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2022-7-26 Planning Commission Agenda Packet (2)PAGE 2 PLANNING COMMISSION – JULY 26, 2022 PLANNING COMMISSION MEETING NOTICE AND AGENDA Tuesday, July 26, 2022 9:00 a.m. or shortly thereafter Līhu‘e Civic Center, Moikeha Building Meeting Room 2A-2B 4444 Rice Street, Līhu‘e, Kaua‘i, Hawai‘i To Join by ZOOM Link: https://us06web.zoom.us/j/83540285353 Webcast Link: https://www.kauai.gov/Webcast-Meetings A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA D. MINUTES of the meeting(s) of the Planning Commission 1. January 11, 2022. 2. February 8, 2022. 3. March 22, 2022. E. RECEIPT OF ITEMS FOR THE RECORD F. HEARINGS AND PUBLIC COMMENT 1. Continued Agency Hearing a. None for this Meeting. 2. New Agency Hearing a. SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2022-7) to allow construction of a new single-family dwelling unit on a parcel situated along the mauka side of Moloaa Road, situated approximately 700 feet north of the Moloaa Road/Kuono Road intersection, further identified as 3532 Moloaa Road, Tax Map Key: (4) 4-9-014:026, containing a total area of approximately 5,532 square feet = RUSSEL & BONNIE CALDERONE. b. SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2022-8), CLASS IV ZONING PERMIT (Z-IV-2022-11) and USE PERMIT (U-2022-11) to allow replacement and upgrades to the existing wastewater treatment plant facility servicing the Nihi Kai Villas condominium project, involving a parcel situated on the mauka side of Hoone Road in Poipu, approximately 200 feet north of the Hoone Road/Nalo Road intersection, further identified as 1870 Hoone Road, Tax Map Key: (4) 2-8-019:022 and containing a total area of 5.975 acres = ASSOCIATION OF APARTMENT OWNERS OF NIHI KAI VILLAS. [Director’s Report received 7/12/2022]. PAGE 3 PLANNING COMMISSION – JULY 26, 2022 3. Continued Public Hearing a. ZA-2022-9: A bill for an ordinance amending Chapter 10, Article 3, Kauai County Code 1987, as amended, relating to the West Kauai Community Plan. The proposal amends Section 10-3 of the Kauai County Code relating to text and mapping requirements within to establish a Special Planning Area "O", which shall also be known as the “Plantation Camp Walkable Mixed Use District”, and be designated as “SPA-O" as shown on Zoning Maps ZM-KV-100 (Kaumakani Village) and ZM-KA-100 (Kaumakani Avenue) for a portion of a property further identified as tax map key 1-7-006:001 = COUNTY OF KAUA‘I, PLANNING DEPARTMENT. [Director’s Report received, Hearing Deferred 7/12/2022]. 4. New Public Hearing a. ZA-2022-10: A bill (2859) for an ordinance amending Chapter 8, Kaua'i County Code 1987, as amended, relating to the Comprehensive Zoning Ordinance (CZO). The purpose of this Ordinance is to permit educational campgrounds in the Agriculture and Open Zoning District under the Use Permit process and to exempt existing State and County campgrounds from Sec. 8-9.6 of the CZO = KAUAI COUNTY COUNCIL. b. ZA-2022-11: A bill (2860) for an ordinance amending Chapter 8, Kaua'i County Code 1987, as amended, relating to the Comprehensive Zoning Ordinance (CZO). The purpose of this Ordinance is to increase the overall size and encourage buildout of Guest House entitlements to increase the supply of long-term rental inventory and housing options for small or extended families and to require one (1) off-street parking space for each Guest House = KAUAI COUNTY COUNCIL. c. ZA-2022-14: A bill for an ordinance amending Chapter 8, Kaua'i County Code 1987, as amended, relating to Comprehensive Zoning Ordinance (CZO). The proposal would amend and update s Section 8-1.5 of the CZO as it relates to the Definitions = COUNTY OF KAUAI, PLANNING DEPARTMENT. d. A-2022-1 (previously published as A-2015-1): Request: State Land Use District Boundary Amendment from Agricultural District to Rural District. ZA-2022-13 (previously published as ZA-2015-5): Request: County Zoning Amendment from Agriculture District (A) to Residential District (R-l). Location: Kapa'a Homesteads, Kaua'i. Located along the southern side of Kawaihau Road, and approximately 1/4-mile west of the Kawaihau Road/Wana'ao Road intersection, further identified as 6501 Kawaihau Road and containing a total area of 4.669 acres. Tax Map Key: (4) 4-6-007:058 = MANUEL DESILVA JR, TRUSTEE. G. CONSENT CALENDAR 1. Status Reports a. 2022 Annual Report on the progress and status of compliance of the conditions of the subject permits for Hokuala Resort (formerly Kaua‘i Lagoons Resort) in accordance with Condition No. 28 of the Second and Third Amendments to Special Management Area SMA(U)-2005-8, Project Development Use Permit U-2005-26, Use Permit U- 2005-25, and Class IV Zoning Permit Z-IV-2005-30. 1. Director’s Report pertaining to this matter (see agenda packet). PAGE 4 PLANNING COMMISSION – JULY 26, 2022 2. Director’s Report for Project Scheduled for Agency Hearing a. None for this Meeting. H. GENERAL BUSINESS MATTERS 1. Clerk of the Commission’s Recommendation to Refer an Appeal of the Planning Director’s Decision related to the Planning Director’s 6/23/2022 Cease and Desist and Forfeiture of TVRNCU #4250 (Nami Nori) for the Failure to Renew by June 6, 2022, Patrick and Patricia Turley, 4895 Weke Road, TK 55001040, Hanalei Kauai, for referral to Board and Commissions as Contest Case File No. CC-2023-1. a. Appeal from Liz Grout, Property Manager, dated 6/23/2022. b. Appeal from Gregory W. Kugle, Esq. & Joanna C. Zeigler, Esq., Damon Key Leong Kupchak Hastert, dated 7/13/2022. I. COMMUNICATION 1. None for this Meeting. J. COMMITTEE REPORTS 1. Subdivision Committee a. None for this Meeting. K. UNFINISHED BUSINESS (For Action) 1. ZA-2022-9: A bill for an ordinance amending Chapter 10, Article 3, Kauai County Code 1987, as amended, relating to the West Kauai Community Plan. The proposal amends Section 10-3 of the Kauai County Code relating to text and mapping requirements within to establish a Special Planning Area "O", which shall also be known as the “Plantation Camp Walkable Mixed Use District”, and be designated as “SPA-O" as shown on Zoning Maps ZM-KV-100 (Kaumakani Village) and ZM-KA-100 (Kaumakani Avenue) for a portion of a property further identified as tax map key 1-7-006:001 = COUNTY OF KAUA‘I, PLANNING DEPARTMENT. [Director’s Report received, Hearing Deferred 7/12/2022]. a. Supplement #1 to Director’s Report pertaining to this matter (see agenda packet). b. Memorandum No. 1 to Planning Commission. L. NEW BUSINESS (For Action) 1. SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2022-7) to allow construction of a new single-family dwelling unit on a parcel situated along the mauka side of Moloaa Road, situated approximately 700 feet north of the Moloaa Road/Kuono Road intersection, further identified as 3532 Moloaa Road, Tax Map Key: (4) 4-9-014:026, containing a total area of approximately 5,532 square feet feet = RUSSEL & BONNIE CALDERONE. a. Director’s Report pertaining to this matter (see agenda packet). PAGE 5 PLANNING COMMISSION – JULY 26, 2022 2. SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2022-8), CLASS IV ZONING PERMIT (Z-IV- 2022-11) and USE PERMIT (U-2022-11) to allow replacement and upgrades to the existing wastewater treatment plant facility servicing the Nihi Kai Villas condominium project, involving a parcel situated on the mauka side of Hoone Road in Poipu, approximately 200 feet north of the Hoone Road/Nalo Road intersection, further identified as 1870 Hoone Road, Tax Map Key: (4) 2-8-019:022 and containing a total area of 5.975 acres = ASSOCIATION OF APARTMENT OWNERS OF NIHI KAI VILLAS. [Director’s Report received 7/12/2022]. a. Director’s Report pertaining to this matter (see agenda packet). 3. ZA-2022-10: A bill (2859) for an ordinance amending Chapter 8, Kaua'i County Code 1987, as amended, relating to the Comprehensive Zoning Ordinance (CZO). The purpose of this Ordinance is to permit educational campgrounds in the Agriculture and Open Zoning District under the Use Permit process and to exempt existing State and County campgrounds from Sec. 8-9.6 of the CZO = KAUAI COUNTY COUNCIL. a. Director’s Report pertaining to this matter (see agenda packet). 4. ZA-2022-11: A bill (2860) for an ordinance amending Chapter 8, Kaua'i County Code 1987, as amended, relating to the Comprehensive Zoning Ordinance (CZO). The purpose of this Ordinance is to increase the overall size and encourage buildout of Guest House entitlements to increase the supply of long-term rental inventory and housing options for small or extended families and to require one (1) off-street parking space for each Guest House = KAUAI COUNTY COUNCIL a. Director’s Report pertaining to this matter (see agenda packet). 5. ZA-2022-14: A bill for an ordinance amending Chapter 8, Kaua'i County Code 1987, as amended, relating to Comprehensive Zoning Ordinance (CZO). The proposal would amend and update s Section 8-1.5 of the CZO as it relates to the Definitions = COUNTY OF KAUAI, PLANNING DEPARTMENT. a. Director’s Report pertaining to this matter (see agenda packet). 6. A-2022-1 (previously published as A-2015-1): Request: State Land Use District Boundary Amendment from Agricultural District to Rural District. ZA-2022-13 (previously published as ZA-2015-5): Request: County Zoning Amendment from Agriculture District (A) to Residential District (R-l). Location: Kapa'a Homesteads, Kaua'i. Located along the southern side of Kawaihau Road, and approximately 1/4-mile west of the Kawaihau Road/Wana'ao Road intersection, further identified as 6501 Kawaihau Road and containing a total area of 4.669 acres. Tax Map Key: (4) 4-6-007:058 = MANUEL DESILVA JR, TRUSTEE. a. Director’s Report pertaining to this matter (see agenda packet). PAGE 6 PLANNING COMMISSION – JULY 26, 2022 M. EXECUTIVE SESSION Pursuant to Hawaii Revised Statutes Sections 92-4 and 92-5(a)(4), the purpose of this executive session is to consult with the County's legal counsel on questions, issues, status and procedural matters. This consultation involves consideration of the powers, duties, privileges, immunities, and/or liabilities of the Commission and the County as they relate to the following matters: 1. SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2022-7) to allow construction of a new single-family dwelling unit on a parcel situated along the mauka side of Moloaa Road, situated approximately 700 feet north of the Moloaa Road/Kuono Road intersection, further identified as 3532 Moloaa Road, Tax Map Key: (4) 4-9-014:026, containing a total area of approximately 5,532 square feet feet = RUSSEL & BONNIE CALDERONE. 2. SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2022-8), CLASS IV ZONING PERMIT (Z-IV- 2022-11) and USE PERMIT (U-2022-11) to allow replacement and upgrades to the existing wastewater treatment plant facility servicing the Nihi Kai Villas condominium project, involving a parcel situated on the mauka side of Hoone Road in Poipu, approximately 200 feet north of the Hoone Road/Nalo Road intersection, further identified as 1870 Hoone Road, Tax Map Key: (4) 2-8-019:022 and containing a total area of 5.975 acres = ASSOCIATION OF APARTMENT OWNERS OF NIHI KAI VILLAS. [Director’s Report received 7/12/2022]. 3. ZA-2022-9: A bill for an ordinance amending Chapter 10, Article 3, Kauai County Code 1987, as amended, relating to the West Kauai Community Plan. The proposal amends Section 10-3 of the Kauai County Code relating to text and mapping requirements within to establish a Special Planning Area "O", which shall also be known as the “Plantation Camp Walkable Mixed Use District”, and be designated as “SPA-O" as shown on Zoning Maps ZM-KV-100 (Kaumakani Village) and ZM-KA-100 (Kaumakani Avenue) for a portion of a property further identified as tax map key 1-7-006:001 = COUNTY OF KAUA‘I, PLANNING DEPARTMENT. [Director’s Report received, Hearing Deferred 7/12/2022]. 4. ZA-2022-10: A bill (2859) for an ordinance amending Chapter 8, Kaua'i County Code 1987, as amended, relating to the Comprehensive Zoning Ordinance (CZO). The purpose of this Ordinance is to permit educational campgrounds in the Agriculture and Open Zoning District under the Use Permit process and to exempt existing State and County campgrounds from Sec. 8-9.6 of the CZO = KAUAI COUNTY COUNCIL. 5. ZA-2022-11: A bill (2860) for an ordinance amending Chapter 8, Kaua'i County Code 1987, as amended, relating to the Comprehensive Zoning Ordinance (CZO). The purpose of this Ordinance is to increase the overall size and encourage buildout of Guest House entitlements to increase the supply of long-term rental inventory and housing options for small or extended families and to require one (1) off-street parking space for each Guest House = KAUAI COUNTY COUNCIL. 6. ZA-2022-14: A bill for an ordinance amending Chapter 8, Kaua'i County Code 1987, as amended, relating to Comprehensive Zoning Ordinance (CZO). The proposal would amend and update s Section 8-1.5 of the CZO as it relates to the Definitions = COUNTY OF KAUAI, PLANNING DEPARTMENT. PAGE 7 PLANNING COMMISSION – JULY 26, 2022 7. A-2022-1 (previously published as A-2015-1): Request: State Land Use District Boundary Amendment from Agricultural District to Rural District. ZA-2022-13 (previously published as ZA-2015-5): Request: County Zoning Amendment from Agriculture District (A) to Residential District (R-l). Location: Kapa'a Homesteads, Kaua'i. Located along the southern side of Kawaihau Road, and approximately 1/4-mile west of the Kawaihau Road/Wana'ao Road intersection, further identified as 6501 Kawaihau Road and containing a total area of 4.669 acres. Tax Map Key: (4) 4-6-007:058 = MANUEL DESILVA JR, TRUSTEE. 8. 2022 Annual Report on the progress and status of compliance of the conditions of the subject permits for Hokuala Resort (formerly Kaua‘i Lagoons Resort) in accordance with Condition No. 28 of the Second and Third Amendments to Special Management Area SMA(U)-2005-8, Project Development Use Permit U-2005-26, Use Permit U-2005-25, and Class IV Zoning Permit Z-IV-2005-30. 9. Clerk of the Commission’s Recommendation to Refer an Appeal of the Planning Director’s Decision related to the Planning Director’s 6/23/2022 Cease and Desist and Forfeiture of TVRNCU #4250 (Nami Nori) for the Failure to Renew by June 6, 2022, Patrick and Patricia Turley, 4895 Weke Road, TK 55001040, Hanalei Kauai, for referral to Board and Commissions as Contest Case File No. CC-2023-1. N. ANNOUNCEMENTS 1. Topics for Future Meetings. 2. The following regularly scheduled Planning Commission meeting will be held at 9:00 a.m., or shortly thereafter, on August 9, 2022. The Planning Commission anticipates this meeting to be held in-person at the Lihue Civic Center, Moikeha Building, Meeting Room 2A-2B, 4444 Rice Street, Lihue, Hawaii 96766. The Commission also anticipates providing telephone and a virtual platform capability for members of the public to testify remotely. The Commission will announce its intended meeting method via an agenda electronically posted at least six days prior to the meeting date. O. ADJOURNMENT PAGE 8 PLANNING COMMISSION – JULY 26, 2022 SPECIAL MANAGEMENT AREA (SMA) Minor Determinations Date (Action) SMA Minor Permit Number Location (TMK) Activity/Structure Approved (7.7.2022) SMA(M)-2022-14 Kōloa (2-8-028:036) Swimming pool and associated decking Approved (7.19.2022) SMA(M)-2022-15 Kōloa (2-8-015:014) After the Fact Shed Construction Approved (7.15.2022) SMA(M)-2022-16 Wailua (4-1-017:011) Concrete Masonry Unit (CMU) fence DEPARTMENT OF PLANNING KA‘ĀINA HULL, DIRECTOR JODI A. HIGUCHI SAYEGUSA, DEPUTY DIRECTOR ________________________________________________________________________________ 1 KAUA‘I PLANNING COMMISSION REGULAR MEETING January 11, 2022 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 9:00a.m. ROLL CALL Planning Director Kaaina Hull: Madam Chair, its 9:00, we have all Commissioners present, so at your discretion whenever you want to start the meeting. Chair Apisa: Great. I call the meeting to order, and we could do a a roll call, please, Kaaina? Mr. Hull: Roll call, Madame Commissioner Ako? Mr. Ako: Here and by myself. Mr. Hull: Commissioner Chiba? Mr. Chiba: Here and by myself. Mr. Hull: Commissioner Cox? 2 Chair Cox: Here and 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 and by myself. Mr. Hull: Chair Apisa? Chair Apisa: Here and by myself. Mr. Hull: You have a full quorum Seven present, Madam Chair. SELECTION OF CHAIRPERSON AND VICE CHAIRPERSON APPOINTMENT OF SUBDIVISION COMMITTEE CHAIRPERSON, VICE CHAIRPERSON Chair Apisa: Thank you very much. Our next Agenda Item is Selection of our Chairperson and a Vice Chairperson for 2022. Nominations are now in order for the position of the Planning Commission Chair. The nominations need not be seconded. Are there any nominations? Ms. Otsuka: Yes. I would like to nominate Commissioner Helen Cox for the position of Planning Commission Chair. Chair Apisa: Thank you very much. Are there any other nominations? Hearing none. May I have a motion to close the nominations? Ms. Nogami-Streufert: I move to close the nominations. Chair Apisa: Is there a second for this? Ms. Otsuka: Second. Chair Apisa: All those in favor say, aye? Aye (Unanimous voice vote). Anyone saying, nay? Hearing none. The Motion carried unanimously 7:0. Thank you very much. So now we will continue to get the appointment of the Subdivision Committee Chair and Vice Chair. Well, no, I think at this time, I will turn it over to our new Chair and she can appoint her Subdivision Committee. Congratulations Chair Cox and thank you very much. Chair Cox: Thank you, Donna. 3 Chair Apisa: Thanks very much. Chair Cox: Yes, Laura? Deputy County Attorney Laura Barzilai: Sorry, Deputy County Attorney Laura Barzilai. We actually have to vote on the appointment of Vice Chair Cox’s position to Chair, so we will vote her at this time. Chair Apisa: I (inaudible). Ms. Barzilai: We will vote now on the nomination. Ms. Apisa: Yes, I assumed…I was thinking we had done it but thank you. That is why we have legal counsel guiding us. So, I would like to entertain a motion to select Helen Cox as our Chairman. Did I hear a motion? Ms. Nogami-Streufert: I move to elect Helen Cox as the Chairperson for the Planning Commission. Ms. Apisa: Thank you very much. Is there a second for that? Mr. Chiba: I second. Ms. Apisa: We do have a motion on the floor. All in favor, please say, aye? Aye (Unanimous voice vote). Any opposed? Any abstentions? Hearing none. The Motion carried unanimously 7:0. Congratulations Chair Cox. Thank you. Chair Cox: Thank you and thank you, Donna for holding the post for a year, that was very, very helpful. I hope I can do as good a job. So, moving on we are now actually going to select the Vice Chair, so nominations are now in order for the position of Planning Commission Vice Chair. And nominations need not be seconded. Are there any nominations? Ms. Otsuka: Yes. I would like to nominate Commissioner Francis DeGracia for the position of Vice Chair of the Planning Commission. Chair Cox: Are there any further nominations? If not, may I have a motion to close nominations? Ms. Otsuka: I move to close the nominations for the position of Planning Commission Vice Chair. Chair Cox: Okay, is there a second? Donna, did you second it? Ms. Apisa: Second. Chair Cox: All those in favor say, aye? Aye (Unanimous voice vote). Any abstentions? Any nays? Okay, the Motion is carried 7:0. So Nominations are now closed so Francis DeGracia has been nominated to fill the position of Planning Commission Vice Chair. Are there any request for 4 a secret ballot vote? If not, those in favor of Commissioner DeGracia? We need to vote on this so let’s do a roll call vote. Kaaina. Mr. Hull: Roll call, Madame Chair. The vote here is to elect Commissioner DeGracia to the Vice Chair position of the Planning Commission. Roll call, Commissioner Ako? Mr. Ako: Aye. Mr. Hull: Commissioner Chiba? Mr. Chiba: Aye. Mr. Hull: Commissioner Cox? Chair Cox: Aye. Mr. Hull: Oh, I apologies, I will call you last Chair, Sorry about that. Mr. Hull: Commissioner DeGracia? Mr. DeGracia: Aye. Mr. Hull: Commissioner Otsuka? Ms. Otsuka: Aye. Mr. Hull: Commissioner Streufert? Ms. Nogami-Streufert: Aye. Mr. Hull: Commissioner Apisa? Ms. Apisa: Aye. Mr. Hull: Chair Cox? Chair. Cox: Aye. Mr. Hull: Motion passes 7:0, Madam Chair. Chair Cox: Thank you. Francis, you are dually elected so serve as Planning Commissioner Vice Chair. Congratulations! Mr. DeGracia: Thank you. Chair Cox: Thank you for serving with me. So, moving on we are going to, I would like to appoint the Subdivision Committee members. And I would like to appoint Commissioner Ako as the Chair 5 of Subdivision Committee, Commissioner Chiba as Vice Chair to the Subdivision Committee, and Commissioner DeGracia will serve as the third member of the Subdivision Committee. I would also like to appoint Commissioner as an alternate member in order to achieve a quorum and to take action in case members are absent. May I have a motion to approve? Ms. Nogami-Streufert: I move to approve your appointments. Chair Cox: Is there a second? Ms. Nogami-Streufert: Second. Chair Cox: Thank you. All those in favor signify by saying, aye? Aye (Unanimous voice vote). Any nays? Any abstentions? Hearing none. Motion Carried 7:0. Thank you, Commission, Subdivision Commission, and thank you for those who finished serving on it. APPROVAL OF AGENDA Mr. Hull: Moving on to approval of the agenda. The Department has no recommended changes for the agenda. Ms. Apisa: I move we approve the agenda as submitted. Chair Cox: And a second? Ms. Otsuka: Second. Chair Cox: I don't think we need a roll call. All those in favor? Aye. (Unanimous voice vote). Are there any opposed? Hearing none. Motion Carried. 7:0. MINUTES of the meeting(s) of the Planning Commission Mr. Hull: Next, Madame Chair, we have Agenda Item E, Minutes for the Meetings August 10, 2021, and Minutes for the Meeting of September 14, 2021. Chair Cox: I would entertain a motion to approve both of these together, unless you would like to look at them separately? Ms. Apisa: I move that we approve the Minutes of the August 10, 2021, and September 14, 2021, Planning Commission Meetings. Ms. Nogami-Streufert: Seconded. Chair Cox: Thank you. It’s been moved and seconded. Any further discussion? If not, I think we can again, do a voice vote. All those in favor? Aye. (Unanimous voice vote). Are there any opposed? Hearing none. Motion Carried. 7:0. Thank you. 6 RECEIPT OF ITEMS FOR THE RECORD (None) Mr. Hull: WE have no additional Receipt of Items for the Record. HEARINGS AND PUBLIC COMMENT Mr. Hull: Now moving on to Hearings and Public Comments. We did not receive any written testimony however, we do have at least one attendee attending Jodi, did you want to let the attendee in to testify? We have a George Van Buren, Mr. Van Buren would you like to testify? We are going to bring you into the meeting. Deputy Planning Director Jodi Higuchi Sayegusa: I will do that right now. Just letting you in, you just need to unmute yourself and when you are ready you can begin your testimony, Mr. Van Buren. It doesn't appear to be moving so, I am not sure. Maybe, Kaaina, you want to try on your end? So, you would click on the attend tab, click on more and remote. Mr. Hull: Yes, it is not, we are having some technical difficulties here. Here we go. Ms. Higuchi Sayegusa: Here we go. Mr. Van Buren you are faint if you could try to talk and then we can begin your time. So sorry, I think we can barely hear you. Hi. Mr. Van Buren we cannot make out audio at this point, its really muffled. Another option is for you to call in let’s see, when you registered you should have received another option, a number that you may dial to call in for the audio. That might be a better option. Hold the line, so if you refer to the email with the link to join the meeting within that invitation there should also be these numbers you may dial to link your audio by phone into the meetings. That might be the best option at this point. Mr. Hull: Madame Chair, we are also, having some broadcasting issues with our IT folks, so maybe if we could ask for a ten-minute recess? That might give Mr. Van Buren sometime to get through his glitches and call in as well as IT team. Chair Cox: Okay. Can I have a motion for a ten-minute recess? Mr. Hull: No motion needed you just have… Chair Cox: Okay, we don’t have too, we just do it? Okay. Let’s take a ten-minute recess, yes, thank you, Kaaina. The Commission recessed this portion of the meeting at 9:13 a.m. The Commission reconvened this portion of the meeting at 9:36 a.m. Chair Cox: Call the meeting back to order after the recess. Looks like we have got everybody so I would say, lets go ahead and restart and I believe Mr. Van Buren, you are ready to speak? Mr. George Van Buren: Good morning, Madame Chair. 7 Mr. Hull: Sorry, Mr. Van Buren, we have three-minutes for testimony and for the record could you state your name for the record. Thank you. Mr. Van Buren: Okay. This is George Van Buren. Good morning, Madame Chair, Commission members. Sorry for my lack of technical prowess, but I’ll be brief. I just wanted to inform the Commission that I’ve been appointed by the Court as a Commissioner for this property, and it appears to be headed for foreclosure auction. I have spoken with Mike Laureta, and you know, we’re getting ready to address the problems. I know that there are, the borrowers have made some indication that they may move to resolve the issues, but I wanted the Commission to know that I am aware of the problem, and I am here and can answer any questions. Chair Cox: I believe you would have an opportunity when we actually get to that item. Is that correct, Kaaina? Mr. Hull: No, so he is appointed by the court because the property is going into foreclosure proceedings and for the Commission and the community members viewings edifications this relates to the SPD ll Makaiwa Resort Development appeal to our violation notice. So, Mr. Van Buren currently isn’t a party to the proceedings so he wouldn’t be speaking… Chair Cox: Oh, I see. Mr. Hull: …during the actual agenda item, but given his you know, affiliation I think if any commissioners had any questions, now would be an appropriate time. Chair Cox: Okay. Do Commissioners have questions for Mr. Van Buren? I guess we have none, Donna? Ms. Apisa: No, I guess this is, I guess I am curious of the status, you said, “it looks like it’s going to foreclosure, but its not there yet?” or maybe an update on the status? Mr. Van Buren: Okay, it’s being marketed now, I’ve retained (inaudible) to market the property, but I haven’t scheduled the auction date, but there will be an auction, and anything can happen, of course, and in the meantime, inevitably I will be scheduling a public auction for some time in March. And then it would be subject to the court’s confirmation. Ms. Apisa: Thank you. Ms. Nogami-Streufert: So, Kaaina? Can I ask a question? How does this work now, do we weigh in on this? Or do we not do anything on this issue? Mr. Hull: I need to be careful because this is an appeal to my action. Chair Cox: Kaaina, do you want me to speak to that? Mr. Hull: If you want to, Chair. Chair Cox: I believe what happens is that when we get to that item on the agenda, we would be 8 giving the applicant of the appeal a chance to speak, and then we would decided how we would want to act on it. Is that correct, Kaaina? Ms. Nogami-Streufert: Even though this is a foreclosure? Or I guess I am not sure who would be… Chair Cox: Yes. Ms. Barzilai: Okay, Madame Chair, Laura Barzilai, Deputy County Attorney. I believe that Mr. Van Buren’s information is just for your information purposes only. To clarify the judgment of foreclosure was entered, and as Mr. Van Buren stated, a brochure is marketing the property and the auction date has not yet been set. And that is for your information only and does not immediately impact he matter before you today. Chair Cox: Thank you. Any further questions for Mr. Van Buren? Okay. Hearing none. Thank you for your testimony. Mr. Van Buren: Thank you. Ms. Higuchi Sayegusa: Chair, we have no other attendees in the gallery here. I am not sure if there are anyone else on the call that may have any other agenda item they would wish to testify? Not as a party, but as a public member for anything else on the agenda. Please raise your hand, your virtual hand, if so. Okay, seeing none. I believe that is all for public testimony this morning. Thanks. Chair Cox: Thank you, Jodi. Continued Public Hearing New Agency Hearing Mr. Hull: Thanks, Jodi. Moving on there is no Agency Hearings. 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: No Consent Calendar items. Director’s Report for Project Scheduled for Agency Hearing 9 Executive Session Mr. Hull: There is Executive session listed if the Commission would want to go into Executive session. GENERAL BUSINESS MATTERS. Petition to Appeal of the Planning Director’s Decision Related to the Planning Director’s Second and Final Notice of Violation & Order to Pay Fines for construction of a dust screen/wall without permits on property situated in Waipouli, Kauai, SPD ll Makaiwa Resort Development LLC, Tax Map Key (4) 4-3-002:15, 16 and 20, received on November 30, 2021, for referral to Board and Commissions as Contested Case File NO. CC-2022-2. Mr. Hull: We will move on to the next item, Item J.1, which because it is an appeal to my actions, I will turn it over to the Chair Cox to read it into the record. Chair Cox: This is item J, under General Business Matters J.1, Petition to Appeal of the Planning Director’s Decision Related to the Planning Director’s Second and Final Notice of Violation & Order to Pay Fines for construction of a dust screen/wall without permits on property situated in Waipouli, Kauai, SPD ll Makaiwa Resort Development LLC, Tax Map Key (4) 4-3-002:15, 16 and 20, received on November 30, 2021, for referral to Board and Commissions as Contested Case File NO. CC-2022-2. I don’t know if we have anyone from the applicant that would like to speak? Mr. Hull: Madame Chair, as Clerk of the Commission and Director, we did forward them information onto the appellant, however, it does not appear that they have representation present at this meeting. Chair Cox: In that case we will move onto the Clerk of Commissions recommendations to refer and appeal the Planning Director’s decision related to the Planning Director’s Second and Final Notice of violation and order to pay fines for construction for a dust/wall without permits on property situated in Waipouli, Kauai, SPD ll Makaiwa Resort Development LLC, Tax Map Key (4) 4-3-002:15, 16 and 20, received on November 30, 2021, for referral to Board and Commissions as Contested Case File NO. CC-2022-2. And would it be appropriate at this point for our decision Kaaina, to hear from the Clerk? Or do we just go to discussion? Mr. Hull: I don’t have any further to present beyond what was submitted, so we are recommending that the Commission ultimately refer it to the Hearings Officer. Chair Cox: Okay. Is there any discussion from the Commissioners or are there any questions? Ms. Nogami-Streufert: Kaaina, has there been any response from the applicant to this? Mr. Hull: So, the applicant/appellant submitted the formal appeal to the notice of violation, which we essentially put before the Commission and then as we are recommending to refer to a Hearings Officer beyond that formal petition of appeal, we have not receive any other documentation. Ms. Nogami-Streufert: And you are referring to the transmittal letter from November 30, is that 10 correct? Mr. Hull: Did somebody? Chair Cox: We have both the transmittal letter from Goodsill Anderson Quinn & Stifel and we also have the memorandum from Kaaina. Mr. Hull: Yes, so sorry, Commissioners Streufert. Correct. The formal appeal was the November 30th document from the law firm Goodsill Anderson. Ms. Nogami-Streufert: Okay. Any further questions? Chair Cox: Any further questions? Or would anybody like to make a motion? Yes, Donna? Ms. Apisa: Kaaina, just remind us, just remind us I mean, what’s the dollar amount of what’s being appealed? Mr. Jason Ding: Hello? Hello? Mr. Hull: Jason Ding? Sorry. Chair Cox: Back to mute. Mr. Ding: (Inaudible). Chair Cox: We can’t really understand you. Mr. Ding: Hello? Can anybody hear me? Chair Cox: Yes, now we can. Mr. Ding: Should I call in? Chair Cox: No, we can hear you now. Are you representing the appellant? Mr. Ding: I am representing SPD ll Makaiwa Resort Development LLC. Chair Cox: Okay, please go ahead. Mr. Ding: I believe (inaudible) being in touch with the Planning (inaudible) as I understand the work on the side (inaudible) will be completed (inaudible) and then once… Chair Cox: Just a second Jason, you are some how not coming through clearly. I am wondering if you should call in so we can hear you. Mr. Ding: I will call in. 11 Chair Cox: Thank you. While we are waiting for Jason Ding to call in. Let me just remind you that we do have the option of going into an executive session if any of you feel that we needed to after we hear from Jason, and we have already heard from Director Hull. So just keep that in mind that its an option if necessary. Ms. Barzilai: Chair, Laura Barzilai, Deputy County Attorney. If I may, Mr. Dings arguments probably will be limited to why the Commission should or shouldn’t refer this matter to contested case, and not the substance of his appeal. I would just caution in that regard. Chair Cox: Thank you. That’s probably him, right? That phone call. Okay, thank you Mr. Ding. Just before you start, let me remind you that your comments should be limited to arguing why you should or shouldn’t refer, why this should not be referred to contested case, rather than the substance. Mr. Ding: Yes. Chair Cox: So, go ahead. Mr. Ding: Yes. So, I believe my attorney Cate Goodwin, from Goodsill Anderson has been in touch with the Planning Director’s Office. We have come to some kind of agreement to clean-up work and in order to remove the (inaudible) on both sides, the work actually started today. Chair Cox: Thank you. Any comments or questions from the Commissioners? Director Hull since you were contacted by this organization do you want to comment on what transpired? Mr. Hull: Yes, thank you, Chair. I will be brief. I think as Mr. Ding pointed out that they may have commence work today. if they have commenced work, the Department is still recommending that it be referred to a Hearings Officer to handle the proceedings. But if they have commenced work, the Departments primary concern is with compliance. So, if they have commenced work or commenced work shortly while we are going through the contested case process, we definitely would be open to a settlement agreement of reducing fines and just getting the site cleaned up of the violation. So, we hope that the work has commenced. We went out there last night, and we verified that no work has occurred. If that had happened, we would be requesting that you folks defer this item to allow for that work to continue. But because we are unable to verify as of last night, the Department position still is to refer to a hearings officer and again, it doesn’t foreclose on the ability for us to go into settlement agreements with the appellant. Chair Cox: Thank you for that clarification, Kaaina. Any comments or questions from any of the Commissioners for either Jason Ding or for Director Hull? Mr. Ako: Madame Chair, this is Gerald. So, the issue before us is regarding violations that occurred in the past as opposed to a remedy to fences that are up now? Because I think I am looking at it as if we are looking at the past, there is a violation of agreement already that needs to be addressed as well as I guess how do we fix it the issue moving forward? Chair Cox: So, my understanding of it is there is a violation then there was a second notice of violation, and nothing happened, and so now the Department is recommending that it go to 12 contested case because the applicant appealed. Laura, please correct me if I am wrong? Ms. Barzilai: Chair, that is the correct understanding. Chair Cox: Thank you. So, at this point what we are deciding is do we believe that it should go to contested case or not, as recommended by the Planning Department. Ms. Apisa: And again, just for clarity. I mean, the violation is putting up the dust screen without a permit. Chair Cox: Correct. Ms. Apisa: And the purpose of the dust screen was to keep out people from residing in there? Mr. Hull: I can clarify if you want? Chair Cox: Yes. Please do, Director Hull. Mr. Hull: Yes, so dust screens are generally a best manager practice part of development and larger scale developments to ensure that dust doesn’t escape and negatively impact surrounding properties. Generally, these things are seen as temporary in nature and don’t require permits, zoning permits per se, they just come as part of development. But that dust screen has been up for several years now, with no developments are occurring and because it is not in conjunction with any actual development, the Department has made the determination that it is a structure, and it necessitates a permit, and they don’t have a permit. Without the permit they are required to remove it. And so that why the violation was such an issue. Ms. Apisa: I would like to hear more from the applicant about why we got to this point. What are they doing, I heard they were doing something today or by next week? It was a little not clear? I would like to hear from the applicant what that was and what their plan is and why it has not been done to date? Mr. Ding: Is it my turn to speak? Sorry. Chair Cox: Yes, Mr. Ding, yes. Mr. Ding: Yes, so we received a notice, I want to answer your questions in two (2) folds. The first question is regards to to the status of the project, I will update you on there or we address this particular motion or the complaints regarding with the dust fence. We received the dust fence notice, and we answered the notice complied. And my attorney formally filed an appeal after we received the second letter. In between that, I believe we will come to an agreement or understanding or at least a verbal agreement in communication of what works need to be done to resolve the matter. The work was scheduled to start yesterday, because I was in transit to Kauai actually and physically adjacent to the site right now. And the contractor is starting today. They were waiting for me to be showing up sign up on paperwork and that is why they did not start yesterday. So, the contractor should be on site, I will double check once this meeting concludes but work my understanding will be here as scheduled (inaudible) after this meeting, the work will start 13 today. So that would complete this week, according to the agreement with the local contractors. So that is the status and then my attorney and local representative follow-up when the work is complete with the Planning Commission and Mr. Laureta, I believe who is the contact person, although we were trying to get a hold of Mr. Laureta, this past week, my attorney tried unsuccessfully to get a hold of Mr. Laureta, that being said, it is our intentions to complete the clean-up this week and that would be complete. In terms of the development status, this dust screen was constructed I believe in 20?... Ms. Barzilai: Excuse me, Madame Chair. I believe we are entering into the sustenance of the matter at this time, and this is not what is before you today. If you would like to comment? Thank you. Chair Cox: Yes, thank you. Remember that the issue that we are deciding now, is whether or not to send this to contested case. Mr. Ding: I will just answer your question. would you like me to give you an update on the permits or the plan for the property or should I stop? Chair Cox: I think at this point you should stop. I think you have given us enough information. Commissioner Apisa, are you okay with that? Ms. Apisa: I believe that is the proper protocol. Thank you. Chair Cox: Basically, what we are being asked to decide is given the fact that there was a notice given and a second notice given, and an opportunity to see if it could be settled without this and have work be done to take it down. We are at the point where it has not been so, we are now at the point where the recommendation of the Planning Department is to send it too the contested case. But as Director Hull has pointed out, if work is begun than there is a possibility of a settlement down the road. However, at this point, what we are being asked to do is, do we wish to approve the recommendation of the Planning Director to move it to contested case. Ms. Apisa: I’m still a little bit confused. I would like clarity like, what is being done? I need to know that in order to make a decision on this. We are saying… Mr. Ding: And also… Ms. Apisa: …being corrected? Does that mean the fence is coming down? Is the lot is being mowed? I am not sure what that means. Mr. Ding: And also, just for he records, the second notice, if you, I don’t know if you have it in front of you? That only start on 90 days period to complete the work. The second notice was technically received I believe at the end of the November, the 90 days, is not even halfway through 90 days. Chair Cox: Thank you, for that clarification. Donna, let me clarify again, right now, we know from Director Hull, that no work has been commenced as of last night. Now something maybe happening today, but we already have a second violation and the recommendation of Director Hull, 14 and the Planning Department is to go ahead to a contested