OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Kaua‘i Planning Commission and Subdivision Committee Meeting - January 14, 2025

County Council & Committees — Tuesday, January 14, 2025
BodyKauai County, Hawaii
SessionCounty Council & Committees
DateTuesday, January 14, 2025
StatusFILED
Video Record
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Transcript — Verbatim
3:03

Recording in progress.

4:54

We get our roll off.

4:59

Oh, here.

5:00

Excuse Chair DeGrassian.

5:02

Here.

5:03

Your call, Mr.

5:04

Chair.

5:06

The department has no recommended changes to the agenda.

5:10

Move to approve the agenda.

5:11

Okay.

5:13

Motion on the clouds to approve the agenda.

5:15

Still a voice vote.

5:16

All in favor say aye.

5:18

I both very.

5:22

We have no new minutes or see the vital store record or this business moving on the agenda item G one.

5:30

So don't make subdivision.

5:35

Family trust at all proposed to law boundary adjustments, TF2, those three-018 and 015 and 036.

5:43

Okay, the callhill would be we don't have even signed up.

5:56

Um supervisor reporting the record of the post-development redefines the boundaries between two parcels identified as TMKs 2318, parcels 15 and 36.

6:11

Currently, parcel 15 contains approximately 3.143 acres and is situated within the county agriculture and open zoning districts and state that use agricultural district.

6:21

Parcel 36 contains approximately 0.96 acres situated within the council residential or four zoning district and state 2 serving district.

6:40

During the initial review of the subdivision proposal, do the department could not definitively determine that parcels 15 and 36 were lots of recording.

6:59

However, in 1970, parcel 24 was dropped and subsequently became parcels 15 and 36.

7:05

And considering this, since tax parcels are prevalently intended for taxation purposes, the department could not confirm the subject parcels as lots of records on this documentation was provided that indicated the parcels to meet the definition of law as prescribed in section 8 test 1.5 of the comprehensive zoning arguments.

7:23

Consequently, the department requested a preliminary subdivision map approval for this application because updated two phases.

7:29

Part one required the applicant to submit a recorded subdivision map and confirming that parcels 15 and 36 are recognized as lots of record.

7:38

This requirement is detailed in condition one eight of the tentative approval letter for the subject subdivision application data June 5th, 2024.

7:46

Part two of the approval including compliance with all agencies conditions would proceed upon receipt of the necessary documentation in accordance with the department's request on 24th 2024.

7:57

The quiet planning commission granted part one of the preliminary subdivision map approvals of this application.

8:13

The findings indicated that these boundaries were established through subdivision number six, also known as the Noise Subdivision that was approved by the Council Coin Works of the First Research 1956.

8:24

Based on this information, the department has determined that parcels 15 and 36 are lots of records.

9:25

Good morning.

9:26

Good morning, Commission.

9:32

Here presenting the owners.

9:42

So it's just adjusting the boundaries between those lines.

10:00

Look forward to working with the area departments to get the subdivision finalized.

10:07

Thank you.

10:07

Any questions for um there's no further questions seeking a motion move to approve subdivision application number yes as 2024-9 involving two lot boundary adjustments second motion on the boards for approval of this tentative application?

10:30

Could you get a role called Mr.

10:32

Crock?

10:33

Roll call, Mr.

10:33

Chair and Commissioner Cole.

10:35

Hi, Chair De Gosper.

10:36

Hi.

10:49

The definition of a lot hardcore ambassador is a uh unit law record establishment subdivision action.

10:58

As Kenny's gone through some of these separate requests and looking in the history of property rights and establishment of lots, um, there appear to be some historical cases that prior to the existence of the planning commission and the formal subdivision process, individual property units that would essentially equate in this situation like the board of supervisor taking action that created a lot of record, but remains somewhat in limbo because of not possibly matching up with the hard and fast definition of a lot of record under the quietonic code.

11:34

So we're looking at to be able to clean that up, propose an amendment to the conference of zoning orders of submit orders, whereby a lot of record can also include actions such as license when the board of supervisors took action on it.

