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HomeMy WebLinkAbout2026-08-20 Leeward Planning Commission Written Summary Minutes - final Page 1 of 10 Leeward Planning Commission August 20, 2026 Written Summary Minutes LEEWARD PLANNING COMMISSION COUNTY OF HAWAI‘I WRITTEN SUMMARY MINUTES AUGUST 20, 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 Part 1 - https://youtube.com/live/MnEixtock-A Part 2 - https://youtube.com/live/Av3ud35tmDU 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 August 20, 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 Chairperson Dean Au presiding. This meeting was streamed live on YouTube. COMMISSIONERS PRESENT: Dean Au (Chairperson), Donna “Kinuko” Noborikawa (Vice Chair), Jacob Andrews, Alexandria “Lexie” Ayers, Rebecca “Kawehi” Inaba, Shawn “Kele” Makaiau (from 9:37 a.m.), and Armando Rodriguez. 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 thirty members of the public were in the audience. [SEE PART 1 YOUTUBE TIMESTAMP 03:29] STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS [SEE PART 1 YOUTUBE TIMESTAMP 05:32] At 9:37 a.m., the Commission addressed this agenda item, with approximately thirty members of the public present. Three individuals provided in-person testimony, and no testimony was provided via Zoom. Statements from the Public concluded at 9:46 a.m. Chairperson Au noted for the record that Commissioner Makaiau is present at the meeting. [SEE PART 1 YOUTUBE TIMESTAMP 15:26] Page 2 of 10 Leeward Planning Commission August 20, 2026 Written Summary Minutes APPROVAL OF MINUTES [SEE PART 1 YOUTUBE TIMESTAMP 15:44] At 9:47 a.m., Chairperson Au addressed the July 16, 2026, meeting minutes. Commissioner Inaba noted a typographical correction on Page 6, changing “12:10 a.m.” to “12:10 p.m.” regarding the time the Chairperson called for a lunch recess. Vice Chair Noborikawa moved to approve the July 16, 2026, meeting minutes, with the correction noted by Commissioner Inaba. Commissioner Inaba seconded the motion, which carried unanimously by voice vote. NEW BUSINESS Chairperson Au announced that the agenda items would be taken out of order, with Agenda Item No. 3 addressed before Items Nos. 1 and 2 due to the number of keiki present. He noted that the keiki should be in school or preparing to return to school and that the upcoming storm could further disrupt their education. He apologized for delaying Items Nos. 1 and 2 and stated that he felt the keiki were more important at this time. [SEE PART 1 YOUTUBE TIMESTAMP 17:03] 3. APPLICANT: KONA AERIAL GYMNASTIC TEAM INC. (PL-SPP-2026-000128) [SEE PART 1 YOUTUBE TIMESTAMP 17:35] Application to amend Special Permit No. 21-000227 to allow a 12-month time extension to Condition No. 6 (Secure and Finalize Building Permits). Special Permit No. 21-000227 which was issued to legitimize the operation of a youth gymnastic 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 Hualālai Road, approximately 700 feet east of its intersection with Queen Kaʻahumanu Highway, Kahalui 1st, North Kona, Hawaiʻi, TMK: (3) 7-5-017:044 (por). The Commission began consideration of this item at 9:49 a.m., with approximately thirty- five members of the public present. Ten individuals provided in-person testimony, and no testimony was provided via Zoom on this agenda item. [SEE PART 1 YOUTUBE TIMESTAMP 31:00] Chairperson Au opened the floor to Commissioners to ask questions of Planning staff, the Applicant’s Representative, and the Applicant. [SEE PART 1 YOUTUBE TIMESTAMP 49:58] Action: Vice Chair Noborikawa moved that the Applicant’s request to amend Special Permit 21-000227 to allow a 12-month time extension to Condition 6 (Secure and Finalize Building Permits) on the subject property located within the State Land Use Agricultural District be granted, in accordance with the Planning Director’s recommendation and conditions and Commissioner Inaba seconded the motion. [SEE PART 1 YOUTUBE TIMESTAMP 01:07:25] Page 3 of 10 Leeward Planning Commission August 20, 2026 Written Summary Minutes Chairperson Au opened the floor for Commission comments and discussion. [SEE PART 1 YOUTUBE TIMESTAMP 01:08:04] Chairperson Au stated that he was uncertain whether he supported the motion and wanted to share his position while hearing the concerns of the other Commissioners. He noted that his daughters, nieces, and nephews had participated in gymnastics at