case, because nothing has happened. Mr. Hull: If I could just add for clarification (inaudible) as far as the process. So, once we get an appeal and we recognize the appellant has not fully completed the 90 days, but the appellant’s formal appeal is required to be placed on the next Planning Commission Agenda. So, the second their attorney formally appeal our decision and action it needs to be placed on the Planning Commission agenda. And so, once we get especially when we get these enforcement appeals it is general protocol to send, to request you folks to send it over to a hearings officer to go through the whole legal proceedings of the appeals format. If the Commission, and I think to Commissioner Apisa’s point and question, is if the Commission doesn’t want to send it to a hearing’s office, then maybe in scheduling actual formal proceedings with the Planning Commission itself. Which sometimes can get sticky and sometimes can get very lengthy. And given these can be very lengthy, it’s just been the practice of the Commission to send these over to a hearings officer, but it is within the Commissions authority to handle to case itself, should the Commission so choose to. Ms. Apisa: Is it an option to defer this 30-days, to see what really happens? Mr. Hull: That is also definitely an option. Ms. Apisa: Now that the appellant is on island, it would be interesting to see what happens in the next 30-days or this week as he says it will happen. Mr. Hull: That is an option for the Commissioners could make. Ms. Otsuka: I had a question. When the first notice of violation went out, was it a known fact, who the owner of the property was? Or was it still unclear who was responsible for this job to remove the fence? Mr. Ding: We are still owner of this property. Ms. Otsuka: Okay, thank you. Chair Cox: Any other questions from the Commissioners? Mr. Ako: Madame Chair, I have a question for Director Hull, I think. You know, the fact that the developer pays to come into compliance, does that erase the violation that has occurred in the past? Or do you still need an agreement somehow to resolve this issue? Mr. Hull: They say they were cited for the dust fence and not having a permit. Say, they removed the dust fence or came into get a permit for the dust fence. That would absolve the violation itself, but there would be the matter of the fine we levied upon the landowner of ten thousand dollars (inaudible). Mr. Ako: Well, the violation from today forward, but from today, previous would still stand the violations and fines? Mr. Hull: The fine would stand, but we are not in the business of generating profit we use the fines 15 as a measure of compliance, and so if action happened relatively quickly, we would definitely be amenable and open to reducing the fine. Mr. Ako: Thank you. Chair Cox: And just for a little more clarification, Director Hull, that action could proceed if it goes to contested case as well as if we defer it, then nothing can happen, right? Until the next meeting? Thank you. Ms. Nogami-Streufert: But once we start down the road of contested case, we have than committed certain County funds to be utilized for that purpose, is that correct? Mr. Hull: The hearings officer is hired for the Commission when it refers these items over to a hearings officer. I will be honest, I have hope to have this settled before a hearings officer is even hired. But if (inaudible) happens then indeed it would commit to that hearings officer. Ms. Nogami-Streufert: So, if they get the work done this week, as Mr. Ding has said, “it will be done.” Then even if we refer it to a hearings officer that would be a mute, that it would stop at that point, is that correct? Ms. Barzilai: Madame Chair, its Laura. It can be dismissed if there is a resolution. Chair Cox: Thank you. Any other questions from the Commissioners? Are we ready to make a motion? Is someone ready to make a motion? Ms. Apisa: I would. I would like to make a motion to defer this for 30-days. I guess that is enough said, I mean I could add more to it, but I think that’s, I don’t think I need to offer my reasoning. But I would like to make a motion to defer this for 30-days and take it up around our meeting in February. Chair Cox: Is there a second for that motion? Ms. Otsuka: I second. Chair Cox: We have a motion and a second to defer this item to the next meeting which would be our February meeting. Is there any further discussion? Ms. Nogami-Streufert: Could I have a Mr. Hull, please? Is this something that you could, if we were to defer for 30-days, is this something that the Planning Department could accept? Mr. Hull: We are open to that, I think you know, we would prefer it be referred to a hearings officer, but we are open to a deferral as well. Mr. Ako: Madame Chair, I would like to comment on this. As much as I think you know, we could defer this matter further down the road, I think that if we have assigned it to Boards and Commissions and let it go to a hearings officer, if there is a resolution to this and the developer does come into compliance (inaudible) at some point to the contested. But if we go to the hearings 16 process right now, at least the process gets on the way (inaudible). That would be my comment. Chair Cox: Thank you, Commissioner Ako. Any other comments? I have to say I also agree with Commissioner Ako, that this sending it to a hearings officer will do two things. One, (inaudible) but it will also make clear we do want action right away. Whereas we defer it, you know, they already have had their two notices of violation, and nothing happened. So, for me it’s a little more pressure to yes, lets really moved forward on this in which case nobody I think wants to harm the appellant more then we just want compliance, I think is what really… Mr. Ding: Madame, I have a quick question on that, comment on that. Chair Cox: Yes. Mr. Ding: There wasn’t a compliance on the first, it wasn’t done by intention. Actually, we reached out if you read the first letter it’s all very specifically addressed the permit, and which is what I (inaudible) in that letter. And I reached out to Commissioner Planning Commission office to working out resolution on letter and no reply. I follow all the proper procedures until I received the second letter my attorney filed the formal appeal before if any dialog (inaudible). I have also reached out to Mike, Mr. Laureta, several times regarding the matter. He told me to call (inaudible) to schedule appointment. When I receive the first letter, I left several messages at Mr. Laureta’s office to schedule in person meeting to discuss the matter I don’t know (inaudible). So, no action between the first letter, and the second letter wasn’t done by my fault. Ever since I received the first letter, I have been trying to reach a resolution. Chair Cox: Thank you, Mr. Ding. Again, we don’t want to get to much in the weeds of the appeal, because we have the written appeal. Any further comments from the Commission? Any further discussion before we take a vote on the motion on the floor? Ms. Otsuka: As Director Hull mentioned, he would prefer not going through a hearings officer, so my thoughts is if we defer this to the next meeting it will give us a chance to see how far the…I’m sorry? Chair Cox: Either your frozen or I’m frozen. Ms. Otsuka: As Mr. Hull mentioned, he would not prefer us going through a hearings officer, so I feel if we deferred this to the next meeting in February it would give the appellant a chance to, we can see how far they progress in the removal and from there we maybe have a better idea of how to proceed. Chair Cox: Thank you, Commissioner Otsuka. Can I ask Director Hull for clarification because that was not my understanding? My understanding was that the position of the Department is still that they recommend going to a hearings officer. Could you clarify? Mr. Hull: Yes, Thanks Chair. Sorry, if there was some (inaudible) when speaking, but the Department’s preference is for it to move to a hearings officer already. I can respect Mr. Ding’s position and that he has reached out, but a side from the other two (2) notices that were issued several months of email communications were going on and I understand that there are issues with 17 foreclosure and what-not but beyond the two (2) notices, we have been in communications for several months. So, at this point, its having the formal proceeding is already set in motion we believe will further compel action if you will. Chair Cox: Thank you for the clarification. So, the position of the Department just to clarify is to, they are still recommending as we were told before the meeting, the recommendation is still to move it to a hearing’s officer. Okay? Any further discussions or questions? I guess we are ready to take a roll call vote and Laura, I don’t know, maybe you should be taking it, because it’s an appeal, is that correct? Ms. Barzilai: Sure. Chair Cox: Okay, that you. Ms. Barzilai: You are welcome. Roll call. Commissioner Ako? Mr. Ako: I will respectfully vote no. Ms. Barzilai: Commissioner Chiba? Mr. Chiba: No. Ms. Barzilai: Commissioner DeGracia? Mr. DeGracia: No. Ms. Barzilai: Commissioner Apisa? Ms. Apisa: Aye. Ms. Barzilai: Commissioner Otsuka? Ms. Otsuka: No. Can I say no being that I seconded? Chair Cox: Mm. Ms. Otsuka: Okay, No. Ms. Barzilai: Yes, you can vote no. Commissioner Streufert? Ms. Nogami-Streufert: No, with the hope that the actions get completed this week. Ms. Barzilai: Chair Cox? Chair Cox: No. Ms. Barzilai: The Motion does not pass, Chair. 6 Nays:1 Aye. 18 Chair Cox: Thank you. Is there a different motion that anyone would like to make? Ms. Nogami-Streufert: I move to refer this appeal filed as CC-2022-2 to the Boards and Commissions to conduct the required analysis and Contested Case Hearing and to appoint a Contested Case Hearing’s Officer. Chair Cox: Is there are second? Mr. Ako: I will second that motion. Chair Cox: Thank you. It’s been moved and seconded. Are there any further discussions? If not, I think we are ready for a roll call vote, again. Ms. Barzilai: Yes, Madame Chair. Commissioner Ako? Mr. Ako: Aye. Ms. Barzilai: Commissioner Chiba? Mr. Chiba: Aye. Ms. Barzilai: Commissioner Apisa? Ms. Apisa: 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 Cox? Chair Cox: Aye. Ms. Barzilai: The Motion carries unanimously, Chair. 7:0. Chair Cox: Thank you. 19 Request to Amend Special Management Area Use Permit SMA (U)-2005-04, Project Development Use Permit P.D U-2005-7, and Class IV Zoning Permit Z-IV-2005-7, Tax Map Key: (4) 2-1-010-062, CPRs 0001-0075, Port Allen, Kauai= Ahe Group. Mr. Hull: moving on to the next agenda item, Commissioners, we have Item J. 2, General Business Matters considering a Request to Amend Special Management Area Use Permit SMA (U)-2005-04, Project Development Use Permit P.D U-2005-7, and Class IV Zoning Permit Z-IV-2005-7, Tax Map Key: (4) 2-1-010-062, this is located at Port Allen, Kauai, the applicant is Ahe Group. And I will turn it over to Dale for the Report pertaining to this matter. Chair Cox: Thank you. Alright Dale. Staff Planner Dale Cua: Good morning, Chair, and members of the Planning Commission. Happy New Year. At this time, I would like to summarize and present the Director’s Report to you. What you have before you are a consideration of the applicant’s request to amend Condition No. 9 of the Special Management Use Permit, Project Development Use Permit and Class IV Zoning Permit to all completion of the project. 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: The Department’s evaluation and recommendation is continued in the Director’s Report and that concludes my Director’s Report. Chair Cox: Thank you, Dale. And I believe we have the applicant on the call, so would you like to speak? Ms. Makani Maeva: Yes, thank you. Good morning, Chair and good morning members of the Planning Commission. My name is Makani Maeva, I am the president of Ahe Group. I appreciate your time and consideration of our efforts here today. Ahe Group is an active affordable housing developer throughout Kauai. We have most recently completed a project that you also give your approval of, which is the Pua Loke Apartments by Pua Loke Park there behind the theatre. We completed it in December, sorry, October and we are 100% occupied. So, we offer at Ahe Group rentals for those who meet less than 60 % of the median income, we have an affordability restriction for 61 years, so it is long-term affordable rentals and at very low-income levels. This next effort at Kai Olino, unfortunately, was delayed because we did not receive the very competitive financing that we had hoped to receive in the February 2021 round. So, we applied in February 2021, we were informed in July that we were not a successful applicant. However, since that time, we have used all of our efforts to complete the building permit to finalize the environmental impact and environmental assessment which is necessary for the Section 8 vouchers that we will also be using. So, we believe our application this round in February 2022 will be extremely competitive. We will find out the results of our application in July and we have already entered into a construction contract, so we will be ready to go right away to start to build another very necessary affordable housing project. I am here and able to answer any questions that you might have and appreciate your time today. Thank you. 20 Chair Cox: Thank you very much. Commissioners, do you have questions for either Dale or the applicant? Ms. Nogami-Streufert: Yes, I do if could. Ms. Maeva, is that correct? If I’ve mispronounced your name, I apologize. Ms. Maeva: That is fine. Ms. Nogami-Streufert: You said that you were going to be applying for these loans, in February you expect to have the results back in July and hopefully that will be positive. But in the year and a half can you actually complete everything? Or is this a two-year extension? (Inaudible) is just a bridge to another one? Ms. Maeva: Oh no. I think we have a sufficient amount of time, we have 11-months of construction, so we have our building permits and our construction contract, and we’ll have to start right away. I think we will have more then enough time, we have about a 6-month cushion there. Things just sometimes take a little longer, but we are very optimistic that we will be able to achieve this, and we will be back before you in two-years. Ms. Nogami-Streufert: That was not the intent the intent was just to ensure that you (inaudible) adequate time? Ms. Maeva: Yes, yes. I think its fine you know; we really are very far along on this project, so we hope that Hawaii Housing Finance Development Corporation sees clear to award our project this year. Ms. Nogami-Streufert: Great, thank you. Chair Cox: Any other questions? In that case, Dale could you go ahead with the recommendation. Mr. Cua: Absolutely. Moving on to the recommendation it is recommended that the Planning Commission approve the extension of time, to allow completion of the multi-family development of the project and that the applicant be subjected to the applicable requirements. Furthermore, Condition No. 9, Special Management Area Use Permit SMA (U) 2005—04, Project Development Use Permit P.D. U-2005-7, and Class IV Zoning Permit Z-IV-2005-7, be amended to read as follows: Condition No. 9. The applicant shall substantially commence construction of the project development within one-year from the date of approval, from the date of full approval therein shall complete construction of the project development by February 22, 2024. Furthermore, applicant is advised that all applicable conditions of approval shall remain in effect. Chair Cox: Thank you. Any further questions? Or there someone ready to make a motion? Mr. DeGracia: Commissioner Cox, this is Commissioner DeGracia. Chair Cox, I just have one comment, I would just like to add in. I’d like to applaud Ahe’s Groups use of local contractors and workers on the island. I think that is very important for the construction industry. Thank you. Ms. Maeva: Thank you. 21 Chair Cox: Yes, I would agree with that. Thank you, Commissioner DeGracia. Any other questions? Donna? Looks like you muted. Ms. Apisa: Thank you, I whole heartedly agree with that also. A this doesn’t pertain to this directly to the vote here, but I am curious of how they sixty-one-year affordability was achieved? I think that’s wonderful I mean; I am a very big supporter of affordable housing, and I would love to see it forever affordable. I am just curious of how the sixty-one-years was (inaudible). Ms. Maeva: So, the sixty-one-years is a standard element of the low-income housing tax credit program. So that is a program that we use to raise equity to build this affordable housing. In exchange for this type of program we agree to long-term affordability. Ms. Apisa: Thank you. Chair Cox: Any other questions? Are we ready for a motion? Ms. Nogami-Streufert: I move to approve the extension of time to allow the completion of the multi-family development of the (inaudible) such that Condition No. 9 of the Special Management Use Area Permit SMA U-2005-04, Project Development Use Permit P.D. U-2005-7, and Class IV Zoning Permit Z-IV-2005-7, be amended to read as follows: (Inaudible) shall commence construction of the development of the project within one-year from date of full approval and they shall complete construction of the project development by February 22, 2024, and that the applicant is advised that all applicable Conditions shall remain in effect. Chair Cox: Thank you. Do we have a second? Ms. Otsuka: I second. Chair Cox: We have a motion and a second. Any further discussion? I believe we are ready for a roll call vote. Mr. Hull: Roll call for a motion to approve as recommended, Madame Chair. Commissioner Ako? Mr. Ako: Aye. Mr. Hull: Commissioner Apisa? Ms. Apisa: Aye. Mr. Hull: Commissioner Chiba? Mr. Chiba: Aye. Mr. Hull: Commissioner DeGracia? Mr. DeGracia: Aye. 22 Mr. Hull: Commissioner Otsuka? Ms. Otsuka: Aye. Mr. Hull: Commissioner Streufert? Ms. Nogami-Streufert: Aye. Mr. Hull: Chair Cox. Chair Cox: Aye. I just want to thank you for working on affordable housing, it is so important. Thank you. Motion passes 7:0. Ms. Maeva: Thank you. COMMUNICATION. Mr. Hull: Moving on to the next agenda item, we have no further Communications. COMMITTEE REPORTS. Subdivision Mr. Hull: We will go into agenda Item L, Subdivision Committee Report, I'll turn it over to Vice Chair DeGracia who formally Chaired the last Subdivision Commission Committee meeting, so Vice Chair DeGracia. Mr. DeGracia: Thank you, for the Subdivision Committee Meeting there were three Commissioners in attendance. There was Commissioner Ako, Commissioner Chiba, and myself. There were two items on the agenda. I guess Tentative Subdivision application No. S- 2022-6 Kukui’ula Development Co., LLC, it was approved. Also, Tentative Subdivision application No. S-2022-7 for Tink Tank, LLC was also approved. That concludes my report. Chair Cox: Thank you, Commissioner DeGracia. Can we have a motion to accept the Report? Ms. Apisa: I move to accept the Subdivision Report as presented. Chair Cox: Is there a second? Ms. Otsuka: I second. Chair Cox: It’s been moved and seconded. I think we can just do a voice vote, so all those in favor? Aye. (Unanimous voice vote). Any opposed? Any abstentions? Hearing none. We have accepted the report. Motion carried 7:0. Thank you. Kaaina? UNFINISHED BUSINESS (For Action) NEW BUSINESS (For Action) 23 ANNOUNCEMENTS Topics for Future Meetings The following regularly scheduled Planning Commission meeting will be held at 9:00 a.m., or shortly thereafter on February 8,2022. 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: That kind of raps it up for the agenda, Chair. We will move on to Agenda Item O Announcements, topics for future meetings, the coming up in the upcoming February meeting, we have couple use permits. One, for some airport sign work being done at Hanapepe as well as a helicopter application. We do have let’s say, for the next series of meetings, and we still plan on having meeting just once a month at this point. But starting in March the Commission will be receiving several zoning amendments or bills that will be kind of towards Council. The first set of bills will primarily be clean-up bills. Things like warehouses in the commercial district that are somewhat redundant in the table and road widening agreements that aren’t really necessary for ADU development, so a while there is clean-up in the beginning for the first months of March and April and then coming in May, June, and July we will actually be having some substantive bills coming before the Commission. Some related to vacation rental operations, some related to the definitions of the CZO, definitions as listed in the CZO and then moving on to some sea level rise regulations as well. With that I will also mention, Shanlee folks as well as Jodi, will be in touch with you individually, to do the Ka Pa akai training that we are precuring a contractor to do. She will be doing a staff training and she will also be doing a commission level training, but Jodi and Shanlee will get together with you folks to kind of schedule that. And with that, is there any questions on future topics or individual Commissioner’s want us to look at additional items, please just reach out and let us know. Chair Cox: Okay, thank you. It sounds like we are going to be busy. Ms. Apisa: A question? Kaaina, just to confirm that I can delete January 25th from the calendar? Mr. Hull: Yes, I can say that for the January and February we can say there will be only two meetings, excuse me, one meeting per month. So, the next scheduled meeting will be February 8th at 9:00 a.m. and shortly thereafter and that one is anticipated to be a teleconference meeting as well. Chair Cox: Thank you. Okay, so I think we are at the point where we could adjourn, is that correct? Yes. So, would somebody like to move that we adjourn? ADJOURNMENT Chair Cox: Thank you. Okay, so I think we are at the point where we could adjourn, is that correct? Yes. So, would somebody like to move that we adjourn? Ms. Apisa: I would just like to say, good job, Chair Cox and I move to adjourn. Chair Cox: Thank you. Is there a second? Ms. Nogami-Streufert: Second. 24 Chair Cox: I don’t think we need to do a roll call here. All those in favor? Aye. (Unanimous voice vote). Any opposed? It looks like we can adjourn. Motion Carried. 7:0. Thank you all. Chair Apisa: adjourned the meeting at 10:21 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. 25 1 KAUA‘I PLANNING COMMISSION REGULAR MEETING February 08, 2022 Draft The regular meeting of the Planning Commission of the County of Kaua‘i was called to order by Chair Cox at 10:03 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, Kenny Estes, Romio Idica, and Planning Commission Secretary Shanlee Jimenez; Office of the County Attorney – Deputy County Attorney Laura Barzilai, 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 Cox Called the meeting to order at 10:03 a.m. ROLL CALL Planning Director Kaaina Hull: We will move right into the Planning Commission Meeting whenever Chair Cox is ready. I believe we have the rest of the Commissioners present. Chair Cox. Chair Cox I’m ready. Mr. Hull: All right, this meeting is called to order. Roll call, Commissioner Ako? Mr. Ako: Here and by myself. Mr. Hull: Commissioner Apisa? Commissioner Apisa, I think you are muted. Ms. Apisa: (inaudible). 2 Mr. Hull: Commissioner Chiba? Mr. Chiba: Here and 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 Cox? Chair Cox Here and by myself. Mr. Hull: Thank you, Madam Chair, we have a quorum. Seven Present. APPROVAL OF AGENDA Mr. Hull: The first order of business, Madame Chair is the approval of the agenda. The Department has no recommended changes to the agenda. Ms. Nogami-Streufert: I move to approve the agenda. Chair Cox: Is there a second? Mr. Chiba: I second. Chair Cox: Thank you. It’s been moved and seconded to approve the agenda. 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, we have the minutes. We have the Meeting Minutes for the September 28, 201 and October 12, 2021, Planning Commission Meeting. Chair Cox: Is there any discussion or any concerns with the Minutes? If not, I would entertain a motion to approve the Minutes. 3 Ms. Otsuka: Motion to approve the Minutes for the September 28, 2021, and October 12, 2021, Planning Commission Meeting. Mr. Chiba: I second. Chair Cox: Thank you. It’s been moved and seconded to approve to approve the Minutes of the September 28th and October 12th. Are there any discussions? Hearing none again, I think we can just do a voice vote. All those in favor? Aye. (Unanimous voice vote). Any opposed? Hearing none. Motion Carried. 7:0. RECEIPT OF ITEMS FOR THE RECORD (None) Mr. Hull: There are no Receipt of Items for the Record. HEARINGS AND PUBLIC COMMENT Mr. Hull: Next, we have the Hearings and Public Comments. At this time, I will ask Jodi to let in any of the attendees who are participating in this meeting, to see if they have any testimony for any of the agenda items today. Deputy Planning Director Jodi Higuchi Sayegusa: At this time, there are no registered speakers on the list requesting any particular item, but I will just ask whether any members of the public, any attendees, or even the panelists, whether you folks wanted to testify. Please raise your virtual hand. I am not seeing anyone in the virtual meeting raising their hand at this point to testify. Chair Cox: We are getting a lot of background noise. I don’t know where it is coming from. Ms. Higuchi Sayegusa: Yes. I think my Zoom feed is a little jumbled right now. Chair Cox: Okay. Ms. Higuchi Sayegusa: Yes. Apologies. The speakers are all speaking at once, I’m okay (inaudible). Sorry about that, but again, if we could do a last call if there are other testifiers. It doesn’t appear that there are any testifiers. Chair Cox: Okay, thanks, Jodi. Continued Agency Hearing New Agency Hearing CLASS IV ZONING PERMIT (Z-IV-2022-4) and USE PERMIT (U-2022-4) to allow construction of a new tour/administration and repair facility, aircraft hangar and associated improvements on a parcel located along the makai side of Ahukini Road in Lihue, situated approximately ½-mile north of the Lihue Airport Terminal, further identified as Tax Map Key: 3-5-001:008, and affecting a portion of a larger parcel containing 720.974 acres = Airbourne Aviation, Inc. [Director’s report received, 1/25/2022]. 4 Mr. Hull: Moving on, we are on New Agency Hearing, I believe it is 2.a, CLASS IV ZONING PERMIT (Z-IV-2022-4) and USE PERMIT (U-2022-4) to allow construction of a new tour/administration and repair facility, aircraft hangar and associated improvements on a parcel located along the makai side of Ahukini Road in Lihue, situated approximately ½-mile north of the Lihue Airport Terminal, further identified as Tax Map Key: 3-5-001:008, and affecting a portion of a larger parcel containing 720.974 acres, the applicant is Airbourne Aviation, Inc. We have no testimonies received during the previous time, but at his time, if there is anybody that would like to speak on the Airbourne Aviation application please, as a panelist or as an attendee, raise your hand. Seeing none. The Department would recommend closing the Agency Hearing. Deputy County Attorney Ms. Laura Barzilai: Madame Chair, we need a motion. Chair Cox: Could we have a motion to close the Agency Hearing. Ms. Apisa: I make a motion to close the Agency Hearing. Chair Cox: Is there a second? Ms. Otsuka: Second. Chair Cox: All those in favor? Aye. (Unanimous voice vote). Any opposed? Hearing none. Motion Carried. 7:0. Mr. Hull: With that we will jump directly to the Departments review analysis and the applicant’s response and presentation. So, I will turn it over to Dale for the Director’s Report pertaining to this matter. Staff Planner Dale Cua: Good morning, Madame Chair and Members of the Planning Commission. At this time, I would like to through my Director’s Report and summarize the highlights. 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: At this time, the Department has not received any agency comments. However, we will be incorporating these requirements as they come into the Department. That concludes the Departments findings for the project. Chair Cox: Thank you Dale. Are there any questions for the Department or for Dale? Hearing none. Do we have someone from the applicant to speak? Mr. Ian Jung: Good morning, Commissioners, Ian Jung on behalf of the applicant Airbourne Aviation, Inc. With me, to answer any questions is Dee Miranda who’s the president, as well as Brandon Miranda, who is in charge of operations. Chair Cox: Thank you. 5 Mr. Jung: Yes. So, I think the Director’s Report summarized the application in general. One of the things I would like to note, is that we are on State of Hawaii, Department of Transportation Land and Jurisdiction. So, as a part of the 30-year lease that was issued as part of this application, we are required to obligated to comply with zoning requirements and that is why we are here before this commission. The Use has been on-going, it’s just a three-dimensional structure as proposed for the hangar and office, waiting room and all that. It is in the Special Treatment Public District Density for the Use Permit, and Class IV Zoning Permit. I can answer any questions as to the use and building related items that the commission may have, but I have on here both Dee and Brandon, that can address any of the operational issues that the commission may have questions on. So, we will leave it to you folks to ask any questions or if you need additional information, we are happy to provide it. Chair Cox: Thank you, Ian. Any questions? Ms. Nogami-Streufert: Yes. I do have a couple of, am I on mute? I am not sure where I am. Chair Cox: No, you are fine. Ms. Nogami-Streufert: I have a couple of questions on this. Is this an existing helicopter tour company, is this correct? Mr. Jung: Yes, I’ll let Brandon and Dee jump into this with a little more detail, but yes, it’s existing. The focus of their primary operations is to assist utility operation companies, search, and rescue, as well as construction companies and conservation efforts. The air tour component is something that was relatively new to this operator that they recently got approval for, but Brandon do you want to jump into the specks of your operation. Mr. Brandon Miranda: Good morning, Commissioner’s. Yes, a little bit of history on Airbourne Aviation. We came in as a basically a utility company. We assist, we operate the Air 1 helicopter, the County helicopter. Our company does the pilots as well as the maintenance on Air 1, and we also do a lot of the utility work for Kauai Island Utility Corporation (KIUC), and all the Departments bringing in extracting and people into the mountains was our number source of operations that we did. We expanded into the tour side of things just because of the fact, that we are somewhat leveraged by another operator that had the ability to do both tours and utility work. And it was bringing the cost down for us as it was not sustainable for us to manage operations within the capacity of what is needed. So, we did file and went through the whole state process with Department of Land and Natural Resources (DLNR) and got approval through them, and this kind of leveled the playing field in our operation. Our number one focus is on the operations of utility work that’s the type of aircrafts we have. We also, extended the growth of our facility for the purposes of filing for Parts 145, which is an aviation’s mechanic shop. There is none on the island at this point that holds that certificate. So that specific hangar that we are building is within the airport’s limitation and not outside in the tour operator’s area. So, idea is to open and facilitate aviation mechanics and support as well. That is why we are in a specific lease which is an FBO, which is a Fixed Based Operator, because it would be in conjunction and use for additional operations as well as our own. Ms. Nogami-Streufert: In one portion you also say that you are going to be doing some pilot 6 training? Mr. Miranda: Our goal is to eventually grow that into some kind of a school or something to that matter. We are trying to be well versed and not just one operation. So, that is our ultimate plan, to grow into something where we can also support the community in that fashion as well. Ms. Nogami-Streufert: And how, what kind of pilot training are you planning on, we have got so many operations down there. Is that a security issue, not a security a safety issue to be doing pilot training at the same place where you are having lots of operations and it’s our only airport? Mr. Miranda: Well, everything is restrictive upon the airports and all that stuff. So, whatever is approved by the airport is what we will follow. So, it is not something that we will start on our own, we will have to get all the approvals, we must get certain permit requirements to be able to qualify. So, there is going to be a restricted plan of how the operation can be, it’s not just we just start teaching people how to fly and just open our doors, so it’s all a process that needs to be done under certain protocols. Ms. Dee Miranda: It’s regulated by the State and DOT, Department of Transportation as to what they will allow within the facility and with approval through the DOT management. Ms. Nogami-Streufert: Okay, thank you. Chair Cox: Questions from any of the other commissioners? Hearing none. I guess we are ready for you Dale, for you to give us the Departments recommendation. Mr. Cua: Okay, you got it. Moving on to the recommendations, there are a total of eleven (11) Conditions that is being recommended by the Department. Would you like me to reads the Conditions or do you have any questions about any of the conditions? Either way, works for me. Ms. Nogami-Streufert: If I could ask one more question, it’s not a question but there is a 30-year lease, from the Department, approval from the Department of Transportation. If we do a zoning approval that is in perpetuity, yet, this lease is only for 30-years, is there some way to combine or to limit the zoning to the lease? Because if we don’t, this will be that forever even though lease will expire. Mr. Hull: Well, the Commission cannot tie explicitly a zoning approval to say a tenant. Or say, you cannot do it to a tenant as it runs with the land, so it doesn’t run with a person or operation. But a time frame could be imposed as a Condition of approval that allows up to the same time frame as the lease, let’s say a 30-year window of entitlement to have this Use Permit, excuse me, Class IV Zoning permit. Ms. Nogami-Streufert: Which would not person specific but would be for that particular permit. Mr. Hull: Right. Ms. Nogami-Streufert: Is there such language that could be put in there as a Condition of approval for this? 7 Mr. Hull: Yes. I kind of have something here I’m typing up addressing to discuss and receive of the applicant. The term, well the Condition could read, “The term of this permit shall run concurrent with the State Use DOT A 20-007, which is set to expire on February 28, 20 (inaudible). If the applicant requests an extension to the lease and this permit prior to the expiration of term, the applicant shall submit an update to the Planning Commission noting operational changes to conform to the updates to the master plan. The Planning Commission may extend this permit upon its showing that the applicant establishes compliance with the updates to the master plan provided further during the leases term the applicant shall seek to incorporate policies of any future update to the master plan into the applicants’ operations.” The Department would amend if the applicants were amendable and consents to it, the Department would amend our Conditions of approval to incorporate that as a final Condition of approval. Mr. Jung: This is Ian Jung on behalf of the applicant. We are amendable to that type of Condition, to get an extension, we would have to go back before the Board of Land and Natural Resources, and we are happy to pay the Planning Commission at the time, a visit as well to give any update or whatnot that maybe necessary for any future DOT plans that are in place. So, we are okay with that type of Condition. Ms. Nogami-Streufert: I would ask that that Condition be added as an amendment to report. Mr. Hull: Yes, Commissioner Streufert, with the applicant’s consent the Department amends orally a report to that Condition of approval. Ms. Nogami-Streufert: Okay. So that if we take a vote now that would include that amendment? Mr. Hull: Correct. Ms. Nogami-Streufert: Thank you. Chair Cox: Okay, back to Dale, who was going to give us the recommendations. Does anybody feel they need to hear all the Conditions and for him to read them? Or do you want to just ask questions? Okay, nobody is asking for them to be read so, just give us your recommendations Dale, and when we get to the vote, we will know that our vote is going to include that orally amended Condition. Dale, please go ahead and give us our recommendation. Mr. Cua: Sure. The recommendation based of the forgoing evaluation and conclusion it is hereby recommended that Class IV Zoning Permit Z-IV-2022-4 and Use Permit U-2022-4 be approved subject to the following Conditions as previously discussed the Department initially recommending a total of eleven (11) Conditions and after a thorough discussion there is an inclusion of a twelfth (12) Condition. Chair Cox: Thank you, Dale. Are there any questions? Are we ready for a motion? Ms. Nogami-Streufert: I move to approve Class IV Zoning Permit Z-IV-2022-4 and Use Permit U- 2022-4. 8 Ms. Otsuka: Second. Chair Cox: It’s been moved to approve Class IV Zoning Permit Z-IV-2022-4 and Use Permit U- 2022-4. I will just again, reiterate that this is with the Condition already stated and the Condition add to the floor today. Any final questions before we vote? Okay, roll call vote, Kaaina. Mr. Hull: Roll call, Madam Chair, for a motion to approve. Commissioner Ako. Mr. Ako: Aye. Mr. Hull: Commissioner Apisa. Ms. Apisa: Aye. Mr. Hull: Commissioner Chiba. Mr. Chiba: 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 Cox. Chair Cox: Aye. Mr. Hull: Motion passes, Madame Chair. Motion Carried 7:0. Mr. Jung: Thank you. Mr. Miranda: Thank you very much. New Agency Hearing AMENDMENT TO SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2001-2), to allow construction of a boat storage building on a parcel situated at the terminus of Kukuna Road in Aliomanu, further identified as 5171 Kukuna Road, Tax Map Key: 4-9-005:005, containing a total area of 8.142 acres = Richard Hill. 9 Mr. Hull: Moving on to Agency Hearing. At this time, the Department would recommend closing the Agency Hearing 2.b, Amendment to Special Management Area Use Permit (SMA(U)-2001-2), to allow construction of a boat storage building on a parcel situated at the terminus of Kukuna Road in Aliomanu, further identified as 5171 Kukuna Road, Tax Map Key: 4-9-005:005, containing a total area of 8.142 acres and the applicant is Richard Hill. At this it is an Agency Hearing so, nobody signed up to testify during the public hearing portion. Anybody in the panel or as well as any attendees, please indicate so by raising your digital Zoom hand. Seeing none. The Department would recommend closing the Agency Hearing. Chair Cox: Do we have a motion to close this Agency Hearing? Ms. Apisa: I move to close the Agency Hearing. Ms. Nogami-Streufert: I second. Chair Cox: Thank you. It’s been moved and seconded to close the Agency Hearing. All those in favor say, aye? Aye. (Unanimous voice vote). That was a very ragged aye. Any opposed? Hearing none. We have closed the Agency Hearing and ready to move on. Motion Carried. 7:0. Mr. Hull: Moving on to the same item, I will turn it over to Romio for the Director’s Report and the Applicant’s presentation to follow, so Romio. Staff Planner Romio Idica: Aloha. Good morning, Madame Chair. Good morning, Commissioners for your consideration an amendment to Special Management Area Use Permit (SMA(U)-2001-2). Mr. Idica 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. Idica: So that pretty much concludes my summary of the Director’s Report. Any questions for myself or the applicant? Chair Cox: Thank you, Romio. Any questions for Romio? Ms. Nogami-Streufert: Yes, Romio. As I looked at some of the diagrams that was provided with this, the is being used as a garage, a three (3) car garage, is that correct? Mr. Idica: Yes, it’s going to be used as a boat storage. Ms. Nogami-Streufert: No. The new one is but the one that is currently there. Mr. Idica: Oh, the one that is currently there, yes. Ms. Nogami-Streufert: It’s supposed to be a barn, but it is used as a garage? Mr. Idica: That one, we can probably get some clarification from the owners I believe probably, yes, we could have some clarification from the applicant on the existing use of that structure. 