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HomeMy WebLinkAboutPlanning 061416 MinutesKAUAI PLANNING COMMISSION REGULAR MEETING June 14, 2016 The regular meeting of the Planning Commission of the County of Kauai was called to order by Chair Mahoney at 9:15 a.m., at the Lihu`e Civic Center, Mo`ikeha Building, in meeting room 2A -2B. The following Commissioners were present: Chair Sean Mahoney Vice Chair Louis Abrams Mr. Roy Ho Mr. Kimo Keawe Ms. Glenda Nogami Streufert Absent and Excused: Mr. Wayne Katayama The following staff members were present: Planning Department — Kaaina Hull, Leslie Takasaki, Dale Cua, Marisa Valenciano; Deputy County Attorney Jodi Higuchi Sayegusa, Office of Boards and Commissions Administrator Jay Furfaro, Commission Support Clerk Darcie Agaran Discussion of the meeting, in effect, ensued: CALL TO ORDER Chair Mahoney called the meeting to order at 9:15 a.m. ROLL CALL Planning Deputy Director Kaaina Hull: Good morning, Commissioners. Good morning, Chair. The first item on the agenda is Roll Call. Commissioner Katayama? Commissioner Ho? Mr. Ho: Here. Mr. Hull: Commissioner Abrams? Mr. Abrams: Here. Mr. Hull: Commissioner Keawe? Mr. Keawe: Here. Mr. Hull: Commissioner Streufert? Ms. Nogami Streufert: Here. Mr. Hull: Commissioner Mahoney? Chair Mahoney: Here. Mr. Hull: Chair, we have a quorum. Chair Mahoney: Thank you. APPROVAL OF AGENDA Mr. Hull: Next on the agenda is Approval of the Agenda. We would recommend that the agenda be held in place. Mr. Abrams: Motion to approve the minutes of the ... oh, the agenda, excuse me. It's going to be held in place? Chair Mahoney: Yes. Mr. Abrams: Okay. As -is, then. Mr. Ho: Second. Chair Mahoney: Moved and seconded. Any further discussion? Hearing none. All in favor? (Unanimous voice vote) Motion carried 5:0. MINUTES of the meeting(s) of the Planning Commission Regular Meeting of f May 10, 2016 Regular Meeting of f May 24, 2016 Mr. Hull: Next on the agenda is Minutes of the Planning Commission for the Regular Meeting of May 10`n and the Regular Meeting of May 24, 2016. Mr. Abrams: Move to approve the minutes of the regular meeting of May 101n and the 24tH Mr. Keawe: Second. Chair Mahoney: Moved and seconded. Any further discussion? Hearing none. All in favor? (Unanimous voice vote) Motion carried 5:0. RECEIPT OF ITEMS FOR THE RECORD 2 Mr. Hull: The Department is not in receipt of any new items for the record. HEARINGS AND PUBLIC COMMENT Mr. Hull: So, the next (inaudible) is Agenda Item F, Hearings and Public Comment. At this time, members of the public can comment on any agenda item or elect to wait until the actual hearing is held and discussions are held for the agenda item. Continued Agency Hearing Class IV Zoning Permit Z -IV- 2015 -36, Use Permit U- 2015 -35 and Special Permit SP- 2015-13 to allow conversion of an existing guest house into a homestayoperation on a parcel located along Kahili Makai Road in Kilauea. situated at the intersection with Kuhi6 Highway, further identified as 4387 Kahili Makai Road, Tax Map Key (4) 5 -2- 021 -010, CPR Unit 3, and affecting a 3.838 acre portion of a larger parcel approx. 19.19 acres in size Lee Roversi. Mr. Hull: The first agency hearing item is Class IV Zoning Permit Z -IV- 2015 -36, Use Permit U- 2015-35, and Special Permit SP- 2015 -13 to allow conversion of an existing guest house into a homestay operation on a parcel located along Kahili Makai Road in Kilauea, situated at the intersection of Kuhi6 Highway, further identified as 4387 Kahili Makai Road, Tax Map Key (4) 5 -2- 021 -010, CPR Unit 3, and affecting a 3.838 -acre portion of a larger parcel approximately 19.19 acres in size. The applicant is Lee Roversi. We do not have anybody signed up to testify on this application. Is there any member of the public to testify? Seeing none. New Agency Hearing (NONE) Continued Public Hearin Zoning Amendment ZA- 2016 -3: A bill for an ordinance Amending Chapter 8, Kauai County Code 1987, as amended, relating to Definitions -: County ofKaua `i, Planning Department. Mr. Hull: The next hearing item is Zoning Amendment