Pantheon and that Coach Patty had provided them with great opportunities. He stated that he supported the intent of the Special Permit but emphasized that his concern was the well-being and safety of everyone using the facility, as also raised by Councilmember Villegas. [SEE PART 1 YOUTUBE TIMESTAMP 01:08:07] Vice Chair Noborikawa stated that there were several reasons for making the motion. First, she noted that the purpose of the Special Permit was to legitimize the operation of a youth gymnastics and sports fitness facility and related improvements. She stated that the Special Permit would allow the facility to be brought into compliance and address the problems that had occurred previously. She explained that if the permit was not issued, the problems would not be corrected. If approved, the Applicant would be required to complete the necessary work to bring the facility into compliance, and failure to do so could result in the facility being shut down. She then discussed Condition No. 6, which requires the Applicant to secure and finalize building permits. She stated that the requested 12-month extension would provide the Applicant time to complete the work necessary to bring the facility into compliance. She said she supported approval because it places the responsibility on the Applicant to complete the required work. She reiterated her support for a favorable recommendation, stating that approval of the Special Permit, with the proposed amendment, was necessary to bring the facility into compliance and address the outstanding issues. [SEE PART 1 YOUTUBE TIMESTAMP 01:08:59] Commissioner Rodriguez stated that his concern was safety. He asked whether an emergency structural inspection could be conducted before the permit was approved. He noted that, following recent earthquakes and hurricanes, he had seen significant damage, particularly in southern areas, and stated that he did not want anyone to be injured or killed. Chairperson Au stated that, if a Special Permit or building permit is approved or denied, the Applicant would still be required to address the applicable requirements. He asked Planning staff or Planning Director Darrow to confirm that a building permit would not be approved if the building did not meet County of Hawaiʻi safety standards. He further stated that obtaining a Certificate of Occupancy requires approval from the appropriate County and State agencies. He explained that the Commission was not considering those approvals at this time but was considering whether to approve or deny the Special Permit, which would determine what the Applicant would need to do moving forward. He reiterated that the Commission should focus on the Special Permit. [SEE PART 1 YOUTUBE TIMESTAMP 01:13:26] Page 4 of 10 Leeward Planning Commission August 20, 2026 Written Summary Minutes Vice Chair Noborikawa stated that she previously failed to mention that the building permit was an as-built permit. She explained that an as-built permit documents an existing building and requires an engineer and other qualified individuals to inspect the building and prepare plans showing the existing conditions. She stated that if there are items that do not meet the current International Conference of Building Officials (ICBO) code, the necessary changes are identified on the plans and submitted to the Building Department for review. She explained that approval of the building permit means the ICBO requirements, including safety requirements, have been addressed and that the Applicant must complete the necessary changes to bring the existing building into compliance. She stated that, based on this, she was comfortable moving forward with the Special Permit because the safety and compliance issues would be addressed. [SEE PART 1 YOUTUBE TIMESTAMP 01:15:19] Commissioner Ayers agreed with Vice Chair Noborikawa, stating that the focus was on extending the permit. She noted the importance of gymnastics and youth sports to the community and stated that granting the extension would place pressure on the Applicant to complete the work. She also urged the Applicant to work with the landowner, noting that the landowner has more control over the property than the Applicant. She acknowledged the Applicant’s efforts and thanked the parents and children who attended. Regarding Condition 6, she stated that, although the list of requirements was