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2022-3-8 PC Agenda Packet with links1 KAUA‘I PLANNING COMMISSION SUBDIVISION SESSION October 26, 2021 DRAFT The regular meeting of the Planning Commission Subdivision Committee of the County of Kaua’i was called to order at 8:37 a.m., Microsoft Teleconference. The following Commissioners were present: Mr. Francis DeGracia Mr. Ako Mr. Chiba The following staff members were present: Planning Department Director Kaaina Hull-Planning Deputy Director Jodi Higuchi Sayegusa, Dale Cua, Kenneth Estes, and Planning Commission Secretary Shanlee Jimenez; Office of the County Attorney – Deputy County Attorney Laura Brazilai; Office of Boards and Commissions – Support Clerk Arleen Kuwamura Discussion of the meeting, in effect, ensued: CALL TO ORDER Subdivision Committee Chair DeGracia: Called the meeting to order at 8:37 a.m. ROLL CALL Planning Director Kaaina Hull: Good morning, Chair Francis, it’s 8:37, I think we have everybody in attendance. Chair DeGracia: I’d like to call to order the Subdivision Committee meeting for Tuesday, October 26, 2021, if we could have a roll call, please. Mr. Hull: Roll call. Commissioner Ako Mr. Ako: Here and by myself. Mr. Hull: Commissioner Chiba Mr. Chiba: Here by myself. Mr. Hull: Chair DeGracia Chair DeGracia: Here by myself. Mr. Hull: You have a quorum Mr. Chair. Three Present. 2 APPROVAL OF AGENDA Mr. Hull: Next would be the approval the agenda the Department doesn't have any recommended changes to. Chair DeGracia: Thank you. Is there a motion to approve the agenda? Mr. Chiba: I move to approve the agenda. Mr. Ako: Second. Chair DeGracia: Thank you, the motion on the floor is to approve the agenda as is. All in Favor signify by say? Aye. (Unanimous voice vote). Any opposed? Hearing None. Motion carried 3:0. MINUTES of the meetings(s) of the Subdivision Committee Mr. Hull: Next, we have the minutes. We've got a bunch of meeting minutes and are playing catch up on. So, we have the meeting minutes for January 12, 2021, February 9, 2021, March 9, 2021, and April 13, 2021, a motion for each individual one, or as a whole group can be done 08:31:40 really at the discretion of the committee. Chair DeGracia: Could we have a motion to approve the minutes. Mr. Chiba: Okay, I moved to approve the Minutes of the Subdivision Committee Meetings, dated January 12, 2021, February 19, 2021, March 9, 2021, and April 13, 2021. Mr. Ako: Second. Chair DeGracia: Thank you. Motion on the floor is to a approve the Subdivision Committee Minutes for January 12,2021, February 19, 2021, March 9, 2021, and April 13, 2021. Any discussion? Hearing none. All in Favor? Aye (Unanimous voice vote). Any Opposed? Hearing none. Motion carried 3:0. RECEIPT OF ITEMS FOR THE RECORD Mr. Hull: Thank you Chair, we have no additional receipt of items for the record. HEARINGS AND PUBLIC COMMENT Mr. Hull: Hearings and Public Request, we did not get any request for oral testimony before the Subdivision Committee. GENERAL BUSINESS MATTERS (None) 3 UNFINISHED BUSINESS Extension Request to Complete Improvements. Subdivision Application No. S-99-49 Kulana Association of Apartment Owners Kulana Subdivision 23-lot Subdivision TMK: (4) 4-3-011:001 Kapaa & Waipouli, Kawaihau, Kauai Mr. Hull: So, we're moving into Agenda Item H.1, Extension Request to Complete Improvement Subdivision Application No. S-99-49 Kulana Association of Apartment Owners, Kulana Subdivision, 23 lot Subdivision. Tax Map Key: (4)- 4-3-011:001. Located in Kapaa & Waipouli, Kawaihau, Kauai and I'll turn it over to Kenny for this Subdivision Report on this matter. Staff Planner Kenneth Estes: Morning Commissioners, I'll read the report for the record, or I'll summarize the Report for the record. Mr. Estes read the Subdivision Report for the record (on file with the Planning Department). Mr. Estes: Based on the forgoing circumstances, the applicants’ reasons are justifiable, and no problems are foreseen in granting extension requests. The Department of Public Works and Water have no objections to the request. It is recommended that an extension until September 13, 2022, to be graduate to complete subdivision improvements, where the development. Chair DeGracia: Thank you, Kenny. Do we have any questions for the Department or the planner? Mr. Ako: Chair, I don’t have any. Thank you. Chair DeGracia: Thank you. I have no questions at this time. Could we hear Here comments from the applicants or applicant’s representative. Ms. Laurel Loo: Morning Commissioners, Dr. Hall, and Kenny Estes. I'm Laurel Loo, the attorney for this project, and with me on the phone and Mark Sullivan and Brad Rockwell who are the Vice President and President respectively of the association. They've spent years, taking care of all of the issues that have come up with this subdivision as you can see from the number, we've been going through this for decades. And so now we're glad that we're finally at the tail and last week the water department has accepted all conveniences. So, we're almost there, and Brad, if you wanted to add anything, and let the Commissioners know we have. We really appreciate it working with Kenny Estes, he has been a super help and super professional in getting us through this process. Mr. Brad Rockwell: Nothing much to add, just did want to highlight that as Laura mentioned last week, the Department of Water at their board meeting did except 100% of the system. So, that is now in the hands of the DOW, which is a huge milestone, and we really appreciate your 4 consideration of this extension requests. We don't think we're going to need the whole year because we're so close, but obviously you know, deadline has passed so we just need a little bit more time to, to wrap up what is mostly sort of an administrative and paperwork drill at this point, because most of the physical work has been completed. So, we're fully funded to finish with this remaining portion were even funded to do some of the non-county required infrastructure like the KIUC cable polls we've already cut checks to KIUC and that those work orders have been cut. And we're currently working with Spectrum on the communication portion. I did just want; I did notice that there was a letter submitted by Mr. Bosshard and I just wanted to quickly comment that we don't necessarily agree with Mr. Bosshard’s interpretation of the CCNR’s. The CCNR’s. As I read them, clearly intend that this is an agricultural subdivision, there's nothing in them whatsoever that indicates this is to be a gated community for any sort of gentlemen estate. There's active farming occurring within Kulana right now. That said, we've had one attorney an attorney with Laurel’s firm in Honolulu, that specializes in this area, take a look, we're also getting a second attorney opinion, with respect to compliance with the State Right to Farm Law. And we’ve, got a committee of owners working on some suggested changes just because they are kind of dated, almost 20 years since those were written, but our intent is to fully comply with State Right to Farm Laws, and so, I just wanted to mention that for the record. Thank you, pending any questions. That's all I have. Chair DeGracia: Thank you. Commissioners, any questions, or comments? Mr. Ako: None for me, Chair. Mr. Chiba: No, thank you. Chair DeGracia: I just have one comment, Brad. Thank you for clearing up that one letter and that concern. I'm much appreciated. And if we don't have any further comments or questions, I would entertain a motion. Mr. Chiba: Okay. I moved to grant and Extension until September 13, 2022, for subdivision application No. S-99-49 Kulana Association of Apartment owners Kulana Subdivision. Mr. Ako: I will second that. Chair DeGracia: Thank you. Motion on the floor is to approve Extension Request Subdivision Application No. S-99-49, until September 13, 2022. If we could have a roll call vote, please. Mr. Hull: Roll call, Chair. Commissioner Ako? Mr. Ako: Aye. Mr. Hull: Commissioner Chiba? Mr. Chiba: Aye. Mr. Hull: Chair DeGracia? 5 Chair DeGracia: Aye. Mr. Hull: Motion passes 3:0, Mr. Chair. NEW BUSINESS (For Action) Tentative Subdivision Map Approval. Subdivision Application No. S-2022-1 (Inouye Family Trust, et.al.) Proposed 2-lot Boundary Adjustment TMK: (4) 2-3-018:015 & 036 Kalaheo, Koloa, Kauai Mr. Hull: Next, we have Agenda Item I., New Business I.1, Tentative Subdivision Map Approval Subdivision Application No. S-2022-1, Inouye Family Trust, et.al. Proposed 2-lot Boundary Adjustment TMK: 2-3-018:015 as well as parcel 036, located in Kalaheo, Kauai. Subdivision Report pertaining to this matter will be turned over to Kenny. Staff Planner Kenneth Estes: Morning Commissioners, I'll to summarize the report. The proposed development redefining the boundaries between two existing lots within the county residential R-4 zoning district, agricultural district, and open this year. Mr. Estes read the Subdivision Report for the record (on file with the Planning Department). Mr. Estes: The Department is recommending Tentative Subdivision Approval. Chair DeGracia: Thank you, Kenney. Commissioners, do you have any questions for Kenny or the Department? Mr. Ako: None for me. Chair DeGracia: Is there anyone here for the applicants or is the applicant here to make any comments or applicant representative. Ms. Maren Arismendez-Herrerra: Good morning, Commission. My name is Maren Arismendez-Herrerra from Esaki Surveying, on behalf of the applicants. We would like to respectfully request for your approval. This is a boundary adjustment between the two lots, there's an existing fence. But the owners have always agreed on that was a shared boundary. So, the boundary adjustment will adjust the property line to reflect that. Thank you. Chair DeGracia: Thank you. Commissioners, do we have any questions for the applicant’s representative? Mr. Ako: No. 6 Mr. Chiba: No. Chair DeGracia: Hearing none. Okay, at this time I'll entertain a motion. Mr. Chiba: I move to grant Tentative Subdivision Map Approval for Subdivision Application No. S-2022-1. Mr. Ako: I second. Chair DeGracia: Thank you, Commissioners. Motion on the floor is to approve Tentative Subdivision Map Approval for Application No. S-2022-1. Before we gave the vote are there any discussions? Hearing none. If we could have a roll call vote, please. Mr. Hull: Roll call, Chair. Commissioner Ako? Mr. Ako: Aye. Mr. Hull: Commissioner Chiba? Mr. Chiba: Aye. Mr. Hull: Chair DeGracia? Chair DeGracia: Aye. Mr. Hull: Motion passes 3:0. Mr. Chair. ADJOURNMENT Mr. Hull: With that, we have no further items on the agenda, Chair. We are ready for adjournment at your discretion. Chair DeGracia: Commissioners, could we have a motion to adjourn? Mr. Chiba: I move to adjourn the meeting. Mr. Ako: I Second. Chair DeGracia: The motion is to adjourn the meeting. All in Favor signify by saying? Aye (Unanimous voice vote). Any opposed? Hearing none. Motion carried 3:0. Subdivision Committee Chair DeGracia adjourned the meeting at 8:47 a.m. 7 Respectfully submitted by: _________________________ Arleen Kuwamura, Commission Support Clerk ( ) Approved as circulated (add date of meeting approval) ( ) Approved as amended. See minutes of __________ meeting. DEPARTMENT OF PLANNING KA'AINA HULL.DIRECTOR JODI A.HIGUCHI SAYEGUSA.DEPUT/DIRECTOR DEREK S.K.KAWAKAMI,MAYOR MICHAELA.DAHILIG,MANAGIMG DIRECTOR SUMMARY SUBDIVISION REPORT Action Required by Planning Commission: Subdivision Permit No. Name of Applicant(s) Consideration of Subdivision Application No.S-2022-8 that involves a two (2)lot consolidation and resubdivision into four (4)lots. Application No.S-2022-8 BBCP KUKUI'ULA PARCEL X,LLC.ET.AL. PROJECT INFORMATION Map Title Kukui'ula Parcel X Subdivision,Phase II.Consolidation of Lots 10-A and 11-C of Kukui ula Parcel X Subdivision and Resubdivision ofsaid Consolidation into Lots 1 to 4,inclusive,and Designation of Easements A-l,A-2,S-l,PT-1 and R- 1 and Cancellation of Easement 13,being Royal Patent 6448,Land Commission Award 5482 to Ino,being also,Portions of Royal Patent 4236, Land Commission Award 5314 to Kapa,and Royal Patent 6714,Land Commission Award 7714-B,Apana 2,to M.Kekuaiwa No.M.Kekuanaoa at Koloa (Makai),Koloa,Kaua'i,Hawai'i. Tax Map Key(s):2-6-015:010,011 Area:55.654acre5 Zoning:Residential District (R-10)/Resort District (RR-10)/Neighborhood Commercial (CN) State Land Use District(s): Urban General Plan Designation: Resort/Residential Comm./Neighborhood Center/Natural AGENCY COMMENTS COK Public Works pending COKWater:pending Other(s) D State DOT-Highways: State Health: DLNR-SHPD: pending pending EXISTING ROAD RIGHT-OF-WAY(S) Road Name Existing Width Required Width Pavement YES N0 Reserve Ala Kalanikaumaka 60 feet 60 feet a Lawa i Road 60 feet 60 feet a a D APPLICABLE FEES Environmental ImpactAssessment (EIA)$750.00 Park Dedication $600.00 Appraisal Report Required N/A ^:.*.^*022 III.EVALUATION The proposed subdivision consolidates two (2)existing lots and resubdivides into a total of four (4)lots.The subdivision involves: 1)Lot 1 -A roadway lot that serves as the future east/west roadway serving Parcel X and Parcel R with connection to Ala Kalanikaumaka; 2)Lot 2 -Consists of the parcel that was recently purchased by Kupono Resorts,LLC.via the Parcel X Condominium Map.The lot is County Zoned Resort District (RR-10)and Residential District (R-10).The applicant has represented that Kupono Resorts is currently working on a master development and it is unclear as to whether the parcel will befurthersubdivided; 3)Lot 3 -The remaining parcel that is owned by Kukui'ula Development Company,LLC. and it is zoned Residential District (R-10);and 4)Lot 4 -It is the parcel that encompasses The Shops at Kukui'ula commercia!complex and is County zoned Neighborhood Commercial (CN). The intent of the proposal is to consolidate and resubdivide the subject properties to be consistent with the boundary lines that are designated in the Parcel X Condominium Map. A portion of the property is within the Special Management Area (SMA).Any new "development",as defined in Section 1.4 ofthe SMA Rules and Regulations ofthe County of Kaua'i,may require an SMA Permit and if so,the applicant is subject to all applicable requirements/conditions ofthe permit.Further,a portion of Roadway Lot 1 is within the Special Management Area.The Applicant has obtained a Special Management Area Minor Permit (SMA(M)-2022-7)with the Planning Department to develop a roadway and other related improvements.In considering the subdivision,the Applicant is subject to the applicable requirements of the SMA permit. The Applicant should also be made aware that the proposal is subject to the requirements associated with the Ka Pa'akai O'Ka'aina Analysis.This requirement is required by law to fulfill the constitutional duty to preserve and protect traditional customary native Hawaiian rights and resources. It should also be noted that the Public Path and Trails Exhibit dated October 2020 shows the proposed subdivision as part of the trail system within the planned community.The applicant will need to work with the Planning Department to address the provision of public access. IV.RECOMMENDATION 2 1 Page S-2022-8;Subdivision Report BBCP Kukuiula Parcel X LLC,ET,AL, 02.08.2022 TENTATIVE APPROVAL FINALAPPROVAL EApproval Q Denied Q Approval D Denied Tentative Approval subject to all requirements as noted on the follow pages: All conditions have been complied with SA^^^^Z- (/u 2-24-2022 (irectorofPlanning Date Director of Planning Date V.AGENCYREQUIREMENTS 1.Requirements of the Planning Department: a.An updated preliminary title report for the existing lot shall be submitted to the Planning Department for review. b.All existing and proposed easements,if any,shall be identified in the deed descriptions of the affected lots;draft copies of which shall be submitted to the Planning Department for review and approval. c.Pursuant to Ordinance No.PM-2004-370,the Applicant is allowed to credit Environmental Impact Assessment and Park Dedication fees for developments within their Project Area.Since the Applicant has not resolved with the Planning Department whether they will pay fees or provide improvements for credit,the following fees are being assessed: 1)An Environmental ImpactAssessment FeeofSeven Hundred Fifty Dollars ($750.00)shall be paid to the County of Kaua'i;and 2)An Park Dedication Fee ofSix Hundred Dollars ($600.00)shall be paid to the CountyofKaual, The Applicant shall resolve with the Planning Department the method that will be utilized to satisfy these fee requirements prior to final subdivision approval. d.Relative to Condition No.l.c.and prior to final subdivision map approval,the Applicant shall meet with the Planning Department to resolve the applicable requirements of Ordinance No.PM-2004-370.Specifically,the following conditions shall apply to this subdivision: Conditions ofOrdinance No.PM-2004-370: o 3.(prohibition ofAdditional Dwelling Units) o 7.(improvements to roadway system) o 14.(EIA credit) o 15.(recreation) o 16.(park dedication credit) o 23.(wastewater system master plan) o 27.(solidwastemanagementplan) 31Page S-2022-8;Subdivision Report 6BCP Kiikuiula Parcsl X LLC.ET.AL. 02.08.2022 o 30.(blasting plan) Pursuant to Section 9-2.3 (g)(3)(D)ofthe Subdivision Ordinance,Kaua'i County Code (1987),streets that are a continuation of an existing street shall be given the same name as the existing street.Proposed roadway Lot 1 will be a continuation of Kaulu Street,an existing roadway that was previously created through Subdivision Application No.S-2005-25 (Kukui'ula Parcel Y Subdivision).Lot 1 shall bear the same and will be shown on the final subdivision map. In addition and prior to final subdlvision approval,the Applicant shall submit 12 copies of a map that shows the extension of roadway to Kaulu Street.The map should be detailed such that emergency vehicles,police services,postal deliveries,etc.,are able to locate the street.References to roadway,such as the highway and other surrounding roads,should be shown on the street-naming map. Relative to Condition l.e.,the Applicant shall consider developing the existing easement on the neighboring lot (Lot 11-B)to provide a through road connection to Kaulu Street from Ala Kalanikaumaka that would serve as a secondary access for ingress/egress ofthe Kukui'ula Development project area. The Subdivider shall comply with the requirements in Section 9-2.3(e)of the Kaua'i County Code (1987)relating to the provision of curbs,gutters and sidewalks along roadway Lot 1.The extent of improvements shall be resolved with the Planning Department and Department of Public Works prior to final subdivision map approval. h.The Applicant shall prepare and obtain construction plan approvals for necessary road,water,drainage,electrical and telephone utilities and facilities,and either construct the same or post a surety bond for completion. i.Prior to final subdivision map approval,the Applicant shall work with the Planning Department and Department of Public works to establish vehicular access to proposed Lot 3 for its future development.It is the department's preference that access to Lot 3 be obtained from roadway Lot 1 and through Lot 2. Additionally,there shall be no vehicular access onto Lawa'i Road from proposed Lot 3.However,if it is determined that future development of Lot 3 will require access from Lawa'i Road,accessshall be permitted onlyfor ingress/egress ofa roadway for the development.The Applicant shall resolve this matter prior to final subdivision map approval. j.Relative to the requirements/standards setforth in Ordinance No.777,the Applicant shall resolve with the Planning Department the provision of public access. The subdivider shall incorporate the features of the Conceptual Trail Master Plan (dated April 2004)within the project area,if applicable.The access plan shall be 4 1 P age S-2022-8;Subdivision Report BBCP Kukuiula Parcel X ILC.ET,AL 02,08.2022 reviewed and approved by both the Planning and Parks &Recreation Departments. Furthermore,proper documents shall be prepared and ready for execution prior to finalsubdivision approval.The Planning Department reserves the rightto impose additional conditions relating to this matter while in the process of resolving this condition. k.The Applicant shall estabtish bus stops/shelters pursuant to Ordinance No.406.The details shall be resolved with the Planning Department and Department of Public Works priorto construction plan approval. I.The Applicant shall identify on the final subdivision map whetherthe proposed lots will be utilized for Transient Vacation Rental (TVR)purposes.If so,the total amount of the lots within the Kukui'ula Parcel X,Phase 2 Subdivision,shall be counted towards the total amount approved through Ordinance No.PM-2004-370. m.The subdivider is informed that a portion ofthe subjert property is located within the Special Management Area (SMA).Additional lots within the SMA or any new Development/as defined inSection 1.4oftheSMARules and Regulations ofthe County of Kaua i,may require an SMA Permit and if so,the appticant is subject to all applicable requirements/conditions ofthe SMA Permit. Additionally.theApplicantshall besubjecttoall applicable requirements ofSpedal Management Area Minor Permit SMA(M)-2022-7.These requirements shall be satisfied prior to final subdivision approval. n.The applicant shall depict with a dotted line on the final subdivision map zoning lines delineating the boundaries between each County Zoning District as shown on the "Kukui'ula South Shore,Kaua'i,Zoning Refinement Area Map".The Applicant shall work with the Planning Department prior to final subdivision approval. o.Pursuant to Section 9-3.8(b]of the Subdivision Ordinance,Kaua'i County Code (1987),the Applicant shall submit to the Planning Department an electronic record (digitized format)of the final subdivision map(s)on disk for record keeping purposes prior to final subdivision approval. p.In Ka Pa'akai O Ka'aina v.Land Use Commission,the Hawai'i Supreme Court established a three-part analytical framework to fulfill the constitutional duty to preserve and protect traditional and customary native Hawaiian rights and resources while reasonably accommodating competing private interests.Prior to final subdivision approval the Applicant shall describe the actions taken and examination conducted to analyze the following: 1)Identify whether any valued cultural,historical,or natural resources are present within the project area,and identify the extent to which traditional and customary Native Hawaiian rights are exercised.This part may include but not be limited to the following analyses: 5|Page S-2022-8;Subdivision Report BBCPKukuiula ParcelXLLC.ET.AL 02.08.2022 2. 3. 4. o Descrjbe the project area in relation to traditional and customary practices that occurred in the region or distnct. o Describe the extent that traditional and customary practices were practiced in the ahupua'a and project area. o Describe the communitv members you consulted with including their genealogical ties/long-standing residency,and relationship to region, ahupua'a and project area. o Describe the Land Commission Awards provided on the property? o Describe the prior archaeological studies that were conducted for the property. o Are you aware ofany resources thatfound anyevidence ofsubsurface habitation or excavation on the property? o Does the property contain any evidence that trails were in existence on the property? o Have any individuals ever requested access to the property for any reason? 2)Identify the extent to which the identified resources and rights will be affected or impaired by the proposed project. 3)Specify any mitigative actions to be taken to reasonably protect native Hawaiian rights iftheyarefound to exists. Requirements of the Department of Public Works (DPW): a.The subdivider shall comply with the requirements of the Department of Public Works,ifany,priortofinalsubdivisionapproval.Thesubdividershall be notified upon receipt of their report. Requirements of the Department of Water (DOW): a.The subdivider shall comply with the requirements of the Department of Water,if any,prior to final subdivision approval.The subdivider shall be notified upon receipt oftheirreport. Requirements of the Department of Health (DOH): a.The subdivider shall comply with the requirements of the State Department of Health,ifany,priorto final subdivision approval.Thesubdividershall be notified upon receipt of their report. 6 1 Pag e S-2022-8;Subdivision Report BBCPKukuiu laParcelXLLC.ET.AL 02.08.2022 5.Requirements of the State Historic Preservation Department (SHPD): a.The subdivider shall comply with the requirements of the State Historic Preservation Department,if any,prior to final subdivision approval.The subdivider shall be notified upon receipt of their report. 