HomeMy WebLinkAboutPD Background Report (PL-SPP-2026-000128)-1-
KonaAerialAmendSPP.6.08.26
COUNTY OF HAWAI‘I PLANNING DEPARTMENT
BACKGROUND REPORT
KONA AERIAL GYMNASTIC TEAM INC.
AMENDMENT TO SPECIAL PERMIT NO. 21-000227 (PL-SPP-2026-000128)
KONA AERIAL GYMNASTIC TEAM INC. is requesting an amendment to allow a 12-
month time extension to Condition No. 6 (Secure and Finalize all Building Permits) of
Special Permit No. 21-000227 which was issued to legitimize the operation of a youth
gymnastics and sports fitness facility and related improvements on an approximately 2.3-
acre portion of a larger 23.738-acre property in the State Land Use Agricultural District.
The subject property is located at 75-476 Hualalai Road, approximately 700 feet east of
its intersection with Queen Kaʻahumanu Highway, Waiʻaha 1st, Puapuaʻanui 1st, North
Kona, Hawaiʻi, TMK: (3) 7-5-017:044 (por).
APPLICANTS' REQUEST
1. Request: The applicant is requesting a 12-month time extension to Condition
No. 6 (Secure and Finalize all Building Permits) of Special Permit No. 21-000227
which was issued to legitimize the operation of a youth gymnastics and sports
fitness facility and related improvements on an approximately 2.3-acre portion of
a larger 23.738-acre property in the State Land Use Agricultural District. The
requested amendment will replace the existing 16-month deadline measured from
receipt of Final Plan Approval with a new 12-month period measured from the date
of the amended permit, excluding only documented periods of active governmental
review.
2. Reason for Request: According to the applicant, the amendment is necessary to
allow the applicant time to complete and finalize the building permit process to
convert the structure from an agricultural warehouse structure to a youth
gymnastics and sports fitness facility. In accordance with Condition No. 6 of
Special Permit No. 21-000227, the applicant submitted plans for an as-built change
of use building permit on January 17, 2024 (Building Permit Application No.
PW.B2024-000239). Since then, the plans have been through multiple rounds of
agency review, requiring revisions by the applicant, with the 7th re-submittal
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currently being reviewed by the relevant county and state agencies. The applicant
attributes the multiple required revisions to the “iterative nature of multi-agency
review, the scope of the comments returned on successive cycles and the practical
realities of coordinating revisions with structural, civil, wastewater, fire-protection
and water supply consultants” and notes that the applicant has not “declined or
deferred requested revisions, paused the process for any business-related reason,
nor contributed to the delay through inaction.” Condition No. 6 excludes time the
plans are under governmental review from its 16-month timeframe to secure and
finalize all building permits. Based on a summary provided by the applicant and
verified by the Planning Department, the applicant has used 471 days of the
allowed 480 days (16 months) and therefore is seeking a time extension to comply
with Condition No. 6.
3. Staff/Students: Kona Aerial’s youth gymnastics facility has approximately 200
participants in 20 different classes per month. The maximum class size is proposed
to be 40 participants. The sports fitness facility, formerly operated by Nakuwauna
Foundation but currently operated by Imua Iron and Burnfitness 808, has
approximately 70 users per day, with no more than 17 simultaneous users. The
youth gymnastics facility has 1 full-time and 4 part-time employees while the sports
fitness facility is run by volunteers but anticipates hiring 2-3 employees.
4. Hours of Operation: The youth gymnastics facility will operate Monday through
Friday, 2:00PM to 7:30PM, and Saturday, 8:00AM to 3:00PM. The sports fitness
facility will operate Monday through Friday, 6:00AM to 9:00PM, and Saturday,
10:00AM to 5:00PM. Summer programs will operate during school summer breaks
(May through August) with gymnastics classes held Monday/Wednesday/Friday,
7:30AM to 3:30PM, and Tuesday/Thursday, 3:00PM to 7:00PM.
5. Landowner: Daniel Brents & Janet Theresa Bolton Trust
6. Supportive Information: The applicant has submitted the following in
support of the request: (Planning Department Exhibit 1 – Amendment
Application dated May 5, 2026 and Additional Information dated June 23,
2026).
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BACKGROUND INFORMATION
7. March 1, 2016: A special permit application was submitted to the Planning
Department by Bolton Inc. to allow for a baseyard/staging yard for equipment,
storage of materials, stockpiling and crushing of natural materials for commercial
use, and a security dwelling. This application intended to resolve a complaint
alleging the unpermitted operation of a quarry and equipment baseyard, which
resulted in a warning letter issued by the Planning Department on February 19,
2016. On May 12, 2016, a Petition for Standing in a Contested Case Hearing was
received by the Planning Department. On September 28, 2016 the applicant,
Bolton Inc., submitted a request to withdraw the special permit application.
8. July 3, 2019: Building Permit No. BK2019-01023 was issued for the subject
property, for a new agricultural warehouse with no electrical and no plumbing.
9. November 27, 2020: A notice of violation (NOV) was issued to the landowners,
Daniel B. Bolton and Janet T. Bolton, following a complaint regarding processing
of aggregate material on agricultural land. During the investigation of the
complaint, it was discovered that Kona Aerial Gymnastics was operating day and
evening gymnastics classes in an agricultural warehouse structure.
10. January 12, 2021: Kona Aerial Gymnastic Team Inc. submitted a Special Permit
Application to legitimize the operation of a youth gymnastics and sports facility on
the subject property.
11. February 12, 2021: Following a site inspection on January 22, 2021, a second
NOV was issued to the landowners, requesting that Kona Aerial Gymnastics
comply with the previous NOV and assessing a civil fine of $6,000. Additionally,
during the inspection, Planning Department inspectors observed another
nonagricultural commercial enterprise “The WAHI Gym” had been established
within the remaining portion of the aforementioned agricultural warehouse
structure, adjacent to the portion occupied by Kona Aerial Gymnastics.
12. March 16, 2021: Kona Aerial Gymnastic Team Inc. submitted a request to the
Planning Department to withdraw the Special Permit application in order to make
revisions.
13. March 31, 2021: Nakuwauna Foundation paid the civil fine of $6,000.
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14. May 7, 2021: Kona Aerial Gymnastic Team Inc. submitted a revised special permit
application, to legitimize the operation of a youth gymnastics and sports fitness
facility.
15. May 19, 2023: Special Permit No. 21-000227 was approved by the Leeward
Planning Commission, with timed conditions that included requiring the applicant
to secure and finalize all building permits for the requested use.
16. January 17, 2024: The applicant submitted a building permit application for an as-
built change of use to convert the agricultural warehouse structure to a youth
gymnastics and sports fitness facility (Building Permit Application No. PW.B2024-
000239). As of the date of this writing, the building plans remain under review and
the building permit has not been issued.
17. February 14, 2024: Final Plan Approval was issued for the youth gymnastics and
sports fitness facility (Planning Department Exhibit 2 – Final Plan Approval
dated February 14, 2024).
18. May 5, 2026: Kona Aerial Gymnastic Team Inc. submitted an application for a time
extension to comply with Condition No. 6 (Secure and Finalize all Building Permits)
of Special Permit No. 21-000227.
STATE AND COUNTY PLANS
19. State Land Use (SLU) District: Agricultural District.
20. County Zoning: A-1a; Agricultural 1-acre.
21. General Plan 2045 Land Use Map Designation: Urban Expansion (ue), which
allows for a mix of high density, medium density, low density, industrial, industrial-
commercial and/or open designation in areas where new settlements may be
desirable, but where the specific settlement pattern and mix of uses have not yet
been determined.