11:48

So it should help clear a lot of these property issues up that exist that I don't see our frequent thing across Kennedy's desk, but occur and and some families are kind of left in the lurch because of somewhat nebulous or not quite um adequate definitions of model records.

12:09

So this is one case we can't be able to find enough evidence that was so far working clearly established.

12:14

This was intended to be a separate property and parcel.

12:18

Um for many other properties we're probably gonna have to go clean up, and we hope that's we got the client commission in the next three, maybe four months.

12:28

Thank you, but uh next on the agenda is item G2 plenty subdivision extension request or subdivision application number SS 24-6 cocoa parcel HA subdivision, BBC P Coco infrastructure LC is the applicant MP along with MP Foy H development fund LLC proposed three lot consolidation subdivision 51 lots TMKs 2-6-0190261.

12:55

Is that any public testimony on this agenda item?

13:01

Okay, um we make a statement on the floor.

13:06

Um in light of my um there's no personal conflict, but there's a possible conflict with my district planet.

13:13

Therefore, I will refuse from this item with the recusal.

13:19

We have no form for this agenda item, so it moves on to the subsequent or later agenda, which um tentatively will be uh the second clues of function moving on to agenda item two Bullets.

13:44

So there's an application number S-2023-1 Will of Parcel A2 F2 F3 subdivision BBC Put the Development LLC proposed 31 lot subdivision of sorry um is any why having said it's signed up is anybody here from the public like to testify on such an item seeing not an alternative can you for the staff director's report for candy matter subreddit report uh the application is requesting an extension of time to file the final subdivision map with the planning department for interception and just three point C lot of the subdivision order it's my point code.

14:38

Supplication is granted preliminary subdivision map by the planning commission on January 9 2024.

14:49

Sorry this application was granted preliminary subdivision approval by the planning commission on November 15th, 2022.

Discussion Breakdown — Share of Meeting
Zoning Permits█████████████████████████████29%
Procedural████████████████████████24%
Historic Preservation███████████11%
Environmental Protection██████6%
General Plan Progress████4%
Agricultural Leasing████4%
Engineering And Infrastructure████4%
Public Works███3%
Public Safety███3%
Summary of Proceedings

Kaua‘i Planning Commission and Subdivision Committee Meeting - January 14, 2025

The Planning Commission and its Subdivision Committee met on January 14, 2025, at the Lihu‘e Civic Center. The Subdivision Committee met at 8:00 AM to review several subdivision applications, extensions, and a recertification. The full Planning Commission convened at 9:00 AM to elect officers, approve subdivision committee appointments, and act on zoning permits, use permits, a general plan amendment, and an appeal of a notice of violation.

Consent Calendar

  • The 2024 Annual Report for Hokuala Resort (formerly Kauai Lagoons) was received and noted as complying with permit conditions.

Public Comments & Testimony

  • Olu Pua Gardens (Z-IV-2025-6, U-2025-4, SP-2025-1): Multiple speakers (Nick Morrison, Stephen Nasso, Marissa Faya, Lawrence Tachibana) expressed support for reopening the historic botanical gardens for weddings and events, citing economic benefits and preservation of the site.
  • Donna Apisa Laundromat (Z-IV-2025-4 & U-2025-2): Brett (last name not given) opposed the conversion, citing traffic, noise, and septic system concerns. James and Gretchen Cospera, direct neighbors, raised concerns about hours, noise, and potential expansion of use.
  • Kauai Asphalt Batch Plant (Z-IV-2025-7, U-2025-5, SP-2025-2): William Ludding and John (last name not given) testified against the project, citing traffic safety on Ma‘alo Road, environmental concerns (NPDES violations), and incompatibility with agricultural land.

