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HomeMy WebLinkAbout2026-05-06 Windward Planning Commission Written Summary MinutesPage 1 of 8 Windward Planning Commission May 6, 2026, Written Summary Minutes WINDWARD PLANNING COMMISSION COUNTY OF HAWAI‘I WRITTEN SUMMARY MINUTES MAY 6, 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/vhB_-YuUqkM 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, May 6, 2026, at 9:03 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. [SEE YOUTUBE TIMESTAMP 00:31] COMMISSIONERS PRESENT: Louis Daniele III (Chairperson), Lauren Balog, Thomas E. Fratinardo, JoNelle Fukushima, Paul Montz, and Chantel Perrin (Vice Chair). COMMISSIONER ABSENT AND EXCUSED: Kanoe Wilson. ALSO PRESENT: William Jarrett, 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 9:03 a.m. by Chairman Louis Daniele III with a quorum present. Approximately eleven members of the public were in the audience. APPROVAL OF MINUTES [SEE YOUTUBE TIMESTAMP 02:47] At 9:04 a.m., Chairman Daniele announced that the approval of the April 2, 2026, minutes was deferred to the next regular Commission meeting. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS [SEE YOUTUBE TIMESTAMP 02:59] At 9:05 a.m., the Commission addressed this item, with approximately thirteen members of the public present. No in-person or Zoom testimony was received for this or any other agenda item. Page 2 of 8 Windward Planning Commission May 6, 2026, Written Summary Minutes OLD BUSINESS 1. INITIATOR: COUNTY COUNCIL (PL-CCI-2026-000015) [SEE YOUTUBE TIMESTAMP 04:26] Bill 126, an ordinance amending Chapter 25, Articles 1, 3, 4, 5, and 7 of the Hawaiʻi County Code, relating to Special Districts. The proposed amendments will establish new zoning code requirements related to permitted uses, building height limit, minimum site area and average width, parking, and minimum yards for the Downtown Pāhoa Commercial District (DPC). At 9:06 a.m., the Commission considered this item with approximately thirteen members of the public present. Action: Vice Chair Perrin moved that a favorable recommendation be forwarded to the County Council on Bill No. 126, based on the Planning Director’s recommendations, findings, and suggested revisions. Commissioner Fratinardo seconded the motion. [SEE YOUTUBE TIMESTAMP 36:25] With no comments or discussion, a roll call vote was taken. The motion carried with six ayes (Perrin, Fratinardo, Balog, Fukushima, Montz, and Daniele), no noes and one excused and absent (Wilson). [SEE YOUTUBE TIMESTAMP 37:07] The hearing on this item concluded at 9:39 a.m. 2. INITIATOR: COUNTY COUNCIL (PL-CCI-2026-000013) [SEE YOUTUBE TIMESTAMP 37:39] Bill 124, an ordinance amending Chapter 25-8-26 (Pāhoa Zone Map), Article 8, Chapter 25, by changing the zoning districts from Village Commercial-10,000 square feet (CV-10) and Single-Family Residential-10,000 square feet (RS-10) to Downtown Pāhoa Commercial (DPC) at Waiakahiʻula, Pāhoa, Puna, Hawaiʻi. The proposed bill will establish the Downtown Pāhoa Commercial District and change the zoning of various properties in Pāhoa Village. At 9:40 a.m., the Commission considered this item with approximately fifteen members of the public present. At 9:47 a.m. the Chairman called for a recess [SEE YOUTUBE TIMESTAMP 45:00], and the hearing reconvened at 9:59 a.m. [SEE YOUTUBE TIMESTAMP 56:45] Action: Vice Chair Perrin moved that a favorable recommendation be forwarded to the County Council on Bill No. 124, based on the Planning Director’s recommendations, findings, and suggested amendment. Commissioner Fukushima seconded the motion. [SEE YOUTUBE TIMESTAMP 59:23] With no comments or discussion, a roll call vote was taken. The motion carried with six ayes (Perrin, Fukushima, Balog, Fratinardo, Montz, and Daniele), no noes and one excused and absent (Wilson). [SEE YOUTUBE TIMESTAMP 01:00:03] The hearing on this item concluded at 10:02 a.m. Page 3 of 8 Windward Planning Commission May 6, 2026, Written