ZA- 2016 -3: a bill for an ordinance amending Chapter 8, Kauai County Code 1987, as amended, relating to Definitions. The County of Kauai, Planning Department is the applicant in this matter. We did not have anybody in the public signed up to testify. Are there any members that wish to testify on this item? Seeing none. New Public Hearing (NONE) All remaining_ public testimony pursuant to HRS 92 (Sunshine Law) CONSENT CALENDAR Status Reports (NONE) Director's Report(s) for Projects) Scheduled for Agency Hearing on 6/28/16. Class IV Zoning Permit Z -IV- 2016 -15, Use Permit U- 2016 -12 and Special Permit SP- 2016-5 to allow construction of a new visitor center, zip lining facilities and associated improvements relating to the commercial tour operations conducted on land located .25 miles east of the Kipp Road and Aakukui Road intersection in Kipu, further identified as Tax Map Key 3 -1- 002:001 (Portion), and affecting aportion of a larger parcel approx. 2,842 acres in size = Outfitters Kama `i, Ltd. Class IV Zoning Pen-nit Z -IV- 2016 -14 and Use Permit U- 2016 -11 to allow conversion of an existing residence into a bed and breakfast operation on a parcel located along the western side of Ahele Street within the Wailua Homesteads Subdivision (First Series) in Wailua, approx. 450 ft. makai of the Opaekaa Road /Pulana Street intersection and further identified as 6430 Ahele Street, Tax Map Key 4 -2- 006:058, and containing a total area of 10,085 sq. ft. Yasutake Family Revocable Trust 2004. Mr. Hull: The next agenda item is G, Consent Calendar. We have two (2) items on the consent calendar for your receipt and approval. Chair Mahoney: Chair will entertain a motion to receive. Deputy County Attorney Jodi Higuchi Sayeg sa: A motion to approve. Chair Mahoney: Motion to approve. Mr. Abrams: Move to approve Items 2.a. and 2.b. Mr. Keawe: Second. Chair Mahoney: It's been moved and seconded. Any further discussion? Hearing none. All in favor? (Unanimous voice vote) Opposed? (None) Motion carries 5:0. EXECUTIVE SESSION Pursuant to Hawaii Revised Statutes sections 92 -4, 92- 5(a)(4), the purpose of this executive session for the Planning Commission is to consult with the County's legal counsel on questions relating to Zoning Amendment ZA- 2016 -3 Definition of Applicant. This consultation involves consideration of the Commission's powers, duties, privileges, immunities, and /or liabilities with regard to this agenda item. 4 Pursuant to Hawaii Revised Statutes sections 92 -4, 92- 5(a)(4), the purpose of this executive session for the Planning Commission is to consult with the County's legal counsel on questions relating to Hearing Officer's Report and Recommendation of Contested Case Hearing; Certificate of Service relating to CC- 2014 -5, TVRNCU #14263 -P, Tax Map Key (4) 5 -2- 004:098 = Rene O. Campos. This consultation involves consideration of the Commission's powers, duties, privileges, immunities, and/or liabilities with regard to this agenda item. Mr. Hull: The next agenda item is H, Executive Session. You have two (2) executive sessions scheduled. The first one is pursuant to Hawaii Revised Statutes sections 92 -4, 92- 5(a)(4), the purpose of this executive session for the Planning Commission is to consult with the County's legal counsel on questions relating to Zoning Amendment ZA- 2016 -3 Definition of Applicant. This consultation involves consideration of the Commission's powers, duties, privileges, immunities, and/or liabilities with regard to this agenda item. And you also have Agenda Item H.2. Pursuant to Hawaii Revised Statutes sections 92 -4, 92- 5(a)(4), the purpose of this executive session for the Planning Commission is to consult with the County's legal counsel on questions relating to Hearing Officer's report and recommendation of Contested Case; Certificate of Service relating to CC- 2014 -5, TVRNCU #14263 -P, Tax Map Key (4) 5 -2- 004:098, Rene Campos. This consultation involves consideration of the Commission's powers, duties, privileges, immunities, and/or liabilities with regard to this agenda item. So a