HomeMy WebLinkAbout2022-03-22 PC_Agenda PacketPLANNING COMMISSION
KAAINA S. HULL, CLERK OF COMMISSION '22 MAR 16 P 1 :19 ·, 1: ·., i Y f.:..Enr<
HELEN COX, CHAIR
FRANCIS DEGRACIA, VICE CHAIR
GERALD AKO, MEMBER
DONNA APISA, MEMBER
MELVIN CHIBA, MEMBER
GLENDA NOGAMI-STREUFERT, MEMBER
LORI OTSUKA, MEMBER
On November 29, 2021, Governor David Y. lge issu� @ni 1Ern§(Q¢'\7t;yJ,P-'rpclamation, which continued the
suspension of Hawai'i Revised Statutes (HRS) Chapter 92, relating to Public Agency Meetings and Records (also
known as the Sunshine Law) as it pertained to the COVID-19 Response. HRS Chapter 92 was suspended to
the extent necessary to enable boards to conduct business in-person or through remote technology without any
board members or members of the public physically present in the same location. In addition, on December 29,
2021 and on January 26, 2022, Governor lge issued a proclamation suspending HRS 92-3.7 to suspend the
requirement to have at least one meeting location that is open to the public.
The meetings of the Kaua'i Planning Commission will be conducted as follows until further notice:
•Meetings will be publicly noticed pursuant to HRS Chapter 92.
•In-person meetings will be closed to the public to be consistent with social distancing practices.
•Planning Commissioners, Planning Department Staff, parties to agenda items, and resource individuals
will appear via the Zoom remote technology.
•The public may attend the meeting by phone using the "join by phone" telephone number provided on
the agenda.
•The public may also attend the meeting through Zoom. If attending the meeting via Zoom, it shall be
the responsibility of the attendee to join the meeting through the Zoom link provided via E-mail. In
addition, it shall be the responsibility of the testifier to ensure that the Zoom software is downloaded and
operational prior to the meeting. Once you sign-in for the meeting, you will receive the meeting link.
•You may use a unique identifier (i.e., an alias name and alias email address) instead of your real name
to maintain anonymity. Please note that the unique Zoom meeting link will be sent by Zoom to the E
mail that was entered at sign-in.
•In addition, the meeting will be live streamed and available as an archived meeting after completion at
www.kauai.gov/Webcast-Meetings. Please note that the livestream broadcast does not allow interaction
between the viewer and Planning Commission. Also, video production services or enhancements of the
recorded video will not be available.
•Written testimony may be submitted on any agenda item and submitted to
planningdepartment@kauai.gov or mailed to the Kauai County Planning Department
4444 Rice Street., Ste A473, Lihue, Hawaii 96766. Written testimony received by the Planning
Department at least 24 hours prior to the meeting will be distributed to all Planning Commissioners
prior to the meeting. Any testimony received after this time and up to the start of the meeting will be
summarized by the Clerk of the Commission during the meeting and added to the record thereafter.
•Oral testimony will be taken during the public hearing portion of the meeting. Anyone interested in
providing oral testimony must attend the meeting by "joining by phone" using the number listed on the
agenda or joining by "Zoom".
o All testifier audio and video will be disabled until it is your turn to testify.
o Per the Planning Commission's and Chairs practice, there is three-minute time limit per testifier,
per agenda item.
o If there are temporary technical glitches during your turn to testify, we may have to move on to
the next person due to time constraints; we appreciate your understanding.
•If any major and insurmountable technical difficulties are encountered during the meetings, the Planning
Commission will continue all matters and reconvene at the next scheduled Planning Commission
Meeting.
•Minutes of meetings will be completed pursuant to HRS Chapter 92 and posted to the Planning
Commission's website upon completion and approval.
4444 Rice Street, Suite A473 • Uhu'e, Hawai'i 96766 • (808) 241-4050 (b)
An Equal Opportunity Employer
PLANNING COMMISSION TELECONFERENCE MEETING NOTICE AND AGENDA
Tuesday,March 22,2022
9:00 a.m.or shortly thereafter
To Join By Phone:
US:+1 669 900 9128 or +1 253 215 8782 or +1 346 248 7799 or
+1 646 558 8656 or +1 301 715 8592 or +1 312 626 6799
Webinar ID:941 0282 0366
Participant ID:#
To Join by ZOOM Link:https://zoom.us/webinar/register/WN Z px0WoyRu2cZjlzPpjFHg
Webcast Link:https://www.kauai.gov/Webcast-Meetings
A. CALLTO ORDER
B.ROLL CALL
C.APPROVAL OF AGENDA
D.MINUTES of the meeting(s)of the Planning Commission
1.October26,2021
E.RECEIPT OF ITEMS FOR THE RECORD
F.HEARINGS AND PUBLIC COMMENT. The Planning Commission will accept written
testimony for any agenda item herein.Written testimony indicating your 1)name,and if
applicable,your position/title and organization you are representing,and 2)the agenda
item that you are providing comment on, may be submitted in writing to
planningdepartment@kauai.gov or mailed to the County of Kaua’i Planning Department,
4444 Rice Street,Suite 473,Lihu’e,Hawai’i 96766.Written testimony received by the
Planning Department before 9:00 a.m.on Monday,March 21,2022,will be distributed to
all Planning Commissioners prior to the meeting.Written testimony received after 9:00
a.m.on Monday,March 21,2022,will be summarized by the Clerk of the Commission
during the meeting and added to the record thereafter.
Oral testimony will be during the public hearing portion of the meeting.Anyone interested
in providing oral testimony must attend the meeting via Zoom or “join by phone”using the
number listed on the agenda.After oral testimony has been taken,members of the public
may continue watching the meeting via the live stream link found at
www.kauai.gov/webcastmeetings.
1.Continued Agency Hearing
a.None for this Meeting
PLANNING COMMISSION -MARCH 22,2022 PAGE 2
2.New Agency Hearing
a.None for this Meeting
3.Continued Public Hearing
a.None for this Meeting
4.New Public Hearing
a.ZA-2022-2:A bill for an ordinance amending Chapter 8,Kaua’i County Code
1987,as amended,relating to Comprehensive Zoning Ordinance (CZO).The
proposal amends Section 8-1.4 of the CZO relating to Application of
Regulations and more specifically,standards involving the placement,design
and construction of outdoor hazard warning sirens =County of Kauai,
Planning Department.
1.Director’s Report pertaining to this matter (see agenda packet).
b.ZA-2022-3:A bill for an ordinance amending Chapter 8,Kaua’i County Code
1987,as amended,relating to Comprehensive Zoning Ordinance (CZO).The
proposal amends Section 8-2.4 of the CZO relating to the Table of Uses and
more specifically,permitting requirements for warehouses within the General
Commercial zoning district =County of Kaua’,,Planning Department.
1.Director’s Report pertaining to this matter (see agenda packet).
c.ZA-2022-4:A bill for an ordinance amending Chapter 8,Kaua’i County Code
1987,as amended,relating to Comprehensive Zoning Ordinance (CZO).The
proposal amends Section 8-1.4 of the CZO relating to Application of
Regulations and more specifically,density standards involving parcels that
have been partitioned through the Condominium Property Regime (CPR)
process,pursuant to Chapter 514B of the Hawaii Revised Statues County of
Kaua’i,Planning Department.
1.Director’s Report pertaining to this matter (see agenda packet).
5.All remaining public testimony pursuant to HRS 92 (Sunshine Law)
G.CONSENT CALENDAR
1.Status Reports
a.None for this Meeting
PLANNING COMMISSION —MARCH 22,2022 PAGE 3
2.Director’s Report for Prolect Scheduled for Agency Hearing
a.AMENDMENT TO SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-83-4),
CLASS IV ZONING PERMIT Z-IV-83-27,and USE PERMIT U-83-17 to allow
expansion for an outdoor restaurant use and associated improvements on a
parcel situated on the makai side of Lawa’i Road,commonly known as The
Beach House Restaurant,further identified as 5022 Lawa’i Road,Tax Map Key:
2-6-005:011,containing a total area of 34,900 square feet =lP2 LIC (dba The
Beach House Restaurant).
1.Director’s Report pertaining to this matter (see agenda packet).
b.CLASS IV ZONING PERMIT (Z-IV-2022-6)and USE PERMIT (U-2022-6)to
facilitate conversion of an existing building into a pre-school facility containing
classrooms,offices,a meeting room,and reception are on the St.Catherine’s
Church/School campus,situated at the Kawaihau Road/Haua’ala Road
intersection,and further identified as Tax Map Key:4-6-015:058,containing a
total area of approximately 1.09 acres =Kamehameha Schools.
1.Director’s Report pertaining to this matter (see agenda packet).
c.CLASS IV ZONING PERMIT (Z-IV-2022-7)and USE PERMIT (U-2022-7)to allow
construction of a new single-family dwelling unit on a parcel situated at the
southern terminus of Aalona Street in Kilauea,situated approximately 300 feet
south of its intersection with Lokela Street,and further identified as 4433
Aalona Street,Tax Map Key:5-2-006:014,containing a total area of
approximately 16,187 square feet =Keopele V.&Ashley H.McBride.
1.Director’s Report pertaining to this matter (see agenda packet).
H.GENERAL BUSINESS MATTERS
1.Request to amend Condition No.2 of Class IV Zoning Permit Z-IV-2015-10,Use Permit
U-2015-9,and Special Permit SP-2015-1 relating to commercial tour operations,
involving a parcel situated at 5730 Olohena Road,further identified as Tax Map Key:
(4)4-4-003:045,CPR Unit 3,Wailua Homesteads =Steelgrass Farm.
a.Director’s Report pertaining to this matter (see agenda packet).
b.Memorandum Number 1 to Planning Commission (see agenda packet).
I.COMMUNICATION
1.None for this Meeting.
PLANNING COMMISSION —MARCH 22,2022 PAGE 4
i.COMMITTEE REPORTS
1.Subdivision Committee
a.Consideration and Action on all Subdivision matters listed on the Subdivision
Committee Agenda.
K.UNFINISHED BUSINESS (For Action)
1.None for this Meeting.
1.NEW BUSINESS (For Action)
1.ZA-2022-2:A bill for an ordinance amending Chapter 8,Kaua’i County Code 1987,as
amended,relating to Comprehensive Zoning Ordinance (CZO).The proposal amends
Section 8-1.4 of the CZO relating to Application of Regulations and more specifically,
standards involving the placement,design and construction of outdoor hazard
warning sirens =County of Kaua’,,Planning Department.
a.Director’s Report pertaining to this matter (see agenda packet).
2.ZA-2022-3:A bill for an ordinance amending Chapter 8,Kaua’i County Code 1987,as
amended,relating to Comprehensive Zoning Ordinance (CZO).The proposal amends
Section 8-2.4 of the CZO relating to the Table of Uses and more specifically,permitting
requirements for warehouses within the General Commercial zoning district =County
of Kaua’i,Planning Department.
a.Director’s Report pertaining to this matter (see agenda packet).
3.ZA-2022-4:A bill for an ordinance amending Chapter 8,Kaua’i County Code 1987,as
amended,relating to Comprehensive Zoning Ordinance (CZO).The proposal amends
Section 8-1.4 of the CZO relating to Application of Regulations and more specifically,
density standards involving parcels that have been partitioned through the
Condominium Property Regime (CPR)process,pursuant to Chapter 514B of the
Hawaii Revised Statues County of Kaua’i,Planning Department.
a.Director’s Report pertaining to this matter (see agenda packet).
M.EXECUTIVE SESSION
Pursuant to Hawaii Revised Statutes Sections 92-4 and 92-5(a)(4),the purpose of this
executive session is to consult with the County’s legal counsel on questions,issues,status
and procedural matters.This consultation involves consideration of the powers,duties,
privileges,immunities,and/or liabilities of the Commission and the County as they relate
to the following matters:
PLANNING COMMISSION -MARCH 22,2022 PAGE 5
1.ZA-2022-2:A bill for an ordinance amending Chapter 8,Kaua’i County Code 1987,as
amended,relating to Comprehensive Zoning Ordinance (CZO).The proposal amends
Section 8-1.4 of the CZO relating to Application of Regulations and more specifically,
standards involving the placement,design and construction of outdoor hazard
warning sirens =County of Kaua’i,Planning Department.
2.ZA-2022-3:A bill for an ordinance amending Chapter 8,Kaua’i County Code 1987,as
amended,relating to Comprehensive Zoning Ordinance (CZO).The proposal amends
Section 8-2.4 of the CZO relating to the Table of Uses and more specifically,permitting
requirements for warehouses within the General Commercial zoning district =County
of Kaua’i,Planning Department.
3.ZA-2022-4:A bill for an ordinance amending Chapter 8,Kaua’i County Code 1987,as
amended,relating to Comprehensive Zoning Ordinance (CZO).The proposal amends
Section 8-1.4 of the CZO relating to Application of Regulations and more specifically,
density standards involving parcels that have been partitioned through the
Condominium Property Regime (CPR)process,pursuant to Chapter 514B of the
Hawaii Revised Statues County of Kaua’i,Planning Department.
4.Request to amend Condition No.2 of Class IV Zoning Permit Z-IV-2015-10,Use Permit
U-2015-9,and Special Permit SP-2015-1 relating to commercial tour operations,
involving a parcel situated at 5730 Olohena Road,further identified as Tax Map Key:
(4)4-4-003:045,CPR Unit 3,Wailua Homesteads =Steelgrass Farm.
5.Preliminary Subdivision Map Approval Pursuant to Kaua’i County Code Chapter 9,
Article 3
a.Subdivision Application No.5-2022-8
(BBCP Kukui’ula Parcel X,LLC.ET.AL.)
Kukui’ula Parcel X,Phase 2 Subdivision
Proposed 2-lot consolidation and resubdivision into 4-lots
TMK:(4)2-6-015:010 &011
Köloa (Makai),KOloa,Kona,Kaua’i
6.Final Subdivision Map Approval Pursuant to Kaua’i County Code Chapter 9,Article 3
a.Subdivision Application No.5-2020-7
(State of Hawai’i DLNR /Land Division &Division of Forestry and Wildlife)
DLNR Baseyard Facility
Proposed 2-lot Subdivision
TMK:(4)1-8-008:020
Hanapépé,Waimea,Kaua’i
N.ANNOUNCEMENTS
1.Topics for Future Meetings.
PLANNING COMMISSION —MARCH 22,2022 PAGE 6
2.The following regularly scheduled Planning Commission meeting will be held at 9:00
a.m.,or shortly thereafter,on April 12,2022.The Planning Commission anticipates
this meeting to be held in-person at the Lihue Civic Center,Moikeha Building,Meeting
Room 2A-2B,4444 Rice Street,Lihue,Hawaii 96766.The Commission also anticipates
providing telephone and a virtual platform capability for members of the public to
testify remotely.The Commission will announce its intended meeting method via an
agenda electronically posted at least six days prior to the meeting date.
0.ADJOURNMENT
NOTE:IF YOU NEED AN AUXILIARY AID/SERVICE,OTHER ACCOMMODATION DUE TO A
DISABILITY,OR AN INTERPRETER FOR NON-ENGLISH SPEAKING PERSONS,PLEASE CONTACT
THE OFFICE OF BOARDS &COMMISSIONS AT (808)241-4917 OR ASEGRETI@KAUAI.GOV AS
SOON AS POSSIBLE.REQUESTS MADE AS EARLY AS POSSIBLE WILL ALLOW ADEQUATE TIME TO
FULFILL YOUR REQUEST.
UPON REQUEST,THIS NOTICE IS AVAILABLE IN ALTERNATE FORMATS SUCH AS LARGE PRINT,
BRAILLE,OR ELECTRONIC COPY.
PLANNING COMMISSION -MARCH 22,2022 PAGE 7
Pursuant to Section 8-27.8 (6)of the Kaua’i County Code (1987),as amended,the following
shoreline setback determinations by the Director are disclosed for purposes of public
notification.
SHORFI INF
March 22,2022
SETBACK DETERMINATIONS
Application Name of Applicant(s)Property I.D.Location DevelopmentlReasons
No.(Tax Map Key)
SSD-2022-28 Michael Sheidler 5-8-012:027 Wainiha New single-family residence!
Stable shoreline 77 feet required
setback,Certified Shoreline map
KA-461,proposed residence at
81 feet.
SSD-2022-29 AOAO Nihi Kai 2-6-019:022 KOloa Renovation of existing sewage
treatment plant!Rocky
shoreline,average lot
depth=411.82 feet required
setback 100 feet,proposed
setback 220 feet plus.
550-2022-30 Letters as Numbers,LLC 5-2-004:065 unit 2 ‘Aliomanu Rock wall and entry gate!Rock
and unit 3 waIl extends makai about 420
feet,required setback 109 feet,
proposed setback back 585 feet.
SSD-2022-31 Russell and Bonnie Calderone 4-9-014:026 Moloa’a New single family residence!
Average lot depth of 82.5 and an
erosion rate of .3 tenths of a
foot per annum,required
setback is 81 feet.Proposed
setback is 87 to 91 feet.
SSD-2022-32 PiIa’a Ranch Hawai’i LLC c!o 5-2-004:069 Kilauea Reconstruction of Dwelling
Agor Jehn Architects garage and new pavilion!
Development on high cliff bluff,
proposed setback 298 feet to
330 feet required setback 109
feet.
SSD-2022-33 Diep Nguyen-Mcgee do 4-3-009:053 Kapa’a Deck Repair!Unsubstantial
Lance Yamada improvement.
SSD-2022-34 Gabriel Prieto do KimaniKoa 2-8-020:010 Kilauea Storage to bedroom conversion!
Drafting and Design Rocky shoreline minimum
setback required 60 feet,
proposed setback is 183 feet.
PLANNING COMMISSION —MARCH 22,2022 PAGE 8
1
KAUA‘I PLANNING COMMISSION
REGULAR MEETING
October 26, 2021
Draft
The regular meeting of the Planning Commission of the County of Kaua‘i was called to order by
Chair Apisa at 9:00 a.m., - Webcast Link: https://www.kauai.gov/Webcast-Meetings
The following Commissioners were present:
Ms. Donna Apisa
Ms. Helen Cox
Mr. Gerald Ako
Mr. Melvin Chiba
Mr. Francis DeGracia
Ms. Glenda Nogami-Streufert
Ms. Lori Otsuka
Excused or Absent
The following staff members were present: Planning Department – Director Kaaina Hull,
Deputy Director Jodi Higuchi Sayegusa, Myles Hironaka, Dale Cua, Romio Idica, and Planning
Commission Secretary Shanlee Jimenez; Office of the County Attorney – Deputy County
Attorney Laura Barzilai, Chris Donahoe, Office of Boards and Commissions – Administrator-
Ellen Ching, Administrative Specialist Anela Segreti, and Support Clerk Arleen Kuwamura.
Discussion of the meeting, in effect, ensued:
CALL TO ORDER
Chair Apisa: Called the meeting to order at 9:00 a.m.
ROLL CALL
Planning Director Kaaina Hull: Madam Chair, its 9:00, I think we have all commissioners presents.
Commissioner Streufert, I think you must turn on your camera to come into the meeting. Once
Commissioner Streufert’s ready we can…
Ms. Nogami-Streufert: My camera is on.
Mr. Hull: Thank you, so Madame Chair, I think we're ready at your discretion.
Chair Apisa: Thank you, Kaaina. I call the meeting to order. Can you take a roll call, please?
Mr. Hull: Roll call, Commissioner Ako?
Mr. Ako: Here and by myself.
2
Mr. Hull: Commissioner Chiba?
Mr. Chiba: Here and by myself.
Mr. Hull: Commissioner Cox?
Ms. Cox: Here by myself.
Mr. Hull: Commissioner DeGracia?
Mr. DeGracia: Here by myself.
Mr. Hull: Commissioner Otsuka?
Ms. Otsuka: Here and by myself
Mr. Hull: Commissioner Streufert?
Ms. Nogami-Streufert: Here by myself.
Mr. Hull: Chair Apisa?
Chair Apisa: Here and by myself.
Mr. Hull: Thank you, Madam Chair, we have a quorum. Seven Present.
APPROVAL OF AGENDA
Mr. Hull: Next up, would be the approval of the agenda. The Department has a standard
amendment to the agenda that New Business Items follow their respective Agency Hearings. But
that'll be the only amendment the Department will recommends, New Business Items M, in
directly following their agency hearings and agency item F.
Chair Apisa: I would call for a motion to approve the minutes as amended.
Ms. Nogami-Streufert: I move to accept the agenda or approve the agenda as amended by putting
New Business Item M, to follow its respective Agency Hearing and item F.
Ms. Cox: I second the motion.
Chair Apisa: We have a motion on the floor. Any discussion? All those in favor? Aye.
(Unanimous voice vote). Any opposed? Hearing none. Motion Carried. 7:0.
MINUTES of the meeting(s) of the Planning Commission
Mr. Hull: Next, there is no Minutes for the record.
3
RECEIPT OF ITEMS FOR THE RECORD (None)
Mr. Hull: There are no Receipt of Items for the record exception of the agenda (inaudible)
supplements and transmittals of testimony for the application of Phillip J. and Linda M. Green. As
well as for the Kawailoa Development LLP.
HEARINGS AND PUBLIC COMMENT
Mr. Hull: We will move into oral testimony, and I'll turn this over to Jodi. What I'm seeing in the
attendees list is that there are fewer attendees that have registered to speak with us, and I have an
understanding that some of the individuals that are signed in as attendees have multiple people at
their site that did indeed, previously register. So, if you're called upon to testify for 3-minutes, and
you have another individual at your site that did previously register, please let Jodi know so that we
can also entertain and hear their 3-minute of testimony as well. With that, I'll turn it over to Jodi, to
call out those that requested to present orally or visually to the Planning Commission.
Deputy Planning Director Jodi Higuchi Sayegusa: Thank you. Bear with us we're doing the best
we can to try to manage it with the virtual platform setting. So, with that, first up on the list we
have Annie Torio. When you're able to, if you could unmute yourself and put your video on and
then, you'll be able to and will start timing you at that point. Annie Torio? Annie, are you there?
Chair Apisa: Maybe, move on and then we could come back to that, if she indicates that she's
present.
Ms. Higuchi Sayegusa: Okay, I see her there. Okay. There she is. Okay. Annie, you might have to
unmute yourself now.
Ms. Annie Torio: Kalamai. We're hoping that we could present from Kapua Chandler's computer
because she has a laptop, and we're going to have the kids Oli. So, is that possible to share my 3-
minutes with Kapua Chandler's (inaudible)?
Chair Apisa: But I think we did this in the past and I was instructed, we need to stick to who was
registered to testify. Is that correct, I believe?
Ms. Higuchi Sayegusa: Yes, I think.
Mr. Hull: Madame Chair, just to double check. Kapua Chandler was pre-registered. I think what's
happening Chair, is both Kapua and Annie are at the same site. We're having technical issues. So
Kapua did indeed register.
Ms. Kapua Chandler: Sorry. Just to add to what you said earlier, Kaaina, we have Piinai is also
with us and Lopaka Chandler and then there's three other kids who registered Kai and Kadence and
Tucker and they're not giving testimony. So, Jodi, kalamai. You can take those out, but I can do
that, they are ready to go, and I’m in their classroom at Kilauea school. So, they have to be in
bubbles outside if multiple classes come together, that's why we want to do it on the laptop just so
that I can move outside because Annie is on the desktop in the classroom.
4
Ms. Higuchi Sayegusa: Okay. I moved you into it so, if on your laptop, you can go ahead and start
unmuting yourself.
Ms. Chandler: Can you hear us? (inaudible).
Ms. Higuchi Sayegusa: I can hear you, am not able to see you just yet. Okay, there. So, I'm going
to start the timer.
Ms. Chandler: Anna, you can come close, Anna, since you want to do the intro. Come on Anna, so
they can here you.
Ms. Higuchi Sayegusa: I’m going to start the timer. You have three minutes.
Ms. Chandler: I tell them what you're going to do.
Ms. Anna Vaughan: My name is Anna Vaughan. Today, me and some fellow schoolmates stand
before you today to sing the Kilauea Oli. This Oli was written and composed for the Kilauea
school. It talks about the importance of Nihoku to the Kilauea community members. Here is that
special Oli.
[School students Hawaiian language chanting (oli).]
Ms. Chandler: Okay, Piinae and this group and Lopaka, you can come with me. Jodi, is it okay to
go into Piinae and Lopaka?
Ms. Higuchi Sayegusa: Sure. I'm going to restart time. Again, that was Annie Torio, I guess?
Ms. Chandler: Sorry, I was muted and I'm listening to from another classroom, Kalamai. The
classroom behind me. That's okay?
Ms. Higuchi Sayegusa: Yeah. So just to be clear that was Annie Torio. So, we're going to move
on to Piinae.
Ms. Chandler: Yep, Vaughan. Okay I'm going to just put it right in here it's not as good of a view
but it's better acoustics. Okay, let us know and they can begin.
Ms. Higuchi Sayegusa: Okay, you can begin.
Ms. Piinae Vaughan: Hi, we are Na’e, Alayah, and Ilima, and we think strongly that you should
not your build your house on Nihoku, because it is important to us and the birds. Also, because it
represents Kilauea. Nihoku has many memories and his home too many endangered birds that
machines could hurt.
Ms. Na e: Hi, I’m Na e. I go to Nihoku alot. I have been going to Nihoku my whole life.
To me, Nihoku is a place where you can connect with the `aina. One memory I remember is of me,
my brother, my sister, and a few other kids played hide and seek in the tall grass in Nihoku. It was
so tall that you cannonball into the grass.
5
Ms. Alayah: Hi, it’s Alayah. Nihoku is where I took my first and funniest field trip. It was so fun
when we rolled down the hill and saw the nesting birds. Please protect them and don't build the
house.
Ms. Ilima: My name is Ilima, and some my favorite memories are actually at Nihoku. When I took
my horse out of the pasture, and he ate lots of tall grass, ever since then my horse trusting. These
are some of many memories that took place at Nihoku.
Ms. Piinae Vaughan: We're proud that Nihoku represents Kilauea. These are some of the reasons
why you should not build your house on our mauna. We would like it if you would not build your
house on the Nihoku. Mahalo.
Ms. Chandler: Awesome job girls. Thank you. And then now I have Lopaka. Is it okay to go,
Jodi?
Ms. Higuchi Sayegusa: Go ahead. Thanks.
Mr. Lopaka Chandler: Aloha, my name is Lopaka Chandler, and I'm born and raised in Kilauea.
My kupuna is from this place. I think that we shouldn’t build the house on Nihoku, that's because
it's the bird sanctuary, and it's the volcano that made Kilauea. And I'm afraid that the birds might go
away and find a new home and live somewhere else. People walk up the crater hill every day, and
a house built on that part of the mountain would ruin it. This mountain is special to the Hawaiian
people, putting a house on the Nihoku would change Kilauea forever, and it's not appropriate and
does not belong there. Thanks for listening. Mahalo.
Ms. Chandler: Okay, I know there's me, but I can go whenever you're ready.
Ms. Higuchi Sayegusa: Okay yeah, I'm just going to try to go down the list that I have, and you
can just clarify whether they're testifying. Next, I have on the list is Kadence Saenz.
Ms. Chandler: So, Kadence is a no.
Ms. Higuchi Sayegusa: Okay, I got. Next is Kyan Young.
Ms. Chandler: That's a no.
Ms. Higuchi Sayegusa: Next, is Tucker Constantino.
Ms. Chandler: No.
Ms. Higuchi Sayegusa: Okay. Next, I have Shyla Kainau Villanueva.
Ms. Chandler: Yes. Did Shyla register? She's not here I'm not sure. She…
Mr. Hull: Jodi, you have to bring her in on your end.
Ms. Higuchi Sayegusa: Yeah, I got it. So, I'm going to, Kapua, I'm sorry, if I could, I'm just going
6
put you back, then bring you back again, just so I can manage it you know, and go in order on my
list. Thank you.
Ms. Chandler: Thank you so much. The kids have class and stuff, so we really appreciate them
being able to go one-time. Mahalo Nui, I'll jump off now.
Ms. Higuchi Sayegusa: Okay. Shyla are you are you there? If you're there, could you please
unmute yourself and put your video on. Okay, Thank you.
Ms. Shyla KaninauVillanueva: Aloha.
Ms. Higuchi Sayegusa: Okay. You can begin.
Ms. Villanueva: Mahalo. My name is Shyla Kanainau Villanueva. I am a lifelong resident of
Kilauea. And I'm testifying in opposition to the request is special management areas permit for
Seacliff Plantation development (inaudible). Last hearing, I told a story about how a field trip to
Nihoku, inspired my education and career path and environmental cultural conservation in Hawaii,
and today, I'm going to share another story. My father used to work within the gated community of
Seacliff’s when I was about six or seven. And after he worked, he would drive us up to the cull de
sac lookout just below Nihoku. And he would point to each bay along the coast both north, west,
and east, and he would test me on all their names. He would ask me where the wind is coming
from? What I thought the tide was doing? And what I thought the weather would be like the next
day or within hours. And so, this is where I learned how to kilo. And shortly after that, came a time
where stricter privatization and more construction of the Seacliff area, made it difficult for him to
be there. And I recently asked him about this, and he vividly recall the feeling of alienation, but
also that Nihoku, is a really special place because of its vast and all-encompassing vantage point.
This would inform him as well as some, as well as some of my uncles in their decisions to go holo
holo or to go fishing. And this would determine if we had fish to eat, which is our main source of
dietary protein. He hasn't been up to Nihoku since, and this was over 15 years ago.
Unlike my previous story, I don't tell this one often if not at all. But it attests to the past and
continued impact that development on Nihoku has had on Kanaka `Oiwi who live in this area.
Nihoku also holds space for mo`olelo, home to Akua, and Aumakua and is home to native coastal
plants that have rich ethno botanical value, that have use in hula, food, and medicine. Near Lot 11.
A., is a native plant restoration area within fish and wildlife. And within the area are Kauai endemic
plants that are facing the pressure of extinction, (inaudible) or Po kala being one of them. As a
previous Kupu intern, I studied the seed dormancy and ecology of (inaudible), and it is well known
that the fruits are heavily impacted by the prediction of rats where seeds are severely damaged in
the process.
Nihoku is also home to part of the largest population of nesting seabirds in the main Hawaiian
Islands. Nesting seabirds including many Nene, Moli, `Ua` Kani, and `A`o as well as Pueo.
All of whose feathers are used in feather work, as well as a well-documented and important ethnos
zoological relationship for Kanaka `Oiwi. The proposed development would be at the highest point
on the slopes of Nihoku, closest to the refuge. Multiple associated impacts include grading,
construction, interior lighting, and availability of foraging for rats. The proposed development
further fragments potential future bird nesting and coastal native plants…
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Ms. Higuchi Sayegusa: Three minutes, Chair.
Ms. Villanueva: Needed in the face of climate change; I think it's important to acknowledge such
development continues to marginalize not only Kanaka `Oiwi cultural practices but also native
avian and plant life in the area, who are quite literally being pushed towards the edge. So, I'm here
today, to humbly ask that the Planning Commission deny the requested permits, and that future
time, to acquire proper cultural analysis, and environmental impact statements to follow.
Mahalo Nui, for your time.
Ms. Higuchi Sayegusa: Thank you. Next, registered speaker is Na Kia`i O Nihoku. If you folks
could identify further who would be talking, I just want to make sure we have them on the list.
Mehana Vaughan: Kalamai. Me ke aloha. wanted to offer this `oli which was submitted in written
testimony…
Ms. Higuchi Sayegusa: I'm sorry, if you folks could just further identify who is within the Na Kia,
your group.
Ms. Mehana Vaughan: My name is Mehana Vaughan, I grew up in the Kilauea area just near
Nihoku. I and my ohana has been taking care of this area for three generations learning about and
working to protect this area.
Ms. Jessica Kaui Fu: I’m Jessica Kaui Fu. We have Hoku Cody, and Ann Eu.
Ms. Higuchi Sayegusa: Okay, go ahead.
[Group Hawaiian language chanting (`oli)]
Ms. Higuchi Sayegusa: Thank you. Okay. Next on our list we have Bryn Webber. Bryn Webber,
when you're ready, if you could identify yourself, unmute yourself and put your video on. Ms.
Webber are you there? You know, I'll come back to Mr. Webber. Next, on the list is Ann Eu. I
don’t see you on the attendee list. Next, we have Mehana Vaughan.
Ms. Kaui Fu: Go ahead, Mehana Vaughan.
Ms. Higuchi Sayegusa: Sorry, I'm sorry. Okay.
Ms. Kaui Fu: Since we're all together we're having a hard time logging out of our first things. Next
person getting on the computer. So, we have Anna and Mehanna both on this computer, that's okay
to proceed that way?
Ms. Higuchi Sayegusa: Yeah. You know what I see a Bryn has been able to come back so I'll come
back to you folks, if that's okay?
Ms. Kaui Fu: Mahalo.
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Ms. Bryn Webber: Yes, they just had to add me back in and it took a second.
Ms. Higuchi Sayegusa: Go ahead.
Ms. Bryn Webber: Aloha, Planning Commission, Chair Apisa, Vice Chair Cox, and Honorable
Kauai Planning Commissioners. My name is Bryn, I’m here today because I believe that my
background and experiences can provide insight to the ecological significance and potential
impacts of this proposed construction on the Nihoku Crator Hill area. No, I’m not from here, but
over the past five years of living on Kauai, I have developed a deep respect for the Hawaiian
culture in this community. Nihoku and Crater Hill are important cultural sites for practicing
ceremonies such as Makahiki and it saddens me to see increasing development and decrease public
access to the sacred sites. I oppose the development altogether and suggest that the Commission
deny the permit for development. In 2016 and 2017, I worked for the Kupu Conservation Leaders
Program Station at Kilauea Point Refuge. I spent countless days working along Crater Hill and
Nihoku monitoring nest of endangered Nene and Albatross. I used to drive by this property every
day on my way to work and recall seeing many nesting Nene in these native Naupaka bush's. These
parents would be displaced from the property if it is developed. I've also seen firsthand, the
thousands of native sea birds that rely on this area for nesting and resting. And the last several
years, Albatross have returned to nest on Crater Hill meters away from the property. The Nihoku
Restoration Project Three-hundred-thousand-dollar Preditor proof fence is only a few hundred
meters away from the proposed development. This restoration project is the most important one of
the most important sites for the recovery of two critically endangered species, the Hawaiian petrol
and the Newell Shearwater. These species are declining rapidly. Studies shows 78% and 94%
population decline just in the last 20 years. Recent research from Kauai, has shown that the leading
causes of decline or due to power line collisions, light attraction, and habitat modification. I don't
have time to explain, but I'm sure that many of you are familiar with this problem of seabird light
attraction and the concept of fallout. Likely, close to a million dollars have been spent by the
federal government to trans locate chicks from mountain boroughs to the Nihoku restoration site
over the last five years, in the hopes of making a new colony, free of predators. This year was the
first year that they have seen a few chicks returning as adults to their boroughs and attempting
nests. These returning birds are evidence that these labor-intensive efforts to hand rear chicks are
working, and they're on their way to establishing a new colony. This development is a huge issue to
the success of this restoration project, as it is not a matter of if the lights from the construction
projects and buildings, but when these lights, cause young birds to become disoriented crash into
the ground and die. I believe this development and others in the area undermine the integrity of this
important and it's expensive at conservation project funds that are extremely hard to come by.