Summary Minutes 3. INITIATOR: COUNTY COUNCIL (PL-CCI-2026-000014) [SEE YOUTUBE TIMESTAMP 01:00:31] Bill 125, an ordinance amending Chapter 25, Article 7, Division 4, of the Hawaiʻi County Code, relating to the Pāhoa Village Design District. The proposed amendments will update zoning code requirements pertaining to the Pāhoa Village Design District. At 10:02 a.m., the Commission considered this item with approximately fifteen members of the public present. Action: Vice Chair Perrin moved that a favorable recommendation be forwarded to the County Council on Bill No. 125, based on the Planning Director’s recommendations, findings, and suggested revisions. Commissioner Fratinardo seconded the motion. [SEE YOUTUBE TIMESTAMP 1:05:01] With no comments or discussion, a roll call vote was taken. The motion carried with six ayes (Perrin, Fratinardo, Balog, Fukushima, Montz, and Daniele), no noes and one excused and absent (Wilson). [SEE YOUTUBE TIMESTAMP 1:05:43] The hearing on this item concluded at 10:08 a.m. NEW BUSINESS 4. APPLICANT: 130 HOLDINGS LLC (PL-SPP-2026-000115/ AMEND SPP 870) [SEE YOUTUBE TIMESTAMP 01:07:09] Request to amend Special Permit No. 870 to reduce the size of a proposed regional trade center to two buildings totaling 10,400 square feet; add a 600 square foot volunteer fire truck parking area; amend Condition No. 3 (Complete Construction) for a 5-year time extension to complete construction; delete Condition No. 5 (Water Supply); delete Condition No. 6 (Improvements to Orchidland Drive), and delete Condition No. 7 (Highway 130/Orchidland Drive Intersection Improvements). The subject property is located at 16-1678 34th Avenue in Orchidland Estates Subdivision, approximately 1,000 feet west of the intersection of Orchidland Drive and the Keaʻau-Pāhoa Road, Keaʻau, Puna, Hawaiʻi, TMK: (3) 1-6-010:083. The Commission began consideration of this item at 10:09 a.m., with approximately fifteen members of the public present. PETITION OF ORCHIDLAND COMMUNITY ASSOCIATION (PL-CCH-2026-000032) [SEE YOUTUBE TIMESTAMP 01:13:53] The Commission took up this item at 10:13 a.m. with approximately thirteen members of the public present. Petitioner Orchidland Community Association (OLCA), represented by Counsel Kai McGuire and a female representative, appeared, and Chairman Daniele requested an explanation of why standing should be granted under the criteria in Rule 4-6. Mr. McGuire Page 4 of 8 Windward Planning Commission May 6, 2026, Written Summary Minutes stated that the proposed permit amendments could affect OLCA’s responsibilities for road maintenance, resident representation, and enforcement of road maintenance fees. He noted that OLCA holds a recorded lien on the subject property and argued that the proposed action could impact road use, maintenance obligations, and OLCA’s property interest in the lien. Based on these interests, he maintained that OLCA met the criteria for standing and requested that the Commission grant the petition. [SEE YOUTUBE TIMESTAMP 01:14:37] John Pipan of Pipan Consulting, LLC, planning consultant for the applicant 130 Holdings LLC, appeared with applicants/landowners Greg Gadd and Nani Vermillion in opposition to the petition for standing. He questioned whether OLCA’s petition had been properly authorized, asserting that no evidence was provided showing board approval for Ms. Brandon to file the petition on behalf of the association, and argued that the petition was therefore defective. [SEE YOUTUBE TIMESTAMP 01:27:02] At 10:33 a.m. Vice Chair Perrin moved, and Commissioner Fratinardo seconded 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. [SEE YOUTUBE TIMESTAMP 01:31:20] There were no comments or discussion on the motion. A roll call vote was taken, and the motion carried with six ayes (Perrin, Fratinardo, Balog, Fukushima, Montz, and Daniele), no noes and one absent and excused (Wilson). [SEE YOUTUBE TIMESTAMP 01:32:08] The Commission entered executive session at 10:34 a.m. At 