with confirmed bookings
extending into 2027.
A major component of this request—and perhaps the single greatest benefit to the
surrounding gated community—is the transition toward agricultural tourism that
introduces a structured, daytime visitor flow instead of the current everyday ongoing
hosted vacation use. Agricultural tourism activities are quiet by nature, educational, and
conclude by early evening, resulting in significantly less evening and nighttime noise
compared to typical overnight guest stays. In this way, the property’s operations not only
align with County and State goals for supporting diversified agriculture but also directly
improve neighborhood compatibility by reducing evening disturbances.
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Parcel 14 (TMK: (3) 7-5-011:014) has already secured an Agricultural-Based Commercial
Operation (ABCO) Certification (PL-CRT-2025-000084). This ABCO permits a Retail Food
Establishment (Food Truck) and a Food Hub, allowing for the preparation and serving of
meals, snacks, and beverages using Hawai’i-grown and value-added agricultural
products, and providing for the storage, processing, distribution, and sale of these
products onsite. These ABCO operations are permitted between 8:00 AM to 9:00 PM
daily.
Currently, the Applicant operates an approved agricultural tourism operation on Parcel
42 (TMK: (3) 7-5-011:042), permitted via PL-PLA-2022-000153 / PL-CRT-2022-000033
(see Exhibit H) on January 23, 2023. This approval encompasses Agricultural Tourism
Operations, Agricultural Products Processing, and Agricultural-Based Commercial
Operations, featuring walking tours, coffee roasting and brewing classes, accessory
retail, onsite coffee tasting, goat petting, and the sale of locally grown agricultural
products and related merchandise.
Known as "Rising Kona Coffee Farm Tours" (www.RisingKona.com), this agricultural
tourism operation has already gained substantial recognition, drawing numerous visitors
each year and leveraging a strong reputation within the farming community. In the past
one year alone, visitors have shared enthusiastic feedback in over seven hundred fifty
5-star Google Reviews, describing their experiences as "highly educational,"
"informative," and "family-friendly." Rising Kona Coffee Farm Tours is one of the newest
additions to Hawaiʻi Island’s agricultural tourism scene and has rapidly earned
recognition as one of the most highly rated coffee farm tours on the island. Guests
frequently express appreciation for "learning so much about sustainable coffee farming
practices," "the history and cultivation of Kona coffee," and the "knowledgeable,
passionate, and welcoming guides." One reviewer remarked, "The educational
experience taught me so much about coffee production," while another highlighted the
farm’s environment as a "beautiful, scenic, and genuinely immersive setting." Visitors
consistently note that the experiences at Rising Kona Coffee Farm Tours foster "a deeper
appreciation for Kona’s agricultural heritage" and recommend the tour as "one of the
best things to do on the Big Island."
The name “Rising Kona” reflects the
Applicant’s deep commitment to
uplifting Kona’s farming community.
When acquiring the property in its
abandoned and overgrown state,
Jason Eisert personally led its transformation—reviving the land into a productive coffee
farm, thriving fruit forest, pasture, and educational destination. As a new farmer, he
quickly gained firsthand insight into the challenges local farmers face in achieving
sustainable profitability, securing reliable markets, and balancing preservation with
progress.
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These experiences inspired the creation of Rising Kona, a platform dedicated to helping
Hawaiʻi’s agricultural community rise together. The Applicant now works to share
knowledge, foster collaboration, and educate residents, new farmers, and visitors alike
about Hawaiʻi’s agricultural heritage. The farm also features and sells locally made
products such as Hawaiian cacao tea, vanilla, macadamia nuts, honey, and island-grown
spices, sourced directly from partner farms across the island. By promoting these
partnerships, Rising Kona encourages visitors to support diverse local producers and
strengthens the economic foundation of Kona’s farming community.
The Phoenix logo symbolizes the rebirth of the property and the
broader vision behind Rising Kona—to restore, connect, and sustain
local agriculture. What was once neglected land has become a thriving
agricultural tourism operation, strategically positioned as one of the
more accessible coffee farm tours for residents and visitors in Kona.
Through this transformation, the Applicant demonstrates how
revitalized agricultural lands can educate, inspire, and contribute
meaningfully to Hawaiʻi’s agricultural future.
The parcel already contains substantial infrastructure ideally suited for an agricultural
tourism destination—spacious facilities built originally as a 9,452 sqft corporate retreat
center, visitor access, and direct connection to the adjoining farm below and fruit forest
and pasture on Parcel 14—making it the most practical and efficient location for
expansion of the existing, permitted agricultural tourism operation on Parcel 42 and
ABCO operations permitted on Parcel 14. Driven by the mission of Rising Kona—to
elevate and empower local Kona farmers—the Applicant seeks to create extraordinary
agricultural experiences that become a memorable highlight for every visitor to the
island. By focusing visitor experiences around local farming, sustainable agriculture, and
the rich cultural heritage of Hawaiʻi, this initiative aims to significantly enhance
awareness, appreciation, and engagement with Kona’s vibrant agricultural community.
Through this vision, the Applicant intends to truly "Rise Kona," elevating agriculture as a
central and celebrated aspect of visitor journeys, ensuring lasting impacts on both the
local community and those who visit the island.
While the Applicant’s previous Plan Approval application to conduct agricultural tourism
on Parcel 14 independently from overnight accommodations was denied due to the
inability to separate these two uses on the same land, even if operating independently,
this revised application strategically seeks a Special Permit to harmonize and integrate
agricultural tourism activities across both parcels. Importantly, this request does not
increase the overall visitor capacity already permitted. The existing cap of 30,000 visitors
per year established for Parcel 42 will remain the total limit for agricultural tourism
activities across both parcels.
The simple fact is that the subject property and the existing single-family dwellings were
constructed by the previous landowner as a corporate retreat complex, and it was
largely represented as such during the sale of the subject property. The Applicant's
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similar aspirations for the property were unexpectedly quashed when they started
receiving warning letters and violation notices from the County. The sheer scale of the
subject property, these existing dwellings and support facilities, and the restoration and
maintenance of the existing coffee farm on the adjoining property require extensive
financial resources.
The Applicant views the subject property and its adjoining coffee farm as the “halo”
properties within the Nani Kai Lani and Ka ʻAina Pono subdivisions, representing the
most extensive and intensive agricultural activities within these subdivisions. But the
continued success of the Applicant to maintain these vital agricultural properties is
dependent upon additional revenue streams, because the sale of coffee alone and
current hosted rental operations simply cannot support the entire Estate. The Applicant
has taken extensive efforts to resurrect the subject property and the adjoining coffee
farm that was abandoned by the previous landowner for many years. Without
supplemental income, there is a real risk that the property could once again fall into
abandonment. Due to its unique structure and expansive facilities, future ownership
would likely shift toward higher-impact uses, such as frequent large-scale parties and
events, which would likely create significant community disruption and opposition.
Recognizing this, the Applicant has thoughtfully developed this proposal as the optimal,
low-impact solution, prioritizing agricultural sustainability, community harmony, and
long-term property stewardship.
It has been more than three (3) years since the Applicant ceased all unpermitted Estate
activities while awaiting the hopeful issuance of a Special Permit.
2. Proposed Project Operational Details (refer to Figure 3 – Site Plan) Activities, Frequency
& Operating Parameters (Kona Kai, LLC — Parcels 14 & 42)
Activities in the Main Dwelling: (see Figures 4, 5, & 6)
● Former Use by Previous Owner (2010-2021): Built and used as a corporate
retreat complex for events related to an international commodity company
conducting business in Kailua-Kona. Shortly after its construction, the
property and its facilities remained largely vacant until its purchase by the
Applicant.
● Current Use (May 2021-Present): Hosted short-term vacation rental. The
property manager (host) resides onsite in the second dwelling.
● Proposed Use: See Section 2.1 below.
2.1 Purpose & Scope
This section defines the activity categories, locations, hours, and impact mitigations for
the Project Site. The Special Permit will:
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● Permit agricultural tourism on Parcel 14 to operate in conjunction with existing
hosted rentals, as required by HCC §25-4-15(d)(8), which mandates special permit
authorization when agricultural tourism includes overnight accommodations.
○ NOTE: This request does not increase the number of visitors already allowed
under the existing approval on Parcel 42. It simply allows agricultural
experiences—such as farm tours, tastings, and educational workshops—to occur
on Parcel 14, utilizing existing infrastructure to support active agriculture.
Operations will continue under the same established controls for noise, traffic,
parking, and safety that currently govern the approved visitor capacity and
protect the surrounding community.
All activities will take place within existing buildings and developed areas; no new
construction is proposed. Parking improvements, if required, will be made to meet
County standards. The existing on-site parking is sufficient to accommodate visitors
without creating any off-site parking demand.
2.2 Activity Areas (see below labeled Site Plan and Photos)
Activities will occur only within the following designated areas on Parcel 14 (and the
existing tour/tasting areas on Parcel 42).
A – Main Dwelling (interior rooms)
B – Back Lanai & Immediate Hardscape
C – Pickleball‑Court Enclosure
D – Demonstration Grow Area / Hydroponics Zone
E – Nature Walk / Fruit‑Forest Path
F – Pasture Demonstration Area
G – ABCO Food Truck / Food Hub Area
H – Second‑Story Lanai
I – Parcel 42 (existing approval - will continue operating as-is with approved conditions)
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2.3 Hours of Operation (Global)
● Agricultural Tourism (all categories): 8:00 a.m. – 6:00 p.m. (last start ~5:00 p.m.)
● ABCO Food Hub / Retail Food Establishment (already permitted): 8:00 a.m. –
9:00 p.m.
○ Note: Any culinary session that relies on the existing approved ABCO and extends
into evening will conclude by 9:00 p.m.
● Quiet Hours (entire project site): 10:00 p.m. – 7:00 a.m.
● Amplification: No outdoor amplification 8:00 p.m. – 8:00 a.m.; no subwoofers at
any time.
● Retail Shop (ABCO Supported): The on-site retail shop will be contained within
the existing main dwelling and/or outside premises around the dwelling. There is an
already existing retail shop on Parcel 42 that will still be utilized.
2.4 Agricultural Tourism Activity Categories
The existing approved annual visitor cap of 30,000 participants for agricultural tourism on
Parcel 42 will remain the total cap for both parcels combined. This application does not
seek any increase to the 30,000 annual visitors already approved for Parcel 42; instead, it
allows these already-approved visitors to be distributed across both Parcel 42 and Parcel
14 to better utilize the full range of agricultural resources and infrastructure. By spreading
the same approved visitor count across both parcels, the property can offer more diverse
agricultural programming without increasing the overall impact already evaluated and
approved for the property.
Operational Framework:
● Activities are distributed across parcels based on agricultural assets and infrastructure
● Multiple time slots will be made available to provide visitor flexibility, though historical
data shows typical utilization rates of 40-50% of available slots
● Reservation systems and group size limits ensure activities remain manageable
● Walk-in availability is accommodated within capacity limits
● Programming adjusts to agricultural priorities (harvest seasons, planting cycles, weather
events)
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Offerings remain agriculture-centered. Examples below are illustrative (not exhaustive);
like-kind substitutions are permitted so long as activities remain within the
hours/locations/mitigations set here.
(See proposed activities list on the next page)
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Category Typical
Examples
(illustrative)
Primary
Locations
Typical Session
& Grouping
Built‑In Mitigations
Guided Farm &
Orchard Tours
Coffee belt
history;
fruit‑forest walk;
sustainability
and water use;
soil health
E; limited A/B
for intro/close
~50–60 minutes; Interpretive pace; stay
on trails/paths
Hands‑On
Agriculture
Demonstrations
Propagation,
pruning, grafting,
seasonal
harvests
C/D; limited E
and F
~60–90 minutes; Hand tools only;
materials staged
Coffee Education
& Tastings
Roast demo,
cupping, brew
methods;
seed‑to‑cup
lessons, tastings
A, B, G
(support), H
~60–75 minutes; No outdoor amplification
Culinary
Experiences
(ABCOicwe‑Suppo
rted)
Farm‑to‑table
tastings; product
pairings;
food‑safety/hand
ling modules,
meals, snacks,
and drink service
A (kitchen/
classroom), B,
G, H, C/D/E
limited
~90–160 minutes; Evenings indoors only;
conclude by 9:00 p.m.;
refuse handled via
commercial hauler;
hand‑wash/food‑safety
protocols;
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Culture‑Integrated
Ag
Demonstrations
Lei‑making from
local materials;
moʻolelo tied to
crops; planting
traditions
A/B/E/H ~60–75 minutes; Educational and
agriculture‑centered;
acoustic only; no
performance‑style
amplification
Grower &
Community
Workshops
Composting;
IPM/pest
management;
small‑farm
business/value‑a
dd topics
A/B/C/D/H ~60-300 minutes; Often weekdays;
classroom format; low
traffic/noise
Ag/Nature Art
Workshops
Sketching/paintin
g orchard flora;
botanical
journaling
A/B/E/H/F ~60–120 minutes; Quiet by nature;
Animal husbandry
demonstrations and
interactive livestock
experiences
Livestock care
basics;
supervised
animal feeding;
youth farm
experiences;
hands-on
husbandry
education
A/C/D/E/F ~45-75 minutes Quiet by nature;
Visitor Tracking and Reporting Protocols:
To ensure strict compliance with the approved 30,000 annual visitor cap across both
parcels, we will implement the following measures:
● Real-time Digital Tracking System: All agricultural tourism participants will be logged
through our reservation and check-in system, providing accurate daily, monthly, and
annual counts
● Monthly Internal Reviews: Management will review visitor numbers monthly to ensure
we remain on track with the annual cap
● Annual Reporting: Comprehensive annual visitor reports will be maintained and
available for County review
● Proactive Cap Management: When/if annual participation approaches 85% of the
30,000 cap, we will begin limiting available reservations to ensure compliance
2.5 Hosted Overnight Accommodations (Parcel 14)
Hosted rentals are included in this Special Permit application because Hawaiʻi County
Code §25-4-15(d)(8) explicitly prohibits overnight accommodations as part of agricultural
tourism activities in the Agricultural (A) district "unless allowed by special permit or use
permit." While hosted rentals are currently unregulated on Parcel 14 under existing
County Code provisions, their inclusion in this Special Permit is necessary to authorize the
integration of agricultural tourism activities with the existing hosted rental operations on
the property. This ensures comprehensive regulatory oversight of all visitor-serving
activities and provides operational clarity for the combined uses.
Regulatory Status and Compliance
The County Planning Department has confirmed that hosted rentals are currently allowed
and unregulated in the County Code. As stated in the July 28, 2025 letter from Planning
Director Jeffrey Darrow (File No.: PL-INT-2025-011004, attached as Exhibit J): "you may
now utilize all rooms within the primary dwelling for guest accommodations, provided
that the rental is limited to a single family or a group of no more than five unrelated
individuals, in accordance with the definition of 'family' under County Code Section
25-1-5."
Under this existing letter, hosted rentals on Parcel 14 currently operate within the
County's "family" definition. However, because the "family or five unrelated individuals"
standard is inherently difficult to verify and enforce in a hosted rental context, the
Applicant proposes a more practical and enforceable standard under this Special Permit:
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a hard cap of 19 overnight guests within the primary dwelling. This limit is well below the
structure's physical capacity and provides the County with a clear, objective threshold
that can be readily monitored and enforced, while still accommodating typical group
bookings such as extended families and multigenerational travelers.
This Special Permit application does not request any expansion of the use itself beyond
the County's existing authorization for hosted rentals; it seeks only to (1) formalize hosted
rentals within the Special Permit framework as required by §25-4-15(d)(8) when
agricultural tourism and overnight accommodations operate on the same property, and
(2) substitute an enforceable numeric cap for the existing family-based occupancy
standard.
Operational Details
Guest Capacity: Maximum of 19 overnight guests within the primary dwelling at any one
time. Although the structure could physically accommodate more, the Applicant
proposes 19 as an enforceable ceiling that reflects the scale of typical bookings and
ensures consistency with the rural character of the area.
Frequency: Hosted rental frequency is driven by guest bookings rather than a fixed
schedule. The property currently operates at approximately 60-70% occupancy with
confirmed bookings through 2027. As agricultural tourism programming expands and the
Applicant will gradually reduce marketing and advertising of hosted rentals, with
occupancy rates expected to decline correspondingly. Hosted rentals will be available
primarily as a financial backstop during periods of lower agricultural tourism activity.
Structure: All guest accommodations occur within the primary 9,452 square-foot
dwelling; the Additional Farm Dwelling (AFD) remains dedicated to the onsite host, farm
staff, or family use as required by County.
Hours: Overnight stays do not extend agricultural tourism operating hours; standard quiet
hours apply.
Impact Mitigation
Traffic: Guest arrivals and departures are staggered, and groups generally utilize no more
than four vehicles. The 19-guest cap ensures vehicle counts remain consistent with
single-family residential patterns and historical use of the dwelling.
Parking: Adequate onsite parking exists within the property's existing infrastructure
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Noise: Quiet hours are enforced; Host has on-site noise monitors and onsite staff to
ensure compliance with quiet hours; Overnight guests are provided with property
guidelines emphasizing respect for the rural agricultural character of the area; Host has
allowed vegetation to grow to assist with blocking noise that may carry down towards the
Ka ʻAina Pono subdivision.
2.6 Access, Traffic & Parking Management.
Use of Existing 12-foot wide driveway within Parcel 42 as part of loop driveway system
extending across both properties.
● Loop driveway is paved, approximately 12 feet in width, and has provided
adequate for bi-directional traffic flow between the two properties that comprise
the Project site.
● Total land area within Parcel 42 that is encumbered by the makai section of the
existing driveway is approximately 8,400 square feet.
On‑Site Parking Only: Visitors, vendors, and staff will park only in designated on‑site
areas near the main dwelling and above the pickleball court. No shoulder or street
parking on subdivision roads is permitted. Staff act as greeters/parking marshals as
needed.
Emergency access: Fire lane/turnarounds kept clear at all times; internal loop via Parcel
42’s existing paved driveway (approx. 12 ft wide).
2.7 Cultural Programming Guardrails
The Applicant recognizes the deep connection between Hawaiian culture and the land,
and seeks to respectfully incorporate culturally rooted agricultural activities as part of the
educational experience.
Under Hawaiʻi County Code §25-4-15(d)(8), agricultural tourism in the Agricultural district
"shall not include weddings, parties, restaurants, schools, catered events, or overnight
accommodations, unless allowed by special permit or use permit." While cultural related
agricultural activities are not explicitly prohibited by this provision, it also does not fall
clearly within the enumerated list of activities permitted by right under §25-4-15(d).
Therefore, pursuant to §25-4-15(c), which requires that "agricultural tourism activities in
A, FA, IA, RA, and APD districts that do not conform to section 25-4-15(d) shall obtain a
special permit," this Special Permit seeks authorization to integrate cultural related
agricultural activities as part of the agricultural tourism experience.
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These offerings will be developed in partnership with Native Hawaiian practitioners,
guided by their expertise and lived experience, rather than created or led by the
Applicant.
Preliminary discussions have already begun with native Hawaiian community members to
identify knowledgeable cultural practitioners who can help shape programming that
honors local traditions and agricultural practices. Activities may include examples such as
lei-making using materials grown on the farm, storytelling (moʻolelo) tied to crop cycles,
or demonstrations of traditional planting and harvesting methods. Frequency, group
sizes, etc. are shared above in Section 2.4.
All cultural activities will remain educational, agriculture-centered, and consistent with
the definitions of agricultural tourism under County Code. Programming will be acoustic,
daytime in nature, and without amplification or late-hour activities, ensuring quiet,
respectful, and low-impact engagement aligned with the rural character of the area.
2.8 Administrative Flexibility (Like‑Kind Substitution & Minor Modifications)
To preserve clarity and adaptability without increasing impacts, the Applicant requests a
condition authorizing:
● Substitute like‑kind offerings within the agricultural categories above (e.g., swap
pruning for grafting) without expanding hours/locations or introducing amplification;
● Allow adjustments to per‑session headcounts or session frequency where impacts
(noise/traffic/parking) remain at or below those described herein;
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Figure 3 – Site Plan
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Figure 4 – Main Dwelling Floor Plan
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Figure 5 –Main Dwelling North & West Elevations
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Figure 6 – Main Dwelling South & East Elevations
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Figure 7 – Additional Farm Dwelling Floor Plan
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Figure 8 – Additional Farm Dwelling Elevations
3. Proposed Impact Mitigation Efforts
a. Noise: Implement quiet hours between 10:00pm to 7:00am. Noise management
will be handled by:
o Prohibiting use of voice or music amplification equipment outside of the dwelling
between 8 PM and 8 AM.
o Since February 2022, the area within the home and throughout the property
have been fitted with noise monitors that actively notify owners if noise
thresholds (60 dB(A)) have been exceeded. The property manager resides
on-site, ensuring noise controls are adhered to. Will look towards additional
landscaping to further minimize the potential for excessive noise migrating to
neighboring properties.
b. Traffic: Traffic impacts will be carefully managed through proactive scheduling and
coordination of guest arrivals and departures. Importantly, this proposal does not
increase visitor traffic or intensity of use. The total number of agricultural tourism
visitors remains within the 30,000-visitor annual cap already approved under the
existing agricultural tourism permit for Parcel 42. The proposed integration simply
allows agricultural tourism activities to be conducted across both Parcels 14 and 42,
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resulting in no net increase from the already-approved visitor volume or impact on
surrounding properties.
Adequate on-site parking is provided, with space for approximately 20 vehicles near
the main dwelling and an additional 30 stalls located above the pickleball court.
Further visitor parking is available on the adjoining Parcel 42, which already has
approved parking facilities under its existing agricultural tourism plan approval. No
parking will be permitted on subdivision roadways.
Gate code access will be tightly managed, and all parking will remain fully contained
on-site. The Applicant also intends to work collaboratively with the neighboring
subdivision association, which the Applicant is not a member of, to coordinate
reasonable traffic management practices and maintain open communications.
Together, these measures establish a clear, enforceable framework that maintains
low neighborhood traffic levels, which are already approved, prevents spillover
parking, and preserves the peaceful residential–agricultural character of the
community.
c. Security: Professional on-site management and staff will ensure that the property
and on-site activities are well-monitored and secure, and adhere to controls put into
place to ensure the neighborhood is not significantly impacted. This increased
security can benefit the entire neighborhood. Additional security cameras continue
to be installed in order to continuously monitor activities occurring throughout the
Project Site.
d. Regular communication: The Applicant will maintain open lines of communication
with its neighbors and their association(s), addressing any concerns they may have in
a timely manner.
e. Community asset: The Applicant wishes to be an asset for the community by
offering activities that its direct neighbors could also enjoy, such as educational
walking tours, cultural agricultural activities, and farm to table experiences. The
Applicant also actively supports the local farming community by regularly purchasing
substantial quantities of locally grown products such as coffee, macadamia nuts,
vanilla, honey, ice cream, chocolate, and artisan-crafted items like cutting boards or
hand-made greeting cards. Numerous local farmers have shared written testimonials
highlighting the significant benefits this Special Permit will bring to their businesses
and the broader agricultural community.
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4. Project Timeframe
Upon approval of the Special Permit, the Applicant will promptly apply for Plan Approval,
if deemed necessary, and commence proposed operations and activities within two (2)
years, but preferably as soon as possible, depending on the scope of requirements the
Applicant is expected to satisfy as part of the Special Permit.