There are many obvious reasons why the property is within the county natural land use designation,
and a scenic/ecologic resources Special Treatment District Area. This requires the commission to
protect land and water areas with unique natural forums biologic systems or characteristics…
Ms. Higuchi Sayegusa: Three minutes, Chair.
Ms. Webber: Of value to the general public. Today, for the community and the birds, I simply.
I am simply asking you to uphold this agreement. Thank you.
Ms. Higuchi Sayegusa: Thank you. Next, next speaker, we have is Ann Eu, followed by Mehana
Vaughan.
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Ms. Mehana Vaughan: Anna will be testifying from Milan (inaudible).
Ms. Higuchi Sayegusa: Thank you. Okay, go anytime.
Ms. Ann Eu: Aloha, my name is Ann Eu. I'm a resident of Kilauea and Moloa’a for the past
(inaudible) years. Nihoku is important to my family and I because it is the iconic and guardian
presence above the area where we spend the most time together and where we surf, fish, and gather.
I also work at Kahili Beach Preserve as a steward here to Kauai Land Trust. We strive to provide
educational opportunities for keiki for many schools on Island, where they may learn about land
preservation and conservation, river mouth estuary ecology, as well as native seabird habitat,
behaviors, and migration patterns. I am very concerned that the proposed houses, would impact the
many seabirds who call the area home. I also strongly feel that this house would forever ruin the
experience of this vital place, the most visible part of this majestic and highly cultural significant
peak above Kilauea for future generations of Kilauea, and Kauai’s young people. All of the times,
I have been able to access the upper reaches of Nihoku have been for hula and ceremony, to learn
of these special places, to learn place names of the area and their meanings, for Makahiki
observations, and also to kilo drinks, solstices, and equinoxes, as well as to Malama `aina with Na
Kia`i o`ni. This have all been under the conditions of obtaining Special Permits to access this place.
Yet, it is now reserved for the few who can afford to live in the only gated community on this
island. I can only imagine how wrong this must feel for descendants of people buried here or
people who grew up in Kilauea town all their lives. I have through the years volunteered many
hours with several nonprofit organizations caring for such places as Nualolo, Kalihiwai, Kahili
Beach, as well as Nihoku, and from all of these I have experienced the truth of the Olelo noeau ma
ka hana ka `ike. From every place all I have had the privilege to learn has come from quiet time
working and listening to the land. This cannot happen if there is a house with occupants living in it
right there listening to their Netflix and cars driving in and out, whether or not they have shielded
lights are dropped the roofline or paint the house and matching color with the surroundings. As a
non-native Hawaiian who has been involved in the cultural practice of hula, aloha, and malama
`aina, I know for the past 20 plus years. I am constantly completely humbled and awestruck by the
depth and breadth of knowledge and understanding that the ancient Hawaiians live with. Their
understanding of the interconnectedness of our surrounding environment, the air we breathe, the
land we walk upon, the rains, the waterways, the winds, the Pacific Ocean, that surrounds us, and
the relationships between all these things and all the creatures on land, in air and in sea that inhabit
it…
Ms. Higuchi Sayegusa: Three minutes, Chair.
Ms. Eu: Not just (inaudible). When, if you ever have the privilege to stand quietly and
contemplation upon this special place. I believe the answer to you would come that it is completely
inappropriate to build upon the slopes. I am asking you to make a decision that will forever
preserve and protect a place so sacred and special. Mahalo.
Ms. Higuchi Sayegusa: Next, we have on our list Mehana Vaughan, followed by Derek Gill.
Ms. Mehana Vaughan: Aloha, (Hawaiian language). Can you hear me, alright? (Hawaiian
language). Aloha, for the wonder of Nihoku, wells up with within me, and for the flying of all the
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birds that flipped and soar here and there, at this hill of Palani ki kapua. I am coming to you today
with an update on our progress since the last hearing, because in the last hearing you intrusted Na
Kia`i o Nihoku with great kuleana of negotiating with the landowner an applicant. I have
submitted for my testimony, a timeline of progress and steps we have taken and work since that
day. Just to summarize, we met with the applicant twice including just within three days after the
hearing, we were able to tour Romeo Idica, of the Planning Department. Mahalo, Romeo. We have
also drafted Conditions submitted them to the applicant on September 26, and then heard nothing as
of the morning of October 20th. We had absolutely no response. So that led us to the point to
meeting to make decisions and we just wanted to emphasize that members of our hui have worked
tirelessly in multiple hui meetings and outreach to community members to ensure that this
negotiation is a collective process that includes kupuna wisdom and captures concerns of
Kilaueaians, cultural practitioners, ecologist, and others for this vital place. We have read the
testimonies that came in, over 160 individuals as well as the 48 today, who have testified in
opposition to the dwelling and associated construction. Collectively, if contributed over 200 hours
of we have community volunteer effort towards this negotiation process. We want you to know
we've done our very best and have been concerned that we could have a substantive response
within time, to vet it with the broader community and reach agreement. We remain committed to
protecting the cultural ecological and community significance of Nihoku and we are grateful to the
Planning Department and Commission for the opportunity and kuleana you have entrusted us with
and for your time, as volunteers. And we thank you for all that you do. Mahalo.
Ms. Higuchi Sayegusa: Thank you. The next registered speaker we have is Derek Gill, followed
by Puakia Mo`okini Olivero. Mr. Gill when you can, please put your video on and your audio.
Okay. Go ahead.
Mr. Derek Gill: Aloha, Planning Commission Officers, Commissioners, Directors and staff, and
community members. My name is Derek Gill. I am a Kauai property owner, and a malihini.
I thank you for the opportunity to testify this morning. The permit applications before you are for a
massive individual family residence that is on a parcel that falls under multiple special treatment
county level zoning designations. These designations are intended to protect the land, the ecology,
and the community from exactly this kind of non-compatible residential building project. In this
case, a non-compatible residential building project solely for the benefit of one family that intends
to cut and slice into the side of Nihoku, forever scaring the land. Forever altering the flow of
weather and drainage patterns in the area. Forever altering the habitat of our seabirds who
desperately need new habitats free of feral cats and other predators and rising seas, forever altering
the vast unobstructed lines of sight to neighboring moku’s and ahupua`a’s, I sorry, I'm still learning
Hawaiian, unique to this area that are currently available to traditional Hawaiian cultural
practitioners, forever altering the ability of native descendants to fully imagine them
history, and forever altering the sense of spaciousness that makes Kauai, unique, special, and
powerful. In addition to your kuleana as the Planning Commission to uphold the spirit and intent of
the special treatment zoning designations. It is my understanding that according to the Hawaii
Supreme Court's ruling on Ka Pa`akai O Ka `aina versus Land Use Commission as county decision
makers, you are required to perform the three-step Ka Pa`akai analysis prior to rendering decisions
that may impact cultural resources sites, and associated practices. There are many who will testify
here today, that are more qualified to speak about the specific Hawaiian cultural practices that will
be negatively impacted if you are individually and as a Planning Commission vote to grant these
permits, I strongly urge you to follow the legal guidance of the Hawaii Supreme Court ruling and
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allow this Ka Pa`akai analysis to take place before making your decision. I urge you to grant in our
Na Kia`i O Nihoku, their petition to intervene and represent the public's interest on this matter.
I also hope, that everyone involved in this decision, including the landowners will take this
opportunity to reflect on why they are drawn to live on Kauai. While the solely Western mindset
might be most excited about the capital appreciation potential, which in itself is not bad.
but that is not what makes Kauai unique. Kauai is special and unique because there are many
diverse cultures present, Kauai is special and unique because of the ability to look in all directions
and enjoy nature without the eyesore of overdevelopment. Kauai is special and unique because of
the native culture of being in relationship with the land, and not just seeing the land as a resource to
be extracted for human consumption and enjoyment. We are on the precipice of losing this native
perspective and influence.
Ms. Higuchi Sayegusa: Three minutes, Chair.
Mr. Gill: Due to dwindling Hawaii population numbers, if those of us Malihini’s don't adopt these
perspectives and practices, we will destroy the spirit of the land and it will turn into yet another
economic casualty devoid of what drew us you're consciously or unconsciously to begin with.
Without spaciousness we are not able to cultivate these practices that bring us in relationship with
the land, when a site of cultural and spiritual practices boarded by private residence it necessarily
creates an inner contraction. That is the opposite of what the native practices are intended to elicit
this in my opinion is the essence of why this development is culturally inappropriate. In closing, my
understanding is that the Kilauea communities work to protect the slopes of Nihoku from
development for over 40 years. The proposed single-family compound would forever impact the
views and feeling of space and place at the area ohana love and enjoy together. Let's not sacrifice
this for the benefit of an individual family, and individual family that made this purchase with full
knowledge of the three layers of zoning and conferences that were pertinent to the land. I
encourage the Green family, to consider the compromises that have been proposed. Thank you,
again, for the opportunity to testify and for your earnest consideration of its content. Mahalo Nui.
Ms. Higuchi Sayegusa: Next registered speaker is Puakea Mo`okini-Olivero, followed by Olan
Leimomi Fisher. Okay. Whenever you're ready Ms. Puakea you can unmute yourself.
Ms. Puakea Mo’okini-Oliver: (Hawaiian language) Puakea Mo’okini-Oliver (Hawaiian language). I
am testifying today, in support of Na Kia`i o Nihoku in their petition to intervene and represent the
public's interest on this matter. From 2017 to 2019, I was a biological field technician and field
crew lead for Maui Seabird Recovery Project for the United States Fish and Wildlife Service on
Midway Atoll within Papa Hanau Moku Marine National Monument. From my experience in the
settings, I can without reservation say that the proposed house would be a detriment to the existing
populations of nesting seabirds on the cliffs of Nihoku. The ecological importance of seabirds and
nutrient cycling on coastal and mountainous landscapes, underline the cultural importance of these
long-lived species. Sea birds and their wings counterparts are valued for their abilities to frequent
the (inaudible) where our deities reside. Several species such as the Moli and Kahuku are
especially important for embodying the mana of certain deities, the Kou`e ula and the Kou`e kea,
and Eva are indicators for Ho`okele and Wa’a people. Because of the close proximity to the
colonies, it does not seem reasonable that shielded lights alone would mitigate disturbances to the
Manu. One meaning provided by the name Kilauea is spewing, taken literally, it describes the
vulcanology and current activity have Tutu Pele in her home on Halemaumau. I can't help but like
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in Kilauea to the incredible amounts of testimony that has the fallen upon the Planning Commission
for review. The tremendous amount of information Na Kia`i O Nihoku has provided, not only to
the applicants and the Planning Commission regarding their concerns, but broadly to the
community is impressive. What's more is the depth and breadth in which the proposed 12,000
square foot structure would significantly impair the traditional and customary practices of this
place. Further, the `ike, mo`olelo, mele, oli, and support from across Kauai and the pai `aina for
Nihoku seems also to be spewing forth. I admire their permit applicants that initiated community
comment on this process from beginning. However, the lack of significant changes to original plans
raises the question whether community comments is being heard? After all, it is now the Planning
Commission's duty to act in accordance with the volume of knowledgeable community input
provided. In a Hawaiian worldview, `aina is everything that constitutes life, from the ecological,
geological, and astronomical to the winds, rains, and animals are not only deities but our ancestors,
our history, our present, or future. Impacts on any of these resources is an impact on cultural
resources, an impact on our places is a detriment to our ways irrevocable changes last for
generations. We're still living in echoes of this today. It is my hope honored Planning
Commissioners, that your compassion for Nihoku, and all that it shares and provides can spew forth
and understanding of Na Kia`i O Nihoku who's position and approve their petition to intervene in
the permitting process of the applicants. Aloha `aina, mahalo.
Ms. Higuchi Sayegusa: Next register speaker is Olan Leimomi Fisher, followed by Billy Kenney
Jr. Okay.
Ms. Olan Leimomi Fisher: Aloha mai kakou. My name is Olan Fisher and I'm testifying on behalf
of Office of Hawaiian Affairs. We appreciate the opportunity to offer comments on this matter
before the Commission. Based on the agenda packet for today's meeting, it is still unclear whether
a Ka Pa`akai Analysis has been performed by the County regarding this proposed project. OHA
recommends that before deciding today, regarding Agenda Item F.1.a, that the County,
take the time to meaningfully engage with the Ka Pa `akai Analysis, which requires specific
findings and conclusions when considering a petition, or when rendering and decision that may
impact Native Hawaiian traditional and customary practices. These three parts frameworks provide
a mechanism to not only protect Native Hawaiian Right but also allows the County to review and
analyze all the necessary factors to reach an informed decision that balances the competing interests
and legal rights. Planning Director’s preliminary recommendations, only address the use of
downward facing shielded lights and darker tone colors. However, there has still been no
determination about whether these recommendations will in fact protect Native Hawaiian
traditional and customary rights. There's been no mention of other possible actions to protect
Native Hawaiian traditional and customer rights. And there has been no mention of the many other
suggestions that Na Kia`i o Nihoku, propose. Also, regarding the intervening status of Na Kia`i o
Nihoku, while the status is certainly not a replacement for the County's Ka Pa `akai analysis,
it would help to better protect Na Kia`i o Nihoku’s constitutionally protected rights to engage in
their traditional practices, as well as to help better to develop the record to bring clarity to the
issues, and hopefully better developed potential solution and pass it forward.
In conclusion, OHA would just like to remind you all at the County that you all have a
constitutional duty as described by the Hawaii Supreme Court in Ka Pa`akai, to fully consider the
resources, site, and practices of the sacred place, and to take all the necessary actions to reasonably
protect them and deliver on decision making processes. OHA urges the commission to please, at
the very least conduct a Ka Pa `akai Analysis before making any decisions regarding this item, and
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to really listen to the many voices of the community here today. Mahalo Nui, Commissioners, for
all your hard work for Kauai, please take care. Aloha.
Ms. Higuchi Sayegusa: Next register speaker is William Kenney Jr. followed by Hoku Cody.
Mr. William Kinney: Aloha, can you hear me?
Ms. Higuchi Sayegusa: Yes.
Mr. Kinney: Aloha, again. Mahalo, for your time, Commission. Aloha for the record, my name is
Billy Kinney, currently a resident of Kilauea. I've been on record saying all kinds of culture stuff.
So, I wanted to officially state, my hopes that a proper internal cultural impact statement or cultural
survey would be done by the County before I even really entertaining this permit. But I would
really like to digress a little bit and talk about subdivision. Particularly, how subdivisions like
Seacliff gated community, can continue to really consolidate this type of like land tenure and like
development desires that really degrade traditional and customary practices, properties, and access.
And so, to do they really degrade the possibility of (inaudible) and sort of the reinvigoration of
those practices are the general area too, right? And so, the reason why I kind of zoom out a bit, is
because when really, when identifying culturally significant places and practices, it’s kind of
insufficient to solely base those distinctions on artifacts and experiences, and practices done
concentrated in a small defined area that is really kind of bound by arbitrary boundaries. And so,
Kehau (inaudible), she uses this idea of distribution archaeology, where we apply like our regional
rather than a cyclable focus. So, my point is this kind of allows archaeology and cultural records to
be thought of as more of a continuous distribution of experiences and artifacts over the surface of
the land, right? Rather, and then at varying frequencies and density. So, the process is really what
gets me here, and analysis archetypes like Ka Pa `akai don’t necessarily kind of fail to address the
future of traditional and customer practices, and some and the surrounding community regarding
cultural life ways. So, the concept of subdivision along with faulty analysis, really leads us to more
Eurasia rate of people and culture, and what they call degradation principal or cultural natural
resources, lose legal protections, as land has already suffered these substantial adverse impacts.
And then at that point, it doesn't matter if we keep chipping away at it right. So that's, that's a
terrible thing, and so traditional customer practitioners do exist on the specific site out.
I will go on record and say that. And the continuation of those practices of this region really
depends on the integrity of that site. And I don't know if I'm allowed to talk about intervener or the
petition, but I'll just stop there. Thank you.
Ms. Higuchi Sayegusa: Thank you. Next register speaker is Hoku Cody followed by Jessica Kaui
Fu. Cody, I think you can just unmute and put your video on whenever you're ready.
Ms. Hoku Cody: Aloha.
Ms. Higuchi Sayegusa: Whenever you're ready to begin.
Ms. Cody: I wanted to take my time in the testimony to read the testimony of Ryan McCormick
who already submitted. And I just wanted to make sure that was, okay?
Ms. Higuchi Sayegusa: Sure. Yep. It's your time to testify so you have three minutes. Okay.
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Ms. Cody: To whom it may concern. My name is Ryan McCormick, and I am the Kuma hula of
Maunuunu a school of traditional Hawaiian dance, in Kea`au, Hawaii, my `uniki rites were
conferred in 2014 through Unukupukupu under the tutelage of Dr. Taupouri Tangaro, who was
ordained as a Kumu hula in the lineage of Halau o Kekuhi and the Kanaka`ole family. We are
practitioners of the Hula Pele, the ritual dance form of the descendants of the Pele clan.
The chants and dances of our lineage record the ongoing relationship between people and the
volcanic forces of this archipelago. It is through this work of carrying this tradition that I was first
introduced to the landscape of Nihoku. In 2016, I was asked by Na Kia`i o Nihoku to share stories
and perspectives about the many mythological, genealogical, and geological between the landscape
of Hawaii Island, and that of Kauai explicated in our traditions. Of the many place names that
encompass Nihoku that do indeed, affirm its status as a wahi pana there are multiple overt
references to the Pele’s family. (i.e., Kilauea, Na Kaikaina), which underscores the importance of
this region in the living myths of Pele and her family, and the practitioners tasked with keeping
those rich didactic narratives alive for generations to come. Nihoku itself provides the ideal
location for a pa hula, or designated space for ceremonial dance and chant offerings, and haumana
from our Halau, we're privileged to share the hula as part of the Makahiki ceremonies there in
2017. As well as Mo`olelo and mele confirm, Nihoku, and its surrounding wahi pana, have been
areas of cultural and religious significance for centuries and continue to be so for Kanaka Maoli
and practioners of Hawaii life ways. Any development that would restrict or interfere with the
preservation of these lands, wildlife conservation efforts and access to the area by cultural
practitioners and lineal descendants of original inhabitants would be tantamount to an assault upon
the culture and traditions of these lands and would further erode the foundation of traditional
knowledge so critical to understanding our collective human relationship to this landscape off
Hawaii. Therefore, I am in opposition to the proposed development upon the Nihoku. `O au iho no
me ka `oia`i`o, Ryan McCormick. Mahalo.
Ms. Higuchi Sayegusa: Thank you. Next register speaker is Jessica Kaui Fu, followed by Kaua
Chandler.
Ms. Jessica Kaui Fu: Aloha, can you hear me?
Ms. Higuchi Sayegusa: Yes.
Ms. Fu: All right, Aloha honorable Planning Commission. I think the best use of my few minutes
here today, is to echo the voices of the kupuna of this place, and I'm on I'm sitting here alongside
Gary Smith who is like a lot of kupuna in our community have a hard time with the technologies of
today. I just wanted to convey their voices today, and I'm their concerns for protection of this place.
And, and the progress that they have made through the generations. So, I'm going to tell a little
story about Uncle Gary when he led a group of hula practitioners from through, from our respective
islands they gathered here and went on a Hua ka’i to Nihoku. And they were blown away at the
experience that they had in this special, special place; they saw it. They felt it. And on that day,
visionaries like Uncle Gary who stood up for this place and stuck up for this place. It was very clear
and apparent to this coupon or here that sits beside me what this place needed, and that is
Hawaiians, the lei o of Hawaii, voices of a Hawaii to return and to take kuleana and stewardship of
this place, and to grow the historical and cultural aspects and important, and the importance of this
place for all of Hawaii. For the Kilauea community, Kauai community, as well as all of Hawaii.
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We see the archaeological evidence of Hawaiian uses of the crater. And, and many yet that have yet
to be uncovered. One cannot go there without coming away with the feeling that this place is truly
special a wahi pana, a place that rings with resonance within you. And that feeling is something
that is perpetuated through our Hawaiian practices, our customs, and traditions. And over time, we
are continuing to learn what Nihoku means the protruding tooth, and that even though it belongs to
the ahupua’a of Kilauea, it had its own famous chief (inaudible) Kapua, which was mentioned in
earlier testimony, complete with its own wind (inaudible), that was first uttered in the chance by
Pele herself when she named off the winds of Kauai. Nihoku must have been a significant place
for the people of old, yet for years, Uncle Gary states, that we called it Crater Hill. These places are
special and significant to the Hawaiian people, and the community, and during those years, there
were historical accounts of railroads being up on the slopes, cattle being raised up there, and the
flora and fauna trampled. And warehouses, dumped garages, things, a whole bunch of different
things, and he realizes that this kind of activity and building on the mountain is disrespectful. And
what needs to happen is a kuleana to restore the specialness of this place and restore of customer
practices is of utmost importance. To encourage on the transmission of mo’olelo, that was only
captured in the oratorios and the histories of Kupuna. They were never written, they were from,
they were, the Kilauea community knew they were important. They orally transmitted these things.
And our group is the one to carry on these traditions…
Ms. Higuchi Sayegusa: Three minutes, Chair.
Ms. Fu: And push this unwritten literature into the practices and customs of the future generations.
And so, we are here today, to oppose the permit and encourage you all to really dig deep into the
importance of this special cultural landscape and place for traditional customary and cultural
practices. Mahalo.
Mr. Gary Smith: Mahalo.
Ms. Fu: (Hawaiian Language) uncle taught us and other things so we just Mahalo, for your time,
and for hearing our concerns. Anything else uncle?
Mr. Gary Smith: Well, I'm of the neanderthal compared to these wonderful spokespersons for Kia`i
Kilauea. Well, I couldn't have left this kuleana in better hands. That was one of my concerns, how
do we carry on the kuleana after you work so hard on something to preserve a land and keep the
Hawaiian voice there? How do you perpetuate the kuleana? It's a, it's a hard task. It's a long, it's a
lifelong job. And I'm so glad you see today, what kind of leadership we have here is, it's awesome.
I'm in awe and just continually inspired by this group of young people. I'm the old guy was once
the young guy, who worked very hard and could accomplish things but.
Deputy County Attorney Laura Barzilai: Chair, pardon me. (Inaudible) unregistered speaker
Madame Chair.
Mr. Gary Smith: I'm still here on earth I want to be here a long time but (inaudible) this kuleana. I
can relax now. Mahalo for your time.
Chair Apisa: Gary, thank you.
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Ms. Higuchi Sayegusa: Thank you, last registered speaker is Kapua Chandler. Whenever you're
ready you can unmute and put your video on.
Chair Apisa: After this speaker, we'll take a 10-minute break and then we'll resume.
Ms. Higuchi Sayegusa: Miss Chandler.
Ms. Kapua Chandler: Aloha. Can you folks hear me?
Ms. Higuchi Sayegusa: Yes.
Ms. Kapua Chandler: Kalamai. You just missed the bell, it's a nice song that they play over here in
Kilauea. Aloha, Honorable Planning Commissioners, Director, and Staff. I just first, want to
express my gratitude to all for taking time to make the hard decisions for the future of our county.
And I just really appreciate all the time and the work that you do for our island. My name is Kapua
of Chandler, and I am a lineal descendant of Kilauea and Kahili, lands that my kupuna are buried
on. And I'm testifying today, in opposition of the SMA permit and agenda item one. I recently
finished my doctorate in education. And I've since returned home to serve as an educator in our
community. This past summer we organized a summer program which took keiki who are
intergenerational connected to the ahupua’a of Kilauea through rigorous `aina based learning.
Majority of our ability to access `aina was granted by private landowners and rarely was `aina
publicly accessible for our youth. As a community member who has lived my entire life in Kilauea
see that the keiki of today, do not have the same types of access as I did grow up, witnessing the
layered barriers that we must go through in order to practice our customary rights and to educate
the future leaders of Kilauea and Kauai is distressing. I implore you to read critically the plans for
this 12,000 square foot development. Nihoku, or as we know it growing up Crater Hill, is a
Learning Center for the future generations of Kauai, and the approval of this permit would
permanently alter and desecrate this vital sacred educational space. Time and time again, we have
witnessed the unforeseen consequences of development and outright gating have such sacred sites.
I want to be a part of the solution and I believe you are all critical components, who are
determining the future for Kilauea, and Kilauea kids. I am concerned about the perpetual protection
of our `aina, while the immediate impact of your decisions today, are essential. I am most
concerned with a detrimental impact that we're burdening future generations with. While the Green
ohana is a contributing member to our community, the issue at hand is not the applicant. It is the
lasting impact of such an excessively large home carved into the side of the most sacred mountain
in Kilauea and Koo’lau, Nihoku. I believe this time to be an amazing opportunity for the Planning
Commission to do what is right for the place and set the standard for what it means to perpetually
protect `aina across generations. Protection today, looks like imposing requirements on size and
location. Please seize this opportunity and think innovatively and how we can move forward to
protect our `aina, not only for the cultural and educational practices of today, but also for the
unborn keiki who should always feel welcome to continue to practice our traditional and customary
rights at Nihoku. Mahalo nui and just really appreciate you folks taking the time to listen and hear
the concerns of my community. Aloha.
Ms. Higuchi Sayegusa: Thank you. That, that concludes the registered speakers that we have on
our list. Chair.
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Chair Apisa: Oh, thank you very much. We will take a 10-minute recess, and I will be back at 10.
`Well, let's call it 10:10 will be back.
The Commission recessed this portion of the meeting at 9:59 a.m.
The Commission reconvened this portion of the meeting at 10:10 a.m.
Chair Apisa Called the meeting back to order after the recess.
Chair Apisa: Okay, we're ready to reconvene, and I would like to take a roll call. Be sure everyone
is so present.
Mr. Hull: Roll Call, Madam Chair. Commissioner Ako?
Mr. Ako: Here by myself.
Mr. Hull: Commissioner Chiba?
Mr. Chiba: Here by myself.
Mr. Hull: Commissioner Cox?
Ms. Cox: Here by myself.
Mr. Hull: Commissioner DeGracia?
Mr. DeGracia: Here by myself.
Mr. Hull: Commissioner Otsuka?
Ms. Otsuka: Here and I'm by myself.
Mr. Hull: Commissioner Streufert?
Ms. Nogami Streufert: Here by myself.
Mr. Hull: Chair Apisa?
Chair Apisa: Present by myself.
Mr. Hull: Motion passes. Madam Chair. Seven Present.
Continued Agency Hearing
SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2022-1, CLASS IV ZONING
PERMIT 9Z-IV-2022-1, and USE PERMIT (U-2022-1) for the construction of a farm
dwelling unit, guest house, garage and associated site improvements with Lot 11-A of the
Seacliff Plantation Subdivision in Kilauea, involving a parcel situated approximately 1,000
feet west of the Pali Moana Place/Makana`ano Place intersection, further identified as Tax
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Map Key: (4) 5-2-004:084 (Unit 1) affecting a portion of a larger parcel approximately 12.305
acres in size = Phillip J. & Linda M. Green, [Director’s report received, hearing deferred
9/14/2021].
i. Supplemental Director’s Report transmitting written testimony
ii. Petition for Intervention (received October 19, 2021) by Mehana Blaich Vaughn,
Nicole Hoku Cody, and Jessica AK Fu on behalf of Na Kia`i O Nihoku.
Mr. Hull: Next, is the Agency Hearing portion where the Commissioners received a petition for
intervention which needs to be reviewed prior to any further discussion or action on this particular
agenda item, being that intervention could lead to contest the case hearing. I'm going to step down
from clerking the meeting for this portion, and hand it over to the Chair and the County Attorney.
Thank you.
Chair Apisa: Thank you very much. I would like to ask the Department for a status report.
Madam Chair and members of the Commission, the Department did submit a supplemental.
Ms. Laura Barzilai: Pardon, pardon me clerk Hull. Madam Chair, I think, preferably if you could
please read into the record and notice for item F.1.a, before Director Hull gives his report.
Chair Apisa: Yes, thank you. Thank you, instead of Director Hull doing that. Continued is the
New Agency Hearing. Yeah, Amendment to Special Management Area Use Permit (SMA(U)-88-
10) Class IV Zoning Permits (Z-IV-88-39), Use Permit (U-88-31, and Special Permit (SP-88-6) to
allow construction of a paved parking lot containing approximately 90…
Ms. Laura Barzilai: Pardon me, Madame Chair, I'm so sorry. That would be F.1.a. that's page two
of the agenda under Continued Agency Hearing.
Chair Apisa: Yes, I'm sorry, I jumped ahead of myself on the agenda. Special Management Area
Use Permit (SMA(U-2022-1), Class IV Zoning Permits (Z-IV-2022-1), 2022 and Use Permit (U-
2022-1) for the construction of farm dwelling unit, guesthouse, garage, and associated site
improvements, Within Lot 11-A of the Seacliff Plantation Subdivision in Kilauea involving a
parcel situated approximately 1000 feet west of the Pali Moana Place Makana`ano Place
intersection, Further identified as Tax Map Key: (4) 5-2-004:084 (Unit 1) affecting a portion of a
larger parcel approximately 12.305 acres in size, applicant is Philip J. and Linda M. Green,
Directors Report was received, a hearing deferred on September, 14 2021. So, if this would be at
the time, I believe I would like to hear the Director’s Report if I mean, if that's available.
Mr. Hull: Chair, the Director’s Report, has been provided (inaudible) intervention first, but just as
an update as to where the Department is I guess before setting the parameters for intervention with
the county attorney, I can state, and perhaps both parties are agreement but defer to them, but the
Department, as was testified today, and, you know, at the original agency hearing a voluminous
amount of testimony came in from the public. In particular, there was a lot of testimony concerning
traditional customary practices. Now, the applicant did complete a traditional customer practice
analysis, through its own representative and outreach. But as agency hearings are essentially set up
is to gauge the members of the public, and people that access are frequent the area. For additional
information and like you saw, there was a lot of testimony that came in. So, based on that new that
testimony came in which, you know, went beyond I think, what beyond what the Department felt
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was adequate in the original traditional customary practice analysis, made by an applicant. The
Department is currently and has embarked on outreach to cultural practitioners, those that testified
as well as others to update the traditional customary practice are some members of the public revert
to the Ka Pa `akai analysis, if you will, to determine impacts to traditional customer practices,
either that have occurred on the property or in the region. And we're about three quarters of the way
of reaching out to the members of the public that either testified or been identified as cultural
practitioners. And so, we haven't completed the report. We are in the process of doing it. We
intend to submit that report to you, which could also update and necessitate amending our
recommendation to the commission. We anticipate having that report. Within three to four weeks
no two to three weeks. But ultimately, as we process this report, we're asking for the commission to
defer both the overall agenda item for their review the application, as well as the petition for
intervention in the that perhaps after we come out with our report, it will provide a, an area that the
two parties may come into common ground or consensus around, and if not, you know, the
intervention that can be reviewed and then we may end up and contest the hearing. But right now,
if we wanted a contested case hearing today, this would put a 1–3-year timeline on the review of
this with, with a hearings officer and somewhat perhaps avoid that. We're asking for a month or a
deferral to December 14.
Chair Apisa: Thank you very much for the status report. In order to achieve the deferral to
December 14. I would ask the following questions of the applicant. I believe today, represented by
Timothy Irons from the law firm, and the petitioner Mehana Vaughan representing Na Kia`i O
Nihoku. So, of the applicant on Mr. and Mrs. Green in care of Mr. Irons. Does your client confirm
that they continue to waive the timelines under CZO Section 8- 3.1 F., as confirmed by Mr. Jung at
the September 14th, meeting, to allow for the Department to complete its recommendations?
Mr. Tim Irons: Thank you, Chairperson and Commissioners, my name is Tim Irons from Dentons,
representing the appellant’s the Green’s. We, we don’t have a problem with the Planning
Department, finishing up their Ka Pa `akai analysis, we understand that because of the
Thanksgiving holiday that December 14th is the next available hearing. So, we are not objecting to
the continuance of the agency hearing until that date. We do have a general objection to the delay
that has taken place so far. But we understand that it's important for Planning Department to finish
its analysis. On the intervention, we will be filing a formal objection, or opposition today, so, we
would just request that the decision on intervention be continued from today, if it occurred between
now and December 14, that's up to the commission. I have other points, I'd like to raise with regard
to the application, if I may do so either now or at a later point.
Ms. Barzilai: Madam Chair, since I believe there, its Laura County Attorney's Office. Since we're
moving toward deferral, I don't think it would be appropriate to take any more information on the
application at this time. I'm not sure if you would like to proceed toward a deferral, Madam Chair,
I'll let you decide.
Chair Apisa: I would like to ask the petitioner to intervene, Ms. Mehana Vaughan or another
representative of the Nihoku group. Do you agree to defer the Commission's consideration of your
petition to intervene to the December 14, Commission Meeting?
Ms. Daylin Rose Heather: Hello, I'm Dalian Rose Heather, I’m with the Native Hawaiian Legal
Corporation. I am here making a special appearance for Na Kia`i O Nihoku. We would agree to
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defer consideration of the petition until the December 14, Meeting and just command the
Commission and particularly Director Hull for your consideration and your, your care in making
sure that the Constitutional protections for Native Hawaiian rights, and other environmental
considerations are taken into account before moving on the project. Thank you very much.
Chair Apisa: Thank you both very much. So, at this time, I'd like to ask the commissioners, if they
have any additional questions at this time, regarding the deferral to December 14. Hearing none, I
would ask for motion to defer the continued agency hearing to December 14, 2021, Planning
Commission meeting.
Ms. Cox: I am moves that we defer the hearings, the agency continued agency hearing and the
intervention until the December 14, meeting.
Ms. Nogami Streufert: Second.
Chair Apisa: We have a motion on the floor with a second is there any further discussion on the
matter? Hearing none. I would like to take a roll call vote.
Ms. Barzilai: Madam Chair, I can do the roll.
Chair Apisa: Thank you.
Ms. Barzilai: Commissioner Ako.
Mr. Ako: Aye.
Ms. Barzilai: Commissioner Chiba.
Mr. Chiba: Aye.
Ms. Barzilai: Commissioner Cox.
Ms. Cox: Aye.
Ms. Barzilai: Commissioner DeGracia.