motion would be necessary to go into executive session to discuss with the County Attorney. Mr. Abrams: We are going to go ahead and do this now, these two (2)? Mr. Hull: Generally, I know as practice, the Department has recommended that the agenda be amended to have the executive sessions at the end. In particular, because you have one of the executive sessions pertaining to the definition of "applicant" and that is coming up for discussion, the Department would recommend going into executive session to have that discussion with the Attorneys before then. Mr. Keawe: For both? Or just H.1.? Ms. Higuchi Sayegusa: It might be easier just to take it all at once since we go in rather than go in and out. But ultimately, it is up to the Chair on how to conduct the course of the meeting. Chair Mahoney: I think if...we can handle both of them in executive session, instead of taking one, then coming out, and going back in. If the Commissioners are amenable to that, a motion would be in order. Mr. Keawe: Move to go into executive session. Mr. Abrams: Second. Ms. Higuchi Sayegusa: Hopefully, you know, can we estimate maybe half an hour or so, just so the public will know when to return. Chair Mahoney: Yeah, so about 45 minutes seeing there are two (2) items. Ms. Higuchi Sayegusa: So returning at around 10:15? Mr. Hull: 15. Ms. Higuchi Sayegusa: 15? Mr. Hull: Yes. Chair Mahoney: Do we need a vote? We had a motion. It's been moved and seconded. Ms. Higuchi hi Sayegusa: Yes. Let's do a roll call vote, please. Chair Mahoney: Okay, so we'll do a roll call. Mr. Hull: Commissioner Ho? Mr. Ho: Aye. Mr. Hull: Commissioner Abrams? Mr. Abrams: Aye. Mr. Hull: Commissioner Keawe? Mr. Keawe: Aye. Mr. Hull: Commissioner Streufert? Ms. Streufert: Aye. Mr. Hull: Commissioner Mahoney? Chair Mahoney: Aye. Mr. Hull: Motion passes 5:0. Chair Mahoney: So we'll be in executive session. The Commission recessed this portion of the meeting at 9:21 a.m. The Commission resumed in Open Session at 10:28 a.m. Is Chair Mahoney: Call the meeting back to order. GENERAL BUSINESS MATTERS Request to amend Class IV Zoning Permit Z -IV- 2006 -5 and Variance Permit V- 2006 -3 to allow minor modifications to an existing telecommunications monopole facility located in Lihu`e Industrial Park, on property situated on the east side of Kapule Highway, approx. 2,600 ft. southeast of the intersection at Kapule Highway and Haoa Street, further identified as 2958 Aukele Street, Tax Map Key 3 -5- 003:017, and containing a total area of 32,144 sq. ft. = A T & T Wireless. Mr. Hull: Chair, we are on Agenda Item I, General Business Matters. There's one (1) general business matter. Request to amend Class IV Zoning Permit Z -IV- 2006 -5 and Variance Permit V- 2006 -3 to allow minor modifications to an existing telecommunications pole facility located in Uhu`e Industrial Park, on a property situated on the east side of Kapule Highway, approximately 2,600 feet southeast of the intersection at Kapule Highway and Haoa Street, further identified as 2958 Aukele Street, Tax Map Key 3 -5- 003:017, and containing a total area of 32,144 square feet. The applicant is AT &T Wireless and Marisa is our Planner on this assignment. Staff Planner Marisa Valenciano: Good morning, Chair and members of the Commission. Chair, may I have permission to summarize my report? Chair Mahoney: Yes. Ms. Valenciano: Okay, thank you. Ms. Valenciano read the Applicant's Reasons /Justification and Preliminary Evaluation sections of the Director's Report for the record (on file with the Planning Department). Ms. Valenciano: This concludes my portion of the report. Chair Mahoney: Thank you. Ms. Valenciano: Thank you. Chair Mahoney: Are there any questions for the Planner? Or is there a representative for the applicant present? Could you state your name for the record, please? Kanoe Eisland: Hi. Kanoe Eiselin with Crown Castle for AT &T. Chair Mahoney: Thank you. Is there anything you'd like to add? Ms. Eisland: Not at this time. Chair Mahoney: Any questions for the applicant from any members of the Commission? Mr. Keawe: Just