22. Kona Community Development Plan (KCDP): The KCDP was adopted by
Ordinance No. 08-131, which became effective on September 25, 2008 and
amended by Ordinance 09-091, which became effective on September 18, 2019.
The subject property is located within the Kona Urban Area and within the Puaʻa-
Waiʻaha Village Transit Oriented Development Area.
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23. Special Management Area (SMA): The subject property is located approximately
1 mile from the nearest coastline and is not within the Special Management Area.
DESCRIPTION OF PROPERTY AND SURROUNDING AREAS
24. Subject Property: The subject parcel is 23.738-acres in size and is irregular in
shape. The vegetation on property is primarily guinea grass, haole koa, opiuma,
and kukui. A portion of the property has been cleared and developed with a 12,600-
square foot agricultural warehouse and a 480-square foot frame utility shed.
Additionally, two existing catchment tanks are located just west (makai) of the
existing warehouse structure and other portions of the property have been cleared
for construction of a flood control structure and aggregate stockpiling. The property
is adjacent to Hualālai Road along its north and south boundaries. The perennial
Waiʻaha Stream runs through the property from NE to SW.
25. Surrounding Zoning/Land Uses: Properties immediately north and east of the
subject property are similarly zoned A-1a. Adjacent properties to the south and
west of the subject parcel are within the A-5a and RS-10 zoning districts.
Surrounding properties are mainly vacant of structures and uses apart from two
existing Special Permits on adjacent properties. Special Permit No. 1047 was
issued on February 4, 2000 for the property to the west of the subject parcel, TMK
7-5-017:031, to allow the establishment of a coffee visitor center. In addition,
Special Permit No. 2017-000195 was issued for the property to the southwest of
the subject parcel, TMK 7-5-017:040, to allow the construction of Living Stones
Church. There are several residential subdivisions in the area, including Pualani
Estates to the south, Hualālai Colony to the north across Hualālai Road, and Kona
Hillcrest Subdivision across Queen Kaʻahumanu Highway from the subject
property. These subdivisions are over 500 feet from the subject property.
26. U.S.D.A. Soil Type: Punaluʻu extremely rocky peat, 6 to 20 percent slopes
(rPYD).
27. Land Study Bureau Soil Rating: Soils within the project site are classified as “D”
or “Poor” for agricultural productivity.
28. ALISH: Unclassified.
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29. Flood Zone: Portions of the property, including the existing warehouse structure,
are located within Zone X, an area determined by FEMA to be outside the 500-
year flood plain. Other areas of the property are located within areas designated
by FEMA as Flood Zone AE, defined as a Special Flood Hazard Area that can be
inundated by a 100-year flood (1% chance of occurring within the Zone X area).
According to Department of Public Works comments from the original Special
Permit application, the 60-foot-wide roadway corridor providing one of the access
routes to this facility crosses through Flood Zone AE, necessitating either a “No-
Rise Certification” or a Letter of Map Revision from FEMA. The applicant
completed a “No Rise Certification” on December 5, 2023, prior to Final Plan
Approval.
30. Flora/Fauna Resources: No formal flora/fauna study was submitted with the
application as the subject property has been used for equipment and aggregate
stockpiling by the landowner for many years and no new disturbance is proposed
by the amendment. Vegetation on the property is primarily guinea grass, haole
koa, opiuma trees and kukui, all common species that are not threatened or
endangered. There are introduced bird species such as dove, Japanese white-
eye, house finch, saffron finch, house sparrow, and myna, in addition to
domesticated/feral animals such as cats, dogs, pigs and rats. According to the
applicant, it may be possible to find the Hawaiian Hawk (ʻIo), Hawaiian Owl (Pueo),
Hawaiian Goose (Nēnē) and the Hawaiian Hoary Bat (Ōpeʻapeʻa) on the subject
property. According to comments provided by the United States Fish and Wildlife
Service (USFWS), Hawaiian seabirds may traverse the project area at night during
their breeding, nesting and fledgling seasons (March 1 to December 15) and
outdoor lighting could result in seabird disorientation, fallout, injury or mortality,
with young birds particularly vulnerable to light attraction. The USFWS cited
several recommended measures regarding outdoor lighting and construction
timing to minimize potential project impacts to seabirds.
31. Archaeological/Cultural/Historical Resources: Since the subject property is not
adjacent or proximate to the shoreline, fishing and/or coastal access will not be
impacted by the proposed use. According to the applicant, there is no evidence of
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use of the subject property for gathering of plants by native Hawaiians. According
to comments from the State Historic Preservation Division (SHPD) for the original
Special Permit application, it is unlikely that historic properties remain intact within
the project area as it has been impacted by previous ground-disturbing activities
associated with development of the warehouse structure and gravel access roads
and no historic properties would be affected for the current project.
32. Public Access: There is no public coastal or mountain access through this private
property.
33. Traffic: In the original Special Permit application, the applicant proposed strategies
to reduce the impact of increased traffic, including limiting gymnastics class sizes
to 40 participants and fitness class sizes to 10 participants. Additionally, the
applicant anticipated that traffic impacts would be mitigated by encouraging
participants to carpool and by scheduling classes outside of morning or afternoon
commute times. The maximum number of users of the facility was anticipated to
be between 110 and 166 per day, with approximately 17 peak AM trips for fitness
classes and individual use combined. During the school year, no AM trips for
gymnastics users were anticipated. During summer break, gymnastics classes
would contribute an estimated 20-30 peak AM trips, assuming at least half of the
participants share rides for pick-ups and drop-offs. PM peak trips anticipated for
competitive team gymnastics classes would also be 20-30 with the same amount
of carpooling. Recreational classes would contribute less to peak PM trips due to
the smaller class size. Fitness classes were scheduled at 5 PM, Monday through
Friday, and the applicant anticipated them to contribute 17 peak PM trips.
PUBLIC SERVICES AND FACILITIES
34. Access: The subject parcel is accessed via Hualālai Road, approximately 700
feet east of its intersection with Queen Kaʻahumanu Highway. Hualālai Road is
owned by the county and maintained with an average pavement width of
approximately 20 feet. Access within the property is by an existing 12 to 15-foot-
wide, 1,000-foot-long gravel drive. Based on the existing conditions of Hualālai
Road, the applicant stated no improvements would be required for the proposed
use. A secondary access, proposed for emergency use only, with a paved section
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approximately 360 feet in length, exists along the southern boundary of the subject
parcel.
35. Water: The Department of Water Supply (DWS) stated that their comments from
the original Special Permit are still applicable, noting that water is available from
an existing 8-inch waterline within Hualālai Road. Based on staff conversations
with DWS, the applicant has paid their facilities charge and have installed four 5/8-
inch water meters on the property. Although the applicant states that water usage
calculations were completed, DWS has requested that the applicant submit
estimated daily water usage calculations for the proposed uses, in order to
determine that the existing water meters are adequate.
36. Wastewater: Public sewer is not available to the site; therefore wastewater
disposal must meet Department of Health (DOH) requirements. The applicant has
submitted plans for a building permit to convert the structure from an agricultural
building to use as gymnastics / fitness center, for which approval is dependent on
successfully meeting DOH requirements for wastewater disposal.