10 Mr. Jon Kegle: Yes. Hi, this is Jon Kegle. I am the architect for the project and here on behalf of Mr. Hill the owner. The current barn in reference here that we a proposing to add on to is kind of a multi-use building in a way. It is three (3) stories with a basement that houses a bunch of mechanical equipment, hot water systems, air conditioning systems for the property. The main level is kind of shown as a garage on my drawings, and they are using it as such as well as for equipment storage. They have got like a lawn tracker and some yard equipment, maintenance equipment in there, and then the upper level is sort of a management area for the caretaker just for him to keep record and such for the property. So that’s the current use of the building, and then our proposal is to attach on to that mechanical level the basement of the existing barn. Chair Cox: Thank you. Any further questions? Did you get your question answered, Glenda? Ms. Nogami-Streufert: Yes, I’m just wondering about how a barn can be a garage for three cars and it looks like a small tractor. But I don’t know if we have a definition for what a barn is supposed (inaudible). Thank you for the information. Chair Cox: Any other questions? I guess since we have already started questioning the applicant. Jon, do you have anything else you would like to add before we ask you more questions? Mr. Kegle: No. I am you know, here to answer and be as helpful as I can in making sure everybody has a clear understanding of the proposal. Chair Cox: Okay. In that case, any questions for either Romio or Jon or the applicant? Mr. DeGracia: Chair Cox. This is Commissioner DeGracia. I have a question for the applicant. Chair Cox: Okay. Go ahead. Mr. DeGracia: Jon, on that Ka Pa`akai o Ka `aina Analysis I noticed that there were several organizations that was, that you reached out to, but there were a few that according to what I have in front of me, that there was not much reply for three of the organizations of the four. I was just wondering if there were attempts made to further reach out pass the November 9th date. Mr. Kegle: You know, as I kind of outlined in my report there, I did reach out to State Historic Preservation, Queen Deborah Kapule, Civic Club, Office of Hawaiian Affairs, and Surf Riders Foundation. I sent them via email basically the same report that I have submitted to the Planning Commission here. They only person who returned with a phone call was Queen Deborah Kapule, and that was Alberta Abao, and she and I had a very pleasant conversation for about 45 minutes. It was a lot of talk story and at the end of it her concern kind of came down to whether we were impeding any public beach access, which we are not. You know, there are public beach access at each side of the property, but none through the property. As I followed up, I played phone tag a little bit with Councilman Kipukai Kuali’i, but never established full contact, kind of exchanged phone calls a handful of time. And yeah, nobody else really called back. I spoke directly with David Buckley at Island Burial Council and sent him everything and talk to him directly. And after assuming he reviewed the project he never returned with any questions or comments or anything. So, I did a kind of initial outreach and follow up with each of these groups and nobody responded. 11 Mr. DeGracia: Thank you. Chair Cox: Any further questions? If not, we are ready to hear from Romio with the Department’s recommendations. Mr. Idica: Based on the forgoing evaluation and conclusion it is hereby recommended the Amendment to Special Management Area Use Permit (SMA(U)-2001-2), to be approved with the following Conditions of approval within the Director’s Report. Chair Cox: Any further questions? Or are we ready to entertain a motion? Looks like we are ready to make a motion, can someone make a motion? Ms. Nogami-Streufert: Could I ask another question before we go into this motion? Chair Cox: Yes, Glenda. Ms. Nogami-Streufert: This is an agricultural property, is this correct? It’s zoned agriculture but it’s a, there asking for a permit to improve or to expand their barn, but it’s with a boathouse. Is that an appropriate expansion of a barn? I guess it’s a question for I guess the Department. Mr. Hull: Yes, it is a fair point, Commissioner Streufert. Generally, when looking at use permit applications in the agricultural districts, what the Department and Commission looks for is an agricultural nexus component to a proposal. This is not a use permit application in the same way, it’s a different use that’s above and beyond agriculture. It’s an SMA permit that is looking at essentially, a personal use, which to have a house in the agricultural district, the owner has to sign a farm dwelling agreement that necessitates that owner to farm the property. But in the same way that the farm dwelling agreement has to farm, I mean not in the same way, but on the side of having a resident farm a property they also are allowed to have accessory uses that are accessory to the residential use. So, if somebody wanted to put, right like a jungle gym for their kids to play at their farm dwelling, where there is no nexus between the jungle gym and the farm it is considered an accessory to the residential use of the farm area. So, there are requirements for them to farm, but having accessory use to the units, the Department doesn’t usually make that same analysis. Ms. Nogami-Streufert: Thank you. Chair Cox: Thank you, that was good clarification. Are we now ready for a motion? Or are there further questions? Can I entertain a motion to either approve or deny or amend our Special Management Area Use Permit (SMA(U) -2001-2)? Ms. Apisa: I make a motion to approve the Amendment to Special Management Area Use Permit (SMA(U) -2001-2), to allow construction of a boat storage building on a parcel situated at the terminus of Kukuna Road in Aliomanu. Chair Cox: Thank you, is there a second? Mr. Chiba: I second. 12 Chair Cox: It’s been moved and seconded to approve the Amendment to Special Management Area Use Permit (SMA(U) -2001-2). Any further or final questions or discussion? Hearing none. We are ready to do a roll call vote, Kaaina. Mr. Hull: Roll call on motion to approve. Commissioner Ako? Mr. Ako: Aye. Mr. Hull: Commissioner Apisa? Ms. Apisa: Aye. Mr. Hull: Commissioner Chiba? Mr. Chiba: Aye. Mr. Hull: Commissioner Cox? Ms. Cox: Aye. Mr. Hull: Commissioner DeGracia? Mr. DeGracia: Nay. Mr. Hull: Commissioner Otsuka? Ms. Otsuka: Aye. Mr. Hull: Commissioner Streufert? Ms. Nogami Streufert: Nay. Chair Cox: Aye. Mr. Hull: Motion passes. Madam Chair. Motion Carried 5 Ayes: 2 Nays. Chair Cox: Thank you. CLASS IV ZONING PERMIT (Z-IV-2022-5) and USE PERMIT (U-2005-5) to allow installation of interpretive signage and associated site improvements at the Hanapepe Town Park & Playground facility in Hanapepe, along the western side of Kona Road and immediately adjacent to the Hanapepe Fire Station, further identified as Tax Map Key: (4) 1- 9-005:048 and containing a total area of 45,600 square feet = State of Hawaii, Department of Transportation. Mr. Hull: Moving on to the next Agenda Item is Agency Hearing for CLASS IV ZONING PERMIT (Z-IV-2022-5) and USE PERMIT (U-2002-5) to allow installation of interpretive signage and associated site improvements at the Hanapepe Town Park & Playground facility in Hanapepe, along 13 the western side of Kona Road and immediately adjacent to the Hanapepe Fire Station, further identified as Tax Map Key: (4) 1-9-005:048 and containing a total area of 45,600 square feet. The applicant is the State of Hawaii, Department of Transportation. This is the Agency Hearing, no public testimonies were submitted, but I will make a call for anybody within the panelist or the attendees, if you would like to participate in this hearing, please indicate by raising your digital Zoom hand, please. Seeing none. The Department would recommend closing the Agency Hearing. Chair Cox: May I have a motion to close the Agency Hearing. Ms. Otsuka: I motion to close the Agency Hearing. Ms. Nogami-Streufert: I second. Chair Cox: It’s been moved and seconded to close the Agency Hearing. I think we could just do a voice vote. All those in favor say, aye? Aye. (Unanimous voice vote). All those opposed. Hearing none. Motion Carried. 7:0. Chair Cox announced that the Agency Hearing in closed. Mr. Hull: With that we will move directly into the same business matter, and I will turn it over to Dale for the Director’s Report and then the applicant for their presentation. Dale. Staff Planner Dale Cua: Good morning. Commission Members. We will move on to the project description and use of the project of the Director’s Report. 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: On the Agency comments we have not received them, but these requirements will be incorporated into the recommendation of the Director’s Report. Moving on to some of the Findings, the park is immediately adjacent and mauka of the Hanapepe Fire Station. Primary access to the project site is along Kona Road, which is a County Roadway. The project itself complies with the development standards specified in the CZO. As far as parking, there is existing public parking along the shoulder area along Kona Road. And that pretty much concludes the Director’s Report. Chair Cox: Thank you, Dale. Any questions for Dale? Do we have someone representing the applicant that would like to speak about the project? Mr. Lawrence Dill: Yes, good morning, Chair Cox, and members of the Planning Commission. Thank you for your time this morning to look at our permit applications. My name is Larry Dill, I am the Kauai District Engineer for the Highway’s Division of the Hawaii Division of Transportation. This permit before you today, is for the kiosk that is a portion of our Hanapepe Bridge project. Hanapepe Bridge was done as part of a partnership agreement between DOT and the Federal Highway Administration. The Federal Highway Administration managed that project for us so on the call today, we have Andrew (inaudible), Federal Highways Central Federal Lands and their environmental consultant from Jacobs, Nancy Nishikawa. I don’t have anything to add to 14 the report, thank you to the Planning Department. And we are in agreement with the recommendations of that report, and between Andrew, Nancy and I we will try to respond to any questions you may have. Chair Cox: Any questions from any of the Commissioners? Ms. Nogami-Streufert: Yes. Good morning, Larry, this is Glenda. Was there any other site that was possibly considered for this signage or was this the only site? Mr. Dill: There was some other locations that we looked at and maybe I will ask Nancy if she can speak to that one, please. Ms. Nancy Nishikawa: Good morning, this is Nancy Nishikawa with Jacobs. We did look at several alternative locations including shoulder space near the bridge. Both are on the east and west approaches to the bridge, but those areas did not provide a safe enough area for people to pull over and to look at signs. We also, looked at Hanapepe Library was too far, Hanapepe Stadium also a little bit to far. This area turned out to be the most favorable, and we also had a public meeting in February of 2019, with members of the community, this was held at the library, and we had about 45 members of the community there, and that provided an opportunity review some of these alternative sites and give feedback. The people who attended the meeting were generally in favor of the Hanapepe Park location, and so we went with that alternative. Ms. Nogami-Streufert: And the reason for asking this is because the Hanapepe Library is right across the street from this park. And this is going to, the signage is, I have no problems with it with the input in terms of the content of it because that is what I have read here in your report, is that there was a lot of input on the content, and they were in agreement with the content. There is nothing about the location so I was concerned about that, because it will take away according to the dimensions that were in the report about 500 square feet from a playground and a public park area, which is now used for a children’s playground as well as a sunshine market. So, the question is really about is their no other alternative, since I think that is the only park for kids that is mauka of Kaumuali’i Highway. But I may be wrong, there may be another one, but I don’t know about it, a to take away there may be another one, but I don’t know it, as this is the area that I frequent often and it seems to me to take away space from kids, if there is another alternative which is safe. I understand that at the bridges it is not a safe place that was never a consideration, but if there was a place that will not take away from the kids and it will also be not very much further from the bridge, because right now, it is not co-located with the bridge anyway. So, if it is across the street from this park, which is not any further from the park from the bridge where the park is, I am not sure way that was not considered. If you are saying that the community has responded and they do not have a problem with it, then I will listen to what you got to say. Ms. Nishikawa: Yes, thank you. Mr. Dill: Glenda, I could say a little on that too. Yes, am sure you are aware that there is already one interesting monument in that park, speaking to the Hanapepe Massacre, and so we are placing that in this in that same vicinity though this is certainly an expansion of that use in the park, and it certainly takes away from the park use. However, we did coordinate with the Parks Department on this because we did want to make sure we did not impact anything unnecessarily or take away significantly from any of those uses. So, coordinating with William Trujillo and the Parks Department, they were supportive of placing that kiosk there and that it wouldn’t impact their plans for the use of that park site. 15 Ms. Nogami-Streufert: Thanks for explain. Mr. Hull: I can also add to, Commissioner Streufert, not sure you are aware, but that under one of the grants that the Planning Department administers there is now a temporary skate ramp half pipe in that park, two temporary half pipes, and part of that is the programing of the park. The monies for those skate ramps are just to kind of test the area to see its use, its impacts, and what have you. But are also the beginning phases of working with the Parks Department to kind of masterplan that site so to incorporate several types of uses as well as to accommodate the existing uses that are current, particularly the farmers market. But that process is going to take a while, but there is a long-range plan and vision that is going to be occurring with the community for that park. Ms. Nogami-Streufert: And does this include this signage and this historical signage? Mr. Hull: So, in working with the community, right, like envisioning it out with the community the option of having to go out and fold in the signage wouldn’t be necessary, I mean it wouldn’t preclude the Parks Department from later on approaching DOT saying, “A the signage has been kept there but we need it moved to a different site to facilitate or plan out other venues that can be situated at that park.” Ms. Nogami-Streufert: Meaning that you would build the signage now, and then when the plan comes out than you would decide where it would go? I don’t quite get that one. Mr. Hull: No. The sign is fine there, but what I am saying is as the Park Department does master planning for that park with the community, we don’t know what’s going to go in there, we would have to work more specifically with the community to figure out is a skate ramp feasible? Are they doable? Do we want to have it as a long-term permanent solution, permanent resource? And then masterplan their park. The signs, the way they are being proposed right now, the Parks Department is total fine with that, what I am saying is that in master planning other facilities may be warranted and would not preclude the Parks Department from saying, “Department of Transportation is going to move your signs because of these future park improvements the community wants.” I am just saying that master planning is going to occur for this site for other facilities and it doesn’t preclude them from having to work with the Department on where the signages are now. Ms. Nogami-Streufert: Do you know when the masterplan is going to be available? Is there any plan for that? In other words, should the masterplan be there before we put the sign, or does it matter? Mr. Hull: No. I mean masterplans for facilities could take years to do because there is a series of charades in working with community members. I wouldn’t image a masterplan for that park being done in no less than two (2) two and a half (2-1/2) years. Just because you want to spend at least working with the community going over possible improvements, choosing it out, reworking it. I mean when we do our plans, right? West Kauai Community Plan, two and a half (2-1/2) years. A year and a half of that was just working with the community. So, their masterplan for this park would be in place in the near, near, future. Chair Cox: Any other questions? Thank you, Glenda, I thought that was a good question about the park and the kids. Mr. Ako: Yes, I don’t have a question, but I do have a comment. I just wanted to thank Larry and 16 his Department for putting something like this up, and I know they have done others in other places. I think we are at a point in our society right now, where our first generation that has come here, is literally I guess, has gone already and the second generation the baby boomers well, this is coming to an end. And at a point and time, I think somebodies got to be able to keep track of where we came from and who we were regardless of what countries we initially came from. So, I think as we move along in society, we are a point right now, where things are beginning to change, right? Like we need new bridges as well as we need new stories. So, I just wanted to say for doing it like this and keeping the preservation and keeping the preservation alive as who we are in Hawaii. Ms. Nogami-Streufert: I think it’s a great (inaudible), I’m just concern about the location. Chair Cox: I would echo what Gerald said as well. I think it’s looking forward to being able to see those plaques. And I just hope and actually I trust that the Hanapepe community may be unlike some other communities I suspect that they will actually make use of these and keep it alive. Which you know, sometimes you have plaques that go up and know body every sees them and nothing ever happens to them, so part of it is getting them up so Thank you, Larry and thank you for doing this. But also, the second part is keeping that history alive, so thank you. Ms. Otsuka: I wanted to add a comment and thank Larry and his staff also. My mother was born and raised in Hanapepe along the river, so I appreciate and applaud the inclusion of the remnants of the old bridge, because even if I never grew up there, I know my mother grew up there so it’s very emotional for me, so I really appreciate that. Chair Cox: Thank you. Any further comments or questions at this point? Dale, I have kind of lost track, did you already give us the recommendations? If not, can you give us your recommendation. Mr. Cua: Yes, I read the report but didn’t work my way into the recommendation. I just want you to know that there are ten (10) Conditions for the report, for the Department’s recommendations. So, if you want, I could read them or if you have any questions regarding the Conditions, I could review it with you folks. Chair Cox: Would anybody like to have the Conditions read? You have them before you as well. Or do you have questions about any of the Conditions? Okay, I guess you don’t need read them Dale. Please read us your final recommendation. Mr. Cua: Sure. Moving on to the recommendation. Based on the foregoing evaluation and conclusion it is hereby recommended Class IV Zoning Permit Z-IV-2022-5 and Use Permit U-2022- 5, be approved subject to the following Conditions, and as previously noted there are ten (10) Conditions being recommended for this application. Chair Cox: I’m sorry when I misspoke early when I said “recommendations” I meant “Conditions” so yes there are Conditions that go with the recommendations, thank you, Dale. Any final questions or comments? I have to say, along with Lori, my dad grew up in Ele`ele and so again, this is sort of a seems like a little bit of a personal moment as well. Thank you. So, I think we are ready for a motion. Ms. Otsuka: I motion to approve Class IV Zoning Permit Z-IV 2022-5 and Use Permit U-2022-5, subject to the ten (10) including the ten (10) Conditions as listed. Chair Cox: Thank you. Do we have a second? 17 Mr. Chiba: I second. Chair Cox: It’s been moved and seconded that we approve the Class IV Zoning Permit Z-IV-2022- 5 and Use Permit U-2022-5. Any final discussion. Hearing none. Alright, we are ready to go to a roll vote. Mr. Hull: Roll call, vote for a motion to approve. Commissioner Ako? Mr. Ako: Aye. Mr. Hull: Chair Apisa? Ms. Apisa: Aye. Mr. Hull: Commissioner Chiba? Mr. Chiba: Aye. Mr. Hull: Commissioner DeGracia? Mr. DeGracia: Aye. Mr. Hull: Commissioner Otsuka? Ms. Otsuka: Aye. Mr. Hull: Commissioner Streufert? Ms. Nogami-Streufert: Abstain. Mr. Hull: Chair Cox? Chair Cox: Aye. Ms. Barzilai: Clerk Hull, if I may, its Laura Barzilai. I just wanted to advise Commissioner Streufert, that an abstention is an aye. There is no vote to abstain. Ms. Nogami-Streufert: Okay, I understand. Ms. Barzilai: Just to advise. Thank you. Mr. Hull: Motion passes. Madam Chair. Motion Carried 7:0. Chair Cox: Thank you. Continued Public Hearing Mr. Hull: There is no Continued Public Hearing 18 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 Executive Session Mr. Hull: There is no need for Executive session. GENERAL BUSINESS MATTERS. COMMUNICATION. COMMITTEE REPORTS. Subdivision Mr. Hull: Moving on to Committee Reports, Subdivision Committee Report, and in reading this I recognize that Subdivision Chair Ako, I am not sure if we prepped you on ready the Subdivision actions. But I could have the staff planner Kenny Estes read he actions. Mr. Ako: I could so a quick one, but I would love it if staff could give it. Mr. Hull: Okay, I apologize for not going over that with you earlier, but we can have Kenny do this one and we can work with you for the next agenda. Mr. Estes: Good morning, Commissioners, I will give the Subdivision Committee Report. So present in the Subdivision Committee was Commissioner Ako, Commissioner Chiba, and Commissioner DeGracia. The meeting was called to order at 8:31 a.m. and was paused at 8:32 a.m. due to issues with Granicus. It reconvened at 8:53 a.m. with Commissioner Ako and Commissioner DeGracia. Commissioner Chiba entered the meeting at 9:00 a.m. For receipt of items for the record there was a memorandum number one to the Planning Commission that included that included four (4) items of public testimony. Under New Business for Action for Tentative Subdivision Map Approval there was Subdivision Application No. S-2022-6 Kukui`ula Development Company, LLC that was approved 3:0 with recognition of the revised Condition, and under Final Subdivision Map Approval there was Subdivision Application No. S- 2021-1 also Kukui`ula Development Company, LLC that was approved 2:1. The meeting adjourned at 10:03 a.m. 19 Chair Cox: Thank you. Kenny. May I have a motion to accept the Subdivision Report. Ms. Apisa: I moved to accept the Subdivision Committee Report. Ms. Nogami-Streufert: I second. Chair Cox: All those in favor say, aye? Aye. (Unanimous voice vote). All those opposed. Hearing none. Motion Carried. 7:0. Mr. Ako: Thank you, Kenny. ANNOUNCEMENTS Topics for Future Meetings The following regularly scheduled Planning Commission meeting will be held at 9:00 a.m., or shortly thereafter on March 08, 2022. 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: Thank you, Madame Chair. Moving on to Announcements, topics for future meetings, the Department is noting that in the next March and the April meetings we still anticipating just one meeting per month given the case volume. There is only a handful of permit applications one for a farm tour expansion on an existing one, one for some schoolwork up a St. Catherine’s, as well as a (inaudible) Telcom application. We have a pretty March is when we are commencing our robust zoning amendment launches so we will have three zoning amendments in the March meeting. One, concerning the All-Hazard’s Siren Facilities and another concerning CPR processes for density on agricultural land, and then a commercial warehouse cleans up. Later, we will be looking at multi-family easements certain requirements and fees as well as TVR a real slight change to our TVR ordinance. This is kind of the beginning of this year, it just must go before legislative actions. The ones in the beginning will be relatively I wouldn’t say easy but relatively some of them benign and some of them really easing up on restrictions. At the tail end of those when we get into May, June, and July we will be looking at some robust zoning amendments, some possibly concerning climate change as well as plantation camps zoning amendments that we have been working out at the Pakala and Kaumakani camps. So those are the tail end of these zoning amendments. Other than that, do you folks have anything you folks would like to see agendized? You folks do have a training coming up tomorrow, which we really appreciate you folks attending as it is not an official Planning Commission meeting. But we really appreciate you guys spending the time to do that training. I will be in the Bay area (inaudible) will be with you in all of the training as well. Ms. Nogami-Streufert: Can I say something very quickly. The Hanapepe thing is also something very emotional to me because I live in the Kalaheo area. I like the historical portion of it and the idea that we are preserving history. My only concern was taking away land or taking away park space from the kids. That was the only concern that I had, its just the location of it. Just to clarify, is why I did an abstention, can’t do both. Ms. Otsuka: I just wanted to clarify. On a previous meeting you had mentioned that March may be face to face, so are we still doing Zoom? 20 Mr. Hull: I would anticipate I mean; it looks like we are trending downward with the Omicron threat so its good news that we are trending downward. I would anticipate not having the numbers low enough where it would warrant finally coming back in person. Ms. Otsuka: Okay. Mr. Hull: I think a target date might be the April meeting. I am almost certain that the March meeting we won’t have those numbers that would make all of us confident and feel safe enough to come back as much as we miss seeing you all in person. I don’t think March will be that meeting quite honestly, Commissioner. Ms. Otsuka: Okay, thank you. Mr. Hull: If there are not any further topics or questions the following regularly scheduled Planning Commission meeting will be held at 9:00 a.m., or shortly thereafter, on March 8, 2022. The Planning Commission anticipates meeting via teleconference, via but will announce its intended meeting method via an agenda electronically posted at least six days prior to the meeting date. With that we are ready for adjournment Chair. Thank you. ADJOURNMENT Chair Cox: I would be happy to entertain a motion to adjourn. Ms. Otsuka: I move to adjourn. Ms. Nogami-Streufert: Second. Chair Cox: It’s been moved and seconded that we adjourn. So, could we just do a voice vote. All those in favor say aye? Aye. (Unanimous voice vote). Any opposed. Hearing none. Motion Carried. 7:0. We are adjourned and thank you all very much. Chair Cox adjourned the meeting at 11:06 a.m. 21 Respectfully submitted by: Arleen Kuwamura, Commission Support Clerk ( ) Approved as circulated (add date of meeting approval). ( ) Approved as amended. See minutes of meeting. 1 KAUA‘I PLANNING COMMISSION REGULAR MEETING March 22, 2022 Draft The regular meeting of the Planning Commission of the County of Kaua‘i was called to order by Chair DeGracia at 9:32 a.m., - Webcast Link: https://www.kauai.gov/Webcast-Meetings The following Commissioners were present: Ms. Donna Apisa Mr. Gerald Ako Mr. Francis DeGracia Ms. Glenda Nogami-Streufert Ms. Lori Otsuka Excused or Absent Ms. Helen Cox Mr. Melvin Chiba The following staff members were present: Planning Department – Director Kaaina Hull, Deputy Director Jodi Higuchi Sayegusa, Myles Hironaka, Dale Cua, Romio Idica, Kenneth Estes, Shelea Blackstad, 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 DeGracia: Called the meeting to order at 9:32 a.m. ROLL CALL Planning Director Kaaina Hull: Alright, Chair, its 9:32, I think we are ready for the gavel whenever you are ready, sir. Chair DeGracia: Good morning. I would like to call to order the March 22, 2022, Meeting of the Planning Commission rescheduled from March 8, 2022, Meeting. For members of the public who wish to testify, if you are not already on the Zoom platform, please utilize the join by phone instructions on the agenda and you may testify by phone. Clerk, roll call, please, Mr. Hull: Roll call, Mr. Chair. Commissioner Ako? Mr. Ako: Here and by myself. Mr. Hull: Chair Apisa? Excuse me, Commissioner Apisa is excused. Commissioner Chiba is 2 also…I apologize, I am reading this wrong. Commissioner Apisa? Ms. Apisa: Present and by myself. Mr. Hull: Commissioner Chiba is excused. Mr. Hull: Commissioner Otsuka? Ms. Otsuka: Here and by myself. Mr. Hull: Commissioner Streufert? Ms. Nogami-Streufert: Here and by myself. Mr. Hull: Chair Cox is also excused. Mr. Hull: Chair DeGracia? Chair DeGracia: Here by myself. Mr. Hull: You have a quorum. Five present, Mr. Chair. APPROVAL OF AGENDA Mr. Hull: Concerning moving on to the actual approval of the agenda. The Department has no recommended changes to the agenda. I think it’s been pretty standard that we have been amending the agendas in the past to immediately have the use permits and/or zoning amendments immediately follow their respective Agency or Public Hearing. At this time, I we not going to ask that the agenda be amended to follow that practice, so we are standing by the agenda as posted. Ms. Nogami-Streufert: I move to approve the agenda. Ms. Otsuka: I seconded. Chair DeGracia: Motion is approved and seconded. All those in favor? Aye. (Unanimous voice vote). Opposed? Hearing none. Motion Carried. 5:0. MINUTES of the meeting(s) of the Planning Commission Mr. Hull: Thank you, Mr. Chair, next, we have Minutes for the Meetings of October 26, 2021. Chair DeGracia: Could I get a motion, please? Ms. Nogami-Streufert: I move that we approve the Minutes of the October 26, 2021, Meetings. Ms. Otsuka: Seconded. Chair DeGracia: Motion on the floor is to approve the October 26,2021 Meeting Minutes. All 3 those in favor? Aye. (Unanimous voice vote). Opposed? Hearing none. Motion Carried. 5:0. Thank you. RECEIPT OF ITEMS FOR THE RECORD (None) Mr. Hull: We have Receipt of Items for the Record. We have nothing listed, however, we did receive a correspondence after the timeline, which we could transmit. So, we did receive a correspondence from Rosalyn Cummings concerning ZA-2022-2, ZA-2022-3, and ZA-2022-4, in which the testimony just reiterates the summary of each of the zoning amendments. As well as the previous Subdivision application for S-2022-8. A lot of this may have been sent in as a request to testify, but just to note for the record that this was received and will be transmitted to the Commission after the agenda subsequent to the meeting. HEARINGS AND PUBLIC COMMENT Mr. Hull: Now moving on to Hearings and Public Comments. The Planning Commission accepts written testimony for any of the agenda items listed as well as provide the opportunity, the Commission provides the opportunity to testify either to call in by phone or to do so virtually by the Zoom registration process. We have I believe two (2) attendees. Jodi, would you like to see if the attendees would like to testify on any of the agenda items. Deputy Planning Director Jodi Higuchi Sayegusa: First, I might go through through the callers on the line. First caller is 1-808-720-1091 on the attendee list. When you are ready you may be able to unmute and provide your testimony. Mr. Hull: Sorry, let’s try this, again. Area code 808-720-1091, this is the public testimony portion of the Planning Commission agenda. Would you like to testify any of the Planning Commission agenda items, if so, please unmute your phone and state which agenda item to which you are testify for. Moving on I believe the caller was also calling to testify on the Subdivision agenda but moving on to the next member of the public, Jodi. Ms. Higuchi Sayegusa: So, I am going to go back to my registration list or the list that indicates which…Mr. Jerry Ornellas? I am going to promote and allow your video and audio to be operational. Whenever you are ready, you may begin your testimony. Mr. Jerry Ornellas: Yes, I am here. Mr. Hull: Thank you, Mr. Ornellas, you have three-minutes for testimony on any of the agenda items. You can also testify on multiple agenda items if you would like, you just need to identify what agenda items you are testifying on now. You have three-minutes for testimony. Mr. Jerry Ornellas: I will be testifying on the Steelgrass Farms proposal. Mr. Hull: Thanks, Mr. Ornellas, feel free to go ahead. Mr. Jerry Ornellas: Are you accepting testimony now? 4 Mr. Hull: Correct, Jerry. Mr. Ornellas: Thank you very much, members of the Planning Commission. My name is Jerry Ornellas. I am a farmer up in Kapaa Homesteads actually, only about a quarter to and half mile away from Steelgrass Farms. And I’ve known Will Lydgate for a very long time, and you know, I can say he is a real farmer, I know that, because I have been to his property and helping him with with prepping land to plant cacao trees. He also has a sizeable vanilla facility going. He is one of these guys that not half and no cattle, he is a real farmer. And unfortunately, I have to tell you today, I wish it was otherwise, but farmers are in trouble you know, farming is getting much more difficult. I have been in this business for fifty (50) years, and we need all the help we can get. I did not always believe this, but I firmly believe this now, we really do need that tourist connection for us to make it. As far as impact, we do live in a rural area, but I think the impact on especially on this operation will be minimal. Yes, I talked about farming being in trouble, but tourism is also in trouble. There is a lot of perception now about how and some people are, hostile to tourist now, because of over tourism and I think that a lot of that comes from people that are not getting a piece of the pie. So, I think that we really explore this option right now in having more people participate in tourism, and I think this is a great way for us to do it. So, again, I strongly favor his application to amend his use permit and special permit and I would be more than happy to answer any questions if you have them. Mr. Hull: Is there any questions for Mr. Ornellas? Hearing none, thank you, for your testimony, Mr. Ornellas. Ms. Higuchi Sayegusa: I just wanted to make sure, there was a request in by Rosalyn Cummings to provide testimony on the agenda item. Is Rosalyn available at this point? If so, please raise your hand. I do not see her on the call. I do not see Ms. Cummings. Is there any… Mr. Hull: One last call, Jodi. For Ms. Rosalyn Cummings, we did receive her request or at least communication it would appear that you were pressing to testify on some of the Planning Commission agenda items particularly some of the zoning amendments. Ms. Cummings are you on the line? And if so, please speak and provide your testimony. Hearing none. Jodi, is there any one the line who would like to provide testimony or signed up? Ms. Higuchi Sayegusa: I just want to make sure we did provide a phone line for anyone wishing to call in and provide testimony. I do not see any other number except for the one previously called. Is there anyone else on the meeting wishing to provide testimony at this point on any of the Planning Commission agenda items? Please raise your virtual hand. Last call for any testimonies at this point on any of the Planning Commission agenda items? Okay, I do not see anyone else wishing to testify. Continued Agency Hearing New Agency Hearing Mr. Hull: Thanks Jodi. Moving on Chair, to agenda item 2, New Agency Hearing. We have none for this meeting 5 Continued Public Hearing Mr. Hull: F.3, Continued Public Hearing. We have none for this meeting. New Public Hearing ZA-2022-2: A bill for an ordinance amending Chapter 8, Kauai County Code 1987, as amended, relating to Comprehensive Zoning Ordinance (CZO). The proposal amends Section 8-1.4 of the CZO relating to Application of Regulations and more specifically, standards involving the placement, design, and construction of outdoor hazard warning sirens = County of Kauai, Planning Department. Mr. Hull: F.4, New Public Hearing a., ZA-2022-2: A bill for an ordinance amending Chapter 8, Kauai County Code 1987, as amended, relating to Comprehensive Zoning Ordinance (CZO). The proposal amends Section 8-1.4 of the CZO relating to Application of Regulations and more specifically, standards involving the placement, design, and construction of outdoor hazard warning sirens = County of Kauai Planning Department. This is the public hearing portion of the agenda, is there any member of the public that would like to testify on Zoning Amendment ZA-2022-2? If so, please, either raise your virtual hand if you are on Zoom or just speak if you are on the phone line. Again, last call for any public testimony for Zoning Amendment ZA-2022-2? Hearing none. Mr. Chair the Department would recommend closing the Public Hearing for Zoning Amendment Za- 2022-2. Chair DeGracia: Could I please get a motion to close the Public Hearing for this item? Ms. Apisa: I move to close the Public Hearing ZA-2022-2. Ms. Nogami-Streufert: Second. Chair DeGracia: The motion on the floor is to close the Public Hearing for item ZA-2022-2. All in favor say, aye? Aye. (Unanimous voice vote). Any opposed? Hearing none. Motion Carried 5:0. ZA-2022-3: A bill for an ordinance amending Chapter 8, Kauai County Code 1987, as amended, relating to Comprehensive Zoning Ordinance (CZO). The proposal amends Section 8-2.4 of the CZO relating to the Table Uses and more specifically, permitting requirements for warehouses within the General Commercial zoning district= County of Kauai, Planning Department. Mr. Hull: Thank you, Chair. Moving on to F.4.b, New Public Hearing ZA-2022-3: A bill for an ordinance amending Chapter 8, Kauai County Code 1987, as amended, relating to Comprehensive Zoning Ordinance (CZO). The proposal amends Section 8-2.4 of the CZO relating to the Table Uses and more specifically, permitting requirements for warehouses within the General Commercial zoning district = County of Kauai, Planning Department is also the applicant on this. Ms. Nogami-Streufert: Sorry about that. Mr. Hull: Sorry, I think we are all getting the same notice. Again, Kauai Planning Department is 6 the applicant in zoning amendment ZA-2022-3 relating to permitting requirements for warehouses within the General Commercial Zoning District. Is there any member of the public that would like to testify on this zoning amendment? If so, please speak and state your name or raise your hand in the virtual platform. Okay, last call for any public testimony for zoning amendment 2022-3. If there is any of the members of the public that would like to testify on this agenda item, please, speak or raise your virtual hand in the Zoom platform. If you are on the telephone line, please speak. Hearing none. Mr. Chair the Department would recommend closing the New Public Hearing for Zoning Amendment ZA-2022-3. Chair DeGracia: Thank you, go ahead. Ms. Apisa: I move to close the Public Hearing ZA-2022-3. Ms. Otsuka: Second. Chair DeGracia: The motion on the floor is to close the Public Hearing for item ZA-2022-3. All in favor say, aye? Aye. (Unanimous voice vote). Any opposed? Hearing none. Motion Carried 5:0. ZA-2022-4: A bill for an ordinance amending Chapter 8, Kauai County Code 1987, as amended, relating to Comprehensive Zoning Ordinance (CZO). The proposal amends Section 8-1.4 of the CZO relating to Application of Regulations and more specifically, density standards involving parcels that have been partitioned through the Condominium Property Regime (CPR) process, pursuant to Chapter 514 B of the Hawaii Revised Statues = County of Kauai, Planning Department. Mr. Hull: Thank you, Chair. Moving on to last amendment F.4.b, New Public Hearing ZA-2022- 4: A bill for an ordinance amending Chapter 8, Kauai County Code 1987, as amended, relating to Comprehensive Zoning Ordinance (CZO). The proposal amends Section 8-1.4 of the CZO relating to Application of Regulations and more specifically, density standards involving parcels that have been partitioned through the Condominium Property Regime (CPR) process, pursuant to Chapter 514 B of the Hawaii Revised Statues County of Kauai, Planning Department is again, the applicant. Is there any member of the public who would like to testify on Zoning Amendment ZA-2022-4? If so, please speak if you are on the phone or if you are on the virtual platform, please raise your virtual hand. Ms. Apisa: Kaaina, could I just ask a question? Mr. Hull: Right now, it would be prudent to just let the public testimony come in first, and then we can go into the actual details of the agenda item. Okay, last call for any of the members of the public that would like to testify concerning Zoning Amendment ZA-2022-4, if so, please speak on the telephone line or raise your virtual hand if you are on the Zoom platform. Hearing none. The Department would recommend closing the Public Hearing for Zoning Amendment ZA-2022-4. Ms. Apisa: I move to close the Public Hearing ZA-2022-4. Ms. Otsuka: Second. 