one (1). Marisa, you're suggesting on Item 7 that we delete the initial part of that language and just go with the second part in your report. Is that correct? Ms. Valenciano: Correct. In the back, in the last part under my recommendation, I showed the language that would be removed and the language that would be added as a new condition. Chair Mahoney: No questions? Mr. Hull: Just some background, Commissioner Keawe, for the recommended change. It was common practice for the Planning Commission, when the telecommunication industry was first coming on to line and setting up these sites, to require any changes that would be made on these structures come back before the Planning Commission for review and action. As the telecommunication industry has boomed and there are multiple sites out there, back around 2005!2007, the Commission, really, was being inundated just with these kind of minor requests to put antennas that are below the height or little structural changes, so the Commission began amending a lot of these sites to say these types of improvements where you are not going above the height of the existing pole or not expanding the footprint can be done somewhat in -house and reviewed by the Department. So this is standard language that is kind of attached to ... virtually, I'd say every ... there might be a few more out there still left. but I'd say at least 99° ,'o of the sites that are existing have this new language attached so that the Department can do an in -house review on minor alterations. Mr. Keawe: Good. Thank you. Chair Mahoney: Okay, so can we hear any recommendations from the Planner, please? Ms. Valenciano read the Preliminary Recommendation section of the Director's Report for the record (on file with the Planning Department). Chair Mahoney: Thank you. For the applicant, are you in concurrence with the recommendation from the County? Ms. Eiselin: Yes. Chair Mahoney: Okay. I think a motion would be in order at this time. Mr. Keawe: I move to amend the Class IV Zoning Permit for Z -IV- 2006 -5 and Variance Permit V- 2006 -3 to allow for minor modifications to an existing telecommunications monopole facility located in Lihu`e Industrial Park as outlined in Condition No. 7. Chair Mahoney: Okay. Do we have a second? Mr. Ho: Second. Chair Mahoney: It's been moved and seconded. Any further discussion? Hearing none. All in favor? (Unanimous voice vote) Opposed? (None) The motion carries 5:0. Thank you. Ms. Eiselin: Thank you. COMMUNICATION (For Action) Mr. Hull: The next agenda item is Communications. However, the Department has not received any communications for action. COMMITTEE REPORTS Subdivision Mr. Hull: So Agenda Item K, Committee Reports. The Subdivision report. Mr. Abrams: Mr. Chair, the Subdivision Committee met this morning and Report No. 14 is as follows: issued tentative subdivision approval for Grove Farm Company, TMK: (4) 3 -3- 011:002 and 3 -3- 018:005; and also Kukui`ula Development Company LLC, tentative approval for Subdivision Application No. S- 2016 -20. And we granted final subdivision approval for the Guerber Family Trust, Application No. S- 2015 -16. And the last one was we did a subdivision extension request by CIRI Land Development Company, Application No. S- 2015 -14 to the end of 2017. Chair Mahoney: Okay. Is there a motion to accept? Ms. Nogami Streufert: I so move. Mr. Ho: Second. Chair Mahoney: Second. Moved and seconded. Any further discussion? Hearing none. All in favor? (Unanimous voice vote) Motion carried 5:0. NEW BUSINESS Class IV Zoning Permit Z -IV- 2015 -36, Use Permit U- 2015 -35 and Special Permit SP- 2015-13 to allow conversion of an existing guest house into a homestay operation on a parcel located along Kahili Makai Road in Kilauea, situated at the intersection with Kuhi6 Highway, further identified as 4387 Kahili Makai Road, Tax Map Key (4) 5 -2- 021 -010, CPR Unit 3, and affecting a 3.838 acre portion of a larger parcel approx. 