OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Kauai County Subdivision Committee and Planning Commission Meeting - March 10, 2026

County Council & CommitteesTuesday, March 10, 2026
BodyKauai County, Hawaii
SessionCounty Council & Committees
DateTuesday, March 10, 2026
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
2:27

On March 10th, this is a subdivision committee meeting.

2:32

We have a call to order.

2:33

Uh roll call, please.

2:34

Roll call, madam chair.

2:38

Commissioner Cox.

2:40

Aye.

2:41

Commissioner Giovanni.

2:42

I Chair Stroyford.

2:45

I you have quorum, Madam Chair.

2:48

Next up is the approval of the agenda.

2:49

The department doesn't have any recommended changes to the agenda.

2:53

Could I have a motion to I think this is a feedback?

2:59

Um do we have a motion to accept the agenda as as written?

3:04

I move.

3:06

Second.

3:06

It's been moved and seconded.

3:08

Any discussion?

3:09

All those in favor, aye.

3:11

Aye.

3:12

All right.

3:13

Okay.

3:14

Agenda has been approved.

3:16

Next we have minutes for the February twenty-fourth, twenty twenty-six subdivision committee meeting.

3:25

Is there any discussion on this?

3:27

I move, we accept the minutes.

3:30

I will absolutely say I still move.

3:33

If you've read that, yes.

3:36

It's been moved and seconded that we accept the minutes of the meeting of the subdivision committee of February twenty-fourth, twenty twenty-six.

3:42

All those in favor?

3:44

Aye.

3:44

All right.

3:46

It's been accepted.

3:49

We have no additional receipt of items for record, no unfinished business, moving on to agenda item G one, preliminary subdivision map approval subdivision application number S dash twenty twenty-six dash eight.

3:58

Tony T.

3:59

Brune and Titus D.

4:00

K.

4:01

Brown applicants proposed six lot subdivision TMK two-three dash zero zero four zero one.

4:07

Located in Collar Hill, Kawhi.

4:10

Uh, we don't have any members of the public sign up to testify.

4:25

Um the proposal establishes five residential lots and one road away lot within the residential R4 zone district and involves a total area of approximately one point six one seven acres.

4:37

Um the uh the parcel is presently developed with two single family dwelling units and warehouse structure.

4:44

This first single family dwelling constructed in nineteen eleven will be located on proposed lot one oh one eight one.

4:50

The second single family dwelling built in two thousand and twelve will be situated on proposed lot one eight four.

4:55

And the warehouse structure will be located on proposed lot one hundred one eight two.

5:00

lot within the residential R4 zoning district and involves a total area of approximately 1.617 acres um the uh the parcel is presently developed with two single family dwelling units and the warehouse structure the first single family dwelling constructed in 1911 will be located on proposed lot 101 the second single family dwelling built in 2012 will be situated on proposed lot 10184 and the warehouse structure will be located on proposed lot 10182 chair we have received agency comments from the county department of public works engineering division the county department of public works wastewater division comments are still pending from the county of kawaii water department the county of kawaii fire department the state department of health and the state historic preservation division uh the planning department is recommending preliminary subdivision map approval are there any questions for the planner I have one question then uh there's a uh there are two structures on this plus a warehouse and it says one structure is going to be relocated is that correct um no the structures will be will remain in place and will be situated on each respective lot and uh did the um fire department come back with anything about the emergency vehicle access no we haven't received preliminary comments um but prior because this rule because this subdivision um requires uh infrastructure improvements the fire department will be contacted prior to construction plan approval um just a comment um the uh requirements of the county department of public works about the intersection um i just uh I'm I was pleased actually to see that it's going to be looked at more closely because that is a very narrow road with a lot of curves so I think that intersection is going to be really important to uh ensure the site distance is appropriate is there is an altitude here good morning commission uh my name is Marina dismendez from Isaac surveying here on behalf of the owners we would respectfully request the preliminary approval um and the owners are willing to work with the county and public work department for the conditions they received so far and whatever conditions come after are there any questions for the applicant are we ready for your recommendation for the planner's recommendation so the uh the planning department is recommending preliminary approval for this application can we have a motion i move we approve uh application number s 2026 dash eight it's been moved and seconded that we approve uh subdivision report application number s dash 2026 dash eight any discussions if not we'd have a roll call please roll call madam chair commissioner cox aye commissioner giovanits chair strike for aye motion process chair thank you thank you next on agenda subdivision application number s 2026-9 visionary LLC a proposed two lot subdivision TMK 3-7-002021 on a we don't have any members of the public stand up to testify on this agenda item are there any members of the public that would like to speak on this item seeing none at part back of the county uh the proposal subdivise lot four of the Ahukinimakai subdivision into two lots the primary intent of the subdivision is to carve out approximately 5.918 acres of lot four consisting of a detention basin which will remain under the ownership of visionary LLC the total area involved is approximately 14.671 acres situated within the general industrial zoning district and the state land use urban district the subject property is part of the larger development associated with the Aokini Makai subdivision where construction is actively underway to complete the required subdivision improvements I'm chair we have received agency comments from the county department of public works engineering division the county department of public works wastewater division it is uh and the state department of transportation highways division uh comments are still pending from the county of kawaii department of water county of kawaii fire department the state department of health and the state historic preservation division the planning department is recommending preliminary subdivision map approval just a question how long does it normally take to get shifty approval or recommendations it varies I think it's depending on the development let's see any questions for the planner will the applicant like to step forward