C. LAND USE AND OTHER REGULATORY CONSIDERATIONS
1. General Plan Designation: Important Agricultural Lands
The County of Hawaiʻi General Plan is the policy document for the long-range
comprehensive development of the island of Hawaiʻi. The General Plan Land Use
Pattern Allocation Guide (LUPAG) map, as shown on Figure 9 – General Plan LUPAG Map,
classifies the Project Site as Important Agricultural Lands, and describes these lands as
those with better potential for sustained high agricultural yields because of soil type,
climate, topography, or other factors.
However, the General Plan also notes that, “Because of the scale of the Land use Pattern
Allocation Guide maps used to designate Important Agricultural Land, the location of
these lands should be verified by more detailed mapping when considering specific land
use decisions.”
Figure 9 – General Plan LUPAG Map
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2. Kona Community Development Plan
The Kona CDP, adopted by the Hawai’i County Council by Ordinance No. 08- 131 on
September 25, 2008, identifies the preferred land use pattern for the Kona districts. The
Project Site is located outside of the Kona Urban Area and outside of any Rural Town
Areas, as indicated on Figure 10 – Kona CDP
Figure 10 – Kona CDP
3. State Land Use Designation: Agricultural
The Project Site is situated within the State Land Use Agricultural District (see Figure 11 –
State Land Use), which includes lands for the cultivation of crops, aquaculture, raising
livestock, wind energy facility, timber cultivation, agriculture-support activities (i.e.,
mills, employee quarters, etc.) and land with significant potential for agriculture uses.
Uses permitted in the highest productivity agricultural categories are governed by
statute. Uses in the lower-productivity categories – C, D, E or U – were established by
the Land Use Commission to include those uses allowed on A or B lands as well as those
stated under Section 205-4.5, Hawaiʻi Revised Statutes. Note that agricultural suitability
of soils within the Project Site is considered as Class E, or Very Poor.
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Figure 11 – State Land Use
4. County Zoning: Agricultural-5 acres minimum lot size (A-5a)
The Agricultural (A) zoning district provides for agricultural and very low density
agriculturally-based residential use, encompassing rural areas of good to marginal
agricultural and grazing land, forest land, game habitats, and areas where urbanization is
not found to be appropriate. (See Figure 12 – Zoning)
Figure 12 – Zoning
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5. Coastal Zone Management, HRS, Chapter 205A
The entire State of Hawaiʻi lies within the Coastal Zone Management area. The intent of
the Coastal Zone Management Program is to guide and regulate public and private uses
in the coastal zone management area with respect to recreational resources, historic
resources, public access to the shoreline, scenic and open space resources, coastal
ecosystems, marine resources, economic uses, coastal hazards, managing development,
public participation, and beach protection.
6. Special Management Area (SMA)
The Special Management Area is a part of the Coastal Zone Management Program that is
regulated by the County, established to promote the State’s policy to preserve, protect,
and where possible, to restore the natural resources of the coastal zone of Hawaiʻi.
Therefore, special controls on development within the area along the shoreline are
necessary to avoid permanent loss of valuable resources and the foreclosure of
management options, and to ensure that adequate public access is provided to
public-owned or used beaches, recreation areas, and natural reserves, by dedication or
other means. The Project Site is located approximately 1.93 miles from the nearest
coastline and at least 1.65 miles from the closest SMA boundary.
7. Hawaiʻi Tourism Authority (HTA) Strategic Plan 2020-2025
HTA’s mission is to strategically manage Hawaiʻi tourism in a sustainable manner
consistent with economic goals, cultural values, preservation of natural resources,
community desires and visitor industry needs. This mission is embodied in a six (6) year
plan that began in 2020, and organized around four interacting “pillars” supported by
research and other administrative functions. The plan establishes a general goal for each
pillar, as highlighted below:
● NATURAL RESOURCES
Respect for Our Natural & Cultural Resources
Dedicate resources to programs that enhance and support Hawaiʻi’s natural
resources and cultural sites to improve the quality of life for all of Hawaiʻi’s
residents and to enhance the visitor experience.
● HAWAIIAN CULTURE
Support Native Hawaiian Culture & Community
Hoʻoulu (grow) the uniqueness and integrity of the Native Hawaiian culture and
community through genuine experiences for both visitors and residents.
● COMMUNITY
Ensure Tourism & Communities Enrich Each Other
Work to make sure residents and local communities benefit from tourism by
supporting programs valued by the community and aligned with the destination’s
brand and image; informing both residents and visitors of these programs and
events; strengthening relations between residents and visitors; and forming
partnerships to build a resilient tourism workforce and community.
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● BRAND MARKETING
Strengthen Tourism’s Contributions
Take the lead in protecting and enhancing Hawaiʻi’s globally competitive brand in
a way that is coordinated, authentic, and market-appropriate; is focused on
Hawaiʻi’s unique cultures, diverse communities, and natural environment; and
supports Hawaiʻi’s economy.
The Applicant believes the proposed activities align closely with the mission and pillars of the
Hawaiʻi Tourism Authority (HTA). These activities will actively support the responsible and
sustainable use of natural resources, particularly by promoting and enhancing Kona's renowned
coffee cultivation and diverse fruit orchards. The Applicant is deeply committed to providing
meaningful agricultural education, fostering a deeper understanding and appreciation of local
farming practices and sustainable agriculture among both visitors and community members.
While not primarily a site for practicing Native Hawaiian culture, the property's strategic
location within the Kona Coffee Belt strongly supports and enhances the branding and
marketing of Kona and Hawaiʻi Island agriculture.
D. DESCRIPTION OF PROPERTY AND SURROUNDING AREA
1. Project Site
The Project Site (see Figure 13-Aerial Site Plan and Figure 14-Front Aerial Site Plan)
comprises 2 of the 8 lots within the Nani Kai Lani Subdivision.
As reflected in this report, the Project Site has been extensively improved as a
single-family residential homesite with a second dwelling, pickleball court (formerly a
golf driving range) and swimming pool, along with extensive landscaping of both
ornamental and fruit-bearing trees.
Parcel 14 has been extensively landscaped, with much of that landscaping consisting of a
variety of fruit trees, such as avocado, guava, soursop, abiu, lilikoi, lime, citrus, pomelo,
coffee, papaya, rollinia, pineapple, jackfruit, starfruit, orange, noni, kukui nut, and more.
Coffee has also been planted amongst the landscaping. Approximately two acres above
(mauka) the existing dwelling has been converted to pasture with approximately 16
head of sheep.
The makai portion of the Project Site, identified as Parcel 42, currently operates as an
active coffee farm with an established agricultural tourism component. Parcel 42 will
continue to host agricultural tourism activities, including educational walking tours
highlighting sustainable farming practices, Kona coffee's rich history, and the detailed
journey of coffee from tree to cup.
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Figure 13 - Aerial Site Plan
Figure 14 - Front Aerial Site Plan
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2. Parcel Background Information
a. October 13, 2005 - Subdivision application (SUB 05-000198) filed with Planning
Department proposing a 8-lot subdivision to be called Nani Kai Lani Subdivision,
of which 2 of the proposed lots would comprise the Project Site.
b. June 1, 2009 – Building Permit No B2009-0397K issued for the construction of a
2-story, 3-bedroom, single-family dwelling consisting of 1,870 square feet of floor
area as well as a golf driving range within the mauka section of the Project Site.
c. March 1, 2012 – Building Permit No. B2012-0197K issued for the construction of
the one-story single-family dwelling consisting of 9,452 square feet of gross floor
area and consisting of 5 bedrooms, 5 full baths, 2 half-baths, a swimming pool
and processing rooms within the mauka section of the Project Site.
d. March 25, 2014 – Subdivision No. 05-000198 (see Exhibit C) approved by the
Planning Director to allow Nani Kai Lani Subdivision, of which the Project Site
consists of two (2) of eight (8) lots created.
e. September 17, 2021 – Planning Department issues warning letter
(PCV-2021-00010) based on complaint regarding alleged unpermitted operation
of a short term vacation rental (STVR) on Parcel 14.
f. October 4, 2021 – Planning Department conducts investigation into a complaint
regarding alleged operation of an unpermitted STVR found that Parcel 14 is not
being used as a STVR. The Department considered this case closed referencing
PCV-2021-00010.
g. November 1, 2021 - Planning Department issues warning letter
(PCV-2021-00097) concerning unpermitted commercial activities, including
hosted weddings and events, upon Parcel 14.
h. December 3, 2021 – Based on information provided by the Applicant, the
Planning Director rescinds the November 1, 2021 warning letter referencing
PCV-2021-00010, and informs the Applicant that a new warning letter will be
issued to clarify issues regarding activities occurring on Parcel 14.
i. December 8, 2021 – Planning Department issues a new and second warning
letter referencing PCV-2021-00097 regarding alleged operation of an
unpermitted commercial business, hosting weddings and events on Parcel 14.
Corrective action included:
● Confirm if STVR is being conducted on the property.
● Confirm if Hosted Rental is being conducted on the property.
● Host/Operator of Hosted Rental must relocate to main dwelling.
● Convert agricultural storage building into an additional farm dwelling.
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● Cease operation and advertisement of a bed & breakfast operation on
property.
● Cease all non-agricultural activities and events on the property.
● Confirm that golf driving range is for personal use only (note that driving
range facility has since been converted to a pickle ball court).
j. March 4, 2022 – Planning Department acknowledges the Applicant’s responses
to corrective actions demanded by the Department’s December 8, 2021 warning
letter referencing PCV-2021-00097.
k. December 27, 2022 - After much discussion with Applicant, the Planning
Department acknowledges cessation of all unpermitted activities and closes the
file on the matter referencing PCV-2021-00097.
l. January 23, 2023 - Agricultural Tourism Operation and Agricultural-Based
Commercial Operations approved for Parcel 42 (PL-PLA-2022-000153 /
PL-CRT-2022-000033 see Exhibit H). Approval includes walking tours, accessory
retail, onsite coffee roasting, tasting and sampling of Kona Coffee, the sale of
Hawai’i-grown agricultural products, related logo items, off-street parking, and
related improvements for up to 30,000 visitors per year.
m. June 12, 2025 – Agricultural-Based Commercial Operations Certification
approved for Parcel 14 (PL-CRT-2025-000084 see Exhibit I), permitting:
o A Retail Food Establishment (Food Truck) owned and operated by a local
producer, preparing and serving retail food primarily using Hawai’i-grown
agricultural products.
o A Food Hub allowing for the storage, processing, distribution, and sale of
agricultural products grown in Hawai’i, along with value-added products
made from local agricultural produce.
n. July 28, 2025 - Clarification on Hosted Rentals on Agricultural Lots (see Exhibit J).
All rooms in the primary dwelling may be used for guest accommodations so long
as the rental is to a single family or no more than five unrelated persons per HCC
§25-1-5; no short-term rental is allowed in the Additional Farm Dwelling
(host/staff/family use only).
3. Surrounding Zoning/Land Uses
As reflected on Figure 12-Zoning, adjacent properties to the north, east, west and
southeast are zoned Agricultural-5 acre (A-5a) and are used for agricultural and
residential purposes. Properties to the south and southwest within the adjoining Ka
‘Aina Pono Subdivision are zoned Agricultural 1- acre ( A-1a) and consist primarily of
residential uses and undeveloped land.
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Worth noting that of the 8 lots that comprise the Nani Kai Lani subdivision, the Project
Site and lower parcel are the only properties enrolled in the non-dedicated agricultural
use program with the County’s Real Property Tax Division. Within the immediately
adjoining 37-lot Ka ʻAina Pono subdivision, only 2 lots are part of the non-dedicated
agricultural use program. With this information, the Applicant concludes that these two
subdivisions are largely residential estate lots that are not being actively farmed.
4. ALISH: Other Important Agricultural Land
Soils within the Project Site are not classified by the Agricultural Lands of Importance to
the State of Hawaiʻi.
5. Land Study Bureau's Detailed Land Classification System: “E” or “Very Poor”
The soils within the Project Site are classified as Class “E” or “Very Poor” for agricultural
productivity as shown on Figure 15 – Land Study Bureau.
Figure 15 – Land Study Bureau
6. US Soil Survey: Kainaliu-Waiaha complex
Soils within Parcel 14 are described as Kainaliu-Waiaha complex, 10 to 20 percent slopes.
These soils are shallow, well-drained, silty clay loams that formed in volcanic ash fields
on aʻa lava on uplands at an elevation ranging from sea level to 1,000 feet, and are used
mostly for pasture, coffee, and macadamia nuts.
7. FIRM: Zone X
The Project Site is designed within Zone "X" - determined to be outside the 500-year
flood plain. There are no known drainageways traversing through Parcel 14.
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8. Flora/Fauna Resources
No professional surveys were conducted of the flora/fauna resources on Parcel 14 due
to its extensively improved condition as a homesite with extensive support facilities and
landscaping. Therefore, the likelihood of any rare or endangered species, habitat or
flora within Parcel 14 is highly unlikely.
9. Archaeological Resources
No formal archaeological studies have been conducted upon the Project Site due to its
extensively altered and improved nature. There are no known historic sites on the
property as listed on the State or National Register of Historic Places. During any land
disturbance activity, should inadvertent discoveries be made, the Applicant will cease
work and notify the Planning Department and the Department of Land and Natural
Resources-State Historic Preservation Division (SHPD).
10. Cultural Practices or Native Gathering Rights
According to the Applicant, there are no known customary or Native Hawaiian cultural
rights exercised within the Project Site. The Hawaiʻi State Supreme Court's "PASH" and
"Ka Paʻakai O Ka ʻAina" decisions require decision-makers to consider a project's impact
to native Hawaiian gathering and fishing rights. Specifically, there must be a discussion
of the cultural, historical, and natural resources and associated traditional and
customary practices of this area and the impact of this project to these resources and
practices.
Given the that the Project Site is absent of any archaeological features due to its
extensively disturbed condition, it can also be reasonably concluded that native
Hawaiian cultural practices are not being exercised within the Project Site. There are no
caves, springs, puʻu, native forest groves or other natural features. Therefore, the
project site does not contain the quality of resources that would be important for native
gathering. The subject property is not adjacent and/or proximate to the shoreline,
therefore gathering of marine life and coastal access for Native Hawaiian gathering and
fishing rights is not an issue. The Applicant has never observed the Project Site or
adjoining properties as being used by Native Hawaiians for the gathering of plants in
recent times. However, if a legitimate gathering claim is made by a Native Hawaiian, the
Applicant will work with the claimant to respect and honor such claims and provide the
needed access within the site.
11. Public Access
There is no record of a designated public access to the shoreline or mountain areas that
traverses through the Project Site.
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E. PUBLIC UTILITIES AND SERVICES
1. Access
Current primary access from Hienaloli Road to the subject property is from Nani Kailua
Drive (see Figure 16-Nani Kailua Drive at Hienaloli), which is a shared privately-owned
50-foot-wide road and utility easement with a 20-foot-wide pavement and full shoulder
improvements constructed to County-dedicable standards. From Nani Kailua Drive,
access to the subject property then proceeds along Pikake Place (see Figure 17-Pikake
Place, Figure 18-Makai Entrance and Figure 19-Mauka Entrance), another 50-foot wide
privately maintained roadway with a pavement width of 16 feet. Nani Kailua Drive is
constructed to County-dedicable standards, although it remains a gated private road.
Pikake Place is constructed to minimum private roadway standards of the Subdivision
Code.
The Project Site has rights of access over and installation of utilities within the roadway
easements that comprise both Nani Kailua Drive (Easement A-1) and Pikake Place
(Easement A-5), as defined in the following documents attached to this report as Exhibit
A – Warranty Deed and Exhibit B – Grant of Easement with Reservations.
Figure 16 - Nani Kailua Drive at Hienaloli
(note: image taken in 2011 prior to installation of entry gate)
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Figure 17 - Pikake Place
Figure 18 - Makai Entrance
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Figure 19 - Mauka Entrance
2. Traffic
The Applicant provides detailed arrival instructions, emphasizing adherence to posted
speed limits and respectful driving within the subdivision. Existing visible signage at the
Project Site's exit reminds all departing guests to obey the posted speed limit,
reinforcing safe and courteous driving behavior.
Since the approved 30,000 annual visitor cap for Parcel 42 will remain unchanged and
simply be distributed across both parcels, there will be no increase in overall traffic
impact beyond what has already been evaluated and approved. The distribution of
activities across both parcels may actually reduce concentrated traffic impacts by
spreading arrival/departure times throughout the day rather than clustering around
specific tour times currently operating on Parcel 42.
Based on the detailed activity breakdown provided in Section 2.4, anticipated daily
traffic will average 10-50 vehicles per day. This remains consistent with or below the
traffic patterns already observed and approved for the existing agricultural tourism
operations. The Applicant has actively monitored traffic patterns over the past sixteen
months using professional traffic-study equipment, observing a range of approximately
5–50 vehicles per day associated with current tours and activities.
On-site parking is fully contained, with approximately 20 stalls near the main dwelling
and 30 additional stalls above the pickleball court (as needed), ensuring no parking
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occurs on subdivision roadways or shoulders. Additional visitor parking is available on
the adjoining lower Parcel 42, which already includes approved parking facilities under
its existing agricultural tourism plan approval. Together, these areas provide ample
capacity to accommodate all visitors without any off-site parking demand.
The Applicant will maintain transparent and ongoing communication with the
neighboring subdivision association, which manages the roadway, to coordinate
reasonable traffic management practices and promptly address any concerns that may
arise. These measures collectively ensure that traffic remains well-managed, parking is
contained, and the peaceful residential–agricultural character of the community is
preserved.
3. Water
The Project Site is serviced by the County’s water system. The Applicant has been in
communication with the Department of Water Supply (DWS) and each of the Parcels is
currently serviced by an existing 5/ 8- inch meter which is allotted one unit of water that
is equivalent to an average daily usage of 400 gallons per day (gpd) and a maximum daily
usage of 600 gpd.
DWS has indicated that additional units may be available to each parcel, subject to
standard application and availability.
The proposed activities generates no additional water demand beyond what was
previously evaluated and approved for Parcel 42 operations. In fact, distributing
activities across both parcels reduces concentrated demand on any single water meter,
improving system reliability and reducing peak load stress.
The redistribution of activities across both parcels utilizes existing water infrastructure
with improved load distribution:
Potable Water: Agricultural tourism activities are inherently low-water-intensity uses,
primarily requiring only restroom facilities and occasional handwashing stations.
Previously, all agricultural tourism visitors drew water from a single County water meter
on Parcel 42. Under this proposal, this modest water demand will be distributed across
multiple existing water meters serving both parcels, reducing peak demand on any single
meter. The educational nature of agricultural tourism —observing and learning about
farming rather than water-intensive processing or washing—ensures water demand
remains negligible relative to the infrastructure capacity.
Fire Suppression: Adequate fire suppression water is available for emergency response
needs. A County fire hydrant is located on the adjacent property, providing immediate
access to fire suppression water for emergency responders. This existing hydrant,
combined with the multiple County water meters on both parcels, ensures sufficient
water availability for fire department operations if needed. The distribution of activities
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across both parcels does not increase fire suppression water needs beyond what
currently exists, as:
● No new structures requiring additional fire flow calculations are proposed
● Activities utilize existing buildings and established agricultural areas with existing
fire department access
● The rural agricultural nature of the activities (outdoor tours, small group sizes)
presents minimal fire risk
The proximity of the existing fire hydrant and multiple water access points across both
parcels provides adequate fire suppression water availability.
By spreading the same approved visitor load across multiple water infrastructure
systems rather than concentrating it on one parcel, this proposal actually reduces strain
on individual components of the water delivery system while maintaining the same total
consumption previously approved.
4. Wastewater
Wastewater from Parcel 14 will continue to be handled by the existing on-site systems.
The smaller single-family dwelling is served by a septic tank, and the main dwelling is
currently served by an existing cesspool that will be converted to a septic system in
accordance with Hawaiʻi State Department of Health requirements.
Using DOH design standards (approximately 150 gallons per bedroom per day), the
five-bedroom main dwelling and additional five-bedroom capacity septic tank for the
smaller dwelling together correspond to a combined design capacity of well over 1,000
gallons per day. Agricultural tourism is expected to generate approximately 80 gallons
per day at its peak, over 90% below the capacity level. A portable restroom on Parcel 42
will continue to serve activities there, and a portable unit may be used on Parcel 14
along outdoor trails for visitor convenience. Based on these design standards and usage
assumptions, the existing wastewater facilities provide more than enough sufficient
capacity for the proposed activities.
5. Solid Waste
Any solid waste generated by the proposed operations will be disposed of via the use of
commercial solid waste disposal companies. Green waste is diverted from the waste
stream into an on-site composting operation. No significant construction activity is
contemplated to support the requested use, so no construction-related waste is
anticipated.
6. Essential Utilities and Services
Typical utilities, such as electrical, cable, water and telephone services, are available to
the Project Site.
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7. Public Safety
As the Project Site is located within close proximity to Kailua-Kona, police, medical, and
fire services are readily available.
F. STATEMENT OF REASONS IN SUPPORT OF GRANTING SPECIAL PERMIT
1. Such use shall not be contrary to the objectives sought to be accomplished by the Land
Use Law and Regulations
The request is considered an unusual and reasonable use of agricultural lands. The
requested use will actively support and promote the preservation, viability, and
productivity of agricultural lands, aligning positively with the objectives of the State Land
Use Law and regulations. While the General Plan identifies the Project Site as Important
Agricultural Lands, the Project Site remains unclassified lands by ALISH with soils
described as ‘Very Poor’ according to the Land Study Bureau. The Kainaliu-Waiaha
complex series soils within the Project Site are typically found in pasture, macadamia nut
orchards and some truck crops.
The proposal focuses on the utilization of existing structures, not the creation of new
structures that will remove additional agricultural land from potential productive
agricultural use.
The simple fact is that the existing 9,452 square-foot, 5-bedroom single family dwelling,
the two-story additional farm dwelling, surrounding landscaped and cultivated grounds,
~2 acres of pasture with ~16 head of sheep and adjoining 5-acres of coffee require
substantial resources- both manpower and financial- to keep all components flourishing.
The Applicant is currently the most active farmer in either its own Nani Kai Lani
Subdivision or adjoining Ka Aina Pono Subdivision, employing 5 part-time and 4 full-time
staff who maintain both the subject property as well as the adjoining farm, along with an
additional 8 contracted service workers who work regularly on the farm. The Applicant
was also selected as the #1 Pick for the USDA EQIP program in 2023, competing against
hundreds of applicants across the island for this program that provides financial and
technical assistance to agricultural producers.
For the reasons stated above, the Applicant firmly believes that the proposed activities
represent a highly beneficial and strategic use of otherwise marginal agricultural lands,
without compromising the island’s inventory of valuable agricultural resources. To the
contrary, approval of the requested Estate activities will strengthen the Applicant’s
ongoing efforts to enhance its coffee, fruit tree, and pasture operations while also
uplifting the broader agricultural community through collaboration, education, and
expanded market opportunities for local farmers.
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Exhibit D-Agricultural Community testimonies, presents the Applicant’s commitment to
the agricultural community, both locally and internationally, and includes testimonies
from:
● Korean Coffee Importer Partners: Letters in English & Korean.
● Heavenly Hawaiian Farms: A major supporter both in agriculture and business.
● Coffee Q Grader - Alex Hollis: Discussing the Applicant’s farm and coffee.
● David Bateman: Board member of the Hawai’i Coffee Association speaking about
the Applicant’s farm.