19.19 acres in size = Lee Roversi. Mr. Hull: We are now on Agenda Item New Business for Action. Class IV Zoning Permit Z -IV- 2015-36, Use Permit U- 2015 -35, and Special Permit SP- 2015 -13 to allow conversion of an existing guest house into a homestay operation on a parcel located along Kahili Makai Road in Kilauea, situated at the intersection with Kuhi6 Highway, further identified as 4387 Kahili Makai Road, Tax Map Key (4) 5 -2- 021 -010, CPR Unit 3, and affecting a 3.838 -acre portion of a larger parcel approximately 19.19 acres in size. The applicant is Lee Roversi and Dale is our Planner on this one. Staff Planner Dale Cua: Good morning Chair and members of the Commission. At this time, I'll go through the supplement to the Director's Report. It's a relatively short report. Mr. Cua read the Supplement No. 1 to the Director's Report for the record (on file with the Planning Department). Mr. Cua: And that concludes the Director's Report at this time. Chair Mahoney: Thank you. Are there any questions for the Planner? Is there a representative for the applicant present? Could you state your name for the record, please? Harvey Cohen: Good morning, Chair and members of the Planning Commission. My name is Harvey Cohen, on behalf of the North Country Fanns Realty Trust of which Lee Roversi is the Trustee. Chair Mahoney: Did you ... any comments from the applicant about the planning report? Mr. Cohen: The applicant is comfortable with all of the conditions of approval. The only thing that I would add is since last summer, the applicant has filed her 2015 taxes, and if I may approach, I'd like to present copies of her 2015 tax returns which indicate the balance of revenue produced, which shows that the overwhelming production on the property is agriculturally related. In addition to that, there are approximately fifty (50) letters from neighbors and customers of North Country Farms in support of the application. I didn't want to inundate everyone with a bunch of paper at this time, but if you'd like to go through those, I'm more than happy to make those available to you. I will say that I went through them in preparation for this meeting and was remarkably impressed and touched by the amount of the community on the north shore that reaps a very direct benefit from Lee Roversi's faun operation. It's kind of a model. And we believe that, in this case, homestay is appropriate, and actually, it'd probably be more appropriate to refer to it as a fann -stay because it's very much a working farm and a labor of love. Chair Mahoney: Okay. Thank you. Any questions for the applicant? Commissioner Ilo. Mr. Ho: This homestay will be tied to the farming operation? It's like ... what is it? What would you call that? A homestay farm? You come to stay and work the farm? Is that how it is? Lee Roversi: No, you know ... I mean, we welcome anyone who loves to weed with us, but no, that's not part of it. People are coming to experience an organic farm on Kauai as part of their holiday time, and they eat the fruits from the orchards and the vegetables from the garden; that's one of their perks. FE Mr. Keawe: Lee, how is your occupancy? Your future bookings? Are they ... do they look strong? Ms. Roversi: Well, right now, no, sir, because I shut down while this process was happening, so I would hope to be up and running, and have more visitors coming soon. Mr. Keawe: Good. Ms. Roversi: Thank you. Chair Mahoney: Commissioner. Ms. Nogami Streufert: Could I ask a question? This is part of a CPR of an agricultural... Ms. Roversi: Yes. Ms. Nogami Streufert: How many members of the ... how many CPR units are there? Ms. Roversi: Five (5), give or take 4 -acre parcels. Ms. Nogami Streufert: Okay. And are all five (5) members of this CPR amenable to what you are doing? Ms. Roversi: That was part of the conditions when my original application went in, and in fact, some of the letters are very endearing from my neighbors who all eat from the farm, also. Ms. Nogami Streufert: Okay, great. Thank you. Chair Mahoney: Okay. In looking at the records, you make ... the income from the farm is more than the income from the rental. Ms. Roversi: Yes. Chair Mahoney: And that's ... okay. Any other