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Record of Proceedings

Kaua‘i County Planning Commission Meeting - September 23, 2025

County Council & CommitteesTuesday, September 23, 2025
BodyKauai County, Hawaii
SessionCounty Council & Committees
DateTuesday, September 23, 2025
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
0:00

To the restructure of a farm growing unit and so we decided to see because that reason subject for them for the standard five two that's a four zero eight.

0:13

Uh we don't have any number of public side to testify to agenda island or the any members of the public present who would like to testify as agenda island.

0:22

If so, you can folks call out the microphone.

0:25

Seeing none of the public closing agency right.

0:30

I move the close agency hearing.

0:32

Second if commissioners order on the floor is to close agency hearing for this agenda item, any discussion.

0:44

I vote hearing out motion characters.

0:47

I don't know, so already is a staff partner for the department's report on this item.

0:52

I want to commissioners of this item before use the request from the applicant Caroline Neil for a cross-core zoning permit, use permit and a special management error permit.

1:04

The proposal is to build a three-bedroom 3,364 square foot farm buddy with a garage, detached dress house and an agricultural building open here exercise building.

1:18

And assuming we'll want to be five point one in your parcel in a secret reputation subdivision at Kilo Bay.

1:26

The property is so open in a special treatment resource and lies in the state agricultural land use district with a general plan designation of natural.

1:36

The parcel is more than 550 feet inland from the shoreline outside of any insurance at that and located in the most flood so in X.

1:46

Sound at risk of flooding or post-free movement.

1:50

The proposed improvements will cover about 8.6% of the parcel, which is within the 10% of coverage limit.

1:58

Set that's height and parking requirements are met.

2:16

So that's pretty much my summary on the question for myself or the other commissioners.

2:24

Any questions for the department?

2:32

Yes.

3:42

Commissioner, is any further questions for the department?

3:47

Just to confirm the correct set graph is from 1982.

3:54

Yes, that is correct.

3:56

Um, but it was updated and approved in 1983.

4:00

Yes.

4:04

It's reflected with C T B use Commissioner because it's included in a map.

4:09

It's reflected in map how it underlaw is the current setback.

4:15

Because I was looking at the previous house design is higher up.

4:18

I don't want to get it now.

4:21

There's been a legal case since then speed that might be a set.

4:28

I think we should best refer to supplemental number one to let this report as the conditions that are asked.

4:45

Okay, commissioners, any further questions?

4:50

I have no question, but I would comment.

4:52

I mean, I don't know when the shoulder ends that we have three calls and cost correctly all swimming pool.

5:00

I don't I mean we still call in this way the end, but I realize that no easy solution.

5:12

As a farmer out of time, I'm not sure.

5:18

Thank you for your comments.

5:20

No further questions for the department, I'd like to invite the applicant or applicant's representative up for provide further information and be available for questions.

5:45

Good morning, commissioners and all this is the attorney for the applicants and the order.

5:53

Carolyn Carolyn Neal and J.

5:58

Or here to answer any questions that you might have.

6:11

Thank you.

6:28

Okay.

6:28

Commissioners, any questions for that?

6:41

Is this uh expected to be a level one person?

6:47

And the time on highway.

6:54

Yeah, it's all it's on me at the moment.

6:56

Um but maybe one day if I need help, then yeah, possibly.

7:25

Um, I don't have any projected revenues.

7:29

Um I just uh have a passion for farming and feeding people, and um that's just what I would like to do.

7:51

And I don't know whether this is for the department or former applicants, so what's the difference between a farm dwelling versus a residence?

8:02

Um they serve the same function in that it provides a habitable space for a personal living on agricultural lands is required that it'd be a farm dwelling and that the single family residents be associated with a farm.

8:20

And so a farm rowing agreement is signed between an agricultural landowner and a department saying that the agricultural landowners want to farm the property now state under state law, a farm can be anything from a very large bona five complex generating thousands of dollars of revenue all the way down to a bare minimum of just a handful of trees.

8:49

Um and so the informal farm growing agreement is very low on the basis that under state law a farm could be just a handful of trees.

9:02

Is there any requirement for income to come from this agricultural not for the farm bowling?