7 Chair DeGracia: Thank you. The motion on the floor is to close the Public Hearing for item ZA- 2022-4. All in favor say, aye? Aye. (Unanimous voice vote). Any opposed? Hearing none. Motion Carried 5:0. Mr. Hull: And to round this out, we will make one last call final call. Are there any members of the public either here or on the virtual Zoom link or on the telephone line listed above the Planning Commission agenda, would like to testify on any of the agenda items? Last call for anyone who would like to speak or testify, please speak, or raise your virtual hand on the Zoom platform. Hearing none. All remaining public testimony pursuant to HRS 92 (Sunshine Law) CONSENT CALENDAR Status Reports Mr. Hull: Moving on the Consent Calendar was adopted via the approval of the agenda. Director’s Report for Project Scheduled for Agency Hearing GENERAL BUSINESS MATTERS. Request to amend Condition No. 2 of Class IV Zoning Permit Z-IV-2015-10, Use Permit U- 2015-9, and Special Permit SP-2015-1 relating to commercial tour operations, involving a parcel situated at 5730 Olohena Road, further identified as Tax Map Key: (4) 4-4-003:045, CPR Unit 3, Wailua Homesteads = Steelgrass Farms. Mr. Hull: Moving to General Business Matters H.1., Request to amend Condition No. 2 of Class IV Zoning Permit Z-IV-2015-10, Use Permit U-2015-9, and Special Permit SP-2015-1 relating to commercial tour operations, involving a parcel situated at 5730 Olohena Road, further identified as Tax Map Key: (4) 4-4-003:045, CPR Unit 3, Wailua Homesteads, the applicant is Steelgrass Farms. I will turn this over to Dale for the Director’s Report pertaining to this matter. Staff Planner Dale Cua: Good morning, Chair, and members of the Planning Commission. I would like to summarize the Director’s Report for you. 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: The Department’s evaluation and recommendation is contained in the Director’s Report, and I am available for any questions you may have. Chair DeGracia: Thank you, Dale. Are there any questions for the Department? Ms. Nogami-Streufert: Yes, I do. Dale, the twelve (12) off road parking spaces were based upon no more than twenty-five (25) at each tour (twenty-five in the morning and twenty-five in the afternoon). Now, that there is not going to be any limitation number of participants, is there going 8 to be a corresponding increase in the number of parking spaces that are going to be required? Mr. Cua: Yes, there should be, and I believe the applicant would have to provide for that. In the initial consideration of the project, there was discussion where the applicant was encouraged to shuttle patrons into the property so I believe that option may be available and that it’s a question that is a question or something for the applicant to address when he is available to speak. But yes, most definitely, there should be ample parking stalls available for the additional traffic into the property. Ms. Nogami-Streufert: So, if that were the case, shouldn’t it be one of the Conditions in here? Mr. Cua: Yes, I have only cited two (2) of the Conditions that will be affected, but in the previous Conditions there were parking requirements that were associated with the project and if needed to, we can add an additional Condition, where the Director can revisit the application and have the applicant provide for more parking. Ms. Nogami-Streufert: I think that might be useful because this is agricultural district and the roads are not exactly very wide, and would like to see this work, because we really do need this. But I also do not want the community to get upset before it has a chance to even get started. Mr. Cua: Sure, absolutely. Ms. Nogami-Streufert: And so, I would like that in there that it would increase the number of parking spaces based upon the maximum number of tourist or clients that would be part of these tours, that would be great. I don’t know what the numbers should be but that is something that you guys can kind of figure out. Mr. Cua: Sure. Ms. Nogami-Streufert: I do appreciate the idea that we are starting to look at different was of increasing agricultural, the viability of agriculture (inaudible), thank you. Chair DeGracia: Any further questions, Commissioners, for the Department? If there is none at this time, could we hear from the applicant? Mr. Will Lydgate: Yes, absolutely. Aloha. My name is Will Lydgate and it’s such a pleasure be before you today. I have some brief remarks I can read from just off right of the bat, Commissioner Glenda. We have a half-acre parking lot that has been sufficient for any parking needs, and definitely feel that it is important to have the parking. We have never ever wanted to be in this situation where we had parking on any kind of shared street or roadway understanding those kinds of concerns and considerations. So, we would be happy to work with the Department to codify that in some way, but as I said we have a half-acre area, it’s been sufficient for our numbers so far and I see management of parking as critical and basic issue, and I appreciate that. I am so happy to in front of all of you and it is great to hear a few pieces of comments of support. I think Jerry Ornellas summed it up with his testimony. It is such a pleasure to see people supporting agriculture and seeing that the old model of discount wholesale ag. is not as functional as it once was, and we don’t have those large tracks of land and large operations and we have a few left but we need to 9 utilize our visitor dollars and sell directly to our visitors in a reasonable and responsible way. And I love what Uncle Jerry said about the piece of the pie too, I think that just this whole concept of regenerative tourism, right? And on a very basic level regenerative tourism is when the tourism dollar stays here. And, the tourist behaviors and activities lead to more resident sentiment, and it is all part of Destination Management Action Plan that HTA, Hawaii Tourism Authority is putting together and was a part of that on the (inaudible), it’s a pleasure to feel that support. So, and I am the owner and manager of Steelgrass Farms although better known by the DPA Lydgate Farms, which we moved to in 2017–2018. We are on Olehena area in Kapaa Homesteads by Uncle Jerry right behind sleeping giant. We have 27 cacao trees, about 800 vanilla vines, 38 coffee plants, just under 10 beehives, and our chocolate was recognized twice amongst the best in the world with the Cacao Awards of Excellence in Paris, first in 2017 and again, in 2021. In 2017, I got to go to Paris which was amazing and mind blowing we were representing not Hawaii but the United States. So, I got a Hawaiian flag and a United States flag, and we were Team Cacao USA basically like the Jamaican bobsled team of chocolate, they were all giving us side eyes. But I’m just proud. In 2021, it was a Zoom meeting, I did not get to go to Paris, I am sure you could all relate. Yes, we are excited to be growing, we employ eleven (11) people here on the farm and we are proud to carry on the tradition of agriculture here in the Hawaiian Islands. I think with a business model that is designed to propel us into the future. We sell pretty much everything as value added products directly to customers, in person, on-line, or wholesale. We have Hawaiian grown chocolate covered macadamia nuts, dark chocolate, milk chocolate bars, jars of honey, vanilla extract making kits, as well as other items like Cacao shell tea and brewing chocolate. We supply and have an exclusive relationship with the Koloa Rum Company where we supply them with our cacao nibs, which is what we make into chocolate. They soak those in rum and macerate them and then sale that rum as the Kauai Cacao rum. We take the nibs back, we evaporate off all the alcohol, and then we grind them into a 75% dark chocolate bar with Koloa Hawaiian rum. It is a very popular product. We are also the only exclusive chocolate supplier to Holy Grail Donuts, which started as pop up doing taro-based donuts in Hanalei and now has multiple locations in Hawaii and starting now in southern California, it’s very exciting. And we are also, exclusive chocolate supplier to Aina Kauai, which is the new restaurant in Kapaa by Michelin Star Chef Hide Sueyoshi. We are very inspired by the business smalls of Napa Valley and wine countries where they have highland values but also, high quality products and are able to find ways to have a visitor industry that is drawn by their products and just really excited for the future of (inaudible) and value-added sales of products here in Hawaii and on Kauai. So, on our farm we host a tour, and we operate a gift shop selling our products. We have a limit on how many people we can have on our farm tour of 25 a tour one tour a day, but there is no limit on the amount of people we can have in our gift shop, and of course now County Council has shown intent for all farms to run value added gift shop. So, basically limit on the tour but no limit on the gift shop, and the tour is very popular, so it’s almost always sold out one and two weeks in advance. Some dates get sold out six-weeks in advance, which is great, because it creates this demand and people Know, “we got to book before we come,” which we like, but at the same time, we often turn away enough people to go on a tour each day so those people can shop at our gift shop. And so that is basically what we have been doing. Our farm is rated 5-stars on Trip Advisor. It is strangely listed as the number one thing to do on the island of Kauai based on just positive reviews. So, being granted to host more visitors on our tours will allow us to earn more revenue from the customers that are already coming to the farm. I think it’s more of an efficient way to let us grow our agricultural business. It is going to let us grow our team, increase our plantings by clearing new areas to plant so these visitors are already coming to our farm and there is no difference in impact if they stay three (3) hours or forty-five (45) minutes. 10 So, we are asking that the limit of the number of tour visitors be removed, and we be allowed to to freely operate tours within the hours of 8:00 a.m. to 4:00 p.m. We have wide support in the neighborhood for a permit amendment. I am also the president of the neighborhood AOAO, and we have received no complaints about our farms business operations there as well as the Planning Department has received no complaints. And I am very sensitive to the neighborhood setting, obviously, being a good neighbor is not only a good thing to do for me as a person and for my spirit but it critical to our farm operations being that we are operating under the framework of a use permit. I held a neighborhood meeting on February 22nd pursuant to this meeting here where every household was invited to attend. At the meeting we discussed my farm operation and our plans for this amendment and our future. No issues were raised at that meeting only voice support, the only thing feedback I got was actually a few people said was which one of their chocolate bars were their favorite, because everyone in the neighborhood gets some chocolate around Christmas. So, if there ever is an issue, AOAO is a great place to find a remedy. Even though there are no issues raised at the AOAO meeting, I have still taken some preemptive action to improve safety in the neighborhood. I went ahead and hired Austin Tsutsumi and Associates, Inc., on Oahu to do a traffic study for us, which I sent into Dale as testimony for this hearing you may have it as testimony. They confirmed that the narrowest parts of the driveway which is the very back part of it by us, can handle up to fourteen hundred vehicle trips per hour. So, at this point if we are doing fifty (50) to eighty (80) people in a day I figure it’s less than half forty percent (40%) if most people are two people per vehicle. And their finding was that there was no significant impact to traffic operations resulting from our tours. I haven’t done the exact numbers, but I think if you crunched it the driveway the entire fifteen hundred feet of the driveway is basically empty ninety- five percent (95%) of the time. During my work with Austin Tsutsumi, I designed for and paid for nine (9) traffic signs for the driveway with the goal of slowing traffic and creating situational awareness and again, just trying to be a good neighbor. This includes eighteen (18) inch traffic mirror to help people see around this one corner and there is one place for where an easement intersects one of the owners sometimes, my staff had told me drives out into the main easement without looking to the right, so we are putting up one driveway sign there just in benefit of him, and just to be sensitive to that situation. Yes, I gave you some of these details because I wanted to illustrate some of the diligence that we approached that we have approached the neighborhood and we are very happy to operate, I mean everyone is in a farm dwelling and we understand you know, not everyone can be actively engaged in farming. I have helped some of our neighbor’s ability to do some contract farming for us and plant some cacao trees on their lots or vanilla vines. We are doing a research project called the Kauai Vanilla Partnership Program with County Economic Development right now, and we will be releasing vanilla material to local growers who want to grow beans and then sell them to us as sort of the central co-op. So, we are talking about that to some of our neighbors as well, so I just wanted to give you some background as I think you saw a dozen or so neighbors sent in positive testimony and there are many more that would if asked. Hey, I really want to thank Dale Cua and Kaaina Hull for making this happen, they have been fantastic and just super supportive of what we are doing, and we really appreciate them getting us on the agenda and guiding this process through in a reasonable way, and really, really, super appreciate it. So happy to answer any questions. We do have that half-acre parking area which has been sufficient for fifty (50) to eighty (80) people a day. We had hundred-five (105) people come one day. That’s you know, I would rather it be smaller and be able to control the number of visitors that I have with reservations on a tour then to have an open gift shop and keep growing because this site has a certain character and I want to be able to control how that character grows. So, thank you so much for all your time and I would be happy to answer any questions. 11 Chair DeGracia: Commissioners, any questions, or comments for the applicant? Ms. Otsuka: I have a question. I was just curious, the reason to amend the Condition. What was the purpose to shorten your hours? I feel if you had left it at 6:00 p.m., you would have more flexibility say with some of your business. What is your purpose? Mr. Lydgate: Yes, you know, Lori, I would totally be open to that. You know, I think I felt I just want to be accommodating for everyone, and you know, there is only a certain size we want to grow to here, so I was open to doing that and you know, this idea of sort of have carte blanche and the control of what we do within a certain time frame. I thought you know; we could take it top eight (8) hours. However, you know, the extra two hours will give us more flexibility obviously as a business. I think at the heart of it and what you just said, which I so appreciated I would like just like having shown that we are good neighbors would like the ability to control that, and as you know, if there are issues you will hear about it. You know we operate under this use permit framework, so whatever the Commission would recommend I am not sure we could use the time. Ms. Otsuka: Thank you. Mr. Lydgate: Thanks, Lori. Mr. Ako: I got a question. Ms. Nogami-Streufert: I’m sorry. Go ahead, Gerald. Mr. Ako: Mr. Lydgate, you made me excited that I kind of feel like I want to go on your tour already, you know. But saying that, can you put it into perspective for me, you talk about that half- acre of parking, yeah? Quantify wise, we are talking about how many stalls are there and how many stalls does that come out too? Mr. Lydgate: Yes, thank you, Commissioner. I think the most cars that I would ever want is fifty (50). When I say half-acre parking lot you know, I mean we have a half-acre area we could convert into parking. Right now, we have its set-up for thirty (30) stalls for parking and then we have six (6) upfront that we never use and then we have some tarp tents, and then we have an air stream trailer that my friend Dave is leasing a spot from us he is turning it into an operation he is doing. We have got our certified kitchen were our cacao air drying tents, so if we wanted more parking spots or if it was necessitated, we would move some of that stuff out of the way and there is some Hau to clear, but at this point its about thirty (30) parking spots and we haven’t needed them. Mr. Ako: And I think you are going to just guess but if you had to estimate your increase in the number in the number of participants on your tour, what would that number be? Mr. Lydgate: Yes, you know, I would say, our plans to do a second tour. So right now, our average is fifty (50) to eighty (80) people per day. So, my guess is that most of those at least seventy percent (70 %) of those people probably wanted to come on the tour. And so, I am looking for an eternal conversion rather than increasing the overall number to sort of convert people who wanted to come on the tour with people who can come on the tour. So, the goal would be to keep it 12 at at fifty (50) to eighty (80) and if that works, we can then move the gift shop to by appointment only, and then we can control how many people come every day because I am just concern hat we are getting very popular and so scarcity creates value, right? And so, I am looking to maximize what we are doing on this parcel while as a farm entrepreneur I am looking for other parcels that are further away from this kind of estate setting where we can do more business kind of like a Kauai Coffee model. So, our goal would be to put this at a certain level that we think fits with the parking and the traffic. You know, I think a hundred (100) people would be the most that I would every want to host here, and that is maybe forty (40) cars to guess as your answer to answer your question. Mr. Ako: And I guess your success as a farmer as well as a business guy on your shop is great, but are you still limited to one tour a day or is that not a limitation? Mr. Lydgate: Correct. That’s the limitation, one tour per day and the tour can have twenty-five (25) people. Mr. Ako: So now your tour could be still one, but you could have up to eighty (80) people or whatever? Mr. Lydgate: No, we like the twenty-five (25) person tour and really what I am wanting is to freely operate commercial tours within a set of hours. So, I would probably set up a second tour a mid- morning tour. Does that answer your question? Eighty (80) people seems way too much on a tour we’d like to keep things intimate. So instead of twenty (25) people plus another twenty (25) to forty (40) at the gift shop, we would have twenty-five (25) people on a tour, twenty-five (25) people on a tour, and twenty (20) at the gift shop or something like that. Mr. Ako: But you are not limited to one tour a day? Mr. Lydgate: We are limited to one tour a day per, and that is why I am here before you today, is to request that limitation be removed. Mr. Ako: Okay, I am sorry. So, what is before us is the elimination of the one tour as well as the limit of twenty-five (25) per tour? Mr. Lydgate: Yes, I mean, I’d love it if could set that number myself, my intention I mean as a tour operator is I like that number twenty-five (25). But sometimes, someone or if it is a big family or a wedding they might want to come together. So, it would be great if we could set those ourselves within the guidelines that we can set. So, my preference and request would be that the conditions for how many people we could have on a tour and the number of people we could have on a tour be eliminated. So, we can conduct commercial agriculture tours between these hours and anything regarding numbers of tours and number of people be eliminated from the condition. Those are the details I think that was sent over. Ms. Nogami-Streufert: I have a question of the Planning Department at this point. I appreciate Mr. Lydgate’s concern for the environment and for his neighbors. I think it is wonderful and a great way to go but permits go with the land it doesn’t go with the person that currently on it. In other words, once we give the permits the permits go forever, I think. If Mr. Lydgate were to sell the 13 land God forbid, I don’t want that to happen, but if that should happen and another owner comes in and maybe not as ethical as Mr. Lydgate is, what happens at that point? How does the Planning Department control that? And the reason for asking that is because listening to part of the subdivision meeting earlier, and many of those permits were given years, and years ago, but we are not stuck with those permits. And that cannot be changed because it goes with the land and not with the person. Should there in the future there be a problem, how does the Planning Department correct that? Mr. Lydgate: Before the Planning Department speaks Commissioner, I would love to give background for this specific project. I will never sell this parcel of land ever. I mean, o my god! My cousins just sold a parcel in Haena because there is not enough of them here anymore and the land is insane, they just can’t maintain it. And I’m just like, no! But I am completely open to, and I think that is a pertinent comment in terms of the larger picture. I’m not, you could put any type of condition on here if it’s sold. My one concern is if I create a different holding company that needs to be able to transfer that and for tax reasons or whatever how we do this agricultural side and there is this retail side and so you know, I wouldn’t want me creating some new entity for tax or liability reasons to change that and maybe we are getting into the weeds now, I am sure the Planning Department has excellent things to say about this. Ms. Nogami-Streufert: I would like to know what kinds of remedies there would be or mitigation there would be in twenty (20) years or in thirty (30) years when…go ahead I am sorry. Mr. Hull: Sorry, thanks Commissioner. So just building off the comments about the subdivision application vs this one. So, the comments that were made about the subdivision application, right? Those are germane to those properties have a particular residential resort zoning district, so that zoning is in place and the only remedy to really change that type of zoning via an ordinance at the County Council, so that is the remedy for that. Mr. Lydgate application and entitlement is a bit different from that in that his property does not enjoy if you will resort zoning in which tour operations are outright permissible. He had to come in here to get a special permit and a use permit to be able to have these commercial tours operating on his property. In general, like you said Commissioner, these entitlements run with the land so there are not Mr. Lydgate’s exclusive preparatory right of the property should he sell it, or should he change ownership, the property change ownership these permits should run with the land. And the general principle on these types of permits is, if it is suitable for the land, in so far as any new owner coming on board, they must avail themselves and adhere to the respective conditions of approval that have been placed on the applications. So whatever conditions that are in place on Mr. Lydgate, he said he is not going to sell it, but should he sell it at some point, the next owner should they want to conduct these tours, the next owner may not want to conduct these tours, but should they want to conduct these tours, they would still need to adhere to the specific conditions of approval. And then beyond that, if they don’t adhere to the conditions of approval or even if they do adhere to the conditions of approval as in Mr. Lydgate’s standpoint even if he adheres to conditions of approval and they become a nuisance issue where his commercial use is negatively impacting in some way the community or environment or around or in the area in which the use is occurring, that’s when the Department can either with the urging with the community, the Planning Commission, or on our own initiate wither modification or revocations of the subject permits. And it doesn’t happen often I would say that we do get complaints sometimes on uses that quite honestly if we do find that they are in fact negatively impacting the surrounding neighborhood, we do issue a revocation on the permits. 14 Often, it gets resolved at the Planning Department before it gets to the Planning Commission. In that you can argue your case before the Planning Commission, but the Department feels these new uses are negatively impacting therefore, you should change it. So that is kind of how it works in a nutshell. Having said that all that though for this application we have imposed a two-year timeline, to say, “we are looking at, we are recommending opening up the ability for this particular site to have additional tour participants on their respective tours, but it is within that two-year time period.” If within that two-year time period, there are negative impacts even though we have the revocation clause, Two-years Mr. Lydgate or whoever the property owners are in two-years, has to come back and apply for an extension if you will or a longer period of time. But it’s a two-year window that’s being proposed on the application. Ms. Nogami-Streufert: And Mr. Lydgate, is two-years enough time for you to do this or do you need more time to see whether it’s viable? Mr. Lydgate: Yeah, I think the goal would be to continue as we have which is in sensitivity to the neighborhood and to do our best. And then to come back in two-years and everything is totally fine, and I trust the Planning Department would be a good partner for us in terms of our issues and taking a close look at the merits of them, and I think that it fine. And in terms of sort of the overall comment here with the structure of the use permit you know, no significant impact on surrounding properties that’s really the, what’s the right word? Not the lynch pin, but the pin that pulls it. And until the Council or some other body decides to codify Ag. tourism and eliminate the use permit structure which maybe something that is coming, I think this is a situation that we have. Ms. Nogami-Streufert: Well, I appreciate that you are willing to work with the Planning Department and the Planning Department with you. It’s the only way to go in a small community like this and we are all thinking about the future and not just today, and the people that are here today, but also for the people of the future progeny and how this land is going to be used, so, I really appreciate that and thank you very much for that you make me feel a lot better about this whole thing. Mr. Lydgate: Thank you, Commissioner. Chair DeGracia: Commissioners, are there any other questions? Ms. Apisa: Yes, I guess I just would like clarity because I think where I am reading here about the hours, it says, “The hours of operation shall be from 8:00 a.m. to 6:00 p.m.” its like dictating you don’t have any flexibility in your hours that’s why you want to change it, it seems you should have more flexibility, that those are the maximum 8:00 a.m. to 6:00 p.m. are the maximum hours that you have, and it also says. “No more than five (5) days per week.” Maybe you want to open seven (7) days per week? It just seems like we are opening restrictions it should be not limited to five (5) days a week and not specific to when you have too you know, those should be maximum hours. Mr. Lydgate: Commissioner, its music to my ears, I feel like I’m just trying to be the best driven business operator I can. I like the weekends, it’s an opportunity to make noise if we have to do a project around the tour grounds or sometimes do a big arborist project or something like that and I enjoy relaxing. However, it would be nice to have the flexibility to sometimes do an event because often, local people you know, Saturday is a great day for them its kamaaina and that kind of a thing, 15 so just these comments about removing restrictions, great. And I will, as I said it’s a use permit context you will hear from me, you will hear back if people think there are abuses, you will hear back, and I am sensitive to the neighborhood setting and wouldn’t plan on using all that time. In fact, make this nice and type it and then I am looking for other parcels (Inaudible) and closer to the highway. Ms. Apisa: I do see here that on July of 2017, the restriction of one (1) tour per day was increased to allow two (2) additional tours I believe, is that correct? Right now, you are allowed up to three (3) tours? If I am reading this right? Mr. Lydgate: Yes, it was five (5) some of the Conditions were in the introductory paragraph and some of the conditions were listed in the introductory paragraph is the one that states I believe one (1) tour per day. And then I think the condition number two (2) just states twenty-five (25) people per tour. I could have that wrong. So yeah, so no. Ms. Apisa: Permit history in July 2017, the applicant requested Condition No. 2., to allow two additional tours and it was subsequently approved. So, it seems like you are allowed three (3) tours? But it doesn’t say per day, per week, it doesn’t say…I assume it means per day. Mr. Lydgate: Yes. Mr. Cua: A just for the application purposes you know, the project was originally approved for three (3) tours per week and in 2017 they allowed two (2) additional tours, so it increased from three (3) to five (5) and today, it remains as that. You know, its still five (5) days in the week. Ms. Apisa: Okay, so it is basically one (1) tour per day five (5) days a week. Mr. Cua: Technically there was no limitations on the amount per day, but I believe Will represented at the time, that as a good neighbor just to limit his tours to a single tour per day. But Technically the original approval did not specify any restrictions to the amount of tours per day. And I understand that Will is trying to control the environment as well. Mr. Ako: I have a question too, I’m still not clear about the number of tours per day? Or per? Mr. Cua: Just for clarification purposes I can read the Condition. So, as it currently reads today, and this was the result of the amendment that was done in 2017, the current Condition reads, “the agriculture commercial tours shall be limited to no more than five (5) days per week with no more than twenty-five (25) paying participants per tour, and the hours of operations shall be from 8:00 a.m. to 6:00 p.m.” that is how it currently reads today. And with the request that’s being proposed the applicant is seeking to eliminate the restriction on the number of participants in the tour and the hours of operation will be shortened by two (2) hours. So, the new Condition if approved will read, “the agriculture commercial tour shall be limited to no more than five days per week and the hours of operation shall be from 8:00 a.m. to 4:00 p.m.” That is what is being proposed or that is what is before you for your consideration. Mr. Lydgate: So, I guess I came before the Planning Commission to get my hours shortened. I guess what I am looking for here is just a mandate from the Commission you know, to be able to 16 conduct tours and maybe as the Commission has suggested it’s something simple. I know that we have discussed hours from 8:00 a.m. to 6:00 p.m. and maybe eliminate the days per week and I don’t intend to use all of those, but gosh the flexibility is nice. We have a popular product, and it is exciting award-winning product and people want to get it feel that mandate from the Commission to move forward. But its really in terms of the details I was operating under the assumption that we could only do one (1) per day and maybe misinterpreted the way the letter was written but I appreciate Mr. Cua and yes, I am here and in your hands. Mr. Hull: Yes, if I can add Commissioners, I think there may have been some confusion there, I think, and the Department is open to an array of different options for actions with Mr. Lydgate application. I think if the Commission is looking at opening beyond what his petition asks for the Department would be hesitant in taking action today, because of the fact that his application has been made publicly available neighbors, community members could read it, and some may have chosen not to participate or say testify under grounds the did not have any objections to what the application was asking for. And so, I think to be prudent if there is, and I think the Department open to opening it up for possibly another day or additional hours beyond what’s requested on the application, but again, I would be hesitant to take action on that type of action here or recommend taking that type of action or proposal here today, on the basis I think we would need to do further publication notices as well as making that application publicly available. So, think from the Departments position I think we are ready to recommend taking action as proposed with these Conditions or If the Commissions need is to open it up further the Department is definitely open to that and would be genuinely supportive, but I think additional leg work would need to be done and would ask for a deferral. Mr. Lydgate: If I could, if I could just comment as the applicant. I am more than happy with these unlimited operation of tourist within 8:00 a.m. to 4:00 p.m. five days per week and perhaps two (2) years from now when we see each other again, for those of you who are still serving we can then go for he further thing. I’m not looking to, that would be sufficient for our growth. Ms. Apisa: Just being the devil’s advocate here, I am not reading that its limited to one (1) per day. Technically, what it says is “the agricultural commercial tours shall be limited to no more than five (5) days per week,” it does not say how many per day, it just says “no more than five (5) days a week and no more than twenty-five (25) per tour, and your hours of operation shall be 8:00 a.m. to 6:00 p.m.” Mr. Hull: Yes, Commissioner Apisa, you know, to that I think there maybe some disagreement on how perhaps the applicant had interpreted the previous amendment and how the Department interprets it. But what I think is before you folks today, is a straight up “the applicant is allowed to have tours between 8:00 a.m. to 4:00 p.m.” with no restrictions on tour amount and no restrictions on number of participants on the tours. Its just tour operation time frame from 8:00 a.m. to 4:00 p.m. Ms. Apisa: If I heard him correctly, he is okay with the twenty-five (25) participants he just wants to have more tours per day, is that correct? Mr. Lydgate: Commissioner, it would be great to have that twenty-five (25) removed, I mean somebody, twenty-five (25) is an odd number you bring your husband he can’t come on because it 17 would be twenty-six (26). I would love the free operation of commercial agriculture tours within 8:00 a.m. to 4:00 p.m. striking language that mentions number of tours and striking language that mentions number of people per tour would be my request. Ms. Apisa: I am ready to make a motion. If I may, Chair? Chair DeGracia: Actually, before we move forward with that, I know further earlier comments, surrounded the inclusion of parking conditions or any amendments to that to include, I know it was discussed within a half-acre, but for the Department is there any way to include I guess language? Mr. Hull: Yes, the Department, and Will, I am going to read this as an oral possible amendment to the recommendation of approval. So, in addition, the Department recommend in addition to Condition No. 2., which is amended and the Condition of Condition No. 10., which is listed in Mr. Cua’s report, we would look at amending Condition No. 3 to state the following: all tour participants vehicle parking demands shall be accommodated with an (off street, off-driveway) parking area that is located on the subject property or associated properties. Mr. Lydgate: Very reasonable. Ms. Nogami-Streufert: So, there are three (3) Conditions, three (3) amended Conditions. Three (3) and ten (10). Okay. Chair DeGracia: I will accept a motion. Ms. Nogami-Streufert: I move to accept the Director’s Report with the addition of the third Condition on parking. Ms. Otsuka: I second. Chair DeGracia: It’s been moved and seconded. Clerk, could we have a roll call? Mr. Hull: Roll call Chair. Ms. Barzilai: Pardon me, pardon me, Chair. I’m sorry. It is Laura. Office of the County Attorney. Commissioner Streufert and Chair, I think maybe we clarification on the motion to approve the various permits with Conditions and not primarily with regard to the Director’s report. Perhaps, Commissioner would like to restate her motion. Ms. Nogami-Streufert: all right, I move to approve Class IV Zoning Permit Z-IV-2015-10, Use Permit U-2015-9, Special Permit SP-2015-1 with the three (3) amendments. Ms. Otsuka: I second. Chair DeGracia: It’s been moved and seconded. Clerk, could we have a roll call vote, please? Mr. Hull: Roll call, Mr. Chair. Commissioner Ako? 18 Mr. Ako: Aye. Mr. Hull: Commissioner Apisa? Ms. Apisa: Aye. Mr. Hull: Commissioner Chiba, excused. Mr. Hull: Commissioner Otsuka? Ms. Otsuka: Aye. Mr. Hull: Commissioner Streufert? Ms. Nogami-Streufert: Aye. Mr. Hull: Chair DeGracia? Chair DeGracia: Aye. Mr. Hull: Motion passes 5:0, Mr. Chair. Ms. Nogami-Streufert: Congratulations and good luck. Mr. Lydgate: Thank you so much I look forward to delivering good things for Kauai and very much appreciate your support. Thank you all so much. COMMUNICATION. Mr. Hull: Moving on to the next agenda item, we have no further Communications. COMMITTEE REPORTS. Subdivision Mr. Hull: Next, on the agenda item is J. Committee Reports excuse me, J.1., Subdivision Committee Consideration and Action on all Subdivision matters listed on the Subdivision Committee Agenda. I will turn it over to the Subdivision Committee, Chair Ako for the Subdivision Committee report. Chair Ako: This morning our Subdivision Committee Planning Commission met it was called to order around 8:50 a.m. and present were Commissioner DeGracia and myself. The Committee acted upon two (2) applications. One (1) was a preliminary map subdivision of the Kukui’ula map and the second one was the final subdivision of the proposed DLNR Base yard facility out in Hanapepe. Both were approved by a 2:0 vote. And the meeting was adjourned at 9:23 a.m. Do you have any questions? Chair DeGracia: May I have a motion to accept or approve the Report? 19 Ms. Apisa: I move we approve the Subdivision Report as presented. Ms. Otsuka: Second. Chair DeGracia: It’s been moved and seconded to approve the Subdivision Committee Report. All in favor say, aye? Aye. (Unanimous voice vote). Any opposed? Hearing none. Motion carried 5:0. UNFINISHED BUSINESS (For Action) Mr. Hull: Moving on to agenda item K., Unfinished Business we have none for this meeting. NEW BUSINESS (For Action) ZA-2022-2: A bill for an ordinance amending Chapter 8, Kauai County Code 1987, as amended, relating to Comprehensive Zoning Ordinance (CZO). The proposal amends Section 8-1.4 of the CZO relating to the Application of Regulation and more specifically, standards involving the placement, design, and construction of outdoor hazard warning sirens = County of Kauai, Planning Department. Mr. Hull: Moving on, Chair to L. New Business for action. Zoning Amendment ZA-2022-2: A bill for an ordinance amending Chapter 8, Kauai County Code 1987, as amended, relating to Comprehensive Zoning Ordinance (CZO). The proposal amends Section 8-1.4 of the CZO relating to the Application of Regulation and more specifically, standards involving the placement, design, and construction of outdoor hazard warning sirens, the County of Kauai, Planning Department is the applicant on this. I will turn it over to Romio who is our planner for this for the Director’s Report. Staff Planner Romio Idica: Aloha. Good morning, Chair, and good morning, Commissioners. For your consideration this morning, Amendment to Chapter 8, Kauai County Code as amended relating to all hazard outdoor Statewide warning sirens systems ZA-2022-2, Applicant County of Kauai Planning Department. Within the Director’s Report provided to you the Kauai County Code does not specifically say that all hazard statewide outdoor warning sirens systems are exempt for zoning permit requirements. If any new proposed warning systems are being proposed especially within the coastal areas where these sirens are needed, would subject through sometimes a lengthy permitting process such as public hearings, planning commission approvals, environmental assessments, and variances to our shoreline ordinance. This amendment is to remove any excessive permitting process for something that is beneficial to the general health, safety, and welfare for the Island of Kauai. That concludes my summary for this amendment. Any questions before I read the recommendations? Mr. Idica read the Project Description and Use, Additional Findings, and Preliminary Evaluation sections of the Director’s Report for the record (on file with the Planning Department). Chair DeGracia: Commissioner’s any questions? Ms. Apisa: No questions. 