37. Other Essential Utilities and Services: HELCO power is not yet available to the
subject parcel. Power is provided to the facility through the use of a solar
photovoltaic system with batteries, in addition to an onsite generator. Telephone
service is currently available to the project site. The Kealakehe Police Station is
located less than three (3) miles north of the project site. There are three (3) fire
stations within five (5) miles from the site including Kailua-Kona, Kealakehe, and
Puʻuola. The Kona Community Hospital is located in Kealakekua.
AGENCY COMMENTS
38. State Department of Health: (Planning Department Exhibit 3 – May 29, 2026
Memo)
39. United States Fish and Wildlife Service: (Planning Department Exhibit 4 –
June 4, 2026 Email)
40. Department of Finance – Real Property Tax: (Planning Department Exhibit 5
– June 2, 2026)
41. Department of Public Works – Building Division: (Planning Department
Exhibit 6 – June 17, 2026 Memo)
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42. Department of Water Supply: (Planning Department Exhibit 7 – June 18, 2026
Memo)
43. Department of Public Works – Engineering Division: (Planning Department
Exhibit 8 – June 30, 2026 Memo)
AGENCIES – NO COMMENTS/CONCERNS
44. Office of Planning and Sustainable Development.
AGENCIES – NO RESPONSE
45. State Land Use Commission (LUC); Department of Agriculture; Department of
Land and Natural Resources; Department of Public Works – Traffic Division; Kona
Traffic Safety; Department of Environmental Management; Police Department;
Fire Department; Hualālai Community Association.
PUBLIC COMMENTS
46. Public testimony from Giselle Thompson (Planning Department Exhibit 9 –
July 21, 2026 Email)
47. Public testimony from Jeri Macres (Planning Department Exhibit 10 –
July 21, 2026 Email)
48. Public testimony from Demetria Owens (Planning Department Exhibit 11 –
July 28, 2026 Email)
SPECIAL PERMIT APPLICATION
COUNTY OF HAWAIʻI PLANNING COMMISSION (Type or legibly print the requested information)
APPLICANT(S): APPLICANT’S SIGNATURE: DATE:
ADDRESS:
LIST APPLICANT’S INTEREST (if not owner): PHONE: (Bus.) (Res.) (Email)
REQUEST:
TAX MAP KEY: ZONING:
SIZE OF PROPERTY / AREA OF REQUESTED USE:
LANDOWNER(S):
FEE SIMPLE LANDOWNER(S) WRITTEN AUTHORIZATION
(may be provided by letter with the below statement included):
DATE:
DATE: Note: The above written authorization of the landowner(s) gives permission for the applicant/petitioner to file the application/ petition and acknowledges that the landowner(s) and their successors are bound by the Special Permit and its conditions. AGENT: AGENT ADDRESS:
PHONE: (Bus.) (Res.) (Email)
Please indicate to whom original correspondence and copies should be sent.
ORIGINAL: COPIES:
Kona Aerial Gymnastic Team Inc.
Tenant
808-870-7218
To amend Special Permit 21-000227 Condition 6 to allow for additional time to
complete building permits.
(3) 7-5-017:044 A-1a
23.738 acres 2.3 acres
Daniel B. Bolton & Janet T. Bolton
Pipan Consulting LLC.
PO Box 421, Honokaa, HI 96727
808-333-3391
Agent Applicant
75-438 Hualalai Road, Kailua-Kona, HI 96740
%TV
%TV
TO WHOM IT MAY CONCERN:
As applicant and/or landowner of the parcel identified by TMK: (3) 7-5-017: 044, I hereby
consent and authorize Pipan Consulting LLC to file and process a Special Permit Amendment
Application on my behalf.
Daniel B. Bolton, Landowner Date
Janet T. Bolton, Landowner Date
Nanette Guiffrida, Kona Aerial Gymnastic Team Inc. - Applicant Date
Zoho Sign Document ID: 35F7DE0F-1AF6IGAB4ATMYUB1LLM01M-4IBCJBZDGLKH0P-HUWD0
Apr 30 2026
Apr 30 2026
Apr 30 2026
PO Box 421 Honokaa, HI 96727
(808) 333-3391
May 5, 2026
Leeward Planning Commission
c/o Mr. Jeffrey Darrow, Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Subject: Request to Amend Special Permit SPP 21-000227 – Condition No. 6
(Building Permit Completion Timeframe)
Applicant: Kona Aerial Gymnastic Team Inc.
Waiaha1st – Puapuaanui 1st, North Kona, Hawaii TMK (3) 7-5-017: 044
Dear Chair Au and Members of the Leeward Planning Commission:
On behalf of Kona Aerial Gymnastic Team, Inc. (the “Applicant”), Pipan Consulting LLC respectfully
submits this request to amend Special Permit SPP 21-000227 for the limited purpose of extending the time
within which the Applicant must obtain and finalize all building permits for existing and proposed structures
on the subject property, as required by Condition No. 6 of the permit. The Applicant is actively and
diligently pursuing the required building permit and has been continuously engaged in the County’s review
process since January 2024. For the reasons set forth below, additional time is necessary and warranted to
allow the Applicant to complete the building permit process without placing the Special Permit and the
community benefits it supports at risk of expiration.
This request is made in recognition of the fact that the majority of the elapsed time since Final Plan
Approval was issued has been occupied by the iterative review of the building permit application. The
Applicant has responded to every comment round promptly and has not caused or contributed to unusual
delay. The requested amendment is modest in scope, narrowly tailored to Condition No. 6, and is fully
consistent with the findings and reasons upon which the Leeward Planning Commission originally approved
the Special Permit.
I. Background and Permit History
Special Permit SPP 21-000227 authorizes the continued operation of a youth gymnastics and sports fitness
facility on an approximately 2.3-acre portion of a larger 23.738-acre parcel located within the State Land
Use Agricultural District in North Kona. The facility occupies an existing approximately 12,600 square-
foot warehouse structure that is ideally suited, in size and ceiling height, for competitive gymnastics use.
Kona Aerial Gymnastic Team, Inc. is a non-profit organization that has served West Hawaiʻi youth since
1989, and the facility remains the only gymnastics training program of its kind in Kailua-Kona.
The Leeward Planning Commission approved the Special Permit at its public meeting on May 19, 2023,
subject to a revised set of conditions. Condition No. 5 of the approved permit required the Applicant to
secure Final Plan Approval from the Planning Director within six (6) months of the effective date of the
permit, excepting time the plans are under government review. The Applicant worked through that process
and obtained Final Plan Approval PL-PLA-2023-000263, which was issued on February 15, 2024.
PO Box 421 Honokaa, HI 96727
(808) 333-3391
Condition No. 6 of the approved permit, which is the subject of this amendment request, reads as follows:
“Building permits for all existing and proposed structures and improvements, including
water tanks, septic system and buildings, to be used for the proposed use, shall be obtained
and finalized within sixteen (16) months from the issuance of Final Plan Approval,
excepting time the plans are under government review.”
Measured from the February 15, 2024 issuance of Final Plan Approval, the sixteen-month baseline for
Condition No. 6 would fall on June 15, 2025, subject to being tolled for any period during which the
Applicant’s building permit application was under government review. As the timing history set forth below
demonstrates, substantial tolling is warranted. Nevertheless, the iterative nature of the review and the
practical realities of coordinating with multiple reviewing agencies on a non-standard adaptive-reuse
project have made it clear that an express amendment granting additional time is the most orderly and
transparent path forward.