9:19

So it's the so the reason it's called a farm going is on agricultural.

9:24

So if you have a private residence, it's not an agricultural land and you have a bunch of trees.

9:30

It's not a farm well.

9:33

No, the farm farm growing is something.

9:35

Does it have to be something that you can eat?

9:38

Or just any trees.

Discussion Breakdown — Share of Meeting
Zoning Permits██████████████████████████████████34%
Pending Litigation█████████████13%
Technology and Innovation█████████████13%
Engineering And Infrastructure████████████12%
Agricultural Leasing███████7%
Transportation Safety███████7%
Procedural████4%
Affordable Housing██2%
Special Management Area1%
Summary of Proceedings

Kaua‘i County Planning Commission Meeting - September 23, 2025

The Planning Commission met on September 23, 2025, at 9:00 a.m. in Līhu‘e, Hawai‘i, to consider four agency hearings, an appeal, and unfinished business. The meeting included public testimony, discussion on farm dwellings, mixed-use development, an office work center variance, and a telecommunications facility. The Commission approved three projects, referred one matter to a hearings officer, and accepted withdrawals of an appeal and a permit application.

Public Comments & Testimony

  • On the South Rice LLC mixed-use project (Z-IV-2026-4), Avery Young, a former Kaua‘i architect, testified in support of the project but requested that bicycle parking requirements be considered to offset the parking shortfall, and expressed caution about applying street frontage design standards in the industrial area given traffic speeds.

Discussion Items

  • Caroline Neal – Farm Dwelling Unit (SMA(U)-2026-2, Z-IV-2026-3, U-2026-2): The proposal for a 3,364 sq. ft. farm dwelling, garage, guest house, and agricultural building on a 5.11-acre lot in Kilauea was discussed. Commissioners questioned the definition of a farm dwelling and the lack of a revenue threshold for farm activity. The applicant described plans to plant fruit trees and vegetables for community benefit. The Commission also noted a discrepancy between the original 1982 setback and a subsequent 1983 update, but relied on the supplemental report conditions.
  • South Rice LLC – Mixed-Use Project (Z-IV-2026-4, U-2026-3): The project proposes a two-story building with retail, restaurant, and nine residential units on Rice Street in Līhu‘e. Discussion centered on a parking deficit of one space and the department’s recommendation (Condition 17) to require a street-frontage design (street liner building). The applicant cited financial constraints and requested approval without Condition 17. A public testimony supported the project but suggested bicycle parking. The Commission debated amending Condition 17 to instead require the applicant to consider design standards from the Līhu‘e Town Core Urban Design Plan, which the applicant accepted.
  • State DLNR/DAR – Office Work Center & Variance (Z-IV-2026-5, U-2026-4, V-2026-1): This item involved a petition to intervene filed by neighboring property owners (Dawn Hoang, Nick Huynh, Monica C. Evslin Trust). The Commission first determined the petition was sufficient in form and content. They then found the petitioners had standing due to imminent visual and wind-flow impacts from the proposed office trailers placed adjacent to their properties. The Commission voted to refer the matter to a hearings officer as a contested case (CC-2025-??). DLNR/DAR staff opposed the intervention, stating they had spent five years seeking a suitable location.
  • Space Exploration Technologies Corp (SpaceX/Starlink) – Telecommunications Facility (Z-IV-2026-6, U-2026-5, SP-2026-1): The proposal includes 32 antenna spheres, a gravel compound, and utility poles on a 2.6-acre portion of a 6,080+ acre parcel in Kapaia. Discussion covered FAA notification requirements, glare, and landscaping. The applicant explained that the low-profile antennas (8 ft 2 in) are non-reflective and that the facility provides redundant internet access for emergency resilience. The department revised conditions to require evaluation of FAA Form 7460-1 and non-reflective materials. The Commission approved with those conditions.
  • Appeal of Planning Director’s Decision – Richard and Holly Schunk (TVR violation): The appeal of a $10,000 fine for an unpermitted transient vacation rental was withdrawn by the appellants. The Commission received the withdrawal and the disposition notice showing remedial action completed.
  • Keala Ranch Tours – Withdrawal of Permits (Z-IV-2025-12, U-2025-8, SP-2025-5): The applicant withdrew applications for agricultural tours, a pavilion, and a retail shop. The Commission received the withdrawal letter.