20 Chair DeGracia: Okay. Ms. Nogami-Streufert: I guess I am a little confused. Your recommendation is to tentatively approve but also to defer. How does that work? Mr. Idica: It goes to the County Council, Commissioner. Ms. Nogami-Streufert: Oh, that’s what the deferred part of it means? Mr. Idica: That is correct, yes. Ms. Nogami-Streufert: Okay. Mr. Hull: Apologies, Commissioner Streufert, I think you caught a possible type of error. The tentative approval we are recommending approval and stop. The deferral, it’s a type-o there it’s a full approval by the Planning Commission, which would then be forwarded to the County Council for review and action. And just for further clarification, the bill essentially exempts them from the zoning requirement and a class one zoning permit is relatively easy its $30.00 over the counter you provide the plans. The thing is that some of these facilities need to be in the shoreline setback area, and as you guys are aware, we have served every robust requirement to situate, to cite a structure in the shoreline setback area because of the fact, that it will be subject to coastal inundation. That generally applies to private structures and structures that you know, aren’t necessarily related to the public good and overall heathy and safety and well-being of our community. There are no exemptions for facilities like this, and so theoretically under the standards of the Shoreline Setback Ordinance which is generally for single family dwellings and residential or private structures. The citing of these facilities may not be able to be cited appropriately within that area given our requirements for the shoreline setback area. We thought it prudent to exempt these facilities to get them cited exactly where they needed to be cited. Mr. Ako: Kaaina, does that mean that pretty much that H.E.M.A (Hawaii Emergency Management Agency) has full discretion in terms of where they would like to (inaudible)? Mr. Hull: From a zoning perspective, yes, it will take away all jurisdiction from both the Planning Department and the Planning, forgive me. It will take away all jurisdiction from a zoning perspective but not from the special management area perspective. They would still have to get SMA permits, which are technically is a state regime that the County processes on behalf of the state. Almost all these facilities could be done via an SMA minor permit because they are within the five hundred-thousand-dollar threshold. But they could theoretically get bumped up to a SMA major like in the event we identify say, “culture” it’s been a heavy topic over the past few months, we identify the fact that it maybe impactful to cultural practices or assets or resources. And we felt it not prudent for HEMA to cite it there, we couldn’t deny it, but we would send it up to the Planning Commission for further review given say, impact of that resource. So, from the SMA prospective it doesn’t take away that review and analysis, but from the zoning perspective, and just be clear the shoreline setback ordinance is a very particular ordinance for structures to be moved away from coastal hazard areas. And the fact of the matter is we need these sirens in these areas where there are coastal hazards warn for those hazards sometimes. 21 Mr. Ako: Got it. Thank you. Chair DeGracia: Any further questions? Alright, you can move forward Romio, with your recommendation. Mr. Idica: Thank you. Based on the forgoing and conclusion it is recommended that the subject request to amend Section 8-1.4(e) of the Kaua`i County Code be approved and deferred further for analysis… Mr. Hull: Sorry, that was taken from the previous language. Romio, we are just recommending approval on this. Mr. Idica: Okay. Should I read it again? Mr. Hull: Please do. Mr. Idica: Okay. Based on the forgoing and conclusion it is recommended that that the subject request to amend Section 8-1.4(e) of the Kaua`i County Code be approved. Ms. Nogami-Streufert: I move to accept the Planning Departments recommendation for Zoning Amendment ZA-2022-2. Ms. Otsuka: Second. Chair DeGracia: Motion is to I’m sorry, is it to approve Zoning Amendment ZA-2022-2 with the recommendation of the Department? Ms. Nogami-Streufert: Yes. Right, and the recommendation of the Department is just to approve the amendment. Chair DeGracia: Okay. Thank you for that clarification. Kaaina, can I please get a roll call vote. Mr. Hull: Roll call vote motion to approve Zoning Amendment ZA-2022-2. Commissioner Ako? Mr. Ako: Aye. Mr. Hull: Commissioner Apisa? Ms. Apisa: Aye. Mr. Hull: Commissioner Otsuka? Ms. Otsuka: Aye. Mr. Hull: Commissioner Streufert? Ms. Nogami-Streufert: Aye. 22 Mr. Hull: Chair DeGracia? Chair DeGracia: Aye. Mr. Hull: Motion passes 5:0, Mr. Chair. Could we take a brief second the Deputy informed me that a member of the public has raised their had concerning public testimony with your discretion Chair, we would like to allow this member of the public to raise their concerns? Chair DeGracia: Please. Mr. Hull: Jodi, we are going to let the member of the public in Ms. Higuchi Sayegusa: I…Ms. Kaiulani (inaudible) so you are now able to unmute yourself when you are able and raise any concerns you may have. Whenever you are ready are audio and video are abled and are operational at this point on our side so whenever you want to unmute, yourself you may begin to talk. Mr. Hull: Kaiulani, this is the Planning Director and the Clerk of the Commission. So, the time for public testimony has passed but we are recognizing that you are logged in after the time, so if you would like to provide testimony on any of the agenda items the Chair has provided you with the opportunity. So, you must unmute yourself and state what agenda item you would like to testify on. Ms. Higuchi Sayegusa: And if that fails there is an ability for you to call-in, in an abundance of caution the agenda does list a means to call in using a phone line and I can read that to you right now. One of the numbers that you could call is 1-669-900-9128, you would enter the webinar ID 141 0280 0366, and whenever it prompts you to say participant ID you just press #. That is also listed on our agenda, so if you are not able to unmute yourself (inaudible) you are able to call in. Chair DeGracia: Clerk, hearing no response would it be prudent to take a five (5) minute recess to maybe sort this out? Mr. Hull: Yes. Chair, if we could take a ten (10) minute recess. And Jodi, if you could relay the phone numbers to the member of the public so that perhaps she can call in if she would like to. But if we could get a ten (10) minute recess for now, Chair. Chair DeGracia: Okay. Ten (10) minute recess lets reconvene let’s say about 10:55 a.m. or a little under. Mr. Hull: Thank you, Chair. The Commission recessed this portion of the meeting at 10:46 a.m. The Commission reconvened this portion of the meeting at 11:00 a.m. Chair DeGracia: Call the meeting back to order after the recess. 23 Mr. Hull: All right, Chair. Its 11:00 a.m. whenever you are ready to reconvene the meeting, we can do a roll call. Chair DeGracia: Okay. Mr. Hull: Roll call, Mr. Chair. Commissioner Ako? Mr. Ako: Here and by myself. Mr. Hull: Commissioner Apisa? Ms. Apisa: Here and by myself. Mr. Hull: Commissioner Otsuka? Ms. Otsuka: Here and by myself. Mr. Hull: Commissioner Streufert? Ms. Nogami-Streufert: Bye myself. Mr. Hull: Chair DeGracia? Chair DeGracia: Here and by myself. Mr. Hull: You have a quorum Five present, Mr. Chair. I apologize for that brief (inaudible) Kauai were going through a series of thunderstorms and flash floods, and I think it’s having an effect on some of our power systems. Since we are back, I think that should have given ample time, to the member of the public to call in and sort out any technical issues. Ms. Higuchi Sayegusa: I believe I heard her audio. Whenever you are ready, please state… Mr. Hull: Kaiulani, as I was stating earlier, the time for public testimony has passed however, the Chair is allowing for additional testimony. So, did you have a particular agenda item you wanted o to testify on? Ms. Kaiulani Kahakuakoi: Aloha, can you hear me? Mr. Hull: Yes. Ms. Kaiulani Kahakuakoi: Aloha, can you hear me? Mr. Hull: Yes. Ms. Kaiulani Kahakuakoi: Yes, I have been on for almost an hour trying to get in. The pound 24 didn’t work, I guess you had to put # 294978# in order for me to be put through and that wasn’t posted, I don’t know, there is some kind of confusion. I had couple things I wanted to share. Thank you for allowing me the opportunity to speak. There was a motion passed with only two persons. I was just wondering if that was your quorum, that two is your quorum? There was a motion passed and accepted. Let it be known by all persons and those present that I, Kaiulani Kahakuakoi am the Hawaiian National Aboriginal Descendent a Lineal Heir and Representative of Heirs and Assignees of Royal Patent 7714, which is mateo Ke Koanna ‘oa, the lands of which are in question. Hereby, declare and vested to you notice of my preservation hereditary undivided lineal interest in the land that is referred to a Royal Patent 7714 held in an allodium with all its rights, titles, and interests to include all mineral rights as declared in said certain parcels of lands and granted by the King Kauikeauoli as described in the registry of land title book deposited with the minister of interior Ko Hawaii, Hawaii Pai ‘aina. These royal patents having bee adjudicated by the board of commissioners to quiet land titles and authorized by the Hawaiian Government of Ko Hawaii Pai ‘aina, and having never being acquired by another jurisdiction, is preserved under said jurisdiction within its legal territory with all the rights and benefits thereof, Kaiulani, known here an after as an heir with an undivided interest. I wanted to make it known on thee record for your committee meeting, having been made privy to this information as of last night, the land in question belongs to my grandfather, and as a lineal descendant of these lands I will be serving your committee. The parties in question, I wanted to get some addresses, but I just wanted to inform you guys, the lands that government protect allodial title lands in question, freed allodial title holders to step forward as the supreme title holders patent as evidence in a court of law of regularity of all previous steps to it, and no facts behind it can be investigated a patent cannot be collaterally avoided at law even for fraud. So, I am bringing known for the record because this is being recorded that as a lineal descendent to these lands, our entire family that exceeds over a thousand of us currently have vested interest in the lands in which you decided upon in which jurisdiction is given to you by the State of Hawaii. However, as a lineal descendent, we have the superior land title holder, and being having made this information brought to me last night, I am making it known to your committee in whatever service and extension you do and serve to the people of Kauai, that the lineal heirs supersedes all those in which you grant authority by permit to authorize business, commercial, erections, agricultural, residential, and just be informed that I will be participating further and here on out to bring forth the heirs interest who cannot speak and those who are yet to be here. So, if you are not aware of the royal patent under this land in which you are acting to issuing permits, the patent in prima facie conclusive evidence for the title, this could be evidenced by Marsh vs Brook. A patent once issued is the highest evidence of title and is the final determination of existence of all facts. So, for the record, once again, I just wanted to make it known that the lineal heirs and descendants of Ke Koanna‘oa for these lands in question in which you permit titles and issuance for commercial expansions I will be on the meeting as well. Mahalo for your time, I greatly appreciate it. Mahalo, mahalo, mahalo. Mr. Hull: Thank you for your testimony and just as a follow-up, if you send an email directly to the Planning Department email address, we can get you the contact information and addresses for the parties involved with those applications. Thank you for your testimony. With that Jodi, do we have any other members of the public that logged in? Ms. Higuchi Sayegusa: I am not seeing anyone further on the attendee list. Mr. Hull: Thank you, Jodi. With that Chair, and with your discretion are you okay with moving on 25 with the rest of the agenda? Chair DeGracia: Yes. Let’s move forward. Mr. Hull: Thank you. New Business (For Action) ZA-2022-3: A bill for an ordinance amending Chapter 8, Kauai County Code 1987, as amended, relating to Comprehensive Zoning Ordinance (CZO). The proposal amends Section 8-2.4 of the CZO relating to the Table of Uses and more specifically, permitting requirements for warehouses within the General Commercial zoning district = County of Kauai, Planning Department. Mr. Hull: Moving to the next Agenda Item L. New Business 2, Zoning Amendment ZA-2022-3: A bill for an ordinance amending Chapter 8, Kauai County Code 1987, as amended, relating to Comprehensive Zoning Ordinance (CZO). The proposal amends Section 8-2.4 of the CZO relating to the Table of Uses and more specifically, permitting requirements for warehouses within the General Commercial zoning district. The County of Kauai, Planning Department, we have a Director’s Report pertaining to this matter I will turn it over to Shelea Blackstad who is the planner for this matter. Staff Planner Shelea Blackstad: Good morning, Chair and Commissioners. For your consideration this morning Amendment Chapter 8, Kauai County Code 1987, as amended relating to the General Commercial Zoning District Table of Uses, ZA-2022-3, applicant the County of Kauai Planning Department. As currently written in the Table of Uses Section 8-2.4 (J)(25) identified warehouses in the Commercial General Zoning District as a permissible use. However, Section 8-2.4(l)(13), requires warehouse in the General Commercial Zoning District to obtain a use permit. The proposed amendment seeks to rectify the oversite and to generally permit warehouses in the general zoning district as what it was intended to be. That concludes my summary of the amendment. Any questions before I read the recommendation? Ms. Blackstad read the Project Description and Use, Additional Findings, and Preliminary Evaluation sections of the Director’s Report for the record (on file with the Planning Department). Chair DeGracia: Commissioners, any questions for the Department? Ms. Apisa: No questions. Chair Nogami-Streufert: This is just to rectify an oversite this is not anything new, it that correct? Ms. Blackstad: Correct. Chair Nogami-Streufert: Thank you. Chair DeGracia: Okay, if there are not further questions, you can read your recommendations. 26 Ms. Blackstad: Based on the forgoing evaluation and conclusion it is recommended that Zoning Amendment ZA-2022-3 be approved. Ms. Otsuka: Motion to approve ZA-2022-3, amending Chapter 8 Kauai County Code 1987 as amended. Ms. Nogami-Streufert: Second. Chair DeGracia: Motion on the floor is to approve. Kaaina, could we have a roll call vote, please. Mr. Hull: Roll call vote motion to approve Zoning Amendment ZA-2022-3. Commissioner Ako? Mr. Ako: Aye. Mr. Hull: Commissioner Apisa? Ms. Apisa: Aye. Mr. Hull: Commissioner Otsuka? Ms. Otsuka: Aye. Mr. Hull: Commissioner Streufert? Ms. Nogami-Streufert: Aye. Mr. Hull: Chair DeGracia? Chair DeGracia: Aye. Mr. Hull: Motion passes, Mr. Chair. 5:0. ZA-2022-4: A bill for an ordinance amending Chapter 8, Kauai County Code 1987, as amended, relating to Comprehensive Zoning Ordinance (CZO). The proposal amends Section 8-1.4 of the CZO relating to Application of Regulations and more specifically, density standards involving parcels that have been partitioned through the Condominium Property Regime (CRR) process, pursuant to Chapter 514B of the Hawaii Revised Statues = County of Kauai, Planning Department. Mr. Hull: Next up, we have L.3 New Business Zoning Amendment ZA-2022-4: A bill for an ordinance amending Chapter 8, Kauai County Code 1987, as amended, relating to Comprehensive Zoning Ordinance (CZO). The proposal amends Section 8-1.4 of the CZO relating to Application of Regulations and more specifically, density standards involving parcels that have been partitioned through the Condominium Property Regime (CRR) process, pursuant to Chapter 514B of the Hawaii Revised Statues County of Kauai, Planning Department. We have a Director’s Report for this matter I will turn it over to Kenny for a summary of the 27 proposal. Staff Planner Kenneth Estes: Good Morning Commissioners. The proposed bill for the ordinance has been initiated by the County of Kauai Planning Department and is hereby submitted to the Planning Commission for review and approval. I will read the amendment and justification as a summary of this report. The proposed legislation will regulate the number of CPR units created in a condominium property regime project based on the number of dwelling units that the project site is entitled to through the density standards established in their respective zoning district of the CZO. Currently, there is no language in the Kauai County Code that provides a nexus between a number of CPR 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 of Hawaii Department of Commerce and Consumer Affairs. Likewise, the underlying land of a 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 of the 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 a number of CPR units for a CPR project such that the number of CPR units would be consistent with the allowable density of a project and does not exceed the maximum allowable density. Further, the proposed legislation ensures that each individual CPR will qualify for at least one (1) dwelling unit since it would be consistent with the density standard established by this CZO. The Findings and Evaluations are in the report and that concludes my evaluation. Chair DeGracia: Commissioners, any questions? Mr. Ako: Yes. I got a question. You know, the fact that there is no nexus between this two, I guess these two issues, I guess, yes? Is that an oversite? Or was there no language for a purpose? Mr. Hull: Sorry, Commissioner. Could you repeat the question? Mr. Ako: Yes. I guess the fact that there is no nexus between the two, is it just an oversite that there is no language? Or is there was no language for a reason? Mr. Hull: You mean, as far as no language previously about density, capacity within a condominium property regime? Mr. Ako: Yes. It might have been an oversight and you know, it just not able to put the two together or was there no language because there was a… Mr. Hull: Yes, so deserves a little bit of a history lesson but we will try to be brief on the condominium property regime process in that Kauai is, you have to look back at why condominium property regimes were set-up. Kauai is the only island in the State of Hawaii, that has the one-time restriction on one time subdivision applications for the agriculture and the agriculture district. Meaning once a lot of land within the agriculture district is subdivided, it can never be subdivided again. It is one of the biggest protection tools we have for agriculture land to 28 ensure it doesn’t get chopped up and somewhat suburbanized that can happen on say other islands. It was a very preventive and protective tool for years but recognizing there were density units on agriculture land beyond so you can have one, two, three, four or up to five, but you could not resub divided it to utilize those densities as separate parcels. What happened back in the 80’s is you know; I don’t want to mischaracterize it, but a group of very savvy land use attorneys and realtors took the condominiazation process, the legal process of condominiuamizing a lot, which was generally used for vertical structures, right? When you have condominium A, B, and C, on the first floor and you know, and so on and so forth on the second and third floors. It’s a vertical property regime that allows you to buy individual units on a single lot of record. So, it’s a fractural ownership of individual units on a single lot of record. What they did back in the 70’s or 80’s was they took they the condominium regime from a vertical standpoint and flipped it horizontally so that they could lay condominium units over agriculture lots that could no longer be re subdivided because of the one-time sub rule. That created a CPR process to CPR condominiumize units on one existing lot of record in the agricultural district. That was kind of the purpose of it, and I want to say that it wasn’t a nefarious thing of trying to scheme against a particular land use policy, I wouldn’t say that was at the heart of it. It was just a way of looking at separate and fractural ownership of lots of record. What happened with that process where now by you can have individual units and break up these agricultural lands as they are germane to the density to have a dwelling unit on it, some developers started getting a bit nefarious with that process and did begin chopping up CPR units that were not entitled to dwelling units. And what happened was the units started getting sold in the market and granted in the various series of documents and what have you, buyer beware, some people bought those units and for better or worse could not construct dwelling units on it. Add that component here have been some projects (inaudible) that have explicitly gone in and created CPR units for farm purposes that do not have dwelling units. It ended up in a bit of a mess in that, many of those properties ended up having illegal structures because the farmers need to put a dwelling unit on these sites. And to a certain degree the farmer worker housing ordinance was spun up to specifically address those housing needs of farmers on CPR units without dwelling unit capacity. So, what happened with some of that stickiness to go back to some developers creating units without density, and not really for just farm purposes but just for the speculative market. We, I wasn’t here, but my understanding is the Planning Department warned and explained to the Hawaii Real Estate Commission, this will be problematic, you will have buyers that will be upset, it could create conflict and possible liability for the selling of these lots without dwelling units. At first, the Hawaii Real Estate Commission was not lending an ear to the Planning Departments concerns in the 80’s, because a lot of these units ended up on the market, because there was a lot of problems with buyers purchasing without dwelling units attempting to get building permits for dwelling units, they did not have a right to. The Hawaii Real Estate Commission, whom we really got to give kudos to this, started checking in with the Planning Department on every condominium property regime on application. So, every CPR application that comes in goes to the Hawaii State Commission. They now send to the Planning Department to determine if it meets all our standards and codes. We respond our biggest check is whether or not it has density, each of those units have the ability to construct a dwelling unit. If it doesn’t, Hawaii Real Estate Commission will essentially not allow the CPR to go through until the CPR capacity meets the dwelling unit capacity of the respective lot of record. It has had to be going on for fifteen years, and it has worked wonderfully. What we have been informed of by some attorneys at least in speaking, is that absent and actual codification of that rule in our ordinance and administrative rules that 29 CPR’s need to be restricted, that there is some legal thought that the Planning Department does not have the authority or the Real Estate Commission to restrict CPR units to the respective property’s density. So, this is just putting it on the books to officially have that there to prevent any legal challenges. Sorry, that was I know, a lot. I am not sure it all made sense. If it didn’t? I can fully clarify, just let me know. Mr. Ako: Thank you, I did understand the meaning. Chair DeGracia: Any further questions, Commissioner? Ms. Apisa: Kaaina, thank you. And I want you to know I do support this I just have questions to make sure I understand it. Does this apply to new CPRs or existing? Mr. Hull: Only new CPRs. Ms. Apisa: That is what I thought, thank you for clarifying. And then, a guest house, if you have five houses and a guest house, could that be a six unit or a five unit? Mr. Hull: Under the way we interpret the existing rules as well as this rule, the guest house could not be on separate CPR. Ms. Apisa: Very good. Thank you. I also, support that. Chair DeGracia: Any other questions? If not, I’ll entertain a motion. Ms. Apisa: I move that we approve the Planning Departments recommendation regarding ZA- 2022-4, a bill for an ordinance amending the Chapter 8, Kauai County Code 1987, as amended relating to Comprehensive Zoning Ordinance (CZO). Amending Section 8-1.4 of the CZO relating to Application of Regulations and more specifically, density standards involving parcels that have been partitioned through the Condominium Property Regime (CPR) process. Ms. Otsuka: Second. Chair DeGracia: Motion is to approve Zoning Amendment ZA-2022-4. Roll call, Mr. Clerk. Mr. Hull: Roll call, Mr. Chair, for motion to approve ZA -2022-4. Commissioner Ako? Mr. Ako: Aye. Mr. Hull: Commissioner Apisa? Ms. Apisa: Aye. Mr. Hull: Commissioner Otsuka? Ms. Otsuka: Aye. Mr. Hull: Commissioner Streufert? 30 Ms. Nogami-Streufert: Aye. Mr. Hull: Chair DeGracia? Chair DeGracia: Aye. Mr. Hull: Motion passes, 5:0. Mr. Chair. EXECUTIVE SESSION Mr. Hull: Next on the agenda, we have Agenda Item, M., which is essentially listing of executive sessions for all possible agenda items under the expressed instructions of the Office of Information Practices, we did need to restructure on how we listed our executive session agenda matters. Being that all these issues have passed I don’t anticipate the Commission needing to go into executive session, but just to check were there any Commissioners that desire to go into executive session items listed under agenda item M? Hearing none. That just about rounding out the agenda. ANNOUNCEMENTS Topics for Future Meetings The following regularly scheduled Planning Commission meeting will be held at 9:00 a.m., or shortly thereafter on April 12, 2022. 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: Next, we go into N., Announcements and Topics for Future Meetings. Before we go int those topics I would just like to note this is Commissioner Streufert’s last meeting unfortunately for us. Ms. Otsuka: So, may I say something? Mr. Hull: Absolutely, go ahead commissioner. Ms. Otsuka: Okay Glenda, it saddens me that today is your last meeting and I want to acknowledge and thank you for your dedication, your support, and your knowledge for years of service with the Planning Commission. I personally, am going to miss your presence. Thank you. Ms. Nogami-Streufert: Thank you. I appreciate it. Ms. Apisa: Glenda, I second that, having served I think my whole time, you’ve been on the commission with me. You will certainly be missed. You have been a wealth of wisdom, and good questions and will definitely be missed. Ms. Nogami-Streufert: Thank you. I will still be around the island (inaudible) see you at Costco and Walmart and around town. Mr. Ako: Me too, Glenda. I would just like to thank you for all that you have done, I mean, I am the guy who has just come on board and I am not sure how to act and how to behave and yet I think you were the one who gave me the courage to ask questions and then again, maybe you 31 gave me to much courage, I don’t know but thank you so much, and I hope I see you in Costco too. Ms. Nogami-Streufert: Sure. I hope Kaaina doesn’t (inaudible) the day that I talked to you and said you can ask questions. Chair DeGracia: Yes, Glenda, thank you so much. I’d like to echo everybody’s sentiments as well. Thank you. Ms. Nogami-Streufert: Thank you, I thought I was going to ease out very quietly. Mr. Hull: Well, I can say Commissioner Streufert and for all the Commissioners, that obviously we have stumbled in the past few meetings with agendas, postings and not withstanding today’s power outages in the middle of a flashflood and thunderstorms. Half of my thinking is that the land use gods not wanting to let Commissioner Streufert in making everything as hard as possible to get through these agendas but alas, all good things must come to an end. But, before that does happen, I just want to much like the other commissioners, Commissioner Streufert extend our heartfelt thank you, to you and your service here at the commission. I think you brought this wholistic approach to all of the policies and applications you reviewed. There is definitely a thoughtful tenacity you bring to everything that comes before you that keeps not just the Commission but indeed the Planning Department, the members of the public, and the applicants on their toes constantly looking and ensuring that the policies and applications that get reviewed are done to the betterment of Kauai. And I do think having you here, and your time with us here has truly benefited the built environment not just today, but for future generations to come. So, thank you, thank you so much for your time here. So sorry we are not in person, but I am sure we are able to gather shortly as move into a somewhat of a sense of normalcy within the pandemic, but thank you, thank you, again. Ms. Nogami-Streufert: Well, I…go ahead, I am sorry. Ms. Otsuka: I’m sorry, before Glenda puts on her party hat. What is the ruling as far as a commissioner can come back? Ms. Nogami-Streufert: Well before we get into that, I want to thank everybody for everything we have done and been through and I don’t want to take anything off the table for the Planning Commission, but I just want people to know on Kauai, that the Planning Department is one of the hardest working departments in the County and the quality of work and the quality of people that are in their just can’t be beat anywhere else. And we are very lucky, I am sorry, we are very fortunate that we have people in the Planning Department who are so dedicated not just for today, but also, looking into the future with all of the different plans we have for the different parts of the island. Its so refreshing to see that we have a path forward and it’s a well identified path. And it also allows for flexibility so, I really, I don’t know how else to say this, but we on Kauai are extremely fortunate to have everybody that we have in the Planning Department. And thank you very much for all of the help and all of the answers given to all my questions and I really appreciate that, and I really appreciate you working with me, and I appreciate working with you. Thank you and good luck to everybody because it is not going to get any easier but it is going to be a lot and the future of Kauai is in very good hands with all of you, so thank you so much and I appreciate it. Ms. Otsuka: Thank you, Glenda. Mr. Hull: Thanks, Glenda. And with that, the following regularly scheduled Planning Commission Meeting will be held at 9:00 a.m. or shortly thereafter on April 12, 2022. The Planning Commission and this is going to be a new one and first in a while, anticipates this meeting to be held-in-person at the Lihue Civic Center, Moikeha Building, Meeting Room 2A-2B, 4444 Rice Street, Lihue, Hawaii 96766. The Commission also anticipates providing telephone and virtual platform capability for members of the public to testify remotely. The Commission will announce its intended meeting method via an agenda electronically posted at 32 least six days prior to the meeting date. And with that, we are ready for adjournment, Chair. Ms. Apisa: Kaaina, can I ask? In April do you anticipate two meetings or just the one? Just so I can plan my calendar. Mr. Hull: We are looking at I think right now, just one. Ms. Apisa: Okay, thank you. Mr. Hull: Just for you folks to know too, May is shaping up to possible have two. ADJOURNMENT Ms. Apisa: Okay, thank you. I move to adjourn. Ms. Otsuka: Second. Chair DeGracia: Motion to adjourn is on the floor. All those in favor? Aye. (Unanimous voice vote). Any opposed? Motion Carried. 5:0. Thank you Everybody. Chair DeGracia: adjourned the meeting at 11:30 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. 1 MCCORRISTON MILLER MUKAI MACKINNON LLP LAUREL LOO 4806 4463 Pahe`e Street, Suite 208 Lihu`e, Kaua`i, Hawai`i 96766 Telephone No.: (808) 632-2267 Facsimile No.: (808) 524-8293 Attorney for Applicants RUSSELL AND BONNIE CALDERONE BEFORE THE PLANNING COMISSION OF THE COUNTY OF KAUA`I In the Matter of the Application ) SMA PERMIT NO. ________________ ) CLASS III ZONING PERMIT NO. _____ ) Of ) APPLICATION FOR SPECIAL ) MANAGEMENT AREA USE PERMIT; RUSSELL and BONNIE CALDERONE, affecting real property at Moloa`a, Island ) ) SMA (U)-2022; EXHIBITS “A” – “E” and County of Kaua`i, State of Hawai`I, ) more particularly Identified as Tax Map ) Key No. (4) 4-9-014:026, containing an ) area of 5,532 square feet, more or less ) ________________________________. ) APPLICATION FOR SPECIAL MANAGEMENT AREA USE PERMIT I.APPLICANTS AND OVERVIEW A.. Applicants: The Applicants are RUSSELL and BONNIE CALDERONE, who have authorized Laurel Loo of McCorriston Miller Mukai MacKinnon, LLC, to file this Application. F.2.a./L.1. JUL 26 2022 2 B. Property: The Property is located at 3532 Moloa’a Road, Kauai, Hawaii, and is more particularly identified as Tax Map Key (4) 4-9-014:026. A legal description of the Property is described in the Deed to the Property, attached hereto as Exhibit “A”. The Property is located close to Moloa’a Bay; fronting the Property is Moloa’a Road, another oceanfront lot, and Moloa’a Bay. An aerial photo shows the Property outlined in yellow and is attached hereto and incorporated herein as Exhibit “B”. C. Overview of Application: The Applicants are seeking to build a single- family residence on this vacant lot in the Special Management Area. A Shoreline Setback Determination was approved by the Planning Commission on April 21, 2022. II. LAND USE DESIGNATIONS AND DESCRIPTIONS A. SLUC: The State Land Use is designated Agriculture. B. County zoning: County zoning is Open. C. The General Plan Designation: The General Plan designation is Agriculture. D. Special Management Area: The Property is in the Special Management Area. E. Shoreline Setback Area. The Property is located near the shoreline and a Shoreline Setback Determination was approved by the Planning Department as SSD- 2022-31 on April 21st, 2022. The required setback was determined to be 81 feet; the proposed setback by Applicants is between 87 and 91 feet. F. Constraint District(s). The Property is classified as S-FL: (Flood) and S-TS (Tsunami) districts. 3 G. Flood: The Property is designated VE; Zone VE is the flood insurance rate zone which corresponds to areas within the 1 percent annual chance coastal floodplain that have additional hazards associated with storm waves. Mandatory flood insurance purchase requirements apply. III. COMPREHENSIVE ZONING ORDINANCE A. Open. The Property is designated as Open zoning. Pursuant to Section 8-9.1 of the CZO: The Open District is established and regulated to create and maintain an adequate and functional amount of predominantly open land to provide for the recreational and aesthetic needs of the community or to provide for the effective functioning of land, air, water, plant and animal systems or communities. (a) To preserve, maintain or improve the essential characteristics of land and water areas that are: (1) of significant value to the public as scenic or recreational resources; (2) important to the overall structure and organization of urban areas and which provide accessible and usable open areas for recreational and aesthetic purposes; (3) necessary to insulate or buffer the public and places of residence from undesirable environmental factors caused by, or related to, particular uses such as noise, dust, and visually offensive elements. (b) To preserve, maintain or improve the essential functions of physical and ecological systems, forms or forces which significantly affect the general health, safety and welfare. (c) To define and regulate use and development within areas which may be potentially hazardous. (d) To include areas indicated on the County General Plan as open or as parks. As evidenced by the location map attached as Exhibit “B,” nearly every other parcel in the vicinity includes a single-family dwelling. The character of the neighborhood is generally one single-family dwelling per lot, with a large number of 4 shade trees. There are some open views toward the ocean from Moloa’a Road. The Property abuts Moloa’a Stream. IV. COASTAL ZONE MANAGEMENT ACT AND SPECIAL MANAGEMENT AREA RULES AND REGULATIONS The Special Management Area Rules and Regulations of the County of Kaua`i state: No development shall be approved unless the Director or the Planning Commission has found that: 1) The development will not have any substantial, adverse environmental or ecological effect except as such adverse effect is minimized to the extent practicable and clearly outweighed by public health, safety, and welfare, or compelling public interest. Such adverse effect shall include, but not be limited to, the potential cumulative impact of individual developments, each one of which taken in itself might not have a substantial adverse effect, and the elimination of planning options; 2) The development is consistent with the objectives and policies, as enumerated in HRS Chapter 205A and as referred to in Section 3.0 above, and the Special Management Area guidelines set forth in these Rules and Regulations; and 3) The development is consistent with the county general plan and zoning ordinances. Such a finding of consistency does not preclude concurrent processing where a general plan or zoning amendment may also be required. Chapter 205A of the Hawai`i Revised Statutes lists as its objectives: recreational resources, historic resources, scenic and open space resources, coastal ecosystems, economic uses, coastal hazards, managing development, public participation, beach protection, marine resources, recreational resources, historic resources, scenic and open 5 space resources, coastal ecosystems, economic uses, coastal hazards, managing development, public participation, beach protection and marine resources. This application is for a modest single-family dwelling. The dwelling includes 1,430 square feet of interior living area, a 298-square-foot covered lanai, and a 600-square-foot enclosed garage. The total is 2,328 square feet under roof, consistent with the size of neighboring homes.1 Therefore, the proposed dwelling is consistent with the nature of the area. This home will serve as secondary residence for the Applicants and shortly will become their primary residence. It is a relatively modestly sized home for the area. As shown on the site plan, attached hereto as Exhibit “B”, total footprint of the proposed dwelling is 1,666 square feet. The proposed concrete driveway is 516 square feet, for a total proposed lot coverage of 2,182 square feet, or 39.44% lot coverage. Lot coverage of at least 3,000 square feet is permitted on any parcel of record existing prior to September 1, 1972 pursuant to Sec. 8-9.2 of the Kauai Comprehensive Zoning Ordinance. Because of the foregoing, the development will not have any substantial or adverse environmental or ecological impact. As such, the development is consistent with the objectives and policies of HRS Chapter 205A and the SMA guidelines adopted by the County. V. THE DEVELOPMENT Enclosed as Exhibits “B” through “E” are: B: Site Plan with lot coverage information; 1According to County tax records, the residence to the immediate north of the Property, TMK 4-9-014:027 has 2,534 square feet of living area; the residence to the immediate northeast of the Property, TMK 4-9- 014:015 has 1,722 square feet of living area; and the residence to the south of the Property, TMK 4-5- 014:020 has 1,754 square feet of living area. 6 C: Floor Plan; D: Elevations; and E. Exterior views. VI. NATIVE HAWAIIAN AND CULTURAL USES/KA PA’AKAI ANALYSIS The Applicant is unaware of any current traditional and customary rights practiced in the immediate vicinity. Applicant has never received any requests for access to the property from individuals claiming a traditional use. There are no visible trails or evidence of other uses on the Property. Applicant has contacted persons familiar with the area and who lived in the area for many years, or who belong to families who were raised in the area. Of note is that in 1946 a tsunami devastated Kauai, wiping out entire towns and developments. According to news reports, 14 people died and three others were never found. According to an article in The Garden Island, Nearly every dwelling in the makai areas of Ha‘ena, Kalihikai, Kalihiwai, Moloa‘a and Wainiha were totally destroyed or damaged. Anahola, Wailua and Nawiliwili were also hard hit. . . . [A]t Moloa‘a, a wall of water surged about one-half mile inland wiping out all of Moloa‘a’s nine houses — eight beach houses and the Lovell residence.2 Gloria Perreira Rafael, whose mother Loke “Jenny” Lovell lived in the area and whose house was destroyed by the 1946 tsunami, lived at Moloa’a Bay for a period of time. Her father, Charlie Perreira, was a famous weaver of fish nets. Rafael says her mother never spoke of any Hawaiian or cultural practices in the area, possibly not because 2 The Garden Island, “The 1946 Tsunami,” February 27, 2010. 