Loading...
HomeMy WebLinkAbout2026-07-16 Leeward Planning Commission Written Summary Minutes Page 1 of 10 Leeward Planning Commission July 16, 2026 Written Summary Minutes LEEWARD PLANNING COMMISSION COUNTY OF HAWAI‘I WRITTEN SUMMARY MINUTES JULY 16, 2026 A video recording is made part of these minutes, which can be viewed on the YouTube County of Hawai‘i Planning Department channel at https://youtube.com/live/hlYJs-oeyJ4 Timestamps are provided for reference in accordance with the provisions of Chapter 92, Hawai‘i Revised Statutes. In the event the video recording becomes unavailable at the above-mentioned URL address, the public can contact the Planning Department for assistance. The Leeward Planning Commission met in regular session on July 16, 2026, at 9:35 a.m. in the West Hawai‘i Civic Center, Council Chambers, Building A, 74-5044 Ane Keohokālole Highway, Kailua-Kona, Hawai‘i, with Chair Dean Au presiding. This meeting was streamed live on YouTube. COMMISSIONERS PRESENT: Dean Au (Chairperson), Donna “Kinuko” Noborikawa (Vice Chair), Jacob Andrews, Rebecca “Kawehi” Inaba, Shawn “Kele” Makaiau, and Armando Rodriguez (left at 2:01 p.m.). COMMISSIONERS ABSENT AND EXCUSED: Alexandria “Lexie” Ayers. ALSO PRESENT: Diana Mellon-Lacey, Esq. (Counsel to the Commission), Jeffrey Darrow (Planning Director, Jean Campbell, Esq. (Counsel to the Planning Department), and Planning Department staff. The meeting was called to order at 9:35 a.m. by Chairperson Dean Au with a quorum present. Approximately twenty-three members of the public were in the audience. [SEE YOUTUBE TIMESTAMP 12:17] APPROVAL OF MINUTES [SEE YOUTUBE TIMESTAMP 14:31] At 9:37 a.m., Chairperson Au addressed the April 23, 2026, and June 18, 2026, meeting minutes. Vice Chair Noborikawa noted a correction to June 18, 2026, meeting minutes. On Page 6, the last paragraph, the reference to the “next regular meeting is scheduled for Tuesday, June 30, 2026” should instead read “next meeting is a special meeting scheduled for Tuesday, June 30, 2026.” Vice Chair Noborikawa moved to approve the June 18, 2026, meeting minutes, as amended to reflect that the June 30, 2026, meeting was a “special meeting” rather than a “regular meeting”. Commissioner Inaba seconded the motion, and the motion carried unanimously by voice vote. Page 2 of 10 Leeward Planning Commission July 16, 2026 Written Summary Minutes Vice Chair Noborikawa moved to approve the April 23, 2026, meeting minutes, as corrected. Commissioner Makaiau seconded the motion, and the motion carried unanimously by voice vote. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS [SEE YOUTUBE TIMESTAMP 17:29] At 9:40 a.m., the Commission addressed this item, with approximately twenty-six members of the public present. Three individuals testified via Zoom, and three individuals testified in person. Public testimony concluded at 10:00 a.m. NEW BUSINESS 1. APPLICANT: SANGWOOK LEE. (PL-USE-2026-000045) [SEE YOUTUBE TIMESTAMP 37:18] Application for a Use Permit to establish a one (1)-bedroom bed and breakfast within an existing three (3)-bedroom dwelling on a 10,125-square foot property within the State Land Use Urban District. The subject property is located west (makai) side of ʻAmaʻama Street, 90 feet north of its intersection with Kaʻiminani Drive, Kona Palisades, Kona, Hawaiʻi, TMK: (3) 7-3-035:036. The Commission began consideration of this item at 10:00 a.m., with approximately twenty-seven members of the public present. Action: Commissioner Rodriguez moved to approve application No. PL-USE-2026- 000045. Vice Chair Noborikawa seconded the motion. [SEE YOUTUBE TIMESTAMP 48:54] Chairperson Au opened the floor for Commission comments and discussion. [SEE YOUTUBE TIMESTAMP 49:08] He expressed appreciation for the neighbors’ testimony and acknowledged the concerns raised. He commented that affordable housing is an issue on Hawaiʻi Island and throughout the State. He stated that property owners have the right to use their property in accordance with applicable laws and regulations. He noted that balancing private property rights with community concerns is a difficult responsibility for the Commission. He encouraged applicants and developers to work with neighboring property owners whenever possible. He also stated that he was troubled by the experiences shared during public testimony and expressed his apology to those affected. Vice Chair Noborikawa expressed similar concerns regarding the impacts of visitors on neighboring properties. She encouraged the Applicant and neighboring property owner Page 3 of 10 Leeward Planning Commission July 16, 2026 Written Summary Minutes Ms. Alvarez-Torres to communicate and discuss any concerns prior to operation of the bed and breakfast. She also suggested that the Applicant check in with neighboring property owners to address issues such as excessive noise, visitors parking in undesignated areas or parking on neighboring properties. [SEE YOUTUBE TIMESTAMP 50:41] With no comments or discussion, a roll call vote was taken. The motion carried unanimously with six ayes (Rodriguez, Noborikawa, Andrews, Inaba, Makaiau, and Au) no noes and one excused absence (Ayers). [SEE YOUTUBE TIMESTAMP 52:14] The hearing on this item concluded at 10:16 a.m. 2. APPLICANT: KONA KAI, LLC (PL-SPP-2025-000109) [SEE YOUTUBE TIMESTAMP 53:29] Application 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. 