Key Outcomes

  • Caroline Neal Farm Dwelling: Approved (motion carried unanimously) for Class IV Zoning Permit Z-IV-2026-3, Use Permit U-2026-2, and Special Management Area Use Permit SMA(U)-2026-2, subject to conditions in the Director’s Report and Supplemental 1.
  • South Rice LLC Mixed-Use: Approved as amended: Condition 17 revised to require the applicant to consider design standards from the Līhu‘e Town Core Urban Design Plan, removing the hard requirement for a street liner building. Motion carried unanimously.
  • DLNR/DAR Office Work Center: The petition to intervene was found sufficient and standing granted; the matter was referred to a hearings officer for a contested case hearing (case number not stated).
  • SpaceX/Starlink Telecommunications Facility: Approved (motion carried unanimously) for Class IV Zoning Permit Z-IV-2026-6, Use Permit U-2026-5, and Special Permit SP-2026-1, with conditions including submission of FAA Form 7460-1 if required, non-reflective materials, and acceptance of landscape plan (existing tree buffers).
  • Schunk Appeal: Withdrawn and received; violation resolved.
  • Keala Ranch Tours: Permit applications withdrawn and received.

The next regular meeting was announced for November 10, 2025 (note: November 10 is a Monday; the agenda noted October 14, 2025, but the transcript stated November 10 due to a schedule change). The Commission adjourned.

Meeting Transcript

To the restructure of a farm growing unit and so we decided to see because that reason subject for them for the standard five two that's a four zero eight. Uh we don't have any number of public side to testify to agenda island or the any members of the public present who would like to testify as agenda island. If so, you can folks call out the microphone. Seeing none of the public closing agency right. I move the close agency hearing. Second if commissioners order on the floor is to close agency hearing for this agenda item, any discussion. I vote hearing out motion characters. I don't know, so already is a staff partner for the department's report on this item. I want to commissioners of this item before use the request from the applicant Caroline Neil for a cross-core zoning permit, use permit and a special management error permit. The proposal is to build a three-bedroom 3,364 square foot farm buddy with a garage, detached dress house and an agricultural building open here exercise building. And assuming we'll want to be five point one in your parcel in a secret reputation subdivision at Kilo Bay. The property is so open in a special treatment resource and lies in the state agricultural land use district with a general plan designation of natural. The parcel is more than 550 feet inland from the shoreline outside of any insurance at that and located in the most flood so in X. Sound at risk of flooding or post-free movement. The proposed improvements will cover about 8.6% of the parcel, which is within the 10% of coverage limit. Set that's height and parking requirements are met. So that's pretty much my summary on the question for myself or the other commissioners. Any questions for the department? Yes. Commissioner, is any further questions for the department? Just to confirm the correct set graph is from 1982. Yes, that is correct. Um, but it was updated and approved in 1983. Yes. It's reflected with C T B use Commissioner because it's included in a map. It's reflected in map how it underlaw is the current setback. Because I was looking at the previous house design is higher up. I don't want to get it now. There's been a legal case since then speed that might be a set. I think we should best refer to supplemental number one to let this report as the conditions that are asked. Okay, commissioners, any further questions? I have no question, but I would comment. I mean, I don't know when the shoulder ends that we have three calls and cost correctly all swimming pool. I don't I mean we still call in this way the end, but I realize that no easy solution. As a farmer out of time, I'm not sure. Thank you for your comments. No further questions for the department, I'd like to invite the applicant or applicant's representative up for provide further information and be available for questions. Good morning, commissioners and all this is the attorney for the applicants and the order. Carolyn Carolyn Neal and J. Or here to answer any questions that you might have. Thank you. Okay. Commissioners, any questions for that? Is this uh expected to be a level one person? And the time on highway. Yeah, it's all it's on me at the moment. Um but maybe one day if I need help, then yeah, possibly. Um, I don't have any projected revenues. Um I just uh have a passion for farming and feeding people, and um that's just what I would like to do. And I don't know whether this is for the department or former applicants, so what's the difference between a farm dwelling versus a residence?

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