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HomeMy WebLinkAbout2025-09-04 Windward Planning Commission MinutesPage 1 of 17 Windward Planning Commission September 4, 2025, Minutes WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I MINUTES SEPTEMBER 4, 2025 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://www.youtube.com/live/nt1FCynaZFQ 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 Windward Planning Commission met in regular session on Thursday, September 4, 2025, at 9:04 a.m., in the County of Hawai‘i, Council Chambers, located at 25 Aupuni Street, Hilo, Hawai‘i, with Chairman Louis Daniele III presiding. This meeting was streamed live on YouTube. Secretary’s Note: The meeting was called to order by Chairman Louis Daniele III at 8:59 a.m.; however, the actual start time was 9:04 a.m. COMMISSIONERS PRESENT: Louis Daniele III (Chairman), Chantel Perrin (Vice Chair), Lauren Balog (from 9:27 a.m.), Wayne De Luz, and JoNelle Fukushima. 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. Approximately 35 members of the public were in the audience. The meeting was called to order at 9:04 a.m. by Chairman Daniele with a quorum present. Commissioners and staff were introduced, and it was noted Commissioner Gordon Takaki had resigned from the Commission. He then made housekeeping announcements, which included a reminder to silent cell phones, the location of the public restrooms, and the sign-up process for public testimony. [SEE YOUTUBE TIMESTAMP 00:00] At 9:06 a.m., Chairman Daniele asked the Commissioners to confirm they had reviewed all materials, including written public testimony related to the applications. Each Commissioner verbally confirmed. [SEE YOUTUBE TIMESTAMP 01:35] APPROVAL OF MINUTES At 9:06 a.m. the Commission addressed the minutes of June 10, 2025, and July 3, 2025, meetings, including executive session minutes. No corrections were offered. Vice Chair Chantel Perrin moved to approve the minutes as circulated, seconded by Commissioner JoNelle Page 2 of 17 Windward Planning Commission September 4, 2025, Minutes Fukushima. The motion was carried unanimously by voice vote. [SEE YOUTUBE TIMESTAMP 01:58] STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS At 9:07 a.m. the Commission addressed this item with approximately thirty-four public members present in the Council Chambers. Chairman Daniele outlined the testimony process, stating that in-person speakers would be heard first, followed by Zoom participants, and that all testifiers would be given the opportunity to speak either at this time or when the specific agenda item was called. He reminded attendees to keep testimony respectful, noting that personal attacks or disruptive behavior would not be permitted and could result in testimony being paused or ended. He further stated that testimony would be limited to three minutes and encouraged adherence to the time limit to ensure all voices to be heard. [SEE YOUTUBE TIMESTAMP 02:50] At 9:07 a.m., the Commission proceeded with in-person public testimony on agenda items at the start of the meeting. [SEE YOUTUBE TIMESTAMP 04:16] Four individuals provided testimony in-person for Item #1 Hawaiʻi’s Volcano Circus (PL-SPP-2025-000079/Amend SPP 1122): 1. Robin Worley [SEE YOUTUBE TIMESTAMP 08:29] 2. Galen Alpine [SEE YOUTUBE TIMESTAMP 12:30] 3. Megumi Alexander [SEE YOUTUBE TIMESTAMP 15:20] 4. Amber Ternis [SEE YOUTUBE TIMESTAMP 19:03] Three individuals provided testimony in-person for Item #2 Dustin Hollenback and Eszter Trust (PL-SMA-2025-000070): 1. Rebecca Chacko [SEE YOUTUBE TIMESTAMP 05:16] 2. Seth Owens [SEE YOUTUBE TIMESTAMP 21:42] 3. Elizabeth Hine [SEE YOUTUBE TIMESTAMP 23:53] At 9:31 a.m., the Commission proceeded with public testimony via Zoom on agenda items at the start of the meeting. [SEE YOUTUBE TIMESTAMP 27:11] Eight individuals provided testimony via Zoom for Item #1 Hawaiʻi’s Volcano Circus (PL-SPP-2025-000079/Amend SPP 1122): 1. Celeste Barcia [SEE YOUTUBE TIMESTAMP 28:15] 2. Saoirse McAllister [SEE YOUTUBE TIMESTAMP 31:46] 3. ʻAila Kauhane [SEE YOUTUBE TIMESTAMP 33:35] 4. Ohi‘a Kauhane [SEE YOUTUBE TIMESTAMP 34:40] 5. Mika Kiburz [SEE YOUTUBE TIMESTAMP 36:27] 6. Sharon Berkowitz [SEE YOUTUBE TIMESTAMP 40:13] 7. Stephen Berkowitz [SEE YOUTUBE TIMESTAMP 43:16] 8. Renata McAllister [SEE YOUTUBE TIMESTAMP 53:31] One individual provided testimony via Zoom for Item #6 Hawaiian Acres Community Association (PL-SPP-2025-000090/Amend SPP 845): 1. Shannon Matson [SEE YOUTUBE TIMESTAMP 44:34] Page 3 of 17 Windward Planning Commission September 4, 2025, Minutes One individual provided testimony via Zoom for Item #7 William Morris (PL-REZ-2025-000083) 1. Diane Ware [SEE YOUTUBE TIMESTAMP 49:08] Technical difficulties prevented the last Zoom testifier, Joshua Mehalick, from proceeding. Planning Program Manager Maija Jackson noted that two additional individuals had signed up to testify in person at the start of the meeting. It was suggested to proceed with the in-person testimony first and then return to the Zoom testifier, to which Chairman Daniele agreed. [SEE YOUTUBE TIMESTAMP 58:11] At 10:02 a.m., the Commission proceeded with in-person public testimony on agenda items at the start of the meeting. [SEE YOUTUBE TIMESTAMP 58:39] One individual provided testimony in-person for Item #1 Hawaiʻi’s Volcano Circus (PL-SPP-2025-000079/Amend SPP 1122): 5. Ben Owen [SEE YOUTUBE TIMESTAMP 59:46] One individual provided testimony in-person for Item #7 William Morris (PL-REZ-2025-000083) 1. Christy Schuerch [SEE YOUTUBE TIMESTAMP 01:01:20] At 10:09 a.m., the Commission resumed public testimony via Zoom on the agenda items at the start of the meeting. [SEE YOUTUBE TIMESTAMP 01:05:13] One individual provided testimony on Zoom for Item #6 Hawaiian Acres Community Association (PL-SPP-2025-000090/Amend SPP 845): 2. Joshua Mehalick [SEE YOUTUBE TIMESTAMP 01:05:54] After this testimony concluded, all in-person and Zoom testifiers signed up at the start of the meeting had finished. NEW BUSINESS 1. APPLICANT: HAWAIʻI’S VOLCANO CIRCUS (PL-SPP-2024-000079/AMEND SPP 1122) Application to increase the Special Permit area from 2.5 to 3.1 acres, and to amend Condition 3 (Time to Complete Construction), Condition 4 (Time to Secure Building Permits), and Condition 5 (Public Performance Restrictions) of Special Permit No. 1122, which allowed the establishment of the Seaview Performing Arts Center for Education (SPACE) on approximately 2.5 acres of land situated in the State Land Use Agricultural District. The proposed amendments expand the Special Permit area and expands the scope of permitted educational and community uses to support long-term campus operations, including the establishment of a K–6 public charter school, agricultural education and workshops, resilience training, circus arts-based youth development, and quarterly community events. The subject property is located at 12-253 West Pohakupele Loop, directly southwest of its intersection with Kehauopuna Street, Kalapana Sea View Estates, Puna, Hawaiʻi, TMK: (3) 1-2-009:034 (formerly part of TMK: (3) 1-2-038:050). Page 4 of 17 Windward Planning Commission September 4, 2025, Minutes The Commission began this item at 10:12 a.m., with approximately 36 members of the public in attendance. [SEE YOUTUBE TIMESTAMP 01:08:12] Staff presentation was given by Tracie-Lee Camero. [SEE YOUTUBE TIMESTAMP 01:10:09] Applicant Representative Daryn Arai, Land Use Planning Consultant and the Applicants Morgan Langham, Executive Director and Paola Vidulich, Director of Operations & Digital Equity Project Lead, gave a presentation. [SEE YOUTUBE TIMESTAMP 01:23:01] The Applicants provided a video showcasing events held over the past two years at the Seaview Performing Arts Center for Education (SPACE). Due to sound issues, Paola Vidulich narrated while video images highlighted programs at SPACE, including Out on a Limb, the circus program, youth instruction, and the HICCUP Circus (Hawaiʻi Island Community Circus Unity Project) in community events. The video also depicted arts activities such as large-format puppets for parades and digital equity programming including soldering, electronics, and CPR training under the Resilience Hub. [SEE YOUTUBE TIMESTAMP 01:31:36] [SEE EXHIBIT A – Power Point Presentation] Chairman Daniele opened the floor for Commissioners’ questions to the Applicant. [SEE YOUTUBE TIMESTAMP 01:34:53] Chairman Daniele opened the floor for public testimony when the agenda item was called. [SEE YOUTUBE TIMESTAMP 01:40:46] Four individuals provided in-person testimony: 1. Ronald Kodani [SEE YOUTUBE TIMESTAMP 01:41:51] 2. Doreen Kodani [SEE YOUTUBE TIMESTAMP 01:45:15] 3. Kalia Avery [SEE YOUTUBE TIMESTAMP 01:46:19] 4. Linda Morin [SEE YOUTUBE TIMESTAMP 01:48:05] There were no Zoom testifiers for this agenda item. Action: Vice Chair Perrin moved to approve the application to increase the Special Permit area from 2.5 to 3.1 acres, and to amend Condition 3 (Time to Complete Construction), Condition 4 (Time to Secure Building Permits), and Condition 5 (Public Performance Restrictions) of Special Permit No. 1122 which allowed the establishment of the Seaview Performing Arts Center for Education (SPACE) in the State Land Use Agricultural District, based on the Planning Director’s recommendations, findings and conditions. Commissioner Fukushima seconded the motion. [SEE YOUTUBE TIMESTAMP 01:49:01] Chairman Daniele opened the floor for discussion and comments from the Commission. [SEE YOUTUBE TIMESTAMP 01:49:49] Commissioner Wayne De Luz commented that the project was well received overall and commended the efforts of the Applicants and community. He noted that with rapid expansion, careful planning is essential, as success can also bring opposition and challenges, such as traffic in smaller communities. He stated that any further growth could create larger problems but Page 5 of 17 Windward Planning Commission September 4, 2025, Minutes reiterated his strong support for the application and expressed hope that future planning will address expansion needs. [SEE YOUTUBE TIMESTAMP 01:49:56] With no further comments or discussion, a roll call vote was taken, and the motion carried with five ayes (Perrin, Fukushima, Balog, De Luz, and Daniele) and no noes. [SEE YOUTUBE TIMESTAMP 01:52:43] Mr. Arai, on behalf of the Applicant, thanked the Commission for its support and expressed appreciation for the comments made by Commissioner De Luz. He also expressed gratitude to the Planning Director and staff for their guidance throughout the process. [SEE YOUTUBE TIMESTAMP 01:53:08] The hearing on this item concluded at 10:57 a.m. At 10:58 a.m. the Chairman called a recess [SEE YOUTUBE TIMESTAMP 01:53:44], and the hearing reconvened at 11:18 a.m. [SEE YOUTUBE TIMESTAMP 02:13:30] 2. APPLICANT: DUSTIN HOLLENBACK AND ESZTER TRUST (PL-SMA-2025-000070) Application for a Special Management Area Use Permit to construct a two-story, approximately 7,738-square-foot