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, Hawai‘i, TMK: (3) 7-5-011:014 & :042. The Commission began consideration of this item at 10:16 a.m., with approximately twenty-six members of the public present. Commissioner Rodriguez recused himself from this agenda item, stating he is a coffee farmer and is familiar with some of the members of the public who would be providing testimony. [SEE YOUTUBE TIMESTAMP 54:21] Planning Department staff planner Christian Kay stated that the Petition for Standing in a Contested Case would need to be addressed first. He also noted a correction to the agenda heading, which indicated that the request was for overnight accommodations for 19 guests per night. Mr. Kay clarified that the Applicant had subsequently amended the request to allow up to 12 guests per night within five permitted bedrooms of the dwelling and requested that the correction be noted for the record. [SEE YOUTUBE TIMESTAMP 55:01] Nine individuals provided in-person testimony, and four individuals provided testimony via Zoom on this agenda item. [SEE YOUTUBE TIMESTAMP 57:27] Chairperson Au announced that the Commission had received a Petition for Standing in a Contested Case Hearing. He asked Planning Department staff member Christian Kay to confirm that the petition had been properly filed and timely provided to the Applicant. Mr. Kay confirmed that the petition had been timely filed, was complete, and had been Page 4 of 10 Leeward Planning Commission July 16, 2026 Written Summary Minutes provided to both the Applicant and the Planning Director. He read the criteria set forth in Rule 4-6 (b) for determining whether standing should be granted. [SEE YOUTUBE TIMESTAMP 01:35:03] PETITION OF ERIN GALLOGLY (PL-CCH-2026-00034) The Commission took up this item at 11:01 a.m. with approximately twenty-three members of the public present. Petitioner Erin Gallogly appeared and explained why standing should be granted under the criteria set forth in Rule 4-6. She stated her interest was distinguishable from that of the general public because her property is the closest to the subject property. She cited concerns regarding traffic on the private easement road, noise, and disrespectful behavior. [SEE YOUTUBE TIMESTAMP 01:37:55] Chairperson Au opened the floor for questions from the Commissioners to Petitioner Erin Gallogly. [SEE YOUTUBE TIMESTAMP 01:50:28] Patrick Wong, Esq., of Carlsmith Ball, attorney for the Applicant, Kona Kai LLC, appeared with landowner Jason Eisert and Land Use Planning Consultant Daryn Arai. Chairperson Au asked whether the Applicant opposed Ms. Gallogly's petition. Mr. Wong requested that the Commission consider the petition in its entirety, noting that although Planning Department staff had confirmed it was timely and complete, the petition contained an apparent inconsistency. He directed the Commission to subsection C of the petition and stated that, while the petition indicated Ms. Gallogly owned the adjacent property and had an interest in the easement serving the subject property, it also contained a sworn statement indicating that she had an ownership interest in and resided on the subject property. He argued that this inconsistency rendered the petition incomplete unless corrected by the Petitioner and requested that the Commission strike the petition. [SEE YOUTUBE TIMESTAMP 01:53:51] Mr. Wong further argued that the issue before the Commission was whether the petition should be denied based on the alleged inaccuracies in the sworn petition, rather than whether standing should be granted. He stated that the Petitioner's testimony regarding traffic, noise, and disrespectful behavior did not satisfy the criteria for standing under Planning Commission Rule 4-6. He asserted that the Petitioner's claim of ownership interest in the subject property was inaccurate and requested that the Commission strike the petition. He also suggested that the matter be referred to the Board of Ethics for review. [SEE YOUTUBE