OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Kauai County Planning Commission Meeting – June 24, 2025

County Council & CommitteesTuesday, June 24, 2025
BodyKauai County, Hawaii
SessionCounty Council & Committees
DateTuesday, June 24, 2025
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
12:01

Um sorry with that first order of businesses vocal.

12:06

Commissioner Cox.

12:07

Here.

12:18

Uh Chair DeGrass is absolutely well.

12:21

Chair Paul.

12:24

We have a call, Mr.

12:25

Chair.

12:26

Next will be the approval of the agenda.

12:43

Um recommending that we move all of the associated with the respect to agents here.

13:18

Any concerns, comments?

13:20

No.

14:09

I think ten minutes, sure.

14:18

So the commission a number of testimonies after the post of the agenda which are not allowed to be transmitted to them until this meeting.

18:51

Recording the most important.

25:56

Next on the agenda item is bringing to no subdivision this morning, so we'll go to the item G sharing the public comment.

26:03

No potentially hearing so we're in the hearing section.

26:06

The first agency hearing has a petition of intervention, so I'll be turning over to attorney to clerk this meeting and stuff down to start out.

26:18

Good morning, everyone.

26:19

We are on item G2 new agency hearing class four zoning permitted for 2025.

26:25

Twelve use permit U 2025 eight.

26:28

Can you speak up?

26:29

We can't hear you.

26:30

Yes, are you hearing?

26:32

Are you able to hear me?

26:33

The microphone is on.

26:34

Is that good?

26:35

Yeah, we can be loud.

26:36

Okay.

26:37

And special permit SP 2025 to conduct agricultural tours and special events, construct a pavilion and operate an agricultural retail shop on a parcel situated at the terminus of Apuna Road in Waipake, situated at the left side of the field highway, approximately three-quarter mile of the Kapunga Road Pujel Highway intersection, further identified as tax map key four five one oh oh two oh one oh unit five, affecting an area approximately twenty-two point nine eight two acres of a larger parcel.

27:09

Carol Cassidy Orr, Kalawa Lanch Tours, director's report received six ten twenty twenty-five.

27:16

Number one, director's report pertaining to this matter.

27:19

Number two, transmittal of public testimony to Plan Commission.

27:23

Number three, supplement number one to the director's report pertaining to this matter.

27:27

And number four, petition for intervention.

27:38

First order of business will be public testimony.

27:41

If you are one of the twenty-four interveners who is a member of Kuhi Apunamalka, you will uh be welcome to speak at the time that your petition is presented on the issue of standing and not in the time of public testimony.

27:54

Is there anyone else in the room who is a member of the public and not one of the interveners who would like to testify at this time?

28:06

Hearing none, I will ask the chair to proceed.

28:19

Thank you for coming.

28:20

Thank you for being here.

28:25

Yeah, as a preliminary issue.

28:27

Uh the commissioners have in front of them the petition to intervene.

28:32

So at this time, regarding the basic form and the content of the petition itself.

28:40

Do you have any questions or concerns regarding the receipt of the petition?

28:52

If there are no questions on the open contact uh content share, we would entertain a motion to receive.

29:05

Any other comments, concerns?

29:07

If not, we'll take a roll call on this.

29:11

If we can have a roll calling part of the light.

29:14

Commissioner Cox.

29:15

I know this.

29:17

Commissioner Sukha.

29:18

I Commissioner Strayford.

29:20

Chair Acho.

29:23

So the petition of intervene has been received.

29:29

Next, we must determine whether the petitioners have standards.

29:34

For this application here.

29:45

The intervener parties must demonstrate how they might specifically suffer harm.

29:52

The commission approves the permits.

30:00

If they are here today, you may speak if they have specific information regarding the harm to their individual property.

30:14

Is that one the petitioners must show an injury or a threat of injury that is traceable to the facts and substance of this permit application?

Discussion Breakdown — Share of Meeting
Zoning Permits████████████████████████24%
Personnel Matters███████████████████████23%
Agricultural Leasing██████████10%
Wildfire Management█████████9%
Procedural██████6%
Water And Wastewater Management██████6%
Affordable Housing█████5%
Historic Preservation████4%
Public Engagement███3%
Summary of Proceedings

Kauai County Planning Commission Meeting – June 24, 2025

The Kauai County Planning Commission convened on June 24, 2025, beginning at 8:00 a.m. The meeting covered a wide range of agenda items including public hearings on land‑use permits, zoning map amendments for plantation camps, a new wildfire‑resiliency code, and several routine approvals. Commissioners heard public testimony on multiple items, deliberated at length on proposed workforce housing expansions, and took votes on all agenda items.