single-family dwelling, a two-story, approximately 5,080-square-foot commercial agriculture building to support future taro and cacao farming activities, and related improvements on a 2.5-acre shoreline parcel within the Special Management Area. The subject property is located at 32-962 Hawaiʻi Belt Road, on the makai side of a section of Old Mamalahoa Highway, approximately 300 feet north of the Nīnole Post Office, Waikaumalo-Maulua Homesteads, North Hilo, Hawaiʻi, TMK: (3) 3-2-003:001. The Commission began this item at 11:18 a.m., with approximately 18 members of the public in attendance. [SEE YOUTUBE TIMESTAMP 02:13:38] Staff presentation was given by Alex Roy. [SEE YOUTUBE TIMESTAMP 02:15:19] Applicants Dustin Hollenback and Esti Hollenback gave a presentation. Mr. Hollenback noted a minor correction to the Planning staff’s presentation, indicating that the entrance driveway shown was incorrect. He explained that their actual entrance is on the opposite side and that they do not have access or an easement across the neighboring parcel. Staff displayed the site plan for the Commission so the applicant could clarify the location of the entrance. Mr. Hollenback also provided background on their application request. [SEE YOUTUBE TIMESTAMP 02:24:44] Chairman Daniele opened the floor for Commissioners’ questions to the Applicant. [SEE YOUTUBE TIMESTAMP 02:32:22] Chairman Daniele opened the floor for public testimony when the agenda item was called. [SEE YOUTUBE TIMESTAMP 02:38:29] Page 6 of 17 Windward Planning Commission September 4, 2025, Minutes One individual provided in-person testimony: 1. Theresa Cherry [SEE YOUTUBE TIMESTAMP 02:39:12] There were no Zoom testifiers for this agenda item. Commissioner De Luz asked Planning staff whether the Special Management Area (SMA) permit primarily covers construction rather than land use. Planning staff Alex Roy explained that the SMA reviews all potential project impacts, including both construction and farming. While construction usually has a greater impact, farming is also considered and is generally supported, especially in agricultural districts. Commissioner De Luz noted that even if he only built a house, an SMA permit would still be required. Mr. Roy confirmed that shoreline parcels do require an SMA permit. Commissioner De Luz added that his intent is to improve the property beyond merely constructing a residence. Mr. Roy further explained that obtaining an SMA Major is a significant regulatory process; a modest home could have qualified as an SMA Minor and been approved administratively by the Planning Director without Commission review. In this case, however, the applicant assumed the burden of pursuing an SMA Major to address all potential actions and activities on the property, which requires thorough scrutiny. He also clarified that the prior land use was cattle grazing and sugar cane. Commissioner De Luz asked whether the scrutiny is triggered by the change of use, the agricultural use, or simply because the parcel is within an SMA zone. Mr. Roy responded that the SMA Major is triggered by project cost, as this project exceeds the $500,000 threshold. [SEE YOUTUBE TIMESTAMP 02:42:09] Action: Commissioner Fukushima moved to approve the application for Special Management Area Use Permit PL-SMA-2025-000070 to construct a two-story approximately 7,738 square- foot single family residence, a two-story approximately 5,080 square-foot commercial agricultural building and related improvements on a 2.5-acre shoreline parcel within the Special Management Area, based on the Planning Director’s findings, recommendations and proposed conditions. Vice Chair Perrin seconded the motion. [SEE YOUTUBE TIMESTAMP 02:45:43] Chairman Daniele opened the floor for discussion and comments from the Commission. [SEE YOUTUBE TIMESTAMP 02:46:33] Commissioner Fukushima commented that, having grown up in the area, she appreciates the applicants’ efforts to create something of value for future generations, including the apiary and related activities, and expressed appreciation for their contributions to the community. [SEE YOUTUBE TIMESTAMP 02:46:37] Chairman Daniele added that apiaries and bees are very important and expressed his view that this is a worthwhile endeavor. [SEE YOUTUBE TIMESTAMP 02:47:04] With no further comments or discussion, a roll call vote was taken, and the motion carried with five ayes (Fukushima, Perrin, Balog, De Luz, and Daniele) and no noes. [SEE YOUTUBE TIMESTAMP 02:48:13] The hearing on this item concluded at 11:53 a.m. Page 7 of 17 Windward Planning Commission September 4, 2025, Minutes 3. APPLICANT: ATLAS SURREY LLC (PL-SMA-2025-000074) Application for a Special Management Area Use Permit for the after-the-fact construction of a one-story, approximately 1,809-square-foot single-family dwelling that includes five separate structures. The living space is divided between a 685-square-foot main structure, two 198-square-foot detached bedrooms, and a 195-square-foot detached laundry/bath. Additional development includes a 532-square-foot detached garage, a water tank, pump house, and related improvements on a 6.37-acre shoreline parcel within the Special Management Area. The subject property is located at 34-1230 Hawaiʻi Belt Rd., approximately 0.4 miles southeast of the intersection of Hawaiʻi Belt Road and Kaihuiki Road, Kahinano, Pohakupuka, North Hilo, Hawaiʻi, TMK: (3) 3-4-003:021. The Commission began this item at 11:53 a.m., with approximately 16 