II. Status of Compliance with Permit Conditions
As detailed in the Applicant’s February 29, 2024 Status Report to the Planning Department, the Applicant
has made meaningful progress on the conditions of the Special Permit. Final Plan Approval (Condition
Nos. 4, 5, 11, and 13) has been secured. The facility continues to operate strictly within the represented
days and hours (Condition No. 3) and within the approved permit area (Conditions Nos. 2 and 4). A grading
permit application has been submitted to the Department of Public Works (Condition No. 8). The Applicant
has committed to, and remains engaged in, the water commitment, wastewater, fire protection, flood
control, drainage, driveway alignment, and historic resources obligations set forth in Conditions Nos. 7, 9,
10, 12, 14, and 15. The only condition for which additional time is being requested is Condition No. 6 – the
timeframe for obtaining and finalizing building permits – and that request is driven almost entirely by the
duration of the County’s review of the building permit application.
III. Building Permit Review Timing
The Applicant submitted Building Permit Application PW.B2024-000239 to the Department of Public
Works (DPW) in January 2024, concurrent with the closing stages of Final Plan Approval, in order to move
forward as quickly as possible. Because the application involves an existing warehouse structure being
adapted for a new non-profit recreational use, it has required multiple rounds of iterative review and targeted
revisions involving DPW Building Division, the Fire Department, the Department of Water Supply, and
the Department of Health. The Applicant has responded promptly to each round of review comments and
has worked cooperatively with the reviewing agencies to resolve the issues raised.
The table below summarizes the review history for Building Permit Application PW.B2024-000239. Each
row reflects a complete submittal-and-review cycle. The “Days Under County Review” column reflects the
period between the date the Applicant placed the submittal in the County’s possession and the date it was
returned to the Applicant for revision.
PO Box 421 Honokaa, HI 96727
(808) 333-3391
Submittal Date Submitted
to DPW
Date Returned to
Applicant
Days Under
County Review
Days With
Applicant
1st Submittal January 17, 2024 March 20, 2024 63
2nd Submittal April 26, 2024 August 9, 2024 105 37
3rd Submittal January 4, 2025 February 18, 2025 45 148
4th Submittal August 21, 2025 September 15, 2025 25 184
5th Submittal November 2, 2025 December 8, 2025 36 48
6th Submittal January 26, 2026 March 5, 2026 38 49
7th Submittal March 10, 2026 Under Review Pending 5
Total Days Under County Review (through March 5, 2026): 312 471
Through the most recent completed cycle, the Building Permit Application has been under active County
review for a cumulative total of approximately 312 days. A seventh submittal was lodged with DPW on
March 10, 2026 and remains under review as of the date of this letter. In addition to the time that the plans
have been under County review, the Applicant’s consultants have devoted substantial time between review
cycles to revising the drawings, updating engineering calculations, coordinating with sub-consultants, and
addressing comments from multiple agencies so that each subsequent submittal is as complete and
responsive as possible.
Condition No. 6 expressly excludes “time the plans are under government review” from its sixteen-month
timeframe. Applying that exclusion in a straightforward manner, the Applicant has used 471 days of the
480 days (16 months) granted in Condition No. 6. The Applicant and their team have concluded that a
targeted amendment to Condition No. 6 is the responsible course of action. This approach provides clear
certainty to the Applicant, to the reviewing agencies, and to the Planning Commission that the permit will
remain in good standing while the building permit process is brought to completion in a thorough and
compliant manner.
IV. Basis for the Requested Amendment
The Applicant respectfully submits that the circumstances here satisfy the standards set forth in Condition
No. 17 of the Special Permit for an extension of time, as originally articulated by the Deputy Planning
Director in the Revised Recommendation and Conditions of Approval and adopted by the Leeward
Planning Commission. Those standards provide that an extension may be granted where: (A) the non-
performance is the result of conditions that could not have been foreseen or are beyond the control of the
Applicant, and that are not the result of the Applicant’s fault or negligence; (B) granting the extension
would not be contrary to the General Plan or Zoning Code; and (C) granting the extension would not be
contrary to the original reasons for the granting of the permit. Each of these standards is met.
A. Non-performance is beyond the Applicant’s control and is not the result of fault or negligence.
The Applicant submitted the building permit application in January 2024 – well in advance of any
reasonable interpretation of Condition No. 6’s timeframe – and has been continuously engaged with the
County review process ever since. The delays in completing that process are attributable primarily to the
PO Box 421 Honokaa, HI 96727
(808) 333-3391
iterative nature of multi-agency review, the scope of the comments returned on successive cycles, and the
practical realities of coordinating revisions with structural, civil, wastewater, fire-protection, and water-
supply consultants. The Applicant has not declined or deferred requested revisions, paused the process for
any business-related reason, nor contributed to the delay through inaction. The cumulative 312 days of
County review time documented above reflects the objective duration of that process and is, by definition,
a period over which the Applicant has no control.
B. The amendment is not contrary to the General Plan or Zoning Code. The original Recommendation
Report prepared by the Planning Department confirmed that the proposed use is consistent with the County
of Hawaiʻi General Plan and the Kona Community Development Plan (Kona CDP). The subject property
is designated Urban Expansion on the LUPAG Map, and the Kona CDP situates the parcel within the Puaʻa-
Waiʻaha neighborhood village, an area in which small-scale commercial and recreational uses of this
character are expressly contemplated. The underlying use is not changing as a result of this request, nor are
any of the substantive parameters of the Special Permit – hours of operation, intensity of use, permit area,
or site design. The request is limited to the timeframe within which one specific condition must be satisfied.
A time-only amendment of this nature does not alter the General Plan consistency analysis or raise any new
Zoning Code issue.
C. The amendment is not contrary to the original reasons for the granting of the permit. As explained
in greater detail in Section V below, the purpose of granting this Special Permit was to allow the continued
operation of the only youth gymnastics training facility in West Hawaiʻi, housed in an existing warehouse
structure ideally suited to the use, on land unsuited for intensive agricultural cultivation. Allowing the
Applicant additional time to complete the building permit process advances those very objectives; refusing
to do so would frustrate them.
D. The requested duration is reasonable and proportional. The Applicant respectfully requests that
Condition No. 6 be amended to provide that building permits for all existing and proposed structures and
improvements shall be obtained and finalized within twelve (12) months from the effective date of the
amendment should it be granted, excluding time the plans are under government review. This duration
reflects a reasonable runway for one or two additional review cycles, final permit issuance, and the
performance and inspection of any required work. The Applicant believes the requested timeframe is
sufficient to complete the process and will continue to work diligently to complete the permit.
V. The Amendment Is Not Contrary to the Reasons the Permit Was Originally Granted
The Revised Recommendation and Conditions of Approval, together with the underlying Recommendation
Report and the representations made during the Leeward Planning Commission proceedings, set out the
reasons the Commission ultimately approved SPP 21-000227. Those reasons rest on findings made under
Rule 6-7 of the Planning Commission Rules and the criteria set forth in Section 6-3(b)(5)(A) through (G).
Granting this amendment not only would not be contrary to those reasons – it would directly support them.
Each of the key findings is discussed below.
Unusual and reasonable use of agricultural land. The Commission found that the proposed youth
gymnastics and sports fitness facility is an unusual and reasonable use of the subject property within the
State Land Use Agricultural District because the operations largely occur within an existing structure and
improvements, and because the property is not considered prime agricultural land. The requested
amendment does not introduce any new structure, expand the permit area, or change the intensity of use. It
simply provides the time necessary to bring the existing improvements into full building code compliance.
PO Box 421 Honokaa, HI 96727
(808) 333-3391
That outcome is fully consistent with the finding that the use is reasonable precisely because it is housed
within existing facilities.