Public Comments & Testimony

  • Interveners in APuna Road hearing (Item G2): Approximately 10 neighbors of the proposed agricultural‑tour and event facility testified about standing, citing traffic safety, noise, property devaluation, emergency access issues, and cultural impacts. Several speakers identified themselves as property owners on Kapuna Road – including John Friedman, a deaf resident, Chris McMinn (who had prior wedding‑venue experience), Frank and Sheila Christmas, and Shaw. They argued that the 22.98‑acre project would harm the quiet agricultural‑residential character of the neighborhood and that the applicant had not conducted adequate traffic or cultural assessments.
  • Kauai Coffee Company (during Plantation Camp hearing): Alex Fossard (General Manager) and Wayne Katayama testified that the proposed 14.9‑acre expansion of the Numila plantation camp encroaches on active coffee fields (18,000 trees representing about $300,000 in annual revenue) and is adjacent to the milling building and wastewater treatment plant, creating safety risks. They requested removal of parcels T3H and T3NF from the zoning map and proposed a 50% agricultural‑worker occupancy requirement plus minimum buffer zones. They offered to work with the commission to relocate the expansion.

Discussion Items

  • Petition to Intervene (Item G2): The commission reviewed petition for intervention in the hearing for a Class IV zoning permit, use permit, and special permit at Apuna Road. After hearing testimony on standing (showing threat of injury from traffic, noise, safety), the commission voted unanimously to grant the petition and refer the matter to a contested‑case hearing officer.
  • Special Management Area Permits (SMAU 2025‑5, 2025‑6, 2025‑7):
    • SMAU 2025‑5: A 10‑lot subdivision in Makauwahi with guest house, pool, and shoreline access. Discussion on wastewater (shallow leach fields due to rock), gated access (open daylight hours), and three‑year completion timeline. Approved.
    • SMAU 2025‑6: Improvements to the Wailua Wastewater Treatment Plant – third phase including headworks, chlorination, force main slip‑lining, and ocean outfall diffusers. County wastewater management chief Donald Fujimoto and engineers Stephen Isaki and John Hagi answered questions on odor control, tsunami‑zone relocation studies, capacity, and service area (including Paloa). Permits approved.
    • SMAU 2025‑7: Resubmission of a previously approved single‑family dwelling in Poipu after SMA permit expired. Applicant Thomas Lambert confirmed design unchanged; three‑year time limit requested. Commission approved with an amended Condition 12 (adding “revise” to the reservation of rights).
  • Kōloa Ku Kini School Amendment: Amendment to existing permits to add two new classroom buildings and incorporate two additional parcels. School representatives noted enrollment growth from 70 to 164 students. Approved.
  • Puali Residential Time Extension: Request to extend completion deadline for the 75‑unit affordable multifamily portion (part of a 135‑unit development) due to arson delays. Applicant stated substantial reconstruction already done; needed two more years (until February 22, 2027). Approved.
  • Self‑Storage Facility (C4 2025‑11): Applicant removed Building B after earlier commission concern about visual impact along Kuhio Highway. Remaining three‑story building (Building A) set back 250 ft; height within 50‑ft limit. Landscaping to soften mass. Approved with conditions.
  • Plantation Camps and Wildfire Code (ZA 2025‑10, ZA 2025‑11, and related items): Staff presented a package of nine ordinances covering form‑based code for Numila and Kawanui camps, a “send‑zone” for coastal erosion retreat in Pakala, and a new wildfire‑resiliency code applicable to all plantation camps. Key elements:
    • Wildfire code requirements: metal roofs, ember‑resistant vents/screens, non‑combustible zone (0‑5 ft) with concrete, zone 1 (5‑30 ft) vegetation management, zone 2 (30‑100 ft) with canopy separation; annual workshop and cleanup. Construction requirements apply only to new buildings; maintenance requirements apply to existing camps with fire‑chief flexibility.
    • Extensive discussion centered on the 14.9‑acre expansion of Numila camp into land currently farmed by Kauai Coffee. Landowner BBCP offered to restrict development while Kauai Coffee’s lease is active. The commission approved ZA 2025‑10 (zoning map changes) with an added minimum 30% set‑aside for agricultural workers and a memorandum to the County Council recommending relocation or removal of the 14.9 acres from the expansion area.
    • Wildfire code (ZA 2025‑11) approved without additional testimony.
    • Related general‑plan and state land‑use amendments for the Pakala receive zone were also approved.