6.The Applicant is advised the should any archaeological or historical resources be discovered during ground disturbing/construction work,all work in the area ofthe archaeological/historical findings shall immediately cease and the applicant shall contact the State Department of Land and Natural Resources,Historic Preservation Division and the Planning Department to determine mitigation measures. 7.The Applicant is advised that prior to and/or during construction and use additional conditions may be imposed by government agencies.Should this occur,the applicant shall resolve these conditions with the respective agency(ies). The Planning Commission is further advised that this report does not represent the Planning Department's final recommendation in view ofthe forthcoming public hearing process scheduled for MARCH 8,2022 whereby the entire record should be considered prior to decision-making.The entire record should include but not be limited to; a.Pending government agency comments; b.Testimony from the general public and interested others;and c.The Applicanfs response to staff's report and recommendation as provided herein. (ENNETH A.ESTES Planner 7 1 Pag e S-2022-8;SubdivisionReporl BBCP Kuhlliula Parcel X LLC.ET.AL, 02.08.2022 &E A '" 'pARki' VICINITY MAP N.-:Lj£ale KUKUI'ULA PARCEL X SUBDIVISION,PHASE II CONSOLIDATION OF LOTS 10-A AND 11-C OF KUKUI'ULA PARCEL X 5UBDIV!S!ON AND RE5U8DIV!SiON OF SAID CONSOLIDAT10M INTO LOTS 1 TO 4,INCLUSIVE, AND OESIGMATION OF EASEMENTS A-1,A-2,5-1,PT-1 AND R-1 AN&CANCELLATION OF EASEMENT 13 BEING ROYAL PATENT 644S,LAND COMhliSS!ON AWARD 5482 TO INO, BEING ALSO,PORTIONS OF ROYAL PATENT 4256, LAND COMUISSION AWARD 5314 TO KAPA, AND ROYAL PATENT 6714,LANO COMMISSION AWARD 7714-6,APANA 2, TO M.KEKUAIWA N0 M.KEKUANAOA AT KOLOA (MAKAI),KOLOA,KAUAI.HAWAIt TOTAL AREA:55.654 ACRES wKunu iavuiA.w KXISTING EASEMENTS /:\HH(^0-AtB nNlWA ffMCa..X 6CHHftft#^iyWWJtA NUtCBL X AUI r r COUNTY OF KAUA'I PLANNING DEPARTMENT 4444 RICE STREET,SUITE A473 LlHU'E,HAWAI'I 96766 (808)241-4050 SUBDIVISION APPLICATION ROUTING FORM DATE:January 20,2022 Subdlvislon Map Revtew and Approval REQUEST: |S Prellmlnary Q Pre-Flnal Q Flnal Q Extenston SUDIVISION APPLICATION N0:Subdivision Permit N0.S-2022-8, Owner(s)/Applicant(s):BBCP Kukui'ula Parcel X,LLC.Et.Al. NameofSurveyor/Engineer/AuthorlzedAgent:|Chris Rivera Tax Map Key:TaxMapKey:(4)2-(.015:10andll |Assigned to:|Kenny Improvements; Route To: COMMENTS (CommentDue Date:2/19/2022): No comment or concerns from Fire ~w DPW-Bngineering TT Department ofTransportation *STP~D DPW-SolidWaste "a' DOT-Highway,Kauai~w DPW-Waslewaler ~w Staie Department of Health~s Fire-Department ^ ~D State Historic Preservation Division TS'Department of Parks &Recreation ~D- \M Sca Granl~w County Housing-Agency ~w U.S.Posial Depanment~D KHPRC -D~ Olher;~w County Water Department~w County Transportation Agency r r COUNTYnf-K^ijAI "22 JAN 28 P1 :50 COUNTYOFKAUA'I PLANNING DEPARTMENT iWKf-STREET.SUITE A473 LIHU'E,HAWAI-I 96766 >LI!'-t'1-(808)241-4050 SUBDIVISION APPLICATION ROUTING FORM DATE:January 20,2022 Subdivision Map Review and Approval REQUEST: ^]Preliminary Q Pre-FinaI Q Final n Extension SUDIVISION APPLICATION N0:Subdivision Permit N0.S-2022-8, Owner(s)/Applicant(s):BBCP Kukui'ula Parcel X,LLC.Et.Al. Name of Surveyor/Engineer/Authorized Agent:I Chris Rivera Tax Map Key:TaxMapKey:(4)2-6-015:10and 11 |Assigned to:|Kenny Improvements: Route To: COMMENTS (Comment Due Date:2/19/2022 ): Q-pf^^C^S)0 ^/2-THW CoM^OJn OhJ -^K, Peo^cT. "\hf^^ \•'^-'7-'2oa'2_ "M" DPW-Engineering ~0 Department of Transportation -STP~a DPW-SolidWaste ~a- DOT-Highway,Kauai~s DPW-Wastewater "w State Department of Health~w Firc-Department D State Historic Preservation Division T Department of Parks &Recreation ~0 UH Sea Grant~s County Housing-Agency ~w U,S.Postal Department~D KHPRC ~D Other:~w County Water Department~s County Transportatton Agency Ka'ainaS.Hull Diti.'i-'loi ol'l'];ii]nin{. COLINTYOFKAUA'I I'LANNINC DEI'ARTMENT SUBD1VISION REPORT Jodi A.1-ligiiclii Sayegiisa llk;pui\Dircclor oj'l'liimiiiij;. SUBJEa.TO CHAK: SUMMARY Action llequired by Consideralion ofSubdivision Applicalion No.S-2020-7 ihal Piiinning Cominission;subdivides a parcel inlo two (2)!ols. Subdivision ]*erinil i\o,Applicalion No.S-2020-7 Name ol'A|)plicant(s)STATE OF HAWAII DLNR -FORESTRY II.I'ROJECT INFORMATION III.EVALUATION The proposed development subdivides a parcel into two (2)lots and llie primary inleiil is to establisli a len (10)acre parcel to be utilized by the State ofHawai'i,Depaflmenl ofLand and Natiira]Resources (DLNR)as a baseyard facility, IV.KECOMMENDATION [-.U!Eii',ktiulll,Oeitlnp',Bepoil 11 1.20 D[S.!U;U.?DLHLHnncpEpe BoseToid.itu i.i -i./ift^,^^xya-1 MapTitle Designation oflot B Being a portion of l-1anapepe Government Lands, Seclion A (C.S.F.9976-9979)Hanapepe,Waimea,Kaua'i,Hawai'i Tax Map Key(s):1-8-008:020 (Por.)Arca:379 Acres Zoning:Agriculture/Open Statc Lnnd Use Districl:(s): Agficiiltural Gencral l>l.^n Dcsignation: Agricuitiiral/Open AGENCY COMMENTS ^ICOKPublii:4/6/2020 D Statc DOT-Highwnys: VVorks COK Wnter:5/2/2020 IX]Slate Hcaltll:4/23/2020 D Olher(s)D DLNR-SHPD: EXISTINC ROAD RICHr-OF-WAY(S) Road Name Existing Widlh Required Width Pavement YES N0 Reserve Lele R.oad 40 feel 56 feel H a 8 feet a a D a AI'l'LICAIiLE FEES Environinenlai Impiict Assessmcnl N/A )>ark Dcdication N/A Appraisal I^eport Requirctl N/A TENATIVE APPROVAL FINAL API'ROVAL EApproval D Denied @ Approvai C]Denied Tental.i\'e Approval subjecl to all requiremenls as noted on llie follow pages: a^^(CAA.... All conditions ligye been complied with T ./..-<fl.=3±-^-'^-'^,4w Director of PlsuiiiEng Oate 1)ircctor of/Planning l)&f e V.ACENCY REQUIREMENTS 1.Requirements ofthe Pianning Department: a.An updated preliminary title report for the existing lol shall be submitted to the Planning Department for review. b.Al]existing and proposed easements,ifany,shali be identified in the deed descriptions ofthe affected lots,draft copies ofwhich shall be submitted to the Planning Department for review and approval. c.Pursuant to Section 9-3.8(bJ ofthe Subdivision Ordinance,Kaua'i County Code (1987),the Applicant shall submit to the Planning Department an electronic record (digitized fbrmat)ofthe final subdivision map(s)on disk for record keeping purposes prior to final subdivision approval. d.An eight (8)foot wide future road widening reserve shall be established along the frontage ofLeIe Road.There shall be no new structures permitted within the reserves,and any new structures should be setback from the reserves.The reserves, along with the restrictions,shalf be incorporated into the deed descriptions ofthe atfected lots,ofwhich draft copies shall be submitted to the Pianning Department fbr review and approval. 2.Requirements ofthe Department ofWater (DOW): a.The subdivider shall pay the Department of Water the applicable charges and/or any rate increase in effect at the time ofreceipt: 1)A Faciliries Reserve Charge of $28,230.00 (2 lots at $14,115 per lot) b.The subdivider shall prepare and receive DOW's approval ofconstruction drawings for the necessary water system facilities and either construct said facilities or post performance bond for construction. c.If bond is filed,to secure final subdivision approval,the subdivider shall clearly letter the following on the approved construction plans,final subdivision map, and deeds: ttDomesfic waler service will noi he available until the required construction improvemenls for this subdivision are completvc}and accepled hy the Department of Waler,Cuunty ofKauai." This deed restriction shall be recorded with the Bureau ofConveyances within (90)days offinal subdivision approval by the Planning Department. d,Requests for additional water meters or an increase in waler meters or an increase in water meter size will be dependent on the adequacy ofthe source,storage,and transmission facilities at that time. 3.The Applicant is advised that should any archaeological or historicai resources be discovered during ground disturbing/construction work,all work in the area ofthe archaeological/historical findings shall immediately cease and the applicant shall contact the State Department of Land and Natural Resources,Historic Preservation Division and the Planning Department to determine mitigation measures. 4.The Applicant is advised that prior to and/or during construction and use additional conditions may be imposed by govemment agencies,Should this occiir,the appiicant shall resolve these conditions with the respective agency(ies). The Planning Commission is further advised that this report does not represent the Planning Department''s final recommendation in view ofthe forthcoming public hearing process scheduled for JUNE 9,2020 whereby the entire record should be considered prior to decision-makiny,The entire record should include but not be limited to: 2|Page S-2U2U-7;liubdivisi"n Kyporl Slak-ol'ilawuii l^i.NR (l-oa-,lr)') 5/2K/2U20 a,Pending government agency comments; b.Testimony from the general public and interested others;and c.The Applicant s response to staffs report and recommendation as provided herein. DALE A. Planner 3|Page S-2020-7;Subdivision Report State ofHawaii DLNR (Forestry) 5/28/2020 SUBDIVISION OF LOT 2 OF HANAPEPE GOVERNEUENT LAND,SECTION A INTO LOTS 2-A AND 2-B BEINC A PORTION OF THE GOVEEWMENT (CR01TN)LAMD OF EANAPEPB BEING ALSO A POitIION OF GRANT 7BW TO KAUA'I ItAILWAY COUPANY COOTBYED TO THE TERMTORY OF HATAI'I BY KAUA'l TEKMINAL, UMFtED BY DEED DATED DECEMBER 21,IflM ANB RECORDED Bl UBEB 1897.PAGES 1-3 (LAND OFF1CE DEED 7B62) smiATED AT BANAPEPE,ffAIMEA (KONA),iUUA'I,iIAffAI'I TAX UAP KBY:(4)1-B-OOS:030 OWNEE;StiTE OF HAtAI'I ADDRESS:1161 PUNCBBOWL STItTCT HUNOLULU.IU1f*]'l IWB13 BttOnc nICT EQWSt "u. A^^.lfc-^2-. *TAS COUNTY OF KAUA'l DEPARTMENT OF PUBLIC WORKS TO:PLANNING DIRECTOR FROM:ENGINEERINGDIVISION VIA:COUNTYENGINEER DATE:February 22,2022 ;^)u ,.,'ofKaus . .NINGDEPT 22 FEB23 A5::/- RE:Subdivision of Lot-2 of Hanapepej^iyeinment Land, Section A into Lots 2-A and 2-B being a portion of the Government (Crown)Land of Hanapepe being also a portion of Grant 7846 to Kaua'i Railway Company conveyed to the territory of Hawai'i by Kaua'i Terminal,limited by deed dated December 21,1944 and recorded in liber 1897,Pages 1-3 (Land Office Deed 7862)situated at Hanapepe, Waimea (Kona),Kaua'i,Hawai'i. S-2020-07 SUBDIVISION N0. OWNER:State of Hawaii REGISTERED PROFESSIONAL LAND SURVEYOR:Erik S.Kaneshiro,PLS TAX MAP KEY:(4)1-8-008:020 FINAL MAP CONSTRUCTION PLANS (TITLE SHEET) CONSTRUCTION INSPECTION FEE AGREEMENT&BOND COMPLETION OF IMPROVEMENT FINAL MAP DEDICATION x COMMENTS: 1.The proposed development shall comply with the County of Kaua'i Storm Water Runoff System Manual. 2.Best Management Practices (BMPs)shall be implemented at all times to prevent damage by sedimentation,erosion or dust to streams,water courses,natural areas and the property of others. 3.A driveway approach permit will be required for the driveway connection with Lele Road.It is our understanding that a site plan has not yet been developed;therefore,the driveway approach can be located and constructed later once the site plan is developed.The applicant is hereby notified that a driveway approach application will be required in the future when the site is developed.To submit a driveway approach application online,go to Connect.Kauai.gov and create an account by clicking on the Sign-Up link. Step 1:AtConnect.Kauai.gov login using youraccount Step 2:Click in the Search box to find the form (for example,type "Driveway",or click the"Public Works\Engineering"icon) Step 3:Select the "Driveway Approach Application"icon •Follow the system prompts and tab through the application process. •Upload all necessary documents,including a plot plan showing: o The location of the driveway approach, o The width of the driveway at the property line,and o The width of the driveway at the edge of pavement. Once the application is submitted,it will be reviewed by DPW Engineering Division staff.You will receive an automated email as to the status ofyour application.While the application is being reviewed,you can view its progress at any time by logging back in to Connect.Kauai.flov. We have no further comments.Recommend approval of Final Map. Sincerely: .^<.'^ for MICHAELMOULE,P.E. Chief,Engineering Division Oepartment of Walei hw iw Stihstifvle Coiisen'e ir County of Kaual 4398 PUA LOKE STREET UHU'E,KAUA'I,HAWAI'I 96766 PHONE:(808)245-5400 FAX:(808)24S-S813 SUBDIVISION REPORT TO:PLANNING DEPARTMENT FROM:DEPARTMENT OF WATER TMK:1-8-08:020 NAME: State ofHawaii DLNR Forestry SURVEYOR;AECOM REPORTNO:S-2020-7 1.Domestic water is adequate.Tentative approval is recommended. Water Requirements are not affected.Tentative approval is recommended. 2.AII requirements have been fully met and;therefore,Final approval is recommended. 3.Before final approval can be recommended,the subdivider must: A.Pay the Department of Water the following charges in effect at the time of receipt.At the present time, these charges include: 1)Thc Facilities Reserve Charge (FRC): Lot@$I4.115perlot -$ .IfPaymenttoinstall.,or relocate _,service connections(s)at the fixed cost of$ 2)the subdivider causes a detay in the service connection installation after one year since final map approval,the subdivider shall be charged the increase in the fixed cost,ifany. Deposit (the subdivider will either be billed or retumed the difference between this deposit and the3)actua)cost ofconstruction of$for construction by the Department of Water. B.SubmittotheDepartmentofWatera copy ofthe subdivider's pennit to perfonn work upon a State highway from the State Highways Division C.Prepare and receive Department ofWater's approval ofconstruction drawings for the necessary water system facilities and either construct said facilities or post a performance bond for construction.These facilities shall also include: D.Prepare and convey to the Department ofWater a Right-of-Entry and Temporary Grant ofEasement for the purpose ofconstruction,repair,maintenance,and operation ofthe subdivision water system improvements installed in other than County-owned property. E.Ifa bond is filed,to secure final subdivision approval,the subdivider shall clearly letter the following on the approved construction plans,final subdivision map,and deeds: "Domestic water service will not be available until the required construction improvements for this subdivision are completed and accepied by the Department ofWater,County ofKaua'i." This deed restriction shall be recorded with the Bureau of Conveyances within ninety (90)days offinal subdivision approval by the Planning Department. 4.Installation of service connections will not be required until request for water service is made.The applicant for service will be charged the applicable service connection charges at that time. 5.Other (or remarks); a D s a a D D D D D a a D a ~}yUc^t£^.^Oct22,2021 SUBDIVISION REPORTNO.S-2020-7 Michael K.Hinazumi,P.E. Program Administrator Engineering Division Date RF:bdm FINAL APPROVAL- DAVID Y.IGE GOVERHORQFHAWAII r oi.i.i'.i.^Ot r*•- PL^NNJNGDi 21 AUG 12 Pl :36 RECfc!v h L. r STATE OF HAWAII DEPARTMENT OF HEALTH KAUAI DISTRICT HEALTH OFFICE 3040 UMI STREET LIHUE.HAWAII 96766 August 6,2021 EL1ZABETH A.CHAR,M.D. INTERIM OIRECTOR OF HEALTH JANET M,BERKEMAN,N.D.,U.P.H.,F.A.A.P. D1STRICT HEALTH OFF1CER Mr.Ka'aina Hull,Director County of Kauai Planning Department 4444 Rice Street,Suite A473 Lihue,Hl 96766 Dear Mr.Hull, SUBJECT:PRE-FINAL Subdivision Map Review and Approval Subdivision No.:S-2020-7 Applicant:State of Hawaii DLNR Land Division-Division of Forestry and Wildlife All concerns have been addressed and the Department has no objections with final approval ofthis application. Should you have any questions,please call me at 241-3323. Sincerejy, Darten T Tam6k< District Environmental Health Program Chief,Kaua'i (Acting) 1 KAUA‘I PLANNING COMMISSION REGULAR MEETING October 26, 2021 Draft The regular meeting of the Planning Commission of the County of Kaua‘i was called to order by Chair Apisa at 9:00 a.m., - Webcast Link: https://www.kauai.gov/Webcast-Meetings The following Commissioners were present: Ms. Donna Apisa Ms. Helen Cox Mr. Gerald Ako Mr. Melvin Chiba Mr. Francis DeGracia Ms. Glenda Nogami-Streufert Ms. Lori Otsuka Excused or Absent The following staff members were present: Planning Department – Director Kaaina Hull, Deputy Director Jodi Higuchi Sayegusa, Myles Hironaka, Dale Cua, Romio Idica, and Planning Commission Secretary Shanlee Jimenez; Office of the County Attorney – Deputy County Attorney Laura Barzilai, Chris Donahoe, Office of Boards and Commissions – Administrator- Ellen Ching, Administrative Specialist Anela Segreti, and Support Clerk Arleen Kuwamura. Discussion of the meeting, in effect, ensued: CALL TO ORDER Chair Apisa: Called the meeting to order at 9:00 a.m. ROLL CALL Planning Director Kaaina Hull: Madam Chair, its 9:00, I think we have all commissioners presents. Commissioner Streufert, I think you must turn on your camera to come into the meeting. Once Commissioner Streufert’s ready we can… Ms. Nogami-Streufert: My camera is on. Mr. Hull: Thank you, so Madame Chair, I think we're ready at your discretion. Chair Apisa: Thank you, Kaaina. I call the meeting to order. Can you take a roll call, please? Mr. Hull: Roll call, Commissioner Ako? Mr. Ako: Here and by myself. 2 Mr. Hull: Commissioner Chiba? Mr. Chiba: Here and by myself. Mr. Hull: Commissioner Cox? Ms. Cox: Here by myself. Mr. Hull: Commissioner DeGracia? Mr. DeGracia: Here by myself. Mr. Hull: Commissioner Otsuka? Ms. Otsuka: Here and by myself Mr. Hull: Commissioner Streufert? Ms. Nogami-Streufert: Here by myself. Mr. Hull: Chair Apisa? Chair Apisa: Here and by myself. Mr. Hull: Thank you, Madam Chair, we have a quorum. Seven Present. APPROVAL OF AGENDA Mr. Hull: Next up, would be the approval of the agenda. The Department has a standard amendment to the agenda that New Business Items follow their respective Agency Hearings. But that'll be the only amendment the Department will recommends, New Business Items M, in directly following their agency hearings and agency item F. Chair Apisa: I would call for a motion to approve the minutes as amended. Ms. Nogami-Streufert: I move to accept the agenda or approve the agenda as amended by putting New Business Item M, to follow its respective Agency Hearing and item F. Ms. Cox: I second the motion. Chair Apisa: We have a motion on the floor. Any discussion? All those in favor? Aye. (Unanimous voice vote). Any opposed? Hearing none. Motion Carried. 7:0. MINUTES of the meeting(s) of the Planning Commission Mr. Hull: Next, there is no Minutes for the record. 3 RECEIPT OF ITEMS FOR THE RECORD (None) Mr. Hull: There are no Receipt of Items for the record exception of the agenda (inaudible) supplements and transmittals of testimony for the application of Phillip J. and Linda M. Green. As well as for the Kawailoa Development LLP. HEARINGS AND PUBLIC COMMENT Mr. Hull: We will move into oral testimony, and I'll turn this over to Jodi. What I'm seeing in the attendees list is that there are fewer attendees that have registered to speak with us, and I have an understanding that some of the individuals that are signed in as attendees have multiple people at their site that did indeed, previously register. So, if you're called upon to testify for 3-minutes, and you have another individual at your site that did previously register, please let Jodi know so that we can also entertain and hear their 3-minute of testimony as well. With that, I'll turn it over to Jodi, to call out those that requested to present orally or visually to the Planning Commission. Deputy Planning Director Jodi Higuchi Sayegusa: Thank you. Bear with us we're doing the best we can to try to manage it with the virtual platform setting. So, with that, first up on the list we have Annie Torio. When you're able to, if you could unmute yourself and put your video on and then, you'll be able to and will start timing you at that point. Annie Torio? Annie, are you there? Chair Apisa: Maybe, move on and then we could come back to that, if she indicates that she's present. Ms. Higuchi Sayegusa: Okay, I see her there. Okay. There she is. Okay. Annie, you might have to unmute yourself now. Ms. Annie Torio: Kalamai. We're hoping that we could present from Kapua Chandler's computer because she has a laptop, and we're going to have the kids Oli. So, is that possible to share my 3- minutes with Kapua Chandler's (inaudible)? Chair Apisa: But I think we did this in the past and I was instructed, we need to stick to who was registered to testify. Is that correct, I believe? Ms. Higuchi Sayegusa: Yes, I think. Mr. Hull: Madame Chair, just to double check. Kapua Chandler was pre-registered. I think what's happening Chair, is both Kapua and Annie are at the same site. We're having technical issues. So Kapua did indeed register. Ms. Kapua Chandler: Sorry. Just to add to what you said earlier, Kaaina, we have Piinai is also with us and Lopaka Chandler and then there's three other kids who registered Kai and Kadence and Tucker and they're not giving testimony. So, Jodi, kalamai. You can take those out, but I can do that, they are ready to go, and I’m in their classroom at Kilauea school. So, they have to be in bubbles outside if multiple classes come together, that's why we want to do it on the laptop just so that I can move outside because Annie is on the desktop in the classroom. 4 Ms. Higuchi Sayegusa: Okay. I moved you into it so, if on your laptop, you can go ahead and start unmuting yourself. Ms. Chandler: Can you hear us? (inaudible). Ms. Higuchi Sayegusa: I can hear you, am not able to see you just yet. Okay, there. So, I'm going to start the timer. Ms. Chandler: Anna, you can come close, Anna, since you want to do the intro. Come on Anna, so they can here you. Ms. Higuchi Sayegusa: I’m going to start the timer. You have three minutes. Ms. Chandler: I tell them what you're going to do. Ms. Anna Vaughan: My name is Anna Vaughan. Today, me and some fellow schoolmates stand before you today to sing the Kilauea Oli. This Oli was written and composed for the Kilauea school. It talks about the importance of Nihoku to the Kilauea community members. Here is that special Oli. [School students Hawaiian language chanting (oli).] Ms. Chandler: Okay, Piinae and this group and Lopaka, you can come with me. Jodi, is it okay to go into Piinae and Lopaka? Ms. Higuchi Sayegusa: Sure. I'm going to restart time. Again, that was Annie Torio, I guess? Ms. Chandler: Sorry, I was muted and I'm listening to from another classroom, Kalamai. The classroom behind me. That's okay? Ms. Higuchi Sayegusa: Yeah. So just to be clear that was Annie Torio. So, we're going to move on to Piinae. Ms. Chandler: Yep, Vaughan. Okay I'm going to just put it right in here it's not as good of a view but it's better acoustics. Okay, let us know and they can begin. Ms. Higuchi Sayegusa: Okay, you can begin. Ms. Piinae Vaughan: Hi, we are Na’e, Alayah, and Ilima, and we think strongly that you should not your build your house on Nihoku, because it is important to us and the birds. Also, because it represents Kilauea. Nihoku has many memories and his home too many endangered birds that machines could hurt. Ms. Na e: Hi, I’m Na e. I go to Nihoku alot. I have been going to Nihoku my whole life. To me, Nihoku is a place where you can connect with the `aina. One memory I remember is of me, my brother, my sister, and a few other kids played hide and seek in the tall grass in Nihoku. It was so tall that you cannonball into the grass. 