extensive, a one-year extension appeared sufficient to address building compliance and safety issues. [SEE PART 1 YOUTUBE TIMESTAMP 01:16:44] Commissioner Inaba agreed with Vice Chair Noborikawa and Commissioner Ayers, stating that significant work remained and that it was unfortunate Kona Aerials was taking the impact of what had occurred over the years, which she felt was unfair. She stated that she wished to propose additional reasonable conditions and asked Chairperson Au when and how to do so. Chairperson Au stated that she could propose the conditions on the record at that time, with staff assisting with the wording. Commissioner Inaba proposed two additional conditions: that the Applicant shall submit a monthly written progress report to the Planning Department detailing the status of all outstanding permitting and compliance requirements, and that the 12-month extension be the final extension granted, with no further requests for additional time considered. [SEE PART 1 YOUTUBE TIMESTAMP 01:18:26 Before discussion of the proposed conditions, Chairperson Au asked Vice Chair Noborikawa, as the maker of the motion, if she agreed to the proposed conditions. Vice Chair Noborikawa responded, “yes.” Commissioner Inaba, who seconded the original motion, also stated, “yes.” Chairperson Au allowed the Applicant and their representative an opportunity to discuss the proposed conditions and the opened the floor for discussion by the Commission. [SEE PART 1 YOUTUBE TIMESTAMP 01:20:09] Chairperson Au started the discussion by stating that he was still unsure whether he supported the motion with the proposed conditions. He stated that, as a business owner, if someone chooses to go into business with another person without knowing what they are getting into, “so be it,” and that whether the Commission approved the request or not, Page 5 of 10 Leeward Planning Commission August 20, 2026 Written Summary Minutes it would be the Applicant’s responsibility. He agreed with Commissioner Inaba that it was unfortunate that an Applicant who wanted to do good for the community had to deal with the history of a non-compliant landowner. He stated that if the Applicant was willing to deal with the situation, that was their choice, but he felt it was not fair to the Applicant. [SEE PART 1 YOUTUBE TIMESTAMP 01:20:39] Commissioner Makaiau stated that she was going to recommend the same conditions proposed by Commissioner Inaba, including that this be the final extension. She agreed that it was unfair for the Applicant to deal with the situation but noted that the Applicant was the one who wanted to remain at the property and provided good service to the community. She stated that the parents were ultimately responsible for deciding whether to have their children attend the facility, knowing that it was an as-built situation and that the permits were not final. She stated that, if there was no exposure to the County or Commission, she supported the one-year extension as the only way for the facility to remain open. She expressed her support for the Applicant’s work in the community and agreed that the extension would provide an opportunity to complete the process, with a time limit. [SEE PART 1 YOUTUBE TIMESTAMP 01:21:27] Vice Chair Noborikawa stated that she supported the additional conditions proposed by Commissioner Inaba. She stated that the one-year extension was essentially the timeframe requested by the Applicant and that the Applicant was aware the work should be completed within that period. She supported making the extension final. Regarding the monthly progress reports, she referred to the Applicant’s representative, John Pipan, and Commissioner Inaba regarding the timing of the reports. [SEE PART 1 YOUTUBE TIMESTAMP 01:23:13] Chairperson Au asked Applicant’s Representative John Pipan if he had consulted with the Applicant regarding the proposed conditions. Mr. Pipan responded yes and stated that the Applicant and landowner were amenable to both proposed conditions and appreciated the recommendations. [SEE PART 1 YOUTUBE TIMESTAMP 01:24:28] Vice Chair Noborikawa moved to amend her previous motion to add the two conditions suggested by Commissioner Inaba: that the Applicant submit a monthly written report on the progress of bringing the subject property into compliance and that this be the final extension granted for the project. Commissioner