2. The desired use shall not adversely affect surrounding properties
The Applicant fully recognizes the importance of maintaining harmony with surrounding
neighbors, particularly those within the adjoining Ka ʻĀina Pono Subdivision, which
historically has provided the primary access to the Project Site. The Applicant has made
himself available to neighbors in his surrounding communities for discussions about this
Special Permit application for more than three years prior to the filing of this application.
Emails and letters were sent to surrounding property owners and all residents in the Ka
ʻAina Pono Subdivision seeking feedback and input about the project and their concerns.
The response, unfortunately, has been very limited and centered around traffic and
noise, both of which the Applicant has committed to mitigating measures as discussed
within this application.
The Applicant's proposed use seeks to significantly reduce potential adverse impacts on
neighboring properties through carefully managed and structured agricultural tourism
operations. The proposed agricultural tourism operations, will primarily conclude by
approximately 6:00 PM, well ahead of quiet hours, significantly reducing the potential
for evening noise disturbances.
Given the substantial size and extensive amenities of the existing home, the Applicant
believes that if the property were to be sold or operated by another party, it is likely it
would revert to its originally intended use as a corporate or private retreat capable of
hosting frequent large-scale parties and gatherings, creating more significant and
uncontrolled impacts on the neighborhood.
In contrast, under the proposed Special Permit, the Applicant’s operations will be highly
structured, closely monitored, and thoughtfully managed to minimize any community
disruptions. Activities will be purpose-driven, focusing on agricultural education,
wellness, and cultural enrichment. These structured operations inherently reduce noise,
traffic, and general disruption compared to typical informal or recreational uses of a very
large estate.
Furthermore, the Special Permit establishes clear operational guidelines and enforceable
restrictions, providing neighbors with predictability and assurance of responsible
management. The Applicant is committed to proactive communication and collaboration
with neighbors, further ensuring that any potential impacts remain minimal and fully
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addressed. This approach represents a substantial improvement in responsible land use
management, ensuring the property contributes positively and respectfully to the
neighborhood's character.
Exhibit E-Community Involvement and Commitment, presents testimonies from the
following community members, companies and organizations :
● Three letters from direct neighbors: Ray Poston, JKS Solutions, and Rick Norris
● Destination Kona Coast, with Mr. Eisert as a board member
● Marissa Ashley
● Food Basket
● Lili'uokalani Trust
● Nick Benoit of Elite Pacific
3. Such use shall not unreasonably burden public agencies to provide roads and streets,
sewers, water, drainage, school improvements, and police and fire protection
The location of Parcel 14 is just outside of Kailua-Kona town ensures that utilities and
services are available to support the requested uses. As previously mentioned, the
Project Site is served by private roadways built to County standards. County water is
available to support the proposed activities. The additional farm dwelling has been
upgraded to a septic system compliant with current Department of Health standards.
The main dwelling currently utilizes a permitted cesspool, which the Applicant will
upgrade to a septic system by the Department of Health's required deadline.
4. Unusual conditions, trends, and needs have arisen since the district boundaries and
regulations were established
Since the district boundaries and zoning regulations were established in the 1960s and
1970s, agriculture in Hawaiʻi has changed dramatically—shifting from plantation-scale
operations to small family farms and individual plots. Unfortunately, traditional farming
has become increasingly difficult and less profitable, forcing many farmers to seek
supplemental means of income simply to continue cultivating their land. Without
diversification and innovation, Hawaiʻi’s agricultural practices face ongoing decline,
threatening the long-term sustainability of the island’s rural economy and agricultural
identity.
The prior owner of the Project Site established a five-acre coffee farm and constructed
two homes with extensive landscaping and cultivated grounds. Maintaining these
structures—particularly the larger dwelling—and sustaining the surrounding coffee,
orchard, and pasture operations require substantial manpower and financial resources.
Through this Special Permit, the Applicant seeks reasonable opportunities to generate
supplemental income from the existing dwellings and infrastructure, ensuring the
continued vitality of on-site agriculture and contributing to the broader effort to uplift
Hawaiʻi’s agricultural community through collaboration, education, and expanded
opportunities for local producers.
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Such ancillary agricultural activities have long been recognized and supported
throughout Hawaiʻi Island, the State, and the nation as essential tools for sustaining
agriculture in modern times. In the Kona region, numerous farms have successfully
integrated visitor-oriented agricultural tourism activities—such as tours, tastings, and
educational events—to support and strengthen their farming operations.
Examples of similar and higher-impact agricultural tourism operations include:
● Doutor Coffee’s Mauka Meadows Farm: Located approximately 1,000 feet north
of the Project Site, this farm has received multiple Special Permits (1995, 2003,
and 2010) allowing a visitor center, public tours, retail product sales (including
non-coffee items), and special events such as weddings, seminars, and
retreats—far exceeding the scope of activities proposed by the Applicant.
● UCC Hawaiʻi Kona Coffee Estate: Situated about 550 feet to the south-southeast,
this commercial coffee estate offers guided tours, tastings, and on-site retail sales
of coffee and souvenirs—demonstrating a successful blend of tourism and
agriculture in the area.
● Mountain Thunder Coffee Plantation: Operating in Kaloko, Mountain Thunder
conducts free daily tours, premium VIP experiences, and retail coffee sales,
supporting its farming operations through consistent visitor engagement. The
plantation is located high in the Kaloko cloud forest, accessible via steep and
winding mountain roads.
● Greenwell Farms: A historic Kealakekua estate that has built a thriving model of
agricultural tourism through guided tours, tastings, and an on-site retail store,
sustaining coffee production while educating visitors.
● Heavenly Hawaiian Coffee Farm: Located in Holualoa, this award-winning farm
offers daily “seed-to-cup” tours, tastings, and a farm-side coffee bar, providing
vital supplemental revenue while promoting Hawaiʻi agriculture to global
audiences. Despite operating along a privately-owned, far narrower and more
winding access road than the Project Site, Heavenly Hawaiian has successfully
accommodated substantial visitor traffic for many years, demonstrating that
thoughtfully managed agricultural tourism can coexist safely and effectively
within Kona’s rural setting.
● Uluwehi Coffee Farm: Located within a privately gated subdivision and accessed
via narrow, winding roads, Uluwehi Coffee Farm offers guided tours and on-site
retail coffee sales. Its long-standing success illustrates that agricultural tourism
can operate safely and harmoniously within gated residential agricultural
communities when properly managed.
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Comparable agricultural tourism and educational operations across the Kona region
have been previously approved under the County’s framework for diversified agricultural
use. These approvals demonstrate the County’s long-standing support for integrating
educational and visitor experiences on working farms. The Applicant’s proposal aligns
with this intent, maintaining an agricultural and educational focus on Agricultural lands.
In comparison to the operations listed above, the Applicant’s proposal is modest and
carefully designed—limited to an agricultural tourism visitor cap that is already
permitted and will remain at 30,000 visitors per year, consistent with the existing
approval for Parcel 42. No increase in visitor volume, traffic, or noise is proposed. Unlike
several of the farms identified above, which operate along narrow, privately maintained,
or winding mountain roads, the Project Site is accessed via wide, fully paved roads built
to County standard, making it far easier and safer to accommodate visitor traffic within
the existing infrastructure.
The activities outlined in this Special Permit application are intentionally structured to
complement and enhance active agricultural operations, providing experiential
education while supporting long-term farm viability. By leveraging the estate’s existing
infrastructure and rural setting, the Applicant can offer immersive agricultural
experiences that deepen public appreciation for farming, foster economic resilience
among local producers, and help ensure that agriculture in Kona not only survives—but
rises again.
5. The land upon which the proposed use is sought is unsuited for the uses permitted
within the district
Soils with the Project Site are classified as “E” or “Very Poor” for agricultural
productivity. However, the Applicant has succeeded in maintaining and enhancing a
number fruit trees throughout the landscaped grounds that surround the existing main
single-family dwelling. Coconut palms, mango, ulu, lychee, coffee, avocado, guava,
soursop, abiu, lilikoi, lime, citrus, pomelo, coffee, papaya, rollinia, pineapple, jackfruit,
starfruit, orange, nyomi, kukui nut, and more have been planted and cultivated. Coffee
has also been planted and maintained amongst the landscaping within the Project Site.
The Project Site is clearly suited for agriculture. The requested Special Permit facilitates
structured agricultural tourism experiences, utilizing existing outdoor grounds, indoor
spaces, and cultivated agricultural areas. This use not only preserves current agricultural
activities but actively enhances agricultural viability by providing essential supplemental
income. By establishing the property as an educational and experiential agricultural
tourism, the Applicant will significantly contribute to local agricultural and cultural
knowledge, benefiting community members and tourists alike. This proactive approach
directly supports and strengthens agricultural practices and land stewardship across the
wider Kona community and beyond.
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6. The proposed use will not substantially alter or change the essential character of the
land and the present use
The existing 9,452 square-foot, 5-bedroom dwelling, originally constructed as a retreat
center, already significantly exceeds the size and scale typically associated with farm
dwellings within agricultural subdivisions. But then again, one has to be mindful of what
is expected within a typical agricultural subdivision. For example, it is not unimaginable
to see tractors, front loaders, bulldozers, backhoes, and other agricultural equipment
running up and down within an agricultural subdivision. Agricultural tourism and
agricultural-based commercial operations are also permitted within agricultural areas.
The noise and traffic associated with agricultural activities are to be expected if one lives
in an agricultural community, which explains why the noise limits within an agricultural
area is 15 decibels louder during the day and 25 decibels louder during the evening
when compared with a residential area.
Given that agricultural tourism is already permitted and actively operating on Parcel 42
for up to 30,000 visitors annually, extending agricultural tourism to Parcel 14 in
combination with the existing hosted vacation rental is not anticipated to alter the
Project Site's essential character. Importantly, this Special Permit request is limited in
scope: it specifically seeks to allow agricultural tourism—already permitted on Parcel
42—to also take place on Parcel 14 concurrently with the already existing hosted
vacation rental use.
In this context, there is no increase in the already approved impact to traffic, noise, or
the surrounding community. The proposal simply allows existing approved
uses—Agricultural-Based Commercial Operations (ABCO), agricultural tourism, and
hosted overnight accommodations—to operate more cohesively and efficiently. This
alignment strengthens the agricultural purpose of the property without altering its
character or expanding its scope.
Therefore, the Applicant believes the proposed use, as outlined in this application, will
effectively maintain and potentially enhance the agricultural and residential character of
the community, while ensuring impacts remain carefully managed, limited, and in
alignment with the established expectations and standards of this agricultural
subdivision.
Exhibit F-Realtor Perspectives regarding the uniqueness of the subject property
presented by:
● Marco Silva
Exhibit G-Legislative Support Letter (Rep. Kirstin Kahaloa) Representative Kahaloa (House
District 6; Majority Caucus Leader; former Chair, Committee on Agriculture and Food
Systems) supports the application, noting the project’s role in diversified agriculture,
education, and responsible agritourism.
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7. The request will not be contrary to the General Plan and official Community
Development Plan and other documents such as Design Plans
In considering the issuance of a Special Permit to allow a particular use, it must be
assessed against the applicable goals, policies and standards of the General Plan. It is
only through a comprehensive policy analysis approach that evaluations and decisions
can be made to better time or stage developments to achieve quality growth. The
implications of these evaluations and decisions must also be considered as they may
have an impact on other similar areas in the County.
Land use is one of the principal focal points of public concern and policy. The Land Use
Element of the General Plan provides the primary basis for direct control and guidance
of publicly and privately owned resources. It is also 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, and to coordinate these uses
with the County's service and circulation systems. The overall Land Use goals, policies
and standards are set forth to physically plan the lands in the County in the best interest
of the island's residents. In addition to its goals, policies and standards, the General Plan
also includes the Land Use Pattern Allocation Guide (LUPAG) Map, which is a graphic
representation of the document's goals and policies to guide the coordinated growth
and development of all sectors of the County by presenting 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 Applicant’s proposal for a comprehensive agricultural tourism operation aligns
closely with the goals, policies, and standards outlined in the Hawaiʻi County General
Plan and the Kona Community Development Plan (CDP). The General Plan provides
overarching guidance for responsible and sustainable land use, promoting agricultural
preservation, economic diversity, and balanced community growth. The Land Use
Pattern Allocation Guide (LUPAG) map identifies the Project Site as “Important
Agricultural Land,” reflecting the County’s intent to preserve and enhance agricultural
resources.
While the Project Site’s soils are classified as “E” or “Very Poor,” the Applicant has
proactively managed the land to maintain productive agricultural use, cultivating
numerous fruit trees, coffee plants, and ornamental species throughout the property.
These actions demonstrate the land’s viability for agriculture despite inherent soil
limitations, reflecting the significant effort and proactive management the Applicant has
invested in cultivating and enhancing agricultural productivity, fully aligning with the
General Plan’s commitment to sustaining agricultural lands.
47 | Page
Therefore, approval of the subject request would support the following goals and
policies of the Land Use and Economic elements of General Plan:
Land Use Element:
● Designate and allocate land areas in appropriate proportions and mix and in
keeping with the social, cultural, and physical environments of the County.
● The County shall encourage the development and maintenance of communities
meeting the needs of its residents in balance with the physical and social
environment.
Economic Element:
● Economic development and improvements shall be in balance with the physical
and social environments of the island of Hawai’i.
● The County shall provide an economic environment which allows new, expanded,
or improved economic opportunities that are compatible with the County' s
natural and social environment.
● The County shall strive for diversification of its economy by strengthening
existing industries and attracting new endeavors.
● The County of Hawai’i shall encourage the development of a visitor industry that
is in harmony with the social, physical, and economic goals of the residents of
the County.
Diversifying the local economy through support for agricultural tourism, an industry that
directly enhances and promotes local agriculture.
Furthermore, both the Hawai‘i County General Plan and the Kona Community
Development Plan explicitly endorse agricultural education and agritourism as vital to
community engagement, economic diversification, and the long-term preservation of
farmlands. The General Plan emphasizes strengthening agriculture by protecting
important agricultural lands from urbanization and even calls for the region to
“encourage eco-tourism and agricultural tourism as regional opportunities” (Section
2.4.8.2(e), General Plan). The Applicant’s proposed operation directly advances these
policy goals by serving as a community hub for hands-on agricultural education and
agritourism, offering residents and visitors immersive learning experiences. This
approach not only bolsters local farming activity but also educates the broader
community – fostering stewardship of the land and sustainable agricultural practices
across Kona in alignment with the General Plan’s vision and the Kona CDP’s objectives.
While the Kona Community Development Plan does not provide specific guidance on
Special Permit applications, one of its principles seeks to “Encourage a diverse and
vibrant economy emphasizing agriculture and sustainable economies.” Moreover, the
Kona Community Development Plan emphasizes the importance of agriculture and
sustainable economic activities. The Applicant’s agricultural tourism operation
contributes positively to this goal by diversifying revenue streams, ensuring the
economic viability of ongoing agricultural activities, and reducing dependency on
traditional overnight accommodations. Agricultural lands are so designated to promote
48 | Page
agriculture. The introduction of structured agricultural tourism to Parcel 14, offers a
responsible and economically beneficial approach, actively fostering community
engagement, agricultural education, and long-term sustainability.
The Special Permit ensures responsible land stewardship by diversifying the Applicant’s
revenue streams in a manner fully compatible with existing agricultural operations and
community values. This approach aligns closely with both the General Plan and Kona
CDP, actively promoting agricultural sustainability, community enrichment, and balanced
economic development.
G. GROUNDS FOR APPROVAL OF A SPECIAL PERMIT (Planning Department Rule Section 6-7)
The Planning Commission shall not approve a Special Permit unless it is found that the
proposed use:
1. Is an unusual and reasonable use of land situated within the Agricultural or Rural
District, whichever the case may be.
In recognizing that lands within Agricultural districts might not be best suited for
agricultural activities and yet classified as such, and in recognition that certain types of
uses might not be strictly agricultural in nature, yet reasonable in such districts, the
Legislature has provided for the Special Permit process to allow certain unusual and
reasonable uses within the Agricultural district.
Agricultural tourism activities by themselves are permitted with a plan approval within
the Agricultural District. Hosted rentals are also allowed and currently unregulated,
provided they operate independently from agricultural tourism and in compliance with
County requirements (see Exhibit J). Hawaiʻi County Code §25-4-15(d)(8) explicitly
prohibits overnight accommodations as part of agricultural tourism activities in the
Agricultural (A) district "unless allowed by special permit or use permit." This Special
Permit is therefore required to authorize the integration of these two independently
allowed uses on Parcel 14. The need for this integration is uniquely prompted by the
exceptional size and existing infrastructure of the estate, creating an unusual
circumstance. The property features a 9,452 square-foot primary dwelling, an Additional
Farm Dwelling, and extensive supporting infrastructure originally designed to
accommodate multiple retreat center and event uses. Given these distinctive conditions,
the combination of structured agricultural education, farm tours, culinary and cultural
experiences, and hosted rentals represents a distinctly reasonable adaptation of land
use that the code anticipates through its special permit mechanism. The scale and
design of the existing facilities further reinforce that this integrated approach is both
unusual and reasonable, enhancing agricultural productivity, economic viability, and
aligning thoughtfully with the Agricultural District's broader goals and intentions.
49 | Page
2. Would promote the effectiveness and objectives of Chapter 205, Hawai’i Revised
Statutes, as amended.
The State Land Use Law and Regulations are intended to preserve, protect and
encourage the development of lands for those uses to which they are best suited in the
interest of the public welfare of the people of the State of Hawaiʻi. In the case of the
Agricultural District, the intent is to preserve or keep lands of high agricultural potential
in agricultural use. Soils within the Project Site are identified as Kainaliu-Waiaha
complex, 10 to 20 percent slopes. These soils are shallow, well-drained, silty clay loams
that formed in volcanic ash fields on aʻa lava on uplands at an elevation ranging from sea
level to 1,000 feet, and are used mostly for pasture, coffee, and macadamia nuts. Soils
are classified as "E" or "Very Poor" soil by the Land Study Bureau's Overall Master
Productivity Rating.
Despite these limitations, the Applicant has successfully cultivated and maintained
thriving coffee farms and diverse orchards on both parcels, demonstrating effective
stewardship and agricultural viability. The issuance of this Special Permit will further
enhance and protect this agricultural productivity by allowing structured agricultural
tourism, educational workshops, and cultural-based agricultural activities. These
activities will provide essential revenue diversification, directly supporting ongoing
agricultural practices and incentivizing continued investment in productive agriculture.
Therefore, rather than adversely affecting the preservation of agricultural lands, the
proposed use actively aligns with and promotes the objectives of Chapter 205. It
reinforces agricultural preservation by enhancing financial sustainability, educational
outreach, and community engagement, ensuring the long-term agricultural use and
viability of these lands.
H. COASTAL ZONE MANAGEMENT
The requested Special Permit, if approved, will not be contrary to Chapter 205A, Hawaiʻi
Revised Statutes, relating to Coastal Zone Management. The Project Site is not situated
within the Special Management Area, being located at least 1.93 miles from the nearest
coastline, and is not subject to any coastal hazard nor is it anticipated to have any
adverse impact upon coastal resources such as coastal recreational and marine
resources, coastal ecosystems or the public use and recreational use of any beach.
There is no record of a designated public access that traverses the Project Site, as the
site has been extensively altered by past grading activities to prepared it as a homesite
and subsequently cultivated with a variety of non-native vegetation. Given that the
Project Site is absent of any archaeological features due to its intensively disturbed
condition, it can also be reasonably concluded that native Hawaiian cultural practices are
not being exercised within the Project Site. There are no caves, springs, puʻu, native
forest groves or other natural features. The Project Site does not contain the quality of
50 | Page
resources that would be important for native gathering. Therefore, it is not anticipated
that the request will have any adverse impact on cultural or historical resources in the
area.
The agricultural landscape within the County and State has evolved over the decades,
migrating from plantation-scale agriculture towards smaller farms and subsistence
agriculture. But it is well known that individuals and entities are finding it more difficult
to solely support themselves solely through the cultivation of their land. Both State and
County laws have evolved over the years to support various types of commercial
activities to assist farmers with supplemental income streams, such as agricultural
tourism and agricultural-based commercial operations. The Applicant’s request is no
different, sort of like what one would encounter at a winery. Therefore, this request is
supportive of the County’s efforts towards properly managing development.
Finally, in terms of the public participation objective, this is generally a public agency
function. This is achieved through the Marine and Coastal Zone Management Advisory
Group (MACZMAG) and the public hearing process required pursuant to the Planning
Commission’s Rules and County Council’s meetings on this application. Notices of this
application will become available through the posting of a sign on the property, as well
as sending two (2) notices to surrounding property owners, one at the time the
application is filed and again, prior to the public hearing.
In view of the Hawaiʻi State Supreme Court's "PASH" and "Ka Paʻakai O Ka ʻAina"
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. As the Project Site is located about
1.93 miles from the shoreline and has been significantly altered in the past, the
Applicant found no valued cultural, historic, or natural resources related to traditional
and customary practices within the project site, and no traditional and customary native
Hawaiian rights are exercised therein. For these reasons, the Applicant could find no
evidence of any possible significant adverse effects or impairments that will occur to any
valued resources should this Special Permit request be approved. Should the Applicant
inadvertently encounter any remains of historic sites, such as rock walls, terraces,
platforms, marine shell concentrations or human burials, the Applicant agrees to cease
work in the immediate area and contact the Department of Land and Natural
Resources-State Historic Preservation Division (DLNR-HPD), resuming activities only
upon securing archaeological clearance from DLNR-HPD when it finds that sufficient
mitigation measures have been taken.
I. CONCLUSION
Based on the analysis and discussion presented above, the Applicant concludes that the
issuance of a Special Permit for a comprehensive agricultural tourism operation,
integrating structured agricultural experiences and hosted rentals within the existing
dwellings on Parcel 14, fully aligns with and supports the objectives outlined by the State
51 | Page
Land Use Law and Regulations. This carefully balanced and thoughtfully managed
proposal ensures continued agricultural productivity, educational enrichment,
community benefit, and the long-term sustainability and economic viability of the
property within the State Land Use Agricultural District. Approval under this Special
Permit preserves agriculture as the primary use by enabling an already successful,
education‑forward ag‑tourism model to operate within existing facilities, without
increasing the 30,000‑visitor cap. This alignment is further reflected in the legislative
support provided by Representative Kirstin Kahaloa (Exhibit G), whose letter affirms that
the proposal advances Hawaiʻi Island’s agricultural sustainability goals and represents a
responsible model of diversified agriculture.