10:57 a.m. Chairman Daniele called the meeting back to order and noted that the Commission had entered executive session, during which it consulted 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. [SEE YOUTUBE TIMESTAMP 01:54:53] Planning Director Darrow did not oppose the petition for standing. [SEE YOUTUBE TIMESTAMP 01:59:52] Action on Petition of Orchidland Community Association (PL-CCH-2026-000032): Vice Chair Perrin moved to grant the Orchidland Community Association’s Petition to Intervene, finding that it satisfied the criteria set for in Rule 4-6(b). Commissioner Fratinardo seconded the motion. [SEE YOUTUBE TIMESTAMP 02:15:22] With no further discussion, the Commission voted by roll call. The motion carried with six ayes (Perrin, Fratinardo, Balog, Fukushima, Montz, and Daniele) no noes, and one absent and excused (Wilson). [SEE YOUTUBE TIMESTAMP 02:16:05] Mediation: [SEE YOUTUBE TIMESTAMP 02:16:33] Chairman Daniele explained that Planning Commission Rule 4-6 requires all parties to a contested case proceeding to participate in good faith in one mediation conference before a contested case hearing can be held. He stated that the mediator would be selected Page 5 of 8 Windward Planning Commission May 6, 2026, Written Summary Minutes jointly by the parties or appointed by the Commission if the parties could not agree. Chairman Daniele also informed the parties that Ms. Jackson would contact them by email within a week to begin the process of selecting a mediator and starting mediation. Selection of Hearings Officer: [SEE YOUTUBE TIMESTAMP 02:17:06] Action Selection of Hearings Officer: [SEE YOUTUBE TIMESTAMP 02:18:53] Vice Chair Perrin moved that the Windward Planning Commission as a whole decide the contested case. Commissioner Fratinardo seconded the motion. After discussion among the Commission, Vice Chair Perrin moved to withdraw the motion for the Windward Planning Commission as whole to decide the contested case and instead moved that the contested case proceedings be deferred to hearing's officer. Commissioner Fratinardo seconded the motion. [SEE YOUTUBE TIMESTAMP 02:24:07] With no further discussion, the Commission voted by roll call. The motion carried with six ayes (Perrin, Fratinardo, Balog, Fukushima, Montz, and Daniele) no noes, and one absent and excused (Wilson). [SEE YOUTUBE TIMESTAMP 02:25:22] The hearing on this item concluded at 11:28 a.m. At 11:29 a.m. the Chairman called for a recess [SEE YOUTUBE TIMESTAMP 02:26:00], and the hearing reconvened at 11:36 a.m. [SEE YOUTUBE TIMESTAMP 02:33:59 5. APPLICANTS: HAUNANI KANE PHD, CLIFF KAPONO PHD, AND JOHN H.R. BURNS, PHD (PL-SMA-2025-000083) [SEE YOUTUBE TIMESTAMP 02:34:02] Application for a Special Management Area Use Permit to allow for the development of an educational and research facility consisting of a hālau, cabins, an on-site caretaker residence, accessory mixed-use support buildings, along with approximately 20 parking stalls, internal access driveways, pedestrian pathways, riverfront walking paths, a floating pier, and related improvements on three (3) parcels totaling 1.97 acres within the Special Management Area. The subject property is located along Puʻueo Street, approximately 300 feet makai of its intersection with Wailuku Drive, and approximately 70 feet mauka of Hawaiʻi Belt Road (State Highway 19) near the Wailuku River crossing, Puʻueo, South Hilo, Hawaiʻi, TMKs: (3) 2-6-002:001, 002, and 003. At 11:36 a.m., the Commission considered this item with approximately ten members of the public present. Action: Vice Chair Perrin moved the application for Special Management Area Use Permit to allow for the development of an educational and research facility consisting of hālau, cabins, an on-site caretaker residence, accessory mixed-use support buildings, along with approximately 20 parking stalls, internal access driveways, pedestrian pathways, riverfront walking paths, a floating pier and related improvements on three (3) parcels totaling 1.97 acres located in the Special Management Area (PL-SMA-2025- 000083) be approved based on the Planning Director’s findings, recommendation and conditions. Commissioner Fukushima seconded the motion. [SEE YOUTUBE Page 6 of 8 Windward Planning Commission May 6, 2026, Written Summary Minutes TIMESTAMP 02:54:04] With no comments or discussion, a roll call vote was taken. The motion carried with six ayes (Perrin, Fukushima, Balog, Fratinardo, Montz, and Daniele) no noes, and one absent and excused (Wilson). [SEE YOUTUBE TIMESTAMP 02:55:19] The hearing on this item concluded at 11:58 a.m. At 11:59 a.m. the Chairman called for a lunch recess [SEE YOUTUBE TIMESTAMP 02:55:56], and the hearing reconvened at 12:46 p.m. [SEE YOUTUBE TIMESTAMP 03:44:01 6. APPLICANT: SCOTT SHRADER (PL-SMA-2025-000084) [SEE YOUTUBE TIMESTAMP 03:44:11] Application for a Special Management Area Use Permit to allow for the construction of a two-story, four-bedroom single-family dwelling, swimming pool, and related improvements on a 0.57-acre shoreline parcel within the Special Management Area. The subject property is located makai of Beach Road, between Paradise Drive and Makuʻu Drive, Hawaiian Paradise Park, Puna, Hawaiʻi, TMK: (3) 1-5-032:060. At 12:46 p.m., the Commission considered this item with approximately six members of the public present. Action: Commissioner Fratinardo moved the application for a Special Management Area Use Permit to allow for the construction of a two-story, four-bedroom, single-family dwelling, swimming pool, and related improvements on a 0.57 acre-shoreline parcel located in Special Management Area (PL-SMA-2025-000113) be approved based on the Planning Director’s findings, recommendation, and conditions. Vice Chair Perrin seconded the motion. [SEE YOUTUBE TIMESTAMP 03:56:27] With no comments or discussion, staff conducted a roll call vote on PL-SMA-2025-000084, the corrected plan case number for the agenda item. The motion carried with six ayes (Fratinardo, Perrin, Balog, Fukushima, Montz, and Daniele) no noes, and one absent and excused (Wilson). [SEE YOUTUBE TIMESTAMP 03:58:01] The hearing on this item concluded at 1:00 p.m. 7. APPLICANT: JACK AND MARK KRZYZANOWSKI (PL-SPP-2025-000113) [SEE YOUTUBE TIMESTAMP 03:58:38] Application for a Special Permit to establish a four (4)-bedroom bed and breakfast within a proposed five (5) bedroom dwelling on a 1.0-acre property within the State Land Use Agricultural District. The subject property is located on the west (makai) side of Iwalani Parkway, 140 feet north of its intersection with Outrigger Drive, Hawaiian Ocean View Estates, Kaʻū, Hawaiʻi, TMK: (3) 9-2-040:002. At 1:01 p.m., the Commission considered this item with approximately four members of the public present. Page 7 of 8 Windward Planning Commission May 6, 2026, Written Summary Minutes Action: Vice Chair Perrin moved that the application to establish a four (4)-bedroom bed and breakfast within a proposed five (5) bedroom dwelling on a 1.0 acre-property within the State Land Use Agricultural District (PL-SPP-2025-000113) be approved based on the Planning Director’s findings, recommendation and conditions. Commissioner Fukushima seconded the motion. [SEE YOUTUBE TIMESTAMP 04:12:55] With no comments or discussion, staff conducted a roll call vote and the motion carried with six ayes (Perrin, Fukushima, Balog, Fratinardo, Montz, and Daniele) no noes, and one absent and excused (Wilson). [SEE YOUTUBE TIMESTAMP 04:14:20] The hearing on this item concluded at 1:17p.m. [ATTACHED APPLICANT POWERPOINT PRESENTATION – EXHIBIT A] UNFINSIHED BUSINESS [SEE YOUTUBE TIMESTAMP 04:15:06] 8. Discussion of Planning Commissioners’ suggestions for future amendments to the Planning Commission Rules of Practice and Procedure. At 1:17 p.m., the Commission began the agenda item with no members of the public present. Action: Vice Chair Perrin moved to defer discussion on the Commission’s suggested amendments to the