Community need and public benefit. The Commission recognized that Kona Aerial Gymnastic Team,
Inc. has served West Hawaiʻi youth since 1989 and that it is currently the only operating gymnastics
program in West Hawaiʻi. The programs offered support for youth development, leadership, teamwork,
self-confidence, and physical coordination, and provide a venue for athletes to train for national-level
competition and college scholarship opportunities. Allowing the Applicant the time necessary to finalize
building permits so that the facility can complete compliance work and continue to operate under the Special
Permit is directly aligned with this public-benefit rationale. Denying the amendment and allowing the
Special Permit to lapse would jeopardize the community benefits the Commission sought to preserve.
No adverse effect on surrounding properties. The Commission’s findings on surrounding land uses,
hours of operation, class sizes, traffic, and noise were based on the facility as it is actually operated by the
Applicant. None of those parameters will change as a result of this amendment. The hours of operation,
class-size limits, carpooling measures, and other operational characteristics identified in the
Recommendation Report remain in place, and the Applicant will continue to operate in a manner
substantially representative of its original representations, as required by Condition No. 2.
No unreasonable burden on public agencies. The Recommendation Report concluded that the proposed
use would not unreasonably burden public agencies with respect to roads, water, drainage, schools, or police
and fire protection. The requested amendment does not change that analysis. If anything, the amendment
supports the orderly completion of the building permit process, during which the Applicant will be bringing
the water, wastewater, drainage, grading, and fire-protection elements of the facility into formal,
documented compliance with the respective reviewing agencies.
Unsuitability for intensive agricultural use; no change in essential character. The Commission found
that the land is unclassified by ALISH, is classified as soil category “D” (poor) by the Land Study Bureau,
has not been used intensively for agriculture in the recent past, and is located within the outer boundary of
two neighborhood Transit-Oriented Developments identified in the Kona CDP. It further found that the
proposed use would not substantially alter or change the essential character of the land, which has long
been cleared and used for aggregate and equipment storage. The requested time extension does not disturb
any of these findings. No grading, clearing, or new construction beyond what was contemplated in the
Special Permit Application is being proposed in connection with this amendment.
Consistency with the General Plan and Kona CDP. As noted above, the Commission found that the use
supports General Plan policies encouraging quality-of-life improvements through economic development,
the health and wellness industry, and a broad recreational program for all age groups. It further found
alignment with the Kona CDP’s directive that future growth be directed to the Kona Urban Area and with
the neighborhood village designation of the subject parcel. Providing the Applicant with the additional time
required to complete building permits preserves the continued realization of those plan policies at this
specific site.
In short, every finding that supported the original approval continues to support the Applicant’s operation
today, and each of those findings is furthered by granting this amendment. The amendment is narrow in
scope, administrative in character, and responsive to the actual, documented reality of the County’s building
permit review process. It does not reopen any substantive element of the Special Permit.
PO Box 421 Honokaa, HI 96727
(808) 333-3391
VI. Specific Relief Requested
Based upon the foregoing, the Applicant respectfully requests that the Leeward Planning Commission, upon
recommendation of the Planning Department, approve an amendment to Special Permit SPP 21-000227
modifying Condition No. 6 to read substantially as follows:
“Building permits for all existing and proposed structures and improvements, including
water tanks, septic system and buildings, to be used for the proposed use, shall be obtained
and finalized within twelve (12) months from the date of this amendment, excepting time
the plans are under government review.”
All other conditions of the Special Permit would remain unchanged and in full force and effect. The
Applicant reaffirms their commitment to comply with each remaining condition, to continue to operate
within the parameters represented in the Special Permit Application dated May 7, 2021 and supplemental
materials, and to cooperate fully with the Planning Department and all reviewing agencies as the building
permit process is brought to completion.
VII. Conclusion
The Applicant has acted in good faith throughout the Special Permit process and has remained continuously
engaged with the Department of Public Works and other reviewing agencies in pursuit of the building
permit required by Condition No. 6. The delay in obtaining that permit is substantially a function of the
County’s own iterative review process, during which the Applicant’s submittals have spent more than 300
days in County hands across six completed cycles and a seventh now under way. The circumstances are
beyond the Applicant’s control and are not the result of its fault or negligence; the requested amendment is
consistent with the General Plan and Zoning Code; and it fully honors, rather than undermines, the reasons
the Leeward Planning Commission originally approved this Special Permit.
The Applicant respectfully requests that this amendment request be placed on the Leeward Planning
Commission’s agenda at the earliest available opportunity. Should the Planning Department or the
Commission have any questions regarding this submittal, or require any additional information, please do
not hesitate to contact the undersigned directly. We thank the Commission and the Department for their
continued attention to this matter and for the opportunity to present this request.
Respectfully submitted,
JOHN PIPAN
Planning Consultant
Enclosures: February 29, 2024 Status Report
194 Wiwoole St. Hilo, HI 96720
(808) 333-3393
February 29, 2024
Mr. Jeffrey Darrow, Deputy Director
Planning Department
COUNTY OF HAWAII
101 Pauahi Street
Hilo, HI 96720
Dear Mr. Darrow:
Subject: Status Report on Special Permit SPP 21-000227
Applicant: Kona Aerial Gymnastic Team Inc.
Waiaha1st – Puapuaanui 1st, North Kona, Hawaii TMK (3) 7-5-017: 044
Please let this letter serve as a progress report on the applicant’s efforts to fulfill the conditions of
their Special Permit approved by the Leeward Planning Commission at their public meeting on
May 19, 2023.
1. The applicant, its successor(s), or assign(s) (“Applicant”) shall be responsible for
complying with all stated conditions of approval.
Response: Applicant will comply with this condition.
2. The proposed youth gymnastics and sports fitness facility and related improvements shall
be conducted in a manner that is substantially representative of plans and details
contained within the Special Permit Application dated May 7, 2021, any supplemental
material, and the representations made before the Leeward Planning Commission. Any
substantial expansion of the facility or uses beyond what is represented in this document
shall require an amendment to this permit.
Response: Applicant will comply with this condition.
3. As represented by the applicant, the youth gymnastics facility will operate Monday
through Friday, 2:00PM to 7:30PM, and Saturday, 8:00AM to 3:00PM. The sports fitness
facility will operate Monday through Friday, 6:00AM to 9:00PM, and Saturday,
10:00AM to 5:00PM. Summer programs will operate during school summer breaks (May
through August) with gymnastics classes held Monday/Wednesday/Friday, 7:30AM to
3:30PM, and Tuesday/Thursday, 3:00PM to 7:00PM.
Response: Applicant will comply with this condition.
194 Wiwoole St. Hilo, HI 96720
(808) 333-3393
4. Prior to issuance of Final Plan Approval, the Applicant shall provide to the Planning
Department a metes and bounds survey of the approximately 2.3-acre permit area in map
and written form, on the subject property. At no time shall the activities permitted under
this Special Permit take place outside of the permit area. If Special Permit activities on
the subject property exceed 15 acres, the Applicant shall go before the State Land Use
Commission for approval.
Response: Applicant secured Final Plan Approval PL-PLA-2023-000263 on 2/15/2024.
5. Within six (6) months of the effective date of this permit, excepting time the plans are
under government review, the Applicant shall secure Final Plan Approval for the
proposed development from the Planning Director in accordance with Section 25-2-70,
Chapter 25 (Zoning Code), Hawai‘i County Code. Plans shall identify all existing and
proposed structures, fences, signage, water sources (potable and non-potable), wastewater
systems, fire protection measures, paved driveway access and paved parking stalls,
outdoor lighting (if any, lighting must be shielded with light directed downwards),
landscaping and other improvements associated with the proposed development.
