Kauai County Planning Commission Meeting - August 12, 2025

The Kauai County Planning Commission met on August 12, 2025, to address several agenda items, including subdivision approvals, time extensions for permits, appeals of planning director decisions, and a presentation from the State Department of Transportation Highways Division. The meeting also featured public testimony regarding resort access issues and discussions on long-term transportation planning.

Consent Calendar

• Approval of the minutes from June 10, 2025, and June 24, 2025, was moved and seconded, passing unanimously by voice vote.
• The Subdivision Committee report, covering the morning's review of two applications from Hokuala (subdivisions of 10 lots to 16 and 2 lots to 15), was approved by voice vote.

Public Comments & Testimony

• Tommy Noyes, Executive Director of Hawaii PAP Inc., testified about incomplete public access at the Hokuala resort. He stated that the walkway between the makai end of the Kalakiki Circle and the passive park is partially built but incomplete, and that during a site visit he was challenged by resort personnel. He also noted that the planning commission had been previously informed of this issue on September 10, 2024. He expressed interest in collaborating on the implementation of the Ke Ala Hele Makalai shared-use path.

Discussion Items

• Subdivision Application S-2026-1 (Overall Reserve Subdivision One): The proposal involved consolidation and resubdivision into 15 residential lots and one road lot within the county residential (R-4) zoning district. The planning department recommended preliminary subdivision approval. The applicant, Gary Syracuse of Charter Construction Hokuala, clarified that upon full buildout, the development would total approximately 772 units, with 137 completed, 24 subdivision lots complete, and a 210-key hotel under construction. The project is anticipated to be completed in three to five years, market-dependent. The motion for preliminary subdivision map approval passed by roll call, with all commissioners voting aye.
• Subdivision Application S-2026-2 (Overall Reserve Subdivision One A): The proposal established 13 residential lots and 2 remnant lots within the resort and resort/residential zoning district. The planning department recommended preliminary subdivision map approval. Commissioner Suka confirmed that the portion being subdivided is entirely within the residential R-4 district, not the open district. The motion to approve passed by roll call with all commissioners voting aye.
• Time Extension for Class 4 Zoning Permit C4-2024-6 (Old Koloa Town): The applicant, represented by Max Graham, requested a deferral from October 2025 to the December 2025 meeting to allow more time for addressing state historic preservation division comments. The motion to defer passed by voice vote, with an understanding that time line waivers would be updated as necessary.
• Status Report for Hokuala Resort (Consent Calendar Item H1): Following public testimony on incomplete public access, the planning department noted that an enforcement investigation had been initiated and determined that the property owner was in compliance with conditions requiring public access to the coastal comfort station, but not to the golf cart path. The commission discussed the possibility of requesting a formal presentation on the department's findings.
• Appeal of Notice of Violation (CC-2025-1, Kalalaya Trust): Deputy County Attorney Chris Doughall recommended adopting the hearing officer's recommendation to dismiss the contested case due to the petitioner's failure to prosecute. The motion to adopt the hearing officer's order carried by roll call (all ayes).
• Appeal of Notice of Violation (CC-2025-6, Richard and Holly Shaw): The department requested a deferral to September 9, 2025, to investigate new information. The motion to defer passed by roll call (all ayes).
• Appeal of Planning Director's Action on Subdivision S-2023-1 (Kuku Yula Development LLC): The department had no objection to the form of appeal and recommended referral to contested case CC-2025-7. The motion to refer passed by roll call (all ayes).
• Amendment to Special Management Area Use Permit SMAU 2023-12 (Three-Story Residence): The applicant sought a time extension to August 31, 2028, due to procedural delays from a new permitting system and financing issues. The planning department recommended approval with an amendment to condition 11, requiring substantial progress by August 31, 2028. The motion to approve the extension, as amended, passed by roll call (all ayes).
• Amendment to Class 4 Zoning Permit C4-1988-1 (Grand Hyatt Kauai Resort): The proposal involved expanding 26 ground floor lanai at the existing Grand Hyatt Kauai Resort. The planning department introduced four new conditions (33-36) regarding archaeological discoveries, local hiring, sustainable building techniques, and SHPD approval. Condition 36 was amended for clarity: "Prior to the installation of BMPs, dust fences, or any ground disturbing activity, the applicant must receive approval from DLNR SHPD." The applicant's representative, contacted by phone, consented to the conditions. The motion to approve with the added conditions passed by roll call (all ayes).

Presentation: State Department of Transportation Highways Division

• Ken and Eric presented on the division's operations, funding, and planning. They noted that the state highway system comprises 2,500 miles (30% of all roads) but carries 60% of traffic volume. On Kauai, 42% of principal arterials are at Level of Service F, projected to grow to 69% by 2045 if no action is taken. Two capacity improvement projects are prioritized: from Puhe to the Tree Tunnel (est. $150 million) and from Hanamaulu to the Wailoa River. A public scoping meeting was scheduled for August 26, 2025, at KCC from 5:30-7:00 PM. Commissioners and the public raised questions about funding distribution, long-term relocation of Kuhio Highway due to sea level rise, the impact of the Nawahine settlement (requiring greenhouse gas reductions), and the effectiveness of roundabouts versus other intersection improvements.

Key Outcomes

• Subdivision S-2026-1: Preliminary subdivision map approval granted (roll call: all ayes).
• Subdivision S-2026-2: Preliminary subdivision map approval granted (roll call: all ayes).
• Time Extension C4-2024-6: Deferred to December 2025 meeting (voice vote).
• Contested Case CC-2025-1 (Kalalaya Trust): Dismissed; hearing officer's recommendation adopted (roll call: all ayes).
• Appeal CC-2025-6 (Shaw): Deferred to September 9, 2025 (roll call: all ayes).
• Appeal S-2023-1 (Kuku Yula): Referred to contested case CC-2025-7 (roll call: all ayes).
• SMAU 2023-12 Extension: Approved to August 31, 2028, with amended condition 11 (roll call: all ayes).
• C4-1988-1 Amendment (Grand Hyatt): Approved with new conditions 33-36 (as amended) (roll call: all ayes).
• Public Access Issue at Hokuala: The planning department will provide a formal presentation on its enforcement findings at a future meeting.
• Next Meeting: Scheduled for September 9, 2025, with agenda items including a wastewater control update and setback ordinance proposal for VHD land development.