5 Ms. Alayah: Hi, it’s Alayah. Nihoku is where I took my first and funniest field trip. It was so fun when we rolled down the hill and saw the nesting birds. Please protect them and don't build the house. Ms. Ilima: My name is Ilima, and some my favorite memories are actually at Nihoku. When I took my horse out of the pasture, and he ate lots of tall grass, ever since then my horse trusting. These are some of many memories that took place at Nihoku. Ms. Piinae Vaughan: We're proud that Nihoku represents Kilauea. These are some of the reasons why you should not build your house on our mauna. We would like it if you would not build your house on the Nihoku. Mahalo. Ms. Chandler: Awesome job girls. Thank you. And then now I have Lopaka. Is it okay to go, Jodi? Ms. Higuchi Sayegusa: Go ahead. Thanks. Mr. Lopaka Chandler: Aloha, my name is Lopaka Chandler, and I'm born and raised in Kilauea. My kupuna is from this place. I think that we shouldn’t build the house on Nihoku, that's because it's the bird sanctuary, and it's the volcano that made Kilauea. And I'm afraid that the birds might go away and find a new home and live somewhere else. People walk up the crater hill every day, and a house built on that part of the mountain would ruin it. This mountain is special to the Hawaiian people, putting a house on the Nihoku would change Kilauea forever, and it's not appropriate and does not belong there. Thanks for listening. Mahalo. Ms. Chandler: Okay, I know there's me, but I can go whenever you're ready. Ms. Higuchi Sayegusa: Okay yeah, I'm just going to try to go down the list that I have, and you can just clarify whether they're testifying. Next, I have on the list is Kadence Saenz. Ms. Chandler: So, Kadence is a no. Ms. Higuchi Sayegusa: Okay, I got. Next is Kyan Young. Ms. Chandler: That's a no. Ms. Higuchi Sayegusa: Next, is Tucker Constantino. Ms. Chandler: No. Ms. Higuchi Sayegusa: Okay. Next, I have Shyla Kainau Villanueva. Ms. Chandler: Yes. Did Shyla register? She's not here I'm not sure. She… Mr. Hull: Jodi, you have to bring her in on your end. Ms. Higuchi Sayegusa: Yeah, I got it. So, I'm going to, Kapua, I'm sorry, if I could, I'm just going 6 put you back, then bring you back again, just so I can manage it you know, and go in order on my list. Thank you. Ms. Chandler: Thank you so much. The kids have class and stuff, so we really appreciate them being able to go one-time. Mahalo Nui, I'll jump off now. Ms. Higuchi Sayegusa: Okay. Shyla are you are you there? If you're there, could you please unmute yourself and put your video on. Okay, Thank you. Ms. Shyla KaninauVillanueva: Aloha. Ms. Higuchi Sayegusa: Okay. You can begin. Ms. Villanueva: Mahalo. My name is Shyla Kanainau Villanueva. I am a lifelong resident of Kilauea. And I'm testifying in opposition to the request is special management areas permit for Seacliff Plantation development (inaudible). Last hearing, I told a story about how a field trip to Nihoku, inspired my education and career path and environmental cultural conservation in Hawaii, and today, I'm going to share another story. My father used to work within the gated community of Seacliff’s when I was about six or seven. And after he worked, he would drive us up to the cull de sac lookout just below Nihoku. And he would point to each bay along the coast both north, west, and east, and he would test me on all their names. He would ask me where the wind is coming from? What I thought the tide was doing? And what I thought the weather would be like the next day or within hours. And so, this is where I learned how to kilo. And shortly after that, came a time where stricter privatization and more construction of the Seacliff area, made it difficult for him to be there. And I recently asked him about this, and he vividly recall the feeling of alienation, but also that Nihoku, is a really special place because of its vast and all-encompassing vantage point. This would inform him as well as some, as well as some of my uncles in their decisions to go holo holo or to go fishing. And this would determine if we had fish to eat, which is our main source of dietary protein. He hasn't been up to Nihoku since, and this was over 15 years ago. Unlike my previous story, I don't tell this one often if not at all. But it attests to the past and continued impact that development on Nihoku has had on Kanaka `Oiwi who live in this area. Nihoku also holds space for mo`olelo, home to Akua, and Aumakua and is home to native coastal plants that have rich ethno botanical value, that have use in hula, food, and medicine. Near Lot 11. A., is a native plant restoration area within fish and wildlife. And within the area are Kauai endemic plants that are facing the pressure of extinction, (inaudible) or Po kala being one of them. As a previous Kupu intern, I studied the seed dormancy and ecology of (inaudible), and it is well known that the fruits are heavily impacted by the prediction of rats where seeds are severely damaged in the process. Nihoku is also home to part of the largest population of nesting seabirds in the main Hawaiian Islands. Nesting seabirds including many Nene, Moli, `Ua` Kani, and `A`o as well as Pueo. All of whose feathers are used in feather work, as well as a well-documented and important ethnos zoological relationship for Kanaka `Oiwi. The proposed development would be at the highest point on the slopes of Nihoku, closest to the refuge. Multiple associated impacts include grading, construction, interior lighting, and availability of foraging for rats. The proposed development further fragments potential future bird nesting and coastal native plants… 7 Ms. Higuchi Sayegusa: Three minutes, Chair. Ms. Villanueva: Needed in the face of climate change; I think it's important to acknowledge such development continues to marginalize not only Kanaka `Oiwi cultural practices but also native avian and plant life in the area, who are quite literally being pushed towards the edge. So, I'm here today, to humbly ask that the Planning Commission deny the requested permits, and that future time, to acquire proper cultural analysis, and environmental impact statements to follow. Mahalo Nui, for your time. Ms. Higuchi Sayegusa: Thank you. Next, registered speaker is Na Kia`i O Nihoku. If you folks could identify further who would be talking, I just want to make sure we have them on the list. Mehana Vaughan: Kalamai. Me ke aloha. wanted to offer this `oli which was submitted in written testimony… Ms. Higuchi Sayegusa: I'm sorry, if you folks could just further identify who is within the Na Kia, your group. Ms. Mehana Vaughan: My name is Mehana Vaughan, I grew up in the Kilauea area just near Nihoku. I and my ohana has been taking care of this area for three generations learning about and working to protect this area. Ms. Jessica Kaui Fu: I’m Jessica Kaui Fu. We have Hoku Cody, and Ann Eu. Ms. Higuchi Sayegusa: Okay, go ahead. [Group Hawaiian language chanting (`oli)] Ms. Higuchi Sayegusa: Thank you. Okay. Next on our list we have Bryn Webber. Bryn Webber, when you're ready, if you could identify yourself, unmute yourself and put your video on. Ms. Webber are you there? You know, I'll come back to Mr. Webber. Next, on the list is Ann Eu. I don’t see you on the attendee list. Next, we have Mehana Vaughan. Ms. Kaui Fu: Go ahead, Mehana Vaughan. Ms. Higuchi Sayegusa: Sorry, I'm sorry. Okay. Ms. Kaui Fu: Since we're all together we're having a hard time logging out of our first things. Next person getting on the computer. So, we have Anna and Mehanna both on this computer, that's okay to proceed that way? Ms. Higuchi Sayegusa: Yeah. You know what I see a Bryn has been able to come back so I'll come back to you folks, if that's okay? Ms. Kaui Fu: Mahalo. 8 Ms. Bryn Webber: Yes, they just had to add me back in and it took a second. Ms. Higuchi Sayegusa: Go ahead. Ms. Bryn Webber: Aloha, Planning Commission, Chair Apisa, Vice Chair Cox, and Honorable Kauai Planning Commissioners. My name is Bryn, I’m here today because I believe that my background and experiences can provide insight to the ecological significance and potential impacts of this proposed construction on the Nihoku Crator Hill area. No, I’m not from here, but over the past five years of living on Kauai, I have developed a deep respect for the Hawaiian culture in this community. Nihoku and Crater Hill are important cultural sites for practicing ceremonies such as Makahiki and it saddens me to see increasing development and decrease public access to the sacred sites. I oppose the development altogether and suggest that the Commission deny the permit for development. In 2016 and 2017, I worked for the Kupu Conservation Leaders Program Station at Kilauea Point Refuge. I spent countless days working along Crater Hill and Nihoku monitoring nest of endangered Nene and Albatross. I used to drive by this property every day on my way to work and recall seeing many nesting Nene in these native Naupaka bush's. These parents would be displaced from the property if it is developed. I've also seen firsthand, the thousands of native sea birds that rely on this area for nesting and resting. And the last several years, Albatross have returned to nest on Crater Hill meters away from the property. The Nihoku Restoration Project Three-hundred-thousand-dollar Preditor proof fence is only a few hundred meters away from the proposed development. This restoration project is the most important one of the most important sites for the recovery of two critically endangered species, the Hawaiian petrol and the Newell Shearwater. These species are declining rapidly. Studies shows 78% and 94% population decline just in the last 20 years. Recent research from Kauai, has shown that the leading causes of decline or due to power line collisions, light attraction, and habitat modification. I don't have time to explain, but I'm sure that many of you are familiar with this problem of seabird light attraction and the concept of fallout. Likely, close to a million dollars have been spent by the federal government to trans locate chicks from mountain boroughs to the Nihoku restoration site over the last five years, in the hopes of making a new colony, free of predators. This year was the first year that they have seen a few chicks returning as adults to their boroughs and attempting nests. These returning birds are evidence that these labor-intensive efforts to hand rear chicks are working, and they're on their way to establishing a new colony. This development is a huge issue to the success of this restoration project, as it is not a matter of if the lights from the construction projects and buildings, but when these lights, cause young birds to become disoriented crash into the ground and die. I believe this development and others in the area undermine the integrity of this important and it's expensive at conservation project funds that are extremely hard to come by. There are many obvious reasons why the property is within the county natural land use designation, and a scenic/ecologic resources Special Treatment District Area. This requires the commission to protect land and water areas with unique natural forums biologic systems or characteristics… Ms. Higuchi Sayegusa: Three minutes, Chair. Ms. Webber: Of value to the general public. Today, for the community and the birds, I simply. I am simply asking you to uphold this agreement. Thank you. Ms. Higuchi Sayegusa: Thank you. Next, next speaker, we have is Ann Eu, followed by Mehana Vaughan. 9 Ms. Mehana Vaughan: Anna will be testifying from Milan (inaudible). Ms. Higuchi Sayegusa: Thank you. Okay, go anytime. Ms. Ann Eu: Aloha, my name is Ann Eu. I'm a resident of Kilauea and Moloa’a for the past (inaudible) years. Nihoku is important to my family and I because it is the iconic and guardian presence above the area where we spend the most time together and where we surf, fish, and gather. I also work at Kahili Beach Preserve as a steward here to Kauai Land Trust. We strive to provide educational opportunities for keiki for many schools on Island, where they may learn about land preservation and conservation, river mouth estuary ecology, as well as native seabird habitat, behaviors, and migration patterns. I am very concerned that the proposed houses, would impact the many seabirds who call the area home. I also strongly feel that this house would forever ruin the experience of this vital place, the most visible part of this majestic and highly cultural significant peak above Kilauea for future generations of Kilauea, and Kauai’s young people. All of the times, I have been able to access the upper reaches of Nihoku have been for hula and ceremony, to learn of these special places, to learn place names of the area and their meanings, for Makahiki observations, and also to kilo drinks, solstices, and equinoxes, as well as to Malama `aina with Na Kia`i o`ni. This have all been under the conditions of obtaining Special Permits to access this place. Yet, it is now reserved for the few who can afford to live in the only gated community on this island. I can only imagine how wrong this must feel for descendants of people buried here or people who grew up in Kilauea town all their lives. I have through the years volunteered many hours with several nonprofit organizations caring for such places as Nualolo, Kalihiwai, Kahili Beach, as well as Nihoku, and from all of these I have experienced the truth of the Olelo noeau ma ka hana ka `ike. From every place all I have had the privilege to learn has come from quiet time working and listening to the land. This cannot happen if there is a house with occupants living in it right there listening to their Netflix and cars driving in and out, whether or not they have shielded lights are dropped the roofline or paint the house and matching color with the surroundings. As a non-native Hawaiian who has been involved in the cultural practice of hula, aloha, and malama `aina, I know for the past 20 plus years. I am constantly completely humbled and awestruck by the depth and breadth of knowledge and understanding that the ancient Hawaiians live with. Their understanding of the interconnectedness of our surrounding environment, the air we breathe, the land we walk upon, the rains, the waterways, the winds, the Pacific Ocean, that surrounds us, and the relationships between all these things and all the creatures on land, in air and in sea that inhabit it… Ms. Higuchi Sayegusa: Three minutes, Chair. Ms. Eu: Not just (inaudible). When, if you ever have the privilege to stand quietly and contemplation upon this special place. I believe the answer to you would come that it is completely inappropriate to build upon the slopes. I am asking you to make a decision that will forever preserve and protect a place so sacred and special. Mahalo. Ms. Higuchi Sayegusa: Next, we have on our list Mehana Vaughan, followed by Derek Gill. Ms. Mehana Vaughan: Aloha, (Hawaiian language). Can you hear me, alright? (Hawaiian language). Aloha, for the wonder of Nihoku, wells up with within me, and for the flying of all the 10 birds that flipped and soar here and there, at this hill of Palani ki kapua. I am coming to you today with an update on our progress since the last hearing, because in the last hearing you intrusted Na Kia`i o Nihoku with great kuleana of negotiating with the landowner an applicant. I have submitted for my testimony, a timeline of progress and steps we have taken and work since that day. Just to summarize, we met with the applicant twice including just within three days after the hearing, we were able to tour Romeo Idica, of the Planning Department. Mahalo, Romeo. We have also drafted Conditions submitted them to the applicant on September 26, and then heard nothing as of the morning of October 20th. We had absolutely no response. So that led us to the point to meeting to make decisions and we just wanted to emphasize that members of our hui have worked tirelessly in multiple hui meetings and outreach to community members to ensure that this negotiation is a collective process that includes kupuna wisdom and captures concerns of Kilaueaians, cultural practitioners, ecologist, and others for this vital place. We have read the testimonies that came in, over 160 individuals as well as the 48 today, who have testified in opposition to the dwelling and associated construction. Collectively, if contributed over 200 hours of we have community volunteer effort towards this negotiation process. We want you to know we've done our very best and have been concerned that we could have a substantive response within time, to vet it with the broader community and reach agreement. We remain committed to protecting the cultural ecological and community significance of Nihoku and we are grateful to the Planning Department and Commission for the opportunity and kuleana you have entrusted us with and for your time, as volunteers. And we thank you for all that you do. Mahalo. Ms. Higuchi Sayegusa: Thank you. The next registered speaker we have is Derek Gill, followed by Puakia Mo`okini Olivero. Mr. Gill when you can, please put your video on and your audio. Okay. Go ahead. Mr. Derek Gill: Aloha, Planning Commission Officers, Commissioners, Directors and staff, and community members. My name is Derek Gill. I am a Kauai property owner, and a malihini. I thank you for the opportunity to testify this morning. The permit applications before you are for a massive individual family residence that is on a parcel that falls under multiple special treatment county level zoning designations. These designations are intended to protect the land, the ecology, and the community from exactly this kind of non-compatible residential building project. In this case, a non-compatible residential building project solely for the benefit of one family that intends to cut and slice into the side of Nihoku, forever scaring the land. Forever altering the flow of weather and drainage patterns in the area. Forever altering the habitat of our seabirds who desperately need new habitats free of feral cats and other predators and rising seas, forever altering the vast unobstructed lines of sight to neighboring moku’s and ahupua`a’s, I sorry, I'm still learning Hawaiian, unique to this area that are currently available to traditional Hawaiian cultural practitioners, forever altering the ability of native descendants to fully imagine them history, and forever altering the sense of spaciousness that makes Kauai, unique, special, and powerful. In addition to your kuleana as the Planning Commission to uphold the spirit and intent of the special treatment zoning designations. It is my understanding that according to the Hawaii Supreme Court's ruling on Ka Pa`akai O Ka `aina versus Land Use Commission as county decision makers, you are required to perform the three-step Ka Pa`akai analysis prior to rendering decisions that may impact cultural resources sites, and associated practices. There are many who will testify here today, that are more qualified to speak about the specific Hawaiian cultural practices that will be negatively impacted if you are individually and as a Planning Commission vote to grant these permits, I strongly urge you to follow the legal guidance of the Hawaii Supreme Court ruling and 11 allow this Ka Pa`akai analysis to take place before making your decision. I urge you to grant in our Na Kia`i O Nihoku, their petition to intervene and represent the public's interest on this matter. I also hope, that everyone involved in this decision, including the landowners will take this opportunity to reflect on why they are drawn to live on Kauai. While the solely Western mindset might be most excited about the capital appreciation potential, which in itself is not bad. but that is not what makes Kauai unique. Kauai is special and unique because there are many diverse cultures present, Kauai is special and unique because of the ability to look in all directions and enjoy nature without the eyesore of overdevelopment. Kauai is special and unique because of the native culture of being in relationship with the land, and not just seeing the land as a resource to be extracted for human consumption and enjoyment. We are on the precipice of losing this native perspective and influence. Ms. Higuchi Sayegusa: Three minutes, Chair. Mr. Gill: Due to dwindling Hawaii population numbers, if those of us Malihini’s don't adopt these perspectives and practices, we will destroy the spirit of the land and it will turn into yet another economic casualty devoid of what drew us you're consciously or unconsciously to begin with. Without spaciousness we are not able to cultivate these practices that bring us in relationship with the land, when a site of cultural and spiritual practices boarded by private residence it necessarily creates an inner contraction. That is the opposite of what the native practices are intended to elicit this in my opinion is the essence of why this development is culturally inappropriate. In closing, my understanding is that the Kilauea communities work to protect the slopes of Nihoku from development for over 40 years. The proposed single-family compound would forever impact the views and feeling of space and place at the area ohana love and enjoy together. Let's not sacrifice this for the benefit of an individual family, and individual family that made this purchase with full knowledge of the three layers of zoning and conferences that were pertinent to the land. I encourage the Green family, to consider the compromises that have been proposed. Thank you, again, for the opportunity to testify and for your earnest consideration of its content. Mahalo Nui. Ms. Higuchi Sayegusa: Next registered speaker is Puakea Mo`okini-Olivero, followed by Olan Leimomi Fisher. Okay. Whenever you're ready Ms. Puakea you can unmute yourself. Ms. Puakea Mo’okini-Oliver: (Hawaiian language) Puakea Mo’okini-Oliver (Hawaiian language). I am testifying today, in support of Na Kia`i o Nihoku in their petition to intervene and represent the public's interest on this matter. From 2017 to 2019, I was a biological field technician and field crew lead for Maui Seabird Recovery Project for the United States Fish and Wildlife Service on Midway Atoll within Papa Hanau Moku Marine National Monument. From my experience in the settings, I can without reservation say that the proposed house would be a detriment to the existing populations of nesting seabirds on the cliffs of Nihoku. The ecological importance of seabirds and nutrient cycling on coastal and mountainous landscapes, underline the cultural importance of these long-lived species. Sea birds and their wings counterparts are valued for their abilities to frequent the (inaudible) where our deities reside. Several species such as the Moli and Kahuku are especially important for embodying the mana of certain deities, the Kou`e ula and the Kou`e kea, and Eva are indicators for Ho`okele and Wa’a people. Because of the close proximity to the colonies, it does not seem reasonable that shielded lights alone would mitigate disturbances to the Manu. One meaning provided by the name Kilauea is spewing, taken literally, it describes the vulcanology and current activity have Tutu Pele in her home on Halemaumau. I can't help but like 12 in Kilauea to the incredible amounts of testimony that has the fallen upon the Planning Commission for review. The tremendous amount of information Na Kia`i O Nihoku has provided, not only to the applicants and the Planning Commission regarding their concerns, but broadly to the community is impressive. What's more is the depth and breadth in which the proposed 12,000 square foot structure would significantly impair the traditional and customary practices of this place. Further, the `ike, mo`olelo, mele, oli, and support from across Kauai and the pai `aina for Nihoku seems also to be spewing forth. I admire their permit applicants that initiated community comment on this process from beginning. However, the lack of significant changes to original plans raises the question whether community comments is being heard? After all, it is now the Planning Commission's duty to act in accordance with the volume of knowledgeable community input provided. In a Hawaiian worldview, `aina is everything that constitutes life, from the ecological, geological, and astronomical to the winds, rains, and animals are not only deities but our ancestors, our history, our present, or future. Impacts on any of these resources is an impact on cultural resources, an impact on our places is a detriment to our ways irrevocable changes last for generations. We're still living in echoes of this today. It is my hope honored Planning Commissioners, that your compassion for Nihoku, and all that it shares and provides can spew forth and understanding of Na Kia`i O Nihoku who's position and approve their petition to intervene in the permitting process of the applicants. Aloha `aina, mahalo. Ms. Higuchi Sayegusa: Next register speaker is Olan Leimomi Fisher, followed by Billy Kenney Jr. Okay. Ms. Olan Leimomi Fisher: Aloha mai kakou. My name is Olan Fisher and I'm testifying on behalf of Office of Hawaiian Affairs. We appreciate the opportunity to offer comments on this matter before the Commission. Based on the agenda packet for today's meeting, it is still unclear whether a Ka Pa`akai Analysis has been performed by the County regarding this proposed project. OHA recommends that before deciding today, regarding Agenda Item F.1.a, that the County, take the time to meaningfully engage with the Ka Pa `akai Analysis, which requires specific findings and conclusions when considering a petition, or when rendering and decision that may impact Native Hawaiian