Mr. DeGracia: Aye.
Ms. Barzilai: Commissioner Otsuka.
Ms. Otsuka: Aye.
Ms. Barzilai: Commissioner Streufert.
Ms. Nogami Streufert: Aye.
Ms. Barzilai: Chair Apisa.
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Chair Apisa: Aye.
Ms. Barzilai: Motion Carried 7:0.
Chair Apisa: Thank you very much on the matter is deferred to December 14, 2021.
New Agency Hearing
AMENDMENT TO SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-88-10,
CLASS IV ZONING PERMIT (Z-IV-88-39), USE PERMIT (U-88-31), and SPECIAL
PERMIT (SP-88-6) to allow construction of a paved parking lot containing approximately 90
off-street parking stalls, landscaping, and related improvements on a parcel situated on the
mauka side of Po`ipu Road, situated directly across the Grand Hyatt Kauai Resort & Spa,
affecting a portion of the Po’ipu Bay Golf course further identified as Tax Map Key: 2-9-
001:007, and affecting an area approx. 1.3 acres in size = Kawailoa Development LLP.
Chair Apisa: Moving on our agenda, would be the New Agency Hearing.
Mr. Hull: I’ll take over. Moving on to Agenda Item F.2, New Agency Hearing Amendment to
Special Management Area Use Permit (SMA(U)-88-10, Class IV Zoning Permit (Z-IV-88-39), Use
Permit (U-88-31), and Special Permit (SP-88-6) to allow construction of a paved parking lot
containing approximately 90 off-street parking stalls, landscaping, and related improvements on a
parcel situated on the mauka side of Po`ipu Road, situated directly across the Grand Hyatt Kauai
Resort & Spa, affecting a portion of the Po’ipu Bay Golf course further identified as Tax Map Key:
2-9-001:007, and affecting an area approx. 1.3 acres in size, Kawailoa Development, LLP is the
applicant. We have received two pieces of written testimony and no further oral testimony. At this
time, the Department would recommend closing the Agency Hearing.
Chair Apisa: Do we have a motion to close this Agency Hearing?
Ms. Nogami Streufert: I move to close the Agency Hearing.
Ms. Cox: I second.
Chair Apisa: Any discussion? All in favor say, aye. Again, Kaaina, I would like to take a roll call,
please.
Mr. Hull: Definitely. Roll Call, Madam Chair. Commissioner Ako?
Mr. Ako: Aye.
Mr. Hull: Commissioner Chiba?
Mr. Chiba: Aye.
Mr. Hull: Commissioner Cox?
Ms. Cox: Aye.
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Mr. Hull: Commissioner DeGracia?
Mr. DeGracia: Aye.
Mr. Hull: Commissioner Otsuka?
Ms. Otsuka: Aye.
Mr. Hull: Commissioner Streufert?
Ms. Nogami Streufert: Aye.
Mr. Hull: Chair Apisa?
Chair Apisa: Aye.
Mr. Hull: Motion passes. Madam Chair. Motion Carried 7:0.
Chair Apisa announced that the Agency Hearing in closed.
Mr. Hull: Okay, moving on from the Agency Hearing to the actual review of the application.
I'll turn this portion over to Dale Cua who was the planner assigned to this for the Directors Report.
Hold on one second. Let's see if we find Dale, he should be on. Polycom as we're having a bit of a
technical issue could we take a five-minute recess?
Chair Apisa: Certainly, we will be back at 1030.
The Commission recessed this portion of the meeting at 10:25 a.m.
The Commission reconvened this portion of the meeting at 10:30 a.m.
Chair Apisa Called the meeting back to order after the recess.
Chair Apisa: I call the meeting back to session and do a roll call, please.
Mr. Hull: Roll Call, Madam Chair. Commissioner Ako?
Mr. Ako: Here by myself.
Mr. Hull: Commissioner Chiba?
Mr. Chiba: Here by myself.
Mr. Hull: Commissioner Cox?
Ms. Cox: Here by myself.
Mr. Hull: Commissioner DeGracia?
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Mr. DeGracia: Here by myself.
Mr. Hull: Commissioner Otsuka?
Ms. Otsuka: Here and I'm by myself.
Mr. Hull: Commissioner Streufert?
Ms. Nogami Streufert: Here by myself.
Mr. Hull: Chair Apisa?
Chair Apisa: Here and by myself. Thank you.
Mr. Hull: Motion passes. Madam Chair. Seven Present.
AMENDMENT TO SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-88-10,
CLASS IV ZONING PERMIT (Z-IV-88-39), USE PERMIT (U-88-31), and SPECIAL
PERMIT (SP-88-6) to allow construction of a paved parking lot containing approximately 90
off-street parking stalls, landscaping, and related improvements on a parcel situated on the
mauka side of Po`ipu Road, situated directly across the Grand Hyatt Kauai Resort & Spa,
affecting a portion of the Po’ipu Bay Golf course further identified as Tax Map Key: 2-9-
001:007, and affecting an area approx. 1.3 acres in size = Kawailoa Development LLP.
Mr. Hull: I’ll read the item back into the record, Madame Chair, we are on New Business for Special
Management Area Use Permit (SMA(U)-88-10, Class IV Zoning Permit (Z-IV-88-39), Use Permit
(U-88-31), and Special Permit (SP-88-6) to allow construction of a paved parking lot containing
approximately 90 off-street parking stalls, landscaping, and related improvements on a parcel
situated on the mauka side of Po`ipu Road, situated directly across the Grand Hyatt Kauai Resort &
Spa, affecting a portion of the Po’ipu Bay Golf course further identified as Tax Map Key: 2-9-
001:007, and affecting an area approx. 1.3 acres in size, Kawailoa Development, LLP is the
applicant. and I'll turn it over to deal for the directors of the things.
Staff Planner Dale Cua: Good morning. Madame Chair and Members of the Planning Commission.
At this time, I would like to highlight in summarize portions of the Director’s Report, if you're okay
with that.
Mr. Cua read the Summary, Project Data, Project Description and Use, Additional Findings,
Preliminary Evaluation, and Preliminary Conclusion sections of the Director’s Report for
the record (on file with the Planning Department).
Mr. Cua: Agency comments are attached to the report, and at this time, that concludes the
Department Director’s report and findings.
Chair Apisa: Thank you very much. Is there a representative here for the applicant Kawailoa
Development LLP?
Mr. Johnathan Chun: Yes, the morning, members of the Commission and Chair. Jonathan Chun,
on behalf of Kawailoa Development LLP. Also, present with me on the video is Toshiaki Shindo
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and Dennis Chan, along with our consultant Cary Kondo from (inaudible). We’ve reviewed the
Directors Reports and we do not have any corrections or comments to it. We do agree with all the
Conditions contained in the report. We just want to know that the Conditions they are requiring or
the request that the berm that we already have designed for the parking lot be raised from 3 feet to
4 feet, we do understand the basis for that the CZO does require (inaudible) for up to 4 feet, that can
be done. Landscaping will always be included on top of the room anyway so, there will be
substantially more buffering of the parking lot from the public road then just the 4 feet, we already
have planned landscaping significant landscape on top of the berm. So, but we do understand the
initial reasoning of raising the berm of 4 feet, that would at least ensure that even if there is no
landscaping is done, you’ll have at least 4 feet. So, that's not an issue with us.
Chair Apisa: Thank you very much. Commissioners, do you have any questions for the applicant?
Ms. Otsuka: I do. Good morning. I was wondering, would there be sufficient lighting, walking
from the hotel to the parking lot.
Mr. Chun: I’m not sure. I'll turn this question to Mr. Kondo our consultant who might be more
familiar with the existing lighting a long Po`ipu Road. I think there are some but I'm not sure. Cary,
can you answer that question?
Mr. Cary Kondo: The project doesn't include any additional lighting a long Po`ipu Road, I believe
Po`ipu Road is lighted, and there is adequate lighting, but at this time, there's no additional lighting,
being added along Po`ipu Road.
Ms. Otsuka: I haven't gone there in a while or at night in a while, so I wasn't sure if there was any
lighting at all. So, thank you.
Mr. Chun: So, if I may, Commissioner Otsuka, there are, I am on the internet right now, but
according to Google Earth right now, I'm looking at the picture there is light poles right there are
light poles directly across the main entrance, where the entrance to where the parking lots will be.
I'm seeing that, and looks like 100 feet, there's another one further east of that. And also, there is
another light pole, basically, across the intersecting road of Po`ipu Road, which is another 100 feet,
west. I think there's about three light poles in the area, but from where the parking lots going to be
there is one, I see one, two, light poles already existing along the road. I’m trying to move by
Google Earth picture around the bend to see there's more leading from the bend, oh yes, there are
more light poles around the bend. They go towards the, if you recall the main banquet entrance to
the hotel, the main lobby entrance, they're light, there's another two light poles further down. So, it
looks like every 100 feet, there are light poles along the road, along Po`ipu Road.
Ms. Otsuka: Okay, thank you, Jonathan. Appreciate it.
Mr. Chun: No, thank Google Earth. Good question.
Ms. Nogami Streufert: Jonathan. This is Glenda Streufert. Is there a crosswalk or is this going to
be only for valet parking?
Mr. Chun: There is no crosswalk. We can request Public Works. If they would want to include a
crosswalk there and it is a county road. But I think that would be a good question, we don't control
the public world. There it is, is not only (inaudible) not valet parking.
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Ms. Nogami Streufert: Okay, just because of the safety around there. When people go to banquets,
they may have had something to drink, and you want to be. You've got some crosswalk that they
can walk over. Okay, thank you.
Mr. Chun: I think that’s an excellent question and I think that’s good communication, we send to
Public Works, maybe requesting a crosswalk at either the main entrance or the secondary entrance.
Because there are sidewalks along the on the Hyatt side, on the hotel side of Po`ipu Road there are
sidewalks, which we hope people will stay on.
Ms. Nogami Streufert: But they still cross to stay on.
Mr. Chun: Your correct, they should stay on so I think that's a proper question for Public Works so
we know whether they can add in a crosswalk.
Ms. Nogami Streufert: Thank you.
Mr. Ako: Madame Chair, I’ve got a question. I think we just received some testimony from some
of the residents that are living very close by to the parking lot, and I know, Johnathan, that you have
addressed a lot of these questions within your application itself. I was wondering whether we could
go to some of the questions that this resident had?
Mr. Chun: Sure, Commissioner Ako.
Mr. Ako: I think one was what is going to be the use of the proposed parking lot, is it going to be
for like public parking or is it going to be for hired employees parking lot?
Mr. Chun: I can answer some of that and Mr. Chen or Mr. Toshiaki Shindo can highlight some of
that, but it is for both public and employees. Mr. Chen or Mr. Shindo, do you want to add in more
about that? I don't think we broke down the number there 90 stalls all together, which is a significant
amount under the prior permits the Commission requested 40, so we're more than doubling the
number of stalls, that under prior permits were requested.
Mr. Ako: Yeah. So right now, I think, pretty much the intention of the building of the parking lot
is because there is an overflow already of parking, usually during events, as well as for employees?
Mr. Chun: That's what we have found during events parking in the past pre-Covid. You would see
not only employees, but you know event participants parking along the side of the Po`ipu Road.
I've done it myself; I have to admit I've done it myself. When I attended some events at the Point at
the Hyatt, and there were not enough parking spaces in the parking lot. I had parked along the
southern road. So, I think this will address the concerns of that in terms of allowing whoever needs
to park the overflow would be accommodated by that overflow parking lot the 90 stalls.
Mr. Ako: It’s unlikely that this building of this parking structure will bring in additional cars that
are already there, and it's just workflow.
Mr. Chun: Correct. It’s not design for it to, the only increase if potential parking was, as the
commission previously, about six months ago, approved additional two hotel units for the hotel, but
as it was presented by the hotel at that time, that would result in only 1.5 additional cars so. This is
not intended to take care of any over, additional development but just to make sure that the overflow
that is currently existed pre-Covid can be handled adequately.
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Mr. Ako: About how long would the construction process be?
Mr. Chun: Mr. Kondo, could you answer that question, please.
Mr. Cary Kondo: Yeah.
Mr. Ako: And I think part of the reason for that question was because of the fact that, you know,
the noise that comes up in constructing that goes on so they kind of want to you know put on longer
construction, lasts.
Chair Apisa: And then I would just ask that you put your video and your mic on when you speak,
please.
Mr. Kondo: Sorry. Okay, what was the question, oh construction. Yes, construction estimated to
take between 9 to 12 months. Once construction gets started.
Mr. Ako: (Inaudible) which make the noise level to be higher than usual I guess or is just comes
with the natural world of construction, putting up a parking lot?
Mr. Kondo: During construction?
Mr. Ako: Yes.
Mr. Kondo: Yeah, of course during construction there would be additional noise levels during
construction, but once the construction is completed, then the noise level would be back to normal.
Mr. Ako: Think another concern that was mentioned was the fact, that right now this resident I
guess, lives behind the current employee’s employee parking lot, there's a light that's coming into
their resident there. Has a certain type of lights have been selected already for new parking lot?
Mr. Kondo: Well, the drawings indicate that we have the light post, I believe the light post are 17
foot tall, but the top of the fixtures, then downward. So, the light fixture is facing down. So, I believe
the bottom of the fixture is 14 feet above the ground and it is facing down.
Mr. Ako: And another question was in terms of property value with all the concerns that have
come out, will this affect their property values of the residents surrounding vicinity so far?
Mr. Kondo: Well, yeah, I can't see if it's going to affect the property values of the neighboring
properties, but the main, I think the goals of the parking lot, is to improved appearance of Po`ipu
Road because currently all of the cars parked along the crash shoulder on the mauka side of the
road, and it does pose area visually, not very pleasant appearance, and it also, because the park
haphazardly, they're not parallel park or perpendicular Park. So, it is also safety, a safety concern.
So, with the, with the construction of the parking lot, those vehicles would then be in the off-street
parking and improving the visual appearance of Po`ipu Road.
Mr. Ako: I guess my final question would be I guess to planner Mr. Cua. Whether you had anything
that was contrary significantly contrary to what was just presented here, these questions?
Mr. Cua: No, none whatsoever.
27
Mr. Ako: I thank you. Thank you, Madam Chair.
Mr. Chun: Madam Chair, if I may add to some of the comments by Mr. Kondo.
Chair Apisa: Yes, please.
Mr. Chun: Yeah, good questions, Commissioner Ako. Those are some of the questions that I take
in the various number of comments from neighboring landowners before the meeting, and those are
some of the comments that I got, especially in regard to the lighting. And what I pointed out and
Mr. Kondo can confirm that with the lights for the height of a light pole and the light at the end of
the project, and upon the maturity of the landscaping, more than likely the lights itself will be also
shielded by the landscaping. As pointed out, especially now, with the permit 4 feet by one of the
plants that will be trees or will be planting along that will be Kou and looking at the at the
specification for the Kou tree, that tree can grow anywhere between one, when mature between 10
to 12 feet. So, adding that the height, along with the canopy of the tree around that time, you look
at about 16 to 17 feet, total maturity, a height of maturity of the tree. The light poles are going to
be within under that canopy light itself, which I would say, as point of what Mr. Ako brought up.
So that's one thing I was highlighting or these mentioning to some of the landowners, that apart
maturity of the trees and landscaping. The lights from the parking lot, not the streetlights of course
but the lights in the parking lot, will at least be partially shielded by the landscaping primary by the
larger tree the Kou tree that will be grown on top of the landscaping.
Mr. Ako: Thank you.
Chair Apisa: Jonathan, what type of tree, are you saying, is it Koa?
Mr. Chun: It was called Kou.
Chair Apisa: Okay. Kou, Thank you.
Mr. Chun: I'm not a landscape expert, but thanks, again to the internet I looked it up on Google for
my favorite thing, and it was given that kind of specification in terms of upon maturity.
Chair Apisa: Any further questions from the Commissioners of either the applicant or the planner?
Hearing none, Glenda Are you have something. Are you ready to make a motion?
Ms. Nogami-Streufert: I was just going to make one, I moved to approve Special Management Area
Use Permit (SMA(U) 88-10, Class IV Zoning Permits Z-IV- 88-39, Use Permit (U-88-31), and
Special Permit (SP- 88-6).
Ms. Otsuka: I second.
Chair Apisa: motion on the floor to approve. Any further discussion. Hearing none. I would like to
call for a voice vote.
Mr. Hull: Roll Call, Madam Chair. Commissioner Ako?
Mr. Ako: Aye.
28
Mr. Hull: Commissioner Chiba?
Mr. Chiba: Aye.
Mr. Hull: Commissioner Cox?
Ms. Cox: Aye.
Mr. Hull: Commissioner DeGracia?
Mr. DeGracia: Aye.
Mr. Hull: Commissioner Otsuka?
Ms. Otsuka: Aye.
Mr. Hull: Commissioner Streufert?
Ms. Nogami Streufert: Aye.
Mr. Hull: Chair Apisa?
Chair Apisa: Aye.
Mr. Hull: Motion passes. Madam Chair. Motion Carried 7:0.
Mr. Chun: Thank you, Madam Chair and Members of the Commission.
Chair Apisa: Thank you.
Continued Public Hearing
Mr. Hull: There is no Continued Public Hearing
New Public Hearing
Mr. Hull: There is no New Public Hearing
All remaining public testimony pursuant to HRS 92 (Sunshine Law)
CONSENT CALENDAR
Status Reports
Mr. Hull: Moving on, we don't have no agenda items for consent calendar.
Director’s Report for Project Scheduled for Agency Hearing
29
Executive Session
Mr. Hull: There is no need for Executive session.
GENERAL BUSINESS MATTERS.
COMMUNICATION.
COMMITTEE REPORTS.
Subdivision
Mr. Hull: Moving on to Subdivision Committee Report, I'll turn it over to Subdivision Committee
Chair DeGracia for some Subdivision Committee Report.
Mr. DeGracia: Good morning. Today’s Subdivision Committee Meeting in attendance was me,
Commissioner Ako and Commissioner Chiba. There were two items. First, was an extension
requests for subdivision application No. S-99-49 Kulana Association of Apartment Owners, Kulana
subdivision, which was approved. There was also a Tentative Subdivision Map Approval for a
subdivision application No. S-2022-1, Inouye Family Trust, et. al., proposed to Lot boundary
adjustment, and that was also approved, and that concludes my report.
Chair Apisa: Thank you.
Ms. Cox: I'm going to take this item. Since Donna, Chairperson has to recuse herself.
Chair Apisa: Yes, I would like to recuse myself just so I am involved with the Kulana Subdivision.
Thank you.
Chair Apisa recused herself from the meeting at 10:54 a.m.
Ms. Cox: Thank you, Donna. I'm happy to entertain a motion unless there are questions to approve
the committee's report.
Ms. Nogami Streufert: I moved to approve the Subcommittee Report.
Ms. Otsuka: I second.
Ms. Cox: Should we do a roll call, Kaaina?
Mr. Hull: Roll call, Madam Chair.
Mr. Ako: Aye.
Mr. Hull: Commissioner Chiba?
Mr. Chiba: Aye.
Mr. Hull: Commissioner DeGracia?
30
Mr. DeGracia: Aye.
Mr. Hull: Commissioner Otsuka?
Ms. Otsuka: Aye.
Mr. Hull: Commissioner Streufert?
Ms. Nogami Streufert: Aye.
Mr. Hull: Chair Cox?
Ms. Cox: Aye.
Mr. Hull: Motion passes. Madam Chair. Motion Carried 6:0.
NEW BUSINESS.
Mr. Hull: Moving on, we have no New Business.
Chair Apisa returned to the meeting at 10:56 a.m.
ANNOUNCEMENTS
Topics for Future Meetings
The following regularly scheduled Planning Commission meeting will be held at 9:00 a.m., or shortly thereafter on November 9, 2021. The Planning Commission anticipates meeting via teleconference but will announce its intended meeting method via agenda electronically posted at least six days prior to the meeting date.
Mr. Hull: Moving on to Item N., Announcements, topics for future meetings, coming up in the
upcoming November meeting the second Tuesday, November, which is November 9th., there are
just two agenda items one is a single-family residence and an SMA permit. The other is a draft
ordinance concerning CCNR’S, ARU’S guest houses, and ADU’s in their regulations within CCR’s
private covenants that was referred to us from the County Council so that that agenda doesn't look
too heavy. The second meeting in November, due to Thanksgiving Holiday, there is no second
meeting, and rounding out the last meeting of the year, December 14, we have the Princeville
glamping application with the Princeville Applications for developed campgrounds, as well as the
application for the Green’s will be returning to you folks. So, these are our two agenda items that
have generally come with a consistent amount of testimony and input. So, anticipate a fairly long
commission meeting, Commissioner. Sorry, we thought we could have a light load for the holidays
but it just not going to be the case. With that, we don’t have anything else, if there is anything that
the Chair or anyone else would like us to look at agendizing beyond application or permit reviews,
please let us know.
Chair Apisa: I don’t have anything to add, does any of the commissioners have anything to add?
31
ADJOURNMENT
Chair Apisa: Hearing none. I entertain a motion to adjourn.
Ms. Otsuka: I move to adjourn.
Ms. Nogami-Streufert: Second.
Chair Apisa: All those in favor say aye? Aye. I think we can do a voice call on this (Unanimous
voice vote). Meeting is adjourned. Motion Carried. 7:0. Thank you. I will see you all on November
9th.
Chair Apisa: adjourned the meeting at 10:57 a.m.
Respectfully submitted by:
Arleen Kuwamura,
Commission Support Clerk
( ) Approved as circulated (add date of meeting approval).
( ) Approved as amended. See minutes of meeting.
ORDINANCE N0.B1LLNO.
A BILL FOR AN ORDINANCE TO AMEND CHAPTER 1 IA,
KAUA'I COUNTY CODE 1987,AS AMENDED,RELATING TO ALL HAZARD
STATEWIDE OUTDOOR WARNING SIREN SYSTEM.
SECTION 1.Finding and Purpose.The Council finds that All Hazard Statewide Outdoor
Waming Siren Systems are intended to act as an outdoor alerting method for people and
communities ofupcoming hazard events on or nearby coastal areas who may not otherwise have
access to other alerting methods via radio.Expediting the regulatory review ofthese systems is
necessary for the health,safety,and welfare ofthose living or frequenting these coastal areas.
SECTION 2.Sec.8-1.4 Application of Regulations,Kaua'i County Code 1987,as amended is
hereby amended by amending section (e)to read as follows:
(a)For the purposes ofthis Chapter,the County ofKaua'i shall include the districts of
Waimea,Koloa,LThu'e,Kawaihau and Hanalei as described in Sec.4-1(4),H.R.S.
(b)Unless otherwise expressly prohibited by law,the provisions ofthis Chapter shall
apply to all areas within the County boundaries.
(c)In administering and applying the provisions ofthis Chapter,unless otherwise stated,
they shall be held to be the minimum requirements necessary to accomplish the
purpose ofthis Chapter.
(d)For parcels containing multiple zoning designations,each designation shall be
considered individually in applying the standards ofthis Chapter,with the exception
that any lot or parcel located in the State Land Use Commission Agricultural District
and containing fifty (50)acres or more in the County Open District shall be considered
together with the County Agriculture District for the purpose ofdetennining parcel
acreage to apply subdivision standards.
(e)Nothing in this Chapter shall regulate the placement,design and construction ofthe
Hawai'i Emergency Management Agencv Managed (HIEMA)All Hazard Statewide
Outdoor Wamine Siren Svstems;or utility poles,towers,and transmission lines by a public
utility company as defined in Sec.269-1,H.R.S.,provided,that the siren systems,poles;
and towers shall be no higher than twenty (20)feet above the height limits for structures
applicable in the Use District in which the poles and towers are constmcted.
(f)Nothing in this Chapter shall regulate the minimum size oflots in a subdivision which
are to be used for govemment or public utility facilities.The creation ofsuch lots shall be in
compliance with the provisions ofChapter 9,County Subdivision Ordinance,ofthe Code.
(g)Nothing in this Chapter shall prohibit the use of factory built housing or trailer homes
as permitted dwellings,buildings or structures for the purpose ofhuman habitation or
f:4.^
MAR O 8 2022
occupancy within the various Use Districts provided that all such factory built housing and
trailer homes must first:
(1)Meet all applicable development standards,density limitation and other such
requirements for the particular Use District;
(2)Be permanently affixed to the ground;
(3)Have had their wheels and axles,ifany,removed;
(4)Iflicensed pursuant to Hawai'i Revised Statutes Chapter 249,have been
registered as a stored vehicle in accordance with Hawai'i Revised Statutes Sec.249-5;
(5)Meet the standards and requirements contained in Sec.12-4.4 ofChapter 12,
Building Code;and
(6)Meet all other applicable govemmental rules,regulations,ordinances,statutes
and laws.
(h)Recreational trailers may be used as temporary dwellings for travel,recreational or
vacation purposes in accordance with Chapter 16 (Recreational Trailer Camps)ofTitle 11,
Administrative Rules,Department ofHealth,State ofHawai'i,or any other State or County
laws,ordinances or rules relating to the use ofpublic or private lands,parks or camp
grounds for camping or recreational purposes.Except as provided herein,no recreational
trailer shall be used as a dwelling or building for the purpose ofhuman habitation or
occupancy.(Ord.No.935,November 14,2012)
Ka'aina S.Hull
Director of Planning
COUNTY OF KAUA'I
PLANNING DEPARTMENT
Jodi A.Higuchi Sayegusa
Deputy Director of Plannmg
I.SUMMARY
Action Required by
PIanning Commission:
Permit Application No.
Name ofApplicant(s):
DIRECTOR'S REPORT
Consideration for an Ordinance to amend Chapter 8,Kaua'i
County Code,as amended,relating to All Hazard Statewide
Outdoor Waming Siren Systems
Zoning Amendment ZA-2022-2
COUNTY OF KAUA'I,PLANNING DEPARTMENT
II.PERMIT INFORMATION
III.LEGAL REQUIREMENTS
4F.H.O-*
MAR O 8 2022
v:\2022 master files\amendments\zoning\2a-2022-2\correspondence\report-l 2,17.22_za-2022-2 all hazard statewide outdoor warning siren
systems.docx
AMENDMENTS
K\Zoning Amendment Pursuant to KCC Section 8-3.4(a),as amended,a Zoning
Amendment is necessary because it involves the changing
of legislation text whenever the public necessity and
convenience and the general welfare require an amendment.
General Plan Amendment
Community Plan
Amendment
I1 State Land Use District
Amendment
KCC Section 8-3.4
Public Hearing
Date:
MARCH 8,2022
Date of
Publication:
Febmary 4,2022
Date of
Director's
Report:
Febmary 17,2021
IV.DESCRIPTION OF THE AMENDMENT
The proposed legislation amends Section 8-1.4(e)of the Comprehensive Zoning
Ordinance,entitled "Applications of Regulations".To date,Section 8-1.4(e)does not
specify that A1I Hazard Statewide Outdoor Waming Siren Systems are exempt from Kaua'i
County zoning permitting requirements.The proposal is to amend Section 8-1.4(e)of the
Kauai County Code to read:
(e)Nothing in this Chapter shall regulate the placement,design and
constmction ofthe Hawai'iEmergency Manaeement Agency
Managed (HIEMA)All Hazard Statewide Outdoor Waming Siren
Svstems;or utility poles,towers,and transmission lines by a public
utility company as defined in Sec.269-1,H.R.S.,provided,that the
siren svstems,poles;and towers shall be no higher than twenty (20)
feet above the height limits for structures applicable in the Use District
in which the poles and towers are constructed.
Note:Ordinance material to be repealed is bracketed,and new ordinance material is shown
underscored (refer to Exhibit 'A'for reference and complete ordinance).
V.AMENDMENT JUSTIFICATION
All Hazard Statewide Outdoor Waming Siren Systems are intended to act as an outdoor
alerting method for people and communities of upcoming hazard events on or nearby
coastal areas who may not otherwise have access to other alerting methods via radio.
County permitting for these structures within coastal areas require Special Management
Area permits as well as shoreline variances which could lead an extensive process which
includes Environmental Assessment (EA)and Kaua'i Planning Commission approvals.
Expediting the regulatory review of these systems is necessary for the health,safety,and
welfare of those living or frequenting these coastal areas.
VI.AGENCY COMMENTS
See attached Exhibit A.
VII.PRELIMINARY EVALUATION
In evaluating the proposed zoning amendment,the following aspect should be taken into
consideration:
1.The proposed request is to be evaluated pursuant to Section 8-3.4(d)of the KCC,as
amended,relating to the consideration of a proposed amendment and it reads:
"(d)Consideration.In considering an amendment,the Planning
2 IPage
ZA-2022-2 All Hazard Outdoor Waming Siren Systems,Director's Report
County of Kaua'i,PIanning Department
February 17.2022
Commission shall consider the purposes of the existing and
proposed changes to the Zoning Ordinance.A change in the
Zoning Map or text shall not be made unless the change will
further the public necessity and convenience and the general
welfare."
The proposed legislation will promote the public necessity,convenience,
general safety and welfare by facilitating the permit process for the installation
ofAll Hazard Statewide Outdoor Waming Siren Systems.
2.General Plan
The proposed bill is in alignment with the following goals and policies of the
General Plan,which emphasizes the protection and preservation of Kaua'i's
natural beauty:
A.Section 1.3,entitled "Visions and Goals"
1)Goal #3:"A Healthy and Resilient People"-Hazards resiliency is built
on coordination among the community,all levels of govemment and
private sector to mitigate against,prepare for,respond to,and recover
from natural disasters,act ofterrorism,and other threats and hazards.
The placement ofAll Hazard Statewide Outdoor Waming Siren Systems
is important to wam the community in areas where access to other
alerting methods such as radio signals and intemet devices may not be
accessible.
B.Section 1.4,entitled "Policies to Guide Growth"
1)Policy #5:"Make Strategic Infrastructure Investments"-
Infrastmcture placement for hazard resiliency such as All Hazard
Statewide Outdoor Waming Siren Systems is critical in addressing the
first response efforts to alert the community of natural disasters and
other hazards.
2)Policy #14:"Prepare for Climate Change"-Climate change and
resulting sea level rise are evidenced and documented on a global,
national,as well as local levels.To prepare for such events,streamlining
the County Permit Process to allow All Hazard Statewide Outdoor
Waming Siren Systems to be permitted in generally coastal high hazards
areas assists in preparing for increased coastal hazards due to climate
change and sea level rise.
VIII.PRELIMINARY CONCLUSION
Based on the foregoing findings and evaluation,it is concluded that the proposal is
reasonable and appropriate.
ZA-2022-2 All Hazard Outdoor Waming Siren Systems.Director's R.eport
County ofKaua'i,Planning Department
Febniary 17.2022
3|Page
IX.PRELIMINARY RECOMMENDATION
Based on the foregoing evaluation and conclusion,it is recommended that the subject
request to amend Section 8-1.4(e)ofthe Kaua'i County Code (1987),as amended,be
TENTATIVELY APPROVED and DEFERRED pending funher analysis with
community groups and govemment agencies.
By
Romio Idica
PIanner
Approved &Recommended to Commission:
KA'AINA S.HULL
Director of Planning
Date:
<^-/'^'2^2.1-
ZA-2022-2 All Hazard Outdoor Waming Siren Systems,Director's Report
County of Kaua'i,Planning Department
February 17,2022
4 |Pag e
EXHIBIT"A"
(Agency Comments)
For reference
cow'y 1'",Ar.M
'22 M 2fi "1 :/;y
RECEIVED
COUNTYOFKAUA-I
PLANNING DEPARTMENT
A I...'i ><i,11-i-'')444 Rl(^E STREET,SU1TE A473 LIHU'E,HAWAI'I 96766'~f'":<'u •lcr1'
(808)241-4050
JAN 2 o 'a'a
CountyofKaiiai
Transportation Agency
FROM:Kaaina S.Hull,Director (Romio)1/19/2022
SUBJECT:
TO:
ZoningAmehdinentZA-2022-2?
Cok,Planning Department,Applicant
FOR YOUR COMMENTS (pertaining to your department):
CTTPI \^l,^>o ^n.Txi'^.C»i^i^E^»-t ohi Tivt^|>A.WVEV-•
'XH^^^S
'ifif^-
This matter js scheduled for a public hearing before the County of Kauai Planniiig Commis.sion oil
3/8/2022 at the Lihue Civic Center.Moikeha Building,Meeting Room 2A-2B,4444 Rice Streel,
Lihiie,Kaiiai,at 9:00 am or soon thereafler.If we do not receive your agency comments within one (1 )
inoilth t'rom [he date of this reqtiesl,we will assume that Ihere are no objectioiis to this permil request.
Mahalo!
s Department ofTransportation -STP DPW-EngineeringsDOT-Highway,Kauai(info only)
~s
DPW-WastewatersDOT-Airports,Kauai (info only)
"u
DPW-Building"D'
DOT-Harbors,Kauai (info only)s DPW-SolidWaste~w
State Department of Health s Department of Parks &Recreation
E State Department of Agriculture
'w
Fire-Department
E State Office of Planning ^T County Housing-AgencysStateDept,ofBus.&Econ.Dev.Tourism
~n
County Economic Development
E State Land Use Commission s KHPRCsStateHistoricPreservationDivision
~w_
Water Department"u
DLNR-Land Management TT Kaua'i Civii DefensesDLNR-Foresty &Wildlife
~a~
U.S.Postal DepartmentsDLNR-Aquatic Resources s UH_Sea_OrantsDLNR-OCCL s Coun6'BJ^aiji8jBOi;t^ifln,Agency^~a-
Other:
COUNTY OF KAUA'I
PLANNING DEPARTMENT
4444 RICE STREET,SUITE A473 LlHU'E,HAWAI'I 96766
(808)241-4050
FROM:Kaaina S.Hull,Director (Romio)1/19/2022
SUBJECT:Zoning Amendment ZA-2022-2,/
Cok,Planning Department,Applicant
TO:
FOR YOUR COMMENTS (penaining to your department):
No comments or concerns from fire
This matter is scheduled for a public hearing before the County of Kauai Planning Commission on
3/8/2022 at the Lihue Civic Center,Moikeha Building,Meeting Room 2A-2B,4444 Rice Street,
Lihue,Kauai,at 9:00 am or soon thereafter.If we do not receive your agency comments within one (1)
month from the date of this request,we will assume that there are no objections to this permit request.
Mahalo!
