HomeMy WebLinkAbout2026-07-13 Applicant Response to Director RecommendationDaryn Arai
Land Use Planning Consultant
P.O. BOX 4501, HILO HAWAII 96720
PHONE: (808) 895-3218 EMAIL:
July 13, 2026
Mr. Dean Au, Chairperson
Leeward Planning Commission
101 Pauahi Street, Suite 3
Hilo, HI 96720
Dear Chair Au:
Special Permit Application No. PL-SPP-2025-000109
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
Applicant: Kona Kai, LLC
TMKs -7-5-011:014 and 042; Hienaloli 6th, North Kona, Hawaiʻi
On behalf of the Applicant, Kona Kai, LLC and its representative, Jason Eisert, we would
like to extend our collective appreciation to Planning Director Jeffrey Darrow and his colleagues
for a very thoughtful analysis of the above-referenced request and the approval recommendation
that continues to promote and support the on-going needs of the agricultural industry.
Kona Kai, LLC would like, with four limited exceptions, to express its acceptance and
support of the Director’s proposed conditions of approval of the requested Special Permit that
will memorialize the overall operational scope of the requested uses and activities as presented
by the Applicant while defining specific controls and limits to ensure that agricultural use of the
project site remains the prevailing activity within the agricultural communities of Nani Kai Lani
and Ka Aina Pono subdivisions.
The four exceptions are the Applicant’s requested modifications to proposed Conditions
9, 12, 13, and 19, in the manner as reflected below (material to be deleted is bracketed and
struck-out with added material underscored):
Condition 9 regarding Wastewater
First, the Applicant requests that proposed Condition 9 be modified in the manner as
reflected below:
9.Prior to commencement of agricultural tourism activities within the main farm
dwelling on Parcel 14, the Applicant shall [upgrade or replace the existing cesspool
serving the structure with a wastewater system meeting the requirements of]secure
Item #2 Kona Kai, LLC (PL-SPP-2025-000109)
2026-07-13 Applicant Response to Director Recommendation
Info Given at LPC 7-16-26 Meeting
Mr. Dean Au, Chairperson
Leeward Planning Commission
Page 2 of 3
July 13, 2026
approval or written documentation from the State Department of Health that a
proper wastewater treatment system is in place to support all approved uses
established on Parcel 14.
The Applicant is requesting flexibility within Condition 9 so that it can explore various
options with the State Department of Health that may also include the possible “downsizing” of
certain requested activities so that it does not exceed the operational capacity of the existing
cesspool. In the end, the proposed amendments to Condition 9 will still require documentation
that the treatment of wastewater from all approved and established activities are being treated in
a manner meeting with the approval of the State Department of Health.
Condition 12 regarding operational limits of approved agricultural tourism activities
12. Hours of operation for agricultural tourism activities shall be held between the hours
of 8:00 a.m. and 6:00 p.m. daily, except for farm-to-table culinary experiences that
are held within or in the immediate vicinity of the main farm dwelling, which shall be
allowed until 9:00 p.m.
The requested amendment to proposed Condition 12 conforms the condition to the
property’s existing Agricultural-Based Commercial Operations (ABCO) approval, under which
food service operations are already authorized until 9:00 p.m., as noted in the Director’s findings.
As described in the application, the farm-to-table culinary experiences may utilize the food truck
which is outdoors, the kitchen and dining room of the main farm dwelling together with the
immediately adjacent outdoor areas. As currently drafted, Condition 12 may restrict to 6:00 pm
the same outdoor service that the ABCO approval authorizes until 9:00 p.m., creating a conflict
between two County-issued approvals governing the same activity upon the same property,
should the Special Permit be granted. Any potential impacts associated with the approved
ABCO activities remain fully controlled by proposed Condition 15, which requires all amplified
sound to cease no later than 9:00 p.m., and proposed Condition 16, which imposes quiet hours
beginning at 10:00 p.m.
Condition 13 regarding hosted rental accommodations
13. Hosted rental accommodations shall be limited to twelve (12) guests per night
within the five (5) permitted bedrooms and shall not be used in conjunction with
non-agricultural tourism activities including weddings, wedding receptions, parties,
banquets, reunions, retreats, corporate events, or other similar gatherings within
the permit area.
Mr. Dean Au, Chairperson
Leeward Planning Commission
Page 3 of 3
July 13, 2026
The requested amendment to proposed Condition 13 clarifies that the specified
restrictions apply to approved non-agricultural tourism activities conducted within the 10.1-acre
permit area only. Overnight guests may, during the course of their stay, attend weddings,
reunions, or similar events held elsewhere on the island, and the Applicant cannot control the
off-site itineraries of its guests. The requested clarification preserves the prohibition of the stated
events anywhere within the 10.1-acre project site while confining its reach within the project site
and not beyond.
Condition 19 regarding Wastewater
Finally, the Applicant requests that proposed Condition 19 be deleted in its entirety and
replaced with the following:
19. If the Applicant fails to comply with the conditions of approval or the Planning
Director determines that the scope of activities specifically permitted by this Special
Permit is causing an unreasonable interference or nuisance to the immediately
surrounding community, the Planning Director shall notify the Applicant in writing of
the specific violation and allow a reasonable period of not less than thirty (30) days
to respond and/or resolve. If a substantiated violation remains unresolved after this
specified time period, or if the Applicant has not commenced or diligently pursued a
good-faith resolve the violation to the Planning Director’s satisfaction, the Planning
Director may suspend the permit and refer the matter to the Planning Commission
for appropriate action, which may include the revocation of this Special Permit.
The requested amendment preserves the Planning Director’s authority to investigate
alleged violations and initiate procedures to suspend the Special Permit as well as the Planning
Commission’s authority to revoke it, while adding the procedural elements – written notice of
the specific violation, a reasonable opportunity to resolve the matter, and action upon
substantiated violations – that make an enforcement condition administrable for the Department
and fair to the Applicant.
Mr. Jason Eisert, representative of Kona Kai, LLC, as well myself, are looking forward to
our appearance before the Leeward Planning Commission.
Sincerely,
Daryn Arai
Land Use Planning Consultant
cc: Jason Eisert, Kona Kai, LLC