members of the public in attendance. [SEE YOUTUBE TIMESTAMP 02:48:56] Staff presentation was given by Alex Roy. [SEE YOUTUBE TIMESTAMP 02:50:31] Chairman Daniele opened the floor for Commissioners’ questions to Planning staff. [SEE YOUTUBE TIMESTAMP 02:57:22] Applicant Representative John Pipan of Land Planning Hawaiʻi and Applicant Crystal Hefner gave a presentation. [SEE YOUTUBE TIMESTAMP 03:01:46] Chairman Daniele opened the floor for Commissioners’ questions to the Applicant. [SEE YOUTUBE TIMESTAMP 03:03:03] There were no testifiers, either in person or via Zoom, for this agenda item. Action: Vice Chair Perrin moved to approve the application for Special Management Area Use Permit PL-SMA-2025-000074 for the after-fact construction of a one-story, approximately 1,809-square-foot single-family dwelling that includes five separate structures, and a 532-square- foot detached garage, a water tank, pump house, and related improvements on a 6.37-acre shoreline parcel within the Special Management Area, based on the Planning Director’s recommendations, findings , and proposed conditions. Commissioner Fukushima seconded the motion. [SEE YOUTUBE TIMESTAMP 03:04:18] Chairman Daniele then opened the floor for discussion and comments from the Commission. [SEE YOUTUBE TIMESTAMP 03:05:06] With no comments or discussion, a roll call vote was taken, and the motion carried with five ayes (Perrin, Fukushima, Balog, De Luz, and Daniele) and no noes. [SEE YOUTUBE TIMESTAMP 03:06:02] The hearing on this item concluded at 12:10 p.m. Page 8 of 17 Windward Planning Commission September 4, 2025, Minutes 4. APPLICANT: MICHAEL STEHLE AND LISA DOGGETT-STEHLE (PL-SMA-2025-000081) Application for a Special Management Area Use Permit to construct a three-story, approximately 3,500-square-foot single-family dwelling and related improvements on an 11,921-square-foot shoreline parcel within the Special Management Area. The subject property is located approximately 125 feet northeast of the Kamakoa Street and Moana Kai Pali Street intersection on the makai side of Kalapana-Kapoho Road, Kehena Beach Estates Unit 1, Keauohana, Puna, Hawaiʻi, TMK: (3) 1-2-030:012. The Commission began this item at 12:11 p.m., with approximately 14 members of the public in attendance. [SEE YOUTUBE TIMESTAMP 03:06:45] Staff presentation was given by Alukahe Kalā. [SEE YOUTUBE TIMESTAMP 03:08:00] Chairman Daniele opened the floor for Commissioners’ questions to Planning staff. [SEE YOUTUBE TIMESTAMP 03:14:26] Commissioner De Luz stated this was the first time he had seen an addendum from the State and asked if it directed the County to require the Applicant to provide an archaeological field inspection prior to land-altering activities. Staff Alukahe Kalā answered yes, noting the inspection would identify any archaeological sites on the property. He explained that because the property is a shoreline parcel that has never been developed, the requirement falls under Chapter 6(e) to address historical and cultural resources, and clearance from the State Historic Preservation Division is needed. Commissioner De Luz stated he had not seen this requirement on an SMA permit before but appreciated the clarification and explanation. [SEE YOUTUBE TIMESTAMP 03:14:40] Chair Daniele followed up, asking if the lot had been previously dozed or graded. Staff Alukahe Kalā replied that while the Applicant stated that in their application, State Historic Preservation did not find it sufficient and requested more thorough information before granting clearance that no historic sites would be affected. [SEE YOUTUBE TIMESTAMP 03:17:17] Vice Chair Perrin, in follow-up, stated that because it triggered this, she questioned why the Applicant was seeking approval now when she felt it should have been addressed before development of the requested space. She asked why this was not requested beforehand. In response, Mr. Kalā stated that when the application was accepted, it was sent to the State Historic Preservation Division with a request for a response within 30 days, as required by code. However, SHPD moved slower than anticipated, and a late comment letter was received. After the background and recommendations had already been prepared, the letter was received, which prompted the creation of the Planning Director’s addendum to the recommendation and the addition of this condition. Vice Chair Perrin asked if the work needed to be completed before construction of the proposed development. Mr. Kalā said yes, and that it also applied to any permits. She then asked for clarification on the setbacks. Mr. Kalā referred to the site plan slide. Vice Chair Perrin asked him to show where the setbacks were and where the construction would be located. Mr. Kalā explained that the light gray line on the plan shows the setback. The front setback is 15 feet. Page 9 of 17 Windward Planning Commission September 4, 2025, Minutes Normally it would be 20 feet for this zoning and lot size, but because the property has lost land due to erosion, they proposed 15 feet instead. He said the Director agreed because it is better than shifting the building toward the shoreline. Vice Chair Perrin agreed and asked if the setback could be met with a smaller footprint. Mr. Kalā said a smaller structure could fit within the buildable area. She then asked what the zoning was. Mr. Kalā said it is Agricultural-1 acre. She asked if there was anything agricultural on the land, and he said only existing vegetation. Vice Chair