~D_
Department of Transportation -STP
~w
DPW-Engineering~D'
DOT-Highway,Kauai(info only)s-DPW-WastewatersDOT-Airports,Kauai (info only)3~DPW-BuildingsDOT-Harbors,Kauai (info only)
"a'
DPW-SolidWastewStateDepartmentofHealth
~D
Department of Parks &Recreation"a'
State Department of Agriculture s Fire-Department-D;
State Office of Planning County Housing-Agency-D'
State Dept.of Bus.&Econ.Dev.Tourism
-D-
County Economic DevelopmentsStateLandUseCommissionKHPRC
State Historic Preservation Division x Water Department"D'
DLNR-Land Management
~D~
Kaua'i Civil Defense
E DLNR-Foresty &Wildlife 3 U.S.Postal Department"n'
DLNR-Aquatic Resources 3:UH_Sea_Grant"D'
DLNR-OCCL
~w
County Transportation Agency~D
Other:
ORD1NANCE N0.BILLNO.
A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8,
KAUA'l COUNTY CODE 1987,AS AMENDED,RELAT1NG TO
WAREHOUSES IN THE COMMERICAL GENERAL ZONING DISTR1CT
BE IT ORDA1NED BY THE COUNCIL OF THE COUNTY OF KAUA'l,STATE OF HAWAl'l:
SECTION 1.Findings and purpose.The purpose of this ordinance is to amend
section 8-2.4 Table of Uses to remedy an inaccuracy in the Commercial General Zoning District.
As currently written in the Table ofUses,section 8-2.4(j)(25)outright permits warehouses
in the Commercial General Zoning District.Whereas Section 8-2.4(1)(13)requires warehouses in
the Commercial General Zoning District to obtain a Use Permit.
The proposed amendment seeks to rectify the oversight and permit warehouses in the
Commercial General Zoning District.
SECTION2.Chapter 8,Kaua'i County Code 1987,as amended,is hereby
amended by amending Table 8-2.4 -Table ofUses,in pertinent part,as follows:
"TABLE 8-2.4 Table of Uses
?=:4.^.
2022
Sec.USE
ZONISG DISTRICT
Residential
RR
Commercia!Industrial
AG o
R-I
to
R-6
R-10
to
R-20 CN CG IL IG
8-2.40(1)Accessory uses and structures p
8-2.4(i )(2)Automobile sales,repair p
8-2.40X3)Automobile services p
8-2.40(4)Churches,temples and monasteries p
8-2.4U)(5)Clubs,lodges and community centers p
8-2.40)(6)Commercial indoor amusement and parks p
8-2.4CJ)(7)Department stores p
8-2.40(8)Hotels and motels p
8-2.40)(9)Household services p
8-2.40X10)Light manufacturing,such as handicrafts and
garment fabrication p
8-2.4G)(11)Minor food processing,such as cracked seeds,
jellies,candies and ice cream p
8-2.40(12)Museums,libraries and public services p
8-2.40)(13)Offices and professional buildlngs p
Scc.fSE
ZON1NG DISTR1CT
Residential
RR
Commercial Indusirial
AG o
R-l
to
R-6
R-10
to
R-20 CN CG IL IG
8-2.4G)(14)Parklng garages p
8-2.40X15)Personal services p
8-2.40X16)Public offices and buildings p
8-2.40)(17)Public parks and monuments p
8-2.4(j)(18)R-esearch and development p
8-2.4(j)(19)Residential dwellings,detached,attached or
multi-family dwellings p
8-2.4Q)(20)Restaurants and food services p
8-2.40X21)Retail sales p
8-2.40(22)Supennarkets and shopping centers p
8-2.40(23)
Fransient vacation rentals,provided they are
located within the designated Visitor Destination
Areas established pursuant to Article 17 ofthis
Chapter.These uses are prohibited in non-VDA
areas
p
8-2.40)(24)Fransportation terminals and docks p
8-2.40)(25)W^arehouses p
8-2.4QX26)ftfholesale outlets p
8-2.4(1)(1)Animal hospitals u
8-2.4(0(2)Bars u
8-2.4(1)(3)Botanical and zoological gardens u
8-2.4(1)(4)Commercial outdoor amusement u
8-2.4(1)(5)Communications facilities u
8-2.4(1)(6)Construction materials storage u
8-2.4(1)(7)Diverslfied agriculture u
8-2.4(1)(8)Food processing and packaging u
8-2.4(1)(9)Nightclubs and cabarets u
8-2.4(1)(10)Private and public utilitles and facilities u
Notes:
1 Requirements for Additional Dwelling Units (ADU)are contained in Article 15.
2 Only produce raised or grown on the property and/or associated farm or value-added goods
derived primarily from produce or livestock raised on the subject property and/or associated
fann.
KEY:U =Use Permit Required
P =Permitted Use or Structure (Zoning Permit may be required)"
SECTION 3.lf any provision of this ordinance or application thereof to any
person,persons,or circumstance is held invalid,the invalidity does not affect the other provisions
or applications of this ordinance which can be given effect without the invalid provision or
application,and to this end,the provisions ofthis ordinance are severable.
SECT10N 4.Ordinance material to be repealed is bracketed.New ordinance
material is underscored.When revising,compiling,or printing this ordinance for inclusion in the
Kaua'i County Code 1987,as amended,the brackets,bracketed material,and underscoring shall
not be included.
SECTION 5.This ordinance shall take effect upon its approval.
Introduced by:
(By Request)
DATE OF 1NTRODUCT10N:
LIhu'e,Kaua'i,Hawai'i
8-2.4(1)(11)Project development in accordance with Article
ICofthisChapter u
8-2.4(1)(12)Schools and day care centers u
[8-2.4(1)(13)][Warehouses][U]
8-2.4(1)[(14)]_Cm
Any other use or structure which the Planning
Director finds to be similar in nature to those
listed in this Section and appropriate to the
District
u
8-2.4(u)(2)
Homestay located in the Visitor Destination
Area (VDA),pursuant to Article 18 ofthis
Chapter
p
Ka'aina S.Hull
Director of Planning
Jodi A.Higuchi Sayegusa
Deputy Director of Planning
COUNTY OF KAUA'I
PLANNING DEPARTMENT
DIRECTOR'S REPORT
I.SUMMARY
Action Required by
PIanning Commission:
Consideration of a Bill for an Ordinance Amending Chapter 8,
Kaua'i County Code 1987,as amended,relating to the
Comprehensive Zoning Ordinance (CZO).
Permit Application Nos.Zoning Amendment ZA-2022-3
Name of Applicant(s)COUNTY OF KAUA'I,PLANNING DEPARTMENT
II.PERMIT INFORMATION
III.LEGAL REQUIREMENTS
r:^.i<?.»
MAR O 8 2022
AMENDMENTS
Zoning Amendment Pursuant to KCC Section 8-3.4(a),as amended,a Zoning
Amendment is necessary when changing the text whenever
the public necessity and convenience and the general
welfare require an amendment.
General Plan Amendment
Q Community PIan
Amendment
State Land Use District
Amendment
KCC Section 8-3.4
Public Hearing Date:March 8,2022
Date ofPublication:February 04,2022
Date of Director s Report:February 15,2022
IV.DESCRIPTION OF THE AMENDMENT
The proposed bill is being initiated by the County of Kaua'i Planning Department and the
purpose ofthe legislation (Bill No.to be determined)is to amend Section 8-2.4 ofthe
Comprehensive Zoning Ordinance (CZO)relating to the Commercial General Zoning
District Table of Uses.
The proposed amendment seeks to rectify an oversight to allow warehouses as generally
permitted in the Commercial-General Zoning District Table of Uses that would read:
ZA-2022-3 Director's Repon
CountyofKaua'i,Planning Department
March 08.2022
2 |Pag e
Sec.USE
ZONING DISTRICT
Residential
RR
Commercial Industrial
AG o
R-l
to
R-6
R-10
to
R-20 CN CG IL IG
8-2.4(j)(l)Accessory uses and stmctures p
8-2.4(j)(2)Automobile sales,repair p
8-2.4CJ)(3)Automobile services p
8-2.4(j)(4)Churches,temples and monasteries p
8-2.40X5)CIubs,lodges and community centers p
8-2.40(6)Commercial indoor amusement and parks p
8-2.40X7)Department stores p
8-2.4(j)(8)Hotels and motels p
8-2.40(9)Household services p
8-2.4(j)(10)Light manufacturing,such as handicrafts and
^arment fabrication p
8-2.40X11)Minor food processing,such as cracked seeds,
iellies,candies and ice cream p
8-2.4(j)(12)VIuseums,libraries and public services p
8-2.40X13)3ffices and professional buildings p
8-2.4(j)(14)Parking garages p
8-2.4CJ)(15):>ersonal services p
ZA-2022-3 Director's Report
County ofKaua'i,Planning Department
March 08,2022
3|Page
Sec.USE
ZONING DISTRICT
Residential
RR
Commercial Industrial
AG o
M
to
R-6
R-10
to
R^20 CN CG IL IG
8-2.4(j)(16)Public offices and buildings p
8-2.40(17)1'ublic parks and monuments p
8-2.4(j)(18)Research and development p
8-2.4(j)(19)Residential dwellings,detached,attached or
multi-family dwellings p
8-2.4(j)(20)Restaurants and food services p
8-2,4a)(21)Retail sales p
8-2.4(j)(22)Supermarkets and shopping centers p
8-2.4(j)(23)
Transient vacation rentals,provided they are
located within the designated Visitor Destination
Areas established pursuant to Article 17 of this
Chapter.These uses are prohibited in non-VDA
areas
p
8-2.4(j)(24)Transportation terminals and docks p
8-2.4(j)(25)Warehouses p
8-2.4(j)(26)Wholesale outlets p
8-2.4(1)(1)Animal hospitals u
8-2.4(1)(2)Bars u
8-2.4(I)(3)Botanical and zoological gardens u
8-2.4(1)(4)Commercial outdoor amusement u
8-2.4(1)(5)Communications facilities u
8-2.4(1)(6)Construction materials storage u
8-2.4(I)(7)Diversified agriculture u
Notes:
1 Requirements for Additional Dwelling Units (ADU)are contained in Article 15.
2 Only produce raised or grown on the property and/or associated farm or value-added goods derived
primarily from produce or livestock raised on the subject property and/or associated farm.
KEY:U =Use Permit Required
P =Permitted Use or Structure (Zoning Permit may be required)"
V.AMENDMENT JUSTIFICATION
As currently written in the Table of Uses,Section 8-2.4(j)(25)identifies warehouses in the
Commercial-General Zoning District as a permissible use.However,Section 8-2.4 (1)(13)
requires warehouses in the Commercial-GeneraI Zoning District to obtain a Use Permit.
The proposed amendment seeks to rectify the oversight and to generally permit warehouses
in the Commercial-General Zoning District as what it was intended to be.
It is further noted that the purpose of the commercial zoning district,as prescribed in
Article 6 of the CZO,is:
a)To designate areas suitable for commercial and public or private business activities
distributed so as to supply goods and services to the public in a convenient and
efficient manner.
ZA-2022-3 Director's Report
County of Kaua'i,Planning Depaitment
March 08,2022
4 |P a ge
8-2.4(1)(8)Food processing and packaging u
8-2.4(0(9)Nightclubs and cabarets u
8-2.4(1)(10)Private and public utilities and facilities u
8-2.4(1)(11)Project development in accordance with Article
lOofthisChapter u
8-2.4(1)(12)Schools and day care centers u
[8-2.4(1)(13)][Warehouses][U]
8-2.4(1)[(14)]_03}
Any other use or stmcture which the Planning
Director finds to be similar in nature to those
listed in this Section and appropriate to the
District
u
8-2.4(u)(2)
Homestay located in the Visitor Destination
Area (VDA),pursuant to Article 18 of this
Chapter
p
b)To relate commercial and business activities to established or projected transport,
utility and community pattems so that they may contribute to the general health,
safety and welfare of the public.
c)To assure that commercial and business development and uses will not detract from
the environmental qualities of the surrounding areas.
VI.AGENCY COMMENTS
See attached Exhibit A.
VII.PRELIMINARY EVALUATION
In evaluating the proposed zoning amendment,the following aspect should be taken into
consideration:
1.Comprehensive Zoning Ordinance (CZO)
The proposed amendment is to be evaluated pursuant to Section 8-3.4(d)of the CZO,
Kaua'i County Code (KCC),as amended.The section,reads:
"(d)Consideration.In considering an amendment,the Planning Commission
shall consider the purposes of the existing and proposed changes to the Zoning
Ordinance.A change in the Zoning Map or text shall not be made unless the
change will further the public necessity and convenience and the general
welfare."
As Previously mentioned,the intent of the amendment is to correct the oversight in the
current Table of Uses to ensure that there is consistency.Warehouses are generally a
permissible use within commercial areas and would be consistent with the
developments in that neighborhood.
2.General Plan
The 2018 General Plan sets forth a vision,goals,and policies to guide future growth on
Kaua'i.The proposed amendment is consistent with the overall vision and policies
outlined in the 2018 General Plan.
A.Section 1.4,entitled "Policies to Guide Growth"
i.Policy #1 Manage Growth to Preserve Rural Character"-
Permitting warehouses in the Commercial General Zoning District helps
concentrate growth within existing towns that better preserves
agriculture lands and open space.
ZA-2022-3 Director's Report
County of Kaua'i,Planning Department
March 08,2022
5|Page
ii.Policy #8:"Protect Kaua'i's Scenic beauty"-The Kauai County
Code Comprehensive Zoning Ordinance 1987,as amended,outright
permits Warehouses in the Commercial General Zoning District.
Amending the Kauai County Code Comprehensive Zoning Ordinance
1987,as amended to rectify the oversight ofrequiring a use permit will
allow warehouses to be permissible in designated areas that will
ultimately protect Kaua'i's Scenic Beauty.
iii.Policy #10:Help Business Thrive -The proposed legislation
strengthens our town cores by promoting opportunities for small
businesses,infrastmcture,and investment.
B.Section 1.1.3,entitled "General Plan Framework"
"Objectives and Actions by Sector-The ten sectors represent the areas that
must be considered in policy implementation.Within each sector are several
subsections which elaborate on more specific topics.Each subsection has an
objective that details the policy direction specific to the topic.Actions are
forward-looking and are organized by the implementation tool available to the
County.Actions represent what is needed to move policy forward.They include
code changes,updated or new plans,partnership needs,and projects."
•The proposed legislation aligns with the 2018 General Plan "objectives
and Actions by Sector"by updating the County Zoning Ordinance to
allow warehouses in the Commercial General Table of Uses.
VIII.PRELIMINARY CONCLUSION
Based on the foregoing findings and evaluation,it is concluded that the proposal is
reasonable and appropriate.It is also consistent with the policies and recommendations of
the Kaua'i General Plan.
IX.PRELMINARY RECOMMENDATION
Based on the foregoing evaluation and conclusion,it is recommended that Zoninj
ZA-2022-3 Director's Report
County of Kaua'i,Planning Department
March 08,2022
6 1 Page
By KMw^-
SHELEA BLACKSTAD
Planner
Approved &Recommended to Commission:
-^feAATNX ^IUM
Director ot'Planning
Date:^^/.Z-T^/^^Z.^
ZA-2022-3 Director's Report
County ofKaua'i,Planning Department
March 08,2022
7 |P a ge
//A //EXHIBIT"A
(Agency Comments)
cou>';'/
"22 JftN 28
'JAI
:in
ll.Ah?(:iiG !)L
COUNTY 01''KAUA'I
1'I.ANNING DEPAKTMliN'l'
4444 KICE STREE'r,SUITE A473 LIIIU'K,11AWAI-1 96766
(808)241.4050
FROM;Kaaina S.Hlill,Director (Shelea)1/20/2022
SUBJECT:<.ZonlilgAmendilK;ntZA-2022-3^
Cok,Plaiining Department,Applicant
TO:
FOR YOUR COMMENTS (pertaining to yoiir departinent):
CT^^s ^o ^f^cn.Co^^^^<orJ ^Hvt •^^'^6^'
^I^^H
\.yi-'io-a--S-
Tliis niattcr is schcclulcd for a public hearing bcfore thc County of Kiiuai Planning Coniinission on
3/8/2022 at thc Liluie Civic Center,Moikeha Uuildiiig,Meetiiig Rooin 2A-2B,4444 Ricc Street,
Liluie,Kaiiai,at 9:00 ain or sooii thereafter.If we (lo not receive yoiir agency coinmcnts wilhiii one (1 )
nioiitti froin tlic d;ite of this requcst,we wjll assiime that thcrc ;u'e no objcction.s to ttiis pennit request.
Mahalo!
~u
Dcparlinent ofTraiisportalioii -STP x DPW-Engineering~a_
DOT-Higliway,Kauai(iiifo oiily)
~a
DPW-Wastcwater"n
DOT-Airports,Kauai (info only)
~D
DPW-Builcling~0_
DOT-Harbois,Kauai (info only)
'u
DPW-SolidWastc
State Departmenl of Health s Department of Parks &Recrcation~a
State Depni-tment ofAgriculture
~w
Fire-Departnient~0_
State Office ofPlanning x County Housiiig-Agency~a'
Statc Dept.ofBus.&Econ.Dcv.Tourism
~D
County Economic Developmenl'u
Staie Land Use Comniission
~0
KHPRC-a:
Statc Hislofic Preservation Division Water Dcpanment
T[~0_DLNR-Laiid Management
~D
Kaua'i Civil Defcnse
DLNR-Foresly &Wildlife
-D~
U.S.Postal Department-a:
DLNR-Aqu.uic Resoiirces IT LIH Sea GrantsDLNR-OCCL n^wntyiTransportationAgency^~a
Other:
COUNTY OF KAUA'l
PLANNING DEPARTMENT
4444 RICE STREET,SUITE A473 LlHU'E,HAWAI'I 96766
(808)241.4050
FROM:Kaaina S.Hull,Director (Shelea)1/20/2022
SUBJECT:
TO:
Zoning Amendment ZA-2022-3,,?
Cok,Planning Department,Applicant
u Department of Transportation -STP DPW-Eng i neer i ngaDOT-Highway,Kauai(info only)D DPW-Wastewater
D DOT-Airports,Kauai (info only)D DPW-BuildingaDOT-Harbors,Kauai (info only)D DPW-SolidWaste
State Departmcnt of Health Department of Parks &Recreation
a State Department ofAgriculture Fire-Department j
State Office of Planning County Housing-Agency
Statc Dept.of Bus.&Econ.Dev.Tourism County Economic Development
D State Land Use Commission a KHPRC
a State Historic Preservation Division Water Department
a DLNR-Land Management Kaua'i Civil DefenseaDLNR-Foresty &Wildlife a U.S.Postal Dcpartment
a DLNR-Aquatic Resources UH Sea_Grant
D DLNR-OCCL County Transportation Agency
D Other:
FOR YOUR COMMENTS (pertaining to your department):
No cominents or concerns from Fire
This matter is scheduled for a public hearing before the County of Kauai Planning Commission on
3/8/2022 at the Lihue Civic Center,Moikeha Building,Meeting Room 2A-2B,4444 Rice Street,
Lihue,Kauai,at 9:00 am or soon thereafter.If we do not receive your agency comments within one (1 )
month from the date of this request,we will assume that there are no objections to this permit request.
Mahalo!
ORDINANCE N0.BILL N0.
A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8,
KAUA'I COUNTY CODE 1987,AS AMENDED,RELATING TO APPLICATION OF
REGULATIONS
SECTION 1.Findings and Purpose.The Councii finds that the Condominium Property
Regime process for vacant or open lands has in the past created confusion and antagonistic and
litigative actions between property owners as well as property owners and the County ofKaua'i,
particularly around the ability for landowners to propose that a respective property have
individual CPR units that do not qualify for any dwelling units.
The Council also finds that Hawai'i Revised Statutes,Section 514B-5 specifies,"Any
condominium property regime established under this chapter shall conform to the existing
underlying county zoning for the property and all applicable county permitting requirements
adopted by the county in which the property is located,including any supplemental rules adopted
by the county,pursuant to section 514B-6,to ensure the conformance of condominium property
regimes to the purposes and provisions ofcounty zoning and development ordinances..."
With this provision,and by practice,the Planning Department generally informs the
Hawai'i Real Estate Commission that CPR proposals that exceed their respective properties'
dwelling unit density do not conform to the existing underlying zoning.
The purpose ofthis ordinance is to amend the Comprehensive Zoning Ordinance to
explicitly reflect that condominium property regime dwelling unit density allocations align with
the respective zoning district density unit allocations.
SECTION 2.Chapter 8,Article 1,Kaua'i County Code 1987,as amended is hereby amended
by amending Sec.8-1.4,to read as follows:
(a)For the purposes ofthis Chapter,the County ofKaua'i shall include the districts of
Waimea,Koloa,LThu'e,Kawaihau and Hanalei as described in Sec.4-1(4),H.R.S.
(b)Unless otherwise expressly prohibited by law,the provisions ofthis Chapter shall apply
to all areas within the County boundaries.
(c)In administering and applying the provisions ofthis Chapter,unless otherwise stated,
they shall be held to be the minimum requirements necessary to accomplish the purpose of
this Chapter.
(d)For parcels containing multiple zoning designations,each designation shall be
considered individually in applying the standards ofthis Chapter,with the exception that any
lot or parcel located in the State Land Use Commission Agricultural District and containing
fifty (50)acres or more in the County Open District shall be considered together with the
County Agriculture District for the purpose of determining parcel acreage to apply
subdivision standards.
(e)Nothing in this Chapter shall regulate the placement,design and construction ofutility
poles,towers and transmission lines by a public utility company as defined in Sec.269-1,
H.R.S.,provided,that the poles and towers shall be no higher than twenty (20)feet above the
height limits for structures applicable in the Use District in which the poles and towers are
constructed.
(f)Nothing in this Chapter shall regulate the minimum size of lots in a subdivision which
are to be used for govemment or public utility facilities.The creation ofsuch lots shall be in
compliance with the provisions ofChapter 9,County Subdivision Ordinance,ofthe Code.
(g)Nothing in this Chapter shall prohibit the use offactory built housing or trailer homes
as permitted dwellings,buildings or structures for the purpose ofhuman habitation or
occupancy within the various Use Districts provided that all such factory built housing and
trailer homes must first:
(1)Meet all applicable development standards,density limitation and other such
requirements for the particular Use District;
(2)Be permanently afExed to the ground;
(3)Have had their wheels and axles,ifany,removed;
(4)If licensed pursuant to Hawai'i Revised Statutes Chapter 249,have been
registered as a stored vehicle in accordance with Hawai'i Revised Statutes Sec.
249-5;
(5)Meet the standards and requirements contained in Sec.12-4.4 ofChapter 12,
Building Code;and
(6)Meet all other applicable govemmental rules,regulations,ordinances,statutes and
laws.
(h)Recreational trailers may be used as temporary dwellings for travel,recreational or
vacation purposes in accordance with Chapter 16 (Recreational Trailer Camps)ofTitle 11,
Administrative Rules,Department ofHealth,State ofHawai'i,or any other State or County
laws,ordinances or mles relating to the use ofpublic or private lands,parks or camp grounds
for camping or recreational purposes.Except as provided herein,no recreational trailer shall
be used as a dwelling or building for the purpose ofhuman habitation or occupancy.(Ord.
No.935,November 14,2012)
(i)For proposed Condominium Propertv Regime ('CPR)proiects.the condominium project
shall not exceed the number ofdwelling units that the proiect site is entitled tojmder the
density standards established in the respective zoning district chapter.Each individual CPR
unit shall oualify for at lease one dwelling unit.
Ka'aina S.Hull
Director ofPlanning
Jodi A.Higuchi Sayegusa
Deputy Dircctor ofPlanning
I.SUMMARY
Action Required by
Planning Commission:
Permit Application No.
Name ofApplicant(s):
COUNTY OF KAUA'I
PLANNING DEPARTMENT
DIRECTOR'S REPORT
Consideration ofa Bill for an Ordinance to amend Chapter 8,
Kaua'i County Code,as amended,relating to the Comprehensive
Zoning Ordinance (CZO).
Zoning Amendment ZA-2022-4
COUNTY OF KAUA-I,PLANNING DEPARTMENT
II.PERMIT INFORMATION
III.LEGAL REQUIREMENTS
^t*-.0.1
MAR O 8 2022
V:\2022 Master Files\Amendments\Zoning\ZA-2022-4 CPR Oensity\Reports\Report-l 03.08.2022_ZA-2022-4 CPR Density.docx
AMENDMENTS
15<]Zoning Amendment Pursuant to K.CC Section 8-3.4(a),as amended,a Zoning
Amendment is necessary when changing the text whenever
the public necessity and convenience and the general
welfare require an amendment.
General Plan Amendment
Community Plan
Amendment
Q State Land Use District
Amendment
KCC Section 8-3.4
Public Hearing Date:March 8,2022
Date ofPublication:February 4,2022
Date ofDirector s Report:February 15,2022
IV.DESCRIPT10NOFTHEAMENDMENT
The proposed bill for an ordinance is being initiated by the County ofKaua'i Planning
Department and is hereby submitted to the Planning Commission for review and approval.
The purpose ofthis legislation (Bill No.to be determined)is to amend Section 8-1.4 ot the
Comprehensive Zoning Ordinance (CZO)relating to the Application ofRegulations and
more specifically,density standards involving parcels that have been partitioned through the
Condominium Property Regime (CPR)process,pursuant to Chapter 514B ofthe Hawaii
Revised Statutes.
The amendment adds new language to Section 8-1.4 that would read:
(i)For proposed Condominium Property Regime (CPR)projects,the condominium
project shall not exceed the number ofdwelling units that the project site is entitled
to under the density standards established in the respective zoning district chapter.
Each individual CPR unit shall qualify for at least one dwelling unit.
V.AMENDMENT JUSTIFICAT10N
The proposed legislation will regulate the number ofCPR units created in a Condominium
Property Regime project based on the number ofdwelling units that the project site is
entitled to through the density standards established in the respective zoning district ofthe
CZO.Currently,there is no language in the Kauai County Code that provides a nexus
between the number ofCPR units created in a CPR project and the density standards that
are outlined in the CZO.Condominium Property Regimes are created through and
regulated by the State ofHawaii,Department ofCommerce and Consumer Affairs
(DCCA),Real Estate Branch.Likewise,the underlying land ofa CPR project is regulated
by the County of Kauai through County zoning ordinances and land use regulations.
Subsequently,there is no language in the Kauai County Code that regulates the number of
CPR units within a project as it relates to the permissible density ofthe parcel.As a result,
there is a potential that the number of CPR units exceeds the permissible density of the
property;a CPR project could be partitioned into units that could be greater than the
maximum density.As proposed,the legislation would implement a County regulatory
standard that restricts the number ofCPR units for a CPR project such that the number of
CPR units would be consistent with the allowable density ofa project site and does not
exceed the maximum allowable density.Further,the proposed legislation ensures that each
individual CPR unit will qualify for at least one dwelling unit since it would be consistent
with the density standard established by the CZO.
VI.AGENCY COMMENTS
See attached Exhibit A.
2 1 P age
7.A-2022-4 CPR Dcnsitv
County ofKaua'i,Planning Department
March 8,2022
VII.FINDINGS
1.Havvaii Revised Statutes (HRS)Chapter 514B,entitled "Condominiums"
A.Section 514B-3 entitled "Definitions"specifies:
1)"Condominium means real estate,portions ofwhich are designated for
separate ownership and the remainder ofwhich is designated for common
ownership solely by the owners ofthose portions.Real estate is not a
condominium unless the undivided interests in the common elements are vested
in the unit owners.
2)"Project"means a real estate condominium project;a plan or project whereby a
condominium oftwo or more units located within the condominium property
regime are created.
3)"Property"means the land,whether or not contiguous and including more than
one parcel ofland,but located within the same vicinity,the building or
buildings,all improvements and all structures thereon,and all easements,rights,
and appurtenances intended for use in connection with the condominium,which
have been or are intended to be submitted to the regime established by this
chapter."Property"includes parcels with or without upper or lower boundaries,
and spaces that may be filled with air or water.
4)"Unit"means a physical or spatial portion ofthe condominium designated for
separate ownership or occupancy,the boundaries of which are described in the
declaration or pursuant to section 514B-35,with an exit to a public road or to a
common element leading to a public road.
B.Section 514B-5 entitled "Conformance with county land use laws"reads:
Any condominium property regime established under this chapter shall conform to
the existing underlying county zoning for the property and all applicable county
permitting requirements adopted by the county in which the property is located,
including any supplemental rules adopted by the county,pursuant to section
514B-6,to ensure the conformance ofcondominium property regimes to the
purposes and provisions ofcounty zoning and development ordinances and chapter
205,including section 205-4.6 where applicable.In the case ofa property which
includes one or more existing structures being converted to condominium status,the
condominium property regime shall comply with section 514B-32(a)(13)or
514B-84(a)."
ZA-2022-4 CPR Densitv
County ofKaua'i,Planning DepaHmcnt
Milrch 8,2022
3|Page
2.Chapter S^Comprehensive Zoning Ordinance ofthe Kauai County Code
A.Section 8-1.0 entitled "Purpose ofChapter"reads:
"The purpose ofthis Chapter is to provide regulations and standards for land
development and the construction ofbuildings and other structures in the County of
Kaua'i.By utilizing the findings and analysis ofthe County General Plan,this
Chapter establishes several land districts and delineates the respective types of
permitted uses and development that can take place in those districts.The
regulations and standards prescribed by this Chapter are intended to promote
development that is compatible with the Island's scenic beauty and environment
and to preclude inadequate,harmful or disruptive conditions that may prove
detrimental to the social and economic well being ofthe residents ofKaua'i."
B.Section 8-1.2 entitled Purpose"specifies:
This chapter is adopted for the purpose of:
(b)Regulating the use ofbuildings,structures and land for different purposes.
C.Section 8-1.5 entitled "Definitions"specifies:
1)"Density"means the number ofdwelling units allowed on a particular unit of
land area.
2)"Dwelling"means a building or portion thereofdesigned or used exclusively for
residential occupancy and having all necessary facilities for pennanent
residency such as living,sleeping,cooking,eating and sanitation.
3)"Dwelling Unit"means any building or any portion thereofwhich is designed
or intended for occupancy by one (1)family or persons living together or by a
person living alone and providing complete living facilities,within the unit for
sleeping,recreation,eating and sanitary facilities,including installed equipment
for only one (1)kitchen.
VIII.PRELIMINARY EVALUATION
In evaluating the proposed zoning amendment,the following aspect should be taken into
consideration:
The proposed request is to be evaluated pursuant to Section 8-3.4(d)ofthe Kauai County
Code,as amended,relating to the consideration ofa proposed amendment and it reads:
"(d)Consideration.In considering an amendment,the Planning Commission
shall consider the purposes ofthe existing and proposed changes to the
Zoning Ordinance.A change in the Zoning Map or text shall not be made
4 1 P age
ZA-2022-4 CPR Density
County ofKaua'i,Pianning Repartment
Maich 8,2022
unless the change wil]turther the public necessity and convenience and the
general welfare."
The proposed legislation will promote the public necessity and convenience and the general
welfare by implementing a County regulatory standard that will ensure that all CPR units
within a CPR project qualify for at least one dwelling unit.
1.Kauai County 2018 General Plan
A.The proposed legislation aligns with the 2018 General Plan as the Comprehensive
Zoning Ordinance falls under "development standards"in the hierarchical system
shown in Figure 1-1 entitled "County Planning System".Development standards
play a key role in the future growth ofKauai as they translate policies into specific
terms,such as permissible uses,building heights and other requirements.
B.Section 1.1.2 entitled "County Planning System"reads:
"Regulatory Ordinances and Administrative Rules including the
Comprehensive Zoning Ordinance (CZO),the Special Management Area
(SMA)Rules,and the Subdivision Ordinance,set standards for land uses,as
well as procedures and criteria for deciding discretionary permits.The CZO and
other land use regulations elaborate on General Plan and community plan
policies (both maps and text)into specific terms,such as permissible uses,
building heights,and other requirements.
C.Section 1.4 entitled "Policies to Guide Growth"
1)Policy #19 entitled "Communicate with Aloha Kaua'i"states:
"Residents care about planning and decision making.Govemment must
share information,encourage input,improve public processes,and be
responsive."
•The proposed legislation will improve the public process as it will
provide consistency between CPR projects and County zoning laws with
relation to density standards.
IX.PRELIMINARY CONCLUSION
Based on the foregoing findings and evaluation,it is concluded that the proposed
amendment to Section 8-1.4 ofthe Kaua'i County Code (1987),as amended,is reasonable
and appropriate.
51Page
ZA-2022-4 CPR Densitv
County ofKaua'i,Planning Department
Maich 8,2022
X.PRELIM1NARY RECOMMENDATION
Based on the foregoing evaluation and explanations above,it is recommended that Zoning
Amendment ZA-2022-4 be approved.
'Kenneth A.Estes
Planner
Approved &Recommended to Commission:
Director of Plaitning
Date:'2-
/'"^
l^t--^-l^Jl
ZA-2022-4 CPR Densit)
County ofKaua'i,Planning Department
March 8,2022
6 1 P age
//A //EXHIBIT"A
(AGENCYCOMMENTS)
COUNTY OF KAUA'I
PLANNING DEPARTMENT
4444 RICE STREET,SUITE A473 LlHU'E,HAWAl'I 96766
(S08)241.4050
FROM:Kaaina S.Hull,Director (Kenneth)1/20/2022
SUBJECT:,Zoning Amendment ZA-2022-4;f
Cok,Planning Department,Applicant
TO:
FOR YOUR COMMENTS (pertaining to your department):
No comments or concerns from fire
This matter is scheduled for a public hearing before the County of Kauai Planning Commission on
3/8/2022 at the Lihue Civic Center,Moikeha Building,Meeting Room 2A-2B,4444 Rice Street,
Lihue,Kauai,at 9:00 am or soon thereafter.If we do not receive your agency comments within one (1)
month from the date of this request,we will assume that there are no objections to this permit request.
Mahalo!
3:Department of Transportation -STP
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DPW-Engineering'a"
DOT-Highway,Kauai(info only)s DPW-Wastewater'n
DOT-Airports,Kauai (info only)s DPW-Building'D"
DOT-Harbors,Kauai (info only)DPW-SolidWaste~s
State Department of Health
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Department of Parks &Recreation'a'
State Department of Agriculture w Pire-Department^
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'22 JAN 2fi F'):;-.i COUNTYOFKAUA'I
PI.ANNING DEPARTMENT
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(808)241.4050
FROM:Kaaina S.HuII,Director
SUBJECT:
(Keiineth)1/20/2022
Amendment ZA-2022-4J
Cok,Planning Departinent,Applicant
TO:
FOR YOUR COMMENTS (pertaining to your department):
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This mattcr i.s scheduled for a public hearing before the County of Kauai Planning Commission on
3/8/2022 at the Lihue Civic Center,Moikeha Building,Meeting Room 2A-2B,4444 Rice Streel,
Lihue,Kauai,at 9:00 ain or soon thereafter.If we do not receive your agency comments within one (1 )
month from the date of this requcsl.,we will a.ssume thal there are no objections lo this permit request.