Inaba, who seconded the previous motion, concurred with the amended motion. [SEE PART 1 YOUTUBE TIMESTAMP 01:25:04] With no comments or discussion, a roll vote was taken. The motion carried unanimously with seven ayes (Noborikawa, Inaba, Andrews, Ayers, Makaiau, Rodriguez, and Au) and no noes. [SEE PART 1 YOUTUBE TIMESTAMP 01:26:37] The hearing on this item concluded at 10:58 a.m. Page 6 of 10 Leeward Planning Commission August 20, 2026 Written Summary Minutes 1. APPLICANTS: RYAN AND LEAH HERBERT (PL-SPP-2026-000132) [SEE PART 1 YOUTUBE TIMESTAMP 01:27:38] Application for a Special Permit to establish a three-bedroom bed and breakfast within an existing three-bedroom farm dwelling on a 1.00-acre parcel within the State Land Use Agricultural District. The subject parcel is located at 75-450 Nani Kailua Drive on the southeastern corner of Hienaloli Road, Auhaukeae 1st, North Kona, Hawaiʻi, TMK: (3) 7-5-012:097. The Commission began consideration of this item at 10:59 a.m., with approximately five members of the public present. Planning Department staff member Christian Kay stated for the record that a Petition for Standing in a Contested Case Hearing had been received that morning. He noted that, pursuant to the Planning Commission Rules, the petition must be received at least seven (7) days prior to the hearing to be considered timely and that the petition was not accompanied by the required filing fee. He provided the information to the Commission for the record. [SEE PART 1 YOUTUBE TIMESTAMP 01:36:32] Chairperson Au, with the petition in hand, verified that it had not been filed timely and that the required filing fee had not been received. He stated that, based on these issues, the petition would not be considered by the Commission. [SEE PART 1 YOUTUBE TIMESTAMP 01:37:03] Four individuals provided in-person testimony, and no testimony was provided via Zoom. [SEE PART 1 YOUTUBE TIMESTAMP 01:37:27] At Part 1 - YouTube Timestamp 01:49:39, audio is not available and the recording ends. Due to technical difficulties, at 11:22 a.m. Chairperson Au called for a recess. The hearing reconvened at 11:31 a.m. [SEE PART 2 YOUTUBE TIMESTAMP 05:55] Chairperson Au allowed Applicant Ryan Herbert to respond to the concerns raised by the public testifiers and to questions from the Commission. The Commission also asked questions of Planning Department staff. [SEE PART 2 YOUTUBE TIMESTAMP 06:32] Action: Commissioner Makaiau moved that the applicant’s request for a Special Permit to operate a three-bedroom bed and breakfast within an existing three-bedroom farm dwelling on the subject property located within the State Land Use Agricultural District be granted in accordance with the Planning Director’s recommendation and conditions. Vice Chair Noborikawa seconded the motion. [SEE PART 2 YOUTUBE TIMESTAMP 12:33] Chairperson Au opened the floor for Commission comments and discussion. [SEE PART 2 YOUTUBE TIMESTAMP 13:01] Page 7 of 10 Leeward Planning Commission August 20, 2026 Written Summary Minutes Chairperson Au opened the discussion regarding homeowners’ associations (HOAs) and Special Permit requests. He stated that HOAs and Special Permit requests were two separate matters. He explained that if an Applicant’s HOA does not allow short-term vacation rentals (STVRs), it is the Applicant’s responsibility. He stated that even if an Applicant goes through the County process to obtain a Special Permit, the Applicant must still follow the requirements of the deed, CC&Rs, and HOA. He noted that if an HOA does not allow an STVR, pursuing a Special Permit would be a waste of the Applicant’s time and money. Chairperson Au stated that the Applicant was before the Commission to pursue the requested use and that members of the public were providing testimony regarding their kuleana and concerns. He expressed his appreciation to everyone involved and stated that the process brings together Planning staff, developers, Special Permit applicants, and the community. He also acknowledged Mr. and Mrs. Lee for participating in many Commission applications and bringing their kuleana to the Commission. Vice Chair Noborikawa stated that there had been confusion about the terms used in discussions regarding short-term vacation rentals (STVRs). She said she was initially confused but that a webinar by Planning Director Darrow and Councilmember Kimball helped