52 | Page
LAND COURT SYSTEM
Return By: Mail (Pickup () To:
Tax Map Key Nos.:(3) 7-5-011-014,
(3) 7-5-011-042
TЕ OF HAW1959
STATE OF HAWAII
BUREAU OF CONVEYANCES
RECORDED
May 21, 2021 8:01 AM
Doc No(s) A - 78110562
Doc 1 of 3Pkg 11781977 SKC
/s/ LESLIE T KOBAТА
REGISTRAR
Conveyance Tax: $26,125.00
REGULAR SYSTEM
TG: 2021142185
TGE: 21178773
RACHEL ACIA
10 Pages
Total Pages:
LIMITED WARRANTY DEED
THIS LIMITED WARRANTY DEED made this day of May, 2021, by and between:
A. KOYO USA CORP., a Hawaii corporation, whose mailing address is 73-4460
Queen Ka`ahumanu Hwy. #124, Kailua-Kona, Hawaii 96740, hereinafter called the "Grantor",
and
В. KONA KAI, LLC, a Utah limited liability company whose mailing address is 621 E
350 N, Provo, Utah 84604, hereinafter called the "Grantee",
WITNESSETH THAT:
CONVEYANCE OF PROPERTY:
The Grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00)
and other good and valuable consideration to the Grantor paid by the Grantee, the receipt of
which is hereby acknowledged, does by these presents grant, bargain, sell, convey, assign and
transfer all of the Grantor's right, title and interest in and to the following:
1810943v1
RS1
The real property described in EXHIBIT A attached hereto and
incorporated herein and made a part hereof by this reference, subject to the
encumbrances noted therein, hereinafter referred to as the "real property",
unto the Grantee as TENANT IN SEVERALTY, its successors and assigns, forever;
And the remainders, rents, issues and profits thereof and all of the estate, right, title and
interest of the Grantor, both at law and in equity, therein and thereto;
TO HAVE AND TO HOLD, the same, as to the real property, together with all
improvements, tenements, hereditaments, rights, easements, privileges and appurtenances
thereunto belonging or appertaining or held and enjoyed therewith, unto the Grantee, subject as
aforesaid, absolutely and in fee simple.
II. GRANTOR'S COVENANTS AND LIMITED WARRANTY:
The Grantor does hereby covenant and agree with the Grantee as follows:
1. The Grantor's title to all of the real property is free and clear of and from all
encumbrances created by the Grantor, except as herein mentioned, those mentioned in said
EXHIBIT A, and the real property taxes which have been prorated between the parties hereto;
2. The Grantor has the good right to grant, sell and convey the real property as aforesaid;
and
3. The Grantor will WARRANT and DEFEND the same unto the Grantee against the
lawful claims and demands of all persons by, through or under the Grantor, except as aforesaid.
IlI. "AS IS" TRANSFER:
The Grantee does hereby acknowledge and agree that, except for the Grantor's
covenants and limited warranty in Section II above, the real property is being conveyed to the
Grantee in an "AS IS" condition, with all faults, and without any representations or warranties of
any kind whatsoever, express or implied, including those with respect to the state, use, operation
or condition of the real property. In accepting this Limited Warranty Deed, the Granteeacknowledges that it has relied solely upon its own inspection, investigation and analysis of the
real property as to the physical condition, zoning, and permitted uses of the real property. The
Grantee does hereby release the Grantor, its successors and assigns, and their respective
directors, officers, members, managers, employees and agents, from any and allactual or
potential rights the Grantee may have regarding any form of warranty, express or implied, of any
kind relating to the real property, except for the Grantor's warranties of title above. By signing
below, the Grantee acknowledges having read and understood these "as is" conditions and
having been advised to consult with an attorney regarding these "as is" conditions.
IV. MISCELLANEOUS:
The terms "Grantor" and/or "Grantee", when used herein, or any pronouns used in place
thereof, shall mean and include the masculine or feminine, the singular or plural number,
individuals or corporations, and each of their respective successors, heirs, executors,
administrators and assigns, according to the context thereof. If this instrument shall be signed by
1810943v1 2
two or more Grantors and/or by two or more Grantees, all covenants of such parties shall for all
purposes be joint and several.
V. COUNTERPART SIGNATURES
This Limited Warranty Deed may be executed in counterparts, each of which shall be
deemed an original regardless of the date of its execution and delivery. All of such counterparts
together shall constitute one and the same document, binding all of the parties hereto,
notwithstanding all of the parties are not signatory to the original or the same counterparts. For all
purposes, including, without limitation, recordation, filing and delivery of this instrument, duplicate
unexecuted and unacknowledged pages of the counterparts may be discarded and the remaining
pages assembled as one instrument.
[SIGNATURE PAGE FOLLOWS]
1810943v1 3
IN WITNESS WHEREOF, the undersigned have duly executed these presents on the day
and year first above mentioned.
KOYO USA CORP, a Hawaii corporation
STATE OF HAWAII
COUNTY OF HAWAII
Dr.Name: Lawrence Visocky
)
}SS:
its: Authorized Representative
"Grantor"
On 5/14/21 2021, before me personally appeared LAWRENCE
VISOCKY, to me known to be the person described in and who executed the foregoing
instrument, and acknowledged that he executed said instrument as his free act and deed, and if
applicable in the capacity shown, having been duly authorized to execute such instrument in such
capacity.
MEL ACI
NOTARY
No.97-695
PUBLIC
STATE OF HAWA
la
Narme of Notary: RACHEL ACIA
Notary Public, State of Hawaii
My commission expires: JUL 14 2021
Doc. Date: 5/14/21 *Pages: t
Notary Name: Rachel Acla Third Circuit
Doc. Descrliption: Limited warantyvantyDeed
5/142
DateNotary Signature
My commission expires 7/14/2021
MASNEL ACIA
NOTARY
No. 97-695
PUBLIC
STATE OF HAW
1810943v1 4
KONA KAI, LLC, a Utah limited liability
company
STATE OF Haшай )
COUNTY OF Hашай SS:
)
On this 13th day of Mau
Name JETFEREY SORENSEN
Its: MANACTER
"Grantee"
2021,
before me appearedeffrey Sovensen to me personally known, who, being by me
duly sworn or affirmed, did say that he/she executed the foregoing instrument as his/her free act
and deed, and if applicable, in the capacity shown, haying been duly authorized to execute such
instrument in such capacity.
EHELACI
NOTARY
No.97-695
(Official Stamp o Geal PUBLIC
STATE OF HAWA
Pal An
Print Name: RACHEL ACIA
Notary Public, State of HawailMy commission expires: UL 14 2021
1810943v1
Doc. Date: 5/13/21
Notary Name: Rachel Acia
#Pages:10
Third CircuitLimited WarrantyDoc. Description:Deed
Notary Signature
My commission expires 7/14/2021
5/3/71
Date
RACHEL ACIA
NOTAR
No. 97-695
PUBLIC
ATE OF HAWR
5
STATE OF Virginia
COUNTY OF Henrico
KONA KAI, LLC, a Utah limited liability
company
By:
ieme: SASON EGEATIts: MANAGER
SS:
"Granteе"
On this 13th day of MPoso ay 2021,
before me appeared asonEisert1 to me personally known, who, being by meduly sworn or affirmed, did say that he/she executed the foregoing instrument as his/her free act
and deed, and if applicable, in the capacity shown, having been duly authorized to execute such
instrument in such capacity.
(Official Stamp or Seal)
arolyn Phillips
Ca
NOTARY
PUBLIC
REG. #7325018MY COMMMISSION
EXPIRES07/31/2023OMMONWEALTHOE VIn.
Print Name:donnitps
Notary PubilC, State of yainia
My commission expires: ully 31,2023J
1810943v1 5
Tax Map Key: (3) 7-5-011-014
Tax Map Key: (3) 7-5-011-042
(Title Guaranty)
EXHIBIT A
Legal Description of Property
ITEM I:
All of that certain parcel of land (being portion(s) of the land(s) described in and covered by
Royal Patent Grant Number 1752 to H. Kawelo and Royal Patent Grant Number 981 to Maewa and Royal
Patent Number 4783, Land Commission Award Number 10404 to Namimi)) situate, lying and being at
Hienaloli 6th, District of North Kona, Island and County of Hawaii, State of Hawaii, being LOT E-1E,
bearing Tax Key designation (3) 7-5-011-014, and containing an area of 5.083 acres, more or less.
TOGETHER WITH a non-exclusive easement for access and utility purposes, as granted by
Grant of Easement with Reservation dated November 5, 2008, recorded in the Bureau of Conveyances of
the State of Hawaii as Document No. 2008-172949, more particularly described therein; and subject to
the terms and provisions contained therein.
TOGETHER WITH a non-exclusive easement for access and utility purposes, over and across
Easement "AU-4", as granted by Grant of Easement dated May 29, 2018, recorded in the Bureau of
Conveyances of the State of Hawaii as Document No. A-67310179, more particularly described therein;
and subject to the terms and provisions contained therein.
Being the land acquired by KOYO USA CORP., a Hawaii corporation, by the Warranty Deed of
CL & D SIX, LLC, a Hawaii limited liability company, dated November 12, 2008, recorded in the Bureau
of Conveyances of the State of Hawaii as Document No. 2008-174279.
ITEM IH
All of that certain parcel of land (being portion(s) of the land(s) described in and covered by
Royal Patent Grant Number 1752 to H. Kawelo and Royal Patent Grant Number 981 to Maewa, and
Royal Patent Number 4783, Land Commission Award Number 10404 to Namimi) situate, lying and being
at Hienaloli 6th, District of North Kona, Island and County of Hawaii, State of Hawaii, being LOT E-1D,
bearing Tax Key designation (3) 7-5-011-042, and containing an area of 5.011 acres, more or less.
TOGETHER WITH a non-exclusive easement for access and utility purposes, as granted by
Grant of Easement with Reservation dated November 5, 2008, recorded in the Bureau of Conveyances of
the State of Hawaii as Document No. 2008-172949, more particularly described therein; and subject tothe terms and provisions contained therein.
TOGETHER WITH a non-exclusive easement for access and utility purposes, over and across
Easement "AU-4", as granted by Grant of Easement dated May 29, 2018, recorded in the Bureau of
Conveyances of the State of Hawaii as Document No. A-67310179, more particularly described therein;
and subject to the terms and provisions contained therein.
Exhibit A, Page 11808721_4
Being the land acquired by KOYO USA CORP., a Hawaii corporation, by the following Deeds:
A. By Warranty Deed of CL & D SIX, LLC, a Hawaii limited liability company, dated
November 12, 2008, recorded in the Bureau of Conveyances of the State of Hawaii as Document No.
2008-174279.
B. By Quitclaim Deed of Ray L. Poston, Trustee under the Ray L. Poston Trust dated
August 13, 2008 and Barbara A. Poston, Trustee under the Barbara A. Poston Trust dated August 13,
2008, dated August 22, 2012, recorded in the Bureau of Conveyances of the State of Hawaii as Document
No. A-52700765.
C. By Quitclaim Deed of Stephen J. Boyl and Christine A. Boyl, husband and wife,
dated August 22, 2012, recorded in the Bureau of Conveyances of the State of Hawaii as Document No.
A-52700766.
D. By Quitclaim Deed with Reservation of Easement of Ray L. Poston and Barbara A.
Poston, husband and wife, and Stephen J. Boyl and Christine A. Boyl, husband and wife, dated March 20,
2015, recorded in the Bureau of Conveyances of the State of Hawaii as Document No. A-55620229.
SUBJECT, HOWEVER, without limitation to the generality of the foregoing, to the following:
1. Mineral and water rights of any nature.
2. The terms and provisions contained in the Declaration of Protective Covenants, Conditions
and Restrictions as to Lot E-2 dated --- (acknowledged June 8, 2005), recorded in the Bureau of
Conveyances of the State of Hawaii as Document No. 2005-117848.
3. The terms and provisions contained in the Declaration of Protective Covenants, Conditions
and Restrictions as to Lot E-3 dated June 8, 2005, recorded in the Bureau of Conveyances of the State of
Hawaii as Document No. 2005-118238.
4. AS TO ITEM I:
(A) Grant dated October 12, 2010, to Water Board of the County of Hawaii, recorded in
the Bureau of Conveyances of the State of Hawaii as Document No. 2010-164805, granting an easement
over and across Access and Utility Easement "A-1E", to install, maintain, operate, repair, remove and
replace all pipelines, equipment, structures, and other related facilities, being more particularly described
therein.
(Note: No joinder by Koyo USA Corp., a Hawaii corporation.)
(B) Grant dated June 14, 2010, to Hawaii Electric Light Company, Inc.
and Hawaiian Telcom, Inc., recorded in the Bureau of Conveyances of the State of Hawaii as Document
No. A-46090620, granting a perpetual right and easements to build, construct, reconstruct, build, operate,
maintain, access, repair and remove overhead and underground power lines and such other appliances and
equipment.
(Note: No joinder by Koyo USA Corp., a Hawaii corporation.)
(C) Grant dated May 29, 2018, to Koyo USA Corp., a Hawaii corporation, Ray L.
Poston, Trustee under The Ray L. Poston Trust dated August 13, 2008, Barbara A. Poston, Trustee
Exhibit A, Page 21808721_4
under The Barbara A. Poston Trust dated August 13, 2008, and Richard C. Norris and Colleen K.
Norris, husband and wife, recorded in the Bureau of Conveyances of the State of Hawaii as Document
No. A-67310179, granting an easement over and across Easement "AU-4" for access and utility purposes
as more particularly described therein.
(D) The terms and provisions contained in the Second Amendment of the Declaration of
Protective Covenants, Conditions and Restrictions for Ka Aina Pono Subdivision dated October 6, 2018,
recorded in the Bureau of Conveyances of the State of Hawaii as Document No. A-69710640.
(Note:
5. AS TO ITEM П:
No joinder by Koyo USA Corp., a Hawaii corporation.)
(A) Grant dated June 1, 2005, to Waiaha System, LLC, recorded in the Bureau of
Conveyances of the State of Hawaii as Document No. 2005-117850, granting an easement for pipeline
purposes as more particularly described therein.
Said Easement was assigned to Waiaha System II, LLC, a Hawaii limited liability
company, by Assignment of Easements made by Waiaha System, LLC, a Hawaii limited liability
company, dated June 29, 2005, recorded in the Bureau of Conveyances of the State of Hawaii as
Document No. 2005-139864.
(B) Grant dated June 1, 2005, to Waiaha System, LLC, recorded in the Bureau of
Conveyances of the State of Hawaii as Document No. 2005-118237, granting an easement for pipeline
purposes as more particularly described therein.
Said Easement was assigned to Waiaha System II, LLC, a Hawaii limited liability
company, by Assignment of Easements made by Waiaha System, LLC, a Hawaii limited liability
company, dated June 29, 2005, recorded in the Bureau of Conveyances of the State of Hawaii as
Document No. 2005-139864.
(C) Grant dated July 15, 2005, to Waiaha System II, LLC, recorded in the Bureau of
Conveyances of the State of Hawaii as Document No. 2005-146396, granting an easement to maintain,
operate, repair, remove and replace any and all pipes or other structures in, over and across the property
described in Exhibit 'A', attached thereto.
(D) Grant dated October 12, 2010, to Water Board of the County of Hawaii, recorded in
the Bureau of Conveyances of the State of Hawaii as Document No. 2010-164805, granting an easement
over and across Access and Utility Easement "A-1E", to install, maintain, operate, repair, remove and
replace all pipelines, equipment, structures, and other related facilities, being more particularly described
therein.
(Note:No joinder by Koyo USA Corp., a Hawaii corporation.)
(E) Grant dated June 14, 2010, to Hawaii Electric Light Company, Inc. and Hawaiian
Telcom, Inc., recorded in the Bureau of Conveyances of the State of Hawaii as Document No. А-
46090620, granting a perpetual right and easements to build, construct, reconstruct, build, operate,
maintain, access, repair and remove overhead and underground power lines and such other appliances and
equipment.
1808721 4
(Note:No joinder by Koyo USA Corp., a Hawaii corporation.)
Exhibit A, Page 3
(F) Grant dated August 22, 2012, to Ray L. Poston, Trustee under the Ray L. Poston
Trust dated August 13, 2008, and Barbara A. Poston, Trustee under the Barbara A. Poston
Trust dated August 3, 2008, recorded in the Bureau of Conveyances of the State of Hawaii as Document
No. A-46240704, granting a non-exclusive easement over and across Easement "AU-E3" for access and
utility purposes, as more particularly described therein and referenced on the map attached thereto.
(G) Grant dated August 22, 2012, to Stephen J. Boyl and Christine A. Boyl, husband andwife, recorded in the Bureau of Conveyances of the State of Hawaii as Document No. A-46240705,
granting a non-exclusive easement over and across Easement "AU-2" for ingress, egress and utility
purposes, as more particularly described therein and referenced on the map attached thereto.
(H) GRANT dated July 24, 2012, William H. Wilton, Trustee under the William H.
Wilton Living Trust dated December 4, 2008, recorded in the Bureau of Conveyances of the State of
Hawaii as Document No. A-46240707, granting a non-exclusive easement over and across Easement
"AU-3" for access and utility purposes, as more particularly described therein and referenced on the mapattached thereto.
(I) Grant dated September 14, 2012, to William H. Wilton, Trustee under the William Н.
Wilton Living Trust dated December 4, 2008, recorded in the Bureau of Conveyances of the State of
Hawaii as Document No. A-46950367, granting anon-exclusive easement over and across for access and
utility purposes, as more particularly described therein.
(J) Grant dated March 20, 2014, to Waiaha System, LLC, a Hawaii limited liability
company, recorded in the Bureau of Conveyances of the State of Hawaii as Document No. A-51930894,
granting an easement over and across Easement "AU-5" for access and utility purposes as more
particularly described therein and referenced on map attached thereto.
(K) Grant dated May 29, 2018, to Koyo USA Corp., a Hawaii corporation, Ray L.
Poston, Trustee under The Ray L. Poston Trust dated August 13, 2008, Barbara A. Poston, Trustee under
The Barbara A. Poston Trust dated August 13, 2008, and Richard C. Norris and Colleen K.
Norris, husband and wife, recorded in the Bureau of Conveyances of the State of Hawaii as Document
No. A-67310179, granting an easement over and across Easement "AU-4" for access and utility purposes
as more particularly described therein.
6. The effects, if any, of Declaration of Heir to Real Property dated August 5, 2006, made by
Howardyne Lorna Spinney "Declarant" in favor of Howardyne Lorna Spinney "Declarant", Heir of
Kewalo (w), recorded in the Bureau of Conveyances of the State of Hawaii as Document No. 2006-145432.
7. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other
matters which a correct survey or archaeological study would disclose.
8. Any unrecorded leases and matters arising from or affecting the same.
END OF EXHIBIT A
Exhibit A, Page 41808721_4
LAND COURT SYSTEM
321
TATEOF HAWAТ
R-218 STATE OF HAWAII
BUREAU OF CONVEYANCESRECORDED
NOV 13, 2008 08:01 AM
Doc No(s) 2008-172949
/s/ NICKI ANN THOMPSON
ACTING REGISTRAR
32 1/2 26
REGULAR SYSTEM
AFTER RECORDATION, RETURN BY: ☑ MAIL ☐PICKUP
THIS DOCUMENT CONTAINS 32 PAGES
K Pono, LLC
73-4174 Hulikoa Drive
Kailua-Kona, Hawaii 96740
TG 395971A
Javet Lum Wan
Easement AFFECTS TAX MAP KEY KEYS: (3) 7-5-012-016; (3) 7-5-011: 014, 027 & 038, and
GRANT OF EASEMENT WITH RESERVATION
(3) 7-5-012: 047 & 048
This Instrument dated ovember 5 2008, made and executed by and
between K Pono, LLC, a Hawaii limited liability company, with its mailing address at 73-4174
Hulikoa Drive, Kailua-Kona, Hawaii 96740; BARBARA FRANCES BOLTON, Trustee under that
certain unrecorded Trust Agreement dated July 24, 1991, a Memorandum of Trust dated July 24,
1991, is recorded in the Bureau of Conveyances of the State of Hawaii as Document Number 91-134465,
possessing full power to acquire, hold, grant, bargain, sell, convey, mortgage, lease, encumber and
hypothecate real and personal property; and FRED ARNOLD BOLTON, Trustee under that certain
unrecorded Trust Agreement dated July 24, 1991, a Memorandum of Trust dated July 24, 1991, is
recorded in said Bureau as Document Number 91-134459, possessing full power to acquire, hold, grant,
bargain, sell, convey, mortgage, lease, encumber and hypothecate real and personal property and both of
whose mailing address is P.O. Box 896, Kailua-Kona, Hawaii 96745-0896 (hereinafter collectively the
"Grantors"), for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other
valuable consideration to the Grantors paid by CL & DSIX, LLC, a Hawaii limited liability
company, with its mailing address at P.O. Box 898, Kailua-Kona, Hawaii 96745-0898 (hereinafter
Kona Coffee Collection
379-15 Jungang-daero,
Jung-gu, Daegu,
Republic ofKorea
41936
October 8th
Dear Leeward Planning Commission,
I am writing on behalf ofKona Coffee Collection Company.
We are pleased to inform you that we have recently imported Kona coffee from Heavenly Hawaiian
Farms and Kona Kai, LLC to South Korea and look forward to our ongoing partnership and growth
together.
We are genuinely impressed by the quality and rich flavor profile of the coffee that Heavenly Hawaiian
Farms and Kona Kai, LLC provided. Our decision to partner with Heavenly Hawaiian Farms and Kona
Kai, LLC is founded not only on the outstanding quality of coffee but also on the shared vision of
growth and commitment to excellence.
We are enthusiastic about our ongoing partnership and are optimistic about the mutual growth
opportunities it presents. Our collaboration symbolizes a synergy between the rich heritage of Kona
Coffee and Kona Coffee Collection's global outreach.
The current Kona Coffee Collection sources Kona beans from Heavenly Farm and Kona Kai, LLC
imports them into South Korea. Within Korea, we handle the roasting, packaging, distributing, and
overall promoting process of the Kona Coffee Collection.
This year, we have launched our Kona Coffee Collection products in South Korea for the first time. We
are currently promoting and selling our products on Instagram and our official website. Offline, we
supply a total of 11 cafes and bakeries within South Korea. For online distribution, we supply through
platforms such as Coupang, Naver, our official website, and the post office website etc.
We eagerly anticipate the continuation of our fruitful partnership and the shared successes that lie ahead
together.
Best regards,
In Sook Bae
President
Kona Coffee Collection
+82)10-9911-1883
coffeein1883@gmail.com
EXHIBIT D
Aloha Leeward Planning Commission, October 4, 2025
I am writing this letter of strong support for Mr. Jason Eisert and Kona Kai, LLC as they seek a
special use permit (SUP), for a new and innovative wellness and education center on five acres
of agriculturally zoned land.
Jason and Kana Kai, LLC have invested significantly in our agricultural community. In addition to
the five acres under consideration herein, Jason is developing a separate adjacent five acre� into
a producing coffee orchard with a roasting pavilion along with an ag-tourism component to
educate visitors on growing, processing, production, and roasting of Kana coffee as a totally
separate agricultural operation. Jason is fully embedded in Kana agriculture.
In fact, Jason has approached local coffee farmers multiple times with inquiries about sourcing
more coffee due to the substantial orders he's begun to receive from his international partners
in Korea. He's been an avid supporter of farms within his direct network and with numerous
smaller farmers who often face difficulties reaching the market, embodying a spirit of
community and ohana within the agricultural sector.
Jason has been an active participant in numerous discussions with other coffee farmers,
consistently demonstrating his commitment to the broader agricultural community. His
insightful dialogues regarding agricultural tourism and strategies to further integrate it into the
local economy have been invaluable. He harbors a genuine desire to give back to the
community, and his SUP application seeks not only to elevate his enterprise but also to enrich
the local agricultural and tourism sectors symbiotically with a very compatible proposed use.
I think a wellness and education center on agricultural land is a perfect fit. Nature is part of
wellness and the healing process. An agricultural setting such as Kana Kai, LLC's with fruit trees,
some coffee trees, walk paths, vegetable gardens and sheep, creates a peaceful environment for
wellness clients and. It is a perfect fit.
I fully support Jason's and Kona Kai, LLC's application for a SUP allowing a wellness and
education center on this property. I firmly believe that the approval of this application will
facilitate not only the growth of Kona Kai, LLC but will also positively impact our local economy
as a new business.