Discussion Items

  • Subdivision Committee Actions: The committee approved preliminary map approval for S-2024-9 (Inouye Family Trust 2-lot boundary adjustment) and granted extensions for S-2023-1 (Kukui‘ula Parcel A2F2F3, 31-lot) until November 15, 2025; S-2024-2 (Moloa‘a Farms, 11-lot) until November 14, 2025; S-2024-4 (Souza Trust, 2-lot consolidation/4-lot) until January 9, 2026; S-2019-8 (Fernandes, 5-lot) until January 22, 2026. Recertification of final subdivision map for S-97-45 (Chu, 2-lot consolidation) was approved. Item S-2024-6 (Kukui‘ula HH) was deferred due to a potential conflict of interest.
  • Election of Officers: Commissioner Francis DeGracia was elected Chair of the Planning Commission, and Commissioner Gerald Ako was elected Vice Chair. Commissioner Ako was appointed Subdivision Committee Chair, Commissioner Glenda Nogami Streufert as Vice Chair, and Commissioner Jerry Ornellas as the third member.
  • Self-Storage Facility (Z-IV-2025-3): The applicant Charlie Hunter (Baranof Holdings) described a single-story, drive-up storage facility with 57,600 sq ft of storage, a leasing office, and a manager’s unit. The project will have 7 parking stalls (down from 8) and is expected to generate 500-566 storage units. The Planning Commission approved the permit with 12 conditions.
  • Laundromat Conversion (Z-IV-2025-4 & U-2025-2): The applicant’s attorney (Jonathan Chun) proposed conditions: hours of operation 7 AM to 3 PM, installation of a septic system, and limiting laundry trips to 4 per day. The Commission deferred the item to no later than June 2025 to allow the Planning Department to craft conditions on noise, traffic, and a potential future phase-out mechanism.
  • Olu Pua Gardens Events (Z-IV-2025-6, U-2025-4, SP-2025-1): The applicant Max Graham (Olu Pua Gardens LLC) requested permits for up to 8 large events (30–75 guests) per month and 3 small events (<30 guests) per week to fund preservation of historic structures. The Planning Department recommended reducing events to one per week until the botanical garden is restored. The Commission deferred the item to no later than June 2025 for further discussion on agricultural nexus and event frequency.
  • Port Allen Industrial Variance (Z-IV-2025-8 & V-2025-3): Tink Tank LLC sought a variance from minimum lot width (100 ft) for a 2-lot subdivision. Lot 1O1 would have 47.64 ft frontage and 76.39 ft average width. The Planning Commission approved the permits with an amendment to condition 6 (adding the word “divine”).
  • Ele‘ele Iluna Rezone (GPA-2025-1, A-2025-1, ZA-2025-1, ZA-2025-2): The Planning Department, as applicant, proposed a package of amendments to rezone 14.994 acres from Agriculture to Residential Community/Urban/R-6 to facilitate workforce housing. The Commission voted to recommend approval to the County Council.
  • Appeal CC-2025-2 (North Shore Preserve): The Commission received the petition to appeal a notice of violation and referred the matter to a contested case hearing.
  • Happy House Trust SMA Violation: A stipulated settlement was approved, requiring a certified shoreline survey before any future construction.
  • Kauai Asphalt Batch Plant (Z-IV-2025-7, U-2025-5, SP-2025-2): Following extensive discussion, the Commission approved the permits with amended conditions: night work limited to state/county projects; annual status reports to the Planning Department; a 4-year term with a possible 2-year extension; and a condition that any violation notices from DOH or EPA may (changed from “shall”) trigger revocation proceedings. The applicant’s attorney (Ian Jung) and plant manager Stephen Frank addressed concerns about NPDES violations, explaining they were paperwork-related.

Key Outcomes

  • Subdivision Applications Approved: S-2024-9 (preliminary map), S-2023-1 (extension to Nov. 2025), S-2024-2 (extension to Nov. 2025), S-2024-4 (extension to Jan. 2026), S-2019-8 (extension to Jan. 2026), S-97-45 (recertification).
  • Subdivision Application Deferred: S-2024-6 (Kukui‘ula HH) – deferred due to recusal.
  • Officers Elected: Chair Francis DeGracia, Vice Chair Gerald Ako.
  • Zoning Permits Approved: Z-IV-2025-3 (self-storage); Z-IV-2025-8 & V-2025-3 (variance for industrial lot); Z-IV-2025-7, U-2025-5, SP-2025-2 (asphalt plant) with conditions.
  • Zoning Permits Deferred: Z-IV-2025-4 & U-2025-2 (laundromat) – deferred to June 2025; Z-IV-2025-6, U-2025-4, SP-2025-1 (Olu Pua Gardens) – deferred to June 2025.
  • General Plan/Zoning Amendments Approved: GPA-2025-1, A-2025-1, ZA-2025-1, ZA-2025-2 – recommended to County Council.
  • Appeal Referred: CC-2025-2 (North Shore Preserve) – referred to contested case.
  • Stipulation Approved: Happy House Trust SMA violation settlement.
  • No Executive Session: Item 19 (Planning Director evaluation) was not held due to incomplete commission.
  • Next Meeting: Scheduled for February 25, 2025, but may be canceled if no agenda items.