Mahalo!
u Department ofTransportation -STP
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DPW-Engineering~0
DOT-Highway,Kauai(info only)u DPW-Wastewater
DOT-Airports,Kauai (info only)
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DPW-BuildingsDOT-Harbors,Kauai (info only)
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DPW-SolidWaste~M
State Department of Health
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Department of Parks &RecreationsStateDepartmentofAgriculture
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Fire-Depanment~n
State Office of Planning County Housing-AgencysStateDept.of Bus.&Econ.Dev.Tourism
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County Economic DevelopmentsStateLandUseCommissionTTKHPRCsStateHistoricPreservationDivision
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Water Department~D
DLNR-Land Management
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Kaua'i Civil Defense~n
DLNR-Foresty &Wildlife
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U.S.Postal DepartmentsDLNR-Aquatic Resources
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Other:
EXHIBIT'B"
(DRAFT BILL)
ORD1NANCE N0.BILL N0.
A BILL FOR AN ORDINANCE TO AMEND CHAPTER 8,
KAUA'I COUNTY CODE 1987,AS AMENDED,RELATING TO APPL1CATION OF
REGULATIONS
SECTION 1.Findings and Purpose.The Council finds that the Condominium Property
Regime process for vacant or open lands has in the past created confusion and antagonistic and
litigative actions between property owners as well as property owners and the County ofKaua'i,
particularly around the ability for landowners to propose that a respective property have
individual CPR units that do not qualify for any dwelling units.
The Council also finds that Hawai'i Revised Statutes,Section 514B-5 specifies,"Any
condominium property regime established under this chapter shall conform to the existing
underlying county zoning for the property and all applicable county permitting requirements
adopted by the county in which the property is located,including any supplemental rules adopted
by the county,pursuant to section 514B-6,to ensure the conformance ofcondominium property
regimes to the puiposes and provisions ofcounty zoning and development ordinances..."
With this provision,and by practice,the Planning Department generally informs the
Hawai i Real Estate Commission that CPR proposals that exceed their respective properties'
dwelling unit density do not conform to the existing underlying zoning.
The purpose ofthis ordinance is to amend the Comprehensive Zoning Ordinance to
explicitly reflect that condominium property regime dwelling unit density allocations align with
the respective zoning district density unit allocations.
SECTION 2.Chapter 8,Article 1,Kaua'i County Code 1 987,as amended is hereby amended
by amending Sec.8-1.4,to read as follows:
(a)For the purposes ofthis Chapter,the County of Kaua'i shall include the districts of
Waimea,Koloa,LIhu'e,Kawaihau and Hanalei as described in Sec.4-1(4),H.R.S.
(b)Unless otherwise expressly prohibited by law,the provisions ofthis Chapter shall apply
to all areas within the County boundaries.
(c)[n administering and applying the provisions ofthis Chapter,unless otherwise stated,
they shall be held to be the minimum requirements necessar)'to accomplish the purpose ot'
this Chapter.
(d)For parcels containing multiple zoning designations,each designation shall be
considered individually in applying the standards ofthis Chapter,with the exception that any
lot or parcel located in the State Land Use Commission Agricultural District and containing
fifty (50)acres or more in the County Open District shall be considered together with the
County Agriculture District for the purpose ofdetermining parcel acreage to apply
subdivision standards.
(e)Nothing in this Chapter shall regulate the placement,design and construction ofutility
poles,toivers and transmission lines by a public utility company as defined in Sec.269-1,
H.R.S.,provided,that the poles and towers shall be no higher than twenty (20)feet above the
height limits for structures applicable in the Use District in which the poles and toivers are
constructed.
(O Nothing in this Chapter shall regulate the minimum size oflots in a subdivision which
are to be used for govemment or public utility facilities.The creation ofsuch lots shall be in
compliance with the provisions ofChapter 9,County Subdivision Ordinance,ofthe Code.
(g)Nothing in this Chapter shall prohibit the use of factory built housing or trailer homes
as permitted dwellings,buildings or structures for the purpose ofhuman habitation or
occupancy within the various Use Districts provided that all such tactory built housing and
trailer homes must first:
(1)Meet all applicable development standards,density limitation and other such
requirements for the particular Use District;
(2)Be permanently affixed to the ground;
(3)Have had their wheels and axles,ifany,removed;
(4)Iflicensed pursuant to Havvai'i Revised Statutes Chapter 249,have been
registered as a stored vehicle in accordance with Havvai'i Revised Statutes Sec.
249-5;
(5)Meet the standards and requirements contained in Sec.12-4.4 ofChapter 12,
Building Code;and
(6)Meet all other applicable govemmental rules,regulations,ordinances,statutes and
laws.
(h)Recreational trailers may be used as temporary dwellings for travel,recreational or
vacation purposes in accordance with Chapter 16 (Recreational Trailer Camps)ofTitle 11,
Administrative Rules,Department ofHealth,State ofHawai'i,or any other State or County
laws,ordinances or rules relating to the use ofpublic or private lands,parks or camp grounds
for camping or recreational purposes.Except as provided herein,no recreational trailer shall
be used as a dwelling or building for the purpose ofhuman habitation or occupancy.(Ord.
No.935,Novemberl4,2012)
(i)For proposed Condominium Property Reeime CCPR)proiects.the condominium project
shall not exceed the number ofdwelline units that the proiect site is entitled to under the
density standards established in the respective zonine district chapter.Each individual CPR
unit shall qualifv for at lease one dwelling unit.
1
MCCORRISTON MILLER MUKAI MACKINNON LLP
LAUREL LOO 4806
4357 Rice Street, Suite 102
Lihu`e, Kaua`i, Hawai`i 96766
Telephone No.: (808) 632-2267
Facsimile No.: (808) 524-8293
Attorney for Applicants
IP2 LLC dba The Beach House Restaurant
BEFORE THE PLANNING COMISSION
OF THE
COUNTY OF KAUA`I
In the Matter of the Application ) SMA PERMIT NO. ________________
)
Of ) APPLICATION FOR SPECIAL
) MANAGEMENT AREA USE PERMIT;
IP2 LLC dba THE BEACH HOUSE ) SMA (U)-2021; EXHIBITS “A” – “E”
RESTAURANT, affecting real property )
at Koloa, Island and County of Kaua`i, )
State of Hawai`i, more particularly )
Identified as Tax Map Key No. )
(4) 2-6-005:011, containing an area of )
34,900 square feet, more or less )
_________________________________ )
APPLICATION FOR SPECIAL MANAGEMENT AREA USE PERMIT
I. APPLICANTS AND OVERVIEW
A.. Applicants: The Applicants are IP2 LLC, dba The Beach House
Restaurant, which has authorized Laurel Loo of McCorriston Miller Mukai MacKinnon,
LLC, to file this Application.
2
B. Property: The Property is located at 5022 Lawai Road, Koloa, Kauai,
Hawaii, and is more particularly identified as Tax Map Key (4) 2-6-005:011. A legal
description of the Property is described in the Deed to the Property, attached hereto as
Exhibit “A”.
C. Overview of Application: The Applicants are seeking to change their
temporary Special Management Area (“SMA”) Emergency Permit into a permanent
SMA permit under the same terms and conditions as allowed under the existing SMA
Emergency Permit. The existing SMA Emergency Permit is attached as Exhibit “B”.
The temporary tent is important to allow outdoor dining options during the pandemic. It
is generally taken down every two days and its use is sporadic, as addressed below in
Section IV.
II. LAND USE DESIGNATIONS AND DESCRIPTIONS
A. SLUC: The State Land Use is designated Urban.
B. County zoning: County zoning is C-N, Neighborhood Commercial, for
approximately .56 acres, and Open along the coastline, or approximately .25 acres.
The Property is located in the Visitor Destination Area.
C. The General Plan Designation: The General Plan designation is Natural.
D. Special Management Area: The Property is in the Special Management
Area.
E. Shoreline Setback Area. The Property is located on the shoreline and a
Shoreline Setback Determination has been filed with the Planning Department on
September 28, 2021.
3
F. Flood: The Property is designated VE, along the coastline in the Open
zone. Zone VE is the flood insurance rate zone which corresponds to areas within the 1
percent annual chance coastal floodplain that have additional hazards associated with
storm waves. Mandatory flood insurance purchase requirements apply. The remainder
of the Property is designated AE, the flood insurance rate zone that corresponds to the
1 percent annual chance floodplains that are determined in the federal Flood Insurance
Study by detailed methods of analysis. Mandatory flood insurance purchase
requirements also apply.
III. COMPREHENSIVE ZONING ORDINANCE
A. Neighborhood Commercial. The majority of the parcel is designated
Neighborhood Commercial. According to Section 8-6.2 of the CZO, “Neighborhood
Commercial shall include uses and services which are frequently required and utilized
by residents of all ages and which can be compatibly located in close proximity to
residential districts.”
B. Open. The coastal edge of the Property is designated as Open zoning.
Pursuant to Section 8-9.1 of the CZO:
The Open District is established and regulated to create and maintain an
adequate and functional amount of predominantly open land to provide
for the recreational and aesthetic needs of the community or to provide
for the effective functioning of land, air, water, plant and animal systems
or communities.
(a) To preserve, maintain or improve the essential characteristics of land and
water areas that are:
(1) of significant value to the public as scenic or recreational resources;
(2) important to the overall structure and organization of urban areas
and which provide accessible and usable open areas for
recreational and aesthetic purposes;
4
(3) necessary to insulate or buffer the public and places of residence
from undesirable environmental factors caused by, or related to,
particular uses such as noise, dust, and visually offensive
elements.
(b) To preserve, maintain or improve the essential functions of physical and
ecological systems, forms or forces which significantly affect the general health, safety
and welfare.
(c) To define and regulate use and development within areas which may be
potentially hazardous.
(d) To include areas indicated on the County General Plan as open or as parks.
Under the Neighborhood Commercial zoning, clearly a restaurant is a service
which is frequently required and used by residents of all ages and which can be
compatibly located in close proximity to residential districts. The Beach House
Restaurant is located next to and across the street from hundreds of apartment units,
many of which are owned or rented by frequent guests of the restaurant.
As to the Open District Portion of the Property, along the coastline, a temporary
tent certainly is important to the “organization of urban areas and which provide
accessible and usable open areas for recreational and aesthetic purposes. The open-
sided tent will not substantially affect the open area along the coastline.
IV. COASTAL ZONE MANAGEMENT ACT AND SPECIAL MANAGEMENT AREA
RULES AND REGULATIONS
The Special Management Area Rules and Regulations of the County of Kaua`i
state:
No development shall be approved unless the Director or the Planning Commission
has found that:
1) The development will not have any substantial,
adverse environmental or ecological effect except as such adverse
effect is minimized to the extent practicable and clearly outweighed
5
by public health, safety, and welfare, or compelling public interest.
Such adverse effect shall include, but not be limited to, the potential
cumulative impact of individual developments, each one of which
taken in itself might not have a substantial adverse effect, and the
elimination of planning options;
2) The development is consistent with the
objectives and policies, as enumerated in HRS Chapter 205A and as
referred to in Section 3.0 above, and the Special Management Area
guidelines set forth in these Rules and Regulations; and
3) The development is consistent with the county
general plan and zoning ordinances. Such a finding of consistency
does not preclude concurrent processing where a general plan or
zoning amendment may also be required.
Chapter 205A of the Hawai`i Revised Statutes lists as its objectives: recreational
resources, historic resources, scenic and open space resources, coastal ecosystems,
economic uses, coastal hazards, managing development, public participation, beach
protection, marine resources, recreational resources, historic resources, scenic and open
space resources, coastal ecosystems, economic uses, coastal hazards, managing
development, public participation, beach protection and marine resources.
This application is for a temporary tent, which measures 30 feet by 40 feet, with
open sides, not easily visible from Lawai Road unless you are approaching the restaurant
from the south. The tent was used to add dining area to allow the restaurant to serve
patrons in a socially distant, safe manner outdoors and was frequently used for wedding
receptions and other functions particularly during the height of the Covid-19 pandemic in
2020 and 2021. It continues to be a popular venue for residents and visitors who want a
socially distant venue for celebrations. As Covid-19 variants may come and go, the
Applicant views the tent as a necessary tool in allowing it to provide a venue for its
customers with an unknown course of Covid-19. A photo of the tent that was used on the
6
Property in 2020 is attached as Exhibit “C,” and circled in red. A more current photo of the
new tent that has replaced the old tent is attached as Exhibit “D”. The new tent is see-
through from the side and top. For weddings, chairs may be placed on the lawn as
depicted on Exhibit “D.”
The tent is taken down after each use, unless another use is planned within the
next day or two. It is never left up longer than two weeks at a time; though more frequently
it is taken down every two days to eliminate weathering to the tent.
While the tent is visible from all sides, the fact that it has no sides and a transparent
top means there is little or no obstruction of view from any direction, particularly from public
spaces toward the ocean as the restaurant blocks most of the view of the tent when
viewed from Lawai Road.
Because of the foregoing, the development will not have any substantial or adverse
environmental or ecological impact; in fact, the majority of the parcel is not affected by the
tent. As such, the development is consistent with the objectives and policies of HRS
Chapter 205A and the SMA guidelines adopted by the County.
V. PRIOR PERMITS
A. The Beach House Restaurant existed at this Property since approximately
1961, although there are no records that appear to exist today relating to a 1961-era
permit. In 1983, however, after the restaurant was heavily damaged by Hurricane Iwa in
1982, the then-owner of the restaurant and property, C. Paul Sandifur Sr., applied for a
zoning permit to reconstruct the Beach House Restaurant and shops.
7
The Planning Department staff report for that 1982 zoning permit application stated
“[t]he Beach House Restaurant and Shops operated for 22 years on this site prior to
destruction due to Hurricane Iwa.”
The 1983 staff report also noted there were no known sites of historic significance
within the parcel and no known ecological resources of significance.
On June 29, 1983, the Kauai County Planning Commission approved SMA and
Use permits for the reconstruction of the Beach House Restaurants and shops on the
property, which is the permanent structure that exists today. Copies of the 1982 approval
letter and staff report are attached as Exhibit “E.”
VI. NATIVE HAWAIIAN AND CULTURAL USES
The Applicant is unaware of any current traditional and customary rights
practiced in the immediate vicinity. Applicant has never received any requests for access
to the property from individuals claiming a traditional use. There are no visible trails or
evidence of other uses on the property as the property has been in commercial
development since at least 1961.
Applicant has interviewed kupuna in the area, including Julie Souza, who was born
and raised about 1/3 of a mile away and still lives in her ancestral home. She states she is
unaware of any cultural or traditional practices on the Property. Ms. Souza remembers Mr.
Sandifur as a developer who was “one of the good guys” who would have addressed
cultural concerns, if there were any raised at the time. Souza notes she is only aware of
cultural resources in the area as being located at Prince Kuhio Park, which is about 350
feet from the Property and across Lawai Road. The park is a tribute to Prince Jonah
8
Kuhio Kalaniaole, who was born in Koloa. The park is a cultural gathering place, and
contains a heiau (shrine) and other artifacts.
Applicant has also written to the State of Hawai`i Historic Preservation Division and
the Burial Council, advising them of this application, and has received no comments or
concerns.
VII. OTHER LAND FEATURES
A. Threatened and Endangered Species. According to the University of Hawaii
Rare Species database, there are no known or reported threatened and endangered
species within or adjacent to the Property.
B. Critical Habitat. According to date from the Department of Land and Natural
Resources and the Division of Forestry and Wildlife, there are no known or reported critical
habitats within or adjacent to the Property.
C. Soils. The entire parcel consists of Wet soil
(Waikomo rocky silty clay).
D. Constraints District: The Property is designated SH (Shore) and ST
(Tsunami).
E. Public Beach Access: Although the area adjacent to Lawai Road of the
Property is customarily trafficked by pedestrians as it is located next to a small sandy
beach, there are also two existing public beach access easements near the property at the
County beach and along the rocky coastline adjacent to the Property.
VIII. IMPACT OF THIS DEVELOPMENT
As stated in Sections IV. And V. above, there are no known historic or ecologic
impacts this proposed use would bring.
9
Outdoor use may affect beachgoers in terms of visibility and noise; however, the
temporary tent has been in use under the emergency permits since last year, and there
have been no formal complaints from neighbors since then. All music stops at 10 p.m.
Any trash or other impacts caused by usage of the tent will be combined with the
permanent restaurant. Patrons of the outdoor tent are allowed use of parking valet and
restrooms provided by the main restaurant.
Traffic is not expected to increase dramatically as the use is occasional and not
nightly.
IX. CONCLUSION
Applicant respectfully requests the granting of a SMA Use permit to allow the
permanent use of a temporary tent and fixtures for outdoor dining, as depicted in the
attached exhibits.
DATED: Lihu`e, Kaua`i, Hawai`i, January 14, 2022.
Respectfully submitted,
Laurel Loo
Attorney for Applicant IP2 LLC, dba
The Beach House Restaurant
EXHIBIT D
Ka'aina S.Hull
Dlrector of Plaiining
COUNTY OF KAUA'I
PLANNING DEPARTMENT
DIRECTOR'S REPORT
Jodi A.Higuchi Sayegusa
Deputy Director of Planning
I.SUMMARY
Action Required by
Planning Commission:
Consideration for an amendment of the pennits to allow operation
of outdoor dining and conduct special event activities on the
parcel.
Permit Application Nos.Class IV Zoning Pennit Z-IV-1983-27 (Amendment)
Use Permit U-1983-17 (Amendment)
Special Management Area Use Permit SMA(U)-1983-4
(Amendment)
Name of Applicant(s)IP2 LLC DBA THE BEACH HOUSE RESTAURANT
II.PERMIT INFORMATION
PERMI'KREQUIRED^
Use Permit
I1 Project Development Use
Permit
Variance Permit
1I Special Permit
I1 Zoning Permit Class
rv
Dm
Special Management Area
Permit
Use
DMinor
Pursuant to Section 205A of the Hawaii Revised Statutes
(HRS)and the Special Management Area Rules and
Regulations of the County of Kaua'i,the change in intensity
of use of land,including but not limited to the division or
subdivision of land;which constitutes "Development".
Therefore,a SMA Use Permit is required as defined in
Section 7.3 ofthe SMA Rules.
AMENDMENTS
[_]Zoning Amendment
V:\1983 Master Files\Regulatory\Zoimig PemiitsVClass IV\Z-rV-1983-27\Amendmeiit\CorTesspoiidence\Report-l Amendment 3.15.22_Z-rV-
1983-27_U-1983-17_SMA(U)-83-4_BcachHouse.docx
Date ofReceipt of Completed
AppUcation:February 7 ,2022
Date of Director's Report:March 15,2022
Date of Public Hearing:April 12,2022
Deadline Date for PC to Take Action
(60 Day):June7,2022
III.PROJECTDATA
Z-IV-1983-27,U-1983-17,SMA(U)-1983-4;Director's Rcpon
IP2 LLC DBA THE BEACH HOUSE RESTAURANT
March 15,2022
2|Page
I1 General Plan Amenilment
State Land Use District
Amendment
PROJECTINTORMATION
Parcel Location:The project is located on the makai portion ofLawa'i Road adjaceut to
the Lawa'i Beach Resort.
Tax Map Key(s):(4)2-6-005:011 Area:0.8012 acres
ZONING &DEVELOPMENT STANDARDS
Zoning:Commercial Neighborhood (C-N)/Open (0)
State Land Use District:Urban (U)
General PIan Designation:Natural
Height Limit:Commercial Neighborhood (C-N):
No building within a Neighborhood Commercial
District shall exceed thirty-five (35)feet in height
measured from the ground level of the primary
buildmg entrance nor shall the building contain
more than two (2)stories.
Open (0):
No single family detached,or single family
attached dwelling,or accessory structure shall be
more than two (2)stories above and one (1)story
below from the fmished grade at the main entry,
over twenty (20)feet measured from the finished
grade at the main entry to the highest exterior wall
plate line,and over thirty (30)feet to the highest
point of the roof measured at each point along the
building from the finished grade at the main entry.
The finished grade at the main entry shall not be
elevated more than a maximum of four (4)feet
from the existmg grade.
Z-FV-1983-27,U-1983-17,SMA(U)-1983-4;Dircctor's Report
IP2 LLC DBA THE BEACH HOUSE RESTAURANT
March 15,2022
3|Page
No multiple family buildings,hotel,or motel,shall
be more than ten (10)feet higher than any
residential building located within thirty (30)feet of
the building,or shall not exceed four (4)stories nor
exceed forty (40)feet from finished grade at each
point along the building to the highest wall plate
line.Gables and roof height shall not exceed one-
half (1/2)the wall height or fifteen (15)feet,
whichever is less.
Max.Land Coverage:Commercial Neighborhood (C-N):80%max.
Open (0):10%maximum
Front Setback:Commercial Neighborhood (C-N):
The miaimum distance of any building &om the
right-of-way line of a public or private street or the
pavement line of a driveway or parking lot used by
the public shall be five (5)feet unless the building
is entered from that side by motor vehicles in which
case the minimum distance shall be fifteen (15)
feet.
Open (0):lO'-O"mmimum
Rear Setback:Commercial Neighborhood (C-N):
The minimum distance of any building to a rear
property line when adjacent use district is
commercial shall be zero.When the adjacent rear
use district is other than commercial,the mmimum
distance to the rear property line shall be ten (10)
feet.
Open(0):
Five feet (5')or '/2 the wall plate height whichever
is greater.
Side Setback:Commercial Neighborhood (C-N):
The minimum distance of any building to a side
property line when the adjacent use district is
commercial shall be zero.When the adjacent use
district is other than commercial,the minimum
distance to the property line shall be the same as
that required for residential use.
Open(0):
Five feet (5')or '/2 the wall plate height whichever
is greater.
Community Plan Area:N/A
IV.LEGAL REQmREMENTS
Section 8.0,9.0,and 10.0 of
the Special Management
Area Rules and Regulations:
This report is being transmitted to the Applicant and
Planning Commission in order to satisfy the
requirements ofSections 8.0,9.0 and 10.0 ofthe Special
Management Area Rules and Regulations.The
application was received on February 7,2022 and the
Applicant,through its authorized agent,was notified
accordmgly of the Planning Department's mtent to
commence pennit processmg.
PubUcHearingDate:APRIL 12,2022
V.PROJECT DESCRIPTION AND USE
The subject property has dual county zoning designations of Commercial-Neighborhood
(C-N)and Open (0).The Kaua'i Beach House Restaurant and Shops have been in
operation for the past twenty (22)years prior to suffering the destructive forces of
Hurricane Iwa in 1982.On June 29,1983,the Kaua'i Plarming Commission approved the
reconstraction ofthe Beach House Restaurant and shops.The Beach House Restaurant and
Shops are constmcted entirely within the Commercial-Neighborhood (C-N)zouing area of
the property.The proposed development involvmg the outdoor dining area and place for
special events occurs on the makai lawn,which is situated m the County Open (0)zone.
During the height of the COVID-19 pandemic in early 2020,safety protocols such as safe
social distancing had become a challenge for the applicant m order to allow in-door dining
and hold special events.As a result,tthe applicant applied for a Special Management Area
Use Emergeucy Pemiit (SMA (E)-2022-l to expand the dining area of the restaurant onto
the makai lawn area with a temporary tent and temporary fumiture fixtures (see exhibit "C"
and "D").The thirty (30)feet by forty (40)feet tent and fumiture fixtures will be taken
down as needed and not be left up for more than a period of fourteen (14)consecutive days
in duration durmg any three (3)month period.The activities will cease no later than 10:00
p.m.nightly.
VI.APPLICANT'S REASONS/JUSTIFICATION
The proposed amendment will allow the applicant to continue the operation of the outdoor
dining and conduct special event activities in perpetuity.(Refer to Application)
VII.ADDITIONAL FINDINGS
Z-rv-1983-27,U-1983-17,SMA(U)-I983-4;Director's Report
IP2 LLC DBA THE BEACH HOUSE RESTAURANT
Maich 15,2022
4|Page
Community Plan Land Use
Designation:
N/A
Deviations or Variances Requested:N/A
1.The project site is located on the makai area ofLawa'i Beach road across Lawa'i Beach
Resort,approximately 0.79 miles east ofthe Kukui'ula Boat Harbor.
2.The State Land Use District (SLUD)designation is "Urban"which allows for urban
growth in a specified area.
3.The proposed development is a shoreline property and is within the 500 foot shoreline
setback threshold,pursuant to the County's shoreline setback requirements contained in
Chapter 8,Article 27 ofthe Kaua'i County Code (1987),as amended.A Shoreline
Setback Determination Application (SSD-2022-12)was submitted and presented to the
Planning Commission on October 16,2021.
4.The commercial zoned portion of the subject property is located within the Visitor
Designation Area (VDA),whereas the open zoned area is not.As such,ovemight
accommodations withm the makai lawn area are not permissible.
5.The General Plan designation (GP)is "Natural".According to the GP,areas designated
as Natural have limited development due to topography,hazards vuluerability,sensitive
resources,and other constraints.They mclude State Land Use Conservation District
lands and some County Open Zoning Districts.
6.The subject parcel area where the existing Kaua'i Beach House Restaurant and Shops is
located is withm the Zone 'AE'of the Federal Emergency Management Agency
(FEMA)FIood Insurance Rate Map and is susceptible to 1%annual chance offlooding
hazards.The makai lawn area is in the Zone "VE"coastal hazard area and the entire
parcel is within the tsunami evacuation zone.
7.The topography is relatively flat and no grading of the project area will be done.
8.Soecial Management Area (SMA)
In addressing the issues ofthe Special Management Area and its objectives and
policies,the following aspects will be considered and evaluated:
a.Recreational Resources
b.Cultural/Historic Resources
c.Scenic resources
d.Coastal Hazard
e.Coastal Ecosystem
Furthennore,the proposal does not:
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•Involve dredging,filling or otherwise altermg any bay,salt marsh,river
mouth,slough,or lagoon;
•Reduce the size of auy beach or ofher area usable for public recreation;
•Reduce 01 impose restrictions upon public access to tidal and submerged
lands,beaches,rivers,and streams within the SMA;and
•Adversely affect water quality,existiug areas of open water free of visible
structures,existing and potential fisheries and fishing grounds,wildlife
habitats,estuarine sanctuaries,potential or existing agriculture uses of land.
9.CZO Development Standards
The proposed development is subject to standards prescribed in Section 8-4.3 and
Section 8-9.2.
a.Setback Requirements:Front property line setbacks are ten feet (10'-0")and rear
property line setback of five feet (5'-0")or half the distance of the plate height.
Given the temporaiy use of the tent and placement of fumiture fixtures,setback
requirements are not applicable.
b.Lot Coverage:Lot coverage within county Open (0)zoning designation of the
makai lawn area is not to exceed 10%of the parcel or lot area.Given the temporary
use of the tent and temporary placement of fumiture fixtures,lot coverage
requirements are not applicable.
c.Building Height:Pursuant to Sec.8-4.5(b)of the Kaua'i County Code (KCC)1987
as amended,the allowable height for any dwellings and accessory stmctures shall
not be over thirty (30)feet to the highest point of the roof measured at each point of
along the building from finished grade at main entry.Given the temporary use of
the tent and temporary placement of fumiture fixtures,building height requirements
are not applicable.
VIII.AGENCY COMMENTS
See attached Exhibit "A"
IX.PRELIMINARYEVALUATION
In evaluating the Applicant's request to allow the expansion of the dining area of the
restaurant onto the makai lawn using a temporary tent and temporary fixture placement,the
following are being considered.
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1.General Plan
The proposed development satisfies the following policies of the General Plan,as taken
from Section 1.3 and 1.4:
A.1.3,entitled "VISIONS AND GOALS"
1)Goal #1 "Sustainable Island"-The proposed expansion of the dming area for
the Kaua'i Beach House Restaurant will utilize temporaiy stmctures such as the
30'X 40'tent and the temporary placement of fixtures.These will not be
intended to be left in place for an extensive period.There will be no permanent
stmctures built along the shoreline.
2)Goal #2 "Unique and Beautiful Place"-The temporary tent and fixtures
would be taken down as needed and not be left in place permanently or for an
extended period.The proposed use should have mmimal impacts to the rural
character of the area.
3)Goal #3 "A Healthy and Resilient People"-The proposed expansion of the
diiiing areahelps promote safe social distancing during the COVID-19
Pandemic for tourists and local residents.
4)Goal #4 "An Equitable Place,with Opportunity for All"-The applicant
intends to use the expansion area on the makai lawn for weddings,family
parties,and other special events.This operation can potentially provide jobs for
these types of services.
B.Section 1.4,entitled "POLICIES TO GUIDE GROWTH"
1)Policy #8 "Protect Kaua'i's Scenic Beauty"-Kaua'i is home to distinctive
natural views and landmarks.No permanent structures are proposed along the
shoreline.The 30 foot by 40 foot tent will be open at all sides and have a
transparent top.
2)Policy#9 "Uphold Kaua'i as a Unique Visitor Destination"-The Kaua'i
Beach House Restaurant is located withm a resort aiea.The temporary use of
the tent and fixture placement will have minimal impacts on existing
infrastmcture and existing communities.This use will not add any transienf
vacation rentals to the area.
2.Native Hawaiian Traditional and_Cultural Rights
The subject property has been fully developed and in operation since 1961.The
applicant has interviewed kupuna in the area and is unaware of any current traditional
and customary practices on the subject property.Prince Kiihio Park which is located
across the street from Lawa'i Beach Road is a cultural gathering place and contains a
heiau and other artifacts.
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After the Applicant consulted with a kupuna who are familiar with the area and
evaluating historical information that was available to the department,the department
finds that the proposed Project involving a developed parcel should have no impact on
any known Hawaiian traditional or customary practices for the following reasons:
o There are no known traditional or customary practices of native Hawaiians that
are presently occurring within the Project Site.
o There are no special gathering practices taking place within any portion of the
Project Site.
o The Project will not detrimentally affect access to any streams;access to the
shoreline or other adjacent shoreline areas;or gathering along any streams,the
shoreline or in the ocean.
o There are no kaown religious practices takmg place within the Project Site.
o There are no known pre-contact cultural or historic sites or resources located
within the Project Site.
o There are no known burials within the Petition Area.
3.SMA Rules and Reeulations
The COK SMA Rules and Regulations contain objectives,policies and guidelines
designed to protect coastal resources.Within the SMA,special consideration is given
to recreational opportunities,cultural aad historic resources,scenic qualities and open
space,coastal ecosystems,and coastal hazards.In evaluating the proposed
development relative to the goals and objectives ofthe SMA Rules and Regulations,the
following aspects are taken into consideration:
a.Public Access and Coastal Recreation -The project area has two public beach
accesses along its westem and eastem boundaries that traverses along the rocky
coastline of adjacent to the property.The Applicant would be advised that the
temporary tent placement and conduct of special activities should not impede use
of the non-exclusive access easement.
b.CulturaV Historical Resources -The project site has been previously
developed and in operation smce 1961.During the (1983)reconstmction of
the restaurant and shops,it was noted that no known sites of historic
significance are within the subject site.
c.Scenic and Orien Space Resources -The project is a shoreline parcel.The area of
proposed development is an expansion of the existing restaurant and utilizes a
temporary tent with temporary fixture placements.The tent will be open and all
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sides and have a transparent top.It is visible from the shoreline and adjacent beach.
Minimal visual impacts are expected from Lawa'i Road when approaching the
restaurant from the south.
d.Coastal Hazards -It is noted that the parcel is a shoreline property.A portion of the
subject parcel where fhe development is being proposed is located within the Zone
'VE'of the Federal Emergency Management Agency (FEMA)Flood Insurance Rate
Map.The tent and fixtures will not be left on the makai lawn during any storm event
or natural disaster.
e.Coastal Ecosvstems -The applicant has contacted the Department of Land and
Natural Resources (DLNR),Division of Porestry and Wildlife (DOFAW),there are
no known or reported critical habitats within or adjacent to the property.
X.PRELIMEMARY CONCLUSION
Based on the foregoing,it is concluded that through proper mitigative measures,the proposed
development can be considered,and it complies with the policies and guidelines of the Special
Management Area Rules and Regulations in that:
1.The development will not have any substantial adverse environmental or ecological
effect.
2.The development is consistent with the objectives/goals/policies of fhe County
General Plan,the Comprehensive Zoning Ordinance,and other applicable ordinances.
Furthennore,fhe proposal DOES NOT:
a.involve dredging,filling,or otherwise altering any bay,estuary,salt marsh,river
mouth,slough,or lagoon;
b.reduce the size of any beach or other area usable for public recreation;
c.reduce or mipose restrictions upon public access to tidal and submerged lands,
beaches,rivers,or streams within the special management area;and
d.adversely affect water quality,existing areas of open water free of visible structures,
existing and potential fisheries and fishing grounds,wildlife habitats,estuarine
sanctuaries,or existing agricultural uses of land.
Furthermore,through proper mitigation measures the proposed development would not have
any detrimental impact to the enviromnent or the surrounding area and is in compliance with
the criteria outlined for the granting of a Special Management Area Use Permit.
The Applicant should institute the "Best Management Practices"to ensure that the operation of
this facility does not generate impacts that may affect the health,safety,and welfare of those in
the surrounding area of the proposal.
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The Applicant shall implement to the extent possible sustainable building techniques and
operational methods for the project.
XI.PBELMINARY RECOMMENDATION
Based on the foregoing evaluation and conclusion it is hereby recommend that the amendment to
Class IV Zomng Pemiit Z-IV-1983-27,Use Permit U-1983-17,and Special Management Area Use
Permit SMA(U)-1983-4 to be APPROVED.If approved,the following conditions shall be added to
the existing conditions of approvals for the subject pennits:
13.The proposed improvements under the 2022 ameudments to the subject permits
shall be constructed as represented.Any changes to said development shall be
reviewed by the Plamiing Director to detemiine whether Planning Commission
review and approval is warranted.
14.The tent and fumiture fixtures will be taken down as needed and not be left up for
more than a period of fourteen (14)consecutive days in duration during any three
(3)monfh period.The activities will cease no later fhan 10:00 p.m.nightly.
15.The Applicant is advised fhat the temporary tent placement and conduct of special
activities shall not impede use of the non-exclusive access easement to the
shoreline area.
16.The Applicant is advised that should any archaeological or historical resources be
discovered during ground disturbing/constmction work,all work in the area of the
archaeological/historical findings shall immediately cease and the Applicant shall contact
the State Department of Land and Natural Resources,Historic Preservation Division at
(808)692-8015 and the Plaiming Department at (808)241-4050 to detemrine mitigation
measures.