Response: Applicant secured Final Plan Approval PL-PLA-2023-000263 on 2/15/2024.
6. Building permits for all existing and proposed structures and improvements, including
water tanks, septic system and buildings, to be used for the proposed use, shall be
obtained and finalized within sixteen (16) months from the issuance of Final Plan
Approval, excepting time the plans are under government review.
Response: Applicant submitted building permit PW.B2024-000239 on 1/22/2024, however
DPW will not accept the permit with ongoing use of the structure. The applicant and
landowner are reviewing alternative options with the Director of DPW as they continue to
work to satisfy this condition.
7. Prior to issuance of a Certificate of Occupancy, the Applicant shall provide fire
protection measures appropriate for the proposed use meeting with the approval of the
Fire Department, including but not limited to water storage for firefighting purposes,
water supply with sufficient fire flow rate, and providing fire department access roads
with adequate turning radiuses to support the proposed development.
Response: Applicant will comply with this condition.
8. All earthwork and grading activity shall conform to Chapter 10, Erosion and
Sedimentation Control, of the Hawai‘i County Code.
Response: Applicant will comply with this condition. A Grading Permit application was
submitted on 10/24/2023. The status of the permit is noted as Resubmit Required. Proper
permits will be secured prior to commencement of work.
194 Wiwoole St. Hilo, HI 96720
(808) 333-3393
9. All driveway connections to Hualālai Road shall conform to Chapter 22, County Streets,
of the Hawai‘i County Code.
Response: Applicant will comply with this condition.
10. Within five (5) years from the effective date of this permit, the Applicant shall align the
access driveway within the 60-foot wide future Kakalina Road extension alignment. This
alignment shall be noted on all future plans submitted to the County and shall be kept
clear of any permanent structures.
Response: Applicant will comply with this condition.
11. Prior to issuance of Final Plan Approval, the Applicant shall submit a drainage study
prepared by a licensed engineer to the Department of Public Works (DPW). Any
recommended drainage improvements, if required, shall be constructed meeting with the
approval of DPW prior to receipt of a Certificate of Occupancy.
Response: Applicant secured Final Plan Approval PL-PLA-2023-000263 on 2/15/2024.
12. Prior to commencing any work, the Applicant shall comply with Chapter 27, Flood
Control, of the Hawaiʻi County Code, which may include but not be limited to obtaining
a “No-Rise Certification” or a Letter of Map Revision from the Federal Emergency
Management Agency (FEMA) for any work in Zone AE, including the placement of
gravel for maintenance, no matter the volume of material being moved, and paving.
Response: Applicant will comply with this condition.
13. Prior to the issuance of Final Plan Approval, the Applicant shall submit estimated
wastewater generation calculations, prepared by a professional engineer licensed in the
State of Hawaiʻi, for review and approval. The Applicant shall additionally obtain
approval from the Department of Health for the existing septic system and any other
individual wastewater systems that may be required.
Response: Applicant secured Final Plan Approval PL-PLA-2023-000263 on 2/15/2024.
14. Prior to issuance of a water commitment by the Department of Water Supply (DWS), the
Applicant shall submit the anticipated maximum daily water usage calculations as
prepared by a professional engineer licensed in the State of Hawai‘i to the DWS. A
water commitment deposit shall be paid to the DWS within 180 days from the effective
date of this permit in accordance with Rule 5 of the DWS’s Rules and Regulations. After
194 Wiwoole St. Hilo, HI 96720
(808) 333-3393
review of the calculation, the DWS will determine the appropriate service lateral and
meter size required for the proposed use, which shall be installed by the Applicant prior
to issuance of a Certificate of Occupancy.
Response: Applicant will comply with this condition.
15. In the event that surface or subsurface historic resources, including human skeletal
remains, structural remains (e.g. rock walls, terraces, platforms, etc.), cultural deposits,
marine shell concentrations, sand deposits, or sink holes are identified during the
demolition and/or construction work, the Applicant shall cease work in the immediate
vicinity of the find, protect the find from additional disturbance and contact the
Department of Land and Natural Resources - State Historic Preservation Division
(DLNR-SHPD) at (808) 933-7651. Subsequent work shall proceed upon an
archaeological clearance from DLNR-SHPD when it finds that sufficient mitigation
measures have been taken.
Response: Applicant will comply with this condition.
16. The applicant shall comply with all applicable County, State and Federal laws, rules,
regulations and requirements.
Response: Applicant will comply with this condition.
17. Should any of the conditions not be met or substantially complied with in a timely
fashion, the permit is null and void.
Response: Applicant continues to work toward full compliance with the stated conditions.
We trust that everything is in order for your further processing of this update. If not or if there
are questions relating to this matter, please feel free to direct them to me. Thank you very much.
Sincerely,
JOHN PIPAN
Planning Administrator
Land Planning Hawaii LLC
Subject
Property
Figure 1
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Conceptual Site Plan
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Figure 2
1
Andrews, Jessica
From:Pipanconsulting <>
Sent:Tuesday, June 23, 2026 9:56 AM
To:Andrews, Jessica
Subject:Re:Clarification needed on Kona Aerials Amend SPP Application
Aloha Jessica,
Kona Aerials now has 1 full time and 4 part time employees.
Nakuwauna is no longer operating the fitness center. It is now operated by Imua Iron and Burnfitness 808
Fitness center operation details are still accurate.
Best,
John Pipan
President
Pipan Consulting LLC
Office:(808)333-3391
Cell:(808)430-1441
From: Andrews, Jessica <Jessica.Andrews@hawaiicounty.gov>
To: ""<>,
""<>
Date: Fri, 12 Jun 2026 13:59:30 -1000
Subject: Clarification needed on Kona Aerials Amend SPP Application
Aloha John,
In the amendment application it is stated that Kona Aerial Gymnastics follows the same hours of operation, class
sizes, etc, as was stated in the original Special Permit application. However, I’d like to confirm a couple of details
regarding current operations.
Does Kona Aerials still have 1 full time and 6 part time employees?
Is the fitness center use still operated by Nakuwauna Foundation? If not, please provide information on
what organization is operating the fitness center.
Are the fitness center hours of operation, max number of participants, employees, etc, still the same as
represented in the original Special Permit application? If not, please provide new information.
Thanks,
Jessica
_____________________
Jessica Andrews, Planner V
County of Hawai’i
Planning Department
101 Pauahi Street, Suite 3
Hilo, Hawai’i 96720
(808) 961-8155
1
Andrews, Jessica
From:Pipanconsulting <>
Sent:Tuesday, June 23, 2026 6:50 AM
To:Andrews, Jessica
Subject:RE: Clarification needed on Kona Aerials Amend SPP Application
Aloha Jessica,
1. Landowner states that the water commitment was paid.
2. The power situation is still the same as described in the '23 report. No HELCO. Solar, batteries and
generator serve the project.
Please let me know if you need anything else.
Best,
John Pipan
President
Pipan Consulting LLC
Office:(808)333-3391
Cell:(808)430-1441
From: Andrews, Jessica <Jessica.Andrews@hawaiicounty.gov>
To: "Pipanconsulting"<>
Date: Thu, 18 Jun 2026 15:31:13 -1000
Subject: RE: Clarification needed on Kona Aerials Amend SPP Application
Great, thank you, John. I have two more requests to add for this application.