questions for the applicant? Hearing none. Is there any further report from the Planner? Recommendation? Mr. Cua: Just for the Commissioners' reference, a copy of the Director's Report has been attached to this Supplement Report, so if you refer to Exhibit A on Page... beginning from Page 8, there's a total of fifteen (15) conditions recommending approval of this application. Chair Mahoney: Okay. Mr. Hull: So ultimately, the Department is recommending that the subject request to convert an existing residential guest house into a homestay under Special Permit SP- 2015 -13, Use Permit U- 2015 -35, and Class IV Zoning Permit Z -IV- 2015 -36 be approved with those conditions. Chair Mahoney: Is the applicant aware of all the conditions and agree to all of the conditions listed? Ms. Roversi: I am and I do. Chair Mahoney: Okay. The Chair will entertain a motion. Ms. Hi cgu hi Sayegusa: Sorry, just a procedural matter. Before we try to take action, we didn't ... we should close the agency hearing. Chair Mahoney: Okay. Ms. Higuchi Sayegusa: Yes. We would need a motion and a second. Chair Mahoney: Yes. Mr. Abrams: Move to close the agency hearing for Class IV Zoning Pen-nit Z -IV- 2015 -36, Use Permit U- 2015 -35, and Special Permit SP- 2015 -13, Lee Roversi. Mr. Keawe: Second. Chair Mahoney: Moved and seconded. Any further discussion? Hearing none. All in favor? (Unanimous voice vote) Motion carries 5:0. Hearing is closed. Thank you. Mr. Hull: And also, for members of the Commission, as well as for members of the public, because there may be some concern about how this Commission is reviewing an application for a homestay in a guest house on Agricultural land given the fact that, recently, the County Council adopted an ordinance that prohibits homestays outside of the Visitor Destination Area, and even in the Visitor Destination Area, it doesn't allow it to occur in a guest house. So just for clarification, that law was recently adopted, but for those applications that had been accepted and vested in the process prior to adoption of the ordinance, they are essentially reviewed under the standards under which they were accepted as a complete application. So in essence, the review and action is being done on, somewhat, the old ordinance that allowed for homestays outside of the VDA, as well as the Special Permit review process, which the Department was ultimately recommending if it is in the Agricultural district that the applicant demonstrate that the homestay is ancillary to the farm operations. In the manner in which this applicant has demonstrated that is that their farm income exceeds that of their rental income, and therefore, the homestay can be considered ancillary or accessory to the farm operation. For those applicants that come in or applications that have come in that cannot demonstrate that, the Department's recommendation has been, and still is, that the homestay operation in fact is the primary use of this agricultural land and runs counter or contrary to the objectives and principles under Hawaii Revised Statutes Section 205 that promote and protect agricultural lands for agricultural production. But as stated, because this applicant is demonstrating that, in fact, their faun makes more than the homestay operation, we consider it to be ancillary and can be considered for approval. Chair Mahoney: Thank you for that explanation. 12 Mr. Keawe: Kaaina, how many more of those do you have in the pipeline? Mr. Hull: The only other ones ... I believe you are going to review two (2) applications upcoming. Excuse me, three (3) applications to be ... have their initial review by the Planning Commission that we accepted prior to the adoption of the ordinance. Those three (3) will be coming within the next few months. And then there's the other group that's in the Contested Case Hearing process, and I believe there are four (4) or five (5) still left in Contested Case. So you are looking at reviewing seven (7) or eight (8) more that essentially got vested under the old process. Ms. Nogami Streufert: Can I ask a question? So does this