TIMESTAMP 01:58:29] Planning Director Jeffrey Darrow stated that the Planning Department had no objection to the petition. He opined that the Petitioner had an interest that was clearly distinguishable from that of the general public. He acknowledged that the Petitioner was representing herself and may not have fully understood the legal terminology used in the Page 5 of 10 Leeward Planning Commission July 16, 2026 Written Summary Minutes petition. He noted that she resides in close proximity to the subject property and recommended that the Commission grant standing. [SEE YOUTUBE TIMESTAMP 02:01:11] Chairperson Au opened the floor for Commissioners' questions to Planning Department staff regarding property ownership, easements, access, and properties at issue. [SEE YOUTUBE TIMESTAMP 02:02:38] Chairperson Au asked petitioner, Erin Gallogly, to return to the testifier table to provide additional comments and respond to questions from the Commission. Petitioner Erin Gallogly explained that, when completing the petition, she understood the reference to "land" in subsection C to include the easement used to access the subject property based on guidance she had received. She clarified that she does not have an ownership interest in the subject property and stated that, had she understood the question differently, she would have answered "no" to subsection C and included her explanation under subsection A instead. She apologized for the error and indicated that she was willing to amend or resubmit the petition, or recant her response to subsection C, if necessary. [SEE YOUTUBE TIMESTAMP 02:13:57] Chairperson Au asked the Applicant and its representatives to return to the testifier table if they wished to respond to comments provided by Petitioner Erin Gallogly. Mr. Wong stated that they appreciated Ms. Gallogly clarifying and recanting her response in the petition. He stated that it was up to the Commission to determine whether she still satisfied the criteria for standing based on the information provided. He opined that she did not meet the criteria but acknowledged that her testimony indicated she was confused regarding the information requested in subsection C. He deferred the matter to the Commission's discretion and requested that there be no further delay in the proceedings. [SEE YOUTUBE TIMESTAMP 02:16:07] Vice Chair Noborikawa moved that the commission enter executive session to consult with its attorney regarding questions and issues pertaining to the commission’s powers, duties, privileges, immunities, and liabilities pursuant to Hawaiʻi Revised Statute §92-5 specifically legal issues concerning the criteria to establish standing to intervene in this matter. Commissioner Makaiau seconded the request. [SEE YOUTUBE TIMESTAMP 02:17:26] A roll call vote was taken, and the motion was passed with five ayes (Noborikawa, Makaiau, Andrews, Inaba, and Au), no noes, one recused (Rodriguez) and one absent and excused (Ayers). [SEE YOUTUBE TIMESTAMP 02:18:18] The Commission entered executive session at 11:48 a.m. Page 6 of 10 Leeward Planning Commission July 16, 2026 Written Summary Minutes At 12:04 p.m. Chairperson Au called the meeting back to order and noted that the Commission had entered executive session, during which it consulted with its attorney regarding legal matters. [SEE YOUTUBE TIMESTAMP 02:40:39] Action on Petition of Erin Gallogly (PL-CCH-2026-000032): Commissioner Makaiau moved to grant Erin Gallogly’s Petition for Standing in a Contested Case Hearing, finding that the petition satisfied Criterion 1 of Planning Commission Rule 4-6(b). Vice Chair Noborikawa seconded the motion. [SEE YOUTUBE TIMESTAMP 02:41:09] With no discussion, the Commission voted by roll call. The motion carried with five ayes (Makaiau, Noborikawa, Andrews, Inaba, and Au) no noes, one recused (Rodriguez) and one absent and excused (Ayers). [SEE YOUTUBE TIMESTAMP 02:41:54] Selection of Hearings Officer: [SEE YOUTUBE TIMESTAMP 02:43:10] Action Selection of Hearings Officer: [SEE YOUTUBE TIMESTAMP 02:44:41] Commissioner Makaiau moved that a hearings officer be appointed to hear the matter. Vice Chairperson Noborikawa seconded the motion. With no discussion, the Commission voted by roll call. The motion carried with five ayes (Makaiau, Noborikawa, Andrews, Inaba, and Au) no noes, one recused (Rodriguez) and one absent and excused (Ayers). [SEE YOUTUBE TIMESTAMP 02:45:12] Vice Chairperson Noborikawa moved to defer the matter pending the completion of mandatory mediation process and/or the contested case hearing. The motion was seconded by Commissioner Inaba. [SEE YOUTUBE TIMESTAMP 02:46:05] With no discussion, the Commission voted by roll call. The motion