1. Did the applicant pay the water commitment deposit to DWS, in accordance with Condition No. 14? If not,
provide justification for the delay and be aware this would require a time extension request in addition to
the main request.
2. Provide an update on electrical service to the subject property. Specifically, is the following statement
from the Director’s 2023 report still current?:
HELCO power is not yet available to the subject parcel. The applicant intends to provide power to the facility
through the installation and use of a solar photovoltaic system. An onsite generator is providing power for lighting
in the interim.
Please let me know this information, in addition to the previous request, as soon as possible.
Thanks,
Jessica
From: Pipanconsulting <>
Sent: Wednesday, June 17, 2026 12:49 PM
To: Andrews, Jessica <Jessica.Andrews@hawaiicounty.gov>
Subject: RE: Clarification needed on Kona Aerials Amend SPP Application
2
Aloha Jessica,
I'm still working on it & should have answers shortly.
Best,
John Pipan
President
Pipan Consulting LLC
Office:(808)333-3391
Cell:(808)430-1441
From: Andrews, Jessica <Jessica.Andrews@hawaiicounty.gov>
To: ""<>,
""<>
Date: Wed, 17 Jun 2026 09:04:51 -1000
Subject: RE: Clarification needed on Kona Aerials Amend SPP Application
Aloha John,
Following up on this request for additional information.
Thanks,
Jessica
From: Andrews, Jessica
Sent: Friday, June 12, 2026 1:59 PM
To: ;
Subject: Clarification needed on Kona Aerials Amend SPP Application
Aloha John,
In the amendment application it is stated that Kona Aerial Gymnastics follows the same hours of operation, class
sizes, etc, as was stated in the original Special Permit application. However, I’d like to confirm a couple of details
regarding current operations.
Does Kona Aerials still have 1 full time and 6 part time employees?
Is the fitness center use still operated by Nakuwauna Foundation? If not, please provide information on
what organization is operating the fitness center.
Are the fitness center hours of operation, max number of participants, employees, etc, still the same as
represented in the original Special Permit application? If not, please provide new information.
Thanks,
Jessica
_____________________
Jessica Andrews, Planner V
County of Hawai’i
Planning Department
101 Pauahi Street, Suite 3
Hilo, Hawai’i 96720
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: May 29, 2026
TO: Mr. Jeffrey W. Darrow Planning Director, County of Hawaii
FROM: Eric Honda District Environmental Health Program Chief SUBJECT: Special Permit Amendment Application (PL-SPP-2026-000128) Special Permit No. 21-000227
Applicant: Kona Aerial Gymnastic Team Inc. Request: Amend Special Permit No. 21-000227 to Allow a 12-Month Time Extension to Condition No. 6 (Secure and Finalize All Building Permits) TMK: 7-5-017:044; Waiaha 1st – Puapaanui 1st, 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 May 29, 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 May 29, 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. According to HAR §11-26-35, No person, firm, or corporation shall demolish or
clear any structure without first ascertaining the presence or absence of rodents
that may endanger public health by dispersal from such premises. Should any
such inspection reveal the presence of rodents, the rodents shall be eradicated
before demolishing or clearing the structure. A demolition permit is required prior
to demolition.
Jeffrey W. Darrow May 29, 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: Gary, Deena T
To: Planning Internet Mail
Cc: Javar-Salas, Chelsie
Subject: Kona Aerial Gymnastic Team Inc. Special Permit Amendment Application comments
Date: Thursday, June 4, 2026 10:26:04 AM
Hello,
Thank you for the opportunity to comment on the Kona Aerial Gymnastic Team Inc.
special permit amendment application. It looks like there will be classes held at night
and I'd like to make a recommendation if outdoor lighting will be used at the facility.
Hawaiian seabirds may traverse the project area at night during the breeding, nesting,
and fledging seasons (March 1 to December 15). Outdoor lighting could result in seabird
disorientation, fallout, and injury or mortality. Seabirds are attracted to lights and after
circling the lights they may become exhausted and collide with nearby wires, buildings,
or other structures or they may land on the ground. Downed seabirds are subject to
increased mortality due to collision with automobiles, starvation, and predation by dogs,
cats, and other predators. Young birds (fledglings traversing the project area between
September 15 and December 15, in their first flights from their mountain nests to the
sea, are particularly vulnerable to light attraction.
To avoid and minimize potential project impacts to seabirds we recommend you
incorporate the following measures into your project description:
Fully shield all outdoor lights so the bulb can only be seen from below.
Install automatic motion sensor switches and controls on all outdoor lights or turn
off lights when human activity is not occurring in the lighted area.
Avoid nighttime construction during the seabird fledging period, September 15
through December 15.
If you have any questions, please do not hesitate to reach out.
Deena Gary
Fish and Wildlife Biologist
Pacific Islands Fish and Wildlife Office
300 Ala Moana Boulevard, Room 3-122
Honolulu, Hawaiʻi 96850
Phone: 808-460-7709
Email: Deena_Gary@fws.gov
C. Kimo Alameda, Ph.D. Diane Nakagawa
Mayor Finance Director
William V. Brilhante Jr. Malia A. Kekai
Managing Director Deputy Director
County of Hawai‘i
DEPARTMENT OF FINANCE - REAL PROPERTY TAX
Aupuni Center 101 Pauahi Street Suite No. 4 Hilo, Hawai‘i 96720 Fax (808) 961-8415
Appraisers (808) 961-8354 Clerical (808) 961-8201 Collections (808) 961-8282
West Hawai‘i Civic Center • 74-5044 Ane Keohokalole Hwy. Bldg. D, 2nd Flr. Kailua Kona, Hawai‘i 96740
Fax (808) 327-3538 • Appraisers (808) 323-4881 Clerical (808) 323-4880
Date: 6/2/2026 Tax Map Key: 7-5-017-044-0000
To: Planning Director
From: Real Property Tax Office
Subj: Request for Comments and/or Review
Comments from the Appraisal Section:
Property is receiving agricultural use value
Property is dedicated to agricultural use
Possible rollback taxes
There are no comments at this time
Remarks:
Appraiser to Contact: Wendy Hunt Phone: 808-323-4884
Comments from the collection section:
Status of real property taxes
Current
Delinquent / Amounts $
Amount includes tax, penalty & interest up to
Remarks: Paid till June 30, 2026. – Second half of 2025.
Collection personnel to contact: Chantel Carlos
Phone: 808-961-8282
Hawai‘i County is an Equal Opportunity Provider and Employer
County of Hawaii is an Equal Opportunity Provider and Employer
DEPARTMENT OF PUBLIC WORKS COUNTY OF HAWAII
HILO, HAWAII
DATE: June 30, 2026
Memorandum
TO: Jeffrey W. Darrow, Planning Director
FROM: Department of Public Works, Engineering Division
SUBJECT: Special Permit Amendment Application (PL-SPP-2026-000128) Special Permit No. 21-000227
Request: Amendment Special Permit No. 21-000227 to Allow a 12-Month Time Extension to Condition No. 6 (Secure and Finalize All Building Permits) Applicant: Kona Aerial Gymnastic Team Inc.
TMK: 7-5-017:044
We have reviewed the subject request dated May 28, 202, and provide the following comments for your consideration:
Item 8: Applicant does not have any active permits and has resolved previous violations.
Item 9: No driveway applications have been submitted at this time.
Item 10: Proposed layout conforms to this requirement.