clarify the terms. She explained that an STVR is a rental where the host does not live on the property, while a bed and breakfast (B&B) is a rental where the host lives on the property. She noted that the host is required to live on the property and can address noise or other issues when they occur. Vice Chair Noborikawa then addressed Mr. Eisert’s concerns about the County moving forward with STVRs. She explained that property owners in the State Land Use Agricultural District, such as Mr. Herbert and his wife, are required to obtain a Special Permit. She stated that Mr. Herbert and his wife were doing what is required by the Code by coming forward with their request. She expressed her appreciation that they were doing so early, noting that the Commission would likely receive many similar applications. She stated that the Applicant was taking the required steps to bring the use into compliance. She also addressed the concerns raised by the Lees and noted that the Code includes requirements for quiet hours and other rules approved by the County Council. She stated that these requirements provide additional ways to address the problems that had occurred previously. [SEE PART 2 YOUTUBE TIMESTAMP 14:30] Chairperson Au reiterated his appreciation to the Applicant for taking steps to come into compliance and for coming forward early to do so. [SEE PART 2 YOUTUBE TIMESTAMP 17:01] With no comments or discussion, a roll call vote was taken. The motion carried unanimously with seven ayes (Makaiau, Noborikawa, Andrews, Ayers, Inaba, Rodriguez, and Au) and no noes. [SEE PART 2 YOUTUBE TIMESTAMP 17:22] The hearing on this item concluded at 11:43 a.m. Page 8 of 10 Leeward Planning Commission August 20, 2026 Written Summary Minutes 2. APPLICANTS: PAUL BYRON AND HEATHER KOROTIE (PL-SPP-2026-000123) [SEE PART 2 YOUTUBE TIMESTAMP 17:59] Application for a Special Permit to establish a five-bedroom bed and breakfast and massage/wellness services within a proposed five-bedroom farm dwelling on a 1.716-acre property within the State Land Use Agricultural District. The subject property is located at 82-5680 Kahau Place about 275 feet north of its intersection with Napoʻopoʻo Road, Kahauloa 2nd, South Kona, Hawaiʻi, TMK: (3) 8-2-008:079. The Commission began consideration of this item at 11:43 a.m., with approximately two members of the public present. No public testimony was provided in person or via Zoom for this agenda item. Action: Vice Chair Noborikawa moved that the applicant’s request for a Special Permit to establish a five-bedroom bed and breakfast and massage/wellness services within a proposed five-bedroom farm dwelling on the subject property located within the State Land Use Agricultural District be granted in accordance with the Planning Director’s recommendations and conditions along with the amendment regarding the quiet hours that was discussed. Commissioner Makaiau seconded the motion. [SEE PART 2 YOUTUBE TIMESTAMP 46:49] Chairperson Au expressed his appreciation to the County, Planning Department, and Applicant Ms. Korotie for coming forward early and taking steps to comply with the requirements. He also expressed his appreciation for the Applicant’s proposed no-drone policy, stating that he viewed it as a privacy issue. He advised the Applicant to enforce the policy with her clients because the County would not be able to enforce it. Regarding noise, Chairperson Au stated that he supported reducing the hours to 9:00 p.m. and believed the neighbors would appreciate it. He stated that he felt the proposed conditions were a positive step and hoped other Applicants would consider proposing similar conditions. [SEE PART 2 YOUTUBE TIMESTAMP 47:37] Vice Chair Noborikawa thanked the Applicant for coming forward early with her request and noted that more similar applications would be coming before the Commission. She suggested that the Applicant encourage other friends who operate bed and breakfasts (B&Bs) to come forward early rather than wait until the last minute. Regarding the no- drone policy, Vice Chair Noborikawa agreed with Chairperson Au that limiting drones was a positive step. She suggested that the Applicant seek legal advice on whether the no- drone restriction could become a condition that runs with the property, as the Applicant wanted the restriction to remain with the property. She reiterated her appreciation: to the