7 there weren’t any, but probably more so because “I’m guessing she was told not to” because such matters are sacred. “But when the tidal wave came it may have taken things away,” she said. Heidy Huddy-Yamamoto, a Kauai resident, comes from a family who lived at Moloa’a Bay. Her grandmother’s home was on the Lihue side of the bay, toward the cliffs. Ancestral sites were located there, some 1200-1400 feet from the Property. But Huddy- Yamamoto is unaware of any other sites in the area, and agrees with Rafael that the 1946 tidal wave probably destroyed anything that may have been present. Moloa’a Stream previously was used to irrigate sweet potato fields in Moloa’a, but in recent years the strong odor of sewage has caused the water quality to be questioned. A theory that some residents and the Department of Health has is that sewage from cesspools upstream have polluted the stream.3 Applicant has also written to the State of Hawai`i Historic Preservation Division and the Burial Council, advising them of this application, and has received no comments or concerns. Because of the tsunami, and apparent lack of ongoing cultural and historic uses on or near this parcel, Applicants believe there is no negative impact to cultural and traditional practices on the parcel. VI. OTHER LAND FEATURES A. Threatened and Endangered Species. According to the University of Hawaii Rare Species database, there are no known or reported threatened and endangered species within or adjacent to the Property. 3 The Garden Island, “Surfrider, DOH zero in on Moloa’a Stream, February 7, 2017. 8 B. Critical Habitat. According to date from the Department of Land and Natural Resources and the Division of Forestry and Wildlife, there are no known or reported critical habitats within or adjacent to the Property. C. Soils. The entire parcel consists of 60% BS (Beach) and 40% HnA (Hanalei silty clay, 0-2% slope). D. Constraints District: The Property is designated SH (Shore) and ST (Tsunami). E. Public Beach Access: There are two existing public beach access easements near the Property. The closest access is across the street, and one property over, adjacent to Tax Map Key 4-9-014:016. VII. KAUAI KAKOU, KAUAI COUNTY GENERAL PLAN This application is consistent with the vision and goals of Kauai Kakou, in particular, Sections 1.3 and 1.4. Section 1.3 of Kauai Kakou envisions 1) A Sustainable Island; 2) A Healthy and Resilient People; 3) A Unique and Beautiful Place, and 4) An Equitable Place, with Opportunity for All. Tellingly, one of the goals under this section states: Kauai is a place where housing for all ages and income levels Is integrated into the fabric of each community . . . The Calderones are eager to move to Kauai, which will become their home. Section 1.4 of Kauai Kakou list 19 policies. Some of them include 1) Manage Growth to Preserve Rural Character, 2) Provide Local Housing, 3) Recognize the Identity of Kauai’s Individual Towns and Districts and 4) Design Healthy and Complete Neighborhoods. The dwelling will be modest, will provide housing for two local residents, 9 the Calderones, is designed by local architects to blend into the neighborhood, and will be built by a local contractor who lives in Moloa’a. All of these characteristics of the application meet the goals and visions of Kauai’s General Plan. VIII. IMPACT OF THIS DEVELOPMENT As stated in Sections IV. And V. above, there are no known historic or ecologic impacts this proposed dwelling would bring. The Applicants will live in the dwelling full time in the near future. Traffic will be limited to their personal vehicle(s) after construction is completed. IX. CONCLUSION Applicant respectfully requests the granting of a SMA Use permit to allow the development of a single-family dwelling, as depicted in the attached exhibits. DATED: Lihu`e, Kaua`i, Hawai`i, _________________________. Respectfully submitted, Laurel Loo Attorney for Applicants RUSSELL and BONNIE CALDERONE May 16, 2022 EXHIBIT "A" EXHIBIT "B" EXHIBIT "B" EXHIBIT "C" EXHIBIT "C" EXHIBIT "D" EXHIBIT "D" CALDERONE MOLOAA RESIDENCE FRONT EXTERIOR EXHIBIT "E" EXHIBIT "E" ORDINANCE N0.BILL N0. A BILL FOR AN ORDINANCE AMENDING CHAPTER 10 ARTICLE 6, KAUA'I COUNTy CODE 1987,AS AMENDED, RELATING TO THE WEST KAUAI COMMUNITy PiAN (County ofKauai Planning Department,Applicant) BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF KAUA'I,STATE OF HAWAI'I: SECTION 1.Findings and Purpose.The Kaumakani Plantation Camp areas maintains a unique sense ofidentity and has features and qualities that should be preserved.There are also vacant areas adjacent to these communities that are within the State Land Use Urban District and the Plantation Camp Zoning District that could be further developed. SECTION 2.The purpose of this ordinance is to utilize Form Based Code to maintain the unique historical character of Kaumakani's built environment while also allowing additional housing and limited commercial development on the vacant areas of the Kaumakani Camp and Kaumakani Avenue areas in manner that reinforces and maintains the patter ofthe associated neighborhood.Form Based Code is currently used as a zoning overlay in the town cores ofWest Kaua'i. SECTION 3.Section 10-3,Kaua'i County Code 1987,as amended,is hereby amended to add a Special Planning Area "O (SPA-0),which shall also be known as the Kaumakani Plantation Camp Walkable Mixed Use District".The Special Planning Area map shall be adopted with a new ZM-KC-100 (Kaumakani) and adopted within the West Kaua'i Community Plan as attached in Exhibit 1.The corresponding design standards in text format shall be adopted within the West Kaua'i Community Plan as attached in Exhibit 2. SECTION 4.The West Kaua'i Community Plan is hereby amended to adopt a Kaumakani Plantation Camp Walkable Mixed Use District map and design standards through Appendix D. SECTION 5.The Planning Department is directed to note the change on the official Zoning Map on file with the Commission. SECTION 6.The content of Chapter 10,Article 3,West Kaua'i Community Plan Implementing Ordinance,Kaua'i County Code,as amended is amended as follows: Section 10-3.1 Title and Purpose. (a)This Article shall be known and may be cited as the "West Kaua'i Community Plan Implementing Ordinance."It is adopted: (1)To provide design and development standards in order to implement the detailed planning goals and objectives for the West Kaua'i Planning District;^^a._/^'l JUL 122022 (2)To establish special planning areas,future growth areas,land uses, and development and design standards to guide and regulate future development; (3)To protect certain physical characteristics found to be ofparticular public value,as provided in Chapter 8,Article 11,Section 6,Kaua'i County Code 1987,as amended (Special Planning Areas);and (4)Establish exceptions,modifications,or additions to the provisions of Chapter 8,Kaua i County Code 1987,as amended (Comprehensive Zoning Ordinance)and Chapter 9,Kauai County Code 1987,as amended (Subdivision Ordinance)in order to more specifically provide for the regulation ofland use,subdivision,and development practices within the West Kaua'i Planning District. (b)Nature ofthe West Kaua'i Community Plan Ordinance.This Article provides the necessary framework and guidelines to direct future development and capital improvements in the West Kauai area,whose boundary is described in the report entitled "West Kaua i Community Plan. Additionally,this Article supplements Chapter 8,Kaua'i County Code 1987, as amended (Comprehensive Zoning Ordinance)and Chapter 9,Kaua i County Code 1987,as amended (Subdivision Ordinance)by regulating use and development standards within the West Kaua'i Special Planning Areas, as identified in the zoning maps attached to Ordinance No.1083,and on file with the Planning Department,County ofKauai. (c)The guidelines ofthis Article are based on the report entitled West Kaua'i Community Plan"(Planning Commission draft approved in 2020,as amended by the Kaua'i County Council in 2020,and as may be subsequently amended),a booklet whose major components include: (1)Regional and town plan maps; (2)Policies for the West Kaua'i region as a whole; (3)Goals and objectives for Kekaha,Waimea,Hanapepe,'Ele'ele,Port Allen,Kaumakani,Pakala Village,Numila,and other areas;and (4)Appendices.(Ord.No.1083,December 3,2020) Section 10-3.2 Vision and Goals. The vision and goals for the region referred to in this Article,which shall be known as the West Kaua'i Planning District,and its communities are described in the report entitled "West Kaua'i Community Plan."(Ord.No.1083, December 3,2020) Section 10-3.3 Application of Regulations. (a)The West Kaua'i Form-Based Code,attached as Appendix "C"to the West Kaua'i Community Plan,is by reference incorporated herein and made a part hereof.The provisions ofthe West Kaua'i Form-Based Code shall apply to all new development located within the Special Planning Areas,as identified in the zoning maps [attached to Ordinance No.1083],and on file with the Planning Department,County ofKaua'i. (b)The regulations and procedures established in Chapter 8,Kaua'i County Code 1987,as amended (Comprehensive Zoning Ordinance)shall apply within the Special Planning Areas ofthe West Kaua'i Planning District,except to the extent that such regulations or procedures are changed or modified by the provisions ofthe West Kaua'i Form-Based Code.When the provisions ofthis Article differ with respect to the provisions of Chapter 8,Kaua'i County Code 1987,as amended (Comprehensive Zoning Ordinance)and Chapter 9,Kaua'i County Code 1987,as amended (Subdivision Ordinance),the West Kaua'i Form-Based Code shall supersede such provisions as provided in Chapter 8, Article 11,Kaua'i County Code 1987,as amended (Special Treatment Districts (ST)).(Ord.No.1083,December 3,2020) Section 10-3.4 Existing Conditions. (a)This Article does not mandate the immediate modification ofstructures and uses lawfully in existence upon the enactment ofthis Article. (b)The requirements ofthis Article will not be triggered by routine maintenance not requiring a zoning permit. (c)Existing Buildings and Structures.Buildings and structures lawfully in existence upon the enactment of this Article that do not conform to the provisions ofthis Article are subject to the requirements ofChapter 8,Article 13,Section 1,Kaua'i County Code 1987,as amended (Nonconforming Buildings and Structures). (d)Existing Uses.Uses lawfully in existence upon the enactment ofthis Article that are not consistent with the Special Planning Areas will be allowed to continue on the parcel ofrecord as provided in Chapter 8,Article 13,Section 2,Kaua'i County Code 1987,as amended (Nonconforming Uses).(Ord.No. 1083,December 3,2020) Section 10-3.5 Special PIanning Areas,Designations,and Procedures. (a)Designation of Special Planning Areas "K,""L,""M,"[and]"N f.1".and O.The boundaries ofthe following form-based code districts are hereby adopted as described in the West Kaua i Form-Based Code,attached as Appendix "C"and Anpendix "D"to the West Kaua'i Community Plan,and shall be referred to as follows: (1)Special Planning Area "K,"which shall also be known as the "Kekaha Town Walkable Mixed Use District"and be designated as "SPA-K"as shown on the zoning map attached to Ordinance No.1083 as Exhibit 1,and on file with the Planning Department,County ofKaua'i. (2)Special Planning Area "L,"which shall also be known as the "Waimea Town Walkable Mixed Use District"and be designated as "SPA-L"as shown on the zoning map attached to Ordinance No.1083 as Exhibit 2,and on file with the Planning Department,County ofKaua'i. (3)Special Planning Area "M,"which shall also be known as the Hanapepe Town Walkable Mixed Use District"and be designated as "SPA- M as shown on the zoning map attached to Ordinance No.1083 as Exhibit 3,and on file with the Planning Department,County ofKaua'i. (4)Special Planning Area "N,"which shall also be known as the "'Ele'ele- Port Allen Walkable Mixed Use District"and be designated as "SPA-N"as shown on the zoning map attached to Ordinance No.1083 as Exhibit 4,and on file with the Planning Department,County ofKaua'i. (5)Special Plannine Area "O,"which_shalLalso be know as the Kaumakani Plantation Camp Walkable_Mixed Use District"and designated SPA-0 as shown on the.zoning mau attached as Ordinance No.XXX as Exhibit 1,and on file with the Planning Deoartment,County of Kaua'i. (b)Designation ofZoning Maps.In order to carry out the purpose ofthis Article,the zoning maps ZM-K100 (Kekaha),ZM-W100 (Waimea),and ZM- H200 (Hanapepe)ofChapter 8,Kaua'i County Code 1987,as amended (Comprehensive Zoning Ordinance),are hereby amended.Zonine'Map ZM- KC100 (Kaumakani)is herebv adopted.(Ord.No.1083,December 3,2020) Section 10-3.6 Implementation of the West Kaua'i Community Plan. The West Kaua i Community Plan shall serve as a guide for all development within the West Kaua'i area.(Ord.No.1083,December 3,2020) SECTION 7.Severability Clause.If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid,the invalidity does not afiect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application,and to this end,the provisions of this Ordinance are severable. SECTION 8.Material to be repealed is bracketed.New 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 need not be included. SECTION 9.This Ordinance shall take effect upon its approval. Introduced by: DATE OF INTRODUCTION: F.4.a./L.3 ^^^^,PLANNINGCOMMISSIONs'^>^\"§ 91 KAAINA S.HULL,CLERK OF COMMISION HELEN COX,CHAIR FRANCIS DEGRACIA,VICE CHAIR GERALDAKO,MEMBER DONNA APISA,MEMBER MELVIN CHIBA,MEMBER GLENDA NOGAMI-STREUFERT,MEMBER LORI OTSUKA,MEMBER MEMORANDUM To: Fr: Date: RE: Honorable Commissioners Kauai Planning Commission Kaaina S.Hull Clerk ofthe Commission July 8,2022 Clerk ofthe Commission's Recommendation to Refer an Appeal ofthe Planning Director's Decision Related to the Planning Director's Cease and Desist and Forfeiture ofTVRNCU #4250 (Nami Nori)for the Failure to renew by June 6,2022,Patrick and Patricia Turley,4895 Weke Road,TMK 55001040,Hanalei,Kauai,received on June 23,2022 via email,for referral to Board and Commissions as Contested Case File No.CC-2023-1. Please refer this appeal filed as CC-2023-1 to Boards &Commissions to conduct the required analysis and contested case hearing,as necessary. Services should include but not be limited to:procure the services of a hearings officer, conduct the hearing,consolidate appeals where necessary,dispose of all pre-hearing motions,receive and record all evidence including subpoenaing any witness,and render a recommended filings of fact,conclusions of law,decision and order for the Planning Commission's Action. 4444 Rice Street,Suite A473 •Lihu'e,Hawai'i 96766 An Equal Opportunity Employer 241-40501b) ».^. JUL 2 6 2022 Mike Laureta From: Sent: To: Cc: Subject: Liz Grout <lizgrout@hawaiilife.com> Thursday,June 23,2022 1:22 PM Mike Laureta drpatrickturley@gmail.com;Sherri Patrick Re:FW:TVR 4250.Turley Forfeiture and Cease &Desist CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless it is something you were expecting. Dear Michael, We will be appealing this decision for the following reasons: Extenuating circumstances related to the filing deadline and unknowns regarding being flagged as needing to meet flood compliance requirements on the county website. Mahalo,Liz On Thu,Jun 23,2022 at 12:21 PM Mike Laureta <mla_ureta@kauaLgov>wrote: To cnsuro that you continue receiving our cmails,plcasc add adobesien@ad^)bes]en.cpm to your addrcss book or safc list. Liz Grout,RS Vacation Rental Property Manager Hawaii Life Real Estate 808 639 2436 rt.i.^ JUL 2 6 2022 DAMON KEY LEONG KUPCHAK HASTERT ' hawaiilawyer.com® A LAW CORPORATION 1003 Bishop Street,Suite 1600 Honolulu,Hawaii 96813-6452 Telephone(808)531-8031 Fscsimile (808)533-2242 E-Mail:icz@hawsiilawver.com www.hawaitt3wyer.com Nicholas K.Ernst Matthew T.Evans Tred R.Eyerly Clint K.Hamada Diane D.Hsstert MaxJ.Kimura ChristineA.Kubota Gregory W.Kugle Kenneth R.Kupchak Na Lan DenisC.H.Leong Megan L.M.Lim David P.McCauley Casey T.Miyashiro Mark M.Murakami Anna H.Oshiro Laurel E.Pepe Loren A.Seehase Douglas C.Smith Megumi Soga Ross Uehara-Tilton Toren K.Yemamoto Amber M.Yonamine Cheyne !.V.Yonemori Michael A.Yoshida Madeleine M.V.Young Joanna C.Zeigler OfCounsel Jed Kurzban R.Charfes Bocken (1921-2020) C.F.Damonjr,(1926-2017) CharlesW.Key (1929.2008) •nTMERITAS' iArtffliWSWOflL&WiOE Providing business clients worldwide access to sophisticated legal advice and exceptionsl service. July 13,2022 VIA E-MAIL &CERTIF1ED MAIL/RETURN RECEIPT REOUESTED Mr.Duke Nakamatsu DNakamalsu(((ikauai.eoY Clerk ofPlanning Commission Kauai Planning Commission CountyofKauai,State ofHawaii j^r?£? 4444 Rice Street,Suite A-473 Lihue,Hawaii 96766 73mo K U1 MLn i-*ff Z oo~" ^s m & u Mr.Ka'aina S.Hull '.- khullfaikauai.eov Director ofPlanning Planning Department County ofKauai,Slate ofHawaii 4444 Rice Street,Suite A-473 Lihue,Hawaii 96766 Re:Notice of'Appcal and Demand for Contcstcd Case Hearing Dear Messrs.Nakamatsu and Hull: This fimi represents Patrick and Patricia Turley ("Appellants"),the owners ofthe property at Tax Map Key ("TMK")No.:5-5-001:040,4895 Weke Road,Hanalei,Kauai,Hawaii 96714 (Non-Conforming Use Cerlificate No. 4250).This letter constitules a notice of appeal and demand for a conlesled case hearing pursuant to Chapter 9 ofthe Rules ofPraclice and Procedure ofthe Kauai Planning Commission ("Kauai Planning Commission Rules").Appellanls are appealing from the Planning Department decision dated June 23,2023 entitled Cease &Desist,and Forfeiture of Non-Conforming Use Certificate TVNCU # 4250 ("Forfeiture Letter")and the denial of the TVNCU renewal application. The Forfeiture Lelter states that Appellants allegedly violaled Section 8-17- 10(h)(l)ofthe Kauai County Code,1987,as Amended. There are several reasons why the appeal should be granled.First,the Forfeilure Letter is procedurally defective.The Forfeiture Letter states that Appellants "have the righl to appeal this decision and any appeal must be filed with the Planning Commission within 21 days after the date of the decision[.]" However,Rule l-9-2(a)(l)ofthe Planning Commission Rules provides:"[f]or appeals of the Director's actions pursuant to the Comprehensive Zoning Ordinance,petilions shall be filed no later than thirlv f30)davs after tlie date of the Director s decision or service of Ihe Order."(Emphasis added.).Thus,the Planning Department did not properly inform Appellants of their time to appeal '"•'"°"""•" ^ t.t.t.to, JUL 26 2022 DAMON KEY LEONG KUPCHAK h-lASTERT A LAW CORPORATION hawaiilav^yer.com® Mr.Duke Nakamatsu Mr.Ka'aina S.Hull July 11,2022 Page2 Even more importanlly,the Counly does not have authority to order a forfeiture of the nonconfonning use due to a missed application deadline.The County ofKauai derives its "zoning powers from HRS §46-4(a)[],referred lo as the Zoning Enabling Act."Ferris Tr.v.Pliinning Comm'ii ofKciiia'i,138 Haw. 307,312,378 P.3d 1023,1028 (App.2016)(citation omitted).The Zoning Enabling Act provides:"Neither this seclion nor any ordinance enacted pursuant to this section shall prohibit the continued lawful use ofany building or premises for any trade,industrial,residential,agricullural,or other purpose for which the building or premises is used at the lime this section or the ordinance takes effect[.]"Haw.Rev.Slat.§46-4(a).Thus,in this case,the County ofKauai does not have the statutory authority to "forfeil"the lawful nonconforming use of this property. The Forfeiture Letter also violates County Ordinance because Appellants use was conlinuous.Under Ihe CZO,"[i]fany iionconforming use ceases for any reason for continuous period oflwelve (12)calendar months ...then the use shall not be resumed...."CZO §8-13.2(b).Here,the Planning Deparlment did not make any findings that Appellants had disconlinued their use.In fact,the Appellants conlinue to use Iheir property under the nonconforming use certificate. Further,nonconforming uses are vested property rights."The stalutory protection oflawfully existing uses and structures 'prior to the efTeclive date ofa zoning restriclion is grounded in constitutional law.'"Ferris,138 Haw.at 312, 378 P.3d at 1028 (citation omitted)."Under the United Stales and Hawai'i Constitutions,'preexisting lawful uses ofproperty are generally considered to be vested rights that zoning ordinances may not abrogate.'"Id.(citation omitled). The "zoning law concept of 'non-confomiing use protects landowners who have vested rights to use their land in a fashion later prohibited by restriclive zoning regulalions."Young v.Plaiming Comm'n,89 Haw.400,410,974 P.2d 40,50 (1999)(citation and emphasis omitted).Therefore,Appellants'non-confomiing use certificate is a vested right and is considered a property right for purposes of the Federal and State Constitutions,which caniiot be forfeited because of a missed ministerial deadline to reapply, The Director s decision to lerminate a nonconformjng use certificate because the "renewal"deadline was missed also violates Appellants' constilutional right to due process under the law.Both the Federal and State Coiistitulions provide that "No person shall be deprived oflife,liberty orproperty wilhout due process oflaw...."Haw.Const.Art.I,§5;see U.S.Const.amend. XIV cl.1.Due process provides both subslantive and procedural protections."The basic elements ofprocedural due process are nolice and an opportunity to be heard at a meaningful time and in a meaningful manner."Mawia Kea Anaina DAMON KEY LEONG KUPCHAK h-lASTERT A L A W CORPORAT1 O N hawaiilavyyer.com9 Mr.Duke Nakamatsu Mr.Ka'aina S.Hull Julyl 1,2022 Page 3 Hoit v.Bd.ofLand &Nat.Res.,136 Haw.376,389,363 P.3d 224,237 (2015)."The requirement of procedural due process exists to prolecl individuals against the state's deprivation ofliberty and property inlerests."Brown v.Thompson,91 Haw.1,9,979 P.2d 586,594 (1999).The Forfeiture Letter directs the property owner to cease and desist from the otherwise lawful conduct immediately,with no opportunity for a hearing until months later,if not longer.However, Appellants are entitled to nolice and a hearing prior to the permanent deprivation oftheir protected property interests. Substantive due process "guards against arbitrary and capricious government action,even when the govemment takes that action pursuant to a facially constilutional law.In re Herrick,82 Haw.329,349,922 P.2d 942.962 (1996).For subslantive due process,"an aggrieved person must prove that the govemment s action was clearly arbitrary and unreasonable,having no substantial relation to the public health,safely,morals,or general welfare."Id.The Planning Department acted erroneously,arbitrarily,and manifestly abused its discretion when it issued the Forfeiture Letter,demanding forfeiture of a vested property right without due process and in violation ofthe zoning ordinance,slale law,and the State and Federal Constitulions. For Ihe foregoing reasons,and such others that may be shown at the hearing -Appellants reserve the right to amend,supplement and assert further objections -Appellants respectfully demand a contested case hearing pursuant to Chapter 9 ofthe Kauai Commission Rules. Very truly yours, DAMON KEY LEONG KUPCHAK HASTERT Gregory W.Kugle Joanna C.Zeigler JCZ:rp 687746 Requiring the immediale cessation of lawful income-producing activity while the property owner wails months or years for a hearing is a further denial of due process and exposes the County to significant damages.It also exposes the Planning Departmenl staff and Planning Commissioners to liability under 42 U.S.C.§1983 and attorneys'fees and cosls under 42 U.S.C. §1988. COUNTY OF KAUA‘I PLANNING DEPARTMENT Ka‘āina S. Hull Director of Planning Jodi A. Higuchi Sayegusa Deputy Director of Planning DIRECTOR’S REPORT I. SUMMARY Action Required by Planning 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-2022-9 Name of Applicant(s) COUNTY OF KAUA‘I, PLANNING DEPARTMENT II. PERMIT INFORMATION 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 Community Plan Amendment State Land Use District Amendment III. LEGAL REQUIREMENTS KCC Section 8-3.4 Public Hearing Date: July 12, 2022 Date of Publication: June 10, 2022 Date of Director’s Report: July 12, 2022 2 | Page ZA-2022-9 Director’s Report County of Kaua‘i, Planning Department July 21, 2022 IV. DESCRIPTION OF THE AMENDMENT The West Kauaʻi Plantation Camp Form-Based Code (FBC) guides development in a manner consistent with the goals of the West Kauaʻi Community Plan and County of Kauaʻi General Plan. This Form-Based Code provides a regulatory framework to maintain the region’s existing plantation camps—Kamaukani Avenue and Kamaukani Camp. The code is guided by policy which supports preservation of the historic camps while also allowing limited infill development and housing expansion. The intent is that Plantation Camps should remain compact and walkable with well-defined borders and small cottages, surrounded by working agricultural fields and activity. The intent of the code would: 1. Promote, preserve, and enhance existing community design and development patterns that reflect the distinct character of West Kauaʻi’s historic plantation camps; 2. Promote and maintain affordable housing stock, especially for agricultural workers or those with familial connections to the agriculture industry; and 3. Encourage appropriately scaled infill development that is located within or near the historic confines of the camps. The proposed legislation (see Exhibit A) is being initiated by the County of Kaua‘i Planning Department, and would amend Section 10-3, Kaua‘i County Code 1987 as amended by introducing a new Special Planning Area “O” (SPA-O), which shall also be known as the “Kaumakani Plantation Camp Walkable Mixed Use District.” The Special Planning Area would be adopted with two new maps, ZM-KV-100 and ZM-KA-100 and adopted within the West Kaua‘i Community Plan. The corresponding design standards in text format shall be adopted within the West Kaua‘i Community Plan as attached in Exhibit A. V. AMENDMENT JUSTIFICATION Form-Based Code is an alternative development regime that encourages the development of communities with a focus on “building form and character” as opposed to development models that focus on the separation of uses. The development of Form-Based Codes includes the process of inventorying and identifying unique or historical characteristics that define our towns and villages. Form-Based Codes follow a rural to urban transect model, that progressively experience greater density in line with desired development outcomes. Typically, the model transect is divided into six transect zones or T-zones: Natural (T1), Rural (T2), Sub-Urban (T3), General Urban (T4), Urban Center (T5), and Urban Core (T6). Kaua‘i only has four transects (T1-T4). The Plantation Camp Transect is considered a special district due to its unique pattern. The transects within the Kaumakani Village and Kaumakani Avenue are T3 Kaumakani Village (T3KV-PC), T3 Kaumakani Village Flex (T3KVF-PC), T4 Kaumakani Village 3 | Page ZA-2022-9 Director’s Report County of Kaua‘i, Planning Department July 21, 2022 Commercial (T4KVC-PC), T3 Kaumakani Avenue (T3KA-PC), T3 Kaumakani Avenue Flex (T3KAF-PC), and T3 Kaumakani Avenue Administrative (T3KAA-PC). The Plantation Camp Transects each reinforce and maintains the built environment. Form-Based Codes have been adopted to serve a variety of purposes including historic preservation, economic development, sustainability, affordable housing, and general planning. Form-Based Code incorporates detailed regulations specific to building types, street standards and civic space that are sensitive to the surrounding local character. The regulations set forth in the Form-Base Code helps maintain the unique characteristics of specific towns such as Kaumakani Village and Kaumakani Avenue. Creating design standards specific to these areas ensure the history and culture is apart of the future. In the Plantation Camp Form Base Code, the type of roof pitches, materials, building massing, building types, frontages, setbacks, and wings, are regulated to reinforce existing character and to create new, compatible neighborhoods in Kaumakani Village and Kaumakani Avenue. For instance, the building type regulations in T3 Kaumakani Village (T3KV-PC) captures the form and characteristics of the historical cottages. Crafting regulations that require unique features such as double hung windows, 5:12 roof pitches, carports, wood-based material, and height of the wall ensures that new cottages or reconstructed cottages will maintain the same look and feel of the surrounding cottages. Figure 1: Example of applying the T3 Kaumakani Village (T3KV-PC) regulations. 4 | Page ZA-2022-9 Director’s Report County of Kaua‘i, Planning Department July 21, 2022 Figure 2, 3, 4: Pictures of Kaumakani Village Cottages Form-Based Code differs from the existing use-base code requirements in the Comprehensive Zoning Ordinance in that the primary emphasis is on building and streetscape “form”, the importance of how the proposed development is integrated with the existing town character. This is a more comprehensive approach that require stricter regulation of building types, street design, and civic space requirements. These standards are crafted to regulate the specific and desired qualities of areas identified through the data collection process. While Form-Base Code seeks to maintain the form and character of the surrounding area, it allows flexibility with some of the uses to create a mixed-use environment where people can live, work, and interact. During the Plantation Era, migrant workers lived in plantation camps near or adjacent to the sugar mills and cane fields. While the sugar mills are no longer in operation, many families continue to live in the Plantation Camps and work for Gay & Robinson (G&R) in the administrative office and agricultural fields. The T3 Kaumakani Avenue Administration (T3KAA-PC) transect has regulations which would keep the form and character of existing buildings but allow the building to be used for different purposes. The County of Kaua‘i has adopted two Form-Based Codes tailored to preserve the unique and localized characteristics of South Kaua‘i and West Kaua‘i. During the South Kaua‘i and West Kaua‘i Community planning efforts, the community sought to preserve and revitalize their town cores. Form-Base Codes were ideally suited to meet this community goal. Since the adoption of the South Kaua‘i and West Kaua‘i Form-Based Codes the Planning Department and the respective communities are now seeing the value of these development standards. Consistent with the West Kauai towns of Waimea, Kekaha, ‘Ele‘ele, and Hanapēpē, the Plantation Camps support unique town and village features that can benefit from the establishment of a Form-Based Code. The Plantation Camp Form-Based Code is a tool that 5 | Page ZA-2022-9 Director’s Report County of Kaua‘i, Planning Department July 21, 2022 seeks to maintain the existing character of the Plantation Camps while simultaneously establishing design guidelines that inform buildout scenarios. In addition to guiding the rehabilitation of existing homes, the Plantation Camps contain vacant spaces that would be desirable for infill development within the boundaries of the existing State Land Use Urban District. VI. AGENCY COMMENTS See attached Exhibit B. 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 amend the West Kaua‘i Community Plan to add Special Planning Area “O” (SPA-O), which shall be referred to as the “Kaumakani Plantation Camp Walkable Mixed Use District.” Amending the code to include Special Planning Area “O” would further accommodate public necessity and for convenience. 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” The new design standards that correspond with Special Planning 6 | Page ZA-2022-9 Director’s Report County of Kaua‘i, Planning Department July 21, 2022 Area “O” will ensure the rural characteristics of our communities are maintained through the preservation of the Plantation Camp’s building form and characteristics. ii. Policy #2: Provide Affordable Housing While Facilitating a Diversity of Privately-Developed Housing for Local Families According to the General Plan, Communities that cater to a high-end market, resulting in enclaves of similar household incomes and housing types, are no longer acceptable. The design standards that correspond with Special Planning Area “O” limit development to building standards that cater to and support the local housing market. These design standards will provide an opportunity to create housing for local families. iii. Policy #3: Recognize the Identity of Kaua‘i’s individual Towns and Districts Policy #3 of the General Plan states that Kauai’s towns and planning districts are distinct, each with its own character, opportunities, and needs. The design standards outlined for Kaumakani Camp and Kaumakani Avenue acknowledge the characteristics and features that generate the unique community identity of the Plantation Camps. B. Section 3.0 Actions by Sector, Subsection Sector VII, entitled “Heritage Resources” states for code changes: i. Update and create Special Planning Areas in towns to ensure new development and redevelopment of existing sites or structures is done in a “historically sensitive” manner. The proposed Plantation Camp Form-Based Code implements these exact code changes recommended by the General Plan creating design standards to preserve the historic character of Kaumakani Village and Kaumakani Avenue. 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 Zoning Amendment ZA-2022-9 be APPROVED. By SA^&LO.ff&ic^ctcit^- SHELEA BLACKSTAD Planner Approved &Recommended to Commission: By /^•\•^s Date: KAAINA HULL Director ofPlanning .6/30/2022 ZA-2022-9 Director's RepoU County ofKaua'i,Planning Department July21,2022 7|Page ZA-2022-9 Plantation Camp Directors Report FINAL 06.29.2022 Final Audit Report 2022-06-30 Created:2022-06-30 By:Shelea Blackstad (sblackstad@kauai.gov) Status:Signed Transaction ID:CBJCHBCAABAA3Cchwr5Z-91p9SkjpNKby-OOkTsKak3B "ZA-2022-9 Plantation Camp Directors Report FINAL 06.29.202 2"History t_]Document created by Shelea Blackstad (sblackstad@kauai.gov) 2022-06-30 -9:02:35 PM GMT-IP address;64.128.3.74 '-'Document emailed to Kaaina hlull (khull@kauai.gov)for signature 2022-06-30 -9:04:33 PM GMT Q Email viewed by Kaaina Hull (khull@kauai.gov) 2022-06-30 -9:33:25 PM SMT-IP address:72.130.84.211 cig Document e-signed by Kaaina Hull (khull@kauai.gov) Signature Date:2022-06-30 -10:27:54 PM GMT -Time Souree:server'IP address:64.128.3.74 O Agreement completed. 2022-06-30 -10:27:54 PM GMT Adobe Acrobat Sign EXHIBIT “A” (Draft Ordinance) ORDINANCE NO. ____________ BILL NO. ________ A BILL FOR AN ORDINANCE AMENDING CHAPTER 10 ARTICLE 6, KAUA‘I COUNTY CODE 1987, AS AMENDED, RELATING TO THE WEST KAUAI COMMUNITY PLAN (County of Kaua‘i Planning Department, Applicant) BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF KAUA‘I, STATE OF HAWAI‘I: SECTION 1. Findings and Purpose. The Kaumakani Plantation Camp areas maintains a unique sense of identity and has features and qualities that should be preserved. There are also vacant areas adjacent to these communities that are within the State Land Use Urban District and the Plantation Camp Zoning District that could be further developed. SECTION 2. The purpose of this ordinance is to utilize Form Based Code to maintain the unique historical character of Kaumakani’s built environment while also allowing additional housing and limited commercial development on the vacant areas of the Kaumakani Camp and Kaumakani Avenue areas in manner that reinforces and maintains the patter of the associated neighborhood. Form Based Code is currently used as a zoning overlay in the town cores of West Kaua‘i. SECTION 3. Section 10-3, Kaua‘i County Code 1987, as amended, is hereby amended to add a Special Planning Area “O” (SPA-O), which shall also be known as the “Kaumakani Plantation Camp Walkable Mixed Use District”. The Special Planning Area shall be adopted with two new maps ZM-KV-100 (Kaumakani Village) and ZM-KA-100 (Kaumakani Avenue) and adopted within the West Kaua‘i Community Plan as attached in Exhibit 1. The corresponding design standards in text format shall be adopted within the West Kaua‘i Community Plan as attached in Exhibit 2. SECTION 4. The West Kaua‘i Community Plan is hereby amended to adopt a Kaumakani Plantation Camp Walkable Mixed Use District map and design standards through Appendix D. SECTION 5. The Planning Department is directed to note the change on the official Zoning Map on file with the Commission. SECTION 6. The content of Chapter 10, Article 3, West Kaua‘i Community Plan Implementing Ordinance, Kaua‘i County Code, as amended is amended as follows: Section 10-3.1 Title and Purpose. (a) This Article shall be known and may be cited as the “West Kaua‘i Community Plan Implementing Ordinance.” It is adopted: (1) To provide design and development standards in order to implement the detailed planning goals and objectives for the West Kaua‘i Planning District; (2) To establish special planning areas, future growth areas, land uses, and development and design standards to guide and regulate future development; (3) To protect certain physical characteristics found to be of particular public value, as provided in Chapter 8, Article 11, Section 6, Kaua‘i County Code 1987, as amended (Special Planning Areas); and (4) Establish exceptions, modifications, or additions to the provisions of Chapter 8, Kaua‘i County Code 1987, as amended (Comprehensive Zoning Ordinance) and Chapter 9, Kaua‘i County Code 1987, as amended (Subdivision Ordinance) in order to more specifically provide for the regulation of land use, subdivision, and development practices within the West Kaua‘i Planning District. (b) Nature of the West Kaua‘i Community Plan Ordinance. This Article provides the necessary framework and guidelines to direct future development and capital improvements in the West Kaua‘i area, whose boundary is described in the report entitled “West Kaua‘i Community Plan.” Additionally, this Article supplements Chapter 8, Kaua‘i County Code 1987, as amended (Comprehensive Zoning Ordinance) and Chapter 9, Kaua‘i County Code 1987, as amended (Subdivision Ordinance) by regulating use and development standards within the West Kaua‘i Special Planning Areas, as identified in the zoning maps attached to Ordinance No. 1083, and on file with the Planning Department, County of Kaua‘i. (c) The guidelines of this Article are based on the report entitled “West Kaua‘i Community Plan” (Planning Commission draft approved in 2020, as amended by the Kaua‘i County Council in 2020, and as may be subsequently amended), a booklet whose major components include: (1) Regional and town plan maps; (2) Policies for the West Kaua‘i region as a whole; (3) Goals and objectives for Kekaha, Waimea, Hanapēpē, ‘Ele‘ele, Port Allen, Kaumakani, Pākalā Village, Numila, and other areas; and (4) Appendices. (Ord. No. 1083, December 3, 2020) Section 10-3.2 Vision and Goals. The vision and goals for the region referred to in this Article, which shall be known as the West Kaua‘i Planning District, and its communities are described in the report entitled “West Kaua‘i Community Plan.” (Ord. No. 1083, December 3, 2020) Section 10-3.3 Application of Regulations. (a) The West Kaua‘i Form-Based Code, attached as Appendix “C” to the West Kaua‘i Community Plan, is by reference incorporated herein and made a part hereof. The provisions of the West Kaua‘i Form-Based Code shall apply to all new development located within the Special Planning Areas, as identified in the zoning maps [attached to Ordinance No. 1083], and on file with the Planning Department, County of Kaua‘i. (b) The regulations and procedures established in Chapter 8, Kaua‘i County Code 1987, as amended (Comprehensive Zoning Ordinance) shall apply within the Special Planning Areas of the West Kaua‘i Planning District, except to the extent that such regulations or procedures are changed or modified by the provisions of the West Kaua‘i Form-Based Code. When the provisions of this Article differ with respect to the provisions of Chapter 8, Kaua‘i County Code 1987, as amended (Comprehensive Zoning Ordinance) and Chapter 9, Kaua‘i County Code 1987, as amended (Subdivision Ordinance), the West Kaua‘i Form-Based Code shall supersede such provisions as provided in Chapter 8, Article 11, Kaua‘i County Code 1987, as amended (Special Treatment Districts (ST)). (Ord. No. 1083, December 3, 2020) Section 10-3.4 Existing Conditions. (a) This Article does not mandate the immediate modification of structures and uses lawfully in existence upon the enactment of this Article. (b) The requirements of this Article will not be triggered by routine maintenance not requiring a zoning permit. (c) Existing Buildings and Structures. Buildings and structures lawfully in existence upon the enactment of this Article that do not conform to the provisions of this Article are subject to the requirements of Chapter 8, Article 13, Section 1, Kaua‘i County Code 1987, as amended (Nonconforming Buildings and Structures). (d) Existing Uses. Uses lawfully in existence upon the enactment of this Article that are not consistent with the Special Planning Areas will be allowed to continue on the parcel of record as provided in Chapter 8, Article 13, Section 2, Kaua‘i County Code 1987, as amended (Nonconforming Uses). (Ord. No. 1083, December 3, 2020) Section 10-3.5 Special Planning Areas, Designations, and Procedures. (a) Designation of Special Planning Areas “K,” “L,” “M,” [and] “N[.]”, and “O.” The boundaries of the following form-based code districts are hereby adopted as described in the West Kaua‘i Form-Based Code, attached as Appendix “C” and Appendix “D” to the West Kaua‘i Community Plan, and shall be referred to as follows: (1) Special Planning Area “K,” which shall also be known as the “Kekaha Town Walkable Mixed Use District” and be designated as “SPA-K” as shown on the zoning map attached to Ordinance No. 1083 as Exhibit 1, and on file with the Planning Department, County of Kaua‘i. (2) Special Planning Area “L,” which shall also be known as the “Waimea Town Walkable Mixed Use District” and be designated as “SPA-L” as shown on the zoning map attached to Ordinance No. 1083 as Exhibit 2, and on file with the Planning Department, County of Kaua‘i. (3) Special Planning Area “M,” which shall also be known as the “Hanapēpē Town Walkable Mixed Use District” and be designated as “SPA-M” as shown on the zoning map attached to Ordinance No. 1083 as Exhibit 3, and on file with the Planning Department, County of Kaua‘i. (4) Special Planning Area “N,” which shall also be known as the “‘Ele‘ele-Port Allen Walkable Mixed Use District” and be designated as “SPA-N” as shown on the zoning map attached to Ordinance No. 1083 as Exhibit 4, and on file with the Planning Department, County of Kaua‘i. (5) Special Planning Area “O,” which shall also be know as the “Kaumakani Plantation Camp Walkable Mixed Use District” and designated “SPA-O” as shown on the zoning maps attached as Ordinance No. XXX as Exhibit 1, and on file with the Planning Department, County of Kaua‘i. (b) Designation of Zoning Maps. In order to carry out the purpose of this Article, the zoning maps ZM-K100 (Kekaha), ZM-W100 (Waimea), and ZM-H200 (Hanapēpē) of Chapter 8, Kaua‘i County Code 1987, as amended (Comprehensive Zoning Ordinance), are hereby amended. Zoning Map ZM-KV-100 (Kaumakani Village) and ZM-KA-100 (Kaumakani Avenue) is hereby adopted. (Ord. No. 1083, December 3, 2020) Section 10-3.6 Implementation of the West Kaua‘i Community Plan. The West Kaua‘i Community Plan shall serve as a guide for all development within the West Kaua‘i area. (Ord. No. 1083, December 3, 2020) SECTION 7. Severability Clause. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this Ordinance are severable. SECTION 8. Material to be repealed is bracketed. New 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 need not be included. SECTION 9. This Ordinance shall take effect upon its approval. Introduced by: DATE OF INTRODUCTION: EXHIBIT “1” (ZM-KV-100 and ZM-KA-100) EXHIBIT “2” (Plantation Camp Form-Based Code) Plantation Camp Form-Based Code Planning Commission Draft –June 2022 Prepared For The County of Kauaʻi Prepared by the County of Kauaʻi in Partnership with Opticos Design Sub-Article 1.1: Purpose 5-8 1.1.010 Purpose and Intent 5 1.1.020 Using Zoning to Reinforce West Kauaʻi’s Places 5 1.1.030 Plantation Camp Place Type 6 1.1.040 The West Kauai Plantation Camp Transect 7-8 1.1.050 Lack of Lot Lines 8 Sub-Article 1.2: Transect Maps 9-11 1.2.010 Transect Maps 9-11 Table of Contents Article 1: Introduction Article 2: Transect Descriptions and Building Types Plantation Camp Form-Based Code 2 Sub-Article 2.1: Plantation Camp Transect Zone Descriptions 12-26 2.1.010 T3 Kaumakani Village –Plantation Camp (T3KV-PC)13-15 2.1.020 T3 Kaumakani Village Flex –Plantation Camp (T3KVF-PC)16-17 2.1.030 T4 Kaumakani Village Commercial –Plantation Camp (T4KVC-PC)18-20 2.1.040 T3 Kaumakani Avenue –Plantation Camp (T3KA-PC) 21-22 2.1.050 T3 Kaumakani Avenue Flex –Plantation Camp (T3KAF-PC)23-24 2.1.060 T3 Kaumakani Avenue Administration –Plantation Camp (T3KAA-PC)25-26 Sub-Article 2.2: Plantation Camp Building Types 27-37 2.2.010 Kaumakani Village Cottage 28 2.2.020 House Village 29 2.2.030 House Cottage 30 2.2.040 Duplex 31 2.2.050 Multiplex Small 32 2.2.060 Multiplex Large 33 2.2.070 Main Street Mixed Use 34 2.2.080 Kaumakani Avenue Cottage 35 2.2.090 Kaumakani Avenue Administrative Building 36 2.2.100 Dormitory 37 Sub-Article 2.3: Kaumakani Village Building Type Frontages 38-41 2.3.010 Front Yard 39 2.3.020 Lānai, Projecting 39 2.3.030 Lānai, Engaged 40 2.3.040 Stoop 40 2.3.050 Shopfront 41 Article 5: Definitions Sub-Article 5.1: Definitions of Terms and Phrases 54-56 5.1.010 Definitions 54-56 Plantation Camp Form-Based Code Article 3 3 Sub-Article 3.1: Thoroughfare Standards 42-43 3.1.010 Purpose 43 3.1.020 Applicability 43 3.1.030 Standards 43 Sub-Article 3.2: Civic Space Standards 44-47 3.2.010 Purpose 44 3.2.020 Standards 44 3.2.030 Civic Spaces 44-45 3.2.040 Civic Space Type Standards 44-47 Article 3: Neighborhood Standards Article 4: Administration and Procedures Sub-Article 4.1: Purpose and Applicability 48-53 4.1.010 Purpose 49 4.1.020 Applicability 49 4.1.030 Review Authority 49 4.1.040 Concurrent Processing 50 4.1.050 Rules of Interpretation 50 Sub-Article 4.2: Permits and Approvals 51-52 4.2.010 Zoning Permits 51-52 4.2.020 Use Permits 52 4.2.030 Variance 52 Sub-Article 5.3: Administration and Enforcement 53 4.3.010 Amendments 53 4.3.020 Non-Conforming Provisions 53 4.3.030 Appeals 53 4.3.040 Fee Exemptions 53 Article 1: Introduction Plantation Camp Form-Based Code 4 Sub-Article 1.1: Purpose 4-8 1.1.010 Purpose and Intent 5 1.1.020 Using Zoning to Reinforce West Kauaʻi’s Places 5 1.1.030 Plantation Camp Place Type 6 1.1.040 The West Kauai Plantation Camp Transect 7-8 1.1.050 Lack of Lot Lines 8 Sub-Article 1.2: Transect Maps 10-11 1.2.010 Transect Maps 10-11 1.1.010 Purpose and Intent The West Kauaʻi Plantation Camp Form-Based Code (FBC) guides development in a manner consistent with the goals of the West Kauaʻi Community Plan and County of Kauaʻi General Plan. This Form-Based Code provides a regulatory framework to maintain the region’s existing plantation camps—Kamaukani Avenue and Kamaukani Village. The code is guided by policy which supports preservation of the historic camps while also allowing limited infill development and housing expansion. The intent is that Plantation Camps should remain compact and walkable with well-defined borders and small cottages, surrounded by working agricultural fields and activity. The code: A.Promotes, preserves, and enhances existing community design and development patterns that reflect the distinct character of West Kauaʻi’s historic plantation camps; B.Promotes and maintains affordable housing stock, especially for agricultural workers or those with familial connections to the agriculture industry; C.Encourages appropriately scaled infill development that is located within or near the historic confines of the camps. 1.1.020 Using Zoning to Reinforce West Kauaʻi's Places The Plantation Camp Form-Based Code is a tool that implements County policy to enhance and revitalize plantation camps. The 2018 General Plan identifies place types to describe where certain types and intensities of development are appropriate on Kauaʻi. Place types also support the “pedestrian shed” or neighborhood, which is the fundamental building block of communities. Pedestrian sheds include spaces for living, working, and recreation that are typically within a 5-to-10 minute walk of each other. In addition to supporting and strengthening the pedestrian shed, the West Kauaʻi Plantation Camp Form-Based Code emphasizes the physical form and character over the separation of use. This provides an alternative approach to Euclidean zoning, which is the type of zoning in the CZO (Kauaʻi County Code 1987, as amended, Chapter 8).Kauaʻi has five distinct place types based on historic settlement patterns. They include the following: A.Rural crossroads; B.Plantation camps; C.Small village; D.Large village; E.Town. Sub-Article 1.1 Purpose Plantation Camp Form-Based Code 5 Plantation Camp Place Type During the Plantation era, workers lived in plantation camps located near or adjacent to the sugar mills and cane fields. These camps were built to a pedestrian-oriented scale that made it possible to traverse by foot to work and services. The fields that surrounded the towns provided a de facto greenbelt. The relationship between the plantation camps and agricultural lands reinforced the region’s rural identity. Even with the rise of the automobile and the trend of suburban development patterns, the legacy of these camps remains in West Kauaʻi. The 2018 General Plan identifies existing plantation camps in the Future Land Use Map. The Plantation Camp is defined as a historic remnant of former plantation housing that is not connected to an existing town and is surrounded by the agricultural district. It should be noted that some plantation camps were demolished and have since reverted to agricultural uses. Today’s remaining plantation camps are clusters of houses with little or no retail or public facilities. Five plantation camps are designated in the General Plan and include Numila, Kaumakani Village, Kaumakani Avenue, Kaʻawanui Camp, and Pakala Camp. Plantation camps are important vestiges of Kauaʻi’s sugar plantation history. Each camp maintains a unique sense of identity and has features and qualities that its residents would like to see preserved. Until recently, the County zoning for these areas was “Agriculture”. The 2021 West Kauaʻi Community Plan (WKCP) updated the County zoning for those plantation camps with in the SLUD-Urban District, which include Kaumakani Village, Kaumakani Avenue, and Pakala Camp. Two new zoning districts were created in the WKCP: Plantation Camp District and Special Treatment –Coastal Edge District.The West Kauaʻi Plantation Camp Form-Based Code is a zoning overlay on the Plantation Camp District in Kaumakani Village and Kaumakani Avenue. Kaumakani Village: Kaumakani Village was developed in 1946 by the Olokele Sugar Company to house agricultural workers. The village included small-footprint single family residences, community garages, a church, stores, civic spaces, and a power station.The camp is laid out in a grid pattern with regular-sized blocks. The village replaced a nearby plantation camp that was subsequently demolished. The existing homes remain good examples of plantation architecture from the 20th century. Kaumakani Avenue: Kaumakani Avenue was developed in the late 19th century. A social hall, hospital, store, and post office lined the street, along with housing for administrative staff. The Olokele Mill is located at the bottom of the Avenue. Historically, Kaumakani Avenue was the center of the region’s plantation activity. The community today, apart from the main office, is predominantly residential. It is one of few tree-lined avenues on Kauaʻi and is shaded by mature royal poinciana and monkey pod trees. Homes along the avenue are set back from the street by open lawns. On a parallel side street to the east sit thirteen houses. Historically, a similar number of homes (now demolished) also lined a parallel street to the west. 1.1.030 1.1 Plantation Camp Form-Based Code 6 The West Kauai Plantation Camp Transect The Rural-to-Urban Transect is the organizing principle used in form-based code that establishes a hierarchy from rural to urban. This hierarchy of places is the framework for the County’s form-based codes, replacing use as the organizing principle. The traditional Hawaiian ahupuaʻa has parallels with the Rural-to-Urban Transect, as land use intensity was historically related to the location of the land within the watershed (i.e., mauka areas were typically forested and sparsely populated, while lowland makai areas were used for cultivation and habitation). Typically, the model transect is divided into six transect zones or T-zones: Natural (T1), Rural (T2), Sub-Urban (T3), General Urban (T4), Urban Center (T5), and Urban Core (T6). Kauaʻi only has four transects (T1 to T4). However, the West Kauaʻi Plantation Camp Transect is considered a special district due to its unique pattern. The West Kauaʻi Plantation Camp Form-Based Code uses transect zones to reinforce existing character and to create new, compatible neighborhoods. The designation of each zone within a transect is determined by the character and form, development intensity, and place type. Transect zone standards provide a method for differentiating the character of various areas within each community. The zones are primarily classified by the community’s grid pattern, the physical intensity of the built form, and the historic nature of the buildings in each area. Each zone designates a unique area within one of the two distinct communities. They are Kaumakani Village and Kaumakani Avenue. The West Kauai Plantation Camp Transect Zones: A.T3 Kaumakani Village –Plantation Camp (T3KV-PC).This Zone reinforces and maintains the pattern of the established neighborhood with tight massing (building separation), small setbacks and historic buildings. The Kaumakani cottage building type is defined by its height, small Lānai /carport, small footprint, and roof pitch and style. B.T3 Kaumakani Village Flex –Plantation Camp (T3KVF-PC).This Zone supports a limited amount of new development that is compatible with the historic neighborhood. New development will provide a transition between the existing rows of Kaumakani cottages and new multifamily, two-story buildings.This will integrate compatible, medium-density residential building types such as a multiplex. C.T4 Kaumakani Village Commercial –Plantation Camp (T4KVC-PC).This Zone integrates appropriate commercial, retail, and service uses with civic space. D.T3 Kaumakani Avenue –Plantation Camp (T3KA-PC).This Zone preserves the existing and historic residential single-family building types (Avenue Cottage) and the distinct character of the tree-lined avenue with spacious setbacks. Minor infill development is anticipated on previously occupied but vacant areas. The Avenue cottage building type is defined by its height, roof pitch and style. 1.1.040 1.1 Plantation Camp Form-Based Code 7 The West Kauai Plantation Camp Transect E.T3 Kaumakani Avenue Flex –Plantation Camp (T3KAF-PC).This Zone supports development at the same intensity of the surrounding neighborhood, which also includes vacant areas that were previously developed. F.T3 Kaumakani Avenue Administration –Plantation Camp (T3KAA-PC).This Zone maintains the historical pattern and intensity of the Kaumakani Avenue Administrative Office area while allowing new construction to occur on the site that was previously demolished. Lack of Lot Lines Design standards for form-based codes generally promote and facilitate orientation of structures to public roads and civic spaces that facilitate an interface between the private and the public realm. In particular, form-based codes rely on setbacks and build-to-lines in relation to lot lines to orient proposed structures with public areas. Unique to the subject Plantation Camp Form Based Code Transects is that they overlay one large single lot of record. The subject Plantation Camp Transects and their corresponding dwellings and structures are not separated by individual lot lines. Without individual lot lines, the subject Code utilizes building- to-building and building-to-thoroughfare standards to establish the interface between the private and public realm. This approach is unique but necessary to achieve a high-quality public realm inherent within the existing plantation camp environment. 1.1.040 1.1 Plantation Camp Form-Based Code 8 1.1.050 Sub-Article 1.2 Transect Maps 1.2.010 Transect Maps The transect zones established in this Article are mapped on the Transect Maps on the following pages: Plantation Camp Form-Based Code 9 Figure 1.2.010 Kaumakani Village Transect Map 1.2 Plantation Camp Form-Based Code 10 Figure 1.2.020 Kaumakani Avenue Transect Map 1.2 Plantation Camp Form-Based Code 11 T3KAF Article 2: Transect Descriptions and Building Types Plantation Camp Form-Based Code 12 Sub-Article 2.1: Plantation Camp Transect Zone Descriptions 12-26 2.1.010 T3 Kaumakani Village –Plantation Camp (T3KV-PC)13-15 2.1.020 T3 Kaumakani Village Flex –Plantation Camp (T3KVF-PC)16-17 2.1.030 T4 Kaumakani Village Commercial –Plantation Camp (T4KVC-PC)18-20 2.1.040 T3 Kaumakani Avenue –Plantation Camp (T3KA-PC) 21-22 2.1.050 T3 Kaumakani Avenue Flex –Plantation Camp (T3KAF-PC)23-24 2.1.060 T3 Kaumakani Avenue Administration –Plantation Camp (T3KAA-PC)25-26 2.1.010 2.1.010 T3 Kaumakani Village -Plantation Camp (T3KV-PC) General note: the illustration above is intended to provide a brief overview of the transect zone and is descriptive in nature. A. Transect Zone Intent and Description B. Building Types (Choose one.) 1. Permissible Building Types Standards Kaumakani Cottage,Vertical 2.2.010 Kaumakani Cottage,Horizontal 2.2.010 This transect zone maintains the historical pattern and intensity of the Kaumakani Village while allowing new construction to occur on sites that were previously demolished. C. Use Table Residential Uses Permitted Use Home Businesses Permitted Use a.Residential use within the Kaumakani Cottage building type is the only permissible use within this transect. Home businesses are a permissible residential use within a Kaumakani Cottage. All other uses are prohibited. Plantation Camp Form-Based Code 13 With the exception of accessory structures, all other building types are prohibited. 2.1.010 T3 Kaumakani Village -Plantation Camp (T3KV-PC) D. Building Placement Kaumakani Village Cottage: Vertical Orientation FrontFront CottagesideCar Port sideRearRear 44 ft. min. to 55 ft. max. Cottage Body Cottage Body Front Rear 10 ft. Cottage Body Front Rear 44 ft. min. to 55 ft. max. Cottage Body Kaumakani Village Cottage: Horizontal Orientation 17 ft. Front CottagesideCar Port sideRear Cottage Body SideRear FrontSideCottage Body 17 ft. Front CottagesideCar Port sideRear Cottage Body 17 ft.SideRear FrontSideCottage Body CottagesideCar Port sideCottagesideCar Port sideCottagesideCar Port side1. Front Thoroughfare Setbacks •The Kaumakani Cottage front shall be set to align with the facade of the body of the front most immediately adjacent cottage’s front. •Frontages on a Kaumakani Cottage, Horizontal may encroach up to the front thoroughfare. •When a Cottage is proposed adjacent to more than one thoroughfare the Director shall determine the respective front and side thoroughfares. D. Building Placement (continued) Thoroughfare Plantation Camp Form-Based Code 14 Vertical Cottage Vertical Cottage Vertical Cottage Vertical Cottage Vertical Cottage Vertical Cottage Horizontal Cottage Horizontal Cottage Thoroughfare 2. Side Thoroughfare Setbacks •A Kaumakani Cottage’s side abutting a side thoroughfare shall be set to align with the most immediately adjacent cottage’s side that also abuts the side thoroughfare. •When a Cottage is proposed adjacent to more than one thoroughfare the Director shall determine the respective front and side thoroughfares. 3. Building-to-Building Setbacks Horizontal-to-Horizontal Cottage Orientation •A Horizontal Cottage’s side walls shall be setback 17 feet minimum from an adjacent Horizontal Cottage’s side walls. F. Building Form 1. Height E. Accessory Structures •Non-habitable accessory structures do not require a building type and shall be located behind the rear of the Kaumakani Cottage body or Lānai Carport. •Accessory structures are allowed throughout this transect. •Accessory structures shall not exceed 200 square feet in size. •Accessory structures shall be limited to no more than two per cottage. •All structures shall have a maximum height limit of nine feet from the finished floor to the top of wall plate. Up to four additional feet is provided to elevate the structure on post-on- pier. •Finished grade at main entry shall not be greater than four feet above existing grade. 2. Roof Pitch Cottage •Roof pitch lines shall be set at a 5:12 ratio. •Gable roofs are the only permissible roof type. Accessory Structure •Gable, Hip, hip gablet, flat, and single-sloping shed roofs are permissible roof types. G. Parking 1. Required Spaces •One off-thoroughfare parking stall is required per Cottage. 2. Parking Setback •All off-thoroughfare parking areas shall be setback a minimum of 10 feet to the rear of the respective Cottage’s building front. T3 Kaumakani Village -Plantation Camp (T3KV-PC) 3 .Miscellaneous •Garages and detached carports are prohibited. Plantation Camp Form-Based Code 15 2.1.010 4. Building Placement Notes: •10 feet minimum setback from all structures (i.e., from Cottages or other accessory structures). 3. Building-to-Building Setbacks Vertical-to-Horizontal Cottage Orientation •A Vertical Cottage’s non-carport side wall shall be setback 17 feet minimum from the adjacent Horizontal Cottage’s side wall. •A Vertical Cottage’s Carport side wall shall be setback 17 feet minimum from the adjacent Horizontal Cottage’s side wall. •A Horizontal Cottage’s side wall shall be setback 17 feet minimum from the adjacent Vertical Cottage’s non-carport side wall. •A Horizontal Cottage’s side wall shall be setback 17 feet minimum from the adjacent Vertical Cottage’s carport side wall. Vertical-to-Vertical Cottage Orientation •A Vertical Cottage’s non–carport side shall be setback 10 feet from an adjacent Vertical Cottage’s non-carport side. •A Vertical Cottage’s Carport side shall have a minimum setback of 45 feet or a maximum of 55 feet from an adjacent Vertical Cottage’s Carport Side. •Carports shall encroach into the Cottage’s Carport Side to Cottage’s Carport Side setback. D. Building Placement (continued) 2.1.020 2.1.020 T3 Kaumakani Village Flex -Plantation Camp (T3KVF-PC) A. Transect Zone Intent and Description B. Building Types (Choose one.) Permissible Building Types Standards House Village 2.2.020 House Cottage 2.2.030 This transect zone continues the historical pattern and intensity of the West Kauai communities to allow new construction to occur in the southeast quadrant of Kaumakani Village. Duplex 2.2.040 Multiplex: Small 2.2.050 Kaumakani Cottage, Vertical 2.2.010 Kaumakani Cottage, Horizontal 2.2.010 C. Use Table Residential Uses Permitted Use Home Businesses Permitted Use •Residential use within the above building types is the only permissible use within this transect. Home businesses are a permissible residential use within the above building types. All other uses are prohibited. Plantation Camp Form-Based Code 16 Dormitory 2.2.090 General note: the illustration above is intended to provide a brief overview of the transect zone and is descriptive in nature. •With the exception of accessory structures, all other building types are prohibited. D. Accessory Structures •Non-habitable accessory structures do not require a building type and shall be located behind the rear of the Building, Wings or Lānai Carport. •Accessory structures are allowed throughout this transect. •Accessory structures shall not exceed 200 square feet in size. •Accessory structures shall be limited to no more than two per building. •There shall be a 10 foot minimum setback from all structures (ie from buildings or other accessory structures). 2.1.030 T3 Kaumakani Village Flex -Plantation Camp T3KVF-PC) Plantation Camp Form-Based Code 17 E. Building Form 1. Height •No building shall be greater than two stories in height maximum. •All buildings shall be 30 feet maximum in height from the finished grade to the top of the peak of the roof. Up to four additional feet is provided to elevate the structure on post- on-pier. •Finished grade at main entry shall not be greater than four feet above existing grade. 2. Roof Pitch All Building Types •Roof pitch lines shall be set at a 5:12 ratio. •Hip, Hip Gablet, or Gable roofs are permissible roof types. Flat or Single-Sloping shed roofs are prohibited on Cottages. Accessory Structure •Gable, Hip, Hip Gablet, Flat, and Single-Sloping shed roofs are permissible roof types. 2.1.030 2.1.040 T4 Kaumakani Village Commercial -Plantation Camp (T4KVC-PC) Plantation Camp Form-Based Code 18 A. Transect Zone Intent and Description B. Building Types (Choose one.) Permissible Building Types Standards Multiplex Small 2.2.050 Multiplex Large 2.2.060 This transect zone integrates appropriate commercial, retail, and service uses with civic space. Main Street Mixed Use 2.2.070 General note: the illustration above is intended to provide a brief overview of the transect zone and is descriptive in nature. •With the exception of accessory structures, all other building types are prohibited. 2.1.030 T4 Kaumakani Village Commercial-Plantation Camp (T4KVC-PC) Plantation Camp Form-Based Code 19 C. Use Table Multiple Family Dwelling Units P Accessory Structures P Adult Family Boarding and Family Care Homes P Home Businesses P Dormitories and Boarding Houses P Residential Care Homes P Adult Family Group Living Home P 1. Residential 2. Recreation, Education, & Public Assembly Public and Private Parks P Mortuaries and Crematoriums U Churches, Temples, and Monasteries P Clubs, Lodges, and Community Centers <3,000 square feet P >3,000 square feet U Museums, Libraries, and Public Service and Facilities P School U Day-Care Center P Studio: Dance or Exercise P Theater P 3. Retail Bar U Nightclub U Retail Shops and Stores, except with the following features:P Alcoholic beverage sales P On-site Production of Items Sold >5,000 square feet U Floor Area >10,000 square feet U Restaurants and Food Services P 4. Services Medical and Nursing Facilities P Household Services P Personal Services P Professional Offices P Animal Hospital U 5. Transportation & Infrastructure Private and Public Utilities and Facilities U Transportation Terminals and Docks P 6. Telecommunications Facilities Communication Facilities U 7. Key P Permitted Use U Use Permit Required •Any other unlisted use that the Planning Director finds to be similar in nature to those listed in this Section as requiring a Use Permit may also be allowed with a Use Permit in this Transect Zone. 8. Notes C. Use Table (continued) 2.1.030 T4 Kaumakani Village Commercial-Plantation Camp (T4KVC-PC) Plantation Camp Form-Based Code 20 D. Building Placement 1. Front Setback from Civic Space •There is a 25 foot minimum setback for all structures from the closest civic space. E. Building Form 1. Height •No building shall be greater than two stories in height maximum. •All buildings shall be 35 feet maximum in height from the finished grade to the top of the peak of the roof. Up to four additional feet is provided to elevate the structure on post- on-pier. •Finished grade at main entry shall not be greater than four feet above existing grade. 2. Structure-to-Structure Setback •There is a 10 foot minimum setback between structures. 2. Roof Pitch All Building Types •Roof pitch lines shall be set at a 5:12 ratio. •Gable, Hip, Hip Gablet, Flat, and Single-Sloping shed roofs are permissible roof types. Accessory Structure •Gable, Hip, Hip Gablet, Flat, and Single-Sloping shed roofs are permissible roof types. G. Parking Required Spaces •For residential use, one parking space for each 1,500 square feet of gross floor space. •For all other allowed uses, two parking spaces for each 1,000 square feet of gross floor space. F. Accessory Structures •Non-habitable accessory structures do not require a building type and shall be located behind the rear of the respective building. •Accessory structures are allowed throughout this transect. •Accessory structures shall not exceed 200 square feet in size. •Accessory structures shall be limited to no more than five per building. •There shall be a 10 foot minimum setback from all structures (ie from buildings or other accessory structures). 2.1.040 2.1.040 T3 Kaumakani Avenue -Plantation Camp (T3KA-PC) A. Transect Zone Intent and Description B. Building Types (Choose one.) Permissible Building Types Standards Avenue Cottage 2.2.080 •This transect zone maintains the historical pattern and intensity of the Kaumakani Avenue while allowing new construction to occur on sites that were previously demolished or do not contribute to the historical integrity of the Avenue area. C. Use Table Residential Uses Permitted Use Home Businesses Permitted Use •Residential use within the Avenue Cottage building type is the only permissible use within this transect. Home businesses are a permissible residential use within an Avenue Cottage. All other uses are prohibited. Plantation Camp Form-Based Code 21 General note: the illustration above is intended to provide a brief overview of the transect zone and is descriptive in nature. •With the exception of accessory structures, all other building types are prohibited. E. Building Form 1. Height F. Accessory Structures •Non-habitable accessory structures do not require a building type and shall be located behind the rear of the Kaumakani Avenue Cottage body or Lānai Carport. •Accessory structures are allowed throughout this zone. •Accessory structures shall not exceed 250 square feet in size. •Accessory structures shall be limited to no more than three per Cottage. •There is a 10 foot minimum setback for accessory structures (ie from Cottages or other accessory structures). D. Building Placement 1. Front Thoroughfare Setbacks •The Cottage front shall be set to align with the façade of the body of the front most immediately adjacent Cottage’s front. •Any new Cottage is prohibited from not aligning its front with the façade of the front most immediately adjacent Cottage’s front. 2. Side Thoroughfare Setbacks •The Cottage’s side shall be set to align with the most immediately adjacent Cottage’s side street side. 3. Building-to-Building Setbacks •There is a 40 foot minimum setback between Cottages. 4. Building Placement Notes: •Fences and encroachments are prohibited in the front setback area. •All structures shall have a maximum height limit of nine feet from the finished floor to the top of wall plate. Up to four additional feet provided to elevate the structure on post-on- pier. •Finished grade at main entry shall not be greater than four feet above existing grade. G. Parking 2.1.040 T3 Kaumakani Avenue -Plantation Camp (T3KA-PC) Plantation Camp Form-Based Code 22 2. Roof Pitch All Building Types •Hip, Hip Gablet, or Gable roofs are permissible roof types. Flat or Single-Sloping shed roofs are prohibited on Cottages. Accessory Structure •Gable, Hip, Hip Gablet, Flat, and Single-Sloping shed roofs are permissible roof types. 1. Required Spaces •Two off-thoroughfare parking stalls are required per Cottage. 2. Parking Setback •All off-thoroughfare parking areas shall be setback a minimum of 10 feet to the rear of the respective Cottage’s building front. 2.1.050 2.1.050 T3 Kaumakani Avenue Flex -Plantation Camp (T3KAF-PC) A. Transect Zone Intent and Description This transect zone continues the historical pattern and intensity of the Kaumakani Avenue to allow new construction to occur in a previously occupied but currently vacant land west of the existing Avenue area. B. Building Types (Choose one.) Permissible Building Types Standards Avenue Cottage 2.2.080 C. Use Table Residential Uses Permitted Use Home Businesses Permitted Use •Residential use within the Avenue Cottage building type is the only permissible use within this transect. Home businesses are a permissible residential use within an Avenue Cottage. All other uses are prohibited. Plantation Camp Form-Based Code 23 General note: the illustration above is intended to provide a brief overview of the transect zone and is descriptive in nature. •With the exception of accessory structures, all other building types are prohibited. D. Building Placement 1. Front Thoroughfare Setbacks •There is a 30 foot minimum setback from the front thoroughfare. 2. Side Thoroughfare Setbacks •There is a 30 foot minimum setback from the side thoroughfare. 3. Building-to-Building Setbacks •There is a 40 foot minimum setback between cottages. 4. Building Placement Notes: •Fences and encroachments are prohibited in the front setback area. 2.1.050 T3 Kaumakani Avenue Flex -Plantation Camp (T3KAF-PC) Plantation Camp Form-Based Code 24 E. Building Form 1. Height •All structures shall have a maximum height limit of nine feet from the finished floor to the top of wall plate. Up to four additional feet provided to elevate the structure on post-on- pier. •Finished grade at main entry shall not be greater than four feet above existing grade. 2. Roof Pitch All Building Types •Hip, Hip Gablet, or Gable roofs are permissible roof types. Flat or Single-Sloping shed roofs are prohibited on Cottages. Accessory Structure •Gable, Hip, Hip Gablet, Flat, and Single-Sloping shed roofs are permissible roof types. F. Accessory Structures •Non-habitable accessory structures do not require a building type and shall be located behind the rear of the Kaumakani Avenue Cottage body or Lānai Carport. •Accessory structures are allowed throughout this zone. •Accessory structures shall not exceed 250 square feet in size. •Accessory structures shall be limited to no more than three per cottage. •There is a 10 foot minimum setback for accessory structures (ie from Cottages or other accessory structures). G. Parking 1. Required Spaces •Two off-thoroughfare parking stalls are required per Cottage. 2. Parking Setback •All off-thoroughfare parking areas shall be setback a minimum of 10 feet to the rear of the respective Cottage’s building front. 2.1.060 2.1.060 T3 Kaumakani Avenue Administration -Plantation Camp (T3KAA-PC) A. Transect Zone Intent and Description B. Building Types (Choose one.) Permissible Building Types Standards •This transect zone maintains the historical pattern and intensity of the Kaumakani Avenue Administrative Office area while allowing new construction to occur on previously demolished sites. Plantation Camp Form-Based Code 25 General note: the illustration above is intended to provide a brief overview of the transect zone and is descriptive in nature. •With the exception of accessory structures, all other building types are prohibited. Administrative Building 2.2.090 Dormitory 2.2.100 C. Use Table Administrative Office Permitted Use Dormitory Permitted Use Residential Uses Permitted Use Medical and Nursing Facilities Permitted Use Professional Offices Permitted Use Day-Care Center Permitted Use Museums, Libraries, and Public Service and Facilities Permitted Use •With the exception of the permitted uses listed above, all other uses are prohibited. Avenue Cottage 2.2.080 D. Building Placement 1. Front Thoroughfare Setbacks •The building's front shall be set to align with the façade of the body of the front most immediately adjacent building's front. •Any new building is prohibited from not aligning its front with the façade of the front most immediately adjacent building's front. 2. Side Thoroughfare Setbacks •The building's side shall be set to align with the most immediately adjacent building's side street side. 3. Building-to-Building Setbacks •There is a 20 foot minimum setback between building's. G. Parking 1. Required Spaces 2. Parking Setback •All off-thoroughfare parking areas shall be setback a minimum of 10 feet from the rear of the respective building’s front. 2.1.060 T3 Kaumakani Avenue Administration -Plantation Camp (T3KAA-PC) Plantation Camp Form-Based Code 26 •Dormitories shall provide a minimum of one stall per 1,500 square feet of gross floor space. •All other allowed uses shall provide a minimum of one stall per 1,000 square feet of gross floor space. E. Building Form Height •No building shall be greater than two stories in height maximum. •All buildings shall be 30 feet maximum in height from the finished grade to the top of the peak of the roof. Up to four additional feet provided to elevate the structure on post-on- pier. •Finished grade at main entry shall not be greater than four feet above existing grade. F. Accessory Structures •Non-habitable accessory structures do not require a building type and shall be located behind the rear of the respective building type. •Accessory structures are allowed throughout this zone. •Accessory structures shall not exceed 250 square feet in size. •Accessory structures shall be limited to no more than two for each respective building. •There is a 10 foot minimum setback for accessory structures (ie from Cottages or other accessory structures). Article 2: Transect Descriptions and Building Types Plantation Camp Form-Based Code 27 Sub-Article 2.2: Plantation Camp Building Types 27-37 2.2.010 Kaumakani Village Cottage 28 2.2.020 House Village 29 2.2.030 House Cottage 30 2.2.040 Duplex 31 2.2.050 Multiplex Small 32 2.2.060 Multiplex Large 33 2.2.070 Main Street Mixed Use 34 2.2.080 Kaumakani Avenue Cottage 35 2.2.090 Kaumakani Avenue Administrative Building 36 2.2.100 Dormitory 37 F. Building Frontages A. Description •Kaumakani Cottage: This building type is a small detached residential structure. There are two types of Kaumakani Cottages: Kaumakani Cottage, Vertical and Kaumakani Cottage, Horizontal. 2.2.010 2.2.010 Kaumakani Village Cottage B. Building Size and Massing •The Kaumakani Cottage shall have one main body section. •No more than one main body is permissible for each Kaumakani Cottage. •Except for Lānai Carports, up to two stoops, and one mechanical equipment storage area is allowed. 1. Main Body •The width of the main body shall be 25 feet. •The depth of the main body shall be 41 feet. C. Siding •Except for foundations and posts, all siding material shall be wood-based material. •All siding shall be vertically aligned. D. Height •The Kaumakani Cottage shall have a nine feet maximum height limitation from finished floor to top of wall plate. •Up to four additional feet is permissible to elevate the Cottage on post-on-pier. E. Lanai Carports •For Kaumakani Cottages that are vertically aligned perpendicular to the throughfare, the following rules apply: •One attached Lānai carport is required. Additional attached Lānai carports are prohibited. •The Lānai carport shall be located on the Carport Side of the Kaumakani Cottage. The Lānai carport shall not be located in the front or rear of the Cottage. •The Lānai carport shall be located in line with or to the rear of the exterior body’s front wall. •The Lānai carport shall be located in line with or in front of the exterior body’s rear wall. •The Lānai carport shall have a minimum width of 10 ft. 1. Kaumakani Cottage, Vertical •For Kaumakani Cottages that are horizontally aligned with the thoroughfare, the following rules apply: •One attached lanai carport is required. Up to two Lānai carports are permissible. •The Lānai carport shall be located on either the front or rear of the Cottage. •The Lānai carport shall not extend beyond each of the Cottage’s respective side walls. •The Lānai carport shall have a minimum depth of 10 ft. 2. Kaumakani Cottage, Horizontal 2. Horizontal Cottage 1. Vertical Cottage •A Vertical Cottage shall have a Front Yard. All other frontage types are prohibited. Plantation Camp Form-Based Code •A Horizontal Cottage that does not have a Lānai carport located at the front of the body shall have one frontage type. The permissible frontage types are:Lānai, Projecting;Lānai , Engaged; and Stoop. All other frontage types are prohibited. General note: the illustration above is intended to provide a brief overview of the building type and is descriptive in nature. 28 A. Description •House Village: This Building Type is a medium sized detached structure. It is typically located within a primarily single-family residential neighborhood in a walkable urban setting potentially near a neighborhood main street. 2.2.020 2.2.020 House Village Plantation Camp Form-Based Code 29 C. Building Frontages B. Building Size and Massing 1. Main Body D. Pedestrian Access E. Vehicle Access and Parking 2. Wing(s) •Main entrance location shall be located in the front of the House Village. •Parking may be accessed from the front only when there is no adjacent alley or side street. •The width of the main body shall be no more than 50 feet maximum. •The depth of the main body shall be no more than 40 feet maximum. •The width of the wing shall be no more than 30 feet maximum. •The depth of the wing shall be no more than 30 feet maximum. •Where multiple wings are proposed, each wing shall have at least 10 feet of separation from each other respective wing. •A House Village shall have at least one frontage type. The permissible frontage types are:Lānai, Projecting;Lānai, Engaged; and Stoop. All other frontage types are prohibited. •A House Village shall have one main body. •No more than one main body is permissible for each House Village. •A House Village may have a maximum of two wings attached to the main body. •Wings shall not be attached to each other. General note: the illustration above is intended to provide a brief overview of the building type and is descriptive in nature. 