mean that if this were to have started today, as opposed to when it did, that it would not have been approved? Mr. Hull: Not only would it...it wouldn't have been accepted. So anybody that comes knocking on the door or to the counter at the Planning Department with an application for a homestay outside of the VDA, there's no way we can even accept that application to forward to you folks for review. Ms. Nogami Streufert: And in this particular case, or in all the other cases, if the income of...from the guest house exceeds the income from the agricultural income, does that invalidate this? Mr. Hull: No. So the Special Permit that they are applying for ... so when you look at the various permits that you have to apply for, if you are in the State Land Use Urban and County Residential or Commercial areas, a Use Pen-nit is required. A Use Permit has to do primarily with compatibility. Is this higher intensified use compatible with the surrounding area? The surrounding environment? The surrounding neighbors? Those that frequent the area? Now, if it's not in the VDA and also in the Agricultural district, in addition to that Use Permit that they have to apply for to determine compatibility, they also have to apply for a Special Permit. And the Special Permit is a State permit that you folks process on behalf of the State if the operation is under fifteen (15) acres. Special Permits are for those uses that are not outright permitted under Hawaii Revised Statutes in the Agricultural district, and this is not an outright permitted use. So under the Special Permit, you have to go through a litmus test of, among other things, is it going to place an additional burden on public agencies? Is it compatible? But one of those requirements in the Special Permit is to determine whether or not it is contrary to the objectives and policies under Hawaii Revised Statutes Section 205. And 205's function concerning the Agricultural district is to promote and protect agricultural lands for agriculture production. So in reviewing a homestay or transient accommodation on agricultural lands, because under that old process it could be reviewed, the Department is ultimately saying in order to determine that it is not contrary, they have to demonstrate that their farm is the primary operation of the lands, and that the homestay is, in fact, accessory to it. So applicants... and this applicant, in particular, is doing it by demonstrating their income on the farm is higher than the homestay operation, and the Department is recommending saying you can ... that demonstrates it's not contrary, but that's the recommendation of the Department. At the end of the day, it's up to this body on whether or not it feels that that is appropriate in determining whether or not it's contrary to the policies set under 205. 13 Ms. Higuchi Sayeg Asa: And also, the guidelines that are provided under our rules; those five (5) guidelines that you... Chair Mahoney: Are there any questions from any members of the Commission? Chair will entertain a motion at this time. Mr. Abrams: Chair, I recommend to approve Class IV Zoning Permit Z -IV- 2015 -36, Use Permit U- 2015 -35, and Special Pen-nit SP- 2015 -13 to allow conversion of an existing guest house into a homestay operation on a parcel located along Kahili Makai Road in Kilauea, Tax Map Key (4) 5- 2- 021 -010, CPR Unit 3, Lee Roversi. Chair Mahoney: Is there a second? Mr. Keawe: Second. Chair Mahoney: Could we have a roll call vote, please? Mr. Hull: Commissioner Ho? Mr. Ho: Aye. Mr. Hull: Commissioner Abrams? Mr. Abrams: Aye. Mr. Hull: Commissioner Keawe? Mr. Keawe: Aye. Mr. Hull: Commissioner Streufert? Ms. Nogami Streufert: Aye. Mr. Hull: Commissioner Mahoney? Chair Mahoney: No. Mr. Hull: The motion passes 4:1. Chair Mahoney: Thank you. Mr. Cohen: Thank you. Zoning Amendment ZA- 2016 -3: A bill for an ordinance Amending Chapter 8, Kauai County Code 1987, as amended, relating to Definitions County of Kaua `i, Planning Department. 