traditional and customary practices. These three parts frameworks provide a mechanism to not only protect Native Hawaiian Right but also allows the County to review and analyze all the necessary factors to reach an informed decision that balances the competing interests and legal rights. Planning Director’s preliminary recommendations, only address the use of downward facing shielded lights and darker tone colors. However, there has still been no determination about whether these recommendations will in fact protect Native Hawaiian traditional and customary rights. There's been no mention of other possible actions to protect Native Hawaiian traditional and customer rights. And there has been no mention of the many other suggestions that Na Kia`i o Nihoku, propose. Also, regarding the intervening status of Na Kia`i o Nihoku, while the status is certainly not a replacement for the County's Ka Pa `akai analysis, it would help to better protect Na Kia`i o Nihoku’s constitutionally protected rights to engage in their traditional practices, as well as to help better to develop the record to bring clarity to the issues, and hopefully better developed potential solution and pass it forward. In conclusion, OHA would just like to remind you all at the County that you all have a constitutional duty as described by the Hawaii Supreme Court in Ka Pa`akai, to fully consider the resources, site, and practices of the sacred place, and to take all the necessary actions to reasonably protect them and deliver on decision making processes. OHA urges the commission to please, at the very least conduct a Ka Pa `akai Analysis before making any decisions regarding this item, and 13 to really listen to the many voices of the community here today. Mahalo Nui, Commissioners, for all your hard work for Kauai, please take care. Aloha. Ms. Higuchi Sayegusa: Next register speaker is William Kenney Jr. followed by Hoku Cody. Mr. William Kinney: Aloha, can you hear me? Ms. Higuchi Sayegusa: Yes. Mr. Kinney: Aloha, again. Mahalo, for your time, Commission. Aloha for the record, my name is Billy Kinney, currently a resident of Kilauea. I've been on record saying all kinds of culture stuff. So, I wanted to officially state, my hopes that a proper internal cultural impact statement or cultural survey would be done by the County before I even really entertaining this permit. But I would really like to digress a little bit and talk about subdivision. Particularly, how subdivisions like Seacliff gated community, can continue to really consolidate this type of like land tenure and like development desires that really degrade traditional and customary practices, properties, and access. And so, to do they really degrade the possibility of (inaudible) and sort of the reinvigoration of those practices are the general area too, right? And so, the reason why I kind of zoom out a bit, is because when really, when identifying culturally significant places and practices, it’s kind of insufficient to solely base those distinctions on artifacts and experiences, and practices done concentrated in a small defined area that is really kind of bound by arbitrary boundaries. And so, Kehau (inaudible), she uses this idea of distribution archaeology, where we apply like our regional rather than a cyclable focus. So, my point is this kind of allows archaeology and cultural records to be thought of as more of a continuous distribution of experiences and artifacts over the surface of the land, right? Rather, and then at varying frequencies and density. So, the process is really what gets me here, and analysis archetypes like Ka Pa `akai don’t necessarily kind of fail to address the future of traditional and customer practices, and some and the surrounding community regarding cultural life ways. So, the concept of subdivision along with faulty analysis, really leads us to more Eurasia rate of people and culture, and what they call degradation principal or cultural natural resources, lose legal protections, as land has already suffered these substantial adverse impacts. And then at that point, it doesn't matter if we keep chipping away at it right. So that's, that's a terrible thing, and so traditional customer practitioners do exist on the specific site out. I will go on record and say that. And the continuation of those practices of this region really depends on the integrity of that site. And I don't know if I'm allowed to talk about intervener or the petition, but I'll just stop there. Thank you. Ms. Higuchi Sayegusa: Thank you. Next register speaker is Hoku Cody followed by Jessica Kaui Fu. Cody, I think you can just unmute and put your video on whenever you're ready. Ms. Hoku Cody: Aloha. Ms. Higuchi Sayegusa: Whenever you're ready to begin. Ms. Cody: I wanted to take my time in the testimony to read the testimony of Ryan McCormick who already submitted. And I just wanted to make sure that was, okay? Ms. Higuchi Sayegusa: Sure. Yep. It's your time to testify so you have three minutes. Okay. 14 Ms. Cody: To whom it may concern. My name is Ryan McCormick, and I am the Kuma hula of Maunuunu a school of traditional Hawaiian dance, in Kea`au, Hawaii, my `uniki rites were conferred in 2014 through Unukupukupu under the tutelage of Dr. Taupouri Tangaro, who was ordained as a Kumu hula in the lineage of Halau o Kekuhi and the Kanaka`ole family. We are practitioners of the Hula Pele, the ritual dance form of the descendants of the Pele clan. The chants and dances of our lineage record the ongoing relationship between people and the volcanic forces of this archipelago. It is through this work of carrying this tradition that I was first introduced to the landscape of Nihoku. In 2016, I was asked by Na Kia`i o Nihoku to share stories and perspectives about the many mythological, genealogical, and geological between the landscape of Hawaii Island, and that of Kauai explicated in our traditions. Of the many place names that encompass Nihoku that do indeed, affirm its status as a wahi pana there are multiple overt references to the Pele’s family. (i.e., Kilauea, Na Kaikaina), which underscores the importance of this region in the living myths of Pele and her family, and the practitioners tasked with keeping those rich didactic narratives alive for generations to come. Nihoku itself provides the ideal location for a pa hula, or designated space for ceremonial dance and chant offerings, and haumana from our Halau, we're privileged to share the hula as part of the Makahiki ceremonies there in 2017. As well as Mo`olelo and mele confirm, Nihoku, and its surrounding wahi pana, have been areas of cultural and religious significance for centuries and continue to be so for Kanaka Maoli and practioners of Hawaii life ways. Any development that would restrict or interfere with the preservation of these lands, wildlife conservation efforts and access to the area by cultural practitioners and lineal descendants of original inhabitants would be tantamount to an assault upon the culture and traditions of these lands and would further erode the foundation of traditional knowledge so critical to understanding our collective human relationship to this landscape off Hawaii. Therefore, I am in opposition to the proposed development upon the Nihoku. `O au iho no me ka `oia`i`o, Ryan McCormick. Mahalo. Ms. Higuchi Sayegusa: Thank you. Next register speaker is Jessica Kaui Fu, followed by Kaua Chandler. Ms. Jessica Kaui Fu: Aloha, can you hear me? Ms. Higuchi Sayegusa: Yes. Ms. Fu: All right, Aloha honorable Planning Commission. I think the best use of my few minutes here today, is to echo the voices of the kupuna of this place, and I'm on I'm sitting here alongside Gary Smith who is like a lot of kupuna in our community have a hard time with the technologies of today. I just wanted to convey their voices today, and I'm their concerns for protection of this place. And, and the progress that they have made through the generations. So, I'm going to tell a little story about Uncle Gary when he led a group of hula practitioners from through, from our respective islands they gathered here and went on a Hua ka’i to Nihoku. And they were blown away at the experience that they had in this special, special place; they saw it. They felt it. And on that day, visionaries like Uncle Gary who stood up for this place and stuck up for this place. It was very clear and apparent to this coupon or here that sits beside me what this place needed, and that is Hawaiians, the lei o of Hawaii, voices of a Hawaii to return and to take kuleana and stewardship of this place, and to grow the historical and cultural aspects and important, and the importance of this place for all of Hawaii. For the Kilauea community, Kauai community, as well as all of Hawaii. 15 We see the archaeological evidence of Hawaiian uses of the crater. And, and many yet that have yet to be uncovered. One cannot go there without coming away with the feeling that this place is truly special a wahi pana, a place that rings with resonance within you. And that feeling is something that is perpetuated through our Hawaiian practices, our customs, and traditions. And over time, we are continuing to learn what Nihoku means the protruding tooth, and that even though it belongs to the ahupua’a of Kilauea, it had its own famous chief (inaudible) Kapua, which was mentioned in earlier testimony, complete with its own wind (inaudible), that was first uttered in the chance by Pele herself when she named off the winds of Kauai. Nihoku must have been a significant place for the people of old, yet for years, Uncle Gary states, that we called it Crater Hill. These places are special and significant to the Hawaiian people, and the community, and during those years, there were historical accounts of railroads being up on the slopes, cattle being raised up there, and the flora and fauna trampled. And warehouses, dumped garages, things, a whole bunch of different things, and he realizes that this kind of activity and building on the mountain is disrespectful. And what needs to happen is a kuleana to restore the specialness of this place and restore of customer practices is of utmost importance. To encourage on the transmission of mo’olelo, that was only captured in the oratorios and the histories of Kupuna. They were never written, they were from, they were, the Kilauea community knew they were important. They orally transmitted these things. And our group is the one to carry on these traditions… Ms. Higuchi Sayegusa: Three minutes, Chair. Ms. Fu: And push this unwritten literature into the practices and customs of the future generations. And so, we are here today, to oppose the permit and encourage you all to really dig deep into the importance of this special cultural landscape and place for traditional customary and cultural practices. Mahalo. Mr. Gary Smith: Mahalo. Ms. Fu: (Hawaiian Language) uncle taught us and other things so we just Mahalo, for your time, and for hearing our concerns. Anything else uncle? Mr. Gary Smith: Well, I'm of the neanderthal compared to these wonderful spokespersons for Kia`i Kilauea. Well, I couldn't have left this kuleana in better hands. That was one of my concerns, how do we carry on the kuleana after you work so hard on something to preserve a land and keep the Hawaiian voice there? How do you perpetuate the kuleana? It's a, it's a hard task. It's a long, it's a lifelong job. And I'm so glad you see today, what kind of leadership we have here is, it's awesome. I'm in awe and just continually inspired by this group of young people. I'm the old guy was once the young guy, who worked very hard and could accomplish things but. Deputy County Attorney Laura Barzilai: Chair, pardon me. (Inaudible) unregistered speaker Madame Chair. Mr. Gary Smith: I'm still here on earth I want to be here a long time but (inaudible) this kuleana. I can relax now. Mahalo for your time. Chair Apisa: Gary, thank you. 16 Ms. Higuchi Sayegusa: Thank you, last registered speaker is Kapua Chandler. Whenever you're ready you can unmute and put your video on. Chair Apisa: After this speaker, we'll take a 10-minute break and then we'll resume. Ms. Higuchi Sayegusa: Miss Chandler. Ms. Kapua Chandler: Aloha. Can you folks hear me? Ms. Higuchi Sayegusa: Yes. Ms. Kapua Chandler: Kalamai. You just missed the bell, it's a nice song that they play over here in Kilauea. Aloha, Honorable Planning Commissioners, Director, and Staff. I just first, want to express my gratitude to all for taking time to make the hard decisions for the future of our county. And I just really appreciate all the time and the work that you do for our island. My name is Kapua of Chandler, and I am a lineal descendant of Kilauea and Kahili, lands that my kupuna are buried on. And I'm testifying today, in opposition of the SMA permit and agenda item one. I recently finished my doctorate in education. And I've since returned home to serve as an educator in our community. This past summer we organized a summer program which took keiki who are intergenerational connected to the ahupua’a of Kilauea through rigorous `aina based learning. Majority of our ability to access `aina was granted by private landowners and rarely was `aina publicly accessible for our youth. As a community member who has lived my entire life in Kilauea see that the keiki of today, do not have the same types of access as I did grow up, witnessing the layered barriers that we must go through in order to practice our customary rights and to educate the future leaders of Kilauea and Kauai is distressing. I implore you to read critically the plans for this 12,000 square foot development. Nihoku, or as we know it growing up Crater Hill, is a Learning Center for the future generations of Kauai, and the approval of this permit would permanently alter and desecrate this vital sacred educational space. Time and time again, we have witnessed the unforeseen consequences of development and outright gating have such sacred sites. I want to be a part of the solution and I believe you are all critical components, who are determining the future for Kilauea, and Kilauea kids. I am concerned about the perpetual protection of our `aina, while the immediate impact of your decisions today, are essential. I am most concerned with a detrimental impact that we're burdening future generations with. While the Green ohana is a contributing member to our community, the issue at hand is not the applicant. It is the lasting impact of such an excessively large home carved into the side of the most sacred mountain in Kilauea and Koo’lau, Nihoku. I believe this time to be an amazing opportunity for the Planning Commission to do what is right for the place and set the standard for what it means to perpetually protect `aina across generations. Protection today, looks like imposing requirements on size and location. Please seize this opportunity and think innovatively and how we can move forward to protect our `aina, not only for the cultural and educational practices of today, but also for the unborn keiki who should always feel welcome to continue to practice our traditional and customary rights at Nihoku. Mahalo nui and just really appreciate you folks taking the time to listen and hear the concerns of my community. Aloha. Ms. Higuchi Sayegusa: Thank you. That, that concludes the registered speakers that we have on our list. Chair. 17 Chair Apisa: Oh, thank you very much. We will take a 10-minute recess, and I will be back at 10. `Well, let's call it 10:10 will be back. The Commission recessed this portion of the meeting at 9:59 a.m. The Commission reconvened this portion of the meeting at 10:10 a.m. Chair Apisa Called the meeting back to order after the recess. Chair Apisa: Okay, we're ready to reconvene, and I would like to take a roll call. Be sure everyone is so present. Mr. Hull: Roll Call, Madam Chair. Commissioner Ako? Mr. Ako: Here by myself. Mr. Hull: Commissioner Chiba? Mr. Chiba: Here by myself. Mr. Hull: Commissioner Cox? Ms. Cox: Here by myself. Mr. Hull: Commissioner DeGracia? Mr. DeGracia: Here by myself. Mr. Hull: Commissioner Otsuka? Ms. Otsuka: Here and I'm by myself. Mr. Hull: Commissioner Streufert? Ms. Nogami Streufert: Here by myself. Mr. Hull: Chair Apisa? Chair Apisa: Present by myself. Mr. Hull: Motion passes. Madam Chair. Seven Present. Continued Agency Hearing SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2022-1, CLASS IV ZONING PERMIT 9Z-IV-2022-1, and USE PERMIT (U-2022-1) for the construction of a farm dwelling unit, guest house, garage and associated site improvements with Lot 11-A of the Seacliff Plantation Subdivision in Kilauea, involving a parcel situated approximately 1,000 feet west of the Pali Moana Place/Makana`ano Place intersection, further identified as Tax 18 Map Key: (4) 5-2-004:084 (Unit 1) affecting a portion of a larger parcel approximately 12.305 acres in size = Phillip J. & Linda M. Green, [Director’s report received, hearing deferred 9/14/2021]. i. Supplemental Director’s Report transmitting written testimony ii. Petition for Intervention (received October 19, 2021) by Mehana Blaich Vaughn, Nicole Hoku Cody, and Jessica AK Fu on behalf of Na Kia`i O Nihoku. Mr. Hull: Next, is the Agency Hearing portion where the Commissioners received a petition for intervention which needs to be reviewed prior to any further discussion or action on this particular agenda item, being that intervention could lead to contest the case hearing. I'm going to step down from clerking the meeting for this portion, and hand it over to the Chair and the County Attorney. Thank you. Chair Apisa: Thank you very much. I would like to ask the Department for a status report. Madam Chair and members of the Commission, the Department did submit a supplemental. Ms. Laura Barzilai: Pardon, pardon me clerk Hull. Madam Chair, I think, preferably if you could please read into the record and notice for item F.1.a, before Director Hull gives his report. Chair Apisa: Yes, thank you. Thank you, instead of Director Hull doing that. Continued is the New Agency Hearing. Yeah, Amendment to Special Management Area Use Permit (SMA(U)-88- 10) Class IV Zoning Permits (Z-IV-88-39), Use Permit (U-88-31, and Special Permit (SP-88-6) to allow construction of a paved parking lot containing approximately 90… Ms. Laura Barzilai: Pardon me, Madame Chair, I'm so sorry. That would be F.1.a. that's page two of the agenda under Continued Agency Hearing. Chair Apisa: Yes, I'm sorry, I jumped ahead of myself on the agenda. Special Management Area Use Permit (SMA(U-2022-1), Class IV Zoning Permits (Z-IV-2022-1), 2022 and Use Permit (U- 2022-1) for the construction of farm dwelling unit, guesthouse, garage, and associated site improvements, Within Lot 11-A of the Seacliff Plantation Subdivision in Kilauea involving a parcel situated approximately 1000 feet west of the Pali Moana Place Makana`ano Place intersection, Further identified as Tax Map Key: (4) 5-2-004:084 (Unit 1) affecting a portion of a larger parcel approximately 12.305 acres in size, applicant is Philip J. and Linda M. Green, Directors Report was received, a hearing deferred on September, 14 2021. So, if this would be at the time, I believe I would like to hear the Director’s Report if I mean, if that's available. Mr. Hull: Chair, the Director’s Report, has been provided (inaudible) intervention first, but just as an update as to where the Department is I guess before setting the parameters for intervention with the county attorney, I can state, and perhaps both parties are agreement but defer to them, but the Department, as was testified today, and, you know, at the original agency hearing a voluminous amount of testimony came in from the public. In particular, there was a lot of testimony concerning traditional customary practices. Now, the applicant did complete a traditional customer practice analysis, through its own representative and outreach. But as agency hearings are essentially set up is to gauge the members of the public, and people that access are frequent the area. For additional information and like you saw, there was a lot of testimony that came in. So, based on that new that testimony came in which, you know, went beyond I think, what beyond what the Department felt 19 was adequate in the original traditional customary practice analysis, made by an applicant. The Department is currently and has embarked on outreach to cultural practitioners, those that testified as well as others to update the traditional customary practice are some members of the public revert to the Ka Pa `akai analysis, if you will, to determine impacts to traditional customer practices, either that have occurred on the property or in the region. And we're about three quarters of the way of reaching out to the members of the public that either testified or been identified as cultural practitioners. And so, we haven't completed the report. We are in the process of doing it. We intend to submit that report to you, which could also update and necessitate amending our recommendation to the commission. We anticipate having that report. Within three to four weeks no two to three weeks. But ultimately, as we process this report, we're asking for the commission to defer both the overall agenda item for their review the application, as well as the petition for intervention in the that perhaps after we come out with our report, it will provide a, an area that the two parties may come into common ground or consensus around, and if not, you know, the intervention that can be reviewed and then we may end up and contest the hearing. But right now, if we wanted a contested case hearing today, this would put a 1–3-year timeline on the review of this with, with a hearings officer and somewhat perhaps avoid that. We're asking for a month or a deferral to December 14. Chair Apisa: Thank you very much for the status report. In order to achieve the deferral to December 14. I would ask the following questions of the applicant. I believe today, represented by Timothy Irons from the law firm, and the petitioner Mehana Vaughan representing Na Kia`i O Nihoku. So, of the applicant on Mr. and Mrs. Green in care of Mr. Irons. Does your client confirm that they continue to waive the timelines under CZO Section 8- 3.1 F., as confirmed by Mr. Jung at the September 14th, meeting, to allow for the Department to complete its recommendations? Mr. Tim Irons: Thank you, Chairperson and Commissioners, my name is Tim Irons from Dentons, representing the appellant’s the Green’s. We, we don’t have a problem with the Planning Department, finishing up their Ka Pa `akai analysis, we understand that because of the Thanksgiving holiday that December 14th is the next available hearing. So, we are not objecting to the continuance of the agency hearing until that date. We do have a general objection to the delay that has taken place so far. But we understand that it's important for Planning Department to finish its analysis. On the intervention, we will be filing a formal objection, or opposition today, so, we would just request that the decision on intervention be continued from today, if it occurred between now and December 14, that's up to the commission. I have other points, I'd like to raise with regard to the application, if I may do so either now or at a later point. Ms. Barzilai: Madam Chair, since I believe there, its Laura County Attorney's Office. Since we're moving toward deferral, I don't think it would be appropriate to take any more information on the application at this time. I'm not sure if you would like to proceed toward a deferral, Madam Chair, I'll let you decide. Chair Apisa: I would like to ask the petitioner to intervene, Ms. Mehana Vaughan or another representative of the Nihoku group. Do you agree to defer the Commission's consideration of your petition to intervene to the December 14, Commission Meeting? Ms. Daylin Rose Heather: Hello, I'm Dalian Rose Heather, I’m with the Native Hawaiian Legal Corporation. I am here making a special appearance for Na Kia`i O Nihoku. We would agree to 20 defer consideration of the petition until the December 14, Meeting and just command the Commission and particularly Director Hull for your consideration and your, your care in making sure that the Constitutional protections for Native Hawaiian rights, and other environmental considerations are taken into account before moving on the project. Thank you very much. Chair Apisa: Thank you both very much. So, at this time, I'd like to ask the commissioners, if they have any additional questions at this time, regarding the deferral to December 14. Hearing none, I would ask for motion to defer the continued agency hearing to December 14, 2021, Planning Commission meeting. Ms. Cox: I am moves that we defer the hearings, the agency continued agency hearing and the intervention until the December 14, meeting. Ms. Nogami Streufert: Second. Chair Apisa: We have a motion on the floor with a second is there any further discussion on the matter? Hearing none. I would like to take a roll call vote. Ms. Barzilai: Madam Chair, I can do the roll. Chair Apisa: Thank you. Ms. Barzilai: Commissioner Ako. Mr. Ako: Aye. Ms. Barzilai: Commissioner Chiba. Mr. Chiba: Aye. Ms. Barzilai: Commissioner Cox. Ms. Cox: Aye. Ms. Barzilai: Commissioner DeGracia. Mr. DeGracia: Aye. Ms. Barzilai: Commissioner Otsuka. Ms. Otsuka: Aye. Ms. Barzilai: Commissioner Streufert. Ms. Nogami Streufert: Aye. Ms. Barzilai: Chair Apisa. 