2.2.030 2.2.030 House Cottage Plantation Camp Form-Based Code 30 A. Description •House Cottage: This Building Type is a small detached structure. It is typically located within a primarily single-family neighborhood in a walkable urban setting, potentially near a neighborhood main street. This Type enables appropriately well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability. B. Building Size and Massing 1. Main Body 1. Wing(s) •The width of the main body shall be no more than 36 feet maximum. •The depth of the main body shall be no more than 36 feet maximum. C. Building Frontages D. Pedestrian Access E. Vehicle Access and Parking •Main entrance location shall be located in the front of the House Cottage. •Parking may be accessed from the front only when there is no adjacent alley or side street. •A House Cottage shall have one main body. •No more than one main body is permissible for each House Cottage. •A House Cottage may have a maximum of two wings attached to the main body. •Wings shall not be attached to each other. •The width of the wing shall be no more than 20 feet maximum. •The depth of the wing shall be no more than 20 feet maximum. •Where multiple wings are proposed, each wing shall have at least 10 feet of separation from each other respective wing. •A House Cottage shall have at least one frontage type. The permissible frontage types are: Lānai, Projecting;Lānai, Engaged; and Stoop. All other frontage types are prohibited. B. Building Size and Massing (continued) General note: the illustration above is intended to provide a brief overview of the building type and is descriptive in nature. 2.2.040 2.2.040 Duplex Plantation Camp Form-Based Code 31 A. Description •Duplex: This Building type is a small-to- medium sized structure that consist of two side-by-side or stacked dwelling units, both facing the street and sharing one common party wall. This type has the appearance of a medium to large single-family home and is appropriately scaled to fit within primarily single-family neighborhoods or medium density neighborhoods. It enables appropriately-scaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability. D. Pedestrian Access E. Vehicle Access and Parking •Main entrances' locations shall be located in the front of the Duplex. •Each unit shall have an individual street-facing entry on the front façade. •Parking may be accessed from the front only when there is no adjacent alley or side street C. Building Frontages B. Building Size and Massing 1. Main Body 2. Wing(s) •The width of the main body shall be no more than 48 feet maximum. •The depth of the main body shall be no more than 40 feet maximum. •A Duplex shall have one main body. •No more than one main body is permissible for each Duplex. •A Duplex may have a maximum of two wings attached to the main body. •Wings shall not be attached to each other. •The width of the wing shall be no more than 15 feet maximum. •The depth of the wing shall be no more than 20 feet maximum. •Where multiple wings are proposed, each wing shall have at least 10 feet of separation from each other respective wing. •A Duplex shall have at least one frontage type per unit. The permissible frontage types are:Lānai, Projecting;Lānai, Engaged; and Stoop. All other frontage types are prohibited. General note: the illustration above is intended to provide a brief overview of the building type and is descriptive in nature. A. Description •Multiplex Small: This Building type is a medium structure that consists of three to six side-by-side and/or stacked dwelling units, typically with one shared entry or individual entries along the front. This type has the appearance of a medium-sized family home and is appropriately scaled to fit in sparingly within primarily single-family neighborhoods or into medium-density neighborhoods. This type enables appropriately-scaled, well- designed higher densities and is important for providing a broad choice of housing types and promoting walkability. 2.2.050 2.2.050 Multiplex Small Plantation Camp Form-Based Code 32 B. Number of Units •The minimum number of units in a Multiplex Small building is three. •The maximum number of units in a Multiplex Small building is six. B. Building Size and Massing 1. Main Body 2. Wing(s) •The width of the main body shall be no more than 48 feet maximum. •The depth of the main body shall be no more than 36 feet maximum. •A Multiplex Small building shall have one main body. •No more than one main body is permissible for each Multiplex Small building. •Wings shall not be attached to each other. •The width of the wing shall be no more than 24 feet maximum. •The depth of the wing shall be no more than 24 feet maximum. •Where multiple wings are proposed, each wing shall have at least 10 feet of separation from each other respective wing. C. Building Frontages D. Pedestrian Access E. Vehicle Access and Parking •Main entrances' locations shall be located in the front of the Multiplex Small building. •Parking may be accessed from the front only when there is no adjacent alley or side street. •A Multiplex Small building shall have at least one frontage type. The permissible frontage types are:Lānai, Projecting;Lānai, Engaged; and Stoop. All other frontage types are prohibited. General note: the illustration above is intended to provide a brief overview of the building type and is descriptive in nature. A. Description •Multiplex Large: This Building type is a medium-to-large sized structure that consists of multiple side-by-side and/or stacked dwelling units accessed from a courtyard or series of courtyards. Each unit may have its own individual entry, or up to three units may share a common entry. It enables appropriately-scaled, well-designed higher densities and is important for providing a broad choice of housing types and promoting walkability. 2.2.060 2.2.060 Multiplex Large Plantation Camp Form-Based Code 33 B. Number of Units •The minimum number of units in a Multiplex Large building is seven. •The maximum number of units in a Multiplex Large building is 18. C. Building Size and Massing 1. Main Body 2. Wing(s) •The width of the main body shall be no more than 150 feet maximum. •The depth of the main body shall be no more than 65 feet maximum. •A Multiplex Small building shall have one main body. •No more than one main body is permissible for each Multiplex Small building. •Wings shall not be attached to each other. •The width of the wing shall be no more than 150 feet maximum. •The depth of the wing shall be no more than 65 feet maximum. •Where multiple wings are proposed, each wing shall have at least 10 feet of separation from each other respective wing. D. Building Frontages E. Pedestrian Access F. Vehicle Access and Parking •Main entrances' locations shall be located in the front of the Multiplex Large. •Parking may be accessed from the front only when there is no adjacent alley or side street. •A Multiplex Large building shall have at least one frontage type. The permissible frontage types are:Lānai, Projecting;Lānai, Engaged; Stoop; and Shopfront. All other frontage types are prohibited. 2.2.070 2.2.070 Main Street Mixed Use Plantation Camp Form-Based Code 34 A. Description •Main Street Mixed-Use: This Building type is a small-to-medium-sized structure, typically attached, intended to provide a vertical mix of uses with ground-floor, commercial, services, or residential uses. On Kaua’i this type typically includes balconies that shade the sidewalk. Smaller versions of the type include live/work units. This type makes up the primary component of a neighborhood main street and portions of a downtown main street, therefore being a key component to providing walkability. B. Building Size and Massing 1. Main Body 2. Wing(s) •The width of the main body shall be no more than 150 feet maximum. •The depth of the main body shall be no more than 40 feet maximum. •A Main Street Mixed Use building shall have one main body. •No more than one main body is permissible for each Main Street Mixed Use building. •Wings shall not be attached to each other. •The width of the wing shall be no more than 150 feet maximum. •The depth of the wing shall be no more than 40 feet maximum. •Where multiple wings are proposed, each wing shall have at least 10 feet of separation from each other respective wing. C. Building Frontages D. Pedestrian Access E. Vehicle Access and Parking •Main entrances' locations shall be located in the front of the Main Street Mixed Use building. •Parking may be accessed from the front only when there is no adjacent alley or side street. •A Main Street Mixed Use building shall have a Shopfront frontage. All other frontage types are prohibited. C. Building Frontages A. Description •Avenue Cottage: This building type is a medium-sized detached residential structure. 2.2.080 2.2.080 Kaumakani Avenue Cottage B. Building Size and Massing •Avenue Cottage shall have one main body section. •No more than one main body is permissible for each Avenue Cottage. •An Avenue Cottage may have multiple wings attached to the main body. •Wings shall not be attached to each other. 1. Main Body •The width of the main body shall not be greater than 40 feet. •The depth of the main body shall not be greater than 40 feet. 2. Wing(s) •The width of the wing shall not be greater than 20 feet. •The depth of the wing shall not be greater than 20 feet. •Where multiple wings are proposed, each wing shall have at least 10 feet of separation from each other respective wing. •A Kaumakani Avenue Cottage shall have at least one frontage type. The permissible frontage types are:Lānai, Projecting;Lānai, Engaged; and Stoop. All other frontage types are prohibited. E. Foundations •At least 50 percent of the cottage shall be post-on-pier. F. Fenestration •All windows shall be double hung. G. Siding •Except for foundations and posts, all siding material shall be wood-based material. •All siding shall be vertically aligned. H. Height I. Roof Pitch •Hip, hip-gablet, and gable roofs are permissible roof types. •Flat or single-sloping shed roofs are prohibited on cottages. A. Description Plantation Camp Form-Based Code 35 •The Kaumakani Avenue Cottage shall have a nine feet maximum height limitation from finished floor to top of wall plate. •Up to four additional feet is permissible to elevate the Cottage on post-on-pier. D. Pedestrian Access •Main entrances' locations shall be located in the front of the Kaumakani Avenue Cottage. A. Description •Administration Building: This building type is a large-sized detached structure used for offices. 2.2.090 2.2.090 Kaumakani Avenue Administrative Building A. Description Plantation Camp Form-Based Code 36 C. Building Frontages •The Administration Building shall have at least one frontage type.The permissible frontage type is Shopfront. All other frontage types are prohibited. E. Fenestration •All windows shall be double hung. B. Building Size and Massing •A Administration Building shall have one main body. •No more than one main body is permissible for each Administration Building. •An Administration Building shall have no more than one wing. 1. Main Body •The width of the main body shall not be greater than 56 feet. •The depth of the main body shall not be greater than 45 feet. 2. Wing(s) •The width of the wing shall not be greater than 21 feet. •The depth of the wing shall not be greater than 51 feet. D. Pedestrian Access •Main entrances' locations shall be located in the front of the Kaumakani Avenue Administrative Building. A. Description •Dormitory: This building type is a medium- sized detached residential structure for Boarding or Administrative purposes. 2.2.100 2.2.100 Dormitory A. Description Plantation Camp Form-Based Code 37 B. Building Size and Massing •A Dormitory shall have one main body. •No more than one main body is permissible for each Dormitory building type. •A Dormitory may have a maximum of two wings attached to the main body. •Wings shall not be attached to each other. 1. Main Body •The width of the main body shall not be greater than 62 feet. •The depth of the main body shall not be greater than 89 feet. 2. Wing(s) •The width of the wing shall not be greater than 26 feet. •The depth of the wing shall not be greater than 52 feet. C. Building Frontages •The Dormitory shall have a Lānai, Projecting.All other frontage types are prohibited. E. Foundations •At least 50 percent of the cottage shall be post-on-pier. F. Fenestration •All windows shall be double hung. G. Siding •Except for foundations and posts, all siding material shall be wood-based material. •All siding shall be vertically aligned. I. Roof Pitch •Hip, hip-gablet, and gable roofs are permissible roof types. •Flat or single-sloping shed roofs are prohibited on cottages. H. Height •The Dormitory shall have a nine feet maximum height limitation from finished floor to top of wall plate. •Up to four additional feet is permissible to elevate the Dormitory on post-on-pier. D. Pedestrian Access •Main entrances' locations shall be located in the front of the Kaumakani Avenue Administrative Building. Article 2: Transect Descriptions and Building Types Plantation Camp Form-Based Code 38 Sub-Article 2.3: Kaumakani Village Building Type Frontages 38-41 2.3.010 Front Yard 39 2.3.020 Lānai, Projecting 39 2.3.030 Lānai, Engaged 40 2.3.040 Stoop 40 2.3.050 Shopfront 41 2.3.020 2.3.010 Front Yard Plantation Camp Form-Based Code 39 A. Description •The main façade of the building has a large planted setback providing a buffer from the street. The yard may be fenced or unfenced. B. Size •The depth of the front yard shall be a minimum of 10 feet. 2.3.020 Lānai, Projecting A. Description •Lānai, Projecting: The main façade of the building has a small to medium setback from the frontage line. The resulting front yard is typically very small and can be defined by a fence or hedge to spatially maintain the edge of the street. The Lānai, Projecting is open on three sides. B. Size •The width of the Lānai shall be a minimum of 10 feet. •The depth of the Lānai shall be a minimum of eight feet. •The height of the Lānai shall be a minimum of eight feet. C. Miscellaneous •Any Lānai, Projecting must have a roof. 2.3.020 Plantation Camp Form-Based Code 40 2.3.040 Stoop A. Description •Stoop: The main façade of the building is near the frontage line. This type is appropriate for residential uses with small setbacks. B. Size •The width of the stoop shall be a minimum of five feet and maximum of eight feet. •The depth of the stoop shall be a minimum of five feet and maximum of eight feet. •The height of the stoop shall be a minimum of eight feet. C. Miscellaneous •The entry door shall be covered or recessed to provide shelter from the elements. 2.3.030 Lānai, Engaged B. Size C. Miscellaneous •The width of the Lānai shall be a minimum of 10 feet. •The depth of the Lānai shall be a minimum of eight feet. •The height of the Lānai shall be a minimum of eight feet. •Any Lānai, Engaged must have a roof. A. Description •Lānai, Engaged: The main façade of the building has a small to medium setback from the frontage line. The resulting front yard is typically very small and can be defined by a fence or hedge to spatially maintain the edge of the street. The Lānai, Engaged has two adjacent sides of the Lānai that are engaged to the building while the other two sides are open. 2.3.020 2.3.050 Shopfront Plantation Camp Form-Based Code 41 A. Description •Shopfront: The main façade of the building is at or near the frontage line with an at-grade entrance along the public way. This type is intended for retail use. It has substantial glazing at the sidewalk level and may include an awning. B. Size •The distance between glazing shall be a maximum of two feet. •The ground floor front wall shall be comprised of no less than 75% transparent surfaces (ie windows/fenestration). •The depth of recessed entries shall be a maximum of five feet. C. Awning •The depth of the awning shall be a minimum of four feet. •The setback from the curb shall have a minimum of two feet. •The height of the awning shall be a minimum of eight feet. Article 3: Neighborhood Standards Plantation Camp Form-Based Code 42 Sub-Article 3.2: Civic Space Standards 44-47 3.2.010 Purpose 44 3.2.020 Standards 44 3.2.030 Civic Spaces 44-45 3.2.040 Civic Space Type Standards 46-47 Sub-Article 3.1: Thoroughfare Standards 42-43 3.1.010 Purpose 43 3.1.020 Applicability 43 3.1.030 Standards 43 3.1.010 Purpose:The purpose of this article is to provide optional standards for proposed thoroughfares within the plantation camp zones. Applicability:Any proposed thoroughfares within the plantation camp zones. Standards: A.All proposed roads and thoroughfares shall meet the County of Kauai Street Design Manual requirements as determined by the County Engineer. B.The County Engineer may approve a thoroughfare that does not meet the Street Design Manual standards within the Plantation Camp Zones if the following criteria are met: 1.The thoroughfare is 18 to 20 ft. in width; 2.The thoroughfare is paved or comprised of a compacted surface approved by the Fire Department for emergency vehicle access; 3.On street parking is prohibited; 4.The thoroughfare’s associated residences have access to a shared parking facility within a standard pedestrian shed. 5.The shared parking facility has at least one parking stall for each of the associated residences it services. 6.All of the residential units proposed on the thoroughfare are setback from the thoroughfare no more than 20 ft. Plantation Camp Form-Based Code 43 Sub-Article 3.1: Thoroughfare Standards 3.1.020 3.1.030 3.2.010 Purpose:The purpose of this article is to establish civic space standards for plantation camp civic space. Civic buildings and civic spaces provide important gathering places for communities and access to outdoor activities. The civic buildings and civic spaces should be carefully located and accessible to all. The following standards shall be met by providing and locating civic buildings and civic spaces. Standards:The design of civic spaces shall meet the standards set forth in Sub-Article 3.2. Plantation Camp Form-Based Code 44 Sub-Article 3.2: Civic Space Standards 3.2.020 3.2.030 Civic Spaces: The standards established in the Sub-Article provide the transect zones with a diverse palette of parks and other publicly accessible civic spaces that are essential components of walkable urban environments. The service area, size frontage and disposition of elements of standards of each civic space types are regulatory. The illustration and description of each civic space type are illustrative in nature and not regulatory. A.Service Area. Describes how the civic space relates to the County as a whole and the area that will be served by the civic space. B.Size. The overall range of allowed sizes of the civic space. C.Frontage. The relationship along property lines of a civic space to adjacent building or lots. 1.Building. Civic spaces that are listed as having a “Building” Frontage shall have the fronts of buildings, either attached to the park or across a thoroughfare, facing onto the civic space for a minimum of three-quarters of the perimeter. 2.Independent. Civic spaces that are listed as having an “Independent” frontage shall have the fronts of buildings, either attached to the park or across a thoroughfare, facing on to the civic space to the maximum extent possible, but may have the side or rear of a building or lot front on to the civic space. D.Disposition of Elements. The placement of objects within the civic space. 1.Natural. Civic spaces with natural character are designed in a natural manner with no formal arrangement of elements. 2.Formal. Civic spaces with a formal character have a more rigid layout that follows geometric forms and has trees and other elements arranged in formal patterns. 3.Informal. Civic spaces with an informal character have a mix of formal and natural characteristics. Typical Facilities. Provides a list of the typical facilities found within the civic space. This list is not intended to be a complete list of facilities allowed nor is it intended that every civic space could contain each of the facilitates listed. Plantation Camp Form-Based Code 45 Ownership and Maintenance of Required Open Space, and Civic Space. Open space areas shall be maintained as permanent open space and/or civic space through one or more of the following options: A.Establishment of an entity to manage and maintain the open space by the property owner, in a form that ensures long-term maintenance and management; B.Conveyance of the land to a property owners’ or homeowners’ association that holds the land in common ownership and will be responsible for managing and maintain it for its intended purposes; C.Conveyance of the land to a third-party beneficiary, such as a nonprofit environmental or civic organization, that is organized for , capable of, and willing to accept responsibility for managing and maintaining the land for its intended purposes; or D.Dedication of the land to the County or other appropriate public agency that is organized for, capable of, and willing to accept responsibility for managing and maintaining the land for its intended purposes. The civic spaces specified in Table 3.2.030 (Civic Space Type Standards) are allowed by right or with the specified approvals in the designated transect zones. 3.2 Plantation Camp Form-Based Code 46 Sub-Article 3.2: Civic Space Standards 3.2.040 Civic Space Type Standards Civic Space Type Special Use Park Overlook Park Pocket Park Illustration Description Location & Size Location Service Area Size Minimum Maximum Character Frontage Disposition of Elements Typical Facilities A space that is civic in nature but that does not fit into any pre- established civic space type category. Regional No Minimum No Maximum Building or Independent Natural, Formal, or Informal Passive and Active Recreation, Accessory Structure, Drinking Fountains, Community Facility < 5,000 gross square feet, Paths and Trails. An open space that provides space for viewing scenic or historically significant vistas, usually from a height. Regional No Minimum No Maximum Independent Natural or Informal Passive Recreation, Accessory Structure, Drinking Fountains, Paths and Trails. An open space available for informal activities in close proximity to neighborhood residences. Neighborhood 4,000 square feet 1 acre Building Formal or Informal Passive Recreation, Accessory Structure, Drinking Fountains, Paths and Trails. Plantation Camp Form-Based Code 47 3.2.040 Civic Space Type Standards (continued) Civic Space Type Playground Community Garden Illustration Description Location & Size Location Service Area Size Minimum Maximum Character Frontage Disposition of Elements Typical Facilities An open space designed and equipped for the recreation of children. A Playground should be fenced and may include an open shelter. Playgrounds may be included within other civic spaces. Neighborhood No Minimum No Maximum Independent or Building Formal or Informal Accessory Structure, Drinking Fountains, Paths and Trails. An open space designed as a grouping of garden plots that are available to nearby residents for small-scale cultivation. Community Gardens may be included within other civic spaces. Neighborhood No Minimum No Maximum Independent or Building Formal or Informal Accessory Structure, Drinking Fountains, Paths and Trails. 3.2 Article 4: Administration and Procedures Plantation Camp Form-Based Code 48 Sub-Article 4.1: Purpose and Applicability 48-50 4.1.010 Purpose 49 4.1.020 Applicability 49 4.1.030 Review Authority 49 4.1.040 Concurrent Processing 50 4.1.050 Rules of Interpretation 50 Sub-Article 4.2: Permits and Approvals 51-52 4.2.010 Zoning Permits 51-52 4.2.020 Use Permits 52 4.2.030 Variance 52 Sub-Article 5.3: Administration and Enforcement 53 4.3.010 Amendments 53 4.3.020 Non-Conforming Provisions 53 4.3.030 Appeals 53 4.3.040 Fee Exemptions 53 4.3.050 Enforcement 53 4.1.010 Purpose:This Article establishes procedures for the preparation, filing, and processing of applications for development permits and other entitlements required by this Code. Applicability: A.This Form-Based Code applies to any construction, development, activity, or use within the land zoned with the SPA designation as shown in Figure(s) 1.2.010 (Kaumakani Village Transect Map) and 1.2.020 (Kaumakani Avenue Transect Map). B.The requirements of this Code are in addition to all applicable federal, state, and county laws and regulations governing land use and development, including Chapter 8 (Comprehensive Zoning Ordinance) and Chapter 9 (Subdivision), Kauaʻi County Code 1987, as amended. C.In case of conflict between any provision of this Code, Kauaʻi County Code Chapter 8 (Comprehensive Zoning Ordinance) (“CZO”), and any other Kauaʻi County Code, rule, or regulation conflict, this Code shall apply. Review Authority: A.Table 4.1.030.A (Review Authority) identifies the County official or body responsible for reviewing and making decisions on each type of application required by this Code. B.All applications for property located within the Plan Area are subject to the review and approval of the review authority(s) identified in Table 4.1.030.A Review Authority. Plantation Camp Form-Based Code 49 Sub-Article 4.1: Purpose and Applicability 4.1.020 4.1.030 Table: 4.1.030.A: Review Authority Planning Commission County Council Planning DirectorReferenceApproval Zoning Permits Class I Subsec. 8-3.1(c) CZO Decision Appeal Class II Subsec. 8-3.1(d) CZO Decision Appeal Class III Subsec. 8-3.1(e) CZO Decision Appeal Class IV Subsec. 8-3.1(f) CZO Recommend Appeal/Decision Use Permit Sec. 8-3.2 CZO Recommend Appeal/Decision Variance Sec. 8-3.2 CZO Recommend Appeal/Decision Amendment Sec. 8-3.2 CZO Recommend Recommend Decision Minor Modification 4.2.040 Decision Appeal/Decision Plantation Camp Form-Based Code 50 4.1 4.1.040 Concurrent Processing:Multiple applications for the same project will be processed concurrently, reviewed, and approved or denied by the highest review authority designated by this Code for any of the permits or approvals (i.e., a project for which applications for a Class II Zoning Permit and a Use Permit are filed must have both applications decided by the Planning Commission, instead of the Director first deciding on the Zoning Permit as otherwise required by Table 4.1.030.A (Review Authority)). Rules of Interpretation: A.Authority. The Director has the authority to interpret any provision of this Code. Whenever the Director determines that the meaning or applicability of any Code requirement is subject to interpretation, the Director may issue an official interpretation. The Director may also refer any issue of interpretation to the Planning Commission for their determination. B.Language. 1.The words “shall,” “must,” “will,” “is to,” and “are to” are always mandatory: 2.“Should is not mandatory but is strongly recommended; and “may” is permissive; 3.The present tense includes the past and future tenses; and the future tense includes the present; 4.The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise; and 5.The words “includes” and “including” shall mean “including but not limited to”. 6.“Applicant” means an owner or any person who has full written authorization of the owner. 7.“Owner” means the holders of equitable and legal title of land in fee simple. 8.When used in this Code, the terms “Code,” “this Code,” or “Form-Based Code” means the West Kauaʻi Form-Based Code C.Time Limits. Whenever a number of days is specified in this Code, the number of days shall be construed as consecutive calendar days. A time limit shall extend to 4:30 p.m. on the following working day where the last of the specified number of days falls on a weekend or holiday. D.Uses Not Listed. The Director has the authority to determine other unlisted uses as similar in nature to those listed in the respective Use Tables of Article 2 (Specific to Transect Zones) as requiring a use permit, and that those similar uses may also be permissible in that respective Transect Zone with a Use Permit 4.1.050 4.2.010 Zoning Permits: A.No person shall undertake any construction or development or carry on any activity, or use, for which a zoning permit is required by this Code, or obtain a building permit for construction, development, activity, or use regulated by this Code, without first obtaining the required permit. B.To obtain any permit, the applicant shall show compliance with the standards established in this Code and shall submit, where necessary, a plot plan as required by CZO Sec. 8- 4.6(d). C.Applications for zoning permits as required in this Code shall be processed in accordance with CZO Sec. 8-3.1 (Zoning Permits). D.For any Zoning Permit, the designated Review Authority may approve, with or without conditions, or deny the permit. The following Zoning Permits are required for the following activities: 1.Class I Permit. A Class I Permit must be obtained for construction or development not located in a Constraint District or a Special Treatment District where the construction or development does not require a Use Permit or a Variance Permit and: a.For non-residential or mixed-use projects that are generally permitted; or b.For residential projects, the project consists of no more than one (1) dwelling unit. 2.Class II Permit. A Class II Permit must be obtained for construction or development of a residential project consisting of between two (2) to ten (10) dwelling units that are not located in a Constraint District or a Special Treatment District where the construction or development does not require a Use Permit or a Variance Permit. 3.Class III Permit. A Class III Permit must be obtained for construction or development where the construction or development does not require a Variance Permit or a Use Permit and: a.For any project where a Class I or Class II Zoning Permit would otherwise be required, except that the development is located in a Constraint District or a Special Treatment District; or b.For residential projects, the project consists of between eleven (11) and fifty (50) units; or Plantation Camp Form-Based Code 51 Sub-Article 4.2: Permits and Approvals 4.Class IV Permit. A Class IV Permit must be obtained for construction or development, whether or not the development is located in a Constraint District or Special Treatment District where: a.For non-residential or mixed-use projects that require a use permit; or b.For residential projects, the project consists of fifty-one (51) or more dwelling units; or c.For any project, a Class I, II, or III Permit would otherwise be required, except that a Use Permit or a Variance Permit is required. E.After-the-Fact Permits. In addition to the Zoning Permit filing and processing fee(s), an application for a Zoning Permit for a structure partially or fully constructed without the required approvals and/or a use that has commenced prior to the required approvals shall have an additional filing, inspection, and processing fee(s) which is double that of the original filing and processing fee(s) or five hundred dollars ($500.00), whichever is greater. Use Permits: No person shall undertake any construction or development, or carry on any activity or use for which a Use Permit is required by this Code, or obtain a building permit for construction, development, activity or use for which a Use Permit is required by this Code, without first obtaining a Use Permit in accordance with CZO Sec. 8-3.2 (Use Permits). Variance: Request for a variance from the provisions of this Code must comply with the requirements in CZO Sec. 8-3.3 (Variance). Plantation Camp Form-Based Code 52 4.2.020 4.2.030 4.2 4.3.010 Amendments: This Code may be amended in compliance with the requirements in CZO Sec. 8-3.4. Non-Conforming Provisions: Nothing in the Plantation Camp Form-Based Code shall restrict or prevent an applicant from re-constructing or repairing a structure in a respective Plantation Camp transect pursuant to Section 8-8A2, subsections (a) and (b), of the Kauai County Code, 1987, as amended. Any new densities, structures, and uses, proposed in a respective Plantation Camp transact beyond those permissible within Section 8-8A of the Kauai County Code, 1987, as amended, shall be in conformance with the rules, regulations, and standards of the subject Plantation Camp Form-Based Code. Appeals: A.An applicant who seeks to appeal from an adverse decision of the Director or designee shall file a notice of appeal with the Director and the Planning Commission within thirty (30) days after the adverse decision. B.If the appeal is from the denial of a Class III Zoning Permit, the Director shall make the notice public and shall notify any persons who have duly requested notice of appeals. C.The Planning Commission shall consider the appeal at a public session within sixty (60) days of the filing of the notice of appeal and shall render its decision within that period. Fee Exemptions: A.A Zoning Permit application for a housing project or portions of housing projects that are developed to be affordable to low-income households as determined by the Housing Director or authorized representative of the County Housing Agency shall be exempt from the filing and processing fee required in CZO Subsection 8-3.1(b)(1), provided such projects conform to applicable provisions of the County’s affordable housing program. B.A Zoning Permit application for a housing project or portions of housing projects that are developed to be affordable as determined by the Housing Director or authorized representative of the County Housing Agency shall be exempt from one-half (1/2) of the filing and processing fee required in CZO Subsection 8-3.1(b)(1), provided such projects conform to applicable provisions of the County’s affordable housing program. C.No exemptions shall be afforded for such housing projects from any fees or costs arising from compliance with CZO Subsection 8-3.1(f)(4) or (h). Enforcement: 1.Enforcement, legal procedures, and penalties for violations of any of the regulations and standards within the Plantation Camp Form-Based Code are established pursuant to section 10-7.2 of the Kauai County Code, 1987, as amended. Plantation Camp Form-Based Code 53 Sub-Article 4.3: Administration and Enforcement 4.3.020 4.3.030 4.3.040 4.3.050 Article 5: Definitions Plantation Camp Form-Based Code 54 Sub-Article 5.1: Definitions of Terms and Phrases 54-56 5.1.010 Definitions 55-56 Definitions This Section provides definitions for specialized terms and phrases used in this Article. All other applicable definitions in Chapter 8 of the Kauai County Code or CZO apply. Civic Space –An outdoor area dedicated for civic activities. See Sub-Article 35.2 (Civic Space Standards). Civic Building –A structure operated by governmental or not-for-profit organizations and limited to civic and related uses. County Engineer –The County Engineer of the Department of Public Works of the County of Kauai. Cottage Carport Side –The portion of a vertically aligned Kaumakani Cottage that is designated for the attached lanai carport. The Carport Side of all vertically aligned Kaumakani Cottages shall face the adjacent cottage's carport side. Director –Planning Director of the County of Kauai. Foundation –The lowest load-bearing part of a building, typically including structural placement below ground level Front –The front section of the building facing the thoroughfare or a civic space. If two or more portions of a building face a thoroughfare or a civic space, the Director shall determine which portion of the building is the front. Frontage –The main entrance of a building located between the front of a building and a thoroughfare or civic space. Glazing –The glass component of a building's façade. Gable Roof –A roof with two sloping side and a gable, or wall, at each end. Hip Gablet/Dutch Gable Roof –Is a roof with a small gable at the top of a hip roof. Hip Roof –A roof that slopes upward from all sides of the structure, having no vertical ends. Horizontal Cottage –A horizontal cottage is oriented with its longer sides in parallel with the thoroughfare. Lānai Carport –A covered structure that provides protection for vehicles and that can also be used as a Lānai for outdoor activities or living space. Main Body –The main body constitutes the primary structure. Mechanical Equipment Storage –small roofed accessory structure, attached or detached, that is no larger than 40 square feet in size. Plantation Camp Form-Based Code 55 Sub-Article 5.1: Definitions of Terms and Phrases 5.1.010 Post-on-Pier –Type of development where the weight of the structure is distributed across a series of posts installed under the home and mounted to piers, which are typically masonry blocks arranged to distribute the weight evenly. Rear –Section of the building the opposite front of the building. Residential Use –The use of a structure or site for human habitation that may include a home, abode, or place where an individual is actually living at a specific point in time. Residences do not include transient accommodations such as transient hotels, motels, tourist cabins, or trailer courts, and dormitories, fraternity or sorority houses. Setback –A designated minimal amount of space required between a structure and the thoroughfare. Shed Roof –A flat roof that slopes in one direction and may lean against another wall or building. Side –Section of the building running perpendicular to the front and rear of the building. Thoroughfare –A road or path designed for multiple users, including pedestrians, bicyclists, and vehicles. Transect Zone –A defined area that meets the organization of the human habitat with a development intensity that meets natural and/or build form characteristics. Vertical Cottage –A vertical cottage is oriented with its longer sides perpendicular to the thoroughfare. Wing –A wing is part of a building that is subordinate to the main body. Plantation Camp Form-Based Code 56 5.1 Minor Modifications: 1.Purpose. The purpose of a Minor Modification is to streamline and expedite the permitting process by authorizing the Director to allow minor deviations from certain standards in this Code when the Minor Modification constitutes a reasonable use of the property but is not otherwise permissible under a strict application of this Code. 2.Review Procedure Applications. Applicants may file a written application with the Planning Department for a Minor Modification on a form prescribed by the Planning Department. The application shall contain or be accompanied by: A.A non-refundable filing and processing fee in the amount of $30.00; B.A description of the property in sufficient detail to determine its precise location; C.Information necessary to show conformity with the standards established in this Section; and D.Any other plans and information required by the Planning Department. Process: 1.The Director or designee shall check the application to determine whether the application conforms to the standards established by this Code and may require additional information if necessary, to make the determination. 2.The Director may approve a Minor Modification, with or without conditions, or deny the permit. 3.The Director or designee may approve a Minor Modification as allowed in this Section, only after first determining that the Minor Modification complies with the findings specified in Subsection 5.2.040.D (Findings for a Decision on a Minor Modification). 4.Each Minor Modification application must be reviewed on an individual case-by-case basis. The approval of a previous Minor Modification is not admissible evidence for the approval of a new Minor Modification. Plantation Camp Form-Based Code 57 4.2.040 4.2 Modifications Allowed: 1.General Modifications. The Director may approve a Minor Modification in any Transect Zone for a modification of up to 20 percent of any measurable standard prescribed in this Code, only after first determining that the requested modification complies with the findings specified in Subsection 4.2.040.4 (Findings for a Decision on a Minor Modification). 2.Modification Prohibited. Minor Modification may not be granted to permit a building, frontage type, or land use that is not allowed in a zone; an increase in building height or units per building; a reduction in distance between buildings; or a modification of a numeric threshold for applicability of a required standard, for example, standards that apply to sites 5 acres or larger. 3.Additional Modification. In addition to the modification allowed under Subsection C.1, the Director may approve a modification as provided in Table 4.2.040.A (Minor Modifications Allowed). If the modification in Table 4.2.040.A (Minor Modifications Allowed) is less permissive than Subsection C.1., Table 4.2.040.A supersedes. Plantation Camp Form-Based Code 58 4.2.040 4.2 Table: 4.2.040.A: Minor Modifications Allowed Type of Minor Modification Allowed Maximum Modification Reduction in minimum building façade located 10% within the façade zone (Sub-Article 2.2) Increase in maximum Building width or depth 5% (Sub-Article 3.2) Modification of frontage type minimum or 10% maximum width or depth (Sub-Article 3.3) Reduction minimum Ground flood transparency 10% (Sub-Article 3.3) Findings for a Minor Modifications: The Director shall review and approve or deny an application for a Minor Modification, with or without conditions, only after the following findings are made: 1.Granting the Minor Modification will not be materially detrimental to the public health, safety, or welfare and will not impair an adequate supply of light and air to adjacent property; 2.The requested Minor Modification does not satisfy the criteria for a Variance, in CZO Sec. 8-3.3 (Variance); 3.The requested Minor Modification will not allow the establishment of a use that is not allowed in the zone; 4.The proposed project is consistent with the West Kauaʻi Community Plan; and 5.The proposed project will comply with all other applicable standards in this Code. Plantation Camp Form-Based Code 59 4.2.040 4.2 EXHIBIT “B” (Agency Comments)