17.In order to minimize adverse impacts on the Federally Listed Threatened Species,
Newell's Shearwater and other seabirds,ifextemal lightmg is to be used in connection
with the proposed project,all extemal lighting shall be only of the following types:
downward-facing,shielded lights.Spotlights aimed upward or spotlighting of stmctures
shall be prohibited.
18.The Applicant shall develop and utilize Best Management Practices (B.M.P's)during
all phases of development in order to minimize erosion,dust,and sedimentation
impacts of the project to abutting properties.
19.The Applicant shall resolve and comply with the applicable standards and requu'ements
set forth by the State Health Department,State Historic Preservation Division-DLNR,
and the County Departments of Public Works,Fire,Transportation,and Water.
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20.To the extent possible wifhin the confines of union requu'ements and applicable legal
prohibitions against discrimination in employment,the Applicant shall seek to hire
Kauai contractors if fhey are qualified and reasonably competitive with other contractors
and shall seek to employ residents of Kauai in temporary construction and permanent
resort-relatedjobs.It is recognized fhat the Applicant may have to employ non-Kauai
residents for particular skilledjobs where no qualified Kauai residents possesses such
skills.For the purposes of this condition,the Commission shall relieve the Applicaut of
this requirement if fhe Applicant is subjected to anti-competitive restraints on trade or other
monopolistic practices.
21.The Planning Commission reserves fhe right to revise,add,or delete conditions of
approval in order to address or mitigate unforeseen unpacts the project may,create,or to
revoke the pennits through the proper procedures should conditions of approval not be
complied with or be violated.
22.Unless otherwise stated in fhe pemiit,once pemiit is issued,the Applicant must make
substantial progress,as determined by the Director,regarding the development or
activity within two (2)years,or the permit shall be deemed to have lapsed and be no
longer in effect.
The Planning Commission is furfher advised that this report does not represent the Plamung
Department's final recommendation in view of the forthcoming public hearing process
scheduled for APRIL 12,2022,whereby the entire record should be considered prior to
decision-making.The entire record should include but not be limited to:
a.Pending govenunent agency comments;
b.Testimony from the general public and interested ofhers;and
c.The Applicant's response to staff's report and recommendation as provided
herein.i^
~\
By 'J-^-
ROMIO IDICA
Planner
Approved &Recommended to Commission:
KA'AINA S.AULL
Director of Plarmmg
Date:3//fc IA'1-1-
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EXHIBIT"A"
(Agency Comments)
For reference
COUNTYOFKAUA'I
PLANNING DEPARTMENT
4444 RICE STREET,SUITE A473 LlHU'E,HAWAI'I 96766
(808)241-4050
FROM:Kaaina S.Hull,Director (Romio)Febroary 7,2022
SUBJECT:
TO:
Class IV Zoning Permit Z-IV-1983-27,Use Permit U-1983-17,Special
Management Are Use Pemiit SMA(U)-1983-4,Accessory Stmcture
Tax Map Key:(4)2-6-005:011,Ip2,Llc Dba The Beach House Restaurant,
Applicant
D Department of Transportation -STP DPW-Engineering
D DOT-Highway,Kauai(info only)a DPW-Wastewater
D DOT-Airports,Kauai (info only)D DPW-BuildingaDOT-Harbors,Kauai (infoonly)D DPW-SolidWaste
State Department of Health D Department ofParks &Recreation
D State Department of Agriculture
D State Office of Planning County Housing-Agency
D State Dept.ofBus.&Econ.Dev.Tourism D County Economic Development
D State Land Use Commission D KHPRC
State Historic Preservation Division Water Department
D DLNR-Land Management Kaua'i Civil Defense
DLNR-Foresty &Wildlife U.S.Postal DepartmentnDLNR-Aquatic Resources UH_Sea_Grant
DLNR-OCCL County Transportation AgencyuOther:
FOR YOUR COMMENTS (pertaining to your department):
No comments or concerns from Fire
This matter is scheduled for a public hearing before the County of Kauai Planning Commission on
4/12/2022 at the Lihue Civic Center,Moikeha Building,Meeting Room 2A-2B,4444 Rice Street,
Lihue,Kauai,at 9:00 am or soon thereafter.If we do not receive your agency comments within one (1)
month from the date of this request,we will assume that there are no objections to this pemiit request.
Mahalo!
St. Catherine Preschool
Use Permit and Class IV Zoning Permit
Kapa‘a, Kaua‘i, Hawai‘i
TMK: (4) 4-6-015:058
Applicant:
Kamehameha Schools
Authorized Agent:
Wilson Okamoto Corporation
October 2021
St. Catherine Preschool Use Permit and Class IV Zoning Permit Application
i
TABLE OF CONTENTS
Standard Zoning Permit Application
Attachment
Exhibit A – Landownership Documentation
Exhibit B – Letter of Authorization
Exhibit C – Supporting Figures
Exhibit D – Preliminary Design Drawings
Exhibit E – Reconnaissance Level Survey Form
Exhibit F – Letter dated October 20, 2021 from Mr. Sean Chun
Exhibit G – Traffic Impact Report
St. Catherine Preschool Use Permit and Class IV Zoning Permit Application
1
ATTACHMENT
I. Summary
Kamehameha Schools (“KS” or “Applicant”) proposes to lease the existing structure on the southern
portion of TMK (4) 4-6-015:058 (“Subject Property”) for use as a preschool. The Subject Property is
an approximately 1.09-acre lot located in Kapa‘a, Kaua‘i, Hawai‘i that is currently owned by the
Roman Catholic Church (“Landowner”). Various interior and exterior improvements, as well as
onsite improvements are proposed to accommodate the new use (“Project”). The Applicant is
requesting that the Planning Commission issue a Use Permit and Class IV Zoning Permit for the
proposed Project pursuant to CZO requirements.
KS has 29 preschools statewide that enroll over 1,600 keiki (children). Each classroom typically
consists of about 20 keiki ages three and four years old, a qualified teacher, and a teaching
assistant. Upon completion of the proposed Project, keiki currently attending KS’ preschool in
Anahola will be relocated and the Anahola location will be closed. The purpose of the Project is to
provide educational facilities in alignment with KS’ mission to fulfill Bernice Pauahi Bishop’s desire to
create educational opportunities in perpetuity to improve the capability and well-being of people of
Hawaiian ancestry.
II. Applicant & Property Information
Recorded Fee
Owner: Roman Catholic Church
P.O. Box 1550
Honolulu, HI 96806-1550
Contact: Rev. Nicholas Apetorgbor
Phone: (808) 266-0622
Landownership documentation is included in Exhibit A.
Applicant: Kamehameha Schools
567 South Street, Suite 617
Honolulu, HI 96813
Contact: Laura Takahashi, Senior Capital Program Manager
Phone: (808) 534-8108
Agent: Wilson Okamoto Corporation
1907 South Beretania Street, Suite 400
Honolulu, HI 96826
Contact: Rebecca Candilasa, Senior Planner
Phone: (808) 946-2277
A Letter of Authorization from the Landowner is included in Exhibit B.
St. Catherine Preschool Use Permit and Class IV Zoning Permit Application
2
Tax Map Key: (4) 4-6-015:058
Lot Area: Approximately 1.09 acres
Project Site: Approximately 0.40 acres
State Land
Use District: Urban
General Plan
Designation: Residential Community
County Zoning: Residential (R-4) / Special Treatment-Public Facilities (ST-P)
III. Graphic & Schematic Requirements
Supporting figures are attached hereto as Exhibit C.
Preliminary design drawings of the proposed Project are attached hereto as Exhibit D.
IV. Project Description
A. Description of the proposed project and proposed uses, operations and management of the
proposed use which includes, but is not limited to, proposed employee housing plan, hours
of operation;
1. Project Location: The Subject Property is located in Kapa‘a on the east side of Kaua‘i. It is
bound by Kawaihau Road to the north, Hauaala Road to the east, St. Catherine School to the
south, and a parking lot and park/playground area to the west. Improvements are proposed to
occur on approximately 0.40 acres of land situated on the southern half of the Subject Property
(“Project Site”). See Figures 1 and 2 of Exhibit C.
2. Existing and Surrounding Uses: The Subject Property is entirely developed with a church and
its accessory facilities. Existing structures onsite include St. Catherine Parish situated on the
northern half of the property and a Parish Center situated on the southern half of the property.
Parking for the facilities is located on an adjacent parcel to the west identified as TMK: (4) 4-1-
015:067.
St. Catherine Parish is open to the public and provides facilities for worship and other religious
activities. The Parish Center is used for multiple purposes including offices, meeting rooms, a
gift shop, and storage, all of which are accessory to the primary church-related activities
occurring at St. Catherine Parish. Since the usage of the Parish Center is based on need, it is
not consistently occupied.
St. Catherine Preschool Use Permit and Class IV Zoning Permit Application
3
The proposed Project involves improvements to the existing Parish Center, which consists of
one (1) single-story, U-shaped building with the open side of the U-shape oriented to the south.
The existing structure encompasses approximately 4,300 square feet (sf) of the 0.40-acre
Project Site. Landscaping and a grass/gravel parking area with a driveway providing ingress
and egress from Hauaala Road make up the remainder of the Project Site.
Other surrounding land uses in the vicinity include St. Catherine School, single-family
residences, neighborhood businesses, Kapa‘a Elementary School, and Kapa‘a High School.
See Figure 1 of Exhibit C.
3. Proposed Project and Proposed Uses: The Applicant proposes to lease the existing structure at
the Project Site for use as a preschool. Project improvements consist of various interior and
exterior improvements to the existing structure, as well as on-site improvements needed to
accommodate the proposed use.
The proposed interior improvements include reconfiguring the interior layout to accommodate
two (2) classrooms, toilets, offices, a meeting space, and a reception area. The existing kitchen
space will remain, but the existing interior finishes, casework, and fixtures are proposed to be
replaced. All existing electrical systems will be replaced with code compliant systems including
updated electrical infrastructure, LED lighting, and a new fire alarm system. New plumbing
systems will also be provided throughout the building.
Proposed improvements to the exterior of the building include repairing the existing roof and
installing new gutters, windows, and doors to replace the existing components. Repair of the
roof will consist of installing new asphalt shingles similar in color and character to the existing
roof. The existing glass jalousie windows will be replaced with vinyl jalousie windows and new
metal and sliding glass doors will be installed. The existing plaster exterior finish is proposed to
remain and will be repainted in a color scheme consistent with the existing condition and
character of St. Catherine Parish. A new covered walkway will be constructed along the south
wall of the existing structure to allow children and staff to move between spaces while also
providing protection from the elements and shading. The walkway structure will be constructed
of the same materials as the building including wood framing and asphalt shingle roofing. An
exterior play yard is also proposed in this area and will consist of a new concrete slab enclosed
with a 6-foot-high chain-link fence along the perimeter.
Other onsite improvements include paving the existing grass/gravel lot and driveway with
asphalt concrete to meet accessibility and fire access requirements. A new ADA-compliant
walkway will also be constructed along the north facing side of the building to provide access
from the parking area. In addition, the existing cesspool located onsite will be replaced with a
new septic system and leach field.
St. Catherine Preschool Use Permit and Class IV Zoning Permit Application
4
Preliminary design drawings of the proposed Project are attached hereto as Exhibit D.
Construction of the proposed Project is expected to be initiated upon approval of the necessary
permits and approvals with anticipated completion by 2022.
4. Operations and Management: The preschool is expected to accommodate a maximum
enrollment of 40 students and will be staffed with six (6) full-time employees with an additional
one (1) to two (2) staff present onsite to provide support as needed. Hours of operation for the
preschool will be Monday through Friday from 7:00 am to 5:00 pm with staff expected to be
onsite between 6:45 am and 5:30 pm. It is anticipated that the school will be closed on
weekends and holidays.
Primary access to the project site will be provided via the existing driveway for St. Catherine
Parish off Kawaihau Road with secondary access provided via the existing driveway off
Hauaala Road. The existing parking lot adjacent to St. Catherine Parish accessed via the
driveway off Kawaihau Road will serve as parking for the preschool’s pick-up and drop-off
operations. This parking lot has 33 paved parking stalls, 3 ADA-accessible stalls, 34 unpaved
parking stalls (total of 70 stalls) and a turnaround area. Use of these stalls will be formalized in
the terms of the lease agreement. It is anticipated that the Applicant will also have use of the
existing grass/gravel parking area at the Project Site for use by staff and visitors. Access to this
lot is provided via the driveway off Hauaala Road.
B. Summary of Permits (i.e. Use Permit, Variance Permit, Special Permit, Class IV Zoning etc.)
or Land Use Amendments requested, and the application section of the Kauaʻi County Code
or regulation citing the specific standards and criteria for granting of the permit or
amendment being requested;
1. County Zoning Designation: The County of Kaua‘i Comprehensive Zoning Ordinance (CZO)
lists within each zoning district of the County, those uses, development, and activities, that
are “generally permitted” and those which may be allowed only after obtaining a Use Permit.
The Subject Property is located within both the County’s Residential (R-4) and Special
Treatment-Public Facilities (ST-P) District. Special Treatment Districts may overlap any Use
District, thereby creating accumulated regulations which more nearly relate to the conditions
of the specific location where the development or use may occur. Allowable uses within the
R-4 District consist of residential dwelling units constructed to a density of up to four (4)
dwelling units per acre. Allowable uses within the ST-P District include:
All public and quasi-public facilities, other than commercial, including schools,
churches, cemeteries, hospitals, libraries, police and fire stations, government
buildings, auditoriums, stadiums, gymnasiums, which are used by the general
public or which tend to serve as gathering places for the general public; and
those areas which because of their unique locations are specially suited for
such public and quasi-public uses.
St. Catherine Preschool Use Permit and Class IV Zoning Permit Application
5
2. Existing Use and Conformance with the CZO: The Parish Center was first built in 1952 and
was historically used as a home for nuns (“nunnery”) of St. Catherine Parish. With the
departure of the nuns in 2005, the nunnery was re-purposed into a Parish Center, which is
an accessory use to the church much like the nunnery. Since the building was constructed
in 1952 prior to the adoption of the County’s CZO in 1972, the building and its use are
considered nonconforming. As stated in CZO Section 8-13.2(a):
A non-conforming use of land, buildings, or other structures may continue to the
extent that the use existed on September 1, 1972 or any amendment hereto, as
provided in this Section 8-13.2 […]
Moreover, CZO Section 8-13.1(b) states nonconforming structures may be “repaired,
maintained, or altered in any manner which does not increase nonconformity.” Based on the
foregoing reasons, and because the existing use presents no substantial danger to public
health or safety, the existing use and structures are in compliance with prevailing land use
regulations.
3. Proposed Use and Conformance with the CZO: Under the proposed Project, the Applicant
will convert the Parish Center into a preschool that will provide educational programs for keiki
between the ages of three and four. Pursuant to CZO Section 8-13.1(b), “[a]ny
nonconforming structure, except as otherwise regulated, may be enlarged or expanded
provided that any enlargement or addition shall conform to the regulations for the district in
which it is located.” Schools are a permitted use in the R-4/ST-P District with a Use Permit
consistent with CZO Sections 8-2.4(f)(13) and 8-11.4(a).
4. Permits Requested and Required: The Applicant is requesting that the Planning
Commission issue a Use Permit pursuant to CZO Section 8-3.2 for the proposed Project.
This permit application is intended to fulfill the requirements for project review in accordance
with CZO Section 8-3.2. Likewise, the proposed Project requires issuance of a Class IV
Zoning Permit as a condition of the Use Permit approval pursuant to CZO Section 8-8.4(4).
Therefore, this permit application submittal also fulfills requirements for project review
pursuant to CZO Section 8-3.1(f) pertaining to Class IV Zoning Permits.
5. Use Permit and Zoning Permit Considerations: The primary purpose of the Use Permit
process is to assure that a particular activity or use of land can be integrated into and be
compatible with its immediate surroundings. Section 8-3.2(e)(1) of the CZO specifies a Use
Permit may be granted only if the Planning Commission finds that the use meets the
following criteria:
a. the use must be a compatible use;
The Project Site is located in a residential neighborhood in the vicinity of several other
schools and neighborhood businesses. The proposed use of the Project Site as a
preschool will satisfy an essential community need by providing educational programs
St. Catherine Preschool Use Permit and Class IV Zoning Permit Application
6
and activities that support the growth and development of children in the region. It can
be reasonably expected that with education these children will go on to make meaningful
contributions to society later in life. The placement of schools within residential
neighborhoods and/or in a centralized location further enhances convenience for
residents and allows residents to take advantage of available educational opportunities,
as evidenced by the location of other schools in the area such as St. Catherine School
(Grades K to 5), Kapa‘a Elementary School (Grades K to 6), and Kapa‘a High School
(Grades 9 to 12). For the reasons mentioned, the proposed use is compatible with the
uses in its immediate surroundings and would not be detrimental to the health, safety,
peace, morals, comfort, and the general welfare of persons residing and working in the
neighborhood.
b. the use must not be detrimental to persons or property in the area;
Operation of the preschool will be within normal working hours. The proposed Project
improvements will be in conformance with the development standards applicable to the
R-4/ST-P District in the County’s CZO and as conditioned by the Planning Commission
with approval of the subject Use Permit. Construction and operation of the Project is not
anticipated to be detrimental or injurious to property and improvements in the
neighborhood or to the general welfare of the community.
c. the use must not cause substantial environmental consequences; and
Construction of the proposed project will not result in any substantial harmful
environmental consequences. Project improvements are the minimum necessary to
convert the use of the existing structure to a preschool and to ensure the structure is
compliant with all prevailing building code requirements and safety regulations.
Mitigative measures—such as standard best management practices (BMPs) for
construction and adherence to applicable federal, State, and County rules and
regulations—will be incorporated into the design to ensure there will be no substantial
harmful environmental consequences on the land or on other lands or waters. Following
construction, the proposed use is not anticipated to result in any significant
environmental consequences beyond what would have previously existed under the
former use of the Project Site as a nunnery. A more detailed discussion on potential
environmental impacts of the Project by topic is provided below.
Climate and Climate Change: The climate in the project area is characterized as semi-
tropical with two seasons: wet and dry. During May through September, it is generally
warm and relatively dry, with predominantly northeast trade winds. October through April
is associated with lower temperatures and higher rainfall, and less prevalent trade winds.
Long term data collected at the Līhuʻe Airport indicated that the northeast wind direction
prevails throughout the year with a mean annual wind speed of 20 miles per hour. The
average daytime maximum temperature ranges from about 78 degrees in the winter to
85 degrees in the summer. Average annual rainfall is about 43 inches.
St. Catherine Preschool Use Permit and Class IV Zoning Permit Application
7
Construction and operation of the project is anticipated to result in the release of
greenhouse gas emissions. However, these emissions are anticipated to be minimal
since the proposed Project involves renovation of an existing structure and trips
generated by the project are likely to occur without construction of the Project. In
addition, the Project design will incorporate energy efficient fixtures and will aim to utilize
passive cooling to avoid energy demands associated with air conditioning.
Topography: No significant changes in topography are proposed. The Project Site sits
about 140 feet above mean sea level; see Figure 3 in Exhibit C. It is generally flat and
was graded for construction of the existing building onsite. Project improvements involve
renovating the existing structure, which would not require any mass grading. Although
some grading is proposed to construct the new walkways and play yard area, topography
of the site is expected to remain similar to existing conditions.
Soils: According to the U.S. Department of Agriculture, Natural Resources Conservation
Services Web Soil Survey, soils underlying the Project Site are classified as Lihue silty
clay (LhB); see Figure 4 in Exhibit C. The Lihue series consists of deep, well drained
soils that formed in material weathered from basic igneous rock and influences by
tropospheric dust. Lihue soils are on uplands and have slopes of 0 to 40 percent.
Surface Water: There are currently no natural surface water resources, such as streams,
rivers, lakes, wetlands, reservoirs, and creeks in the vicinity of the Project Site. No
impacts to surface waters are anticipated with the proposed Project.
Coastal Waters: The Project Site is located inland and away from the coast. Additional
runoff generated by the proposed project will be retained on-site. No impacts to coastal
waters are anticipated with the proposed Project.
Drainage: A portion of the project site is already developed with impervious surfaces.
Increases in runoff will be minimal and any additional runoff generated by the proposed
project will be retained on-site.
Flood Hazard: The Project Site is located within FEMA Flood Zone X, areas determined
to be outside the 0.2% annual chance floodplain; see Figure 5 in Exhibit C. No impacts
to the flood zone and to downstream properties are anticipated with the proposed
Project.
Sea Level Rise: The Project Site is not located in an area vulnerable to sea level rise.
Flora: The project site is entirely developed with vegetation at the site consisting
primarily of grass, a plumeria tree, and ornamental plants commonly used for
landscaping. No trees are proposed to be removed with the proposed project and no
St. Catherine Preschool Use Permit and Class IV Zoning Permit Application
8
habitats of state or federally listed, threatened or endangered species will be affected by
construction and operation of the proposed Project.
Fauna: The Subject Property is entirely developed and does not serve as a habitat for
any state or federally listed, threatened or endangered species. To minimize any
potential harm to seabirds that may overfly the project site, the Applicant will utilize
downward facing lighting to the maximum extent possible to avoid attracting these birds;
and/or to reduce any possible attractive lighting to the extent reasonably possible during
the critical two-week period before and after the new moon each October. No significant
impacts on fauna within the project site are anticipated from either the construction or
operation of the proposed Project.
Noise: Ambient noise in the vicinity of the Project site is predominantly attributed to
vehicular operations on the surrounding roadways. Temporary increases in noise levels
associated with construction related activity for the proposed project are not anticipated
to substantially affect nearby uses due to the temporary and intermittent nature of
construction activities. All equipment used during construction will be properly muffled,
housed and maintained. Any potential impacts on noise receptors in the area will be
mitigated with the implementation of BMPs and by complying with the applicable
provisions of State DOH Administrative Rules, Title 11, Chapter 46, “Community Noise
Control.”
Air Quality: Air quality within the project site is generally considered to be good due to
sparse development surrounding the subject property and the absence of point-source
pollutant generators in the vicinity. Temporary increases in fugitive dust are anticipated to
have negligible impacts on air quality in the project vicinity as the emissions would be
relatively small and readily dissipated. Any potential air quality impacts will be mitigated
by implementing BMPs to control fugitive dust and by complying with the applicable
provisions of State DOH Administrative Rules, Tile 11, Chapter 60 “Air Pollution Control.”
No long-term impacts to air quality are anticipated with the proposed Project.
Archaeological/Historic Resources: The existing structure at the Project Site was
originally constructed in 1952 making it a historic property as it is over 50 years old in
age. The building itself is made up of original materials consisting of CMU block walls
finished on the exterior with plaster. The asphalt shingle roof and glass jalousie windows
were more recently replaced in 1992 following damage sustained during Hurricane Iniki.
The existing building is not listed on the State or National Register of Historic Places.
The National Park Service’s guidance document titled How to Apply the National
Register Criteria for Evaluation states that ordinarily properties owned by religious
institutions or used for religious purposes are not considered eligible for the National
Register. However, such properties will qualify for eligibility if they fall within the following
categories:
St. Catherine Preschool Use Permit and Class IV Zoning Permit Application
9
• A religious property deriving primary significance from architectural or
artistic distinction or historical importance; or
• A building or structure removed from its original location but which is
significant primarily for architectural value, or which is the surviving
structure most importantly associated with a historic person or event; or
• A birthplace or grave of a historical figure of outstanding importance if
there is no appropriate site or building directly associated with his or her
productive life; or
• A cemetery which derives its primary significance from graves of persons
of transcendent importance, from age, from distinctive design features, or
from association with historic events; or
• A reconstructed building when accurately executed in a suitable
environment and presented in a dignified manner as part of a restoration
master plan, and when no other building or structure with the same
association has survived; or
• A property primarily commemorative in intent if design, age, tradition,
symbolic value has invested it with its own exceptional significance; or
• A property achieving significance within the past 50 years if it is of
exceptional importance.
This historic property does not fall into any of the foregoing categories and is therefore
not considered eligible for listing. It is not associated with any significant event or person
of interest and the building architecture is not unique to the period it was constructed, nor
does it appear to have any historic significance. A Reconnaissance Level Survey
prepared by Ushijima Architects is attached hereto as Exhibit E.
There are no other known historic properties within the Project Site. Some ground
disturbance is proposed for construction of the new walkways and play yard area, as well
as for replacement of the cesspool with a septic tank and leach field. Should there be
any inadvertent discoveries, all work in the area of the archaeological/historical findings
shall immediately cease and the Applicant shall contact the State Department of Land
and Natural Resources, Historic Preservation Division and the Planning Department to
determine mitigation measures.
Cultural Resources: The proposed Project involves renovation of an existing
development and will have no impact on any known traditional or customary practices of
native Hawaiian for the following reasons:
• There are no known traditional or customary practices of native Hawaiians that
are presently occurring within the Project Site.
• There are no special gathering practices taking place within any portion of the
Project Site.
St. Catherine Preschool Use Permit and Class IV Zoning Permit Application
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• The Project will not detrimentally affect access to any streams; access to the
shoreline or other adjacent shoreline areas; or gathering along any streams, the
shoreline or in the ocean.
• There are no known religious practices taking place within the Project Site.
• There are no known pre-contact cultural or historic sites or resources located
within the Project Site.
• There are no known burials within the Petition Area.
By letter dated October 20, 2021, Mr. Sean Chun of Wailua, Kaua‘i, a known cultural
practitioner and kumu of various Hawaiian arts, noted that there are no cultural sites or
relevance that would inhibit Hawaiian cultural practices. A copy of the letter is provided
in Exhibit F.
A discussion on potential impacts related to visual resources, public services and
facilities, traffic, parking, water, wastewater, and solid waste is provided in Sections IV.F.
to IV.I. of this application.
d. the use must not be inconsistent with the intent of the CZO and General Plan.
The proposed Project will be designed and developed in conformance with the
development standards applicable to the R-4/ST-P District as established in the CZO and
as conditioned by the Planning Commission with approval of the subject Use Permit.
The proposed use is an allowable use with issuance of a Use Permit, which is the subject
of this permit application. Discussion of the project’s consistency with the General Plan
is discussed in the following sections.
C. Policies and Objectives of the General Plan; the provisions of the Community Development
Plan applicable to the application (including design standards and application
requirements); the provisions of the applicable zoning district; and an analysis of the extent
to which the application, if granted, conforms to these provisions of the applicable district;
and an analysis of the extent to which the application, if granted, conforms to these policies,
objectives and provisions;
1. County of Kaua‘i General Plan (2018): The General Plan Vision & Goals for Kaua‘i are
series of statements that express the community’s values and desired outcomes in the year
2035. The proposed Project is consistent with the following applicable Vision & Goals of the
Kaua‘i General Plan:
Goal 4: An Equitable Place, with Opportunity for All
The proposed use of the Project Site as a preschool will contribute to the goal of creating
an equitable place, with opportunity for all by providing opportunities for and access to
early education. Location of the facility in the context of a residential neighborhood will
enhance convenience for residents in the community and improve quality of life.
St. Catherine Preschool Use Permit and Class IV Zoning Permit Application
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Policies and actions of the Kaua‘i General Plan flow from the Vision & Goals. There are
nineteen policies to address the issues most important to Kaua‘i residents in the face of
existing issues and future growth. These policies articulate the County’s path forward toward
meeting the community’s vision and goals of sustainability, unique character, resilience and
equity. The proposed Project is consistent with the following applicable policies of the Kaua‘i
General Plan:
Policy 1: Manage Growth to Preserve Rural Character
This policy aims to preserve Kaua‘i’s rural character by limiting the supply of developable
land to an amount adequate for future needs, prohibit development not adjacent to
towns, and ensure new development occurs inside growth boundaries and is compact
and walkable. The proposed Project involves renovation of an existing structure for use
as a preschool, which would not require the development of vacant land and open space.
Additionally, the Project Site is located within an established neighborhood in Kapa‘a
adjacent to residences and other compatible uses.
Policy 4: Design Healthy and Complete Neighborhoods
This policy aims to ensure new and existing neighborhoods have safe roads, functional
parks, as well as access to jobs, commerce, transit, and public services. As mentioned
previously, the Project Site is located within an established neighborhood in Kapa‘a
adjacent to residences and other compatible uses. Location of the facility in the context
of a residential neighborhood will enhance convenience for residents in the community
and improve quality of life. In addition, the County of Kaua‘i Department of Public Works
(DPW) is proposing several Complete Streets and Safe Routes to School improvements
in the vicinity. Design of the project will provide appropriate connection to these facilities
as appropriate and as coordinated through consultation with DPW.
Policy 17: Nurture Our Keiki
This policy aims to value youth as Kaua‘i’s most treasured resource. It also aims to
provide youth with safe communities, great schools and facilities, and financially
sustainable jobs, housing, and transportation opportunities so they are able to seek
livelihoods on Kaua‘i. The proposed Project involves renovation of an existing structure
for use as a preschool that will provide early education opportunities for keiki between
the ages of three and 4. It can be reasonably expected that with education these
children will go on to make meaningful contributions to society later in life.
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Policy 19: Communicate with Aloha
This policy notes that Kaua‘i’s residents care about planning and decision-making.
Therefore, the government must share information, encourage input, improve public
processes, and be responsive. The scheduling of this Application before the Planning
Commission will allow the public to participate in the planning and decision-making
process for the proposed Project.
Future Land Use and Community Planning
As shown in Figure 6 of Exhibit C, the Project Site is designated within Residential
Community. This designation indicates existing areas that are primarily residential with
few to no other uses. The Project Site is also designated within the community planning
district of East Kaua‘i. One of the preliminary vision and priorities for East Kaua‘i
residents include the ability of residents to enjoy a high quality of life in a rural setting.
The proposed use of the Project Site as a preschool will satisfy an essential community
need and allow residents to have convenient access to early education opportunities.
Along with future land use and community planning, there are ten sectors that represent
important areas to be addressed when planning Kaua‘i’s growth and development. The
proposed Project is consistent with the following applicable sectors and their actions:
Sector X. Opportunity & Health For All
One of the identified issues in this sector is access to quality education and training. As
outlined in the Kaua‘i General Plan, the objective for this issue is to support educational
programs that foster cultural knowledge, employability, and civic participation of local
residents. Some of the implementing actions associated with this objective include
increasing access to early education and care and supporting the language, culture, and
knowledge of Kaua‘i. The preschool will accommodate the same number of students as
their location in Anahola. The Hawaiian cultural values of aloha, mālama, and kuleana
are an integral part of the KS preschool program experience. KS strives to nurture these
values while continuing to provide a learning environment that is safe, educational,
culturally-grounded, enjoyable and enriching. By providing a preschool facility, the
Project fulfills the purpose of the proposed Project to provide educational facilities in
alignment with KS’ mission. Approval of the Use Permit will not only allow for the use
and development of these facilities, it will also directly implement the permitting and code
changes outlined in the Kaua‘i General Plan, specifically the following:
Support the use, expansion, and development of family childcare homes,
preschools, parent/child kindergarten readiness programs, and charter
schools.
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2. Kapa‘a-Wailua Development Plan (1973): The adopted version of the Kapa‘a-Wailua
Development Plan dates back to 1973. Although efforts were made to update the plan in
more recent years, that plan was never officially adopted. Therefore, the goals and
objectives of the 1973 Kapa‘a-Wailua Development Plan are still active even though they
may not necessarily reflect the current goals and objectives of the residents in the region. It
is understood that the more recent, comprehensive community planning process undertaken
as part of the development of the Kaua‘i General Plan (2018) more accurately reflects the
vision for the East Kaua‘i Community. Therefore, reference should be made to the “Future
Land Use and Community Planning” discussion provided in Section IV.C.1. of this
application. Nevertheless, the following is a discussion on the Project’s compliance with the
applicable goals and objectives of the 1973 Kapa‘a-Wailua Development Plan.
Objective II. Education & Recreation
The educational objective states that “[t]he educational program should be separated into
three levels—kindergarten to sixth, seventh to ninth, and tenth to twelfth grades—
corresponding to the three “social” levels of attitude.” Although preschool is not
specifically mentioned, it is acknowledged that early education at the preschool level is a
part of the broad spectrum of educational pursuits, thereby making the proposed Project
consistent with the educational objectives of the Kapa‘a-Wailua Development Plan.
3. County of Kauaʻi Comprehensive Zoning Ordinance: Compliance with the use standards of
the CZO are the subject of this application and are discussed throughout. Pursuant to CZO
Section 8-4.9 pertaining to development of other uses in a residential district:
All permitted uses, all uses requiring a use permit, and all uses allowed by
variance other than residential:
(a) Shall conform to development standards established for the district in
which they are normally permitted provided that:
(1) the minimum distance from property lines shall be the same as that
required for Single Family Detached Dwellings; and
(2) the maximum building heights shall be the same as that required for
Single Family Detached Dwellings; or
(b) Shall conform to the requirements and conditions imposed by the
Planning Commission in granting the use permit or variance permit.
A Use Permit is required for schools in any district. Therefore, the Project will be
designed and constructed in conformance with the requirements of the CZO and the
conditions imposed by the Planning Commission in granting the subject Use Permit.
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D. Detailed land use history of the parcel, which includes but is not limited to, former and
existing State and County land use designations, violations and uses;
The Parish Center on the Subject Property was first built in 1952 and was historically used as a
nunnery for the nuns of the St. Catherine Parish. Around 2005, the nunnery was re-purposed as
a Parish Center, which is accessory to the primary use of the subject property as a church. The
existing State land use designation of the site is Urban and the existing County land use
designation of the site is R-4/ST-P. Since the building was constructed in 1952 prior to the
adoption of the County’s CZO in 1972, the building and use are considered nonconforming. In
1992, repairs to the existing roof and windows were made following Hurricane Iniki. No major
modifications to the structure have been undertaken which would have increased its
nonconformity and the use presents no substantial danger to public health or safety.
Additionally, there are no known land use violations related to the subject property and its
existing uses.
E. Status reports of all Zoning Amendment ordinance conditions, existing Land Use Permit
conditions, and Subdivision Application conditions pertaining to the project site;
There are no known Zoning Amendment ordinance conditions, existing Land Use Permit
conditions, and Subdivision Application conditions pertaining to the project site. There are
currently no known violations related to the subject property and its existing uses.
F. Analysis of the secondary impacts of the proposed use on the surrounding area, which
includes but is not limited to, increases in property value, population, housing, community
services and facility needs, secondary jobs and employment generated, and compatibility
with the surrounding uses;
The Project Site is located in an established neighborhood with little to no vacant land available
for development. The proposed use fulfills an essential community need and is not likely to
induce population growth that would have secondary impacts on the surrounding area, such as
an increase in demand for housing or community services and facilities. The Project is also not
likely to significantly increase property values as there are already several educational facilities
in the area.