10:03

It varies.

10:04

I think it's depending on the development.

10:07

Let's see.

10:13

Any questions for the planner?

10:18

Would the applicant like to step forward?

10:29

Good morning.

10:30

Stephen Ackman.

10:39

Better?

10:40

Yes.

10:40

All right.

10:41

Sorry.

10:41

Steve Bagman from BHD Land Development LLC.

10:44

We are the applicant.

10:46

We have reviewed the conditions of approval on the that were sent to us by staff.

10:51

We accept those and request your approval of our tenant subdivision.

Discussion Breakdown — Share of Meeting
Procedural████████████████████████████████████████████44%
Affordable Housing█████████9%
Historic Preservation███████7%
Energy███████7%
Agricultural Leasing██████6%
Public Safety██████6%
Engineering And Infrastructure████4%
Technology and Innovation███3%
Energy and Sustainability███3%
Summary of Proceedings

Kauai County Subdivision Committee and Planning Commission Meeting – March 10, 2026

The meeting combined the Subdivision Committee (morning) and the Planning Commission (late morning). The Subdivision Committee approved two preliminary subdivision plats, one final plat, and five preliminary plat extension requests. The Planning Commission approved a major solar utility facility with battery storage, amended permits for a mixed-use development in Kapaa, and deferred two zoning amendments related to definitions of family and dormitory uses. One member of the public testified on the solar facility; no other public testimony was offered on other agenda items.

Subdivision Committee Actions

Preliminary Subdivision Map Approvals

  • S‑2026‑8 (Brune & Brown applicants): A six‑lot subdivision (five residential lots plus one road‑way lot) on 1.617 acres in the R‑4 zone at Collar Hill, Koloa. Two existing residences and a warehouse are retained. Planning Department recommended approval. No public testimony. Motion to approve carried unanimously (Commissioners Cox, Giovanni, Chair Strayford).
  • S‑2026‑9 (Visionary LLC): A two‑lot subdivision of Lot 4 of the Ahukinimakai subdivision to carve out a detention basin, totaling 14.671 acres in the General Industrial zone. Pending agency comments from water, fire, health, and historic preservation. The applicant (Steve Bagman of BHD Land Development) requested approval. Motion to approve carried unanimously.

Preliminary Plat Extension Requests

The Subdivision Committee approved five extension requests to file final maps beyond the one‑year deadline, citing the time needed to satisfy infrastructure conditions. Each extension was recommended by the Planning Department and supported by the applicants:

  • S‑2019‑8 (Stephanie Fernandez): Seventh extension to January 22, 2027 for a five‑lot subdivision in Wailua Homesteads; resolution of flood study and water requirements ongoing.
  • S‑2024‑4 (Various Trusts): Second extension to January 9, 2027 for a two‑lot consolidation and resubdivision into four lots in Wailua Homesteads; satisfaction of housing agency and water conditions in progress.
  • S‑2024‑5 (Thomas & Elisa Thompson): Second extension to March 12, 2027 for a two‑lot subdivision on 33,500 sq ft in Kīkaha (R‑10 zone); addressing boundary encroachment and map updates.
  • S‑2024‑6 (Kōloa Parcel H, BBC PC, MPQEH Development Fund): Second extension to January 9, 2027 for a consolidation/resubdivision creating 47 lots, one roadway lot, and remnant parcels; construction plans awaiting public works sign‑off.
  • S‑2024‑9 (Boundary Adjustment): First extension to January 14, 2027 for a two‑lot boundary adjustment between an Ag/Open parcel and an R‑4 parcel; clarifying road‑reserve requirements.