14 Mr. Hull: The next agenda item is Zoning Amendment ZA- 2016 -3: a bill for an ordinance amending Chapter 8, Kauai County Code 1987, as amended, relating to Definitions, County of Kauai, Planning Department. Marisa Valenciano is our Planner on this. Ms. Valenciano: Chair, may I have permission to summarize my Director's Report? Chair Mahoney: Yes, you may. Ms. Valenciano: Okay, thank you. Ms. Valenciano read a summary of the Supplement No. 2 to the Director's Report for the record (on file with the Planning Department). Ms. Valenciano: This concludes my report. Chair Mahoney: Thank you. Are there any questions for the Planner? Hearing none. Ms. Higuchi Sayegusa: I'm sorry. So we went into executive session and discussed a little bit of matters, and so, you know, it's before your ... it's up to you folks how you want to proceed; i.e. deferring the matter or, you know, taking action on the Department's recommendation for that 100 0, 'o amendment. Chair Mahoney: Commissioners, do you have any comment? Commissioner Ho. Mr. Ho: I think, from what we heard in executive session, I would like to see a deferral. I would like to see a deferral. Ms. Hi chi Sayegusa: You can make a ... maybe, distill that into a motion and we can go from there. Mr. Abrams: Do you want to go ahead and make a motion to defer? Mr. Ho: Okay. Motion to defer Zoning Amendment ZA- 2016 -3: a bill for an ordinance amending Chapter 8, Kauai County Code 1987. Mr. Abrams: Second. Chair Mahoney: It's been moved and seconded. Any discussion? Hearing none. All those in favor? (Unanimous voice vote) Motion carried 5:0. Mr. Hull: The next agenda item is Agenda Item N, Announcements. Commissioners are in receipt of topics for future meetings. Any discussion or questions you have on that packet... Ms. Hi cQu hi Sayegusa: Sorry about that. 15 Chair Mahoney: Excuse me. But before we get into that agenda item, could we close the public hearing? Ms. Higuchi Sayegusa: Well, and also because the matter has been deferred, I mean, the option is to keep it open until we bring the matter up again. Chair Mahoney: Yeah, maybe leave it open, then. So do we need a motion for that? To continue the public hearing? Ms. Higuchi Sayegusa: No, it's been deferred. Chair Mahoney: Alright, thank you. Mr. Abrams: Do you want a date? So that it doesn't have to sit on the agenda? Ms. Higuchi Sayegusa: I'm sorry, just to go back, you know, the County Attorney's Office will provide updates, both to the Department and to the Commission, so we'll keep it on tabs to be able to bring it back again. Mr. Abrams: Okay. Mr. Ho: Are you going to do that by email? Ms. Higuchi Sayegusa: Well, as soon as ... you know, if there is an update, then we will be sure to forward that on to both the Department and the Commission; i.e. try to bring it back before this Commission on the agenda. And then we can discuss things further. Chair Mahoney: Okay. Moving on. Excuse me for interrupting you. ANNOUNCEMENTS Topics for Future Meetings The following scheduled Planning Commission meeting will be held at 9:00 a.m., or shortly thereafter at the Uhu`e Civic Center, Mo`ikeha Building. Meeting Room 2A -213, 4444 Rice Street, Lihu`e, Kauai, Hawaii 96766 on Tuesday. June 28, 2016. Mr. Hull: No, so the Commission is in receipt of the topics, and for the most part, that list has remained the same since it was last distributed at the last Commission. So if anybody has any questions on that, we can go over it. Otherwise, the meeting is ready for adjournment. Chair Mahoney: We don't need approval. This has already been approved? Mr. Hull: It's not anything that needs an approval or receipt. It's just... H Chair Mahoney: Yeah, it's just for informational purposes. Mr. Hull: Yes. Chair Mahoney: Okay, so the Chair will entertain a motion for adjournment. Mr. Abrams: Move to adjourn. Ms. Nogami Streufert: Second. Chair Mahoney: All in favor? (Unanimous voice vote) Meeting adjourned. Thank you. ADJOURNMENT Chair Mahoney adjourned the meeting at 10:59 a.m. Respectfully submitted by: rcie Agar n, Commission Support Clerk ( ) Approved as circulated (add date of meeting approval) ( ) Approved as amended. See minutes of meeting. 17