21 Chair Apisa: Aye. Ms. Barzilai: Motion Carried 7:0. Chair Apisa: Thank you very much on the matter is deferred to December 14, 2021. New Agency Hearing AMENDMENT TO SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-88-10, CLASS IV ZONING PERMIT (Z-IV-88-39), USE PERMIT (U-88-31), and SPECIAL PERMIT (SP-88-6) to allow construction of a paved parking lot containing approximately 90 off-street parking stalls, landscaping, and related improvements on a parcel situated on the mauka side of Po`ipu Road, situated directly across the Grand Hyatt Kauai Resort & Spa, affecting a portion of the Po’ipu Bay Golf course further identified as Tax Map Key: 2-9- 001:007, and affecting an area approx. 1.3 acres in size = Kawailoa Development LLP. Chair Apisa: Moving on our agenda, would be the New Agency Hearing. Mr. Hull: I’ll take over. Moving on to Agenda Item F.2, New Agency Hearing Amendment to Special Management Area Use Permit (SMA(U)-88-10, Class IV Zoning Permit (Z-IV-88-39), Use Permit (U-88-31), and Special Permit (SP-88-6) to allow construction of a paved parking lot containing approximately 90 off-street parking stalls, landscaping, and related improvements on a parcel situated on the mauka side of Po`ipu Road, situated directly across the Grand Hyatt Kauai Resort & Spa, affecting a portion of the Po’ipu Bay Golf course further identified as Tax Map Key: 2-9-001:007, and affecting an area approx. 1.3 acres in size, Kawailoa Development, LLP is the applicant. We have received two pieces of written testimony and no further oral testimony. At this time, the Department would recommend closing the Agency Hearing. Chair Apisa: Do we have a motion to close this Agency Hearing? Ms. Nogami Streufert: I move to close the Agency Hearing. Ms. Cox: I second. Chair Apisa: Any discussion? All in favor say, aye. Again, Kaaina, I would like to take a roll call, please. Mr. Hull: Definitely. Roll Call, Madam Chair. Commissioner Ako? Mr. Ako: Aye. Mr. Hull: Commissioner Chiba? Mr. Chiba: Aye. Mr. Hull: Commissioner Cox? Ms. Cox: Aye. 22 Mr. Hull: Commissioner DeGracia? Mr. DeGracia: Aye. Mr. Hull: Commissioner Otsuka? Ms. Otsuka: Aye. Mr. Hull: Commissioner Streufert? Ms. Nogami Streufert: Aye. Mr. Hull: Chair Apisa? Chair Apisa: Aye. Mr. Hull: Motion passes. Madam Chair. Motion Carried 7:0. Chair Apisa announced that the Agency Hearing in closed. Mr. Hull: Okay, moving on from the Agency Hearing to the actual review of the application. I'll turn this portion over to Dale Cua who was the planner assigned to this for the Directors Report. Hold on one second. Let's see if we find Dale, he should be on. Polycom as we're having a bit of a technical issue could we take a five-minute recess? Chair Apisa: Certainly, we will be back at 1030. The Commission recessed this portion of the meeting at 10:25 a.m. The Commission reconvened this portion of the meeting at 10:30 a.m. Chair Apisa Called the meeting back to order after the recess. Chair Apisa: I call the meeting back to session and do a roll call, please. Mr. Hull: Roll Call, Madam Chair. Commissioner Ako? Mr. Ako: Here by myself. Mr. Hull: Commissioner Chiba? Mr. Chiba: Here by myself. Mr. Hull: Commissioner Cox? Ms. Cox: Here by myself. Mr. Hull: Commissioner DeGracia? 23 Mr. DeGracia: Here by myself. Mr. Hull: Commissioner Otsuka? Ms. Otsuka: Here and I'm by myself. Mr. Hull: Commissioner Streufert? Ms. Nogami Streufert: Here by myself. Mr. Hull: Chair Apisa? Chair Apisa: Here and by myself. Thank you. Mr. Hull: Motion passes. Madam Chair. Seven Present. AMENDMENT TO SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-88-10, CLASS IV ZONING PERMIT (Z-IV-88-39), USE PERMIT (U-88-31), and SPECIAL PERMIT (SP-88-6) to allow construction of a paved parking lot containing approximately 90 off-street parking stalls, landscaping, and related improvements on a parcel situated on the mauka side of Po`ipu Road, situated directly across the Grand Hyatt Kauai Resort & Spa, affecting a portion of the Po’ipu Bay Golf course further identified as Tax Map Key: 2-9- 001:007, and affecting an area approx. 1.3 acres in size = Kawailoa Development LLP. Mr. Hull: I’ll read the item back into the record, Madame Chair, we are on New Business for Special Management Area Use Permit (SMA(U)-88-10, Class IV Zoning Permit (Z-IV-88-39), Use Permit (U-88-31), and Special Permit (SP-88-6) to allow construction of a paved parking lot containing approximately 90 off-street parking stalls, landscaping, and related improvements on a parcel situated on the mauka side of Po`ipu Road, situated directly across the Grand Hyatt Kauai Resort & Spa, affecting a portion of the Po’ipu Bay Golf course further identified as Tax Map Key: 2-9- 001:007, and affecting an area approx. 1.3 acres in size, Kawailoa Development, LLP is the applicant. and I'll turn it over to deal for the directors of the things. Staff Planner Dale Cua: Good morning. Madame Chair and Members of the Planning Commission. At this time, I would like to highlight in summarize portions of the Director’s Report, if you're okay with that. Mr. Cua read the Summary, Project Data, Project Description and Use, Additional Findings, Preliminary Evaluation, and Preliminary Conclusion sections of the Director’s Report for the record (on file with the Planning Department). Mr. Cua: Agency comments are attached to the report, and at this time, that concludes the Department Director’s report and findings. Chair Apisa: Thank you very much. Is there a representative here for the applicant Kawailoa Development LLP? Mr. Johnathan Chun: Yes, the morning, members of the Commission and Chair. Jonathan Chun, on behalf of Kawailoa Development LLP. Also, present with me on the video is Toshiaki Shindo 24 and Dennis Chan, along with our consultant Cary Kondo from (inaudible). We’ve reviewed the Directors Reports and we do not have any corrections or comments to it. We do agree with all the Conditions contained in the report. We just want to know that the Conditions they are requiring or the request that the berm that we already have designed for the parking lot be raised from 3 feet to 4 feet, we do understand the basis for that the CZO does require (inaudible) for up to 4 feet, that can be done. Landscaping will always be included on top of the room anyway so, there will be substantially more buffering of the parking lot from the public road then just the 4 feet, we already have planned landscaping significant landscape on top of the berm. So, but we do understand the initial reasoning of raising the berm of 4 feet, that would at least ensure that even if there is no landscaping is done, you’ll have at least 4 feet. So, that's not an issue with us. Chair Apisa: Thank you very much. Commissioners, do you have any questions for the applicant? Ms. Otsuka: I do. Good morning. I was wondering, would there be sufficient lighting, walking from the hotel to the parking lot. Mr. Chun: I’m not sure. I'll turn this question to Mr. Kondo our consultant who might be more familiar with the existing lighting a long Po`ipu Road. I think there are some but I'm not sure. Cary, can you answer that question? Mr. Cary Kondo: The project doesn't include any additional lighting a long Po`ipu Road, I believe Po`ipu Road is lighted, and there is adequate lighting, but at this time, there's no additional lighting, being added along Po`ipu Road. Ms. Otsuka: I haven't gone there in a while or at night in a while, so I wasn't sure if there was any lighting at all. So, thank you. Mr. Chun: So, if I may, Commissioner Otsuka, there are, I am on the internet right now, but according to Google Earth right now, I'm looking at the picture there is light poles right there are light poles directly across the main entrance, where the entrance to where the parking lots will be. I'm seeing that, and looks like 100 feet, there's another one further east of that. And also, there is another light pole, basically, across the intersecting road of Po`ipu Road, which is another 100 feet, west. I think there's about three light poles in the area, but from where the parking lots going to be there is one, I see one, two, light poles already existing along the road. I’m trying to move by Google Earth picture around the bend to see there's more leading from the bend, oh yes, there are more light poles around the bend. They go towards the, if you recall the main banquet entrance to the hotel, the main lobby entrance, they're light, there's another two light poles further down. So, it looks like every 100 feet, there are light poles along the road, along Po`ipu Road. Ms. Otsuka: Okay, thank you, Jonathan. Appreciate it. Mr. Chun: No, thank Google Earth. Good question. Ms. Nogami Streufert: Jonathan. This is Glenda Streufert. Is there a crosswalk or is this going to be only for valet parking? Mr. Chun: There is no crosswalk. We can request Public Works. If they would want to include a crosswalk there and it is a county road. But I think that would be a good question, we don't control the public world. There it is, is not only (inaudible) not valet parking. 25 Ms. Nogami Streufert: Okay, just because of the safety around there. When people go to banquets, they may have had something to drink, and you want to be. You've got some crosswalk that they can walk over. Okay, thank you. Mr. Chun: I think that’s an excellent question and I think that’s good communication, we send to Public Works, maybe requesting a crosswalk at either the main entrance or the secondary entrance. Because there are sidewalks along the on the Hyatt side, on the hotel side of Po`ipu Road there are sidewalks, which we hope people will stay on. Ms. Nogami Streufert: But they still cross to stay on. Mr. Chun: Your correct, they should stay on so I think that's a proper question for Public Works so we know whether they can add in a crosswalk. Ms. Nogami Streufert: Thank you. Mr. Ako: Madame Chair, I’ve got a question. I think we just received some testimony from some of the residents that are living very close by to the parking lot, and I know, Johnathan, that you have addressed a lot of these questions within your application itself. I was wondering whether we could go to some of the questions that this resident had? Mr. Chun: Sure, Commissioner Ako. Mr. Ako: I think one was what is going to be the use of the proposed parking lot, is it going to be for like public parking or is it going to be for hired employees parking lot? Mr. Chun: I can answer some of that and Mr. Chen or Mr. Toshiaki Shindo can highlight some of that, but it is for both public and employees. Mr. Chen or Mr. Shindo, do you want to add in more about that? I don't think we broke down the number there 90 stalls all together, which is a significant amount under the prior permits the Commission requested 40, so we're more than doubling the number of stalls, that under prior permits were requested. Mr. Ako: Yeah. So right now, I think, pretty much the intention of the building of the parking lot is because there is an overflow already of parking, usually during events, as well as for employees? Mr. Chun: That's what we have found during events parking in the past pre-Covid. You would see not only employees, but you know event participants parking along the side of the Po`ipu Road. I've done it myself; I have to admit I've done it myself. When I attended some events at the Point at the Hyatt, and there were not enough parking spaces in the parking lot. I had parked along the southern road. So, I think this will address the concerns of that in terms of allowing whoever needs to park the overflow would be accommodated by that overflow parking lot the 90 stalls. Mr. Ako: It’s unlikely that this building of this parking structure will bring in additional cars that are already there, and it's just workflow. Mr. Chun: Correct. It’s not design for it to, the only increase if potential parking was, as the commission previously, about six months ago, approved additional two hotel units for the hotel, but as it was presented by the hotel at that time, that would result in only 1.5 additional cars so. This is not intended to take care of any over, additional development but just to make sure that the overflow that is currently existed pre-Covid can be handled adequately. 26 Mr. Ako: About how long would the construction process be? Mr. Chun: Mr. Kondo, could you answer that question, please. Mr. Cary Kondo: Yeah. Mr. Ako: And I think part of the reason for that question was because of the fact that, you know, the noise that comes up in constructing that goes on so they kind of want to you know put on longer construction, lasts. Chair Apisa: And then I would just ask that you put your video and your mic on when you speak, please. Mr. Kondo: Sorry. Okay, what was the question, oh construction. Yes, construction estimated to take between 9 to 12 months. Once construction gets started. Mr. Ako: (Inaudible) which make the noise level to be higher than usual I guess or is just comes with the natural world of construction, putting up a parking lot? Mr. Kondo: During construction? Mr. Ako: Yes. Mr. Kondo: Yeah, of course during construction there would be additional noise levels during construction, but once the construction is completed, then the noise level would be back to normal. Mr. Ako: Think another concern that was mentioned was the fact, that right now this resident I guess, lives behind the current employee’s employee parking lot, there's a light that's coming into their resident there. Has a certain type of lights have been selected already for new parking lot? Mr. Kondo: Well, the drawings indicate that we have the light post, I believe the light post are 17 foot tall, but the top of the fixtures, then downward. So, the light fixture is facing down. So, I believe the bottom of the fixture is 14 feet above the ground and it is facing down. Mr. Ako: And another question was in terms of property value with all the concerns that have come out, will this affect their property values of the residents surrounding vicinity so far? Mr. Kondo: Well, yeah, I can't see if it's going to affect the property values of the neighboring properties, but the main, I think the goals of the parking lot, is to improved appearance of Po`ipu Road because currently all of the cars parked along the crash shoulder on the mauka side of the road, and it does pose area visually, not very pleasant appearance, and it also, because the park haphazardly, they're not parallel park or perpendicular Park. So, it is also safety, a safety concern. So, with the, with the construction of the parking lot, those vehicles would then be in the off-street parking and improving the visual appearance of Po`ipu Road. Mr. Ako: I guess my final question would be I guess to planner Mr. Cua. Whether you had anything that was contrary significantly contrary to what was just presented here, these questions? Mr. Cua: No, none whatsoever. 27 Mr. Ako: I thank you. Thank you, Madam Chair. Mr. Chun: Madam Chair, if I may add to some of the comments by Mr. Kondo. Chair Apisa: Yes, please. Mr. Chun: Yeah, good questions, Commissioner Ako. Those are some of the questions that I take in the various number of comments from neighboring landowners before the meeting, and those are some of the comments that I got, especially in regard to the lighting. And what I pointed out and Mr. Kondo can confirm that with the lights for the height of a light pole and the light at the end of the project, and upon the maturity of the landscaping, more than likely the lights itself will be also shielded by the landscaping. As pointed out, especially now, with the permit 4 feet by one of the plants that will be trees or will be planting along that will be Kou and looking at the at the specification for the Kou tree, that tree can grow anywhere between one, when mature between 10 to 12 feet. So, adding that the height, along with the canopy of the tree around that time, you look at about 16 to 17 feet, total maturity, a height of maturity of the tree. The light poles are going to be within under that canopy light itself, which I would say, as point of what Mr. Ako brought up. So that's one thing I was highlighting or these mentioning to some of the landowners, that apart maturity of the trees and landscaping. The lights from the parking lot, not the streetlights of course but the lights in the parking lot, will at least be partially shielded by the landscaping primary by the larger tree the Kou tree that will be grown on top of the landscaping. Mr. Ako: Thank you. Chair Apisa: Jonathan, what type of tree, are you saying, is it Koa? Mr. Chun: It was called Kou. Chair Apisa: Okay. Kou, Thank you. Mr. Chun: I'm not a landscape expert, but thanks, again to the internet I looked it up on Google for my favorite thing, and it was given that kind of specification in terms of upon maturity. Chair Apisa: Any further questions from the Commissioners of either the applicant or the planner? Hearing none, Glenda Are you have something. Are you ready to make a motion? Ms. Nogami-Streufert: I was just going to make one, I moved to approve Special Management Area Use Permit (SMA(U) 88-10, Class IV Zoning Permits Z-IV- 88-39, Use Permit (U-88-31), and Special Permit (SP- 88-6). Ms. Otsuka: I second. Chair Apisa: motion on the floor to approve. Any further discussion. Hearing none. I would like to call for a voice vote. Mr. Hull: Roll Call, Madam Chair. Commissioner Ako? Mr. Ako: Aye. 28 Mr. Hull: Commissioner Chiba? Mr. Chiba: Aye. Mr. Hull: Commissioner Cox? Ms. Cox: Aye. Mr. Hull: Commissioner DeGracia? Mr. DeGracia: Aye. Mr. Hull: Commissioner Otsuka? Ms. Otsuka: Aye. Mr. Hull: Commissioner Streufert? Ms. Nogami Streufert: Aye. Mr. Hull: Chair Apisa? Chair Apisa: Aye. Mr. Hull: Motion passes. Madam Chair. Motion Carried 7:0. Mr. Chun: Thank you, Madam Chair and Members of the Commission. Chair Apisa: Thank you. Continued Public Hearing Mr. Hull: There is no Continued Public Hearing New Public Hearing Mr. Hull: There is no New Public Hearing All remaining public testimony pursuant to HRS 92 (Sunshine Law) CONSENT CALENDAR Status Reports Mr. Hull: Moving on, we don't have no agenda items for consent calendar. Director’s Report for Project Scheduled for Agency Hearing 29 Executive Session Mr. Hull: There is no need for Executive session. GENERAL BUSINESS MATTERS. COMMUNICATION. COMMITTEE REPORTS. Subdivision Mr. Hull: Moving on to Subdivision Committee Report, I'll turn it over to Subdivision Committee Chair DeGracia for some Subdivision Committee Report. Mr. DeGracia: Good morning. Today’s Subdivision Committee Meeting in attendance was me, Commissioner Ako and Commissioner Chiba. There were two items. First, was an extension requests for subdivision application No. S-99-49 Kulana Association of Apartment Owners, Kulana subdivision, which was approved. There was also a Tentative Subdivision Map Approval for a subdivision application No. S-2022-1, Inouye Family Trust, et. al., proposed to Lot boundary adjustment, and that was also approved, and that concludes my report. Chair Apisa: Thank you. Ms. Cox: I'm going to take this item. Since Donna, Chairperson has to recuse herself. Chair Apisa: Yes, I would like to recuse myself just so I am involved with the Kulana Subdivision. Thank you. Chair Apisa recused herself from the meeting at 10:54 a.m. Ms. Cox: Thank you, Donna. I'm happy to entertain a motion unless there are questions to approve the committee's report. Ms. Nogami Streufert: I moved to approve the Subcommittee Report. Ms. Otsuka: I second. Ms. Cox: Should we do a roll call, Kaaina? Mr. Hull: Roll call, Madam Chair. Mr. Ako: Aye. Mr. Hull: Commissioner Chiba? Mr. Chiba: Aye. Mr. Hull: Commissioner DeGracia? 30 Mr. DeGracia: Aye. Mr. Hull: Commissioner Otsuka? Ms. Otsuka: Aye. Mr. Hull: Commissioner Streufert? Ms. Nogami Streufert: Aye. Mr. Hull: Chair Cox? Ms. Cox: Aye. Mr. Hull: Motion passes. Madam Chair. Motion Carried 6:0. NEW BUSINESS. Mr. Hull: Moving on, we have no New Business. Chair Apisa returned to the meeting at 10:56 a.m. ANNOUNCEMENTS Topics for Future Meetings The following regularly scheduled Planning Commission meeting will be held at 9:00 a.m., or shortly thereafter on November 9, 2021. The Planning Commission anticipates meeting via teleconference but will announce its intended meeting method via agenda electronically posted at least six days prior to the meeting date. Mr. Hull: Moving on to Item N., Announcements, topics for future meetings, coming up in the upcoming November meeting the second Tuesday, November, which is November 9th., there are just two agenda items one is a single-family residence and an SMA permit. The other is a draft ordinance concerning CCNR’S, ARU’S guest houses, and ADU’s in their regulations within CCR’s private covenants that was referred to us from the County Council so that that agenda doesn't look too heavy. The second meeting in November, due to Thanksgiving Holiday, there is no second meeting, and rounding out the last meeting of the year, December 14, we have the Princeville glamping application with the Princeville Applications for developed campgrounds, as well as the application for the Green’s will be returning to you folks. So, these are our two agenda items that have generally come with a consistent amount of testimony and input. So, anticipate a fairly long commission meeting, Commissioner. Sorry, we thought we could have a light load for the holidays but it just not going to be the case. With that, we don’t have anything else, if there is anything that the Chair or anyone else would like us to look at agendizing beyond application or permit reviews, please let us know. Chair Apisa: I don’t have anything to add, does any of the commissioners have anything to add? 31 ADJOURNMENT Chair Apisa: Hearing none. I entertain a motion to adjourn. Ms. Otsuka: I move to adjourn. Ms. Nogami-Streufert: Second. Chair Apisa: All those in favor say aye? Aye. I think we can do a voice call on this (Unanimous voice vote). Meeting is adjourned. Motion Carried. 7:0. Thank you. I will see you all on November 9th. Chair Apisa: adjourned the meeting at 10:57 a.m. Respectfully submitted by: Arleen Kuwamura, Commission Support Clerk ( ) Approved as circulated (add date of meeting approval). ( ) Approved as amended. See minutes of meeting. ORDINANCE N0.B1LLNO. A BILL FOR AN ORDINANCE TO AMEND CHAPTER 1 IA, KAUA'I COUNTY CODE 1987,AS AMENDED,RELATING TO ALL HAZARD STATEWIDE OUTDOOR WARNING SIREN SYSTEM. SECTION 1.Finding and Purpose.The Council finds that All Hazard Statewide Outdoor Waming Siren Systems are intended to act as an outdoor alerting method for people and communities ofupcoming hazard events on or nearby coastal areas who may not otherwise have access to other alerting methods via radio.Expediting the regulatory review ofthese systems is necessary for the health,safety,and welfare ofthose living or frequenting these coastal areas. SECTION 2.Sec.8-1.4 Application of Regulations,Kaua'i County Code 1987,as amended is hereby amended by amending section (e)to read as follows: (a)For the purposes ofthis Chapter,the County ofKaua'i shall include the districts of Waimea,Koloa,LThu'e,Kawaihau and Hanalei as described in Sec.4-1(4),H.R.S. (b)Unless otherwise expressly prohibited by law,the provisions ofthis Chapter shall apply to all areas within the County boundaries. (c)In administering and applying the provisions ofthis Chapter,unless otherwise stated, they shall be held to be the minimum requirements necessary to accomplish the purpose ofthis Chapter. (d)For parcels containing multiple zoning designations,each designation shall be considered individually in applying the standards ofthis Chapter,with the exception that any lot or parcel located in the State Land Use Commission Agricultural District and containing fifty (50)acres or more in the County Open District shall be considered together with the County Agriculture District for the purpose ofdetennining parcel acreage to apply subdivision standards. (e)Nothing in this Chapter shall regulate the placement,design and construction ofthe Hawai'i Emergency Management Agencv Managed (HIEMA)All Hazard Statewide Outdoor Wamine Siren Svstems;or utility poles,towers,and transmission lines by a public utility company as defined in Sec.269-1,H.R.S.,provided,that the siren systems,poles; and towers shall be no higher than twenty (20)feet above the height limits for structures applicable in the Use District in which the poles and towers are constmcted. (f)Nothing in this Chapter shall regulate the minimum size oflots in a subdivision which are to be used for govemment or public utility facilities.The creation ofsuch lots shall be in compliance with the provisions ofChapter 9,County Subdivision Ordinance,ofthe Code. (g)Nothing in this Chapter shall prohibit the use of factory built housing or trailer homes as permitted dwellings,buildings or structures for the purpose ofhuman habitation or f:4.