All five motions were approved unanimously.

Final Subdivision Map Approval

  • S‑2024‑1 (Yukimura Trusts): Final approval of a four‑lot subdivision. Applicant Max Graham reported that a historic dwelling was removed (not demolished) from the property. Motion to approve carried unanimously.

Planning Commission Actions

Solar Utility Facility (Z‑4‑2026‑12, U‑2026‑9, SP‑2026‑4)

  • Proponent: Kāʻawanui Solar LLC (subsidiary of AES Hawaii).
  • Project: Construction and operation of a 43 MW solar photovoltaic facility with 172 MWh battery energy storage on approximately 269 acres of pastureland (former sugar cane) in Makaweli (TMK 1‑7‑006:06 and 010). The site is zoned Agriculture and Open, with state land‑use classification of Agricultural. Because the soils are Class V and C and the project occupies more than 20 acres, a Use Permit and Special Permit are required.
  • Public Testimony: Ed Nakaya (lifelong Kauaʻi resident, retired KIUC employee) testified in full support, citing cultural connection to the area, the project’s role in reducing fossil‑fuel dependence, and educational/workforce opportunities.
  • Applicant Presentation: Megan Kane (Senior Development Manager, AES Hawaii) presented a comprehensive overview: the project would supply about one‑fifth of Kauaʻi’s power (equivalent to 16,000 homes annually), offset 179 million gallons of fuel over 25 years, create local construction and operational jobs, and include a compatible agricultural plan (sheep grazing, poultry, vegetables) in partnership with the Robinson family (Kāʻawanui program). Safety features include per‑module fire‑suppression foam for batteries, non‑vegetative fire breaks, dual access points, and 24/7 remote monitoring. Decommissioning is required at end of useful life (35 years).
  • Utility & Landowner Support: Cameron Cruz (Engineering & Technology Manager, KIUC) confirmed the project is critical for KIUC’s goal of 100% renewable by 2033, noting $363 million in projected fuel savings and $4‑20/month member rate savings. Howard Green (VP, Gay & Robinson) highlighted the income stability the project provides for continued agriculture and workforce housing on the west side.
  • Commissioner Discussion: Questions addressed battery fire mitigation, decommissioning/disposal of panels and batteries, underground connection lines, visual impacts (landscaping, lower‑profile racking), evacuation routes for nearby housing, and compatibility with agricultural lands. Commissioner Otsuka urged KIUC to consider preferential rates for farmers as an impact fee. Commissioner Strayford raised concerns about evacuation access for the adjacent camp; the applicant noted road improvements would benefit residents.
  • Conditions: The Planning Department recommended approval with conditions addressing cultural resources, native plant relocation, decommissioning timeline, fire safety, and distinction of the KIUC switchyard (which is a permitted use and not subject to the Special Permit). Applicant‑proposed amendments (changing “recommended” to “shall” for inadvertent discovery protocols and adding “replace or relocate” for indigenous plant species) were accepted. Condition 8 requires commercial operations within four years of state Land Use Commission approval; the Special Permit runs 35 years from operations start.
  • Vote: Motion to approve Use Permit U‑2026‑9, Class 4 Zoning Permit Z‑4‑2026‑12, and recommend Special Permit SP‑2026‑4 to the state Land Use Commission (with amendments as read). Roll call: all ayes (Commissioners Cox, Strayford, Ju, Otsuka, Nales; Commissioner Giovanni recused). Motion carried.

Amendment to SMA Use Permit, Class 4 Zoning, Use Permit, and Variance (SMAU‑92‑5, Z‑4‑92‑22, U‑92‑23, V‑92‑6)

  • Applicant: Kauaʻi Federal Credit Union.
  • Project: Renovate the former Otsuka building in Kapaa Town to a mixed‑use facility (bank, community event space, restaurant/café, retail/tenant spaces). The residential component (five apartments) was removed from this application. The building straddles General Commercial and Open zones. Variance is needed for parking (34 proposed vs. code‑required ~65‑80 stalls) because of site constraints and alternative transportation (bike path, bus stop).
  • Public Testimony: None.
  • Staff Summary: The improvements are largely interior; exterior changes are minimal (reconfigured loading dock, upgraded entries). The property is within flood zone X/AE and tsunami evacuation zone, but the certified shoreline is 60 ft away and the work is an additional 25‑36 ft inland. No new ground disturbance.
  • Applicant Comment: Ian Jung (attorney) explained the adaptive‑reuse concept and noted the property’s history as a community hub. He requested that Condition 19 (substantial progress deadline) be extended from two years to four years to allow phased tenant build‑out. The Planning Department supported the change.
  • Commissioner Discussion: Commissioners supported the project, noting the benefit of a community meeting space and the site’s accessibility. Commissioner Otsuka inquired about food trucks on neighboring parcels (they are separate, unaffected). Commissioner Nales noted his use of the bike path.
  • Vote: Motion to approve the amended permits with Condition 19 changed to four years. Roll call: all ayes (Commissioners Cox, Giovanni, Nales, Otsuka, Strayford). Motion carried.