Should you require further information or discussion regarding this endorsement, please do not
hesitate to get in touch with me.
Ma halo for considering my support for Kona Kai LLC's SUP application for a very innovative
el ess atio
a em
17 Makenawai Street
Kailua-Kona, HI 96740
August 30,2025
We are neighbors of The Kailua Kona Estate. We were the
second home to be built in the Nani Kai Lani subdivision and
witnessed the construction of "The Kailua Kona Estate". The
property was built and approved as a retreat, so we knew the
possibility of groups of people visiting the property. We have
never experienced any annoyance from any guests staying
there.
We have since, met and become friends with Jason and many
of his employees and have found them to be respectful,
concerned, and accommodating to us and all other neighbors.
They are not just good neighbors, but extend their friendship
and service to many throughout the Kailua Kona area.
It seems logical for them to be issued a special use permit,
which will allow them to, not only, improve the properties
appearance, but share the Aloha experience of The Big Island
with the community and visitors alike.
Ray and Barbara Poston
EXHIBIT E
To Whom It May Concern:
I am writing as a neighbor and supporter of Jason and the Kailua Kona Estate, operated by Kona Kai LLC.
Over the past few years, I have had the pleasure of witnessing the beautiful development and thoughtful
management of Jason's property which is directly adjacent to mine.
I believe Kailua Kona Estate is a vital part of our community, not only for its hospitable offerings but also
for its agricultural contributions. Jason leads the largest farming operation in our community, where he
oversees the cultivation of a variety of native crops. I understand that Jason's home was constructed as a
retreat center, and I would love to see it used for this purpose.
Jason and his team have always operated with respect and consideration for the surrounding neighbors. I believe that they consistently hold the community's interests at heart as they extend their friendship
and services to the larger Kona community. Their current agricultural endeavor contributes to the beauty
of the neighborhood, boosts the local economy, and displays a true example of sustainable and
harmonious living. Before Jason's management of the estate, the entire area of over 15 acres of land was an overgrown weed patch and looked very bad. It is a huge effort to clean up and maintain that amount
of land and I applaud him for the work he has done, especially as a neighboring property.
I firmly believe that granting the special use permit to Kona Kai LLC would not only facilitate the further
enhancement of the property but would also foster a rich environment where community and
agriculture coexist in harmony. In conclusion, I happily endorse granting the special use permit to Kona
Kai LLC.
Thank you for considering this endorsement. I am hopeful that the special use permit will be granted so
that the estate can be utilized for its highest purpose for the collective community.
Sincerely,
Dear Leeward Planning Commission,
I would like to express my support for Jason, the founder of Kona Kai, LLC, as he applies for a special use permit for his agricultural land. Throughout our interactions, Jason's has impressed me with his respectful communication and attention to detail.
I know Jason from his service on a committee and we both serve as volunteers to help the community. Jason's genuine dedication to these matters highlights his deep concern for our community's future.
Jason is committed to advocacy for sustainable and responsible agricultural practices. Jason, both on the committee and outside the committee, has met with Heather Kimball and others in the County to discuss the future of agricultural land. Their dialogues have centered on the evolving regulations surrounding permissible uses on agricultural land and the potential of agricultural tourism.
Jason has worked very hard to ensure that future regulations align with the evolving needs of the community.
Jason has a commitment to serving the community and advancing agricultural endeavors.
Kind regards,
\..,fYtCUUAiav �
Marissa Ashley
73-4908 Manu Mele Street
Kailua Kana Hawaii 96740
HOUSE OF REPRESENTATIVES
Hale o nā Luna Maka‘āinana
STATE OF HAWAI‘I STATE CAPITOL 415 SOUTH BERETANIA STREET HONOLULU, HAWAI‘I 96813
Representative Kirstin Kahaloa Ka Luna Makaʻāinana State House District 6: Kailua-Kona, Hōlualoa, Keauhou, Kealakekua, Captain Cook, Nāpoʻopoʻo, Hōnaunau State Capitol 415 S. Beretania Street, Room 403 Honolulu, HI 96813
August 7, 2025
Hawaiʻi County – Leeward Planning Commission 101 Pauahi Street, Suite 3 Hilo, HI 96720
RE: Support for Mr. Jason Eisert of Kona Kai, LLC., Special Permit Application
Aloha Chair Au and Members of the Leeward Planning Commission,
I am writing to share comments and support on the Special Permit application submitted by Mr. Jason Eisert of Kona Kai, LLC, which seeks to establish an agricultural tourism operation on Parcel 14 in North Kona.
As the State House Representative for District 6 (Kona – Kailua to Hōnaunau) and the current House Majority Caucus Leader, I remain deeply committed to supporting the resilience and sustainability of Hawaiʻi Island's
agricultural communities. In my prior role as Chair of the House Committee on Agriculture and Food Systems, I worked closely with farmers, community members, and policymakers to support diversified agriculture and ensure that our policies reflect the evolving needs of our rural communities.
Over the past year, I have observed Mr. Eisert's ongoing efforts with Rising Kona Coffee Farm Tours and noted
the development of his agritourism concept. His initiative to incorporate educational and experiential components into the farm's operation reflects a broader trend among Hawaiʻi Island farmers who are exploring diversified, place-based approaches to keep their farms viable. These kinds of efforts – when thoughtfully implemented – can contribute to public awareness of local agriculture while helping famers generate supplemental income. I also understand that Mr. Eisert has made efforts to engage with the community and
refine his proposal in response to neighborhood feedback, which is an important part of any successful rural
project.
Agricultural tourism, or agritourism, represents a pathway for many farmers to remain economically sustainable while fostering deeper public engagement with agriculture. Activities such as tours, tastings, and small-scale
cultural events can help supplement income and build stronger support for local food systems. These types of
uses are often modest in scale and educational in nature, yet they face regulatory hurdles that are often more restrictive than those for other types of commercial or tourism-related activities. This inconsistency can create barriers for responsible farm-based enterprises seeking to diversify in alignment with land use policies and community expectations.
Exhibit G
Representative Kahaloa Letter of Support Jason Eisert, Kona Kai, LLC Special Permit Application Page 2
Representative Kirstin Kahaloa Ka Luna Makaʻāinana State House District 6: Kailua-Kona, Hōlualoa, Keauhou, Kealakekua, Captain Cook, Nāpoʻopoʻo, Hōnaunau State Capitol 415 S. Beretania Street, Room 403 Honolulu, HI 96813
With respect to this proposal, I understand the Special Permit would allow limited, farm-based activities – including educational tours and up to two small-scale, daytime events per month – integrated into an active agricultural operation. Based on the information presented, these activities appear to be structured with attention to scale, timing, and potential neighborhood impacts. As with any land use request, thoughtful oversight and conditions to mitigate unintended consequences are essential.
If Mr. Eisert's proposal continues to reflect a commitment to responsible ʻāina stewardship, community engagement, and alignment with Hawaiʻi Island's agricultural values, I believe it is worthy of careful and balanced consideration. Agritourism, when approached with integrity and sensitivity to place, can contribute to the preservation of agricultural lands, enhance public appreciation for farming, and promote regenerative
models of rural economic activity. Agriculture is not just a sector – it is a testament to the spirit of our island.
It binds our community, keeps our economy robust, and reflects sustainable practices that honor our environment. By focusing on agricultural growth, we not only sustain our communities with local food but also diversify our economy in ways that create jobs and foster long-term economic resilience.
Thank you for your continued leadership in stewarding Hawaiʻi County's land use decisions.
Me ka haʻahaʻa,
Representative Kirstin Kahaloa House District 6 | Kona – Kailua to Hōnaunau Majority Caucus Leader and Former Chair, Committee on Agriculture and Food Systems
Mitchell D. Roth
Mayor
Lee E. Lord
Managing Director
West Hawai`i Office
74-5044 Ane Keohokalole Hwy
Kailua-Kona, Hawai`i 96740
Phone (808) 323-4770
Fax (808) 327-3563
January 23, 2023
County of Hawaii
PLANNING DEPARTMENT
Jason Eisert
Kona Kai, LLC
621 E. 350 N
Provo, UT 84606 3362
Via Email:
Dear Mr. Eisert:
Zendo Kern
Director
Jeffrey W. Darrow
Deputy Director
EastHawai`i Office
101 Pauahi Street, Suite 3
Hilo, Hawai`i 96720
Phone (808) 961-8288
Fax (808) 961-8742
PLAN APPROVAL APPLIED FOR: New Agricultural Tourism Operation and Agricultural
Products Processing, and Agricultural -Based
Commercial Operation: Kona Coffee Farm with Walking
Tours, Accessory Retail, and Onsite Coffee Roasting,
Tasting and Sampling of Kona Coffee, Sale of Hawaii -
Grown Agricultural Products and Related Logo Items,
Off-street Parking, and Related Improvements
TMK: (3) 7-5-011:042 (PL -PLA -2022-000153 / PL -CRT -2022-000033)
We have reviewed and approved the plan for the subject proposed project for FINAL PLAN
APPROVAL. Enclosed is a copy of the FINAL PLAN APPROVAL, PL -PLA -2022-000153,
dated 01/ 12/2023, for your file.
Please note the conditions of approval included as part of the FINAL PLAN APPROVAL.
These conditions must be complied with prior to and during occupancy of the proposed
structures, or as otherwise specified. Some of these conditions affect design or placement
changes you may consider in the course of construction. We strongly recommend discussing
these conditions of approval in advance with any architects, contractors or other third parties
involved in construction decisions and requests for Certificates of Occupancy.
For your information, all accessible parking spaces shall comply with current State and Federal
Standards. Please find the most current requirements at the Disability and Communication
Access Board website at http://health.hawaii.gov/dcab/parking or visit our website for helpful
information: https://www.planning.hawaiicounty.gov/resources/ resources-references.
www.planning.hawaii county.gov Hawai`i County is an Equal Opportunity Provider and Employer planning@hawaiicounty.gov
Exhibit H
Jason Eisert
Kona Kai, LLC
January 12, 2023
Page 2
Should you have any questions, please contact Rosalind Newlon of our West Hawai`i Office at
808- 323-4770 or email Rosalind.Newlon(dhawaiicounty.gov.
Sincerely,
Dattow
Jeffrey Dar w (Jan 30, 2023 12:37 HST)
f ( ZENDO KERN
Planning Director
RJN: ad
PL -PLA -2022-000153
C:\Users\rnewlon\OneDrive - County of Hawaii\Desktop\Newlon-2\Plan Approvals\PL -PLA-2022-000153 Kona
Kai 75011042 Ltr.doc
cc: West Hawaii Office
County of Hawaii Planning Department
www.planning.hawaiicounty.gov • hlanning(ahawaiicounty.gov
East Hawaii Office • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720
Phone (808) 961-8288 • Fax (808) 961-8742
West IlawaPi Office • 74-5044 Ane Keohokalole Hwy • Kailua-Kona, Hawaii 96740
Phone (808) 323-4770 • Fax (808) 327-3563
AGRICULTURAL -BASED COMMERCIAL OPERATION CERTIFICATION
Agricultural -based commercial operations are allowed in the County of Hawai`i on lands classified within
the State Land Use AGRICULTURAL district. The state law, Hawaii Revised Statutes (I{RS) section
205-2(d)(15) states:
d) Agricultural districts shall include:
15) Agricultural -based commercial operations registered in Hawaii, including:
A) A roadside stand that is not an enclosed structure, owned and operated by a producer for the
display and sale ofagricultural products grown in Hawai'i and value-added products that
were produced using agriculturalproducts grown in Hawaii;
Retail activities in an enclosed structure owned and operated by a producer for the display
and sale ofagricultural products grown in Hawaii, value-added products that were
produced using agricultural products grown in Hawaii, logo items related to the producers
agricultural operations, and otherfood items; and
C) A retailfood establishment owned and operated by a producer andperinitted under Title 11,
Chapter 12 of the rules of the Department ofHealth that prepares and serves food at retail
using products grown in Hawaii and value-addedproducts that were produced using
agricultural products grown in Hawaii.
D) A farmers' market, which is an outdoor market limited to producers selling agricultural
products grown in Hawaii and value-addedproducts that were produced using agricultural
products grown in Hawaii; and
E) A food hub, which is afacility that may contain a commercial kitchen and provides for the
storage, processing, distribution, and sale of agricultural products grown in Hawaii and
value-added products that were produced using agricultural products grown in Hawaii.
The owner ofan agricultural -based commercial operation shall certify, upon request ofan gcer
or agent charged with enforcement ofthis chapter under section 205-12, that the agricultural
products displayed or sold by the operation meets the requirements ofthis paragraph.'
B)
CERTIFICATION: I, /2-0^111 /( Gw tV6reAy A^oj ,.cCERTIFY THAT I
HAVE READ THE ABOVE AND THAT THE AG aCULTURAL PRODUCTS
DISPLAYED OR SOLD BY THIS OPERATION MEET THE REQUIREMENTS OF
HRS SECTION 205-2(d)(15). I AM THE AGRICULTURAL PRODUCER WHO OWNS
AND OPERATES THIS AGRICULTURAL -BASED COMMERCIAL OPERATION. I
HAVE A COPY OF THIS SIGNED CERTIFICA
COOV
Owner/Producer/Operator's Name (print)
TMK: -7 l j - 0V2
Phone
Number: o5-
er/Producer/Operator's Signature
Date: Z
Email
over)
If the operator cannot meet the requirements of HRS sec. 205-2(d)(15), a Special Permit is required.
Contact Planning Division staffat (808) 961-8288 for additional information about the Special Permit
application process.
Landowner(s): 4 ; 1j D—C,be-7print) ,
Landowner(s); (sign)—
Location
137---, G ' .7, ` it - Address): /. j >j /: A PC-,! r,
Description of Agricultural -based Commercial Operation (Type of activity; type and size of
structures; days/hours of operation; expected number of vehicles; number ofoff-street parking stalls, ADA
parking, etc.):
z' e&,,,,,tri_13-6 i -1-11 N4 At , -e erl-43-2-.. %r'
Primary Hawaii -Grown ''
Agricultural Products Promoted: 6 -FC f'V),AZ-- IVUTS> 1-10-v,/
Y)
7,
7'.rolGv -h--
i1g
Other
Information: -62i...6. -/`,5e -n, it. tJtb...6661 d\cv
O71
All applications are required to be submitted through the County of Hawaii's new Electronic Processing
and Information Center (EPIC). All documents including this application needs to be submitted and
attached to the electronic application. See attached sheet for additional information.
Clearance (To be conrpleted by Planning Department):
SLU: "A' zoning: A -5a Size of Property: 5.011 Ac. District: N. Kona
ALLOWED NOT ALLOWED: SPECIAL PERMIT REQUIRED
Comments:
Planning Department Reviewer: Rosalind Newlon Date: 01/24/2023
COUNTY OF HAWAII PLANNING DEPARTMENT
FINAL PLAN APPROVAL
PL -PLA -2022- 000153 / PL -CRT -2022-000033)
APPLICANT:
Kona Kai, LLC
LOCATION:
DATE APPROVED: DATE EXPIRES:
January 23, 2023 January 23, 2025
TAX MAP KEY:
Keopu 3rd., Hienaloli 6th, N. Kona, Hawaii (3) 7- 5-011:042
PARCEL AREA/PROJECT SITE AREA ZONE:
5.011 acres/5.011 acres Agricultural (A -5a)
PROPOSED USE:
New Agricultural Tourism Operation and Agricultural Products Processing, and Agricultural -Based Commercial
Operation: Kona coffee farm with walking tours, accessory retail, and onsite coffee roasting, tasting and sampling of
Kona Coffee, sale of Hawaii -grown agricultural products and related logo items, off-street parking, and related
improvements.
As Shown on Plan Comments
Side Yard: (North) 112' OK, 20'-0" Minimum required
Side Yard: (South) 49' OK, 20'-0" Minimum required
Side Yard (East) 38' OK, 20'-0" Minimum required
Side Yard: (West) >20' OK, 20'-0" Minimum required
Ht. of Structure (s): ht.= 10'-4" OK, 45'-0" Maximum height allowed
Access to parking: driveway off of Easement AU -4 OK, Must comply with the requirements of the
Department of Public Works.
Off -Street Parking: 5 parking spaces provided,
including 1 Van accessible
space.
OK,
A. New Ag Tourism Facility —
1) Gazebo on existing concrete pad, for coffee fire
roaster= 192 sq.ft.
1) Gazebo on existing concrete pad, for coffee
products retail display= 331 sq.ft. =
523 sq.ft. (1 parking space per 300 square feet) =
1.74 parking spaces
B. New Ag -Based -Commercial Operation
Two Gazebo structures listed above for coffee fire
roaster and retail display; tasting, sampling and
processing of Hawaii grown coffee for Kona coffee
grown both on-site and off-site; sale of local Hawaii
grown agricultural goods including Kona Coffee,
mac nuts, chocolate, tea, salt, and honey; sale of
logo items, including hats, shirts, tote bag, bracelets,
key chains, mugs and burlap bags related to the
agricultural operation.
Total Required = 1.74 or 2 parking spaces
Hawai'i County is an equal opportunity provider and employer
Final Plan Approval 1/23/2023 (TMK: 7-5-011:042) PL -PLA -2022-000153
Page 2
Loading and
Unloading Space: none provided OK, per Section 25-4-56 (1) = none required for less
than 5,000 square feet commercial/industrial
Density: OK,
Fencing and Walls:
Material: hog wire/wood fence
Height:
Location: north and south sides of parcel
Landscaping: none required OK, Complies with Rule No. 17 of the Planning
Department's Rules of Practice and Procedure
Others Tax Clearance:
Drainage Report
Subdivision of Nani Kai Lani Subdivision
Hawai`i County Code (HCC) 25-4-15:
Visits by buses: No, per applicant's letter
10,000 minimum gross sales per year
Non-agricultural product
sales
Hawai`i County Code (HCC) 25-2-76 (d): inspection
required.
OK, per RPT Tax Clearance dated October 2022
OK, Not required- no ground disturbance — OK per
PD MEMO No. 2021-16 dated 7/13/2021.
OK, SUB 05-000198 approved on 3/25/2014.
OK, per additional information submitted 11/9/2022.
OK, evidence of sufficient investment has been
shown that the agricultural activity and/or
agricultural processing facility will achieve the
minimum required gross sales per Section 25-4-15.
OK, pre -inspection site visit conducted on 1/11/2023,
confirmed that the proposed site has been developed
for agricultural processing of Kona Coffee products
and agricultural tourism. The agricultural activity for
the proposed agricultural tourism is based on existing
and future Kona Coffee crop production, installation
of onsite fire roaster located within a gazebo, for
Kona coffee roasting, and established Kona coffee
farm for walking farm tours, proposed gazebo
location for accessory retail display, for use of
agricultural tourism per 25-4-15 (d) (1).
Conditions of Approval:
1. Applicant shall comply with all other applicable laws, rules, regulations and requirements of Hawaii
County.
Final Plan Approval 1/23/2023 (TMK: 7-5-011:042) PL -PLA -2022-000153
Page 3
2. This Final Plan Approval is valid for two years from the date of approval, and shall expire on 1/23/2025.
3. Prior to approval of a Certificate of Occupancy (C.O.), the Planning Department may inspect the subject
property to verify compliance with the approved plans. A C.O. shall not be approved where the
buildings, site improvements, landscaping or use plans are found by the director to be inconsistent with
the submittals for which the Final Plan Approval is issued.
4. Approved accessible parking to be paved, striped, and appropriate signage installed prior to issuance of
the Certificate of Occupancy. All other required parking shall meet "Standards and Improvements to
off-street parking spaces", per Zoning Code Section 25-4-54 (d)
5. Failure to comply with the requirements of Section 25- 4-15 (d) of Chapter 25, Hawai`i County Code
may result in the voiding of this Final Plan Approval, in which case a Special Permit approved by the
Hawai`i County Leeward Planning Commission shall be required for the owner -operator to continue
agricultural tourism activities on the subject property.
6. Subject to approval of the lots created by Subdivision Approval of SUB -05-000198, approved on March
25,2014.
7. The applicant, its successors or assigns, shall provide a curb or wheel stop for all parking spaces
adjacent to planting or pedestrian areas to protect those areas from overhanging by parked vehicles, per
Planning Department Rule 17, Landscaping, Section 17-6 (d) (2) (B).
S. The applicant is responsible for constructing accessible parking spaces in accordance with all current
County, State, and Federal standards and requirements.
9. No Modifications to Plans without Prior Written Approval. All work shown on the development plans
covered by this Final Plan Approval shall be completed as shown. No additions, substitutions or
alterations to the site, parking, landscaping, or building design plans covered by this Final Plan
Approval, nor any modification of the types of uses designated therein, shall be made without prior
written approval of such changes by the Planning Department. A request for approval of such changes
shall be submitted in writing and include scaled plan sheets clearly depicting and specifying all
proposed changes. Upon assessing the requested changes, the Director may approve or deny the
requested changes or require a new, complete application for Plan Approval where the Director finds the
changes to be substantial. Prior to approval of a Certificate of Occupancy (C.O.), the Planning
Department may inspect the subject property to verify compliance with the approved plans. A C.O. shall
not be approved where the buildings, site improvements, landscaping or use plans are found by the
Director to be inconsistent with the submittals for which this Final Plan Approval is issued.
L7 ftg GU 2Wnw
Jeffrey W. Da row (Jan 30, 2023 12:37 HST)
ZENDO KERN, Planning Director
Date: January 23, 2023
County of Hawai i
PLANNING DEPARTMENT
www.planning.hawaiicounty.gov Hawai i County is an Equal Opportunity Provider and Employer planning@hawaiicounty.gov
Jeffrey W. Darrow
Director
Michelle S. Ahn
Deputy Director
C. Kimo Alameda, Ph.D.
Mayor
William V. Brilhante, Jr.
Managing Director
i Office
101 Pauahi Street, Suite 3
Phone (808) 961-8288
Fax (808) 961-8742
West Hawai i Office
74-lole Hwy
Kailua-Kona, i 96740
Phone (808) 323-4770
Fax (808) 327-3563
June 12, 2025
Jason Eisert
Kona Kai, LLC
75-5785 Pikake Place
Kailua-Kona, HI 96740
Via Email:
Dear Mr. Eisert:
SUBJECT: Application: Agricultural-Based Commercial Operations Certification
For 1) Retail Food Establishment owned and operated by a
producer for and permitted under Title 11, Chapter 12 of the
rules of the Department of Health that prepares and serves food
at retail using products grown in Hawaii and value added
products that were produced using agricultural products grown
in Hawaii (Food Truck) and 2) a Food Hub that provides for
storage, processing, distribution and sale of agricultural
products grown in Hawaii and value-added products that were
produced using agricultural products grown in Hawaii.