^ MAR O 8 2022 occupancy within the various Use Districts provided that all such factory built housing and trailer homes must first: (1)Meet all applicable development standards,density limitation and other such requirements for the particular Use District; (2)Be permanently affixed to the ground; (3)Have had their wheels and axles,ifany,removed; (4)Iflicensed pursuant to Hawai'i Revised Statutes Chapter 249,have been registered as a stored vehicle in accordance with Hawai'i Revised Statutes Sec.249-5; (5)Meet the standards and requirements contained in Sec.12-4.4 ofChapter 12, Building Code;and (6)Meet all other applicable govemmental rules,regulations,ordinances,statutes and laws. (h)Recreational trailers may be used as temporary dwellings for travel,recreational or vacation purposes in accordance with Chapter 16 (Recreational Trailer Camps)ofTitle 11, Administrative Rules,Department ofHealth,State ofHawai'i,or any other State or County laws,ordinances or rules relating to the use ofpublic or private lands,parks or camp grounds for camping or recreational purposes.Except as provided herein,no recreational trailer shall be used as a dwelling or building for the purpose ofhuman habitation or occupancy.(Ord.No.935,November 14,2012) Ka'aina S.Hull Director of Planning COUNTY OF KAUA'I PLANNING DEPARTMENT Jodi A.Higuchi Sayegusa Deputy Director of Plannmg I.SUMMARY Action Required by PIanning Commission: Permit Application No. Name ofApplicant(s): DIRECTOR'S REPORT Consideration for an Ordinance to amend Chapter 8,Kaua'i County Code,as amended,relating to All Hazard Statewide Outdoor Waming Siren Systems Zoning Amendment ZA-2022-2 COUNTY OF KAUA'I,PLANNING DEPARTMENT II.PERMIT INFORMATION III.LEGAL REQUIREMENTS 4F.H.O-* MAR O 8 2022 v:\2022 master files\amendments\zoning\2a-2022-2\correspondence\report-l 2,17.22_za-2022-2 all hazard statewide outdoor warning siren systems.docx AMENDMENTS K\Zoning Amendment Pursuant to KCC Section 8-3.4(a),as amended,a Zoning Amendment is necessary because it involves the changing of legislation text whenever the public necessity and convenience and the general welfare require an amendment. General Plan Amendment Community Plan Amendment I1 State Land Use District Amendment KCC Section 8-3.4 Public Hearing Date: MARCH 8,2022 Date of Publication: Febmary 4,2022 Date of Director's Report: Febmary 17,2021 IV.DESCRIPTION OF THE AMENDMENT The proposed legislation amends Section 8-1.4(e)of the Comprehensive Zoning Ordinance,entitled "Applications of Regulations".To date,Section 8-1.4(e)does not specify that A1I Hazard Statewide Outdoor Waming Siren Systems are exempt from Kaua'i County zoning permitting requirements.The proposal is to amend Section 8-1.4(e)of the Kauai County Code to read: (e)Nothing in this Chapter shall regulate the placement,design and constmction ofthe Hawai'iEmergency Manaeement Agency Managed (HIEMA)All Hazard Statewide Outdoor Waming Siren Svstems;or utility poles,towers,and transmission lines by a public utility company as defined in Sec.269-1,H.R.S.,provided,that the siren svstems,poles;and towers shall be no higher than twenty (20) feet above the height limits for structures applicable in the Use District in which the poles and towers are constructed. Note:Ordinance material to be repealed is bracketed,and new ordinance material is shown underscored (refer to Exhibit 'A'for reference and complete ordinance). V.AMENDMENT JUSTIFICATION All Hazard Statewide Outdoor Waming Siren Systems are intended to act as an outdoor alerting method for people and communities of upcoming hazard events on or nearby coastal areas who may not otherwise have access to other alerting methods via radio. County permitting for these structures within coastal areas require Special Management Area permits as well as shoreline variances which could lead an extensive process which includes Environmental Assessment (EA)and Kaua'i Planning Commission approvals. Expediting the regulatory review of these systems is necessary for the health,safety,and welfare of those living or frequenting these coastal areas. VI.AGENCY COMMENTS See attached Exhibit A. VII.PRELIMINARY EVALUATION In evaluating the proposed zoning amendment,the following aspect should be taken into consideration: 1.The proposed request is to be evaluated pursuant to Section 8-3.4(d)of the KCC,as amended,relating to the consideration of a proposed amendment and it reads: "(d)Consideration.In considering an amendment,the Planning 2 IPage ZA-2022-2 All Hazard Outdoor Waming Siren Systems,Director's Report County of Kaua'i,PIanning Department February 17.2022 Commission shall consider the purposes of the existing and proposed changes to the Zoning Ordinance.A change in the Zoning Map or text shall not be made unless the change will further the public necessity and convenience and the general welfare." The proposed legislation will promote the public necessity,convenience, general safety and welfare by facilitating the permit process for the installation ofAll Hazard Statewide Outdoor Waming Siren Systems. 2.General Plan The proposed bill is in alignment with the following goals and policies of the General Plan,which emphasizes the protection and preservation of Kaua'i's natural beauty: A.Section 1.3,entitled "Visions and Goals" 1)Goal #3:"A Healthy and Resilient People"-Hazards resiliency is built on coordination among the community,all levels of govemment and private sector to mitigate against,prepare for,respond to,and recover from natural disasters,act ofterrorism,and other threats and hazards. The placement ofAll Hazard Statewide Outdoor Waming Siren Systems is important to wam the community in areas where access to other alerting methods such as radio signals and intemet devices may not be accessible. B.Section 1.4,entitled "Policies to Guide Growth" 1)Policy #5:"Make Strategic Infrastructure Investments"- Infrastmcture placement for hazard resiliency such as All Hazard Statewide Outdoor Waming Siren Systems is critical in addressing the first response efforts to alert the community of natural disasters and other hazards. 2)Policy #14:"Prepare for Climate Change"-Climate change and resulting sea level rise are evidenced and documented on a global, national,as well as local levels.To prepare for such events,streamlining the County Permit Process to allow All Hazard Statewide Outdoor Waming Siren Systems to be permitted in generally coastal high hazards areas assists in preparing for increased coastal hazards due to climate change and sea level rise. VIII.PRELIMINARY CONCLUSION Based on the foregoing findings and evaluation,it is concluded that the proposal is reasonable and appropriate. ZA-2022-2 All Hazard Outdoor Waming Siren Systems.Director's R.eport County ofKaua'i,Planning Department Febniary 17.2022 3|Page IX.PRELIMINARY RECOMMENDATION Based on the foregoing evaluation and conclusion,it is recommended that the subject request to amend Section 8-1.4(e)ofthe Kaua'i County Code (1987),as amended,be TENTATIVELY APPROVED and DEFERRED pending funher analysis with community groups and govemment agencies. By Romio Idica PIanner Approved &Recommended to Commission: KA'AINA S.HULL Director of Planning Date: <^-/'^'2^2.1- ZA-2022-2 All Hazard Outdoor Waming Siren Systems,Director's Report County of Kaua'i,Planning Department February 17,2022 4 |Pag e EXHIBIT"A" (Agency Comments) For reference cow'y 1'",Ar.M '22 M 2fi "1 :/;y RECEIVED COUNTYOFKAUA-I PLANNING DEPARTMENT A I...'i ><i,11-i-'')444 Rl(^E STREET,SU1TE A473 LIHU'E,HAWAI'I 96766'~f'":<'u •lcr1' (808)241-4050 JAN 2 o 'a'a CountyofKaiiai Transportation Agency FROM:Kaaina S.Hull,Director (Romio)1/19/2022 SUBJECT: TO: ZoningAmehdinentZA-2022-2? Cok,Planning Department,Applicant FOR YOUR COMMENTS (pertaining to your department): CTTPI \^l,^>o ^n.Txi'^.C»i^i^E^»-t ohi Tivt^|>A.WVEV-• 'XH^^^S 'ifif^- This matter js scheduled for a public hearing before the County of Kauai Planniiig Commis.sion oil 3/8/2022 at the Lihue Civic Center.Moikeha Building,Meeting Room 2A-2B,4444 Rice Streel, Lihiie,Kaiiai,at 9:00 am or soon thereafler.If we do not receive your agency comments within one (1 ) inoilth t'rom [he date of this reqtiesl,we will assume that Ihere are no objectioiis to this permil request. Mahalo! s Department ofTransportation -STP DPW-EngineeringsDOT-Highway,Kauai(info only) ~s DPW-WastewatersDOT-Airports,Kauai (info only) "u DPW-Building"D' DOT-Harbors,Kauai (info only)s DPW-SolidWaste~w State Department of Health s Department of Parks &Recreation E State Department of Agriculture 'w Fire-Department E State Office of Planning ^T County Housing-AgencysStateDept,ofBus.&Econ.Dev.Tourism ~n County Economic Development E State Land Use Commission s KHPRCsStateHistoricPreservationDivision ~w_ Water Department"u DLNR-Land Management TT Kaua'i Civii DefensesDLNR-Foresty &Wildlife ~a~ U.S.Postal DepartmentsDLNR-Aquatic Resources s UH_Sea_OrantsDLNR-OCCL s Coun6'BJ^aiji8jBOi;t^ifln,Agency^~a- Other: COUNTY OF KAUA'I PLANNING DEPARTMENT 4444 RICE STREET,SUITE A473 LlHU'E,HAWAI'I 96766 (808)241-4050 FROM:Kaaina S.Hull,Director (Romio)1/19/2022 SUBJECT:Zoning Amendment ZA-2022-2,/ Cok,Planning Department,Applicant TO: FOR YOUR COMMENTS (penaining to your department): No comments or concerns from fire This matter is scheduled for a public hearing before the County of Kauai Planning Commission on 3/8/2022 at the Lihue Civic Center,Moikeha Building,Meeting Room 2A-2B,4444 Rice Street, Lihue,Kauai,at 9:00 am or soon thereafter.If we do not receive your agency comments within one (1) month from the date of this request,we will assume that there are no objections to this permit request. Mahalo! ~D_ Department of Transportation -STP ~w DPW-Engineering~D' DOT-Highway,Kauai(info only)s-DPW-WastewatersDOT-Airports,Kauai (info only)3~DPW-BuildingsDOT-Harbors,Kauai (info only) "a' DPW-SolidWastewStateDepartmentofHealth ~D Department of Parks &Recreation"a' State Department of Agriculture s Fire-Department-D; State Office of Planning County Housing-Agency-D' State Dept.of Bus.&Econ.Dev.Tourism -D- County Economic DevelopmentsStateLandUseCommissionKHPRC State Historic Preservation Division x Water Department"D' DLNR-Land Management ~D~ Kaua'i Civil Defense E DLNR-Foresty &Wildlife 3 U.S.Postal Department"n' DLNR-Aquatic Resources 3:UH_Sea_Grant"D' DLNR-OCCL ~w County Transportation Agency~D Other: ORD1NANCE N0.BILLNO. A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUA'l COUNTY CODE 1987,AS AMENDED,RELAT1NG TO WAREHOUSES IN THE COMMERICAL GENERAL ZONING DISTR1CT BE IT ORDA1NED BY THE COUNCIL OF THE COUNTY OF KAUA'l,STATE OF HAWAl'l: SECTION 1.Findings and purpose.The purpose of this ordinance is to amend section 8-2.4 Table of Uses to remedy an inaccuracy in the Commercial General Zoning District. As currently written in the Table ofUses,section 8-2.4(j)(25)outright permits warehouses in the Commercial General Zoning District.Whereas Section 8-2.4(1)(13)requires warehouses in the Commercial General Zoning District to obtain a Use Permit. The proposed amendment seeks to rectify the oversight and permit warehouses in the Commercial General Zoning District. SECTION2.Chapter 8,Kaua'i County Code 1987,as amended,is hereby amended by amending Table 8-2.4 -Table ofUses,in pertinent part,as follows: "TABLE 8-2.4 Table of Uses ?=:4.^. 2022 Sec.USE ZONISG DISTRICT Residential RR Commercia!Industrial AG o R-I to R-6 R-10 to R-20 CN CG IL IG 8-2.40(1)Accessory uses and structures p 8-2.4(i )(2)Automobile sales,repair p 8-2.40X3)Automobile services p 8-2.40(4)Churches,temples and monasteries p 8-2.4U)(5)Clubs,lodges and community centers p 8-2.40)(6)Commercial indoor amusement and parks p 8-2.4CJ)(7)Department stores p 8-2.40(8)Hotels and motels p 8-2.40)(9)Household services p 8-2.40X10)Light manufacturing,such as handicrafts and garment fabrication p 8-2.4G)(11)Minor food processing,such as cracked seeds, jellies,candies and ice cream p 8-2.40(12)Museums,libraries and public services p 8-2.40)(13)Offices and professional buildlngs p Scc.fSE ZON1NG DISTR1CT Residential RR Commercial Indusirial AG o R-l to R-6 R-10 to R-20 CN CG IL IG 8-2.4G)(14)Parklng garages p 8-2.40X15)Personal services p 8-2.40X16)Public offices and buildings p 8-2.40)(17)Public parks and monuments p 8-2.4(j)(18)R-esearch and development p 8-2.4(j)(19)Residential dwellings,detached,attached or multi-family dwellings p 8-2.4Q)(20)Restaurants and food services p 8-2.40X21)Retail sales p 8-2.40(22)Supennarkets and shopping centers p 8-2.40(23) Fransient vacation rentals,provided they are located within the designated Visitor Destination Areas established pursuant to Article 17 ofthis Chapter.These uses are prohibited in non-VDA areas p 8-2.40)(24)Fransportation terminals and docks p 8-2.40)(25)W^arehouses p 8-2.4QX26)ftfholesale outlets p 8-2.4(1)(1)Animal hospitals u 8-2.4(0(2)Bars u 8-2.4(1)(3)Botanical and zoological gardens u 8-2.4(1)(4)Commercial outdoor amusement u 8-2.4(1)(5)Communications facilities u 8-2.4(1)(6)Construction materials storage u 8-2.4(1)(7)Diverslfied agriculture u 8-2.4(1)(8)Food processing and packaging u 8-2.4(1)(9)Nightclubs and cabarets u 8-2.4(1)(10)Private and public utilitles and facilities u Notes: 1 Requirements for Additional Dwelling Units (ADU)are contained in Article 15. 2 Only produce raised or grown on the property and/or associated farm or value-added goods derived primarily from produce or livestock raised on the subject property and/or associated fann. KEY:U =Use Permit Required P =Permitted Use or Structure (Zoning Permit may be required)" SECTION 3.lf any provision of this ordinance or application thereof to any person,persons,or circumstance is held invalid,the invalidity does not affect the other provisions or applications of this ordinance which can be given effect without the invalid provision or application,and to this end,the provisions ofthis ordinance are severable. SECT10N 4.Ordinance material to be repealed is bracketed.New ordinance material is underscored.When revising,compiling,or printing this ordinance for inclusion in the Kaua'i County Code 1987,as amended,the brackets,bracketed material,and underscoring shall not be included. SECTION 5.This ordinance shall take effect upon its approval. Introduced by: (By Request) DATE OF 1NTRODUCT10N: LIhu'e,Kaua'i,Hawai'i 8-2.4(1)(11)Project development in accordance with Article ICofthisChapter u 8-2.4(1)(12)Schools and day care centers u [8-2.4(1)(13)][Warehouses][U] 8-2.4(1)[(14)]_Cm Any other use or structure which the Planning Director finds to be similar in nature to those listed in this Section and appropriate to the District u 8-2.4(u)(2) Homestay located in the Visitor Destination Area (VDA),pursuant to Article 18 ofthis Chapter p Ka'aina S.Hull Director of Planning Jodi A.Higuchi Sayegusa Deputy Director of Planning COUNTY OF KAUA'I PLANNING DEPARTMENT DIRECTOR'S REPORT I.SUMMARY Action Required by PIanning Commission: Consideration of a Bill for an Ordinance Amending Chapter 8, Kaua'i County Code 1987,as amended,relating to the Comprehensive Zoning Ordinance (CZO). Permit Application Nos.Zoning Amendment ZA-2022-3 Name of Applicant(s)COUNTY OF KAUA'I,PLANNING DEPARTMENT II.PERMIT INFORMATION III.LEGAL REQUIREMENTS r:^.i<?.» MAR O 8 2022 AMENDMENTS Zoning Amendment Pursuant to KCC Section 8-3.4(a),as amended,a Zoning Amendment is necessary when changing the text whenever the public necessity and convenience and the general welfare require an amendment. General Plan Amendment Q Community PIan Amendment State Land Use District Amendment KCC Section 8-3.4 Public Hearing Date:March 8,2022 Date ofPublication:February 04,2022 Date of Director s Report:February 15,2022 IV.DESCRIPTION OF THE AMENDMENT The proposed bill is being initiated by the County of Kaua'i Planning Department and the purpose ofthe legislation (Bill No.to be determined)is to amend Section 8-2.4 ofthe Comprehensive Zoning Ordinance (CZO)relating to the Commercial General Zoning District Table of Uses. The proposed amendment seeks to rectify an oversight to allow warehouses as generally permitted in the Commercial-General Zoning District Table of Uses that would read: ZA-2022-3 Director's Repon CountyofKaua'i,Planning Department March 08.2022 2 |Pag e Sec.USE ZONING DISTRICT Residential RR Commercial Industrial AG o R-l to R-6 R-10 to R-20 CN CG IL IG 8-2.4(j)(l)Accessory uses and stmctures p 8-2.4(j)(2)Automobile sales,repair p 8-2.4CJ)(3)Automobile services p 8-2.4(j)(4)Churches,temples and monasteries p 8-2.40X5)CIubs,lodges and community centers p 8-2.40(6)Commercial indoor amusement and parks p 8-2.40X7)Department stores p 8-2.4(j)(8)Hotels and motels p 8-2.40(9)Household services p 8-2.4(j)(10)Light manufacturing,such as handicrafts and ^arment fabrication p 8-2.40X11)Minor food processing,such as cracked seeds, iellies,candies and ice cream p 8-2.4(j)(12)VIuseums,libraries and public services p 8-2.40X13)3ffices and professional buildings p 8-2.4(j)(14)Parking garages p 8-2.4CJ)(15):>ersonal services p ZA-2022-3 Director's Report County ofKaua'i,Planning Department March 08,2022 3|Page Sec.USE ZONING DISTRICT Residential RR Commercial Industrial AG o M to R-6 R-10 to R^20 CN CG IL IG 8-2.4(j)(16)Public offices and buildings p 8-2.40(17)1'ublic parks and monuments p 8-2.4(j)(18)Research and development p 8-2.4(j)(19)Residential dwellings,detached,attached or multi-family dwellings p 8-2.4(j)(20)Restaurants and food services p 8-2,4a)(21)Retail sales p 8-2.4(j)(22)Supermarkets and shopping centers p 8-2.4(j)(23) Transient vacation rentals,provided they are located within the designated Visitor Destination Areas established pursuant to Article 17 of this Chapter.These uses are prohibited in non-VDA areas p 8-2.4(j)(24)Transportation terminals and docks p 8-2.4(j)(25)Warehouses p 8-2.4(j)(26)Wholesale outlets p 8-2.4(1)(1)Animal hospitals u 8-2.4(1)(2)Bars u 8-2.4(I)(3)Botanical and zoological gardens u 8-2.4(1)(4)Commercial outdoor amusement u 8-2.4(1)(5)Communications facilities u 8-2.4(1)(6)Construction materials storage u 8-2.4(I)(7)Diversified agriculture u Notes: 1 Requirements for Additional Dwelling Units (ADU)are contained in Article 15. 2 Only produce raised or grown on the property and/or associated farm or value-added goods derived primarily from produce or livestock raised on the subject property and/or associated farm. KEY:U =Use Permit Required P =Permitted Use or Structure (Zoning Permit may be required)" V.AMENDMENT JUSTIFICATION As currently written in the Table of Uses,Section 8-2.4(j)(25)identifies warehouses in the Commercial-General Zoning District as a permissible use.However,Section 8-2.4 (1)(13) requires warehouses in the Commercial-GeneraI Zoning District to obtain a Use Permit. The proposed amendment seeks to rectify the oversight and to generally permit warehouses in the Commercial-General Zoning District as what it was intended to be. It is further noted that the purpose of the commercial zoning district,as prescribed in Article 6 of the CZO,is: a)To designate areas suitable for commercial and public or private business activities distributed so as to supply goods and services to the public in a convenient and efficient manner. ZA-2022-3 Director's Report County of Kaua'i,Planning Depaitment March 08,2022 4 |P a ge 8-2.4(1)(8)Food processing and packaging u 8-2.4(0(9)Nightclubs and cabarets u 8-2.4(1)(10)Private and public utilities and facilities u 8-2.4(1)(11)Project development in accordance with Article lOofthisChapter u 8-2.4(1)(12)Schools and day care centers u [8-2.4(1)(13)][Warehouses][U] 8-2.4(1)[(14)]_03} Any other use or stmcture which the Planning Director finds to be similar in nature to those listed in this Section and appropriate to the District u 8-2.4(u)(2) Homestay located in the Visitor Destination Area (VDA),pursuant to Article 18 of this Chapter p b)To relate commercial and business activities to established or projected transport, utility and community pattems so that they may contribute to the general health, safety and welfare of the public. c)To assure that commercial and business development and uses will not detract from the environmental qualities of the surrounding areas. VI.AGENCY COMMENTS See attached Exhibit A. VII.PRELIMINARY EVALUATION In evaluating the proposed zoning amendment,the following aspect should be taken into consideration: 1.Comprehensive Zoning Ordinance (CZO) The proposed amendment is to be evaluated pursuant to Section 8-3.4(d)of the CZO, Kaua'i County Code (KCC),as amended.The section,reads: "(d)Consideration.In considering an amendment,the Planning Commission shall consider the purposes of the existing and proposed changes to the Zoning Ordinance.A change in the Zoning Map or text shall not be made unless the change will further the public necessity and convenience and the general welfare." As Previously mentioned,the intent of the amendment is to correct the oversight in the current Table of Uses to ensure that there is consistency.Warehouses are generally a permissible use within commercial areas and would be consistent with the developments in that neighborhood. 2.General Plan The 2018 General Plan sets forth a vision,goals,and policies to guide future growth on Kaua'i.The proposed amendment is consistent with the overall vision and policies outlined in the 2018 General Plan. A.Section 1.4,entitled "Policies to Guide Growth" i.Policy #1 Manage Growth to Preserve Rural Character"- Permitting warehouses in the Commercial General Zoning District helps concentrate growth within existing towns that better preserves agriculture lands and open space. ZA-2022-3 Director's Report County of Kaua'i,Planning Department March 08,2022 5|Page ii.Policy #8:"Protect Kaua'i's Scenic beauty"-The Kauai County Code Comprehensive Zoning Ordinance 1987,as amended,outright permits Warehouses in the Commercial General Zoning District. Amending the Kauai County Code Comprehensive Zoning Ordinance 1987,as amended to rectify the oversight ofrequiring a use permit will allow warehouses to be permissible in designated areas that will ultimately protect Kaua'i's Scenic Beauty. iii.Policy #10:Help Business Thrive -The proposed legislation strengthens our town cores by promoting opportunities for small businesses,infrastmcture,and investment. B.Section 1.1.3,entitled "General Plan Framework" "Objectives and Actions by Sector-The ten sectors represent the areas that must be considered in policy implementation.Within each sector are several subsections which elaborate on more specific topics.Each subsection has an objective that details the policy direction specific to the topic.Actions are forward-looking and are organized by the implementation tool available to the County.Actions represent what is needed to move policy forward.They include code changes,updated or new plans,partnership needs,and projects." •The proposed legislation aligns with the 2018 General Plan "objectives and Actions by Sector"by updating the County Zoning Ordinance to allow warehouses in the Commercial General Table of Uses. VIII.PRELIMINARY CONCLUSION Based on the foregoing findings and evaluation,it is concluded that the proposal is reasonable and appropriate.It is also consistent with the policies and recommendations of the Kaua'i General Plan. IX.PRELMINARY RECOMMENDATION Based on the foregoing evaluation and conclusion,it is recommended that Zoninj ZA-2022-3 Director's Report County of Kaua'i,Planning Department March 08,2022 6 1 Page By KMw^- SHELEA BLACKSTAD Planner Approved &Recommended to Commission: -^feAATNX ^IUM Director ot'Planning Date:^^/.Z-T^/^^Z.^ ZA-2022-3 Director's Report County ofKaua'i,Planning Department March 08,2022 7 |P a ge //A //EXHIBIT"A (Agency Comments) cou>';'/ "22 JftN 28 'JAI :in ll.Ah?