Zoning Amendments (Deferred)

ZA‑2026‑3: Definitions of “Family” and “Dwelling Unit”

  • Sponsor: Kauaʻi County Council.
  • Purpose: To cap the number of unrelated individuals in a single housekeeping unit at ten (currently no limit), thereby preventing large‑scale employee housing in single‑family neighborhoods.
  • Presentation & Discussion: Councilmember Cowden (sponsor) presented the need, citing a 36‑bedroom container‑constructed house in Princeville. She argued that the current definition erodes residential character and that the bill’s purpose is to protect neighborhoods while allowing employer‑provided housing (through the companion dormitory bill). Commissioners raised concerns about enforcement, privacy, selective application, and the wide range of housing situations (farm worker housing, transitional housing). The Planning Department recommended deferral to May 2026 for further study and stakeholder input.
  • Vote: Motion to defer to May 2026 Planning Commission meeting. Roll call: all ayes. Carried.

ZA‑2026‑4: Employee Dormitory and Group Housing Dormitory Definitions

  • Sponsor: Kauaʻi County Council.
  • Purpose: To introduce new use definitions and permit standards for employee dormitories and group housing dormitories, allowing them by conditional permit mainly in commercial zones, while requiring a plan for security, waste management, parking, tenant agreements, and infrastructure.
  • Discussion: Similar concerns raised about implementation, lack of community‑plan policy support, and potential for unintended consequences. Councilmember Cowden acknowledged the department’s concerns and appreciated the deferral to allow more collaboration.
  • Vote: Motion to defer to May 2026. Roll call: all ayes. Carried.

General Business: Coco Palms Annual Status Report

  • A report for special management area use permit SMAU‑2015‑6, class 4 zoning Z‑4‑2015‑8, project development use permit PDU‑2015‑7, and variance V‑2015‑1 for the RP21 Coco Palms LLC project was received. Attorney Trask reported that the project is in litigation (trial set for May 2026) and construction has halted by the developer’s choice while the legal matter proceeds. Commissioners expressed particular concern about a dilapidated wood‑frame building adjacent to Kūhiō Highway, urging that a structural integrity report be submitted. The motion to receive the report was approved.

Consent Calendar (Planning Commission)

  • The consent calendar (agenda item I) was moved to general business (item H); no separate consent calendar was considered.

Public Comments & Testimony

  • Solar Facility: Ed Nakaya (lifetime resident, retired KIUC) testified in strong support, emphasizing cultural connections, energy independence, and workforce benefits.
  • Other Items: No members of the public signed up to testify on any other agenda item.

Key Outcomes

  • The Subdivision Committee approved two preliminary plats, one final plat, and five extension requests (all votes unanimous).
  • The Planning Commission approved the 43 MW Kāʻawanui Solar facility with battery storage, including a Use Permit, Class 4 Zoning Permit, and a recommendation for a State Special Permit, subject to 24 conditions (as amended). Vote: 5‑0‑1 (Giovanni recused).
  • The Commission approved amendments to existing permits (SMA use, zoning, variance) for the Kauaʻi Federal Credit Union building in Kapaa, extending the substantial‑progress timeline to four years. Vote: unanimous.
  • The Commission deferred both zoning amendments (ZA‑2026‑3 and ZA‑2026‑4) to the May 2026 meeting for further refinement.
  • The Commission received the 2025 annual status report for the Coco Palms project; questions about building safety were noted and forwarded to the applicant.