(PL-CRT-2025-000084)
Owner/Operator: Jason Eisert, Member of Kona Kai, LLC
Landowner: Kona Kai, LLC
Location: Keopu 3rd, Hienaloli 6th, N. Kona, Hawaii
Tax Map Key: (3) 7-5-011:014, Lot E-1-E, 5.083 acre
Thank you for submitting your Agricultural-Based Commercial Operation Certification
Application (ABCO). As the landowner and farmer-producer you are requesting an ABCO
Certification to operate a working coffee farm and a diversified agriculture farm for a; 1) a Retail
food establishment (Food Truck) and 2) a Food Hub. Operations that will include growing,
processing, packaging, and selling a wide range of Hawaii-grown and raised products. These
products will be used for the meals, snacks and beverages to be made available for purchase from
the mobile food truck on the property in a fixed location. All activities will be held outside any
permitted structures, except for the use of the restroom facilities. The retail food establishment and
food hub will be operated between 8:00 AM to 6:00 PM daily. The Planning Department accepts
the certification for one ABCO Retail Food Establishment and Food Hub based on the following:
Exhibit I
Jason Eisert
Kona Kai, LLC
Ag-Based Commercial Operation
PL-CRT-2025-000084
June 12, 2025
Page 2
FINDINGS
1. Agricultural State Land Use and County Zoning. TMK: (3) 7-5-011:014 is classified in
the state and county Agricultural districts, and the County Zoning is A-5a (Agricultural 5-
acre) and the State Land Use is Agricultural.
2. Permitted Agricultural Land Use. Certification and Registration of the ABCO Retail Food
Establishment and
regulates the permitted uses of lots classified in State Land use (SLU) Agricultural District.
The proposed ABCO Food Hub on TMK: (3) 7-5-011:014 is a permitted agricultural land
use per HRS, section 205-2(d)(15) (C) and (E).
3. The owner and producer Jason Eisert, Member of Kona Kai, LLC, of TMK: (3) 7-5-
011:014, is the proprietor-operator of the existing ABCO Retail Food Establishment and
Food Hub. Mr. Eisert
Permit was obtained, and that under Title 11, Chapter 12 of the rules of the Department of
Health, -
4. The ABCO Food Hub for TMK: (3) 7-5-011:014 is subject to the conditions and
requirements of HRS, section 205-2 (d)(15)(C) and
(HAR), section 11-50. Consistent with the state law, the ABCO owner and operator
certifies the ABCO Retail Food Establishment and Food Hub shall comply with the
statutory requirements of HRS, section 205-2 (d)(15). Additionally, the owner and
operator certify that the Retail Food Establishment and Food Hub shall comply with HAR,
section 11-50 (Food Safety Code).
5. Owner and Operator Certification. Consistent with HRS, section 205-2 (d)(15)(C) and (E),
the ABCO owner and operator certifies that the Retail Food Establishment and Food Hub
operation is The Retail Food Establishment
and Food Hub is for the preparation and serving of food at retail using:
Value-added products that were produced using agricultural products grown in
6. The Planning Director finds that the statutory language of HRS, section 205-2 (d)(15)(C)
and (E) is written in the singular tense; and therefore, accepts the Eisert, Kona Kai, LLC
certification for one Retail Food Establishment and one ABCO Food Hub proposed
for TMK: (3) 7-5-011:014.
Jason Eisert
Kona Kai, LLC
Ag-Based Commercial Operation
PL-CRT-2025-000084
June 12, 2025
Page 3
7. ABCO Retail Food Establishment and Food Hub. The request for certification is to allow
food preparation for the processing of avocado, mango, citrus, papaya, banana, breadfruit,
ulu, vegetables, and greens for the prepared dishes. Additionally, the owner/operator will
serve roasted coffee, bottled drinks, teas, Jama, sauces, spice mixes, baked goods, vinegars,
soaps, skincare products, fermented items, and packaged snacks. They will also serve
meals onsite by appointment using Hawaii grown products and operate the Food Hub to
store, process, distribute, and sell the products. They will also sell logo items related to
agricultural operations.
8. CONDITIONS
Pursuant to HRS, section 205-2 (d)(15)(C) and (E), acceptance of the certification of the
Agricultural- Based Commercial Operation for the Food Hub on TMK: (3) 7-5-011:014 is subject
to the following conditions:
1. Ownership, Operation, and Production. Certification of the Ag-Based Commercial
Operation requires the Retail Food Establishment and Food Hub to be owned and
operated by a producer. In this matter for the ABCO Retail Food Establishment and
Food Hub, and in accordance with HRS, section 205-2-(d)(15)(C) and (E), the Planning
Department interprets the term, Jason Eisert, Member of Kona Kai,
LLC. As the ABCO certification owner, Jason Eisert, Member of Kona Kai, LLC shall
operate the ABCO Food Hub and shall maintain a farming operation of commercial
2. . HRS, section 205-2 (d)(15) (C) and (E) requires the Food Hub
-added products that
3. Restaurant Permit Requirement. The Retail Food Establishment and Food Hub is required
to be permitted or licensed under the applicable and relevant state law administered by the
11, Department of Health Chapter 50 Food Safety Code (effective: September 2, 2017).
4. Restaurant Service to the General Public. Pursuant to HRS, section 205-2(d)(15)(C) and
(E) -based
commercial operation certification enables the use of the existing certified kitchen, subject
-11-50).
5. Off-street Parking. All parking for the Food Hub is required to be off the street and located
on the building site of TMK: (3) 7-5-001:014. For density of parking spaces consistent with
Jason Eisert
Kona Kai, LLC
Ag-Based Commercial Operation
PL-CRT-2025-000084
June 12, 2025
Page 4
the type of commercial activity proposed, you may want to consider parking requirements
-4-51.
6. Catering or Food Preparations for Offsite Consumption. The approval to use an
agricultural food establishment for the preparation of value-added products to support a
catering establishment shall not tacitly imply permission of the sale and/or consumption of
value-added products at an offsite location. The offsite sale and consumption of raw or
value-added products shall comply with all Federal, State, and County laws, ordinances,
rules, and procedures pertaining to the sale and consumption of such products.
7. Written Notification Requirement. The County Planning Department is required to be
notified in writing of any plans to change or expand the Retail Food Establishment and
Food Hub operations from the project description stated in the Ag-based Commercial
Operation Certification. Please note, expansion of the proposed use of the Retail Food
Establishment or
Department of Health.
8. Special Permit Issues.
Commission may be required for any land use or structures that are not a specified
permitted use, pursuant to the applicable and relevant state and county laws.
9. County Construction Standards. Any proposed construction or built improvements to the
existing commercial kitchen are required to obtain the applicable county building,
Works Building Division.
10. Future County Code Standards. The owner-operator-producer of the ag-based commercial
Chapter 25 (Zoning Code), that establishes County regulatory standards for ag-based
commercial operations, permitted pursuant to HRS 205-2-(d)(15).
Should you have any questions, please contact Rosalind Newlon, at the Planning Department (808)
323-4770 or email rosalind.newlon@hawaiicounty.gov.
Sincerely,
JEFFREY W. DARROW
Director
RJN:rjn
C:\Users\rnewlon\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\XW87BOC0\PL-CRT-2025-000084 ABCO Approval Ltr
Kona Kai JR.docx
County of Hawai‘i
PLANNING DEPARTMENT
www.planning.hawaiicounty.gov Hawai‘i County is an Equal Opportunity Provider and Employer planning@hawaiicounty.gov
Jeffrey W. Darrow
Director
Michelle S. Ahn
Deputy Director
C. Kimo Alameda, Ph.D.
Mayor
William V. Brilhante Jr.
Managing Director
East Hawai‘i Office
101 Pauahi Street, Suite 3
Hilo, Hawai‘i 96720
Phone (808) 961-8288
Fax (808) 961-8742
West Hawai‘i Office
74-lole Hwy
Kailua-Kona, Hawai‘i 96740
Phone (808) 323-4770
Fax (808) 327-3563
July 28, 2025
Kona Kai LLC
C/O Jason Eisert
75-5785 Pikake Place
Kailua Kona, HI 96740
Email:
Dear Mr. Eisert:
SUBJECT:Clarification of Hosted Rentals on Agricultural Lots
File No.: PL-INT-2025-011004
TMK: (3) 7-5-011:014, Keopu 3rd - Hienaloli, North Kona, Hawaii
Thank you for your email and update regarding your property.
To clarify, once the Additional Farm Dwelling (AFD) has received final approval and your host
established permanent residence within that AFD, the requirement to maintain a locked-off host
bedroom within the main dwelling no longer applies.
Your host, residing within the approved Additional Farm Dwelling satisfies the requirement for
an onsite host presence.
Accordingly, you may now utilize all rooms within the primary dwelling for guest
accommodations, provided that the rental is limited to a single family or a group of no more than
five unrelated individuals, in accordance with the definition of “family” und
Code Section 25-1-5.
Please ensure that no short-term rental activity occurs within the Additional Farm Dwelling
itself, as that structure must remain dedicated to your onsite host, farm staff, or family use,
consistent with the conditions of your approval.
Should you have any further questions, please feel free to reach out.
Sincerely,
JEFFREY W. DARROW
Planning Director
Exhibit J
.
Jason Eisert
July 28, 2025
Page 2
EGG:
\\coh141v\Planning\Staff\Libby\Enforcement\2025-07-16 Hosted Clarification Letter ltr.doc
From: Jason Eisert
To: Kay, Christian
Cc: Daryn Arai
Subject: Special Permit PL-SPP-2025-000109 (Kona Kai LLC) - Clarifying Scope of Request
Date: Tuesday, July 7, 2026 2:25:39 PM
Aloha Christian,
Thank you for our discussion requesting clarification regarding the extent of overnight accommodations proposed via our Special Permit application.
After considering various factors, I would like to clarify that overnight accommodations
proposed within the existing main dwelling on Parcel 14 be limited to 5 bedrooms with a maximum renter limit of 12 people (2 people per bedroom plus 2 additional people).
Please let us know if there are other questions or need for additional information.
Thank you!
Jason Eisert
Kona Kai LLC
BUILDING DIVISION -DPW
COUNTY OF HAWAI'I -101 Pauahi Street, Suite 7 -Hilo, Hawai'i 96720
Hilo Office (808) 961-8331 • Fax (808) 961-8410 Kana Office (808) 323-4720 • Fax (808) 327-3509
June 30, 2026
TO:
Christian Kay -County of Hawaii -Planning Dept.
County Of Hawaii Planning Department
7 4-5044 Ane Keohokalole Hwy
Kona, HI. 96740
SUBJECT:
Special Permit Application PL-SPP-2025-000109
Applicant: Kona Kai LLC.
Request: To expand an existing Agricultural Tourism Operation onto an Adjacent
parcel with new offerings, including farm to table culinary experiences agricultural
& cultural based experiences & overnight accommodations for up to 19
GUESTS per NIGHT
TMK: (3) 7-5-011 :014 and 042 Hienaioli 6th North Kona, Hawaii
This is to inform you that our records on file, relative to the status of the subject
discloses that:
D No Building permit was issued for work done on the premises.
D No building permit was issued for the change of occupancy.
D At the time of completion, the subject complied with all Building Code
regulations that were in effect.
D Variance from any building regulation (Building, Electrical, Plumbing, or
Sign) was/was not granted.
D The following violations(s) still outstanding: See complaint CE2023-00003
D Building D Electrical D Plumbing D Sign
~ Others: There are presently no open Build. permits or Building Violations
for the listed TMK'S, there is an open Application (AB2009-2969K) for
Private Golf Range, which has a Status of CHK. W. BLDG. and pictures
indicate is an AS-Built condition. If the Request for the special use permit
is granted then Applicant must apply for Building Permits to be in
compliance with 2018 IBC and all other relevant codes.
This status report reflects Building Division records only and does not include
information from other agencies.
Hawai'i County is an Equal Opportunity Provider and Employer
BD-10
Should you have any questions regarding maters contained herein, please feel
free to contact Bill Stewart at phone no. 808-323-4742.
Hawai'i County is an Equal Opportunity Provider and Employer
BD-10
From: Baybayan, Clinton
To: Planning Internet Mail
Subject: FW: Request for Comments on Special Permit Application No. PL-SPP-2025-000109 | Kona Kai, LLC on TMK: (3)
7-5-011:014 & 042
Date: Thursday, June 18, 2026 9:30:34 AM
Attachments: 2026-05-29 Memo to Agencies for Comments (PL-SPP-2025-000109).pdf
Importance: High
Good Morning,
We would need compliance with the following fire codes:
Hawaii County Fire Code/Hawaii State Fire Code
Chapter 18: Fire Department Access and Water Supply
Thank You,
Clinton K. Baybayan Fire Captain Hawaii Fire Department Fire Prevention Branch (W) 808-323-4761
Subject: Request for Comments on Special Permit Application No. PL-SPP-2025-000109 | Kona Kai,
LLC on TMK: (3) 7-5-011:014 & 042
From: Steen, Raimee <Raimee.Steen@hawaiicounty.gov>
Sent: Friday, May 29, 2026 1:18 PM
To: DOA <hdoa.planning@hawaii.gov>; DLNR-Engineering Div. <DLNR.ENGR@hawaii.gov>; Kona
Traffic (alohafidlr@aol.com) <alohafidlr@aol.com>; DPW Eng <dpweng@hawaiicounty.gov>;
Building Division Internet Email <cohbuild@hawaiicounty.gov>; Spielman, Aaron
<Aaron.Spielman@hawaiicounty.gov>; DWS (DWSEngineeringReview@hawaiidws.org)
<DWSEngineeringReview@hawaiidws.org>; Kaiulani Matsumoto <KMatsumoto@hawaiidws.org>;
DEM (COH) <cohdem@hawaiicounty.gov>; HCPDOne <HCPDOne@hawaiipolice.gov>; Baybayan,
Clinton <Clinton.Baybayan@hawaiicounty.gov>; Henderson, Royd
<Royd.Henderson@hawaiicounty.gov>; Kawasaki, Edward <Edward.Kawasaki@hawaiicounty.gov>;
Jo, Keita <Keita.Jo@hawaiicounty.gov>; Miura, Lisa <Lisa.Miura@hawaiicounty.gov>; RPT Mapping
<rptmapping@hawaiicounty.gov>; Morrison, Bethany J <Bethany.J.Morrison@hawaiicounty.gov>;
Palma, Maryam <Maryam.Palma@hawaiicounty.gov>; Kato, Norren
<Norren.Kato@hawaiicounty.gov>; Santiago, Hans <Hans.Santiago@hawaiicounty.gov>; Honda, Eric
<Eric.Honda@doh.hawaii.gov>; Une, Michael Y. <michael.une@doh.hawaii.gov>; Dbedt
<dbedt.luc.web@hawaii.gov>; dbedt.stateplanning@hawaii.gov; DLNR <dlnr@hawaii.gov>; DLNR-
DOFAW <Jay.m.hatayama@hawaii.gov>; Candace Martin <candace.m.martin@hawaii.gov>; Rathje,
Joel T. <Joel.Rathje@hawaiicounty.gov>; Uribe, Amelia <Amelia.Uribe@hawaiicounty.gov>; Dane
Hiromasa <dane.hiromasa@doh.hawaii.gov>; doh.wwb@doh.hawaii.gov; Mark Tomomitsu
<mark.tomomitsu@doh.hawaii.gov>
Cc: Kay, Christian <Christian.Kay@hawaiicounty.gov>; Dacayanan, Melissa
<Melissa.Dacayanan@hawaiicounty.gov>
Importance: High
Good afternoon,
Please see the attached memo requesting your review and comments on the subject
application (linked within the memo).
We kindly ask that you submit your comments to planning@hawaiicounty.gov no
later than June 30, 2026.
If you have any questions, please feel free to contact Planner Christian Kay (cc’d herein)
at (808) 961-8136.
Thank you,
Raimee Steen
Office Assistant | Planning Division
County of Hawaii Planning Department
101 Pauahi Street, Suite 3 | Hilo, HI 96720
Direct: (808) 961-8038 | Main: (808) 961-8288
raimee.steen@hawaiicounty.gov
JOSH GREEN, M.D. KENNETH S. FINK, M.D, MGA, MPH GOVERNOR OF HAWAII DIRECTOR OF HEALTH KE KIA’AINA O KA MOKU’AINA O HAWAI’I KA LUNA HO’OKELE
STATE OF HAWAII DEPARTMENT OF HEALTH
P.O. BOX 916 HILO, HAWAII 96721-0916
MEMORANDUM
DATE: June 1, 2026
TO: Mr. Jeffrey W. Darrow Planning Director, County of Hawaii
FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Special Permit Application (PL-SPP-2025-000109) Applicant: Kona Kai, LLC
Request: To Expand an Existing Agricultural Tourism Operation onto an Adjacent Parcel with New Offerings, Including Farm to Table Culinary Experiences, Agricultural & Cultural Based Experiences, & Overnight Accommodations for up to 19 Guests per Night TMK: 7-5-011:014 and 042, Hienaloli 6th, North Kona, Hawaiʻi
In most cases, the District Health Office will no longer provide individual comments to
agencies or project owners to expedite the land use review and process.
Agencies, project owners, and their agents should apply Department of Health “Standard Comments” regarding land use to their standard project comments in their submittal. Standard comments can be found on the Land Use Planning Review section of the Department of Health website: https://health.hawaii.gov/epo/landuse/. Contact information for each Branch/Office is available on that website.
Note: Agencies and project owners are responsible for adhering to all applicable standard comments and obtaining proper and necessary permits before the commencement of any work.
General summary comments have been included for your convenience. However, these
comments are not all-inclusive and do not substitute for review of and compliance with all applicable standard comments for the various DOH individual programs.
Clean Air Branch
Jeffrey W. Darrow June 1, 2026
Page 2 of 4
1. All project activities shall comply with the Hawaii Administrative Rules (HAR),
Chapters 11-59 and 11-60.1.
2. Control of Fugitive Dust: You must reasonably control the generation of all
airborne, visible fugitive dust and comply with the fugitive dust provisions of
HAR §11-60.1-33. Note that activities that occur near existing residences,
businesses, public areas, and major thoroughfares exacerbate potential dust
concerns. It is recommended that a dust control management plan be developed
which identifies and mitigates all activities that may generate airborne and visible
fugitive dust and that buffer zones be established wherever possible.
3. Standard comments for the Clean Air Branch
are at: https://health.hawaii.gov/epo/landuse/
Clean Water Branch
1. All project activities shall comply with the HAR, Chapters 11-53, 11-54, and 11-55.
1. The following Clean Water Branch website contains
information for agencies and/or project owners who are
seeking comments regarding environmental compliance for
their projects with HAR, Chapters 11-53, 11-54, and 11-55:
https://health.hawaii.gov/cwb/clean-water-branch-home-
page/cwb- standard-comments/.
Hazard Evaluation & Emergency Response Office
1. A Phase I Environmental Site Assessment (ESA) and Phase II Site Investigation
should be conducted for projects wherever current or former activities on site may
have resulted in releases of hazardous substances, including oil or chemicals.
Areas of concern include current and former industrial areas, harbors, airports,
and formerly and currently zoned agricultural lands used for growing sugar,
pineapple or other agricultural products.
2. Standard comments for the Hazard Evaluation & Emergency Response Office
are at: https://health.hawaii.gov/epo/landuse/.
Indoor and Radiological Health Branch
1. Project activities shall comply with HAR Chapters 11-39, 11-45, 11-46, 11-501, 11-502,
11-503, and 11-504.
2. Noise may be generated during demolition and/or construction. The
applicable maximum permissible sound levels, as stated in Title 11, HAR,
Chapter 11-46, “Community Noise Control,” shall not be exceeded unless a
noise permit is obtained from the Department of Health.
3. Construction/Demolition Involving Asbestos: If the proposed project includes
renovation/demolition activities that may involve asbestos, the applicant should
contact the Asbestos and Lead Section of the Branch at
https://health.hawaii.gov/irhb/asbestos/.
Jeffrey W. Darrow June 1, 2026
Page 3 of 4
Safe Drinking Water Branch
1. Agencies and/or project owners are responsible for ensuring environmental
compliance for their projects in the areas of 1) Public Water Systems; 2)
Underground Injection Control; and 3) Groundwater and Source Water Protection
in accordance with HAR Chapters 11-19, 11-20, 11-21, 11-23, 11-23A, and 11-
25. They may be responsible for fulfilling additional requirements related to the
Safe Drinking Water program: https://health.hawaii.gov/sdwb/.
2. Standard comments for the Safe Drinking Water Branch can be
found at: https://health.hawaii.gov/epo/landuse/.
Solid & Hazardous Waste Branch
1. Hazardous Waste Program - The state regulations for hazardous waste and used
oil are in HAR Chapters 11-260.1 to 11-279.1. These rules apply to the
identification, handling, transportation, storage, and disposal of regulated
hazardous waste and used oil.
2. Solid Waste Programs - The laws and regulations are contained in HRS Chapters
339D, 342G, 342H, and 342I, and HAR Chapters 11-58.1 and 11-282.
Generators and handlers of solid waste shall ensure proper recycling or disposal
at DOH-permitted solid waste management facilities. If possible, waste
prevention, reuse, and recycling are preferred options over disposal. The Office
of Solid Waste Management also oversees the electronic device recycling and
recovery law, the glass advanced disposal fee program, and the deposit beverage
container program.
3. Underground Storage Tank Program – The state regulations for underground
storage tanks are in HAR Chapter 11-280.1. These rules apply to the design,
operation, closure, and release response requirements for underground storage
tank systems, including unknown underground tanks identified during
construction.
4. Standard comments for the Solid & Hazardous Waste Branch can be
found at: https://health.hawaii.gov/epo/landuse/.
Wastewater Branch
For comments, please email the Wastewater Branch at doh.wwb@doh.hawaii.gov.
Sanitation / Local DOH Comments:
1. The proposed “Farm to Table Culinary Experiences” operation will need to meet the requirements of Chapter 50, Food Safety Code. Please call our Kona office (Ph. 322-1507) for consultation and additional information.
Jeffrey W. Darrow June 1, 2026
Page 4 of 4
Other
1. CDC - Healthy Places - Healthy Community Design Checklist Toolkit
recommends that state and county planning departments, developers, planners,
engineers, and other interested parties apply these principles when planning or
reviewing new developments or redevelopment projects.
2. If new information is found or changes are made to your submittal, DOH reserves
the right to implement appropriate environmental health restrictions as required.
Should there be any questions on this matter, please contact the Department of
Health, Hawaii District Health Office, at (808) 933-0917.
From: Ruth Koontz
To: Planning Internet Mail; Kay, Christian
Subject: Application No. PL-SSP-2025-000109-Rising Kona Coffee Farm/Kona Kia LLC ( July 16, 2026 hearing) Letter of.
support
Date: Wednesday, July 1, 2026 7:10:29 AM
Attachments: Leeward Planning Commission.pdf
Please consider this letter of support
From: Erin Gallogly
To: Planning LPC Testimony; Planning WPC Testimony; Planning Internet Mail; Inaba, Holeka; Villegas, Rebecca; Mayor"s Office Executive
Subject: Request to Removal or Delay the 7/16/2026 Leeward Planning Commission Agenda Item 2 - APPLICANT: Kona
Kai (PL-SPP-2025-000109)
Date: Thursday, July 2, 2026 8:57:20 PM
Aloha Mayor Alameda, Ladies and Gentlemen of our Leeward & Windward Planning Commissions, Councilman Inaba, Councilwoman Villegas, and County of Hawai‘i
Planning Department,
The Leeward Planning Commission (LPC) published an Amended Agenda for their 7/16/2026 meeting on 7/1/2026. We request the LPC remove or postpone Agenda Item
2. APPLICANT: Kona Kai (PL-SPP-2025-000109) due to time constraints.
As a neighbor and community advocate for those living in the adjoining Ka Aina Pono (KAP) Subdivision, many neighbors have strong concerns and a Petition for Standing in
Contested Case Hearing is likely to be filed.
The Amended Agenda was posted less than two business days before a three-day Federal and State holiday. There are less than five business days to gather information to
file a Petition, which must be filed by 7/8/2026.