(:iiG !)L COUNTY 01''KAUA'I 1'I.ANNING DEPAKTMliN'l' 4444 KICE STREE'r,SUITE A473 LIIIU'K,11AWAI-1 96766 (808)241.4050 FROM;Kaaina S.Hlill,Director (Shelea)1/20/2022 SUBJECT:<.ZonlilgAmendilK;ntZA-2022-3^ Cok,Plaiining Department,Applicant TO: FOR YOUR COMMENTS (pertaining to yoiir departinent): CT^^s ^o ^f^cn.Co^^^^<orJ ^Hvt •^^'^6^' ^I^^H \.yi-'io-a--S- Tliis niattcr is schcclulcd for a public hearing bcfore thc County of Kiiuai Planning Coniinission on 3/8/2022 at thc Liluie Civic Center,Moikeha Uuildiiig,Meetiiig Rooin 2A-2B,4444 Ricc Street, Liluie,Kaiiai,at 9:00 ain or sooii thereafter.If we (lo not receive yoiir agency coinmcnts wilhiii one (1 ) nioiitti froin tlic d;ite of this requcst,we wjll assiime that thcrc ;u'e no objcction.s to ttiis pennit request. Mahalo! ~u Dcparlinent ofTraiisportalioii -STP x DPW-Engineering~a_ DOT-Higliway,Kauai(iiifo oiily) ~a DPW-Wastcwater"n DOT-Airports,Kauai (info only) ~D DPW-Builcling~0_ DOT-Harbois,Kauai (info only) 'u DPW-SolidWastc State Departmenl of Health s Department of Parks &Recrcation~a State Depni-tment ofAgriculture ~w Fire-Departnient~0_ State Office ofPlanning x County Housiiig-Agency~a' Statc Dept.ofBus.&Econ.Dcv.Tourism ~D County Economic Developmenl'u Staie Land Use Comniission ~0 KHPRC-a: Statc Hislofic Preservation Division Water Dcpanment T[~0_DLNR-Laiid Management ~D Kaua'i Civil Defcnse DLNR-Foresly &Wildlife -D~ U.S.Postal Department-a: DLNR-Aqu.uic Resoiirces IT LIH Sea GrantsDLNR-OCCL n^wntyiTransportationAgency^~a Other: COUNTY OF KAUA'l PLANNING DEPARTMENT 4444 RICE STREET,SUITE A473 LlHU'E,HAWAI'I 96766 (808)241.4050 FROM:Kaaina S.Hull,Director (Shelea)1/20/2022 SUBJECT: TO: Zoning Amendment ZA-2022-3,,? Cok,Planning Department,Applicant u Department of Transportation -STP DPW-Eng i neer i ngaDOT-Highway,Kauai(info only)D DPW-Wastewater D DOT-Airports,Kauai (info only)D DPW-BuildingaDOT-Harbors,Kauai (info only)D DPW-SolidWaste State Departmcnt of Health Department of Parks &Recreation a State Department ofAgriculture Fire-Department j State Office of Planning County Housing-Agency Statc Dept.of Bus.&Econ.Dev.Tourism County Economic Development D State Land Use Commission a KHPRC a State Historic Preservation Division Water Department a DLNR-Land Management Kaua'i Civil DefenseaDLNR-Foresty &Wildlife a U.S.Postal Dcpartment a DLNR-Aquatic Resources UH Sea_Grant D DLNR-OCCL County Transportation Agency D Other: FOR YOUR COMMENTS (pertaining to your department): No cominents or concerns from Fire This matter is scheduled for a public hearing before the County of Kauai Planning Commission on 3/8/2022 at the Lihue Civic Center,Moikeha Building,Meeting Room 2A-2B,4444 Rice Street, Lihue,Kauai,at 9:00 am or soon thereafter.If we do not receive your agency comments within one (1 ) month from the date of this request,we will assume that there are no objections to this permit request. Mahalo! ORDINANCE N0.BILL N0. A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUA'I COUNTY CODE 1987,AS AMENDED,RELATING TO APPLICATION OF REGULATIONS SECTION 1.Findings and Purpose.The Councii finds that the Condominium Property Regime process for vacant or open lands has in the past created confusion and antagonistic and litigative actions between property owners as well as property owners and the County ofKaua'i, particularly around the ability for landowners to propose that a respective property have individual CPR units that do not qualify for any dwelling units. The Council also finds that Hawai'i Revised Statutes,Section 514B-5 specifies,"Any condominium property regime established under this chapter shall conform to the existing underlying county zoning for the property and all applicable county permitting requirements adopted by the county in which the property is located,including any supplemental rules adopted by the county,pursuant to section 514B-6,to ensure the conformance of condominium property regimes to the purposes and provisions ofcounty zoning and development ordinances..." With this provision,and by practice,the Planning Department generally informs the Hawai'i Real Estate Commission that CPR proposals that exceed their respective properties' dwelling unit density do not conform to the existing underlying zoning. The purpose ofthis ordinance is to amend the Comprehensive Zoning Ordinance to explicitly reflect that condominium property regime dwelling unit density allocations align with the respective zoning district density unit allocations. SECTION 2.Chapter 8,Article 1,Kaua'i County Code 1987,as amended is hereby amended by amending Sec.8-1.4,to read as follows: (a)For the purposes ofthis Chapter,the County ofKaua'i shall include the districts of Waimea,Koloa,LThu'e,Kawaihau and Hanalei as described in Sec.4-1(4),H.R.S. (b)Unless otherwise expressly prohibited by law,the provisions ofthis Chapter shall apply to all areas within the County boundaries. (c)In administering and applying the provisions ofthis Chapter,unless otherwise stated, they shall be held to be the minimum requirements necessary to accomplish the purpose of this Chapter. (d)For parcels containing multiple zoning designations,each designation shall be considered individually in applying the standards ofthis Chapter,with the exception that any lot or parcel located in the State Land Use Commission Agricultural District and containing fifty (50)acres or more in the County Open District shall be considered together with the County Agriculture District for the purpose of determining parcel acreage to apply subdivision standards. (e)Nothing in this Chapter shall regulate the placement,design and construction ofutility poles,towers and transmission lines by a public utility company as defined in Sec.269-1, H.R.S.,provided,that the poles and towers shall be no higher than twenty (20)feet above the height limits for structures applicable in the Use District in which the poles and towers are constructed. (f)Nothing in this Chapter shall regulate the minimum size of lots in a subdivision which are to be used for govemment or public utility facilities.The creation ofsuch lots shall be in compliance with the provisions ofChapter 9,County Subdivision Ordinance,ofthe Code. (g)Nothing in this Chapter shall prohibit the use offactory built housing or trailer homes as permitted dwellings,buildings or structures for the purpose ofhuman habitation or occupancy within the various Use Districts provided that all such factory built housing and trailer homes must first: (1)Meet all applicable development standards,density limitation and other such requirements for the particular Use District; (2)Be permanently afExed to the ground; (3)Have had their wheels and axles,ifany,removed; (4)If licensed pursuant to Hawai'i Revised Statutes Chapter 249,have been registered as a stored vehicle in accordance with Hawai'i Revised Statutes Sec. 249-5; (5)Meet the standards and requirements contained in Sec.12-4.4 ofChapter 12, Building Code;and (6)Meet all other applicable govemmental rules,regulations,ordinances,statutes and laws. (h)Recreational trailers may be used as temporary dwellings for travel,recreational or vacation purposes in accordance with Chapter 16 (Recreational Trailer Camps)ofTitle 11, Administrative Rules,Department ofHealth,State ofHawai'i,or any other State or County laws,ordinances or mles relating to the use ofpublic or private lands,parks or camp grounds for camping or recreational purposes.Except as provided herein,no recreational trailer shall be used as a dwelling or building for the purpose ofhuman habitation or occupancy.(Ord. No.935,November 14,2012) (i)For proposed Condominium Propertv Regime ('CPR)proiects.the condominium project shall not exceed the number ofdwelling units that the proiect site is entitled tojmder the density standards established in the respective zoning district chapter.Each individual CPR unit shall oualify for at lease one dwelling unit. Ka'aina S.Hull Director ofPlanning Jodi A.Higuchi Sayegusa Deputy Dircctor ofPlanning I.SUMMARY Action Required by Planning Commission: Permit Application No. Name ofApplicant(s): COUNTY OF KAUA'I PLANNING DEPARTMENT DIRECTOR'S REPORT Consideration ofa Bill for an Ordinance to amend Chapter 8, Kaua'i County Code,as amended,relating to the Comprehensive Zoning Ordinance (CZO). Zoning Amendment ZA-2022-4 COUNTY OF KAUA-I,PLANNING DEPARTMENT II.PERMIT INFORMATION III.LEGAL REQUIREMENTS ^t*-.0.1 MAR O 8 2022 V:\2022 Master Files\Amendments\Zoning\ZA-2022-4 CPR Oensity\Reports\Report-l 03.08.2022_ZA-2022-4 CPR Density.docx AMENDMENTS 15<]Zoning Amendment Pursuant to K.CC Section 8-3.4(a),as amended,a Zoning Amendment is necessary when changing the text whenever the public necessity and convenience and the general welfare require an amendment. General Plan Amendment Community Plan Amendment Q State Land Use District Amendment KCC Section 8-3.4 Public Hearing Date:March 8,2022 Date ofPublication:February 4,2022 Date ofDirector s Report:February 15,2022 IV.DESCRIPT10NOFTHEAMENDMENT The proposed bill for an ordinance is being initiated by the County ofKaua'i Planning Department and is hereby submitted to the Planning Commission for review and approval. The purpose ofthis legislation (Bill No.to be determined)is to amend Section 8-1.4 ot the Comprehensive Zoning Ordinance (CZO)relating to the Application ofRegulations and more specifically,density standards involving parcels that have been partitioned through the Condominium Property Regime (CPR)process,pursuant to Chapter 514B ofthe Hawaii Revised Statutes. The amendment adds new language to Section 8-1.4 that would read: (i)For proposed Condominium Property Regime (CPR)projects,the condominium project shall not exceed the number ofdwelling units that the project site is entitled to under the density standards established in the respective zoning district chapter. Each individual CPR unit shall qualify for at least one dwelling unit. V.AMENDMENT JUSTIFICAT10N The proposed legislation will regulate the number ofCPR units created in a Condominium Property Regime project based on the number ofdwelling units that the project site is entitled to through the density standards established in the respective zoning district ofthe CZO.Currently,there is no language in the Kauai County Code that provides a nexus between the number ofCPR units created in a CPR project and the density standards that are outlined in the CZO.Condominium Property Regimes are created through and regulated by the State ofHawaii,Department ofCommerce and Consumer Affairs (DCCA),Real Estate Branch.Likewise,the underlying land ofa CPR project is regulated by the County of Kauai through County zoning ordinances and land use regulations. Subsequently,there is no language in the Kauai County Code that regulates the number of CPR units within a project as it relates to the permissible density ofthe parcel.As a result, there is a potential that the number of CPR units exceeds the permissible density of the property;a CPR project could be partitioned into units that could be greater than the maximum density.As proposed,the legislation would implement a County regulatory standard that restricts the number ofCPR units for a CPR project such that the number of CPR units would be consistent with the allowable density ofa project site and does not exceed the maximum allowable density.Further,the proposed legislation ensures that each individual CPR unit will qualify for at least one dwelling unit since it would be consistent with the density standard established by the CZO. VI.AGENCY COMMENTS See attached Exhibit A. 2 1 P age 7.A-2022-4 CPR Dcnsitv County ofKaua'i,Planning Department March 8,2022 VII.FINDINGS 1.Havvaii Revised Statutes (HRS)Chapter 514B,entitled "Condominiums" A.Section 514B-3 entitled "Definitions"specifies: 1)"Condominium means real estate,portions ofwhich are designated for separate ownership and the remainder ofwhich is designated for common ownership solely by the owners ofthose portions.Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners. 2)"Project"means a real estate condominium project;a plan or project whereby a condominium oftwo or more units located within the condominium property regime are created. 3)"Property"means the land,whether or not contiguous and including more than one parcel ofland,but located within the same vicinity,the building or buildings,all improvements and all structures thereon,and all easements,rights, and appurtenances intended for use in connection with the condominium,which have been or are intended to be submitted to the regime established by this chapter."Property"includes parcels with or without upper or lower boundaries, and spaces that may be filled with air or water. 4)"Unit"means a physical or spatial portion ofthe condominium designated for separate ownership or occupancy,the boundaries of which are described in the declaration or pursuant to section 514B-35,with an exit to a public road or to a common element leading to a public road. B.Section 514B-5 entitled "Conformance with county land use laws"reads: Any condominium property regime established under this chapter shall conform to the existing underlying county zoning for the property and all applicable county permitting requirements adopted by the county in which the property is located, including any supplemental rules adopted by the county,pursuant to section 514B-6,to ensure the conformance ofcondominium property regimes to the purposes and provisions ofcounty zoning and development ordinances and chapter 205,including section 205-4.6 where applicable.In the case ofa property which includes one or more existing structures being converted to condominium status,the condominium property regime shall comply with section 514B-32(a)(13)or 514B-84(a)." ZA-2022-4 CPR Densitv County ofKaua'i,Planning DepaHmcnt Milrch 8,2022 3|Page 2.Chapter S^Comprehensive Zoning Ordinance ofthe Kauai County Code A.Section 8-1.0 entitled "Purpose ofChapter"reads: "The purpose ofthis Chapter is to provide regulations and standards for land development and the construction ofbuildings and other structures in the County of Kaua'i.By utilizing the findings and analysis ofthe County General Plan,this Chapter establishes several land districts and delineates the respective types of permitted uses and development that can take place in those districts.The regulations and standards prescribed by this Chapter are intended to promote development that is compatible with the Island's scenic beauty and environment and to preclude inadequate,harmful or disruptive conditions that may prove detrimental to the social and economic well being ofthe residents ofKaua'i." B.Section 8-1.2 entitled Purpose"specifies: This chapter is adopted for the purpose of: (b)Regulating the use ofbuildings,structures and land for different purposes. C.Section 8-1.5 entitled "Definitions"specifies: 1)"Density"means the number ofdwelling units allowed on a particular unit of land area. 2)"Dwelling"means a building or portion thereofdesigned or used exclusively for residential occupancy and having all necessary facilities for pennanent residency such as living,sleeping,cooking,eating and sanitation. 3)"Dwelling Unit"means any building or any portion thereofwhich is designed or intended for occupancy by one (1)family or persons living together or by a person living alone and providing complete living facilities,within the unit for sleeping,recreation,eating and sanitary facilities,including installed equipment for only one (1)kitchen. VIII.PRELIMINARY EVALUATION In evaluating the proposed zoning amendment,the following aspect should be taken into consideration: The proposed request is to be evaluated pursuant to Section 8-3.4(d)ofthe Kauai County Code,as amended,relating to the consideration ofa proposed amendment and it reads: "(d)Consideration.In considering an amendment,the Planning Commission shall consider the purposes ofthe existing and proposed changes to the Zoning Ordinance.A change in the Zoning Map or text shall not be made 4 1 P age ZA-2022-4 CPR Density County ofKaua'i,Pianning Repartment Maich 8,2022 unless the change wil]turther the public necessity and convenience and the general welfare." The proposed legislation will promote the public necessity and convenience and the general welfare by implementing a County regulatory standard that will ensure that all CPR units within a CPR project qualify for at least one dwelling unit. 1.Kauai County 2018 General Plan A.The proposed legislation aligns with the 2018 General Plan as the Comprehensive Zoning Ordinance falls under "development standards"in the hierarchical system shown in Figure 1-1 entitled "County Planning System".Development standards play a key role in the future growth ofKauai as they translate policies into specific terms,such as permissible uses,building heights and other requirements. B.Section 1.1.2 entitled "County Planning System"reads: "Regulatory Ordinances and Administrative Rules including the Comprehensive Zoning Ordinance (CZO),the Special Management Area (SMA)Rules,and the Subdivision Ordinance,set standards for land uses,as well as procedures and criteria for deciding discretionary permits.The CZO and other land use regulations elaborate on General Plan and community plan policies (both maps and text)into specific terms,such as permissible uses, building heights,and other requirements. C.Section 1.4 entitled "Policies to Guide Growth" 1)Policy #19 entitled "Communicate with Aloha Kaua'i"states: "Residents care about planning and decision making.Govemment must share information,encourage input,improve public processes,and be responsive." •The proposed legislation will improve the public process as it will provide consistency between CPR projects and County zoning laws with relation to density standards. IX.PRELIMINARY CONCLUSION Based on the foregoing findings and evaluation,it is concluded that the proposed amendment to Section 8-1.4 ofthe Kaua'i County Code (1987),as amended,is reasonable and appropriate. 51Page ZA-2022-4 CPR Densitv County ofKaua'i,Planning Department Maich 8,2022 X.PRELIM1NARY RECOMMENDATION Based on the foregoing evaluation and explanations above,it is recommended that Zoning Amendment ZA-2022-4 be approved. 'Kenneth A.Estes Planner Approved &Recommended to Commission: Director of Plaitning Date:'2- /'"^ l^t--^-l^Jl ZA-2022-4 CPR Densit) County ofKaua'i,Planning Department March 8,2022 6 1 P age //A //EXHIBIT"A (AGENCYCOMMENTS) COUNTY OF KAUA'I PLANNING DEPARTMENT 4444 RICE STREET,SUITE A473 LlHU'E,HAWAl'I 96766 (S08)241.4050 FROM:Kaaina S.Hull,Director (Kenneth)1/20/2022 SUBJECT:,Zoning Amendment ZA-2022-4;f Cok,Planning Department,Applicant TO: FOR YOUR COMMENTS (pertaining to your department): No comments or concerns from fire This matter is scheduled for a public hearing before the County of Kauai Planning Commission on 3/8/2022 at the Lihue Civic Center,Moikeha Building,Meeting Room 2A-2B,4444 Rice Street, Lihue,Kauai,at 9:00 am or soon thereafter.If we do not receive your agency comments within one (1) month from the date of this request,we will assume that there are no objections to this permit request. Mahalo! 3:Department of Transportation -STP ~K DPW-Engineering'a" DOT-Highway,Kauai(info only)s DPW-Wastewater'n DOT-Airports,Kauai (info only)s DPW-Building'D" DOT-Harbors,Kauai (info only)DPW-SolidWaste~s State Department of Health ~a Department of Parks &Recreation'a' State Department of Agriculture w Pire-Department^ 2:State Office of PIanning s County Housing-AgencysStateDept.of Bus.&Econ.Dev.Tourism s"County Economic Development'H State Land Use Commission ~D KHPRC~D State Historic Preservation Division ~w Water DepartmentsDLNR-Land Management s Kaua'i Civil Defense-D- DLNR-Foresty &Wildlife -D~ U.S.Postal Depanment TT DLNR-Aquatic Resources "u UH_Sea_Orant~D DLNR-OCCL ~M County Transportation Agency~D Other: C0()l;rv n-'/•'1^| '22 JAN 2fi F'):;-.i COUNTYOFKAUA'I PI.ANNING DEPARTMENT 'uil;,;r n;:[4(144 RICESTREET,St)ITEA473LIHU'E,IIAVVAn 96766-"nrl"'"Jl-'r-r '• (808)241.4050 FROM:Kaaina S.HuII,Director SUBJECT: (Keiineth)1/20/2022 Amendment ZA-2022-4J Cok,Planning Departinent,Applicant TO: FOR YOUR COMMENTS (pertaining to your department): CTA ^\6 h*<'^^TK'-'ft.CP^^£VJT w 'w-^^A'UBP-. ^<\M(».<.^ l >a7.'z^'a-'a- This mattcr i.s scheduled for a public hearing before the County of Kauai Planning Commission on 3/8/2022 at the Lihue Civic Center,Moikeha Building,Meeting Room 2A-2B,4444 Rice Streel, Lihue,Kauai,at 9:00 ain or soon thereafter.If we do not receive your agency comments within one (1 ) month from the date of this requcsl.,we will a.ssume thal there are no objections lo this permit request. Mahalo! u Department ofTransportation -STP ~s DPW-Engineering~0 DOT-Highway,Kauai(info only)u DPW-Wastewater DOT-Airports,Kauai (info only) 'u' DPW-BuildingsDOT-Harbors,Kauai (info only) ~u DPW-SolidWaste~M State Department of Health 'D Department of Parks &RecreationsStateDepartmentofAgriculture ~s Fire-Depanment~n State Office of Planning County Housing-AgencysStateDept.of Bus.&Econ.Dev.Tourism "D County Economic DevelopmentsStateLandUseCommissionTTKHPRCsStateHistoricPreservationDivision ~w Water Department~D DLNR-Land Management "D: Kaua'i Civil Defense~n DLNR-Foresty &Wildlife ~D- U.S.Postal DepartmentsDLNR-Aquatic Resources "D: UH_Sea_Orant~n DLNR-OCCL i 12SI LounlyTranspoHationAgencyf"CT Other: EXHIBIT'B" (DRAFT BILL) ORD1NANCE N0.BILL N0. A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8, KAUA'I COUNTY CODE 1987,AS AMENDED,RELATING TO APPL1CATION OF REGULATIONS SECTION 1.Findings and Purpose.The Council finds that the Condominium Property Regime process for vacant or open lands has in the past created confusion and antagonistic and litigative actions between property owners as well as property owners and the County ofKaua'i, particularly around the ability for landowners to propose that a respective property have individual CPR units that do not qualify for any dwelling units. The Council also finds that Hawai'i Revised Statutes,Section 514B-5 specifies,"Any condominium property regime established under this chapter shall conform to the existing underlying county zoning for the property and all applicable county permitting requirements adopted by the county in which the property is located,including any supplemental rules adopted by the county,pursuant to section 514B-6,to ensure the conformance ofcondominium property regimes to the puiposes and provisions ofcounty zoning and development ordinances..." With this provision,and by practice,the Planning Department generally informs the Hawai i Real Estate Commission that CPR proposals that exceed their respective properties' dwelling unit density do not conform to the existing underlying zoning. The purpose ofthis ordinance is to amend the Comprehensive Zoning Ordinance to explicitly reflect that condominium property regime dwelling unit density allocations align with the respective zoning district density unit allocations. SECTION 2.Chapter 8,Article 1,Kaua'i County Code 1 987,as amended is hereby amended by amending Sec.8-1.4,to read as follows: (a)For the purposes ofthis Chapter,the County of Kaua'i shall include the districts of Waimea,Koloa,LIhu'e,Kawaihau and Hanalei as described in Sec.4-1(4),H.R.S. (b)Unless otherwise expressly prohibited by law,the provisions ofthis Chapter shall apply to all areas within the County boundaries. (c)[n administering and applying the provisions ofthis Chapter,unless otherwise stated, they shall be held to be the minimum requirements necessar)'to accomplish the purpose ot' this Chapter. (d)For parcels containing multiple zoning designations,each designation shall be considered individually in applying the standards ofthis Chapter,with the exception that any lot or parcel located in the State Land Use Commission Agricultural District and containing fifty (50)acres or more in the County Open District shall be considered together with the County Agriculture District for the purpose ofdetermining parcel acreage to apply subdivision standards. (e)Nothing in this Chapter shall regulate the placement,design and construction ofutility poles,toivers and transmission lines by a public utility company as defined in Sec.269-1, H.R.S.,provided,that the poles and towers shall be no higher than twenty (20)feet above the height limits for structures applicable in the Use District in which the poles and toivers are constructed. (O Nothing in this Chapter shall regulate the minimum size oflots in a subdivision which are to be used for govemment or public utility facilities.The creation ofsuch lots shall be in compliance with the provisions ofChapter 9,County Subdivision Ordinance,ofthe Code. (g)Nothing in this Chapter shall prohibit the use of factory built housing or trailer homes as permitted dwellings,buildings or structures for the purpose ofhuman habitation or occupancy within the various Use Districts provided that all such tactory built housing and trailer homes must first: (1)Meet all applicable development standards,density limitation and other such requirements for the particular Use District; (2)Be permanently affixed to the ground; (3)Have had their wheels and axles,ifany,removed; (4)Iflicensed pursuant to Havvai'i Revised Statutes Chapter 249,have been registered as a stored vehicle in accordance with Havvai'i Revised Statutes Sec. 249-5; (5)Meet the standards and requirements contained in Sec.12-4.4 ofChapter 12, Building Code;and (6)Meet all other applicable govemmental rules,regulations,ordinances,statutes and laws. (h)Recreational trailers may be used as temporary dwellings for travel,recreational or vacation purposes in accordance with Chapter 16 (Recreational Trailer Camps)ofTitle 11, Administrative Rules,Department ofHealth,State ofHawai'i,or any other State or County laws,ordinances or rules relating to the use ofpublic or private lands,parks or camp grounds for camping or recreational purposes.Except as provided herein,no recreational trailer shall be used as a dwelling or building for the purpose ofhuman habitation or occupancy.