It is anticipated that converting the use from the Parish Center, which is not consistently
occupied, to a preschool will generate additional traffic in the area. A Traffic Impact Report for
the St. Catherine Preschool was prepared in July 2021 to assess the traffic impacts resulting
from the Project. A copy of the report is provided in Exhibit G. Based on the assessment, traffic
operations along Kawaihau Road are generally expected to remain similar to without project
conditions. The following recommendations were made for consideration to incorporate into the
Project design:
St. Catherine Preschool Use Permit and Class IV Zoning Permit Application
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1. Verify sufficient sight distance for motorists to safely enter and exit all project
driveways including the driveways off Kawaihau Road and Hauaala Road.
2. Verify adequate on-site loading and off-loading service areas and prohibit off-site
loading operations.
3. Verify adequate turn-around area for service, delivery, and refuse collection vehicles
to maneuver on the project site to avoid vehicle-reversing maneuvers onto public
roadways.
4. Verify sufficient turning radii at all project driveways to avoid vehicle encroachments
to oncoming traffic lanes.
5. Ensure that the existing grass/gravel lot off Hauaala Road that is expected to be used
as the preschool’s staff parking lot is made accessible in conformance with the
Americans with Disabilities Act (ADA) requirements.
6. Ensure that pedestrian connections to and from the existing parking area off
Kawaihau Road are accessible in conformance with ADA requirements. This lot is
expected to be designated as the parking lot for pick-up/drop-off for the preschool.
7. Consider providing signage near the project driveway off Hauaala Road to inform
students and parents of the preschool where the designated parking for pick-up/drop
off is located. In addition, provide information to indicate that the parking lot off
Hauaala Road is for staff parking only.
8. Coordinate with the County of Kauai to ensure that appropriate modifications for the
project driveways are incorporated into their complete streets project and that
sufficient sight distances and turning radii are maintained for vehicles entering/exiting
the project site.
DPW is expected to construct a five-legged peanut-shaped roundabout at the intersections of
Kawaihau Road with Hauaala Road and Mailihuna Road. These improvements are anticipated
to facilitate traffic flow through the intersection and accommodate site-generated trips. Also, with
adequate parking available through the lease agreement with the Landowner, no additional
parking is anticipated to be required for this Project.
Secondary impacts on visual resources are also not anticipated with the proposed Project as the
project will not significantly increase the height of the existing building, nor will it significantly
expand the existing development footprint. In addition, all materials and finishes used will be in
consonance with the character of the surrounding uses.
G. Water source, supply and distribution system analysis, which includes but is not limited to,
methods of irrigation that exists on the parcel and proposed for the application, location
and use of groundwater and non-potable water sources;
The proposed project will install a new plumbing system within the building and will use the
existing water service provided by the County of Kauaʻi Department of Water Supply (DWS).
The Applicant will coordinate with DWS regarding the availability of water and any improvements
needed to support the proposed use.
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H. Sewage Disposal Analysis – A description of a proposed method of sewage disposal;
Wastewater generated by the subject property is collected by an existing cesspool located on-
site. Proposed project improvements will include installation of a new septic tank and leach field
sized and designed for the collection and treatment of wastewater generated by the proposed
use. Closure of the existing cesspool and construction of the new wastewater system will be
constructed in compliance with applicable federal, State, and County rules and regulations
pertaining to wastewater systems.
I. Solid Waste Disposal Analysis – A description of a proposed method of solid waste
disposal, including methods for recycling, reclamation and waste stream diversion; and
During construction, the contractor will be responsible for the disposal of all construction and
demolition waste. Following construction, solid waste will continue to be collected by a private
contractor. The Applicant will incorporate recycling, reclamation and waste stream diversion
practices in day-to-day activities at the preschool to the maximum extent practicable. Additional
solid waste that may be generated by the construction and operation of the proposed project is
not anticipated to place significant demand on existing solid waste facilities and will have not
have a significant impact on future capacity.
J. Description of environmentally sensitive areas, habitat and botanical features, which
includes but is not limited to, wetlands, streams, rock outcroppings, endangered plants and
animals, and exceptional trees.
1. Surface Water
There are currently no natural surface water resources, such as streams, rivers, lakes,
wetlands, reservoirs, and creeks in the vicinity of the project site. Additional runoff generated
by the proposed project will be retained on-site. No impacts to surface waters are
anticipated with the proposed Project.
2. Coastal Waters
The proposed project is located inland and away from coastal waters. Additional runoff
generated by the proposed project will be retained on-site. No impacts to coastal waters are
anticipated with the proposed Project.
3. Flora
The project site is entirely developed with vegetation at the site consisting primarily of grass,
a plumeria tree, and ornamental plants commonly used for landscaping. The proposed
Project involves renovation of an existing structure that will be slightly expanded to
accommodate new walkways and a new play area. No trees are proposed to be removed
with the proposed project. Furthermore, no habitats of state or federally listed, threatened or
endangered species will be affected by construction and operation of the proposed Project.
St. Catherine Preschool Use Permit and Class IV Zoning Permit Application
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4. Fauna
The Subject Property is entirely developed and does not serve as a habitat for any state or
federally listed, threatened or endangered species. To minimize any potential harm to
seabirds that may overfly the project site, the Applicant will utilize downward facing lighting to
the maximum extent possible to avoid attracting these birds; and/or to reduce any possible
attractive lighting to the extent reasonably possible during the critical two-week period before
and after the new moon each October. No significant impacts on fauna within the project site
are anticipated from either the construction or operation of the proposed Project.
EXHIBIT A
Landownership Documentation
Show Historical Assessments
2021
2020
2019
2018
2017
2016
2015
2014
2013
2012
2011
2010
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2009
2008
2007
2006
2005
2004
2003
2002
2001
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EXHIBIT B
Letter of Authorization
EXHIBIT C
Supporting Figures
LOCATION AND VICINITY MAPFIGURE 1
PROJECT VICINITY
ST. CATHERINEPARISH
KAPA'AHIGH SCHOOL
KAPA'AELEMENTARY SCHOOL
ST. CATHERINESCHOOL
ST. CATHERINE PRESCHOOLKAPA'A, KAUA'I, HAWAI'I
²1 inch = 200 feet
0 200 400100Feet
SOURCE: Esri (Imagery)
PROJECT SITE
H A U A A L A R D
SILVA RD
MA I L I H U N A R D
KOLOHALA RDANNIE RDHASSARD RDKAWAIHAU RD
ELEHU RD
LOKENE ST
IOANA ST
HEKILI RDMOA RDOHU RD PELEHU RDNUNU RDHAUAALA RDIIWI RD
LhB
PnE
LhE2
PnB
PnB
PnC
rRR
PnE
HrB
SOILS MAPFIGURE 4
LhB
PnB
LhE2
PnC
PnE
rRR
Lihue silty clay, 0 to 8 percent slopes
Lihue silty clay, 25 to 40 percent slopes, eroded
Puhi silty clay loam,3 to 8 percent slopes
Puhi silty clay loam, 8 to 15 percent slopes
Puhi silty clay loam, 25 to 40 percent slopes
Rough broken land
PROJECT SITE ST. CATHERINEPARISH KAPA'AHIGH SCHOOL
ST. CATHERINESCHOOL
ST. CATHERINE PRESCHOOLKAPA'A, KAUA'I, HAWAI'I
HrB Hanalei silty clay, deep water table, 0 to 6 percent slopes
Legend
TMK Parcel
²1 inch = 200 feet
0 200 400100Feet
SOURCE: Esri (Imagery), State of Hawai'i Office ofPlanning (TMK, Soils), U.S. Department of Agriculture
KALIKA ST ANNIE RDH A U A A L A R D
SILVA RD
MA I L I H U N A R D
KOLOHALA RD
PELEHU RDNUNU RDHAUAALA RDHEKILI RDMOA RDHASSARD RDKOME ST
ELEHU RD
IIWI RDOHU RD
KAWAIHAU RD
LOKENE ST
IOANA ST
X
AEAE
FLOOD HAZARD ZONESFIGURE 5
Legend
TMK Parcel
FEMA Flood Zones
Zone AE
Zone X
ST. CATHERINEPARISH
KAPA'AHIGH SCHOOL
KAPA'AELEMENTARY SCHOOL
ST. CATHERINESCHOOL
ST. CATHERINE PRESCHOOLKAPA'A, KAUA'I, HAWAI'I
²1 inch = 200 feet
0 200 400100Feet
SOURCE: Esri (Imagery), State of Hawai'i Office of Planning(TMK), Federal Emergency Management Agency (FEMA)Flood Insurance Rate Maps: Panel Number 1500020202E,revised September 16, 2005; Panel Number 1500020204F,revised November 26, 2020; and Panel Number1500020210F, revised November 26, 2020.
PROJECT SITE
ANNIE RD
H A U A A L A R D
KOLOHALA RD
SILVA RD
MA I L I H U N A R D
KAWAIHAU RDHASSARD RDHEKILI RDMOA RDNUNU RDHAUAALA RDPELEHU RDBase Flood Elevations determined.
Areas determined to be outside the 0.2% annual chance floodplain.
GENERAL PLANFIGURE 6
²
Legend
TMK Parcel
Agricultural
Residential Community1 inch = 200 feet
0 200 400100Feet
ST. CATHERINE PRESCHOOL
PROJECT SITE ST. CATHERINEPARISH
KAPA'AHIGH SCHOOL
KAPA'AELEMENTARY SCHOOL
ST. CATHERINESCHOOL
KAPA'A, KAUA'I, HAWAI'I
SOURCE: Esri (Imagery),State of Hawai'i Office of Planning (TMK, General Plan)
ANNIE RD
H A U A A L A R D
KAWAIHAU RD
KOLOHALA RD
NUNU RD
SILVA RD
MA I L I H U N A R DHASSARD RDHEKILI RDMOA RDHAUAALA RDPELEHU RD
EXHIBIT D
Preliminary Design Drawings
5021 KAWAIHAU ROAD, KAPAA, KAUAI, HAWAIIT.M.K.: 4-6-15:58KAPAA, KAUAI, HAWAIIUSHIJIMAARCHITECTSFORKAMEHAMEHA SCHOOLSST. CATHERINE'S PRESCHOOL BUILDINGA004
1 NORTH DEMOLITION ELEVATION
A004 SCALE: 3/16" = 1'-0"
LEGEND GENERAL NOTES
2 SOUTH DEMOLITION ELEVATION
A004 SCALE: 3/16" = 1'-0"
A005
1 EAST DEMOLITION ELEVATION
A005 SCALE: 3/16" = 1'-0"
GENERAL NOTES
5021 KAWAIHAU ROAD, KAPAA, KAUAI, HAWAIIT.M.K.: 4-6-15:58KAPAA, KAUAI, HAWAIIUSHIJIMAARCHITECTSFORKAMEHAMEHA SCHOOLSST. CATHERINE'S PRESCHOOL BUILDINGLEGEND
2 WEST DEMOLITION ELEVATION
A005 SCALE: 3/16" = 1'-0"
5021 KAWAIHAU ROAD, KAPAA, KAUAI, HAWAIIT.M.K.: 4-6-15:58KAPAA, KAUAI, HAWAIIUSHIJIMAARCHITECTSFORKAMEHAMEHA SCHOOLSST. CATHERINE'S PRESCHOOL BUILDINGA008
1 ROOF PLAN
A006 SCALE: 3/16" = 1'-0"
NORTH
LEGEND GENERAL NOTES
EXHIBIT E
Reconnaissance Level Survey Form
RLS Form 2/2018
State Historic Preservation Division
Reconnaissance Level Survey – Survey Form
Instructions: Submit this completed form with the completed SIHP request form and 6E Filing Fee Form
electronically. For details on how to submit to us electronically please visit our website.
https://dlnr.hawaii.gov/shpd
For additionally guidance on completing this form, please see the Architecture Branch Survey Guidelines available on
the SHPD website.
_____________________________________________________________________________________________
1.Review Type: Indicate which review process this survey was requested under
HRS 6E-08, HAR 13-275 HRS 6E-42, HAR 13-284
2.Project Information: Indicate the document in which this survey was requested
2.1) Log No. [e.g. 2017.1234]
2.2) Doc No. [e.g. 1708MB27]
2.3) Other:
3.Contact Information:
3.1) Name: 3.2) Company:
3.3) Street Address:
3.4) County: 3.5) State: 3.6) Zip Code:
3.7) Phone: 3.8) Email:
4.Property Location:
4.1) TMK [e.g. (3) 1-2-003:004]:
4.2) Street Address:
4.3) County: 4.4) State: 4.5) Zip Code:
5.Property Classification:
5.1) Ownership:
Private Public
5.2) Classification
Building District Site Structure Object
6.Property Function:
6.1) Current:
6.2) Historic:
RLS Form 2/2018
7.Property Description:
7.1) Date of Construction:
7.2) Provide a description of the property, including the character defining features, summarize alterations to
the property, and provide an evaluation of the property’s integrity of materials, design, feeling, location,
association, workmanship, and setting.
RLS Form 2/2018
8.Eligibility Recommendation:
8.1) Provide a recommendation of eligibility to the Hawai‘i Register of Historic Places including applicable
criteria and areas of significance.
RLS Form 2/2018
9.Attach Photographs: provide sufficient photographs to illustrate the property’s main features. At a minimum
provide the following:
Quantity Description
1-2 Street view(s) of the resource and setting
1-2 Main Facades
1-2 interior photos(s) if applicable
10.Attach Map showing the location of the property
CHECKLIST
Reconnaissance Level Survey Form (this form)
Photographs
Map
Filing Fee Form
SIHP Request Form
138' - 2"23' - 4"38' - 1 1/4"14' - 1 1/4"18' - 0 5/8"104' - 1 1/8"16' - 0"A1.14A1.1219' - 4"14' - 9"14' - 7 3/4"23' - 0 5/8"16' - 2"14' - 9"9' - 6"3' - 8 3/4"9' - 6"6' - 7"16' - 9 1/2"11' - 0"47' - 4"29' - 2 3/4"7' - 2 1/2"12' - 10"1' - 3 1/2"7' - 8 7/8"7' - 4 1/2"13' - 2 3/4"10' - 9 3/4"5' - 7 7/8"88' - 0"ROOF LINE ABV.KITCHENMEETINGRMCHURCH SIDEHALL SIDECONC. LANDING(TYP. @ ALL DOORS)EXTERIOR WALLSTUCCO ON CMU BLOCK(TYP.)A1.15A1.13MARC VENTURA, AIA, LLC4202 Rice St.Lihue, Kaua`i 96766Phone: 808 246 3936Fax: 808 246 3936MARC VENTURA, AIA, LLCREVDESCRIPTIONDATEEXP. DATE: April 30, 2020NO. 7489IIAWAHASUELICENSEDPROFESSIONALARCHITECTMARCVNTURA SignatureThis work was prepared by me or under my supervision and constructionof this project will be under observation.10/22/2018 3:09:42 PMA1.1ST. CATHERINE SCHOOLPASTORAL LIFE CENTERBUILDINGEXISTING FLOOR PLAN &ELEVATIONS 1/8" = 1'-0"1FLOOR PLAN 1" = 200'-0"6KEY PLANPROJECT LOCATION 1/8" = 1'-0"2FRONT ELEVATION (CHURCH FACING) 1/8" = 1'-0"4SIDE ELEVATION0'4'8'16'32' 1/8" = 1'-0"3REAR ELEVATION (HALL FACING) 1/8" = 1'-0"5SIDE ELEVATION (ROAD FACING)
Photo of South Elevation
Photo of North Elevation
Photo of East Elevation
View of Building from Hauaala Road
Photo of the Interior Rooms and Kitchen
EXHIBIT F
Letter dated October 20, 2021 from Mr. Sean Chun
Sean Chun
6512 Ahele Dr.
Kapaa, HI 96746
(808)635-5255
seanchun@hawaii.edu
Rebecca Candilasa
Project Manager, Planning
1907 South Beretania Street, Suite 400
Honolulu, Hawaii 96826
T (808) 946-2277 F (808) 946-2253
http://www.wilsonokamoto.com
Re : Cultural Sites at TMK (4) 4-6-015:058 October 20, 2021
Aloha,
My name is Sean Chun of Wailua, Kaua`i. I am a known cultural practitioner of various Hawaiian arts. I
am a cultural advocate for a Non-Profit, as well as a kumu of various arts. These arts include, pule
(prayer), la`au lap`au (medicinal herbs), lomilomi (massage therapy), ho`oponopono (conflict
resolution), and martial arts. I work with various Hawaiian agencies and organizations, and with public
and charter schools to educate the community about the Hawaiian culture. I was trained by various
known practitioners from Hawai`i, Maui, Moloka`i, O`ahu, Kaua’i, and Ni`ihau.
Regarding TMK (4) 4-6-015:058, a property located in Kapa`a on Kawaihau Rd., currently the St.
Catherine Parish and Preschool. There are no cultural sites or relevance that would inhibit Hawaiian
cultural practices. I am familiar with the site, and it is currently under use by St. Catherine Parish and
Preschool.
If there are any question regarding this issue, please feel free to contact me.
Mahalo,
Sean A. Chun
EXHIBIT G
Traffic Impact Report
Traffic Impact Report
St. Catherine Preschool
Prepared for:
Ushijima Architects, Inc.
Prepared by:
Wilson Okamoto Corporation
July 2021
TRAFFIC IMPACT REPORT
FOR THE
ST. CATHERINE PRESCHOOL
Prepared for:
Ushijima Architects, Inc.
2226 Young Street
Honolulu, HI 96826
Prepared by:
Wilson Okamoto Corporation
1907 S. Beretania Street, Suite 400
Honolulu, Hawaii 96826
WOC Ref #10470-02
July 2021
Traffic Impact Report for St. Catherine Preschool
Page i
TABLE OF CONTENTS
Page
I. Introduction ………….….………………………………….………………. 1
A. Purpose of Study …………………………………………………... 1
B. Scope of Study ………………………………….…………………. 1
II. Project Description…….………………………………….………………… 1
A. Location……….…………………………………….……………… 1
B. Project Characteristics ……………………………………………... 1
III. Baseline Traffic Conditions………………………………………………… 3
A. Area Roadway System ……………………………………………. 3
B. Baseline Multimodal Facilities ……………………………………. 5
C. Traffic Volumes and Conditions …………………………………… 5
1. General ……………………………………………………... 5
a. Baseline Traffic Data ……………………………… 5
b. Capacity Analysis Methodology …………………… 6
2. Baseline Peak Hour Traffic ….…...….……………………. 6
a. General ……………………………………………... 6
b. Kawaihau Road and Hauaala Road………………… 6
c. Kawaihau Road and Mailihuna Road…….……….... 9
IV. Projected Traffic Conditions ………………………………………………. 10
A. Site-Generated Traffic……………………………………………… 10
1. Trip Generation Methodology ……………………………... 10
2. Trip Distribution …………………………………………… 11
B. Through-Traffic Forecasting Methodology ………………………... 11
C. Other Considerations ………………………………………………. 11
D. Total Traffic Volumes Without Project ……………………………. 13
E. Total Traffic Volumes With Project ………………………………... 15
V. Traffic Impact Analysis ….………………….……….……………………. 15
VI. Recommendations ….……………………….……….……………………. 17
VII. Conclusion….………………………………………………………………. 18
Traffic Impact Report for St. Catherine Preschool
Page ii
LIST OF FIGURES
FIGURE 1 Location Map and Vicinity Map
FIGURE 2 Project Site Plan
FIGURE 3 Baseline Lane Configurations
FIGURE 4 Baseline Peak Hours of Traffic
FIGURE 5 Distribution of Site-Generated Vehicles with Project
FIGURE 6 Year 2023 Peak Hours of Traffic Without Project
FIGURE 7 Year 2023 Peak Hours of Traffic With Project
LIST OF APPENDICES
APPENDIX A Baseline Traffic Count Data
APPENDIX B Level of Service Definitions
APPENDIX C Capacity Analysis Calculations
Baseline Peak Period Traffic Analysis
APPENDIX D Plans for the Kawaihau–Hauaala–Mailihuna
Complete Streets Improvements
APPENDIX E Capacity Analysis Calculations
Year 2022 Peak Period Traffic Analysis Without Project
APPENDIX F Capacity Analysis Calculations
Year 2022 Peak Period Traffic Analysis With Project
Traffic Impact Report for St. Catherine Preschool
Page 1
I. INTRODUCTION
A. Purpose of Study
The purpose of this study is to identify and assess the traffic impacts resulting
from the renovation of an existing building within the St. Catherine Parish in Kapaa,
Kauai. The building previously served as a nunnery and will be converted into a
preschool.
B. Scope of Study
This report presents the findings and conclusions of the traffic study, the
scope of which includes:
1. Description of the proposed project.
2. Evaluation of existing roadway and traffic operations in the vicinity.
3. Analysis of future roadway and traffic conditions without the proposed
project.
4. Analysis and development of trip generation characteristics for the proposed
project.
5. Superimposing site-generated traffic over future traffic conditions.
6. The identification and analysis of traffic impacts resulting from the proposed
project.
7. Recommendations of improvements, if appropriate, that would mitigate the
traffic impacts resulting from the proposed project.
II. PROJECT DESCRIPTION
A. Location
The existing St. Catherine Parish is located adjacent to Kawaihau Road in
Kapaa on the island of Kauai (see Figure 1). The parish is bounded by Kawaihau
Road to the north, Hauaala Road to the east, Moa Road to the west, and school and
residential uses to the south. The building that will house the proposed preschool is
located near the center of the site south of the existing St. Catherine Church. Access
to the proposed project is expected to be provided via driveways off Kawaihau Road
and Hauaala Road.
B. Project Characteristics
The proposed project entails the conversion of an existing building which
previously served a nunnery within the St. Catherine Parish. The building will be
renovated to include two classrooms and other support facilities for a preschool that is
FIGURE
1LOCATION MAP AND VICINITY MAP
ST. CATHERINE PRESCHOOL
0 500 2000 Feet1000
Project
Site
Island of Kauai
Project
Site
Traffic Impact Report for St. Catherine Preschool
Page 3
expected to accommodate a maximum of 40 students. Primary access to the project
site will be provided via an existing driveway for the St. Catherine Parish off
Kawaihau Road with secondary access provided via an existing driveway off Hauaala
Road. Parking for the preschool’s pick-up and drop-off is expected to be provided
via an existing parking lot for the St. Catherine Parish accessed via the driveway off
Kawaihau Road. Parking for staff will be provided via an existing grass/gravel lot
near the north edge of the preschool building with access to the lot provided via the
driveway off Hauaala Road. The project is expected to be completed by Year 2022.
See Figure 2 for the proposed site plan.
III. BASELINE TRAFFIC CONDITIONS
A. Area Roadway System
The St. Catherine Parish is located adjacent to Kawaihau Road, a two-way,
two-lane County of Kauai roadway generally oriented in the east-west direction
serving as a main thoroughfare through Kapaa. Northeast of the project site,
Kawaihau Road intersects Hauaala Road. At this unsignalized intersection, the
eastbound approach of Kawaihau Road includes one lane that serves all traffic
movements. The westbound approach includes one lane that serves through and
right-turn movements with a center lane that facilitates left-turn movements. Hauaala
Road is a two-way, two lane County of Kauai roadway generally oriented in the
north-south direction. At the intersection with Kawaihau Road, the northbound and
southbound approaches of Hauaala Road include a stop-controlled lane that serves all
traffic movements.
Less than 150 feet east of the intersection with Hauaala Road, Kawaihau Road
intersects Mailihuna Road. At this unsignalized T-intersection, the eastbound
approach on Kawaihau Road includes a center lane that facilitates left-turn
movements and a shared through and right-turn lane. The westbound approach has
one lane that serves all traffic movements. Mailihuna Road is a two-lane, two-way
County of Kauai roadway that starts as an east-west roadway at the intersection with
Kuhio Highway (Route 56) but transitions to a north-south roadway at the
intersection with Kawaihau Road. The southbound approach of Mailihuna Road
includes one stop-controlled lane that serves all traffic movements.
PROJECT SITE PLAN
FIGURE
2
ST. CATHERINE PRESCHOOL
K A W A I H A U R O A D
Traffic Impact Report for St. Catherine Preschool
Page 5
B. Multimodal Facilities
Multimodal facilities are currently limited in the vicinity of the project site.
Pedestrian facilities are limited to roadway shoulders along Kawaihau Road and
crosswalks to facilitate pedestrian crossings while there are no existing bicycle
facilities around the project site. In addition, transit services in the vicinity are
provided by “The Kaua’i Bus” (operated by the County of Kauai) with only one bus
stop located within a quarter mile of St. Catherine Parish along Kawaihau Road
adjacent to Kapaa High School.
C. Traffic Volumes and Conditions
1. General
a. Baseline Traffic Data
The traffic data used for the purpose of analysis is based on
manual turning movement counts collected in Year 2017 and included
in Appendix A. The manual turning movement count survey was
conducted during the morning peak hours between 6:00 AM and 9:00
AM and during the afternoon peak hours between 2:00 PM and 5:00
PM at the following intersections:
Kawaihau Road and Hauaala Road
Kawaihau Road and Mailihuna Road
The traffic data from Year 2017 represents the most recently
available traffic data in the vicinity of the project. More recent traffic
data could not be collected at this time due to the ongoing COVID-19
pandemic that has resulted in significantly decreased traffic volumes
and shifted travel patterns. The State of Hawaii Department of
Transportation (HDOT) Highways Division has been tracking traffic
volumes along the major regional roadways including those in Kauai.
The HDOT traffic data indicates that in general, traffic volumes on the
island of Kauai are still slightly below pre-COVID volumes. As such,
for the purpose of this report, traffic volumes based on collected in
Year 2017 were assumed to represent Year 2021 baseline conditions.
It should be noted that an assessment of historical traffic data along the
Traffic Impact Report for St. Catherine Preschool
Page 6
roadways in the vicinity of the project indicates that traffic volumes in
the vicinity were relatively stable pre-COVID.
b. Capacity Analysis Methodology
The highway capacity analysis performed in this study is based
upon procedures presented in the “Highway Capacity Manual”,
Transportation Research Board, 2010, and the “Synchro” software,
developed by Trafficware. The analysis is based on the concept of
Level of Service (LOS) to identify the traffic impacts associated with
traffic demands during the peak periods of traffic.
LOS is a quantitative and qualitative assessment of traffic
operations. Levels of Service are defined by LOS “A” through “F”;
LOS “A” representing ideal or free-flow traffic operating conditions
and LOS “F” unacceptable or potentially congested traffic operating
conditions.
“Volume-to-Capacity” (v/c) ratio is another measure indicating
the relative traffic demand to the road carrying capacity. A v/c ratio of
one (1.00) indicates that the roadway is operating at or near capacity.
A v/c ratio of greater than 1.00 indicates that the traffic demand
exceeds the road’s carrying capacity. The LOS definitions are
included in Appendix B.
2. Baseline Peak Hour Traffic
a. General
Figures 3 and 4 show the baseline lane uses and peak hour
traffic volumes. The AM peak hour of traffic generally occurs
between 7:00 AM and 8:00 AM. The PM peak hour of traffic
generally occurs between the hours of 2:15 PM and 3:15 PM. The
analysis is based on these peak hour time periods for each intersection
to identify the traffic impacts resulting from the proposed project.
LOS calculations are included in Appendix C.
b. Kawaihau Road and Hauaala Road
At the intersection with Hauaala Road, Kawaihau Road carries
259 vehicles westbound and 627 vehicles eastbound during the AM
BASELINE LANE CONFIGURATIONS
FIGURE
3
ST. CATHERINE PRESCHOOL
LEGEND
Study Intersection
1
2
BASELINE PEAK HOURS OF TRAFFIC
FIGURE
4
ST. CATHERINE PRESCHOOL
LEGEND
Study Intersection
XX/XX Peak Hour Volume (AM/PM)
1
2
6/251/10155/483/9
548/271
76/406/1117/1523/526/43
188/271
45/130
1
314/170
412/154101/19331/3577/83
158/251
2
Traffic Impact Report for St. Catherine Preschool
Page 9
peak period. During the PM peak period, traffic volumes are less with
444 vehicles traveling westbound and 320 vehicles traveling
eastbound. The westbound left-turn lane operates at LOS “A” during
both peak periods.
Hauaala Road carries 162 vehicles northbound and 46 vehicles
southbound during the AM peak period. During the PM peak period,
traffic volumes are less with 83 vehicles traveling northbound and 31
vehicles traveling southbound. The northbound approach operates at
LOS “C” during both peak periods while the southbound approach
operates at LOS “E” during the AM peak period and LOS “C” during
the PM peak period.
Marked crosswalks are provided across Kawaihau Road on the
west side of the intersection and across Hauaala Road on the south side
of the intersection. During the AM peak period, 1 pedestrian was
observed crossing Kawaihau Road on the west side of the intersection
while 11 pedestrians were observed crossing Hauaala Road on the
south side of the intersection. During the PM peak period, 2
pedestrians were observed crossing Kawaihau Road on the west side
of the intersection while 3 pedestrians were observed crossing Hauaala
Road on the south side of the intersection. In addition, although there
is not a marked crosswalk provided across Hauaala Road on the north
side of the intersection, 9 pedestrians were observed crossing at this
location during the AM peak period. No pedestrians were observed
crossing at this location during the PM peak period.
c. Kawaihau Road and Mailihuna Road
At the intersection with Mailihuna Road, Kawaihau Road
carries 726 vehicles eastbound and 235 vehicles westbound during the
AM peak period. During the PM peak period, the overall traffic
volume is less with 324 vehicles traveling eastbound and 334 vehicles
traveling westbound. The eastbound left-turn lane operates at LOS
“A” during both peak periods.
Traffic Impact Report for St. Catherine Preschool
Page 10
The Mailihuna Road approach of the intersection carries 132
vehicles during the AM peak period and 228 vehicles during the PM
peak period. The southbound approach operates at LOS “C” during
both peak periods.
Marked crosswalks are provided across Kawaihau Road on the
east side of the intersection and across Mailihuna Road on the north
side of the intersection. During the AM peak period, 7 pedestrians
were observed crossing Kawaihau Road on the east side of the
intersection while no pedestrians were observed crossing Mailihuna
Road on the north side of the intersection. During the PM peak period,
there were no pedestrians observed crossing at this intersection.
IV. PROJECTED TRAFFIC CONDITIONS
A. Site-Generated Traffic
1. Trip Generation Methodology
The trip generation methodology used in this study is based upon
generally accepted techniques developed by the Institute of Transportation
Engineers (ITE) and published in “Trip Generation, 10th Edition,” 2017. The
ITE trip generation rates are developed empirically by correlating vehicle trip
generation data with various land use characteristics such as the number of
vehicle trips generated per number of students. Table 1 summarizes the trip
generation characteristics related to the proposed project applied to the AM
and PM peak hours of traffic.
Table 1: Peak Hour Trip Generation
DAY CARE CENTER (PRESCHOOL)
INDEPENDENT VARIABLE: Number of students = 40
PROJECTED TRIP ENDS
AM PEAK ENTER
EXIT
TOTAL
17
14
31
PM PEAK ENTER
EXIT
TOTAL
15
17
32
Traffic Impact Report for St. Catherine Preschool
Page 11
2. Trip Distribution
Figure 5 shows the distribution of site-generated traffic during the AM
and PM peak periods. Primary access to the project site will be provided via
an existing driveway off Kawaihau Road with secondary access to be
provided via an existing driveway off Hauaala Road. The driveway off
Kawaihau Road is expected to provide access to parking for the preschool’s
parking for pick-up/drop-off while the driveway off Hauaala Road is expected
to serve staff parking. It should be noted that trips associated with the
preschool staff are expected to access the project site prior to the peak hour in
the morning and depart after the end of the school day. As such, for the
purpose of analysis, all site-generated trips were distributed to the project’s
primary driveway off Kawaihau Road. The directional distribution of all
additional site-generated vehicles was based upon the relative distribution of
traffic between the surrounding roadways. As such, 35% of trips were
assumed to be traveling to/from the west via Kawaihau Road while 25% while
trips to the east were split between Kawaihau Road and Mailihuna Road with
25% assumed to travel to/from Kawaihau Road and 25% of trips to travel
to/from the project site via Mailihuna Road. 15% of trips were assumed to be
traveling to/from the south via Hauaala Road. The distribution of all site-
generated vehicles at the study intersections was based upon their assumed
origin/destination and the relative convenience of available routes.
B. Through Traffic Forecasting Methodology
The travel forecast is based upon historical traffic count data obtained from
the State DOT, Highways Division at survey stations in the vicinity of the project site.
The historical data indicates relatively stable traffic volumes in the project vicinity.
As such, an annual traffic growth rate of approximately 1.0% was conservatively
assumed in the vicinity. Using 2021 as the Base Year, a growth rate factor of 1.01
was applied to the existing through traffic demands along the project roadways to
achieve the projected Year 2022 traffic demands.
C. Other Considerations
A roundabout is planned to be installed at the intersection of Kawaihau Road
with Mailihuna Road and Hauaala Road by the County of Kauai. Currently, there are
DISTRIBUTION OF SITE-GENERATED VEHICLES WITH PROJECT
FIGURE
5
ST. CATHERINE PRESCHOOL
LEGEND
Study Intersection
XX/XX Peak Hour Volume (AM/PM)3/24/4
4/4
2/3
4/4
Traffic Impact Report for St. Catherine Preschool
Page 13
two separate intersections along this stretch of Kawaihau Road with the approaches
from the minor roadways stop-controlled. The proposed Kawaihau–Hauaala–
Mailihuna Complete Streets project will convert these intersections into a five-legged
peanut-shaped roundabout. In conjunction with this project, new sidewalks will be
installed through the roundabout and along a portion of the connecting roadways
including Hauaala Road adjacent to St. Catherine’s Parish. In addition, new curb
ramps and modified crosswalks will be provided to facilitate pedestrian circulation in
the vicinity. The proposed project is expected to be completed by the Year 2022 and
as such, is incorporated into projected without project conditions. Plans for the
Complete Streets improvements at the intersection of Kawaihau Road with Mailihuna
Road and Hauaala Road are included in Appendix D.
D. Total Traffic Volumes Without Project
The baseline levels of service are shown in Table 2 while the projected Year
2022 AM and PM peak period traffic volumes and operating conditions without the
completion of the proposed project is shown in Figure 6 and summarized in Table 3.
The analysis incorporates ambient growth in traffic, as well as the completion of the
roundabout construction at the intersections of Kawaihau Road with Mailihuna Road
and Hauaala Road. LOS calculations are included in Appendix E.