Meeting Transcript

On March 10th, this is a subdivision committee meeting. We have a call to order. Uh roll call, please. Roll call, madam chair. Commissioner Cox. Aye. Commissioner Giovanni. I Chair Stroyford. I you have quorum, Madam Chair. Next up is the approval of the agenda. The department doesn't have any recommended changes to the agenda. Could I have a motion to I think this is a feedback? Um do we have a motion to accept the agenda as as written? I move. Second. It's been moved and seconded. Any discussion? All those in favor, aye. Aye. All right. Okay. Agenda has been approved. Next we have minutes for the February twenty-fourth, twenty twenty-six subdivision committee meeting. Is there any discussion on this? I move, we accept the minutes. I will absolutely say I still move. If you've read that, yes. It's been moved and seconded that we accept the minutes of the meeting of the subdivision committee of February twenty-fourth, twenty twenty-six. All those in favor? Aye. All right. It's been accepted. We have no additional receipt of items for record, no unfinished business, moving on to agenda item G one, preliminary subdivision map approval subdivision application number S dash twenty twenty-six dash eight. Tony T. Brune and Titus D. K. Brown applicants proposed six lot subdivision TMK two-three dash zero zero four zero one. Located in Collar Hill, Kawhi. Uh, we don't have any members of the public sign up to testify. Um the proposal establishes five residential lots and one road away lot within the residential R4 zone district and involves a total area of approximately one point six one seven acres. Um the uh the parcel is presently developed with two single family dwelling units and warehouse structure. This first single family dwelling constructed in nineteen eleven will be located on proposed lot one oh one eight one. The second single family dwelling built in two thousand and twelve will be situated on proposed lot one eight four. And the warehouse structure will be located on proposed lot one hundred one eight two. lot within the residential R4 zoning district and involves a total area of approximately 1.617 acres um the uh the parcel is presently developed with two single family dwelling units and the warehouse structure the first single family dwelling constructed in 1911 will be located on proposed lot 101 the second single family dwelling built in 2012 will be situated on proposed lot 10184 and the warehouse structure will be located on proposed lot 10182 chair we have received agency comments from the county department of public works engineering division the county department of public works wastewater division comments are still pending from the county of kawaii water department the county of kawaii fire department the state department of health and the state historic preservation division uh the planning department is recommending preliminary subdivision map approval are there any questions for the planner I have one question then uh there's a uh there are two structures on this plus a warehouse and it says one structure is going to be relocated is that correct um no the structures will be will remain in place and will be situated on each respective lot and uh did the um fire department come back with anything about the emergency vehicle access no we haven't received preliminary comments um but prior because this rule because this subdivision um requires uh infrastructure improvements the fire department will be contacted prior to construction plan approval um just a comment um the uh requirements of the county department of public works about the intersection um i just uh I'm I was pleased actually to see that it's going to be looked at more closely because that is a very narrow road with a lot of curves so I think that intersection is going to be really important to uh ensure the site distance is appropriate is there is an altitude here good morning commission uh my name is Marina dismendez from Isaac surveying here on behalf of the owners we would respectfully request the preliminary approval um and the owners are willing to work with the county and public work department for the conditions they received so far and whatever conditions come after are there any questions for the applicant are we ready for your recommendation for the planner's recommendation so the uh the planning department is recommending preliminary approval for this application can we have a motion i move we approve uh application number s 2026 dash eight it's been moved and seconded that we approve uh subdivision report application number s dash 2026 dash eight any discussions if not we'd have a roll call please roll call madam chair commissioner cox aye commissioner giovanits chair strike for aye motion process chair thank you thank you next on agenda subdivision application number s 2026-9 visionary LLC a proposed two lot subdivision TMK 3-7-002021 on a we don't have any members of the public stand up to testify on this agenda item are there any members of the public that would like to speak on this item seeing none at part back of the county uh the proposal subdivise lot four of the Ahukinimakai subdivision into two lots the primary intent of the subdivision is to carve out approximately 5.918 acres of lot four consisting of a detention basin which will remain under the ownership of visionary LLC the total area involved is approximately 14.671 acres situated within the general industrial zoning district and the state land use urban district the subject property is part of the larger development associated with the Aokini Makai subdivision where construction is actively underway to complete the required subdivision improvements I'm chair we have received agency comments from the county department of public works engineering division the county department of public works wastewater division it is uh and the state department of transportation highways division uh comments are still pending from the county of kawaii department of water county of kawaii fire department the state department of health and the state historic preservation division the planning department is recommending preliminary subdivision map approval just a question how long does it normally take to get shifty approval or recommendations it varies I think it's depending on the development let's see any questions for the planner will the applicant like to step forward It varies. I think it's depending on the development. Let's see. Any questions for the planner? Would the applicant like to step forward?

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