Perrin asked how long the 20% erosion of the property occurred over. Mr. Kalā responded that, based on what they can tell, it occurred over approximately 60 years. [SEE YOUTUBE TIMESTAMP 03:17:48] When Chair Daniele asked the Applicant if they had received the background and recommendation reports from the Planning Department and if they agreed with the recommendations including the proposed conditions. Applicant Representative John Pipan replied, “yes and also including the addendum circulated”. [SEE YOUTUBE TIMESTAMP 03:24:17] Applicant Representative John Pipan of Land Planning Hawaiʻi and Applicant Michael Stehle gave a presentation. Mr. Stehle provided background information and responded to the Commission’s questions regarding the erosion and setback issues. Regarding the archaeology report, Mr. Stehle stated that he hired an approved archaeologist. The field inspection has been completed, and they are waiting for the report. [SEE YOUTUBE TIMESTAMP 03:24:36] Mr. Pipan explained that the State Attorney General determined the land near the shoreline now belongs to the State, so setbacks cannot be based on land the applicant does not own. The application reflects this, placing construction closer to the street rather than the shoreline. Regarding Commissioner De Luz’s question about SHPD and a field inspection, Mr. Pipan noted the lot was cleared in the 1960s, before current zoning. While historic resources are unlikely, the inspection is precautionary to satisfy the State. Commissioner De Luz clarified his question was for understanding why the step was needed, as similar SMA permits did not require it. Mr. Pipan explained that surveys are sometimes done early if historic resources may exist; otherwise, the applicant provides a rationale for the State to review, which may result in further study if requested. [SEE YOUTUBE TIMESTAMP 03:27:28] Chairman Daniele opened the floor for Commissioners’ questions to the Applicant. [SEE YOUTUBE TIMESTAMP 03:30:58] There were no testifiers, either in person or via Zoom, for this agenda item. Action: Commissioner De Luz moved to approve the applicant’s request for Special Management Area Use Permit PL-SMA-2025-000081 to construct a three-story approximately 3,500-square-foot residence and related improvements on a 11,921-square-foot shoreline parcel within the Special Management Area, subject to the Planning Director’s recommendations, findings, and proposed conditions. Vice Chair Perrin seconded the motion. [SEE YOUTUBE TIMESTAMP 03:34:51] With no comments or discussion, a roll call vote was taken, and the motion carried with five ayes (De Luz, Perrin, Balog, Fukushima, and Daniele) and no noes. [SEE YOUTUBE TIMESTAMP 03:36:18] Page 10 of 17 Windward Planning Commission September 4, 2025, Minutes The hearing on this item concluded at 12:41 p.m. At 12:41 p.m. the Chairman called for a lunch recess [SEE YOUTUBE TIMESTAMP 03:36:58], and the hearing reconvened at 1:23 p.m. [SEE YOUTUBE TIMESTAMP 04:19:02] Chairman Daniele made a change to the sequence of agenda items. [SEE YOUTUBE TIMESTAMP 04:19:09] 9. INITIATOR: COUNTY COUNCIL (PL-CCI-2025-000011) The County Council has referred Bill 52, a bill for an ordinance to amend Chapter 25 (Zoning), Article 1, Article 4, and Article 5 of the Hawaiʻi County Code 1983 (2016 Edition, as amended), relating to henneries. The Zoning Code does not currently allow for henneries to be located within the residential zoning districts. The purpose of this bill is to allow for henneries to be established in residential zoning districts under defined conditions. The Commission began this item at 1:23 p.m., with approximately ten members of the public in attendance. [SEE YOUTUBE TIMESTAMP 04:19:33] Staff presentation was given by Tracie-Lee Camero. [SEE YOUTUBE TIMESTAMP 04:20:31] Chairman Daniele opened the floor for Commissioners’ questions to Planning staff. [SEE YOUTUBE TIMESTAMP 04:27:11] Councilmember Kimball, the initiator of this bill, attended in person and addressed questions from the Commissioners. [SEE YOUTUBE TIMESTAMP 04:35:17] Chairman Daniele opened the floor for public testimony when the agenda item was called. [SEE YOUTUBE TIMESTAMP 04:41:40] One individual provided in-person testimony: 1. Ben Owen [SEE YOUTUBE TIMESTAMP 04:42:03] There were no Zoom testifiers for this agenda item. Action: Commissioner De Luz moved that a favorable recommendation be forwarded to the County Council on Bill No. 52 based on the Planning Director’s findings, recommendation, and suggested revisions. Vice Chair Perrin seconded the motion. [SEE YOUTUBE TIMESTAMP 04:45:23] Chairman Daniele opened the floor for discussion and comments from the Commission. [SEE YOUTUBE TIMESTAMP 04:45:50] Vice Chair Perrin commented that she hopes this will not open a ‘Pandora’s Box’, expressing optimism that everyone in every zone will have the opportunity to be self-sustainable. [SEE YOUTUBE TIMESTAMP 04:45:55] Page 11 of 17 Windward Planning Commission September 4, 2025, Minutes With no further comments or discussion, a roll call vote was taken, and the motion carried with five ayes (De Luz, Perrin, Balog, Fukushima, and Daniele) and no noes. [SEE YOUTUBE TIMESTAMP 04:46:35] The hearing on this item concluded at 1:51 p.m. 10. INITIATOR: COUNTY COUNCIL (PL-CCI-2025-000012) The County Council has referred Bill 63, a bill for an ordinance to amend Chapter 25 (Zoning), Article 5 of the Hawaiʻi County Code 1983 (2016 Edition, as amended), relating to dwellings. The