Meeting Transcript

Recording in progress. We get our roll off. Oh, here. Excuse Chair DeGrassian. Here. Your call, Mr. Chair. The department has no recommended changes to the agenda. Move to approve the agenda. Okay. Motion on the clouds to approve the agenda. Still a voice vote. All in favor say aye. I both very. We have no new minutes or see the vital store record or this business moving on the agenda item G one. So don't make subdivision. Family trust at all proposed to law boundary adjustments, TF2, those three-018 and 015 and 036. Okay, the callhill would be we don't have even signed up. Um supervisor reporting the record of the post-development redefines the boundaries between two parcels identified as TMKs 2318, parcels 15 and 36. Currently, parcel 15 contains approximately 3.143 acres and is situated within the county agriculture and open zoning districts and state that use agricultural district. Parcel 36 contains approximately 0.96 acres situated within the council residential or four zoning district and state 2 serving district. During the initial review of the subdivision proposal, do the department could not definitively determine that parcels 15 and 36 were lots of recording. However, in 1970, parcel 24 was dropped and subsequently became parcels 15 and 36. And considering this, since tax parcels are prevalently intended for taxation purposes, the department could not confirm the subject parcels as lots of records on this documentation was provided that indicated the parcels to meet the definition of law as prescribed in section 8 test 1.5 of the comprehensive zoning arguments. Consequently, the department requested a preliminary subdivision map approval for this application because updated two phases. Part one required the applicant to submit a recorded subdivision map and confirming that parcels 15 and 36 are recognized as lots of record. This requirement is detailed in condition one eight of the tentative approval letter for the subject subdivision application data June 5th, 2024. Part two of the approval including compliance with all agencies conditions would proceed upon receipt of the necessary documentation in accordance with the department's request on 24th 2024. The quiet planning commission granted part one of the preliminary subdivision map approvals of this application. The findings indicated that these boundaries were established through subdivision number six, also known as the Noise Subdivision that was approved by the Council Coin Works of the First Research 1956. Based on this information, the department has determined that parcels 15 and 36 are lots of records. Good morning. Good morning, Commission. Here presenting the owners. So it's just adjusting the boundaries between those lines. Look forward to working with the area departments to get the subdivision finalized. Thank you. Any questions for um there's no further questions seeking a motion move to approve subdivision application number yes as 2024-9 involving two lot boundary adjustments second motion on the boards for approval of this tentative application? Could you get a role called Mr. Crock? Roll call, Mr. Chair and Commissioner Cole. Hi, Chair De Gosper. Hi. The definition of a lot hardcore ambassador is a uh unit law record establishment subdivision action. As Kenny's gone through some of these separate requests and looking in the history of property rights and establishment of lots, um, there appear to be some historical cases that prior to the existence of the planning commission and the formal subdivision process, individual property units that would essentially equate in this situation like the board of supervisor taking action that created a lot of record, but remains somewhat in limbo because of not possibly matching up with the hard and fast definition of a lot of record under the quietonic code. So we're looking at to be able to clean that up, propose an amendment to the conference of zoning orders of submit orders, whereby a lot of record can also include actions such as license when the board of supervisors took action on it. So it should help clear a lot of these property issues up that exist that I don't see our frequent thing across Kennedy's desk, but occur and and some families are kind of left in the lurch because of somewhat nebulous or not quite um adequate definitions of model records. So this is one case we can't be able to find enough evidence that was so far working clearly established. This was intended to be a separate property and parcel.

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