Applicant for addressing the matter early. [SEE PART 2 YOUTUBE TIMESTAMP 48:38] With no comments or discussion, a roll call vote was taken. The motion carried unanimously with seven ayes (Noborikawa, Makaiau, Andrews, Ayers, Inaba, Rodriguez, and Au), and no noes. [SEE PART 2 YOUTUBE TIMESTAMP 49:53] Page 9 of 10 Leeward Planning Commission August 20, 2026 Written Summary Minutes The hearing on this item concluded at 12:16 p.m. PLANNING DIRECTOR’S REPORT [SEE PART 2 YOUTUBE TIMESTAMP 50:27] Report on Special Management Area (SMA) determinations and minor permits issued by the Planning Director for July 2026. Chairperson Au asked whether the $87 million project identified as “Waikoloa Development” was Hoʻomalu and whether he was reading the information correctly. Planning Director Jeffrey Darrow confirmed that he was correct and explained that the project was covered by a previous Major Special Management Area (SMA) application. Planning Director Darrow stated that the project may involve a separate application and that he would need to follow up. He explained that the project may be a multi-residential (multi-RM) project being submitted by Mr. Sidney Fuke, who had been in contact with the Department, and stated that it was not Hoʻomalu. He noted that the Special Area Assessment (SAA) had just been received and that the project may be covered under SMA 25, which was the original SMA that covered the area and allowed a certain number of dwelling units. He stated that the Department was reviewing the matter to confirm that the project was within the area covered by SMA 25. Chairperson Au stated that he was asking because the project did not have a specific name listed. AGENDA ITEMS FOR THE NEXT MEETING [SEE PART 2 YOUTUBE TIMESTAMP 53:01] Planning staff member Maija Jackson stated that three items were tentatively scheduled for the Commission’s September 24, 2026 meeting, including a County Council Initiated Bill on data centers and a package of General Plan 2045 amendments for Commission review and recommendations to the County Council. Chairperson Au asked staff to remind the Commission about the upcoming joint meeting with the Windward Planning Commission and requested a recap of the previous discussions and next steps, noting that two or three Commissioners were new. Maija Jackson stated that a joint meeting was held in December to discuss amendments to the Planning Commission Rules. She said the Planning Department presented proposed rule changes early this year and that staff began working on the amendments in early summer but were delayed by the transient vacation rental effort. She stated that the goal was to bring the rule amendments back to the Commission by the end of the year but could not provide a specific timeframe. Chairperson Au noted that the next joint meeting would be held in Hilo and asked if he would chair the meeting, as he had chaired the previous meeting. Maija Jackson stated that the Joint Commission would decide on the Chair at the beginning of the meeting. Chairperson Au asked when the meeting would be held, and Maija Jackson stated that no date had been set but that it would likely be a Special Meeting and Commissioners would be polled for availability. Chairperson Au asked how quorum would be determined for the joint meeting. Maija Jackson stated that quorum would be eight members of the combined Commissions. Chairperson Au asked whether the eight members had to be equally divided between the Windward and Leeward Commissions. Maija Jackson Page 10 of 10 Leeward Planning Commission August 20, 2026 Written Summary Minutes clarified that quorum was eight of the 14 combined members and confirmed that both Commissions were fully seated. Chairperson Au asked whether there would be a room large enough for all 14 Commissioners. Maija Jackson stated that staff would find an appropriate location. Chairperson Au then asked how many votes would be required for a motion to pass, and Maija Jackson stated that eight votes would be required. ANNOUNCEMENTS [SEE PART 2 YOUTUBE TIMESTAMP 56:56] ADJOURNMENT [SEE PART 2 YOUTUBE TIMESTAMP 57:42] 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 12:23 p.m. Respectfully submitted, Melissa Dacayanan-Salvador Secretary ATTEST: Dean Au, Chairperson Leeward Planning Commission Melissa Dacayanan-Salvador (Oct 15, 2026 15:46:13 HST) Meli sa Dcyn -Sv dodS -r (-r (dd Ot1 5