Planning Commission Rules until the Planning Department prepares a draft of the proposed rule amendments for review. Commissioner Fratinardo seconded the motion. [SEE YOUTUBE TIMESTAMP 04:22:43] With no further comments or discussion, staff conducted a roll call vote on the motion to defer discussion of the proposed Planning Commission rule amendments until a draft is provided for review at a future Windward Planning Commission meeting. The motion carried with six ayes (Perrin, Fratinardo, Balog, Fukushima, Montz, and Daniele) no noes, and one absent and excused (Wilson). [SEE YOUTUBE TIMESTAMP 04:25:47] The hearing on this item concluded at 1:28 p.m. PLANNING DIRECTOR’S REPORT [SEE YOUTUBE TIMESTAMP 04:26:10] At 1:28 p.m., Chairman Daniele introduced this item, noting that the Special Management Area (SMA) determination and minor permits for April 2026 report had been provided to the Commissioners. There were no questions regarding the report. ANNOUNCEMENTS [SEE YOUTUBE TIMESTAMP 04:26:28] Chairman Daniele announced that the next regular meeting of the Windward Planning Commission was tentatively scheduled for Friday, June 5, 2026. Planning staff member Maija Jackson noted that the Commission’s next meeting would be held on Thursday, May 14, 2026, for the Teppy Mountain case. She added that there were three tentative items scheduled for the June meeting. Page 8 of 8 Windward Planning Commission May 6, 2026, Written Summary Minutes ADJOURNMENT [SEE YOUTUBE TIMESTAMP 04:27:39] With no further business, Vice Chair Perrin moved, and Commissioner Fratinardo seconded, to adjourn the meeting. A voice vote was taken, and the motion carried with six ayes (Perrin, Fratinardo, Balog, Fukushima, Montz and Daniele), no noes [SEE YOUTUBE TIMESTAMP 04:27:55] Chairman Daniele adjourned the meeting at 1:30 p.m. Respectfully submitted, Melissa Dacayanan-Salvador Secretary ATTEST: Louis Daniele III, Chairman Windward Planning Commission Melissa Dacayanan-Salvador (Jul 5, 2026 07:46:40 HST) Melis aDciyny --- Svln do r(rd (Ju((u5, 206 7 Louis Daniele III “ O B S I D I A N O U T P O S T ” A Small Bed & Breakfast in Ocean View Presented by Jack Krzyzanowski Special Permit Application PL-SPP-2025-000113 Windward Planning Commission —May 6, 2026 (EXHIBIT A) A L I T T L E A B O U T M E Hi, I'm Jack. I have lived here for 13 years, my whole life and “Obsidian Outpost” is my project. I came up with this project. I worked out how it would run. I wrote the application you've seen with help from my dad. My parents own the land and are helping me through this process, and I have adults helping with me with permits, the design and code stuff. I love building I also plan to build a home as part of my Eagle Scout project. C O M I N G S O O N H O P E F U L L Y One House, Four Little Pods The main house Four small guest pods Fully off-grid Small footprint No events, no weddings, no loud music, on-site manager full- time, all parking on site, quiet hours. T H E I D E A Someone gets to live here for free Our lot is all ʻaʻā lava, with some ʻōhiʻa and ʻaʻaliʻi we're leaving alone. Ocean View needs housing for working people. This project connects those two things. T H E I D E A Someone pays to stay here Ocean View is where some of my friends live and there’s cool things to do around there. I think visitors that come here might like staying there for less money than a hotel. T H E W I N -W I N What the Resident Manager Gets A working adult in Ocean View lives here rent-free in exchange for running the B&B. W H A T S O M E W O U L D P A Y $19,800/ year a year in free rent Based on HUD fair market rent for a 1-bedroom in Hawaiʻi County. P A I D T O C L E A N $20,000/ year a year in cleaning fees Guests pay a $67 cleaning fee. That goes to the resident/manager. T H E A S K Please approve my Special Permit. The project is small and fits the neighborhood. Also, the Planning Director has recommended to approve and my neighbors like me. Thank you for your time.