Given the strong opposition to the Special Permit, we respectfully request the LPC to remove Agenda Item 2 from the 7/16/2026 LPC Meeting.
Please contact me at 808-478-6071, erin.gallogly@gmail.com, if you have any
questions. Mahalo for your attention to this matter.
Have a blessed 4th of July holiday. God Bless America!
peace.w/aloha, e
Erin J Gallogly, 808.478.6071, erin.gallogly@gmail.com L♡ve > h8
From: Jason Eisert
To: Kay, Christian; Planning Internet Mail; Daryn Arai
Subject: Fwd: Marissa Ashley
Date: Friday, July 3, 2026 4:01:24 PM
Attachments: Leeward Planning Commision July 3rd, 2026.pdf
> Date: Fri, Jul 3, 2026 at 3:47 PM
To: Jess Jason Eisert ( ) < >
Aloha Christian,
Please see the attached updated testimony for Marissa Ashley. For your report, if you could please update her exhibit with this one that would be great
Mahalo!
Jason
---------- Forwarded message ---------
From: Marissa Ashley <
Subject: Here you go!
Marissa Ashley
REALTOR, PB, Owner
Action Team Realty, Inc.
Cell phone: 1-808-938-8789
Land Line: 1-808-329-8626
July 31,2026
Dear Leeward Planning Commission,
I would like to express my support for Jason Eisert,the founder of Kona Kai,LLC,as he applies for
a Special Use permit for his agricultural land.Throughout our interactions,Jason's has impressedmewithhisrespectfulcommunicationandattentiontodetail.
|know Jason from his service on a committee,on which we both serve as volunteers,to helpthecommunity.Jason's genuine dedication to these matters highlights his deep concern for
our community's future.
Jason is committed to advocacy for sustainable and responsible agricultural practices.Jason,
both on the committee and outside the committee,has met with Heather Kimball and othersintheCountygovernment,to discuss the future of agricultural land.Their dialogues have
centered on the evolving regulations surrounding permissible uses on agricultural land.
Jason has worked very hard to ensure that his permit would align with the State Requirements,
and County Objectives you are discussing under Bill 147.Heather has testified repeatedly thatthisprocesswillnotshutdownownersonAgriculturallandattemptingtodohostedrentals.Hereyouhaveoneofthoseveryexamplesofapersonwhohasdoneeverythingaskedofhimandhasworkeddiligentlywithallthestakeholderstoensurecompliance.If it is not as simple as hadbeenrepresentedinBill147,and you have concerns about this application,then |respectfullyaskyoutodeferBill147tomakeaprocessthatdoeswork.
Jason has a commitment to serving the community and advancing agricultural endeavors.
Kind regards,
Marissa Ashley
73-4908 Manu Mele Street
Kailua-Kona Hawaii 96740
From: Erin Gallogly
To: Planning Internet Mail
Cc: Mayor"s Office Executive; Planning LPC Testimony; Planning WPC Testimony; Inaba, Holeka; Villegas, Rebecca;
Kimball, Heather; Kierkiewicz, Ashley; Kay, Christian
Subject: Planning Department Recommendation: Kona Kai Eisert Special Permit PL-SPP-2025-000109 filed 5/6/2026
Date: Sunday, July 5, 2026 1:26:12 PM
Attachments: 20260703_Notify Ltr 2_PL-SPP-2025-000109_Kona Kai.pdf
Aloha Director Darrow, I strongly recommend you provide a negative recommendation for Kona Kai's 2026
Special Permit given:
Kona Kai accesses its two properties over two private roads, owned by 21 Property Owners who granted
access and utility easements. These 21 Owners have not given permission. Kona Kai's current activities
burden the two easements (A-1 and A-5) and are used unreasonably. You have Attorney Michael
Matsukawa's 3/1/2024 Letter offering either the 21 Property Owners/Easement Grantors approving or a
Circuit Court judgment regarding use of Easements A-1 and A-5;
Kona Kai LLC is a Defendant in a lawsuit (3CCV-25-0000085) before the Third Circuit Court. This case
concerns property owner rights and reasonable use of easements; and Hawai‘i Supreme Court's decision (SCAP-22-0000371, 9/24/2024), the Intermediate
Court of Appeal's remanding the Ford v CoH Board of Appeals (BoA), Dept of Planning, Neal & Zanone (3CCV-23-0000200) case back to the CoH BoA, which has
yet to be scheduled (?), and the pending CoH Bill 147 with stiff requirements for Bed and Breakfast (aka hosted rental) in State Ag Land. [NOTE: If/when Bill 147 is passed,
the Special Permit for overnight lodging will not comply with the Bill's provision that the owner live in the same dwelling. How will anyone confirm Mr. Eisert has moved
from this additional farm dwelling (aka Guest House) into one of the permitted five bedrooms in the primary farm dwelling/single family home (aka Mansion)?]
therefore, these reasons are sufficient to warrant a negative recommendation.
ADDITIONAL REASONS:
CoH Planning Department's recommendation will set a precedent for community overrides island wide, and
that this particular situation, accessing a commercial use through a restricted access, in a residentially
dominated agricultural community is the worst possible precedent for the Planning Department and the
Planning Commissions to take, particularly in light of the values assert in the pending new General
Plan. Kona Kai's Agricultural Tourism Permit did not solicit information from the neighboring community
and especially the 21 Easement Grantors.
The application is not a "low-impact solution," does not prioritize "agricultural sustainability," and does not
provide "community harmony." The plan to "gradually reduce marketing and advertising of hosted rentals,
with occupancy rates expected to decline correspondingly. Hosted rentals will be available primarily as a
financial backstop during periods of lower agricultural tourism activity" is a nice sentence but neither
feasible, acceptable, nor sustainable. Given Kona Kai Estates rents its 9,000+sf mansion for $2,500-
5,000/night for 60-70% occupancy, it is practically impossible for the current 100 coffee trees, free coffee
farm tours, goat petting to exceed that income without extensive "farm-to-table culinary experiences" (aka
upscale dining in one of the "2" current restaurants advertised on vacation hosting websites) and overnight
rentals.
The 2026 Special Permit application is filled with false, possible fraudulent, misleading, and old
information.
Compare the Letters of Support provided to Kona Kai in the 2023 Special Permit Application (PL-
SPP-2023-000054) and 2026 Special Permit Application. Perhaps contact those individuals to
confirm they support this 2026 Special Permit Application. The three Nani Kai Lani (NKL)
neighbors are either mauka/east of Kona Kai and are not affected by noise and traffic from these
activities. The other NKL neighbor is a member of Kona Kai, LLC and is land-locked between two
NKL neighbors, one of which is Parcel 42.
Inspect the photos, maps, diagrams submitted. Why are these outdated materials used when
technology exists to easily provide current information. "A picture is worth a 1,000 words." Do
these documents "show" ground truth or lead the reader to believe something vastly different? For example, the adjoining neighborhood, Ka Aina Pono (KAP) is a private gated community not under the authority or jurisdiction of the CoH Department of Public Works. Approximately 42 families contribute to the maintenance of the road and gate. Thirty-thousand (30,000) visitors to two properties greatly exceeds the visitors to the 21 Easement Grantors' homes and other 19 KAP Members' homes. The KAP Roadway Maintenance Association (KAP RMA) Inc, does not own any real property; the 37 KAP Lot Owners/Class A Members own all the real property in the KAP Subdivision. Easements: what attempts has Kona Kai made to obtain easements through other properties?
of the three parcels Kona Kai sold in 2023, one has granted an easement and another wrote a
Letter of Support and is a member of Kona Kai LLC. have there been attempts to contact the property owner of the 38 acres to the north? An
easement to the north has many options. have there been attempts to contact the property owners mauka/east of the two neighbors
who wrote Letters of Support? An easement mauka/east has many options. Previous complaints: Not all complaints are listed in the Application. As you are aware there were
two Complaints made in 2024 that went to the CoH BoA; there were two other Complaints regarding fire-knife performances that never received a Closure Letter; there have been numerous complaints to the Police Department, which were advised to address in Civil Court. Go to VRBO, Booking.com, AirBnB and the associated reviews with guests remarking about their
25 guests all fitting in the house, five permitted bedrooms and two flex rooms, seven bedrooms, eight bathrooms, two restaurants, the family-friend restaurant serves American cuisine, rental vehicles, spa, yoga classes under the Kona Kai Estate, 9,000sf vacation rental not the current Ag Tourism Permit for Parcel 42. Mr Eisert testified these items were block checks on the hosted websites. Can he not "uncheck" those blocks for these services? Noise complaints: neighbors will testify about the amplified indoor noise. Mr. Eisert replies they are
in compliance, there are noise monitors for 60 dbls (a normal conversation), and when neighbors text they are calling the police, a kill switch is hit and complete silence. See the reviews from guests saying they had to be quiet due to old neighbors. Enforcement:
CoH Planning Department and Police Department cannot enforce the current situation. Will
someone from the CoH PD or HPD come out at 11pm to count the overnight guests or will the host comment, oh, they are just leaving now...... self-enforcement does not occur otherwise the neighbors would have no idea he was/is/will
conduct hosted rentals, vehicle rentals, moped (?) rentals as the noise whether amplified or not would not raise above his 60 dbl level and the guest would drive 15mph.
RECOMMENDATIONS: Can you take a tour as a citizen or would it be inappropriate given the situation? Ask the Corporate Counsel. If you are unable, can you talk to someone
who has visited Kona Kai Estate / Rising Kona Coffee & Kona Premium Coffee (formerly Cornwell Coffee Farm)?
Then conduct an official inspection/visit to see/test/hear other items you would not see on a tour.
See agricultural operations at both Rising Kona Coffee Farm in Kailua-Kona (Parcel 42 with current Agricultural Tourism Permit) and Kona Premium Coffee in Holualoa,
which is owned by Kona Kai. Check out all the buildings on Kona Kai's Parcel 42 and 14 and see what they are used
for. Look makai at the Lokahi Farm; this Farm is owned by a Kona Kai LLC
member, Jeffrey Sorensen of JKS Solutions. JKS Solutions unfortunately has not granted easement access across its property; it is currently landlocked between Kona
Kai to the east/mauka and two Nani Kai Lani (NKL) lots to the west/makai. It appears
to be a functioning farm, which offers tours and according to social media accounts, is taking orders for chocolate.
Test Kona Kai Estates' sound monitors; see where they are located. (Note: HAR 11-46 does not apply to noise made by people; only stationary noise and equipment related to
agricultural activities. Contact the State Department of Health Noise Section at (808) 586-4700. HRS 342F and 711-1101 apply but are hard to enforce.)
Look at the vegetation to block noise especially along the southern border of Parcel 42. Placing vegetation mauka/east or north of the Mansion on Parcel 14 does not mitigate
noise traveling downhill from inside the mansion or at the site located to the north where "cultural" activities (e.g., fire-knife performances) appear to have occurred.
See the traffic-study equipment and its location especially regarding the most used makai entrance to the properties.
Look at the signs in the neighborhood and on Kona Kai's mauka driveway; see the "Drive Like Your Kids Live Here." Why would that sign be necessary if everyone was
adhering to the rules? Compare the reality with the photos in the Special Permit.
Mr. Eisert and Kona Kai, LLC have "plans" however, the "plans" for community harmony, low-impact activities,
and transparency have not been enacted. Please consider your recommendation and the effect it will have on the surrounding community and other CoH landowners. Please contact me if you have questions or would like to meet. peace.w/aloha, e Erin J Gallogly, 808.478.6071, erin.gallogly@gmail.com L♡ve > h8
July 6, 2026
Chair Dean Au and Members of the Leeward Planning Commission
County of Hawaiʻi Planning Department
Kailua-Kona, Hawaiʻi
Re: Letter of Support — Special Permit Application SPP-2025-000109
Aloha Chair Au and Members of the Commission,
My name is Bill Myers, and I am the President of Heavenly Hawaiian Coffee
Farms in Holualoa. We grow Kona coffee on the slopes above Kailua-Kona,
and I know firsthand both what it takes to keep a working coffee farm
running and the role that responsible agricultural tourism plays in making
that economically possible. I am writing in strong support of Jason Eisert's
application to extend the agricultural tourism already permitted on his
adjacent parcel onto the neighboring estate property.
I have come to know Jason through our shared work in the Kona coffee
community, and I can tell you he is a serious, hands-on farmer rather than
someone using agriculture as a label. He is widely regarded as one of the
most active farmers in his area — maintaining producing coffee, fruit trees,
and pasture, and employing local people year-round — and, as I understand
it, his farm was selected as the top-ranked applicant on this island for the
USDA's EQIP program. That is real farming, and it is exactly the kind of
operation our community should want to keep on the land.
What Jason is asking for is modest and familiar to anyone in our industry:
guided farm tours, coffee tastings, farm-to-table experiences, and cultural
and educational programming — using buildings that already exist, during
daytime hours, and within the visitor numbers already approved next door.
He is not proposing new construction, additional traffic, or a larger footprint.
To the extent he also seeks to host a limited number of overnight farm
guests as part of that experience, I see it as a natural extension of
welcoming people to a working farm.
I can speak to the operational realities of agricultural tourism from direct
experience. Over the past decade, I have worked with five different Kona-
area farms helping them develop and structure their visitor programs, and I
have designed and overseen a much more extensive tour program at St.
Benedict's Painted Church — a National and State Historic Landmark that
attracts thousands of pilgrims and visitors annually. That experience has
given me a clear picture of what thoughtful tourism looks like in practice:
managed visitor numbers, daytime programming, trained staff, and
operations calibrated to the land and the road. Jason's proposal reflects all of
those principles, and his site — on wider roads built to County standard —
presents fewer access challenges than many operations that have functioned
well for years.
This matters well beyond a single farm. Small Kona coffee is under real
economic pressure, and the farms most likely to survive — and to keep our
coffee heritage alive — are those that can pair genuine agriculture with
thoughtful visitor experiences. Supporting this permit supports that larger
goal for all of us.
I offer this endorsement gladly because I believe in what Jason is building
and in how he is going about it. I would be glad to answer any questions the
Commission may have.
With aloha,
Bill Myers
President
Heavenly Hawaiian Coffee Farms
(808) 315-9938
July 5, 2026
County of Hawaii
Planning Office
RE: Docket #PL-SPP2025 000109
To Whom It May Concern:
This letter will serve as my opposition to Special Permit application #PL-SPP-2025-000109 for the following reasons.
INCREASED SAFETY CONCERNS:
KAP community is involved in a pending lawsuit with Kona Kai LLC involving the illegal removal of speed bumps. They have been previously sited because of speeding drivers, drunk guests, loud noise levels. This has included guests ending up in neighbors yards, hitting their rock wall and erratic drivers. We feel this is a threat to the safety of our children and pets, not to mention property damage.
UNTRUTHS:
Kona Kai, LLC advertises themselves as “organic” yet they are continuing spraying with Round-Up which has resulted in plants being destroyed at the property line, not mentioning the toxic long-lasting environmental impact to all.
They have previously been sited for illegal parties, weddings and loud noise. They were not truthful to the County Board when they were cited for a wedding reception. This includes the additional traffic for catering trucks, etc.
My community, Kona Ania Pono, is a family community with children and adults playing in the street, riding bikes, walking their dogs and being part of our gated community.
I am requesting that the Planning Commission to reject this additional permit in agricultural land access by a private road.
Respectfully,
Barbara J Schaufeld
75-495 Nani Kailua Drive
Kailua-Kona
From:TOM CAREY
To:Kay, Christian
Subject:special permit
Date:Tuesday, July 7, 2026 2:04:41 PM
July 5, 2026
County of Hawaii
Planning Office
RE: Docket #PL-SPP2025 000109
To: County of Hawaii planning office.
I am writing this letter to show my opposition to granting approval for application of spacial permit PL-SPP-2025-000109
The applicant, Kona Kai LLC, is currently named in a unsetteled lawsuit concerning illegal activities in the Ka Aina Pono subdivision.
It would be a major disservice to the lot owners / taxpayers of Ka Aina Pono to allow any further for profit activities by Kona Kai LLC
until the legal disputes are final.
In the past Kona Kai LLC has ignored the prescribed laws existing in our community and has repeatedly been a nuisance disregarding
noise levels and allowing multitudes of non resident vehicles to pass over our road illegally, and in at least three circumstances we had
dangerous drivers. Crash onto private property, causing damage and endangering local foot traffic.
In addition to the above listed situations, Kona Kai LLC is allowing the public to believe that the Ag. Tourism business is legitimate.
Describing the ag. Tourism as being “ Organic farming”.
This is simply not the case, as Kona Kai LLC continues to spray poison on a regular basis to beautify the operation. In the process has
poisoned neighboring lot foliage and possibly owners pets.
In the past, Kona Kai LLC has been cited for advertising illegal vacation rentals, which we have proof of with the website for Kona Kai
LLC. In addition to this, Kona Kai LLC has had huge wedding receptions, all creating nuisance to our lot owners, with late night partiers
continually speeding down our road, which is posted 15 MPH.
Please consider the local residents safety and well being and deny any further applications for Kona Kai LLC.
Thank you to the planning dept. for you concern in this matter..And please remember, this could be you own neighborhood in jeopardy.
I am requesting that the Planning Commission reject this additional permit in agricultural land.
Sincerely, Thomas M. Carey
75-482 Nani Kailua Drive, Kailua Kona, Hi. 96740
Ocean planet Images
www.oceanplanetimages.com
From: Erin Gallogly
To: Planning Internet Mail
Cc: Mayor"s Office Executive; Planning LPC Testimony; Planning WPC Testimony; Inaba, Holeka; Villegas, Rebecca;
Kimball, Heather; Kierkiewicz, Ashley; Kay, Christian
Subject: Planning Department Recommendation: Kona Kai Eisert Special Permit PL-SPP-2025-000109 filed 5/6/2026
Date: Sunday, July 5, 2026 1:26:12 PM
Attachments: 20260703_Notify Ltr 2_PL-SPP-2025-000109_Kona Kai.pdf
Aloha Director Darrow, I strongly recommend you provide a negative recommendation for Kona Kai's 2026
Special Permit given:
Kona Kai accesses its two properties over two private roads, owned by 21 Property Owners who granted
access and utility easements. These 21 Owners have not given permission. Kona Kai's current activities
burden the two easements (A-1 and A-5) and are used unreasonably. You have Attorney Michael
Matsukawa's 3/1/2024 Letter offering either the 21 Property Owners/Easement Grantors approving or a
Circuit Court judgment regarding use of Easements A-1 and A-5;
Kona Kai LLC is a Defendant in a lawsuit (3CCV-25-0000085) before the Third Circuit Court. This case
concerns property owner rights and reasonable use of easements; and Hawai‘i Supreme Court's decision (SCAP-22-0000371, 9/24/2024), the Intermediate
Court of Appeal's remanding the Ford v CoH Board of Appeals (BoA), Dept of Planning, Neal & Zanone (3CCV-23-0000200) case back to the CoH BoA, which has
yet to be scheduled (?), and the pending CoH Bill 147 with stiff requirements for Bed and Breakfast (aka hosted rental) in State Ag Land. [NOTE: If/when Bill 147 is passed,
the Special Permit for overnight lodging will not comply with the Bill's provision that the owner live in the same dwelling. How will anyone confirm Mr. Eisert has moved
from this additional farm dwelling (aka Guest House) into one of the permitted five bedrooms in the primary farm dwelling/single family home (aka Mansion)?]
therefore, these reasons are sufficient to warrant a negative recommendation.
ADDITIONAL REASONS:
CoH Planning Department's recommendation will set a precedent for community overrides island wide, and
that this particular situation, accessing a commercial use through a restricted access, in a residentially
dominated agricultural community is the worst possible precedent for the Planning Department and the
Planning Commissions to take, particularly in light of the values assert in the pending new General
Plan. Kona Kai's Agricultural Tourism Permit did not solicit information from the neighboring community
and especially the 21 Easement Grantors.
The application is not a "low-impact solution," does not prioritize "agricultural sustainability," and does not
provide "community harmony." The plan to "gradually reduce marketing and advertising of hosted rentals,
with occupancy rates expected to decline correspondingly. Hosted rentals will be available primarily as a
financial backstop during periods of lower agricultural tourism activity" is a nice sentence but neither
feasible, acceptable, nor sustainable. Given Kona Kai Estates rents its 9,000+sf mansion for $2,500-
5,000/night for 60-70% occupancy, it is practically impossible for the current 100 coffee trees, free coffee
farm tours, goat petting to exceed that income without extensive "farm-to-table culinary experiences" (aka
upscale dining in one of the "2" current restaurants advertised on vacation hosting websites) and overnight
rentals.
The 2026 Special Permit application is filled with false, possible fraudulent, misleading, and old
information.
Compare the Letters of Support provided to Kona Kai in the 2023 Special Permit Application (PL-
SPP-2023-000054) and 2026 Special Permit Application. Perhaps contact those individuals to
confirm they support this 2026 Special Permit Application. The three Nani Kai Lani (NKL)
neighbors are either mauka/east of Kona Kai and are not affected by noise and traffic from these
activities. The other NKL neighbor is a member of Kona Kai, LLC and is land-locked between two
NKL neighbors, one of which is Parcel 42.
Inspect the photos, maps, diagrams submitted. Why are these outdated materials used when
technology exists to easily provide current information. "A picture is worth a 1,000 words." Do
these documents "show" ground truth or lead the reader to believe something vastly different? For example, the adjoining neighborhood, Ka Aina Pono (KAP) is a private gated community not under the authority or jurisdiction of the CoH Department of Public Works. Approximately 42 families contribute to the maintenance of the road and gate. Thirty-thousand (30,000) visitors to two properties greatly exceeds the visitors to the 21 Easement Grantors' homes and other 19 KAP Members' homes. The KAP Roadway Maintenance Association (KAP RMA) Inc, does not own any real property; the 37 KAP Lot Owners/Class A Members own all the real property in the KAP Subdivision. Easements: what attempts has Kona Kai made to obtain easements through other properties?
of the three parcels Kona Kai sold in 2023, one has granted an easement and another wrote a
Letter of Support and is a member of Kona Kai LLC. have there been attempts to contact the property owner of the 38 acres to the north? An
easement to the north has many options. have there been attempts to contact the property owners mauka/east of the two neighbors
who wrote Letters of Support? An easement mauka/east has many options. Previous complaints: Not all complaints are listed in the Application. As you are aware there were
two Complaints made in 2024 that went to the CoH BoA; there were two other Complaints regarding fire-knife performances that never received a Closure Letter; there have been numerous complaints to the Police Department, which were advised to address in Civil Court. Go to VRBO, Booking.com, AirBnB and the associated reviews with guests remarking about their
25 guests all fitting in the house, five permitted bedrooms and two flex rooms, seven bedrooms, eight bathrooms, two restaurants, the family-friend restaurant serves American cuisine, rental vehicles, spa, yoga classes under the Kona Kai Estate, 9,000sf vacation rental not the current Ag Tourism Permit for Parcel 42. Mr Eisert testified these items were block checks on the hosted websites. Can he not "uncheck" those blocks for these services? Noise complaints: neighbors will testify about the amplified indoor noise. Mr. Eisert replies they are
in compliance, there are noise monitors for 60 dbls (a normal conversation), and when neighbors text they are calling the police, a kill switch is hit and complete silence. See the reviews from guests saying they had to be quiet due to old neighbors. Enforcement:
CoH Planning Department and Police Department cannot enforce the current situation. Will
someone from the CoH PD or HPD come out at 11pm to count the overnight guests or will the host comment, oh, they are just leaving now...... self-enforcement does not occur otherwise the neighbors would have no idea he was/is/will
conduct hosted rentals, vehicle rentals, moped (?) rentals as the noise whether amplified or not would not raise above his 60 dbl level and the guest would drive 15mph.