(Ord. No.935,Novemberl4,2012) (i)For proposed Condominium Property Reeime CCPR)proiects.the condominium project shall not exceed the number ofdwelline units that the proiect site is entitled to under the density standards established in the respective zonine district chapter.Each individual CPR unit shall qualifv for at lease one dwelling unit. DEPARTMENT OF PLANNING KA'AINA HULL,DIRECTOR JODI A.HIGUCHI SAYEGUSA,DEPUTY DIRECTOR DEREK S.K.KAWAKAMI,MAYOR MICHAELA.DAHILIG,MANAG1NG DIRECTOR DIRECTOR'S REPORT SUMMARY Action Required by Planning Commission: Consideration of Applicant's request to amend Condition No.2 to allow the operator to conduct tours with no capacity restrictions. Permit Application Nos. Name ofApplicant(s) Class IV Zoning Permit Z-IV-2015-10 Use Permit U-2015-9 Special Permit SP-2015-1 Steelgrass Farm,LLC. II.PERMIT INFORMATION Use Permit PursuanttoSection 8-2.4 of theKCC,1987,as amended,a Use Permit is required to operate commercial tours in the Agriculture (A)zoning district. I1 Project Development Use Permit [1 Variance Permit Special Permit Pursuant to Section 205 of the Hawai'i Revised Statutes (HRS)and Chapter 13 of the Rules of Practice and Procedures ofthe Planning Commission,a Special Permit is required for a use in the State Land Use Agricultural (A) District that is not a permissible use as set forth in Chapter 205oftheHRS. Zoning Permit Class Kl IV D iii Pursuant to Section 8-4.7 of the KCC,1987,as amended,a Class IV Zoning Permit is a procedural requirement for obtaining a Use Permit in the Agriculture (A)zoning district. I1 Special Management Area Permit Use QlVlinor AMENDMENTS X 1.0 8 Date of Receipt of Completed N/A Application: Date of Director's Report:MARCH 22,2022 Date of Public Hearing:MARCH 8,2022 Deadline Date for PC to Take Action N/A (60THDay): PROJECT DATA PROlBHBlNFORKIiffiliN Parcel Location:The subject property is located at 5730 Olohena Road in Kapa'a Homesteads. Tax Map Key(s):4-4-003:045 Area:8.56 acres of 23.518 acre parcel ZONING &DEVELOPMENTSTANDARDS Zoning:Agriculture (A)/0pen (0) State Land Use District:Agricultural General Plan Designation:Agriculture (A) Height Limit:50 feet Max.Land Coverage:60%oflot area/10%of lot Coverage Parking Requirement:12 designated off-street parking stalls Front Setback:10 feet Rear Setback:10 feet Side Setback:Sfeet Community Plan Area:East Kaua'i Community Plan Community Plan Land Use Designation:Agriculture Deviations orVariances Requested;N/A IV.LEGAL REQUIREMENTS Section 8-3.1[f),KCC:Not Applicable Plannjng CommjssioniDate:IVIARCH 8,2022 2 1 P age Z-IV-2015-10.U-2015-9,SP-2015-I;Director'a Rcport (2nd Aracndmmt Rcqucst) Steelgrass FaiTtis,LLC. February 22,2022 Zoning Amendment I1 General Plan Amendment I1 State Land Use District Amendment V.PROJECT DESCRIPTION AND USE The purpose of the Commercial Agriculture tours is to educate the public,both local residents and visitors,about the health benefits of the cultivated crops on the subject property.As previously represented,the tour consist of a three-hour lecture/tour,during which participants are informed ofthe agricultural history ofKaua'i and ofthe subject property. VI.APPLICANT'S REASONS/JUSTIFICATION REQUEST: Under the subject permits,the Applicant was granted approval for Commercial Agriculture tours on the Subject Property.Condition Number 2 of the Planning Commission's Conditions of Approval (refer to Exhibit 'B')states the following: "The agriculture commercial tours shall be limited to no more thanfive (5) days per week,with no more than twenty-five (25)paying participants per tour and the hours ofoperation shall befrom 8:00am to 6:00pm." The Applicant is requesting to amend the condition to eliminate the restriction concerning the number of patrons for each tour and revise its hours of operation from 8:00 am to 6:00 pm to 8:00 am to 4:00 pm. Please refer to Applicant's correspondence dated November 10,2021 for further justification (Exhibit "A"). VII.ADDITIONAL FINDINGS 1.Site Information/Characteristics The subject parcel is surrounded by properties located within the State Agricultural Land Use District,as well as the County of Kaua'i Agriculture (A)&Open (0)zoning districts. 2.Existing Land Use Permits_&Permit History The following information represents land use approvals/permits associated with the subject property: o Class IV Zoning Permit Z-IV-2016-19,and Use Permit U-2016-16.This application received approval by the Planning Commission on June 30, 2016 to allow construction of three (3)farm worker homes. o July 2017,the Applicant requested to Condition No.2 to allow two (2) Z-IV-2015-10,U-2015-9,SP-2015-1;Director's Report (2nd Amcndmcnt Reqiieat) Steelgrass Fanns,LLC. Fcbruary 22,2022 3 |Page additional tours on the subject parcel and it was subsequently approved by the Planning Commission. VIII.TENTATIVE PRELIMINARY EVALUATION In evaluating the Applicant s request to amend Condition No.2 of the subject permits to allow the operator to conduct tours with no capacity restrictions,the following items are considered: 1.Use Permit Article 20 of the Comprehensive Zoning Ordinance (CZO),Chapter 8 of the Kaua'i County Code (1987),the purpose of the Use Permit procedure is to assure the proper integration into the community of uses which may be suitable only in specific locations of a district,or only under certain conditions,or only if the uses are designed,arranged or conducted in a particular manner,and to prohibit the uses if proper inte.gration cannot be assured.Section 8-3.2 ofthe CZO specifies a Use Permit may be granted only if the Planning Commission finds that the use meets the following criteria: a.The use must be a compatible use; b.The use must not be detrimental to persons or property in the area; c.The use must not cause substantial environmental consequences;and d.The use must not be inconsistent with the intent of the Comprehensive Zoning Ordinance (CZO)and General Plan. o The Applicant has been operating for approximately 7 years now and continues to demonstrate its compatibility with the surrounding neighborhood. o To date,the Department has not received any complaints generated by this operation. o o The tour operations does not inhibit the current or future ability to pursue agriculture activities on the parcel. The commercial tours have not been a detriment to the health,safety, peace,morals,comfort,and general welfare of persons residing or working in thesurrounding area,and should not eause any substantial harmful environmental consequences. Z-IV-2015-10,U-2015-9,SP-2015-1:Director's Rcpon (2nd Amcndmcnt Rcquest) Steelgrass Fanns,LLC. Fcbniary 22,2022 4|Page 2.Special Permit a.Pursuant to Chapter 205 of the Hawai'i Revised Statutes (HRS)and Chapter 13 of the Planning Commission Rules of Practice and Procedures,a SPECIAL PERIVIIT may be approved under such protective restrictions that may be deemed necessary if the Commission finds that the proposed use is an unusual and reasonable use of land situated within the State Land Use Agricultural District,and that the use would promote the effectiveness and objectives of Chapter 205,HRS.The Planning Commission shall consider the following guidelines in determining unusual and reasonable use: 1)Such use shall not be contrary to the objectives sought to be accomplished by Chapters 205 and 205A of the Hawai'i Revised Statutes (HRS),and rules of the State Land Use Commission; o The commercial tours intend to sustain and promote agriculture by educating their guests on the past and present history of agriculture on Kaua'i. 2)The desired use would not adversely affect the surrounding property; o Operation ofthe commercial tours have not created adverse noise, dust,sound,or other impacts that could adversely affect surrounding property. 3)The use would not unreasonably burden public agencies to provide roads and streets,sewers,water drainage,school improvements,and police and fire protection; o The current and proposed use will utilize existing roadways; o Fire and police protection may be required during emergencies; however,such use is not anticipated to overburden the Fire Department or Police Department. 4)Unusual conditions,trends and needs have arisen since the district boundaries and rules were established;and o Over time,tourism has replaced agriculture as the primary engine of economic activity for Kaua'i and the State of Hawai'i at large.However, there is a clear need to preserve certain agricultural lands for farming activities. Though the use is generally permitted,the Applicant should continue to institute "Best 5|Page Z-IV-2015-10,U-2015-9,SP-2015-1.Directol'8 Rcport (2nd Amcndmcnt Requcst) Steelgrass Farms,LLC, Febmary 22,2022 Management Practices"to ensure that the operation ofthis facility does not generate impactsthat mayaffectthe health,safety,and welfare ofthose in the surrounding area of the proposal.To that end,the Department recommends that the project be monitored for a period oftwo (2)years from the date the amendment,ifapproved.In that time,the Department shall record any grievances relating to the project,if any. Within two (2)years ofthe amendment,ifapproved,the project-shall-be revisited by the Planning Commission.Ifthere are no grievances,the Applicant may be allowed to continue to operate with no patron limitations;however,additional mitigation measures may be imposed to address any issues.If the commercial agricultural tour results in impacts to the surrounding neighborhood (e.g.,traffic,noise,etc.)due to the removal of the maximum number of patrons per tour,the Planning Commission may consider requiring the tour operation to revert back to a maximum of 25 patrons per tour as originally conditioned. Traffic -In the past and more recently,the Applicant has contacted the neighbors in the surrounding area and majority remain in support ofthe project.As previously represented,the intervals on which tour guest arrive on the subject property is on weekdays,between the hours of 8:30am and 9:00am,and 12:00pm and 12:30pm.In the previous permit amendment,the Applicant observed the traffic conditions and provided Department ofTransportation studies that established baseline figures,also known as the AADT (annual average daily traffic).On average (per tour),there were 10 passenger cars (coming and going),resulting in a total of 20 trips per day,or 100 trips perweek. Agencv Comments -The Applicant should resolve and comply with allagency requirements as recommended in the permit application review,including but not limited to the emergency plan requirements as imposed by the County Fire Department, and wastewater requirements for the State Department of Health (DOH). IX.PRELIMINARY CONCLUSION It is concluded that through proper mitigation measures,the proposed amendment to Special Permit SP-2015-1,Use Permit U-2015-9 and Class IV Zoning Permit Z-IV-2015-10 may be granted.As conditioned,operation of the Commercial Agriculture Tour should not have any detrimental impact to the environment or person and property in the area and would be considered a compatible use.Furthermore,it is consistent with the criteria outlinedforthegrantingofa Use Permitto ChapterS ofthe Kaua'i CountyCode,as amended. Additionally,the Applicant should institute the "Best Management Practices"to insure that the operation does not generate impacts that may affect the health,safety,and welfare of those in the surrounding area of the proposal. Z-IV-2015-10,U-2015-9,SP-2015-l;Director'sReport (2nd AmmdmentRequest) Steelgrass Farms,LLC. Febmary 22,2022 6 |P a ge X.PRELMINARY RECOMMENDATION It is recommended that the Commission approve the proposed amendment to Condition No.2 that would eliminate the restriction concerning the number of patrons for each tour and revise its hours of operation.In addition,the department is recommending a new condition (Condition No.10)that requires monitoring of the project.As such,Condition No.2 of Class IV Zoning Permit Z-IV-2015-10,Use Permit U-2015-9,and Special Permit SP- 2015-1 be amended to read as follows: 2.The agriculture commercial tours shall be limited to no more than five (5)days per week[,with no moro than twcnty fivQ (25)paying participonts por tour]and the hours of operation shall be from 8:00am to 4:00 [fe8e]pm. 10.The projectshall be monitoredfor a period oftwo (2)yearsfrom the date that the amendment is approved.In that time,the Department shall record any grievances related to the project,if any.Within the 2-year period,the project shall be revisited by the Planning Commission.Ifthere are no grievances,the Applicant may be allowed to continue to operate with no patron limitation; however,additional mitigation measures may be imposed to address any issues or impacts,if any.If project results in impacts to the surrounding neighborhood due to the removal of the maximum number of patrons pertour,the Planning Commission may consider requiring the tour operation to revert back to a maximum of 25 patrons per tour as originally conditioned. In addition,the Applicant is advised that all applicable conditions of approval shall remain in effect. *NOTE:Material to be deleted in brackets &strikethrough,and new material is underlined. DALE A. Planner Approved &Recommended to Commission: Z-IV-2015-10,U-2015-9,SP-2015-1;Director's Rcport (2nd Amendment Rcqucat) Steelgrass Fanns,LLC. Febmary 22,2022 7|Page By s^for KA'AINAS.HULL Director of Planning Date:2-24-2022 Z-IV-20I5-10,U-2015-9,SP-20I5-1;Director's Rcport (2nd Amcndmcnt Rcqucst) Steelgrass Farms,LLC. February 22,2022 8|Page ((A //EXHIBIT"A" (Applicanfs Correspondence) KAUAI CHOCOLATE November 1Qth,2021 TO: Planning Commission County ofKauai 4444 Rice Street Lihue,Hl,96766 FROM: Will Lydgate Lydgate Farms PO Box 68 Kapaa,HI,96746 (808)635-2095 wlydgate@gmail.com RE:Steelgrass Farm,LLC.,DBA Lydgate Farms 5730 Olohena Road,Kapaa Zoning:Agricultural TMK (4)4-4-03-045:003 Petition to Modify Class IV Zoning Permit Z-IV-2015-10 Use Permit U-2015-9 Special Permit SP-2015-1 Granted on February 24th,2015 Amended on August 8th 2017 PROJECT SlTE: Steelgrass Farm,LLC.DBA Lydgate Farms (referred to as Lydgate Farms hereafter}\s a working farm that grows cacao trees,vanilla vines,honey,and coffee.Lydgate Farms turns agricultural products into value-added products and sells them directlyto customers from our farm location,online,and to select retailers on Kauai.Lydgate Farms also conducts a farm tour.Farm tours and value-added sales of products occur at 5730 Olohena Road,Kapaa,Hl,96746 TMK (4)4-4-03-045:003.Our farm is located in the back left corner ofthe Lydgate Rise subdivision and is accessed via a 30'easement that is paved with concrete for 1000 feet and compressed gravel the remaining 500 feet approach to the farm.Our farm parcel is 8.56 acres and is under an agricultural dedication.It is owned and managed by fifth-generation Kauai kamaaina Wlll Lydgate and a team often staff:three who run the tours and giftshop,five who run the farm,and two who oversee the online store and marketing. PERMITS FOR AG-TOURISM AT LYDGATE FARMS Special Permit SP-2015-1,Use Permit U-2015-9 and Class IV Zoning Permit Z-IV-2015-10 were granted to us on February 24th,2015,and amended bythe planning commission August 8th,2017.They currently empower our farm to host 25 paid guests on one tour five days per week between 8am-6pm.They also allow us to run a giftshop selling our value-added products and products associated with the farm. PERMIT AMENDMENT REOUEST Ourtours are commonlysold out one week to six-weeks in advance.Because ofthis many visltors are unable to secure reservations.These overflow visitors usually visit the farm giftshop —we frequently host more visitors at the giftshop than on the farm tours. We are asking that the limit on the number of tour visitors be removed,and we be allowed to freely operate tours within the hours of 8am-4pm.This will allow the farm to bookthecustomerswhowantto come on tours,within the capadty ofthe farm.This request shortens the current permitted tour hours to be within the workday. IN SUPPORT Our farm manager Will Lydgate is sensitive to the neighborhood setting that the farm operates in.Since receiving approval in 2015 there have been no formal complaints to the countyaboutthetours.Will Lydgate isthe presldent ofthe neighborhood AOAO and there have been no formal complaints to the AOAO about the tours in that tlme frame either. We very much appreciate your considerationof our proposal,which will help our growth and supportthe future ofcacao and ag-tourism on Kaual! AMENDMENT LANGUAGE:CONDITIONS OF APPROVAL We are requesting that the language of our permits be changed in the following ways. From the introduction to our letter ofapproval: This letter memorializes the action taken by the Kaua'i Planning Commission effective [August 8,2017](insert new hearing datel to amend the above subject permits to allow for [two (2)additional]free ooeration of Commercial Agriculture tours within soecified hours.The approval by the Planning Commission,per your consent,is subject to the following conditions: We are also requesting condition 2 ofour approval be amended as follows: The agriculture commercial tours shall be limited to no more than five (5)days per week,[with no more than twenty-five (25)paying participonts per tour]and the hours ofoperation shall be from [8:00om to 6:00pm]8am to 4pm. ABOUT LYDGATE FARMS Our farm is run by owner and manager Will Lydgate who took over farm operations from his father Tony Lydgate in 2016.We have twice been recognized as produclng one ofthe 50 best chocolates in the world at the Cocoa of Excellence Awards in Paris,France — first in 2017 and again for the current year 2021.We have the honor of representing the United States in these international awards,which are a competition between cacao producing countries located in the tropics.Hawaii is the only state in the U.S.that can grow Theobroma cacao the chocolate tree. Lydgate Farms is a pioneer in the new hlawaii cacao growing movement,which is focused not on cheap candy bar grade chocolate,but on what is called specialty chocolate.This is chocolate that is a higher quality which has fine fruity and floral flavors and can be used in wine pairings.Specialty chocolate is currently experiencing major market growth like what Californla wine experienced starting in the 1970's and specialty coffee starting in the 1980's. Our farm was selected in 2020 bythe Fine Chocolate and Cacao Institute as an outstanding cacao farm in the United States and featured in their Origln Series along with one farm each from Ecuador,Brazil,Colombia,Philippines,Mexico,Tanzania,and Dominican Republic. As Kauai's largest producer ofvanilla beans we are currently partnering with the County of Kauai Office of Economic Development for a research grant that constitutes the first scientific research into vanilla cultivation in Hawaii.Our honey has been awarded #1 in the state atthe Big Island Beekeepers Associatlon Hawaii Honey Challenge multiple years including the most recent public challenge event in 2019.Our owner and manager Will Lydgate is current president ofthe Hawaii Chocolate and Cacao Association and is the Kauai representative for the Small Business Regulatory Review Board.Will Lydgate is a graduate ofthe Hawaii Agricultural Leadership Program.Will's great-grandfather John Mortimer Lydgate is remembered for his efforts at historical preservation on Kauai and setting aside the hei'au ofWailua for conservation. Will Lydgate and our farm are featured in HTA's new video Malama as a part oftheir new marketing push to promote ag-tourism and activities like voluntourism to promote a higher quality of visitor to hlawaii. Our farm is the excluslve chocolate supplier to Holey Grail Donuts since 2018.They also have a partnership wlth Koloa Rum in the creation ofthelr Kauai Cacao rum and its sister product Lydgate Farms'75%Dark with Koloa Hawaiian Rum chocolate bar,launched in 2020. TOURS AT LYDGATE FARMS We currently operate the three-hour Chocolate Farm Experience one time per day five days per week,Monday-Friday starting at 9am and ending at 12pm.Visitors book in advance and arrive in rental cars the morning before their tour and drive out after.Each tour group travels in 6-12 cars with an average of 10 cars per tour.At the end of each tour visitors buy the farm's products at the giftshop.Visitors park their cars in 30 designated parking spaces. Ourtours highlightthe farming operation and the products ofthe farm.They existwithin the farm setting and function as an advertisement for the farm's products and a fun activity.But without the farm they would not function. KAUAI C HOCOLATE //n//EXHIBIT"B" (2017 PCApproval Letter) For reference Chair Vice-Chair Nogami' Members 4444;RiceStreet KapuleBuilding,SuiteA-473 Ltfiu'e,Hawai'F 96766-1326 TEL (808)241-4050 FAX:(808)241-6699 William H.Lydgate Steelgrass Faan,LLC POBox68, Kapaa,Hawaii 96746 rf Subject:Class TV Zoning Pemiit Z-FV-2015-10 UsePermit U-2015-9 Special Permit SP-2015-1 Tax Map Key:(4)4-4-003:045 Kapaa.Raua'i Steelgrass Faim,LLC,Applicaat TNs letter memorializes the aefion taken by the Kaua'i Plaimmg Coimmssion effective August 8, 2017 to amend the above subj ect permits to allow for two (2)additional Commercial Agticulfuie toiu-s.TheapprovalbythePlannugGoimnission,peryoure6nserit,issybjecttothefolIowmg conditions: I.Any Ghanges to thetour operatiQnsandancillaryfaeility(s)shaIlbereviewed by the Department to determine whether Plamiing eommission review and approval is required. 2.The agriculture commercial tours shall be timifed to no more thah [thrco (3)days per wcclc]five (5)days per week,with ho more fhan twenty-five (25)paying participants per tour andthehourofopeiationshaUbefrom 8:00amto 6:00pm. 3.At least twelve (12)designated off-stteet (off-driveway)parking stalls shall be provided for tour partieipants. 4.The gift shop shall be restricted to the sale ofthose products produced at or assbciated with the subject property's agrieultural operations. 5.The applicarit shall comply with the requirements ofthe State Department of An Equal Opportunity Employer V:\Chance\Class IVVZ-JV-2015-10 Amendment Steelgrass FannVLetter ofApproval\Approval_CB_7.31.I7_steelgrassfarms.docx Steelgrass Farm,LLC,Applicant Class IV Zoning Pen-nit Z-IV-2015-10 UsePermit U-2015-9 Special Permit SP-2015-l Page2 6. 7. 9. Sincei^ly, Health,the County's Fire Department,flie Department ofWater,and the Department ofPublic Works,as well as any other applicable govemment agencies. The applicant shall develop and utilize BestManagelnent Praetiees (B.M.P.'s) duiing all Ehases of development in prder to ininimize erosion,dust,and sedirttentationiinpactsoftheprojeettoabuttmgproperties. InordertommimizeadveisemipactSQa^^^ Newell's Shearwater arid OtUer seabirds,all extemal lighting shall be only ofthe ft^wmgtypes:sMddeaiiglits,cut-offlMnuDanes,ormdte(aIightm Spotlighfs mmed.upward or spotlighting of sfructures,landsoapmg,orthe oeean shallbe pioltibifed. T^eI^anBmgCommissionreseivesthgiigh^tOTevise.add,or deleteconditions of approval in order tp addiess pr mitigate unforeseen impacts the project may, creats,Orto revokethe periaitsthroughtheproperproceduj-esshouldcondifions of approval npt.be compliedwith or beviolated. The applieant is advised that additional govemment ageney conditions may be impQsed.It shall be the applicant's responsibility to resolve fhose eonditions with the respecfive ageneies. IGHAEL A.DAHILIG Clerk,Kaua'i Planmng Coaaifission Cc;Counly-Public Works,Eire,Water,Housing,Transportation State-Health,HistoricPreservationDivision File Z-rv-2015-10