Zoning Code does not currently allow for dwellings to be located within the industrial-commercial mixed use (MCX) zoning districts. The purpose of this bill is to allow for dwellings to be established in the MCX zoning district. The Commission began this item at 1:51 p.m., with approximately ten members of the public in attendance. [SEE YOUTUBE TIMESTAMP 04:47:14] Staff presentation was given by Moses “Moke” Ramos-Kia Tupua. [SEE YOUTUBE TIMESTAMP 04:48:15] Chairman Daniele opened the floor for Commissioners’ questions to Planning staff. [SEE YOUTUBE TIMESTAMP 04:53:27] Councilmember Onishi, the initiator of this bill, attended in person, provided insight on the bill, and addressed questions from the Commissioners. [SEE YOUTUBE TIMESTAMP 04:54:19] There were no testifiers, either in person or via Zoom, for this agenda item. Action: Vice Chair Perrin moved that a favorable recommendation be forwarded to the County Council on Bill No. 63 based on the Planning Director’s findings, recommendations, and suggested revisions. Commissioner Fukushima seconded the motion. [SEE YOUTUBE TIMESTAMP 05:00:45] With no comments or discussion, a roll call vote was taken, and the motion carried with five ayes (Perrin, Fukushima, Balog, De Luz, and Daniele) and no noes. [SEE YOUTUBE TIMESTAMP 05:02:03 The hearing on this item concluded at 2:06 p.m. 5. APPLICANT: IKAIKA OHANA (PL-REZ-2025-000082/AMEND REZ-2009-000103) Application for a five (5) year time extension to Condition D (complete construction) of Ordinance No. 21 17, successor ordinance to Ordinance No. 10 32, which reclassified 5.05 acres of land from a Single-Family Residential-7,500 square feet (RS-7.5) and Multiple-Family Residential-1,000 square feet (RM-1) to a Multiple-Family Residential- 1,500 square feet (RM-1.5) zoned district. The subject property is located at 350 Kapiʻolani Street, approximately 395 feet south of its intersection with Kūkūau Street, Kūkūau 1st, South Hilo, Hawaiʻi, TMK: (3) 2-4-025:048. Page 12 of 17 Windward Planning Commission September 4, 2025, Minutes The Commission began this item at 2:07 p.m., with approximately nine members of the public in attendance. [SEE YOUTUBE TIMESTAMP 05:02:50] Staff presentation was given by Christian Kay. [SEE YOUTUBE TIMESTAMP 05:04:21] Chairman Daniele opened the floor for Commissioners’ questions to Planning staff. [SEE YOUTUBE TIMESTAMP 05:10:44] Applicant Douglas Bigley, President of Ikaika Ohana, attended via Zoom and noted a correction to the recommendation report, stating that the project includes two (2) manager units, with a manager and a maintenance person on site to ensure proper oversight. He then provided additional information and insight on the project. [SEE YOUTUBE TIMESTAMP 05:12:32] Chairman Daniele opened the floor for Commissioners’ questions to the Applicant. [SEE YOUTUBE TIMESTAMP 05:14:57] At 2:21 p.m. the Applicant Douglas Bigley lost Zoom connection due to technical issues. [SEE YOUTUBE TIMESTAMP 05:16:27] At 2:22 p.m. Applicant Grant Bigley of Ikaika Ohana joined via Zoom and continued the discussion from where the connection with Douglas Bigley was lost. [SEE YOUTUBE TIMESTAMP 05:17:55] Applicant Douglas Bigley subsequently rejoined the hearing and discussion via Zoom. [SEE YOUTUBE TIMESTAMP 05:24:34] There were no testifiers, either in person or via Zoom, for this agenda item. Action: Commissioner Fukushima moved that the applicant’s request for a 5-year time extension to Condition D (complete construction) of Ordinance No. 21-17 be forwarded to the County Council with a favorable recommendation, based on the Planning Director’s findings, recommendations, and amended conditions. Vice Chair Perrin seconded the motion. [SEE YOUTUBE TIMESTAMP 05:32:53] With no comments or discussion, a roll call vote was taken, and the motion carried with five ayes (Fukushima, Perrin, Balog, De Luz, and Daniele) and no noes. [SEE YOUTUBE TIMESTAMP 05:33:59] The hearing on this item concluded at 2:38 p.m. 6. APPLICANT: HAWAIIAN ACRES COMMUNITY ASSOCIATION (PL-SPP-2025-000090/AMEND SPP 845) Application to amend Special Permit No. 845, which was issued in 1993 and amended in 2014, to include the development and operation of a certified community kitchen, expand community uses on the property, and amend Condition No. 8 to allow an increase in the number of farmer’s market stalls from 20 to 25. The subject property is located at 16-1325 Moho Road, at the northeast corner of its intersection with Poʻolā Road, Hawaiian Acres, Keaʻau, Puna, Hawaiʻi, TMK: (3) 1-6-052-002. Page 13 of 17 Windward Planning Commission September 4, 2025, Minutes The Commission began this item at 2:39 p.m., with approximately 14 members of the public in attendance. [SEE YOUTUBE TIMESTAMP 05:35:03] Staff presentation was given by Christian Kay. [SEE YOUTUBE TIMESTAMP 05:36:09] Chairman Daniele opened the floor for Commissioners’ questions to the Planning staff. [SEE YOUTUBE TIMESTAMP 05:46:34] Applicant Representative Riaan Mattheus, Program Manager, and Sandy Margriter, Treasure of the Hawaiian Acres Community Association Board, gave a presentation. [SEE YOUTUBE TIMESTAMP 05:48:42] Chairman Daniele opened the floor for Commissioners’ questions to the Applicant. [SEE YOUTUBE TIMESTAMP 05:50:18] Chairman Daniele opened the floor for public testimony when the agenda item was called. [SEE YOUTUBE TIMESTAMP 05:51:40] Two individuals provided in-person testimony: 1. Ben Owen [SEE YOUTUBE TIMESTAMP 05:52:18] 2. Susan Tita [SEE