RECOMMENDATIONS: Can you take a tour as a citizen or would it be inappropriate given the situation? Ask the Corporate Counsel. If you are unable, can you talk to someone
who has visited Kona Kai Estate / Rising Kona Coffee & Kona Premium Coffee (formerly Cornwell Coffee Farm)?
Then conduct an official inspection/visit to see/test/hear other items you would not see on a tour.
See agricultural operations at both Rising Kona Coffee Farm in Kailua-Kona (Parcel 42 with current Agricultural Tourism Permit) and Kona Premium Coffee in Holualoa,
which is owned by Kona Kai. Check out all the buildings on Kona Kai's Parcel 42 and 14 and see what they are used
for. Look makai at the Lokahi Farm; this Farm is owned by a Kona Kai LLC
member, Jeffrey Sorensen of JKS Solutions. JKS Solutions unfortunately has not granted easement access across its property; it is currently landlocked between Kona
Kai to the east/mauka and two Nani Kai Lani (NKL) lots to the west/makai. It appears
to be a functioning farm, which offers tours and according to social media accounts, is taking orders for chocolate.
Test Kona Kai Estates' sound monitors; see where they are located. (Note: HAR 11-46 does not apply to noise made by people; only stationary noise and equipment related to
agricultural activities. Contact the State Department of Health Noise Section at (808) 586-4700. HRS 342F and 711-1101 apply but are hard to enforce.)
Look at the vegetation to block noise especially along the southern border of Parcel 42. Placing vegetation mauka/east or north of the Mansion on Parcel 14 does not mitigate
noise traveling downhill from inside the mansion or at the site located to the north where "cultural" activities (e.g., fire-knife performances) appear to have occurred.
See the traffic-study equipment and its location especially regarding the most used makai entrance to the properties.
Look at the signs in the neighborhood and on Kona Kai's mauka driveway; see the "Drive Like Your Kids Live Here." Why would that sign be necessary if everyone was
adhering to the rules? Compare the reality with the photos in the Special Permit.
Mr. Eisert and Kona Kai, LLC have "plans" however, the "plans" for community harmony, low-impact activities,
and transparency have not been enacted. Please consider your recommendation and the effect it will have on the surrounding community and other CoH landowners. Please contact me if you have questions or would like to meet. peace.w/aloha, e Erin J Gallogly, 808.478.6071, erin.gallogly@gmail.com L♡ve > h8
From:Erin Gallogly
To:Kay, Christian
Subject:Letters of Support - 2023 & 2026 Special Permit Applications (Kona Kai) (PL-SPP_2023-000054 & 2025-000109) -
testimony
Date:Wednesday, July 8, 2026 12:39:14 PM
Attachments:PL-SPP-2023-000054 LoS.pdf
PL-SPP-2025-000109 LoS.pdf
Aloha Christian, I request the CoH Planning Department inquire, to the Applicant, about the apparent tampering,
changes, deletions, and/or editing of the 2026 Special Permit Application letters of support. All the 2026 letters areexactly the same as their 2023 letters except as noted below (i.e., tampering).
Kona Coffee Collection: deleted "2023" from "October 8th, 2023"
Bateman: changed 2023 to 2025. The "5" is a different font than "202"
Poston: changed 2023 to 2025. The "5" is a different font than "202"
JKS Solution: "September 15, 2023" date is deleted on the 2026 Special Permit Application
Ashley: "October 6th, 2023" date is deleted on the 2026 Special Permit Application
All other letters are undated and are exactly the same as their 2023 Letters if Support.
Do the Signators still support Kona Kai's 2026 Special Permit?
Much of the information, in these letters, has nothing to do with the expansion of the Agricultural Tourism Permit
and overnight guests. Numerous letters talk about weddings, retreats, etc from the 2023 Special Permit Application,
which was withdrawn in 2024.
This tampering raises concerns on the integrity and attention to detail of the Applicant. Additionally will the
Applicant transparently comply with any Conditions placed on the Special Permit. Unfortunately, there has been
limited compliance by guests and workers following the "rules" published in Kona Kai's vacation rental online
platforms (e.g. Booking.com) and signage in the neighborhood regarding speed, children, and pets
Please let me know if you have any questions.
Mahalo for your time.
peace.w/aloha, eErin J Gallogly, 808.478.6071L♡ve > h8
Kona Coffee Collection
379-15 Jungang-daero,
Jung-gu, Daegu,
Republic ofKorea
41936
October 8th
Dear Leeward Planning Commission,
I am writing on behalf ofKona Coffee Collection Company.
We are pleased to inform you that we have recently imported Kona coffee from Heavenly Hawaiian
Farms and Kona Kai, LLC to South Korea and look forward to our ongoing partnership and growth
together.
We are genuinely impressed by the quality and rich flavor profile of the coffee that Heavenly Hawaiian
Farms and Kona Kai, LLC provided. Our decision to partner with Heavenly Hawaiian Farms and Kona
Kai, LLC is founded not only on the outstanding quality of coffee but also on the shared vision of
growth and commitment to excellence.
We are enthusiastic about our ongoing partnership and are optimistic about the mutual growth
opportunities it presents. Our collaboration symbolizes a synergy between the rich heritage of Kona
Coffee and Kona Coffee Collection's global outreach.
The current Kona Coffee Collection sources Kona beans from Heavenly Farm and Kona Kai, LLC
imports them into South Korea. Within Korea, we handle the roasting, packaging, distributing, and
overall promoting process of the Kona Coffee Collection.
This year, we have launched our Kona Coffee Collection products in South Korea for the first time. We
are currently promoting and selling our products on Instagram and our official website. Offline, we
supply a total of 11 cafes and bakeries within South Korea. For online distribution, we supply through
platforms such as Coupang, Naver, our official website, and the post office website etc.
We eagerly anticipate the continuation of our fruitful partnership and the shared successes that lie ahead
together.
Best regards,
In Sook Bae
President
Kona Coffee Collection
+82)10-9911-1883
coffeein1883@gmail.com
EXHIBIT D
Aloha Leeward Planning Commission, October 4, 2025
I am writing this letter of strong support for Mr. Jason Eisert and Kona Kai, LLC as they seek a
special use permit (SUP), for a new and innovative wellness and education center on five acres
of agriculturally zoned land.
Jason and Kana Kai, LLC have invested significantly in our agricultural community. In addition to
the five acres under consideration herein, Jason is developing a separate adjacent five acre� into
a producing coffee orchard with a roasting pavilion along with an ag-tourism component to
educate visitors on growing, processing, production, and roasting of Kana coffee as a totally
separate agricultural operation. Jason is fully embedded in Kana agriculture.
In fact, Jason has approached local coffee farmers multiple times with inquiries about sourcing
more coffee due to the substantial orders he's begun to receive from his international partners
in Korea. He's been an avid supporter of farms within his direct network and with numerous
smaller farmers who often face difficulties reaching the market, embodying a spirit of
community and ohana within the agricultural sector.
Jason has been an active participant in numerous discussions with other coffee farmers,
consistently demonstrating his commitment to the broader agricultural community. His
insightful dialogues regarding agricultural tourism and strategies to further integrate it into the
local economy have been invaluable. He harbors a genuine desire to give back to the
community, and his SUP application seeks not only to elevate his enterprise but also to enrich
the local agricultural and tourism sectors symbiotically with a very compatible proposed use.
I think a wellness and education center on agricultural land is a perfect fit. Nature is part of
wellness and the healing process. An agricultural setting such as Kana Kai, LLC's with fruit trees,
some coffee trees, walk paths, vegetable gardens and sheep, creates a peaceful environment for
wellness clients and. It is a perfect fit.
I fully support Jason's and Kona Kai, LLC's application for a SUP allowing a wellness and
education center on this property. I firmly believe that the approval of this application will
facilitate not only the growth of Kona Kai, LLC but will also positively impact our local economy
as a new business.
Should you require further information or discussion regarding this endorsement, please do not
hesitate to get in touch with me.
Ma halo for considering my support for Kona Kai LLC's SUP application for a very innovative
el ess atio
a em
17 Makenawai Street
Kailua-Kona, HI 96740
August 30,2025
We are neighbors of The Kailua Kona Estate. We were the
second home to be built in the Nani Kai Lani subdivision and
witnessed the construction of "The Kailua Kona Estate". The
property was built and approved as a retreat, so we knew the
possibility of groups of people visiting the property. We have
never experienced any annoyance from any guests staying
there.
We have since, met and become friends with Jason and many
of his employees and have found them to be respectful,
concerned, and accommodating to us and all other neighbors.
They are not just good neighbors, but extend their friendship
and service to many throughout the Kailua Kona area.
It seems logical for them to be issued a special use permit,
which will allow them to, not only, improve the properties
appearance, but share the Aloha experience of The Big Island
with the community and visitors alike.
Ray and Barbara Poston
EXHIBIT E
To Whom It May Concern:
I am writing as a neighbor and supporter of Jason and the Kailua Kona Estate, operated by Kona Kai LLC.
Over the past few years, I have had the pleasure of witnessing the beautiful development and thoughtful
management of Jason's property which is directly adjacent to mine.
I believe Kailua Kona Estate is a vital part of our community, not only for its hospitable offerings but also
for its agricultural contributions. Jason leads the largest farming operation in our community, where he
oversees the cultivation of a variety of native crops. I understand that Jason's home was constructed as a
retreat center, and I would love to see it used for this purpose.
Jason and his team have always operated with respect and consideration for the surrounding neighbors. I believe that they consistently hold the community's interests at heart as they extend their friendship
and services to the larger Kona community. Their current agricultural endeavor contributes to the beauty
of the neighborhood, boosts the local economy, and displays a true example of sustainable and
harmonious living. Before Jason's management of the estate, the entire area of over 15 acres of land was an overgrown weed patch and looked very bad. It is a huge effort to clean up and maintain that amount
of land and I applaud him for the work he has done, especially as a neighboring property.
I firmly believe that granting the special use permit to Kona Kai LLC would not only facilitate the further
enhancement of the property but would also foster a rich environment where community and
agriculture coexist in harmony. In conclusion, I happily endorse granting the special use permit to Kona
Kai LLC.
Thank you for considering this endorsement. I am hopeful that the special use permit will be granted so
that the estate can be utilized for its highest purpose for the collective community.
Sincerely,
Dear Leeward Planning Commission,
I would like to express my support for Jason, the founder of Kona Kai, LLC, as he applies for a special use permit for his agricultural land. Throughout our interactions, Jason's has impressed me with his respectful communication and attention to detail.
I know Jason from his service on a committee and we both serve as volunteers to help the community. Jason's genuine dedication to these matters highlights his deep concern for our community's future.
Jason is committed to advocacy for sustainable and responsible agricultural practices. Jason, both on the committee and outside the committee, has met with Heather Kimball and others in the County to discuss the future of agricultural land. Their dialogues have centered on the evolving regulations surrounding permissible uses on agricultural land and the potential of agricultural tourism.
Jason has worked very hard to ensure that future regulations align with the evolving needs of the community.
Jason has a commitment to serving the community and advancing agricultural endeavors.
Kind regards,
\..,fYtCUUAiav �
Marissa Ashley
73-4908 Manu Mele Street
Kailua Kana Hawaii 96740
From:Cynthia Milani
To:Kay, Christian
Subject:Re: Special Permit PL-SPP-2025-0001
Date:Thursday, July 9, 2026 12:35:40 PM
> On Jul 9, 2026, at 12:28 PM, Cynthia Milani <cynthiadmilani@gmail.com> wrote:
>
>
>
> July 09, 2026
> Aloha Leeward Planning
> Commission and Staff:
>
> I wish to submit additional testimony regarding Special Permit Application No. PL-SPP-
> 2025-000109.
>
> I am opposed to this Special Permit as outlined in my previous testimony. However, if you
> chose to ignore valid KAP Owner testimony against approval and approve this application
> anyway, please consider at a minimum the flowing conditions of approval:
>
> 1. A vote be taken of Ka ‘Anna Pono owners as outlined in Michael Matsukawa’s letter as
> well as a vote on Kona Kai, LLC’s proposals immediately. Mr. Jason Eisert, Kona Kai, LLC
> representative, has been “cherry picking” individual Ka “Aina Pono lot owners with promises
> of paving the road, a new gate, etc. etc.. Ka ‘Aina Pono has NOT taken, as required, a
> membership vote on his proposals. In addition, many of us have not seen a written proposal.
> What specifically is he proposing? A new gate? What kind of gate? Paving and striping the
> road? To what standard? One time? What about long term maintenance? Is he proposing
> to pay a significantly higher maintenance assessment to pay for the additional wear and tear?
> What about security with an additional 30,000 people coming onto our neighborhood? Is the
> offer a one time deal? What about replacement costs? Etc etc etc.. Another reason to DENY
> this permit.
>
> 2. A septic system be installed within 6 months of approval. This property is currently on a
> cesspool. With the addition of a vacation rental, serving 12 additional individuals, and culinary
> experiences (restaurant) this is the perfect time to mandate a septic tank. We all know Hawaii
> is trying to eliminate cesspools. One more reason to DENY this permit.
>
> 3. NO amplified music or amplified speaking. No parties, weddings or events. We live on a
> mountain. Sound travels down hill right into our homes. We live in Hawaii, outdoor living is
> one of the reasons we enjoy our homes. We can NOT enjoy our lanais, our Ohana or our
> pupus with people screaming and yelling and music blasting as has been the norm from Kona
> Kai, LLC’s, plus we do not want to burden Hawaii PD with disturbing the peace calls and we
> truly hope burdening HPD isn’t our only option foe Aloha.
>
> Mahalo Nui for your consideration,
> Cynthia Milani
From:Erin Gallogly
To:Kay, Christian
Subject:Vehicles parking in grass at Kona Kai and new sound blocking vegetation (PL-SPP-2025-000109)
Date:Thursday, July 9, 2026 1:58:33 PM
Attachments:20260709_Photos vehicles noise supression vegetation.pdf
Aloha Christian, can you please ask Kona Kai if they can address the vehicles parked on the southwest side of
Parcel 42 (Farm) and confirm where the new sound blocking vegetation has been planted. We have seen coconuttrees and panax sticks planted on the southwest side of Parcel 42 and along the south fence line between Parcel 42and neighboring properties, but they have been overgrown with guinea grass, which causes additional concernsgrowing into neighbors' properties and hiding feral pigs in the area. Please see attached photos of vehicles, coconut trees, panax, and guinea grass.
PL-SPP-2025-000109:
page 7, closing paragraph of section 2.1, "All activities will take place within existing buildings and
developed areas; no new construction is proposed. Parking improvements, if required, will be made to meet
County standards. The existing on-site parking is sufficient to accommodate visitors without creating any
off-site parking demand."
page 16, Operational details, "Parking: Adequate onsite parking exists within the property's existing
infrastructure"
page 17, Section 2.6, "On‑Site Parking Only: Visitors, vendors, and staff will park only in designated
on‑site areas near the main dwelling and above the pickleball court."
page 25, section 3.b., "Adequate on-site parking is provided, with space for approximately 20 vehicles
near the main dwelling and an additional 30 stalls located above the pickleball court. Further visitor parking
is available on the adjoining Parcel 42, which already has approved parking facilities under its existing
agricultural tourism plan approval."
page 38&39, Section 2 (confused on numbering), "On-site parking is fully contained, with approximately 20
stalls near the main dwelling and 30 additional stalls above the pickleball court (as needed), ensuring no
parking occurs on subdivision roadways or shoulders. Additional visitor parking is available on the adjoining
lower Parcel 42, which already includes approved parking facilities under its existing agricultural tourism
plan approval. Together, these areas provide ample capacity to accommodate all visitors without any off-site
parking demand."
page 17, section 2.5, "Host has allowed vegetation to grow to assist with blocking noise that may carry down
towards the Ka ʻAina Pono subdivision." COMMENT: the SP paragraph is for Parcel 14-Mansion,
however, the attached photos are of Parcel 42-Farm. Neighbors have not noticed a decrease in noise
especially when indoor amplified sound is generated.
page 24, section 3, "Will look towards additional landscaping to further minimize the potential for excessive
noise migrating to neighboring properties." COMMENT: the vegetation in the photos were planted after the
SP was signed on 10/25/2025.
Imua! E hana kakou!Erin J Gallogly, 808.478.6071, erin.gallogly@gmail.com L♡ve > h8
PL-SPP-2025-000109 (Slide 1 of 2)
Photo taken 7/9/2026. Two vehicles, food truck, dump truck/trailer; coconut trees, & guinea grass located
on southwest side of Parcel 42.
PL-SPP-2025-000109 (Slide 2 of 2)
Photos taken 7/9/2026. Panax sticks & guinea grass located along southern boundary between neighboring properties.
Daryn Arai
Land Use Planning Consultant
P.O. BOX 4501, HILO HAWAII 96720
PHONE: (808) 895-3218 EMAIL:
July 2, 2026
Mr. Jeffrey Darrow, Planning Director
County of Hawaiʻi Planning Department
101 Pauahi Street, Suite 3
Hilo, HI 96720
Dear Director Darrow:
Subject: Response to Agencies’ and public comments regarding
Special Permit Application (PL-SPP-2025-000109)
Applicant: Kona Kai, LLC
Tax Map Key: (3) 7-5-011:014 and 042, Hienaloli 6th, North Kona, Hawaiʻi
Thank you for providing the Applicant with comments received from the various
reviewing agencies regarding the subject application, to which we provide the following
responses for your consideration.
Department of Health (memo dated June 1, 2026)
The Applicant acknowledges the Department of Health no longer provides individual
comments to agencies or project owners to expedite the land use review process. This being
said, the Applicant anticipates that this project will not present any environmental health
concerns with regulatory implications. The proposed agricultural tourism and agricultural-
based commercial operations have been and will continued to comply with applicable State
Department of Health regulations.
No extensive or intensive construction or land alteration activities are proposed to
accommodate the requested uses. Therefore, no activities are proposed that will generate any
clean air, safe drinking water and sanitation issues. The existing main dwelling that is the
focus of the requested agricultural tourism uses is currently serviced by an approved cesspool
system. Any requested change of use that may be required by the Department of Public
Works will also be subject to State Department of Health review and compliance to ensure
that wastewater generated by the requested activities will not compromise groundwater
resources or public water systems. The Applicant acknowledges the possibility that the
existing cesspool may not be acceptable and will require that a new septic system be
installed.
Mr. Jeffrey Darrow, Planning Director
Page 2 of 3
July 2, 2026
Department of Finance-Real Property Tax Division (memo dated June 1, 2026)
The Applicant appreciates confirmation by the Real Property Tax Division that the entire
Parcel 42, consisting of 5.011 acres, is receiving agricultural use value as non-dedicated
orchards due to its cultivation as an active coffee farm.
The Applicant also appreciates similar confirmation that practically the entirety of Parcel 14,
consisting of 5.083 acres, is receiving agricultural use value with 2.93 acres in non-dedicated
pasture and 2.443 acres in non-dedicated orchards. The remaining land area of
approximately 10,890 square feet accommodates the existing farm dwelling.
This demonstrates the significant levels of agricultural activities, in excess of 97%, currently
being conducted across both Parcels 14 and 42
Department of Public Works-Building Division (memo dated June 30, 2026)
The Applicant appreciates the confirmation from the Building Division that there are no open
building permits or building code violations as it pertains to the affected properties.
Regarding the application (AB2009-2969) relating to the as-built private golf driving range
that was initiated by the previous landowner, the Applicant intends to utilize this former
driving range as a pickleball court. Regardless of the outcome of this requested Special
Permit application, the Applicant will consult in a timely fashion with the Building Division
to determine the proper types of approvals required to establish the pickleball court.
The Applicant acknowledges and accepts that certain requested activities and uses within the
existing farm dwelling may require building permit(s) in order to comply with the 2018 IBC
and all other relevant codes. However, as referenced by the Building Division in its
comments, compliance with any applicable building code requirements will be determined
once and only if the requested Special Permit is approved.
Department of Water Supply (letter dated June 30, 2026)
The Department of Water Supply (DWS) confirmed water availability to each property via
an existing 5/8-inch water meters, each of which are limited to an average daily usage of 400
gallons per day, typically suitable for one single-family dwelling.
The Applicant appreciates the DWS confirming the availability of two (2) additional units of
water which can be made available for Parcel 14 which is host to the existing farm dwelling,
while also noting that since a portion of Parcel 14 is not within the DWS existing pressure
zone, it will be limited to only one (1) unit of water averaging usage of 400 gallons per day.
Mr. Jeffrey Darrow, Planning Director
Page 3 of 3
July 2, 2026
The DWS goes on to confirm that it has no objections to the Applicant’s request as along as
the following conditions as summarized below are understood and accepted, which the
Applicant acknowledges and concurs:
• Estimated maximum daily water usage calculations, as prepared by a licensed
engineer, for DWS review and approval;
• Based on DWS-approval of calculations, pay water commitment deposit and
prevailing facilities charges and construct any necessary water system improvements
required for water service, which will also include the installation of a backflow
prevention assembly; and
• Accept responsibility for the relocation and adjustment of any DWS affected water
system facilities should they be deemed necessary by the DWS to provide water
service to Parcel 14
Fire Department (memo dated June 18, 2026)
As required by the Fire Department, the Applicant will comply with all applicable building
and fire code requirements should the Special Permit be approved by the Leeward Planning
Commission. The Applicant acknowledges that should the requested Special Permit be
approved, details plans of the existing dwelling and approved uses may be requested by the
Fire Department to ensure a more thorough review to ensure compliance with applicable fire
codes. These detailed reviews are typically part of the building permitting process that
cannot occur until the Special Permit is approved.
Police Department (memo dated June 19, 2026)
The Applicant acknowledges the response from the Police Department that it does not have
any comments or objections to offer regarding the proposed request.
We hope that we have adequately responded to comments offered by the respective
agencies and the community association. Please feel free to contact me should there be any
questions or need for additional information.
Sincerely,
DARYN ARAI
Land Use Planning Consultant
copy via email: Kona Kai, LLC
From:Jason Eisert
To:Kay, Christian
Cc:Daryn Arai; Marco Silva
Subject:PL-SPP-2025-000109 (Kona Kai, LLC) — Removal of Neutral Letter of Observations at Author"s Request
Date:Wednesday, July 8, 2026 1:02:11 PM
Aloha Christian,
The record for Special Permit Application PL-SPP-2025-000109 includes a letter from Mr.Marco Silva offering factual observations about the property. The letter took no position on
the application — it neither supported nor opposed it.
Mr. Silva is a real estate professional who serves clients throughout the surroundingcommunity, and those clients' views on local matters may differ. To preserve his professional
neutrality — and to avoid even the appearance of taking a position in a matter where he servespeople on all sides — he has asked that his letter be removed from the record. We understand
completely and honor that request without reservation.
Accordingly, on behalf of the applicant, I respectfully request that the Department remove Mr.Silva's letter from the record for this application and disregard it for all purposes, including the
Director's recommendation report. Please confirm once this has been completed.
Mr. Silva is copied on this email and is welcome to confirm or add to this request directly.
Mahalo for your assistance,
Jason EisertManaging Member, Kona Kai, LLC
75-5785 Pikake Place, Kailua-Kona, HI 96740(808) 640-3808