DPW has no additional requirements regarding the applicant’s request for amendment.
Questions may be referred to Amy Cook at 961-8695.
From: Giselle Thompson
To: Planning LPC Testimony
Cc: konaaerials@aol.com
Subject: Kona Aerials Gymnastics Testimony
Date: Tuesday, July 21, 2026 11:01:15 AM
Leeward planning commission Chair Dean Au
Application # PL – SPP – 2026–000128
What Kona Aerials Means to Me July 12, 2026
As a keiki, I was fortunate to be part of Kona Aerials Gymnastics. It was a life-
changing experience that taught me lessons I have carried with me into adulthood.
Through gymnastics, I learned the value of hard work, perseverance, setting goals and achieving them, helping others, and being part of a team and a community. Some
of the friendships I made there have lasted to this day, and I am now 42 years old.
The skills, experiences, and lifelong bonds I gained are truly priceless.
Today, I feel incredibly grateful that my own keiki have the opportunity to experience the same program that meant so much to me. I have watched my daughter, Lilia,
blossom since joining Kona Aerials. Her confidence has grown tremendously. She
has become braver, strengthened her social and listening skills, and, for the first time,
has learned how to set goals for herself and work toward achieving them. When I told Lilia, who is 7 years old, that the state wanted to shut down the gym, she
immediately broke down in tears. She told me she didn't understand why anyone
would want to take away a place that she loves so much.
My youngest daughter, Leia, who is 3, lights up every time she sees her coaches while watching her sister at practices. She often says after her keiki class and
throughout the week, "I love Coach Nanette and Coach Josh. He is my hero." Those
simple words reflect the positive impact these coaches have on our children and the
trust they have earned from the families they serve. Kona Aerials has had a profound impact on my family and on so many others in our
community. It is far more than a gymnastics gym—it is a place where children build
confidence, character, friendships, and resilience that will stay with them for the rest
of their lives. I respectfully ask that you consider what Kona Aerials means to the children and
families who depend on it. Losing this program would be devastating to our
community. Please do not take away this opportunity for our keiki to grow, thrive, and
experience the same lifelong benefits that I was fortunate enough to receive.
Giselle Thompson
808-315-3348
From: jeri macres
To: Planning LPC Testimony
Cc: konaaerials@aol.com
Subject: Jeri Macres Testimony
Date: Tuesday, July 21, 2026 11:04:16 AM
Attachments: Testimony Macres.pages
Leeward planning commission
Chair Dean Au
Application # PL – SPP – 2026–000128
My name is Jeri Macres and I am the grandmother of Lilia and Leia Macres.
Kona Aerials Gymnastics has been a wonderful part of my granddaughters' lives. It brings me so much joy to watch them grow stronger, not only physically but mentally and emotionally as well. Through gymnastics, I have seen their confidence, determination, and resilience
continue to grow. The coaches are exceptional. They are caring, patient, and dedicated to helping every child succeed while creating a positive and
encouraging environment. Our family would be deeply saddened to lose such a valuable place for our children and community. Kona Aerials is more than just a
gymnastics facility—it is a place where children learn important life skills, build confidence, and create lasting friendships. I respectfully ask that you consider the positive impact Kona Aerials has on so many families and allow it to continue serving our
community.
Jeri Macres 808-747-9633
From: Demetria Owens
To: Planning LPC Testimony
Cc: konaaerials@aol.com
Subject: Kona Aerials Support Letter
Date: Tuesday, July 28, 2026 11:06:12 AM
Attachments: Kona Aerials Permit Support Letter.pdf
I hope this email and subsequent letter finds you well. I am a former gymnast writing in
regards to the special use permit application for Kona Aerials Gymnastics.
Warm regards, Demetria Owens
To Whom it May Concern,
My name is Demetria. I am a mom to three little girls, so my whole life revolves
around decisions for children.
I was a gymnast at Kona Aerials myself. I was just a toddler when I took my first
class and eventually spent many years as a competitive gymnast on the team. My
parents strongly believed in extracurriculars, so if there was a sport to be signed up for, I
tried it. I’ve had a lot of coaches and instructors. Gymnastics is one of the most
advantageous sports a young person can participate in and Nanette is the epitome of a
coach.
Teaching in and of itself is an art, but coaching is not just teaching. We have a
generation of youth that are not healthily acquainted with fear. They participate in low
stakes struggle or no stakes at all. Their threshold for pressure, mentally and physically,
is practically nonexistent and thus we categorize them as anxious. They display signs of
anxiety when speaking in class, taking academic tests, or during daily decision making.
Most youth are not expected to participate in physical activity that they consider painful,
and are actually discouraged from activity that can be considered risky.
We need our kids to be able to gauge risk more accurately. They should not be
displaying signs of fear (like racing hearts and sweating) if they are not actually in
danger. Gymnastics comes with inherent, real, risk. Having kids participate in an
environment where there is real risk allows the mind to better organize itself to danger
assessment. They will fall. They will feel pain. Actually experiencing consequences
supports the mind’s ability to calculate potential outcomes in the future. There are
appropriate times to feel fear, and appropriate ways in which to work through those
barriers. Kids need a place to go to learn these skills that will continue serving them
throughout their lives.
Training in gymnastics is more intense than most other sports in the world.
Gymnastics pushes the body and mind harder, requires more tenacity and grit. The risk
is higher, and therefore so is the reward. Do you know what it feels like to run as fast as
you can straight towards an immovable object? How it feels to throw your body into the
air to flip? A gym cannot be successful simply because it has the right equipment and
instructors that understand the mechanics of the skills taught. The relationship between
a coach and an athlete is the critical piece. The gymnasts’ trust in her coach is essential
to success. A gymnast will leap into the air, upside down, over a 4 inch wide beam for
the first time because her coach is standing there ready to catch her if she falls. A
gymnast will do it independently for the first time because her coach made sure she
believes in herself. I was not the most fearless gymnast in the gym growing up, but I
always knew I could trust Coach Nanette, and trust myself in turn.
The list of qualities honed in gymnastics is endless. Teamwork, confidence,
strength, leadership, etc. These are all skills I do believe were strengthened in myself
because of Kona Aerials. However, risk assessment is what I have seen gymnasts walk
away with that I don’t typically see in other young people.
I grew up in Kona, but after graduating high school I moved to Arizona, which is
where I live with my family now. We have access to at least a dozen programs within
reasonable driving distance from our house, none of which compare to Kona Aerials. We
visit Kona multiple times a year, and Kona Aerials.
My daughters adore Coach Nanette. It actually makes me laugh because my
oldest daughter is as defiant as they come. I’ve put her in program after program for
different sports and activities and the instructors consistently report struggling to get
her to listen. Nanette is not like most instructors though. From just one hour with Coach
Nanette, my daughter was performing new skills. After one week, she was noticeably
stronger and more confident. If I could pick up the whole gym and put it next to my
house, I would.
I send my kids to school so they have access to knowledge. At school, they learn
to consume information, process, and articulate their thoughts. I send my kids to
gymnastics so that they will become strong, build work ethic, endure through struggles
like tiredness and pain, and face physical and mental fear. I want them to train their
minds and bodies so they know they can. They’ll know they can do hard things. They’ll
know they can do scary things. They will certainly encounter obstacles in their future
endeavors, but my goal as a parent is to make sure those obstacles aren’t themselves.
I am incredibly thankful to have grown up training at Kona Aerials and am
honored to have been trained by Coach Nanette.
Sincerely,
Demetria Owens