YOUTUBE TIMESTAMP 05:55:42] One individual provided testimony via Zoom: 1. Geneva Jackson [SEE YOUTUBE TIMESTAMP 06:00:41] Action: Vice Chair Perrin moved to approve the applicant’s request to amend Special Permit No. 845 (PL-SPP-2025-000090/Amend SPP 845) to allow the construction and operation of a certified community kitchen within a new 2,100 square foot ADA compliant multi-use community center building, to allow additional community uses on the property, and to amend Condition No. 8 of the existing Special Permit to increase the number of farmer’s market stalls from 20 to 25, based on the Planning Director’s findings, recommendations, and proposed conditions. Commissioner Lauren Balog seconded the motion. [SEE YOUTUBE TIMESTAMP 06:04:55] Chairman Daniele then opened the floor for discussion and comments. [SEE YOUTUBE TIMESTAMP 06:05:52] Vice Chair Perrin stated that she believed HACA would be overseeing the matter and requested that they exercise due diligence, address community concerns, and take necessary actions to ensure the project’s success and support. [SEE YOUTUBE TIMESTAMP 06:06:03] Chair Daniele inquired about the cause of the fire. An audience member responded, but the comment was indecipherable. Planner Christian Kay noted that the Applicant had been asked about the cause the previous week, and none had been determined. [SEE YOUTUBE TIMESTAMP 06:06:25] Page 14 of 17 Windward Planning Commission September 4, 2025, Minutes With no comments or discussion, a roll call vote was taken, and the motion carried with five ayes (Perrin, Balog, De Luz, Fukushima, and Daniele) and no noes. [SEE YOUTUBE TIMESTAMP 06:07:53] The hearing on this item concluded at 3:12 p.m. At 3:12 p.m. the Chairman called for a recess [SEE YOUTUBE TIMESTAMP 06:08:22], and the hearing reconvened at 3:20 p.m. [SEE YOUTUBE TIMESTAMP 06:16:07] 7. APPLICANT: WILLIAM MORRIS (PL-REZ-2025-000083) Application for a Change of Zone from a Single-Family Residential-20,000 square feet (RS-20) zoning district to a Village Commercial-20,000 square feet (CV-20) zoning district for a 25,111-square-foot portion of a 3-acre parcel of land. The subject property is located at 19-4046 Old Volcano Road, approximately 0.4 miles northeast of the intersection of Hawaiʻi Belt Road and Old Volcano Road, Por. Ōlaʻa Summer Lots, Puna, Hawai‘i, TMK: (3) 1-9-005:006 (por.). The Commission began this item at 3:20 p.m., with approximately ten members of the public in attendance. [SEE YOUTUBE TIMESTAMP 06:16:14] Staff presentation was given by Alex Roy. [SEE YOUTUBE TIMESTAMP 06:17:34] Chairman Daniele opened the floor for Commissioners’ questions to Planning staff. [SEE YOUTUBE TIMESTAMP 06:24:19] Applicant Representative John Pipan of Land Planning Hawaiʻi and Applicant William “Toby” Morris gave a presentation. [SEE YOUTUBE TIMESTAMP 06:25:59] Chairman Daniele opened the floor for Commissioners’ questions to the Applicant. [SEE YOUTUBE TIMESTAMP 06:33:03] Chairman Daniele opened the floor for public testimony when the agenda item was called. [SEE YOUTUBE TIMESTAMP 06:43:03] Two individuals provided in-person testimony: 1. Alan Rosehill [SEE YOUTUBE TIMESTAMP 06:44:02] 2. Liana Katase [SEE YOUTUBE TIMESTAMP 06:47:12] There were no testifiers via Zoom for this agenda item. At 3:55 p.m. Vice Chair Perrin moved, and Commissioner Fukushima seconded, that the Commission enter executive session to consult with its attorney regarding legal questions on procedure and issues pertaining to the Commission’s powers, duties, privileges, immunities, and liabilities pursuant to HRS 92-5. [SEE YOUTUBE TIMESTAMP 06:52:04] A roll call vote was taken, and the motion carried with five ayes (Perrin, Fukushima, Balog, De Luz, and Daniele) and no noes. [SEE YOUTUBE TIMESTAMP 06:52:50] The Commission entered executive session at 3:58 p.m. At 4:17 p.m., Commissioner De Luz moved, and Vice Chair Perrin Page 15 of 17 Windward Planning Commission September 4, 2025, Minutes seconded, that the Commission exit executive session. A voice vote was taken, and the motion carried with all in favor. At 4:19 p.m. Chairman Daniele called the hearing back to order and noted that the Commission had entered executive session, during which Counsel addressed and answered legal questions regarding rezoning. [SEE YOUTUBE TIMESTAMP 07:14:31] Action: Commissioner De Luz moved that an unfavorable recommendation be forwarded to the County Council on the Applicant’s Change of Zone request (PL-REZ-2025-000082) from Single-Family Residential 20,000 square feet (RS-20) to Village Commercial 20,000 square feet (CV-20) for a 25,111 square foot portion of a 3-acre parcel. Commissioner De Luz stated that in considering variances or zoning changes, he gives significant weight to community input, as the residents are directly affected. He emphasized that Volcano is a “special place” and that changes should have broad community support. While he had no issue with the Applicant’s intent, he believed additional community involvement was important and that support from residents would strengthen the case before the County Council, which ultimately decides rezoning requests. [SEE YOUTUBE TIMESTAMP 07:14:57] Commissioner Fukushima seconded the motion. [SEE YOUTUBE TIMESTAMP 07:17:52]. Chairman Daniele then opened the floor for discussion and comments from the Commission. [SEE YOUTUBE TIMESTAMP 07:18:06] Vice Chair Perrin expressed support for the points raised by Commissioner Wayne De Luz. She stated that while the