carried with five ayes (Noborikawa, Inaba, Andrews, Makaiau, and Au) no noes, one recused (Rodriguez) and one absent and excused (Ayers). [SEE YOUTUBE TIMESTAMP 02:46:40] The hearing on this item concluded at 12:10 p.m. At 12:10 p.m. Chairperson Au called for a lunch recess. [SEE YOUTUBE TIMESTAMP 02:47:00] The hearing reconvened at 1:03 p.m. [SEE YOUTUBE TIMESTAMP 03:40:25] 3. INITIATOR: COUNTY COUNCIL (PL-CCI-2026-000017) [SEE YOUTUBE TIMESTAMP 03:40:43] Bill 154, an ordinance amending Chapter 25 (Zoning), Articles 1, 5, and 7 of the Hawaiʻi County Code 1983 (2016 Edition, as amended), relating to commercial parking lots and garages by revising the definition of commercial parking lots and garages, removing such uses from permitted uses within the zoning code, and establishing nonconforming use provisions for existing commercial parking lots and garages. Page 7 of 10 Leeward Planning Commission July 16, 2026 Written Summary Minutes The Commission began consideration of this item at 1:04 p.m., with approximately three members of the public present. Commissioner Inaba recused herself from this agenda item because the author of the proposed bill is her son, Holeka Inaba. [SEE YOUTUBE TIMESTAMP 03:41:24] For the record, Chairperson Au noted that Commissioner Rodriguez had returned to the meeting following his recusal from Item No. 2. [SEE YOUTUBE TIMESTAMP 03:41:39] Planning Department staff member Tracie-Lee Camero provided a presentation. [SEE YOUTUBE TIMESTAMP 03:41:59] County Council Chair Dr. Holeka Goro Inaba then provided additional information to the Commission. [SEE YOUTUBE TIMESTAMP 03:47:49] Chairperson Au opened the floor for questions from the Commissioners to the Planning Department staff and Council Chair Inaba. [SEE YOUTUBE TIMESTAMP 03:53:48] Action: Commissioner Makaiau moved that the Commission forward a favorable recommendation on Bill 154 to the County Council, inclusive of the revisions recommended by the Planning Director. Vice Chair Noborikawa seconded the motion. [SEE YOUTUBE TIMESTAMP 03:59:24] Chairperson Au opened the floor for Commission comments and discussion. He commented that he previously served on the Windward Planning Commission and noted that Hilo's Downtown Commercial District is unique due to its limited space and historic character. He stated that the area was devastated by past tsunamis and subsequently rebuilt. He commented that Hilo would benefit from revitalization efforts to help the community thrive and expressed his support for the Planning Director's recommendation. He concluded that Bill 154 is a step forward and part of the effort to improve and strengthen the Hilo community. [SEE YOUTUBE TIMESTAMP 03:59:44] Vice Chair Noborikawa expressed her support for the motion, including the provisions affecting Hilo. She commented that she has family in Hilo and shared fond memories of spending time in the Downtown area while growing up. She stated that, although the Leeward Planning Commission is responsible for only a portion of the island, it is important for the Commission to remain aware of issues affecting other areas of Hawaiʻi Island because they may have future impacts. She concluded that it was appropriate for the Commission to consider the Hilo-related provisions as part of the overall bill. [SEE YOUTUBE TIMESTAMP 04:01:06] With no comments or discussion, a roll call vote was taken. The motion carried unanimously with five ayes (Makaiau, Noborikawa, Andrews, Rodriguez, and Au), no noes, one recused (Inaba) and one excused and absent (Ayers). [SEE YOUTUBE TIMESTAMP 04:02:26] Page 8 of 10 Leeward Planning Commission July 16, 2026 Written Summary Minutes The hearing on this item concluded at 1:26 p.m. OLD BUSINESS 4. INITIATOR: COUNTY COUNCIL (PL-CCI-2026-00016) [SEE YOUTUBE TIMESTAMP 04:03:41] Bill 147, an ordinance amending Chapter 2 (Administration), Article 7 and Chapter 25 (Zoning), Article 1, Article 2, Article 4, Article 5 and Article 7 of the Hawaiʻi County Code (2016 Edition, as amended), relating to transient accommodations; repealing Sections 25-4-7 and 25-4-16 through 25-4-16.3, repealing existing provisions relating to bed and breakfast establishments and short-term vacation rentals; and establishing a new regulatory framework for transient vacation rentals, including bed and breakfast uses, with provisions relating to permitted uses, permitting, enforcement, and operational standards. The Commission began consideration of this item at 1:27 p.m., with approximately three members of the public present. For the record, Chairperson Au noted that Commissioner Inaba had returned to the meeting. [SEE YOUTUBE TIMESTAMP 04:04:37] Planning Department staff member Tracie-Lee