Key Outcomes

  • Petition to Intervene (Item G2): Motion to grant standing and refer to contested case passed 4‑0 (Commissioners Cox, Nales, Suka, Strayford; Chair Acho absent? The roll call shows Chair Acho voting Aye – so all five: Cox, Nales, Suka, Strayford, Chair Acho).
  • SMAU 2025‑5: Approved with motion for three‑year completion deadline; roll call 5‑0.
  • SMAU 2025‑6: Approved; voice vote unanimous.
  • SMAU 2025‑7 / C3 2025‑2: Approved with amended Condition 12; roll call 5‑0.
  • School Amendment: Approved; roll call 5‑0.
  • Puali Time Extension: Approved (amended condition to extend to February 22, 2027); roll call 5‑0.
  • Communication from Charter Commission: Received by motion; commission will consider proposing a charter amendment making subdivision approval ministerial.
  • Self‑Storage Facility: Approved; roll call 5‑0.
  • Zoning Amendment ZA 2025‑10 (Plantation Camp Maps): Approved for transmission to County Council with an amendment requiring a minimum of 30% of new dwelling units be offered first to agricultural workers on the subject parcel, and a memorandum recommending county council either relocate or delete the 14.9‑acre Numila expansion. Roll call 5‑0.
  • Zoning Amendment ZA 2025‑11 (Wildfire Code): Approved for transmission; roll call 5‑0.
  • General Plan Amendment GPA 2025‑2, State Land Use Amendment A‑2025‑2, and related map changes for Pakala: Approved for transmission; roll calls 5‑0 each.
  • Withdrawal of ZA 2025‑3, ‑5, ‑8: Received as withdrawn by communication from planning director.
  • Executive Session: Deferred to August meeting.

Meeting Transcript

Um sorry with that first order of businesses vocal. Commissioner Cox. Here. Uh Chair DeGrass is absolutely well. Chair Paul. We have a call, Mr. Chair. Next will be the approval of the agenda. Um recommending that we move all of the associated with the respect to agents here. Any concerns, comments? No. I think ten minutes, sure. So the commission a number of testimonies after the post of the agenda which are not allowed to be transmitted to them until this meeting. Recording the most important. Next on the agenda item is bringing to no subdivision this morning, so we'll go to the item G sharing the public comment. No potentially hearing so we're in the hearing section. The first agency hearing has a petition of intervention, so I'll be turning over to attorney to clerk this meeting and stuff down to start out. Good morning, everyone. We are on item G2 new agency hearing class four zoning permitted for 2025. Twelve use permit U 2025 eight. Can you speak up? We can't hear you. Yes, are you hearing? Are you able to hear me? The microphone is on. Is that good? Yeah, we can be loud. Okay. And special permit SP 2025 to conduct agricultural tours and special events, construct a pavilion and operate an agricultural retail shop on a parcel situated at the terminus of Apuna Road in Waipake, situated at the left side of the field highway, approximately three-quarter mile of the Kapunga Road Pujel Highway intersection, further identified as tax map key four five one oh oh two oh one oh unit five, affecting an area approximately twenty-two point nine eight two acres of a larger parcel. Carol Cassidy Orr, Kalawa Lanch Tours, director's report received six ten twenty twenty-five. Number one, director's report pertaining to this matter. Number two, transmittal of public testimony to Plan Commission. Number three, supplement number one to the director's report pertaining to this matter. And number four, petition for intervention. First order of business will be public testimony. If you are one of the twenty-four interveners who is a member of Kuhi Apunamalka, you will uh be welcome to speak at the time that your petition is presented on the issue of standing and not in the time of public testimony. Is there anyone else in the room who is a member of the public and not one of the interveners who would like to testify at this time? Hearing none, I will ask the chair to proceed. Thank you for coming. Thank you for being here. Yeah, as a preliminary issue. Uh the commissioners have in front of them the petition to intervene. So at this time, regarding the basic form and the content of the petition itself. Do you have any questions or concerns regarding the receipt of the petition? If there are no questions on the open contact uh content share, we would entertain a motion to receive. Any other comments, concerns? If not, we'll take a roll call on this. If we can have a roll calling part of the light. Commissioner Cox. I know this.

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