proposal was well thought out, it would be better received with stronger community support. She noted that the Commission’s recommendation does not end the process, as the matter proceeds to the County Council where additional community testimony could influence the outcome. She emphasized the Commission’s responsibility to protect communities and ensure their voices are heard and considered. [SEE YOUTUBE TIMESTAMP 07:18:17] Applicant’s representative John Pipan requested that the Commission defer action rather than issue an unfavorable recommendation, stating they would like time to meet with the community and were willing to return in approximately two months to report on progress. [SEE YOUTUBE TIMESTAMP 07:19:15] Commissioner De Luz expressed support for the request and withdrew his earlier motion for an unfavorable recommendation. Vice Chair Perrin seconded the withdrawal. Chairman Daniele confirmed the withdrawal of the motion. [SEE YOUTUBE TIMESTAMP 07:19:43] Commissioner Fukushima commented that it was a wise decision to confer with the community. [SEE YOUTUBE TIMESTAMP 07:19:59] Vice Chair Perrin moved, at the Applicant’s request, to defer the item for up to two months and reconvene on the topic at that time. [SEE YOUTUBE TIMESTAMP 07:20:18] Commissioner De Luz provided a point of clarification, stating that the deferral should remain open at the Applicant’s discretion rather than tied to a specific timeline. He noted it would be fairer to allow the Applicant to return when prepared, and his motion was to accept the deferment on that basis. [SEE YOUTUBE TIMESTAMP 07:20:39] Vice Chair Perrin restated the motion, moving, at the Applicant’s request, to defer the item until the Applicant chooses to reconvene the topic. Commissioner Fukushima seconded the motion. [SEE YOUTUBE TIMESTAMP 07:21:08] Page 16 of 17 Windward Planning Commission September 4, 2025, Minutes Chairman Daniele then opened the floor for discussion and comments. [SEE YOUTUBE TIMESTAMP 07:21:30] Chairman Daniele commented that it would be wise for the Applicant to gain community support on this matter. He noted the Applicant’s intentions appeared well thought out and in the best interest of their property and plans. He further remarked on the importance of agriculture and commended the Applicant’s intent to grow food to supply their business as admirable. [SEE YOUTUBE TIMESTAMP 07:21:36] With no comments or discussion, a roll call vote was taken, and the motion carried with five ayes (Perrin, Fukushima, Balog, De Luz, and Daniele) and no noes. [SEE YOUTUBE TIMESTAMP 07:23:05] The hearing on this item concluded at 4:27 p.m. 8. APPLICANT: PONO CANN AND MICHELE SASAKI-CANN (PL-SMA-2025-000078) Application for a Special Management Area Use Permit to demolish an existing single- family dwelling and construct a new single-family dwelling and related improvements on a 19,733-square-foot shoreline parcel within the Special Management Area. The subject property is located at 55 Honoliʻi Place, approximately 237 feet southeast of the Paukaʻa Drive and Honoliʻi Place intersection on the makai side of Hawaiʻi Belt Road, Paukaʻa, South Hilo, Hawaiʻi, TMK: (3) 2-7-015:007. The Commission began this item at 4:28 p.m., with three members of the public in attendance. [SEE YOUTUBE TIMESTAMP 07:23:33] Staff presentation was given by Alukahe Kalā. [SEE YOUTUBE TIMESTAMP 07:24:55] Chairman Daniele opened the floor for Commissioners’ questions to Planning staff. [SEE YOUTUBE TIMESTAMP 07:33:06] Applicant Pono Cann and Applicant Representative Daryn Arai, Planning Consultant gave a presentation. [SEE YOUTUBE TIMESTAMP 07:35:35] Chairman Daniele opened the floor for Commissioners’ questions to the Applicant. [SEE YOUTUBE TIMESTAMP 07:39:41] There were no testifiers, either in person or via Zoom, for this agenda item. Action: Commissioner De Luz moved to approve the applicant’s request for Special Management Area Use Permit (PL-SMA-2025-000078) to demolish an existing 72-year-old dwelling and construct a new single-story approximately 1,280 square-foot single-family residence and related improvements, on a 19,733 square foot shoreline parcel within the Special Management Area, based on the Planning Director’s recommendations, findings, and proposed conditions. Vice Chair Perrin seconded the motion. [SEE YOUTUBE TIMESTAMP 07:40:32] Page 17 of 17 Windward Planning Commission September 4, 2025, Minutes With no comments or discussion, a roll call vote was taken, and the motion carried with five ayes (De Luz, Perrin, Balog, Fukushima, and Daniele) and no noes. [SEE YOUTUBE TIMESTAMP 07:42:13] The hearing on this item concluded at 4:47 p.m. At 4:47 p.m., Chairman Daniele announced that the Commission would not be able to complete the remaining agenda items and that they would be carried over to the following month’s meeting. [SEE YOUTUBE TIMESTAMP 07:43:10] ADJOURNMENT With no further business, a motion to adjourn the meeting was made. Vice Chair Perrin moved to adjourn, and Commissioner Fukushima seconded the motion. [SEE YOUTUBE TIMESTAMP 07:23:24] A voice vote was taken, and the motion carried unanimously. Chairman Daniele adjourned the meeting at 4:48 p.m. [SEE YOUTUBE TIMESTAMP 07:43:35] Respectfully submitted, Melissa Dacayanan-Salvador Secretary ATTEST: Louis Daniele III, Chairman Windward Planning Commission Melissa Dacayanan-Salvador (Nov 7, 2025 13:48:13 HST) Melissa Dacayanan-Salvador Melis aDciyny --- Sved or( NrN7 r,2552r, 13: Melis aDciyny --- EXHIBIT A