Camero provided an update since the Commission’s June 30, 2026, meeting, including revised Recommendations Nos. 7 and 8, which reflected the discussion from the previous meeting and the outcome of the Windward Planning Commission meeting. [SEE YOUTUBE TIMESTAMP 04:05:00] Planning Director Jeffrey Darrow and Councilmember Heather Kimball then provided additional comments and information, followed by questions from the Commission. [SEE YOUTUBE TIMESTAMP 04:06:56] For the record, Chairperson Au noted that Commissioner Rodriguez had left the meeting. [SEE YOUTUBE TIMESTAMP 04:38:06] Four individuals provided in-person testimony, and one individual provided testimony via Zoom on this agenda item. [SEE YOUTUBE TIMESTAMP 04:38:15] Councilmember Kimball and Planning Director Darrow returned to address concerns raised during public testimony regarding CN zoning, provided additional clarification on the recommendations relating to RM zoning and offered additional comments. [SEE YOUTUBE TIMESTAMP 04:56:05] Action: Vice Chair Noborikawa moved that the Commission forward a favorable recommendation of Bill 147 to the County Council inclusive of the recommended changes proposed by the Planning Director. Commissioner Inaba seconded the motion [SEE YOUTUBE TIMESTAMP 05:03:16] Page 9 of 10 Leeward Planning Commission July 16, 2026 Written Summary Minutes Chairperson Au opened the floor for Commission comments and discussion. He stated that he supports the motion, as it is a step toward creating a legal pathway for short-term vacation rentals (STVR’s). He commented that the bill is a sensitive issue affecting many members of the community, including homeowners, renters, visitors, and local residents. He noted that the Commission's recommendation to the County Council would have a broad impact. He reminded the public that there would be additional opportunities to provide testimony and share their manaʻo with the County Council. He encouraged members of the public to contact Councilmembers directly, schedule meetings, and discuss their concerns or recommendations. He concluded by encouraging those who were opposed to or discouraged by the bill to continue participating in the process before the County Council. [SEE YOUTUBE TIMESTAMP 05:03:40] Vice Chair Noborikawa commented that the bill is a beginning step toward addressing issues related to short-term vacation rentals. She noted that the provisions regarding CN zoning and bed and breakfasts were based on recommendations from the Kona Community Development Plan (CDP) Action Committee. She encouraged the public testifier to attend a Kona CDP Action Committee meeting to discuss the recommendation and learn more about the reasons behind it. She explained that the Commission values the input of the CDP Action Committees because their members are familiar with issues affecting their respective communities and provide recommendations to the Commission and the County Council. [SEE YOUTUBE TIMESTAMP 05:05:46] Chairperson Au expressed his appreciation to everyone for their time and efforts on the issue. He acknowledged that both the Commissioners and the members of the public volunteered their time to participate in the meeting, including taking time away from work to attend. [SEE YOUTUBE TIMESTAMP 05:07:23] With no further comments or discussion, a vote for a roll call was taken. The motion carried unanimously with five ayes (Noborikawa, Inaba, Andrews, Makaiau, and Au) no noes, and two absent and excused (Ayers and Rodriguez). [SEE YOUTUBE TIMESTAMP 05:08:04] The hearing on this item concluded at 2:31 p.m. PLANNING DIRECTOR’S REPORT [SEE YOUTUBE TIMESTAMP 05:08:52] Report on Special Management Area (SMA) determinations and minor permits issued by the Planning Director for June 2026. There were no questions regarding the report AGENDA ITEMS FOR THE NEXT MEETING [SEE YOUTUBE TIMESTAMP 05:09:21] Planning staff member Maija Jackson noted that there were tentatively three items scheduled for the Commission’s next meeting on August 20, 2026. It was also confirmed Page 10 of 10 Leeward Planning Commission July 16, 2026 Written Summary Minutes that the September meeting had been rescheduled from September 10 to September 24, 2026. ANNOUNCEMENTS [SEE YOUTUBE TIMESTAMP 05:09:49] ADJOURNMENT [SEE YOUTUBE TIMESTAMP 05:10:13] Vice Chair Noborikawa moved to adjourn the meeting. Commissioner Inaba seconded the motion. A voice vote was taken, and all members were in favor. The meeting adjourned at 2:33 p.m. Respectfully submitted, Melissa Dacayanan-Salvador Secretary ATTEST: Dean Au, Chairperson Leeward Planning Commission Melissa Dacayanan-Salvador (Aug 21, 2026 18:35:57 HST) Meli sa Dsac yn- ySyv yndnvdor (Au g