Table 2: Baseline Year 2021 LOS Traffic Operating Conditions
Intersection Approach/
Critical Movement
AM
Baseline
PM
Baseline
Kawaihau Rd/
Hauaala Rd/
Westbound (LT) A A
Northbound C C
Southbound E C
Kawaihau Rd/
Mailihuna Rd
Eastbound (LT) A A
Southbound C C
* LT = Left-turn
YEAR 2022 PEAK HOURS OF TRAFFIC WITHOUT PROJECT
FIGURE
6
ST. CATHERINE PRESCHOOL
LEGEND
Study Intersection
XX/XX Peak Hour Volume (AM/PM)
*Roundabout Configuration 6/251/1092/2565/233/9
215/143
338/130
77/405/1117/1513/210/378/84
4/11
139/209
16/33
*
*
Traffic Impact Report for St. Catherine Preschool
Page 15
Table 3: Projected Year 2022 (Without Project)
LOS Traffic Operating Conditions
Intersection Approach/
Critical Movement
AM
w/o Project
PM
w/o Project
Kawaihau Rd/
Hauaala Rd/
Mailihuna Rd*
Eastbound B A
Westbound A A
Northbound A A
Southbound A A
Southbound A A
*Complete Streets improvements implemented
Under Year 2022 without project conditions, traffic operations along
Kawaihau Road are expected to improve from baseline conditions. The conversion of
the two closely spaced intersections with Hauaala Road and Mailihuna Road into a
five-legged peanut-shaped roundabout intersection is expected to facilitate traffic
flow through the intersection and improve the levels of service for all approaches.
The eastbound approach of Kawaihau Road is expected to operate at LOS “B” and
LOS “A” during the AM and PM peak periods, respectively, while the westbound
approach is expected to operate at LOS “A” during both peak periods. At the
Hauaala Road approaches of the intersection, traffic operations are expected to
operate at LOS “A” during both peak periods. Similarly, the Mailihuna Road
approach of the intersection is also expected to operate at LOS “A” during both peak
periods.
E. Total Traffic Volumes With Project
Figure 7 shows the projected Year 2022 cumulative AM and PM peak hour
traffic conditions resulting from the proposed project. The cumulative volumes
consist of site-generated traffic with the proposed preschool superimposed over Year
2022 projected traffic demands. The traffic impacts resulting from the proposed
project are addressed in the following section.
V. TRAFFIC IMPACT ANALYSIS
The projected Year 2022 cumulative AM and PM peak hour traffic conditions
resulting from the proposed project are summarized in Table 4. The projected Year 2022
(Without Project) operating conditions are provided for comparison purposes. LOS
calculations are included in Appendix F.
YEAR 2022 PEAK HOURS OF TRAFFIC WITH PROJECT
FIGURE
7
ST. CATHERINE PRESCHOOL
LEGEND
Study Intersection
XX/XX Peak Hour Volume (AM/PM)9/271/1092/2565/233/9
219/147
342/134
79/435/1117/1513/210/378/84
4/11
143/213
16/33
Traffic Impact Report for St. Catherine Preschool
Page 17
Table 4: Projected Year 2022 (Without and With Project) LOS
Traffic Operating Conditions
Intersection Approach/
AM PM
w/o
Proj
w/
Proj
w/o
Proj
w/
Proj
Kawaihau Rd/
Hauaala Rd/
Mailihuna Rd
Eastbound B B A A
Westbound A A A A
Northbound A A A A
Southbound A A A A
Southbound A A A A
Under Year 2022 with project conditions, traffic operations along Kawaihau Road are
generally expected to remain similar to without project conditions. As previously discussed,
the conversion of the two closely spaced intersections with Hauaala Road and Mailihuna
Road into a five-legged peanut roundabout intersection is expected to facilitate traffic flow
through the intersection and accommodate site-generated trips. The eastbound and
westbound approaches of Kawaihau Road are expected to continue operating at LOS “B” or
better and LOS “A” during the AM and PM peak periods, respectively, whereas the
northbound and southbound approaches of Hauaala Road are both expected to continue
operating at LOS “A” during both peak periods. The Mailihuna Road approach of the
intersection is also expected to remain similar to without project conditions.
VI. RECOMMENDATIONS
Based on the analysis of the traffic data, the following are the recommendations of
this study to be incorporated in the project design.
1. Verify sufficient sight distance for motorists to safely enter and exit all project
driveways including the driveways off Kawaihau Road and Hauaala Road.
2. Verify adequate on-site loading and off-loading service areas and prohibit off-site
loading operations.
3. Verify adequate turn-around area for service, delivery, and refuse collection vehicles
to maneuver on the project site to avoid vehicle-reversing maneuvers onto public
roadways.
4. Verify sufficient turning radii at all project driveways to avoid vehicle encroachments
to oncoming traffic lanes.
Traffic Impact Report for St. Catherine Preschool
Page 18
5. Ensure that the existing grass/gravel lot off Hauaala Road that is expected to be used
as the preschool’s staff parking lot is made accessible in conformance with the
Americans with Disabilities Act (ADA) requirements.
6. Ensure that pedestrian connections to and from the existing parking area off
Kawaihau Road are accessible in conformance with ADA requirements. This lot is
expected to be designated as the parking lot for pick-up/drop-off for the preschool.
7. Consider providing signage near the project driveway off Hauaala Road to inform
students and parents of the preschool where the designated parking for pick-up/drop
off is located. In addition, provide information to indicate that the parking lot off
Hauaala Road is for staff parking only.
8. Coordinate with the County of Kauai to ensure that appropriate modifications for the
project driveways are incorporated into their complete streets project and that
sufficient sight distances and turning radii are maintained for vehicles entering/exiting
the project site.
VII. CONCLUSION
The proposed project entails the conversion of an existing building within the St.
Catherine Parish to a preschool that is expected to accommodate a maximum of 40 students.
Primary access to the project site will be provided via an existing driveway off Kawaihau
Road with secondary access to be provided via an existing driveway off Hauaala Road. The
proposed St Catherine preschool is expected to be completed by Year 2022. With the
implementation of the aforementioned recommendations, traffic operations are generally
expected to remain similar to without project conditions. Improvements along Kawaihau
Road at the intersections with Hauaala Road and Mailihuna Road to convert those
intersections into a five-legged peanut roundabout intersection is expected to facilitate traffic
flow in the vicinity of the project and accommodate site-generated trips. Although traffic
operations in the vicinity are generally expected to remain similar to without project
conditions, consideration should be given to ensuring that the pedestrian connections to/from
the designated parking areas are accessible in conformance with the American with
Disabilities Act requirements.
APPENDIX A
BASELINE TRAFFIC COUNT DATA
File Name : KAW MAI AMSite Code : 00000001Start Date : 10/26/2017Page No : 1Counted By: HMCounters: D4-3888Weather: ClearGroups Printed- Bank 1Mailihuna RoadSouthboundKawaihau RoadWestboundPedestriansStart TimeLT ontoKawaihauRd.RT ontoHauaalaRd.RT ontoKawaihauRd.Thru onHauaalaRd.App. TotalLT ontoHauaalaRd.Thru onKawaihauRd.RT ontoMailihunaRd.RT ontoHauaalaRd.App. TotalMailihunaRd. SBKawaihauRd. WBApp. TotalInt. Total06:00 AM1112 51720 1000 01506:15 AM1112 52940 1500 02006:30 AM3347 1721261 2111 24006:45 AM7456 2212082 3100 053Total1291117496482037711212807:00 AM9 3 4 10 2642321 2 5000 07607:15 AM8597 2963622 1 6506 610007:30 AM76126 3134617 1 6701 19907:45 AM78256 4633317 0 5300 099Total312250291321613877423507737408:00 AM10594 2841730 2400 05208:15 AM1486 1922511 1 3900 05808:30 AM34125 2453262 4500 06908:45 AM2464 1642810 3300 049Total161735198715102213141000228Grand Total59 48 96 65 26837 288 118 10 45318 9730Apprch %22 17.9 35.8 24.3 8.2 63.6 26 2.2 11.1 88.9 Total %8.1 6.6 13.2 8.9 36.75.1 39.5 16.2 1.4 62.10.1 1.1 1.2Mailihuna RoadSouthboundKawaihau RoadWestboundPedestriansStart TimeLT ontoKawaihauRd.RT ontoHauaala Rd.RT ontoKawaihauRd.Thru onHauaala Rd.App. TotalLT ontoHauaala Rd.Thru onKawaihauRd.RT ontoMailihunaRd.RT ontoHauaala Rd.App. TotalApp. TotalInt. TotalPeak Hour Analysis From 06:00 AM to 08:45 AM - Peak 1 of 1Peak Hour for Entire Intersection Begins at 07:00 AM07:00 AM93410 2642321 2 5007607:15 AM8597 2963622 1 6509407:30 AM76126 3134617 1 6709807:45 AM78256 4633317 0 53099Total Volume31225029132161387742350367% App. Total23.516.737.922 6.858.732.81.7 PHF.861.688.500.725.717.667.750.875.500.877.000.927Wilson Okamoto Corporation1907 S. Beretania Street, Suite 400Honolulu, HI 96826
File Name : KAW MAI PMSite Code : 00000001Start Date : 10/26/2017Page No : 1Counted By: HMCounters: D4-3888Weather: ClearGroups Printed- UnshiftedMailihuna RoadSouthboundKawaihau RoadWestboundPedestriansStart TimeLT ontoKawaihauRd.RT ontoHuaala Rd.RT ontoKawaihauRd.Thru onHauaalaRd.App. TotalLT ontoHauaalaRd.Thru onKawaihauRd.RT ontoMailihunaRd.RT ontoHauaalaRd.App. TotalMailihunaRd. SBKawaihauRd. WBApp. TotalInt. Total02:00 PM4 5 11 16 3602866 4000 07602:15 PM5 7 8 14 3404117 1 5913 49702:30 PM20 15 32 45 11217 80 43 2 142128 2928302:45 PM4 6 12 18 4073711 3 5820 2100Total333363932222418677122994313555603:00 PM6 4 12 20 4294912 5 7500 011703:15 PM3 5 10 18 3654092 5600 09203:30 PM6 3 16 26 5115260 5900 011003:45 PM5 7 10 22 4453252 4410 189Total201948861732017332923410140804:00 PM5 7 12 32 5644185 5801 111504:15 PM6 8 14 26 5462785 4610 110104:30 PM3 7 14 25 4935182 6401 111404:45 PM2 6 9 19 3625091 6210 199Total162849102195151693313230224429Grand Total69 80 160 281 59059 528 142 34 763733 401393Apprch %11.7 13.6 27.1 47.6 7.7 69.2 18.6 4.5 17.5 82.5 Total %5 5.7 11.5 20.2 42.44.2 37.9 10.2 2.4 54.80.5 2.4 2.9Mailihuna RoadSouthboundKawaihau RoadWestboundPedestriansStart TimeLT ontoKawaihauRd.RT ontoHuaala Rd.RT ontoKawaihauRd.Thru onHauaala Rd.App. TotalLT ontoHauaala Rd.Thru onKawaihauRd.RT ontoMailihunaRd.RT ontoHauaala Rd.App. TotalApp. TotalInt. TotalPeak Hour Analysis From 02:00 PM to 04:45 PM - Peak 1 of 1Peak Hour for Entire Intersection Begins at 02:15 PM02:15 PM57814 3404117 1 5909302:30 PM20 15 32 45 11217 80 43 2 142025402:45 PM4 6 12 18 4073711 3 5809803:00 PM6 4 12 20 4294912 5 750117Total Volume353264972283320783113340562% App. Total15.41428.142.5 9.96224.93.3 PHF.438.533.500.539.509.485.647.483.550.588.000.553Wilson Okamoto Corporation1907 S. Beretania Street, Suite 400Honolulu, HI 96826
File Name : KAW HAU AMSite Code : 00000001Start Date : 10/26/2017Page No : 1Counted By: JKCounters:D4-5674Weather: ClearGroups Printed- UnshiftedHauaala RoadSouthboundKawaihau RoadEastboundHauaala RoadNorthboundPedestriansStart TimeLTontoMailihuna Rd.LTontoKawaihau Rd.ThruonHauaala Rd.RTontoKawaihau Rd.App. TotalLTontoHauaala Rd.LTontoMailihuna Rd.ThruonKawaihau Rd.RTontoHauaala Rd.App. TotalLTontoKawaihau Rd.ThruonHuaalaRd.RTontoMailihuna Rd.RTontoKawaihau Rd.App. TotalHauaala Rd.SBHauaala Rd.NBKawaihau Rd.EBApp. TotalInt. Total06:00 AM3511 1051536 3 592013 6000 07506:15 AM1151 822848 9 870011 2000 09706:30 AM1130 52 38 58 10 1080011 2100 111606:45 AM2410 73 39 75 21 1383024 9000 0154Total711102301212021743392505919100144207:00 AM2251 100 55 78 15 1481156 13410 517607:15 AM58101 240 61 114 11 1863 0 16 13 32061 724907:30 AM2204 80 32 73 23 1280 0 29 20 49220 418907:45 AM1120 43 65 70 27 1652 0 41 25 68320 5242Total10131764632133357662761916416291112185608:00 AM0022 40 56 42 12 1103086 17140 513608:15 AM0121 41313714 831163 11110 210008:30 AM1320 623533 9 794042 10211 49908:45 AM1442 1133231 3 690054 9010 190Total28105256154143383418123154747112425Grand Total19 32 37 13 10121 487 695 157 136019 2 119 88 22814 18 2 341723Apprch %18.8 31.7 36.6 12.9 1.5 35.8 51.1 11.5 8.3 0.9 52.2 38.6 41.2 52.9 5.9 Total %1.1 1.9 2.1 0.8 5.91.2 28.3 40.3 9.1 78.91.1 0.1 6.9 5.1 13.20.8 1 0.1 2Hauaala RoadSouthboundKawaihau RoadEastboundHauaala RoadNorthboundPedestriansStart TimeLT ontoMailihuna Rd.LT ontoKawaihau Rd.Thru onHauaalaRd.RT ontoKawaihau Rd.App. TotalLT ontoHauaalaRd.LT ontoMailihuna Rd.Thru onKawaihau Rd.RT ontoHauaalaRd.App. TotalLT ontoKawaihau Rd.Thru onHuaalaRd.RT ontoMailihuna Rd.RT ontoKawaihau Rd.App. TotalApp. TotalInt. TotalPeak Hour Analysis From 06:00 AM to 08:45 AM - Peak 1 of 1Peak Hour for Entire Intersection Begins at 07:00 AM07:00 AM2251 100557815 1481156 13017107:15 AM58101 240 61 114 11 1863 0 16 13 32024207:30 AM2204 80327323 1280 0 29 20 49018507:45 AM1120 43657027 1652 0 41 25 680237Total Volume1013176463213335766276191641620835% App. Total21.728.33713 0.53453.412.1 3.70.656.239.5 PHF.500.406.425.375.479.250.819.735.704.843.500.250.555.640.596.000.863Wilson Okamoto Corporation1907 S. Beretania Street, Suite 400Honolulu, HI 96826
File Name : KAW HAU PMSite Code : 00000001Start Date : 10/26/2017Page No : 1Counted By: JKCounters: D4-5674Weather: ClearGroups Printed- UnshiftedHauaala RoadSouthboundKawaihau RoadEastboundHauaala RoadNorthboundPedestriansStart TimeLTontoMailihuna Rd.LTontoKawaihau Rd.ThruonHauaala Rd.RTontoKawaihau Rd.App. TotalLTontoHauaala Rd.LTontoMailihuna Rd.ThruonKawaihau Rd.RTontoHauaala Rd.App. TotalLTontoKawaihau Rd.ThruonHuaalaRd.RTontoMailihuna Rd.RTontoKawaihau Rd.App. TotalHauaala Rd.SBHuaalaRd. NBKawaihau Rd.EBApp. TotalInt. Total02:00 PM0021 31361913 693356 17000 08902:15 PM0010 14453013 928265 21040 411802:30 PM1066 133313513 824 2 7 10 23119 4 2414202:45 PM1223 803227 4 633132 9000 080Total2211102581441114330618821237012342842903:00 PM1062 92343710 8310596 30020 212403:15 PM3240 94333711 856264 18010 111303:30 PM4320 90233310 664242 12001 18803:45 PM3210 61323410 776287 23001 1107Total117132337122141413112611271983032543204:00 PM0131 513333 6 734184 17000 09504:15 PM1043 812730 5 6310580 23000 09404:30 PM0051 633634 3 7612296 29001 111204:45 PM1135 1042922 3 5842127 25001 194Total2215102991251191727030103717940022395Grand Total15 11 39 22 8724 391 371 101 88774 29 85 59 247126 8 351256Apprch %17.2 12.6 44.8 25.3 2.7 44.1 41.8 11.4 30 11.7 34.4 23.9 2.9 74.3 22.9 Total %1.2 0.9 3.1 1.8 6.91.9 31.1 29.5 8 70.65.9 2.3 6.8 4.7 19.70.1 2.1 0.6 2.8Hauaala RoadSouthboundKawaihau RoadEastboundHauaala RoadNorthboundPedestriansStart TimeLT ontoMailihuna Rd.LT ontoKawaihau Rd.Thru onHauaalaRd.RT ontoKawaihau Rd.App. TotalLT ontoHauaalaRd.LT ontoMailihuna Rd.Thru onKawaihau Rd.RT ontoHauaalaRd.App. TotalLT ontoKawaihau Rd.Thru onHuaalaRd.RT ontoMailihuna Rd.RT ontoKawaihau Rd.App. TotalApp. TotalInt. TotalPeak Hour Analysis From 02:00 PM to 04:45 PM - Peak 1 of 1Peak Hour for Entire Intersection Begins at 02:15 PM02:15 PM0010 14453013 928265 21011402:30 PM1066 133313513 8242710 23011802:45 PM1223 803227 4 633132 908003:00 PM1062 92343710 8310596 300122Total Volume3215113191421294032025102523830434% App. Total9.76.548.435.5 2.844.440.312.5 30.11230.127.7 PHF.750.250.625.458.596.563.789.872.769.870.625.500.694.575.692.000.889Wilson Okamoto Corporation1907 S. Beretania Street, Suite 400Honolulu, HI 96826
APPENDIX B
LEVEL OF SERVICE DEFINITIONS
“Highway Capacity Manual,” Transportation Research Board, 2010.
LEVEL OF SERVICE DEFINITIONS
LEVEL-OF-SERVICE (LOS) CRITERIA FOR AUTOMOBILES AT A TWO-WAY STOP
CONTROLLED (TWSC) INTERSECTIONS
LOS for a TWSC intersection is determined by the computed or measured control delay.
For motor vehicles, LOS is determined for each minor-street movement (or shared movement) as
well as major-street left turns by using criteria shown below. Major-street through vehicles are
assumed to experience zero delay. LOS F is assigned to the movement if the volume-to-capacity
ratio for the movement exceeds 1.0, regardless of the control delay.
The following lists the LOS criteria for a TWSC intersection:
LOS A describes operations with a control delay of 10s/veh or less and a volume-to-capacity
ratio no greater than 1.0.
LOS B describes operations with a control delay between 10s/veh and 15s/veh and a volume-to-
capacity ratio no greater than 1.0.
LOS C describes operations with a control delay between 15s/veh and 25s/veh and a volume-to-
capacity ratio no greater than 1.0.
LOS D describes operations with a control delay between 25s/veh and 35s/veh and a volume-to-
capacity ratio no greater than 1.0.
LOS E describes operations with a control delay between 35s/veh and 50s/veh and a volume-to-
capacity ratio no greater than 1.0.
LOS F describes operations with a control exceeding 50s/veh and a volume-to-capacity ratio no
greater than 1.0 or when the volume-to-capacity ratio exceeds 1.0, regardless of the measurement
of the control delay.
“Highway Capacity Manual,” Transportation Research Board, 2010.
LEVEL OF SERVICE DEFINITIONS
LEVEL-OF-SERVICE (LOS) CRITERIA FOR AUTOMOBILES AT A ROUNDABOUT
Roundabouts are intersections with a generally circular shaped, characterized by yield on
entry and circulation around a central island (counterclockwise in the United States). For a
roundabout, LOS is based solely on control delay. The LOS criteria for automobiles in
roundabouts is shown below. Roundabouts share the same basic controlled delay formulation
with two-way and all-way stop-controlled intersections, adjusting for the effect of yield control.
LOS F is assigned to the movement if the volume-to-capacity ratio for the movement exceeds
1.0, regardless of the control delay.
The following lists the LOS criteria for a roundabout:
LOS A describes operations with a control delay of 10s/veh or less and a volume-to-capacity
ratio no greater than 1.0.
LOS B describes operations with a control delay between 10s/veh and 15s/veh and a volume-to-
capacity ratio no greater than 1.0.
LOS C describes operations with a control delay between 15s/veh and 25s/veh and a volume-to-
capacity ratio no greater than 1.0.
LOS D describes operations with a control delay between 25s/veh and 35s/veh and a volume-to-
capacity ratio no greater than 1.0.
LOS E describes operations with a control delay between 35s/veh and 50s/veh and a volume-to-
capacity ratio no greater than 1.0.
LOS F describes operations with a control exceeding 50s/veh and a volume-to-capacity ratio no
greater than 1.0 or when the volume-to-capacity ratio exceeds 1.0, regardless of the measurement
of the control delay.
APPENDIX C
CAPACITY ANALYSIS CALCULATIONS
BASELINE PEAK HOUR TRAFFIC ANALYSIS
HCM 2010 TWSC
1: Hauaala Road & Kawaihau Road 06/24/2021
St Catherine Preschool Synchro 10 Report
AM Peak Baseline Page 1
Intersection
Int Delay, s/veh 5.1
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR
Lane Configurations
Traffic Vol, veh/h 3 548 76 45 188 26 6 1 155 23 17 6
Future Vol, veh/h 3 548 76 45 188 26 6 1 155 23 17 6
Conflicting Peds, #/hr 0 00000000000
Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop
RT Channelized - - None - - None - - None - - None
Storage Length - - - 25 --------
Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 -
Grade, % - 0 - - 0 - - 0 - - 0 -
Peak Hour Factor 86 86 86 86 86 86 86 86 86 86 86 86
Heavy Vehicles, % 2 22222222222
Mvmt Flow 3 637 88 52 219 30 7 1 180 27 20 7
Major/Minor Major1 Major2 Minor1 Minor2
Conflicting Flow All 249 0 0 725 0 0 1039 1040 681 1116 1069 234
Stage 1 ------687687-338338-
Stage 2 ------352353-778731-
Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22
Critical Hdwy Stg 1 ------6.12 5.52 - 6.12 5.52 -
Critical Hdwy Stg 2 ------6.12 5.52 - 6.12 5.52 -
Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318
Pot Cap-1 Maneuver 1317 - - 878 - - 209 230 450 185 221 805
Stage 1 ------437447-676641-
Stage 2 ------665631-389427-
Platoon blocked, % - - - -
Mov Cap-1 Maneuver 1317 - - 878 - - 183 216 450 105 207 805
Mov Cap-2 Maneuver ------183216-105207-
Stage 1 ------435445-673603-
Stage 2 ------600594-232425-
Approach EB WB NB SB
HCM Control Delay, s 0 1.6 20.1 42.1
HCM LOS C E
Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1
Capacity (veh/h) 424 1317 - - 878 - - 149
HCM Lane V/C Ratio 0.444 0.003 - - 0.06 - - 0.359
HCM Control Delay (s) 20.1 7.7 0 - 9.4 - - 42.1
HCM Lane LOS C A A - A - - E
HCM 95th %tile Q(veh) 2.2 0 - - 0.2 - - 1.5
HCM 2010 TWSC
1: Hauaala Road & Kawaihau Road 06/24/2021
St Catherine Preschool Synchro 10 Report
PM Peak Baseline Page 1
Intersection
Int Delay, s/veh 3.8
Movement EBL EBT EBR WBL WBT WBR NBL NBT NBR SBL SBT SBR
Lane Configurations
Traffic Vol, veh/h 9 271 40 130 271 43 25 10 48 5 15 11
Future Vol, veh/h 9 271 40 130 271 43 25 10 48 5 15 11
Conflicting Peds, #/hr 0 00000000000
Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop
RT Channelized - - None - - None - - None - - None
Storage Length - - - 25 --------
Veh in Median Storage, # - 0 - - 0 - - 0 - - 0 -
Grade, % - 0 - - 0 - - 0 - - 0 -
Peak Hour Factor 90 90 90 90 90 90 90 90 90 90 90 90
Heavy Vehicles, % 2 22222222222
Mvmt Flow 10 301 44 144 301 48 28 11 53 6 17 12
Major/Minor Major1 Major2 Minor1 Minor2
Conflicting Flow All 349 0 0 345 0 0 971 980 323 988 978 325
Stage 1 ------343343-613613-
Stage 2 ------628637-375365-
Critical Hdwy 4.12 - - 4.12 - - 7.12 6.52 6.22 7.12 6.52 6.22
Critical Hdwy Stg 1 ------6.12 5.52 - 6.12 5.52 -
Critical Hdwy Stg 2 ------6.12 5.52 - 6.12 5.52 -
Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318
Pot Cap-1 Maneuver 1210 - - 1214 - - 232 250 718 226 250 716
Stage 1 ------672637-480483-
Stage 2 ------471471-646623-
Platoon blocked, % - - - -
Mov Cap-1 Maneuver 1210 - - 1214 - - 194 218 718 181 218 716
Mov Cap-2 Maneuver ------194218-181218-
Stage 1 ------665631-475426-
Stage 2 ------392415-582617-
Approach EB WB NB SB
HCM Control Delay, s 0.2 2.4 19.3 19.8
HCM LOS C C
Minor Lane/Major Mvmt NBLn1 EBL EBT EBR WBL WBT WBRSBLn1
Capacity (veh/h) 344 1210 - - 1214 - - 277
HCM Lane V/C Ratio 0.268 0.008 - - 0.119 - - 0.124
HCM Control Delay (s) 19.3 8 0 - 8.4 - - 19.8
HCM Lane LOS C A A - A - - C
HCM 95th %tile Q(veh) 1.1 0 - - 0.4 - - 0.4
HCM 2010 TWSC
2: Kawaihau Road & Mailihuna Road 06/24/2021
St Catherine Preschool Synchro 10 Report
AM Peak Baseline Page 2
Intersection
Int Delay, s/veh 4.7
Movement EBL EBT WBT WBR SBL SBR
Lane Configurations
Traffic Vol, veh/h 314 412 158 77 31 101
Future Vol, veh/h 314 412 158 77 31 101
Conflicting Peds, #/hr 0 00000
Sign Control Free Free Free Free Stop Stop
RT Channelized - None - None - None
Storage Length 50 - - - 0 50
Veh in Median Storage, # - 0 0 - 0 -
Grade, % - 0 0 - 0 -
Peak Hour Factor 93 93 93 93 93 93
Heavy Vehicles, % 2 22222
Mvmt Flow 338 443 170 83 33 109
Major/Minor Major1 Major2 Minor2
Conflicting Flow All 253 0 - 0 1331 212
Stage 1 - - - - 212 -
Stage 2 - - - - 1119 -
Critical Hdwy 4.12 - - - 6.42 6.22
Critical Hdwy Stg 1 - - - - 5.42 -
Critical Hdwy Stg 2 - - - - 5.42 -
Follow-up Hdwy 2.218 - - - 3.518 3.318
Pot Cap-1 Maneuver 1312 - - - 170 828
Stage 1 - - - - 823 -
Stage 2 - - - - 312 -
Platoon blocked, % - - -
Mov Cap-1 Maneuver 1312 - - - 126 828
Mov Cap-2 Maneuver - - - - 126 -
Stage 1 - - - - 611 -
Stage 2 - - - - 312 -
Approach EB WB SB
HCM Control Delay, s 3.8 0 17.9
HCM LOS C
Minor Lane/Major Mvmt EBL EBT WBT WBRSBLn1SBLn2
Capacity (veh/h) 1312 - - - 126 828
HCM Lane V/C Ratio 0.257 - - - 0.265 0.131
HCM Control Delay (s) 8.7 - - - 43.5 10
HCM Lane LOS A - - - E B
HCM 95th %tile Q(veh) 1 - - - 1 0.5
HCM 2010 TWSC
2: Kawaihau Road & Mailihuna Road 06/24/2021
St Catherine Preschool Synchro 10 Report
PM Peak Baseline Page 2
Intersection
Int Delay, s/veh 5.6
Movement EBL EBT WBT WBR SBL SBR
Lane Configurations
Traffic Vol, veh/h 170 154 251 83 35 193
Future Vol, veh/h 170 154 251 83 35 193
Conflicting Peds, #/hr 0 00000
Sign Control Free Free Free Free Stop Stop
RT Channelized - None - None - None
Storage Length 50 - - - 0 50
Veh in Median Storage, # - 0 0 - 0 -
Grade, % - 0 0 - 0 -
Peak Hour Factor 80 80 80 80 80 80
Heavy Vehicles, % 2 22222
Mvmt Flow 213 193 314 104 44 241
Major/Minor Major1 Major2 Minor2
Conflicting Flow All 418 0 - 0 985 366
Stage 1 - - - - 366 -
Stage 2 - - - - 619 -
Critical Hdwy 4.12 - - - 6.42 6.22
Critical Hdwy Stg 1 - - - - 5.42 -
Critical Hdwy Stg 2 - - - - 5.42 -
Follow-up Hdwy 2.218 - - - 3.518 3.318
Pot Cap-1 Maneuver 1141 - - - 275 679
Stage 1 - - - - 702 -
Stage 2 - - - - 537 -
Platoon blocked, % - - -
Mov Cap-1 Maneuver 1141 - - - 224 679
Mov Cap-2 Maneuver - - - - 224 -
Stage 1 - - - - 571 -
Stage 2 - - - - 537 -
Approach EB WB SB
HCM Control Delay, s 4.7 0 15
HCM LOS C
Minor Lane/Major Mvmt EBL EBT WBT WBRSBLn1SBLn2
Capacity (veh/h) 1141 - - - 224 679
HCM Lane V/C Ratio 0.186 - - - 0.195 0.355
HCM Control Delay (s) 8.9 - - - 24.9 13.2
HCM Lane LOS A - - - C B
HCM 95th %tile Q(veh) 0.7 - - - 0.7 1.6
APPENDIX D
PLANS FOR KAWAIHAU–HAUAALA–MAILIHUNA
COMPLETE STREETS IMPROVEMENTS
FOR REFERENCE ONLY
APPENDIX E
CAPACITY ANALYSIS CALCULATIONS
PROJECTED YEAR 2022 PEAK HOUR TRAFFIC
ANALYSIS WITHOUT PROJECT
HCM 2010 Roundabout
1: Hauaala Road & Kawaihau Road & Mailihuna Road 06/24/2021
St Catherine Preschool Synchro 10 Report
AM Peak Without Project Page 1
Intersection
Intersection Delay, s/veh 10.5
Intersection LOS B
Approach EB WB NB SB
Entry Lanes 1111
Conflicting Circle Lanes 1111
Adj Approach Flow, veh/h 633 237 164 45
Demand Flow Rate, veh/h 646 242 167 45
Vehicles Circulating, veh/h 118 333 622 278
Vehicles Exiting, veh/h 205 456 142 30
Follow-Up Headway, s 3.186 3.186 3.186 3.186
Ped Vol Crossing Leg, #/h 0000
Ped Cap Adj 1.000 1.000 1.000 1.000
Approach Delay, s/veh 13.2 7.9 9.7 4.8
Approach LOS BAAA
Lane Left Left Left Left
Designated Moves L LTR LTR LTR
Assumed Moves L LTR LTR LTR
RT Channelized
Lane Util 1.000 1.000 1.000 1.000
Critical Headway, s 5.193 5.193 5.193 5.193
Entry Flow, veh/h 646 242 167 45
Cap Entry Lane, veh/h 1004 810 607 856
Entry HV Adj Factor 0.980 0.980 0.982 0.988
Flow Entry, veh/h 633 237 164 44
Cap Entry, veh/h 984 794 596 846
V/C Ratio 0.643 0.299 0.275 0.053
Control Delay, s/veh 13.2 7.9 9.7 4.8
LOS BAAA
95th %tile Queue, veh 5110
HCM 2010 Roundabout
1: Hauaala Road & Kawaihau Road & Mailihuna Road 06/24/2021
St Catherine Preschool Synchro 10 Report
AM Peak Without Project Page 2
Intersection
Intersection Delay, s/veh
Intersection LOS
Approach SW
Entry Lanes 1
Conflicting Circle Lanes 1
Adj Approach Flow, veh/h 133
Demand Flow Rate, veh/h 136
Vehicles Circulating, veh/h 172
Vehicles Exiting, veh/h 403
Follow-Up Headway, s 3.186
Ped Vol Crossing Leg, #/h 0
Ped Cap Adj 1.000
Approach Delay, s/veh 5.2
Approach LOS A
Lane Left
Designated Moves R
Assumed Moves R
RT Channelized
Lane Util 1.000
Critical Headway, s 5.193
Entry Flow, veh/h 136
Cap Entry Lane, veh/h 951
Entry HV Adj Factor 0.981
Flow Entry, veh/h 133
Cap Entry, veh/h 933
V/C Ratio 0.143
Control Delay, s/veh 5.2
LOS A
95th %tile Queue, veh 0
HCM 2010 Roundabout
1: Hauaala Road & Kawaihau Road & Mailihuna Road 06/24/2021
St Catherine Preschool Synchro 10 Report
PM Peak Without Project Page 1
Intersection
Intersection Delay, s/veh 7.7
Intersection LOS A
Approach EB WB NB SB
Entry Lanes 1111
Conflicting Circle Lanes 1111
Adj Approach Flow, veh/h 322 337 83 31
Demand Flow Rate, veh/h 329 344 85 31
Vehicles Circulating, veh/h 190 218 329 474
Vehicles Exiting, veh/h 315 194 190 63
Follow-Up Headway, s 3.186 3.186 3.186 3.186
Ped Vol Crossing Leg, #/h 0000
Ped Cap Adj 1.000 1.000 1.000 1.000
Approach Delay, s/veh 7.8 8.4 5.6 5.6
Approach LOS AAAA
Lane Left Left Left Left
Designated Moves L LTR LTR LTR
Assumed Moves L LTR LTR LTR
RT Channelized
Lane Util 1.000 1.000 1.000 1.000
Critical Headway, s 5.193 5.193 5.193 5.193
Entry Flow, veh/h 329 344 85 31
Cap Entry Lane, veh/h 934 909 813 703
Entry HV Adj Factor 0.979 0.979 0.974 0.989
Flow Entry, veh/h 322 337 83 31
Cap Entry, veh/h 915 890 792 695
V/C Ratio 0.352 0.379 0.105 0.044
Control Delay, s/veh 7.8 8.4 5.6 5.6
LOS AAAA
95th %tile Queue, veh 2200
HCM 2010 Roundabout
1: Hauaala Road & Kawaihau Road & Mailihuna Road 06/24/2021
St Catherine Preschool Synchro 10 Report
PM Peak Without Project Page 2
Intersection
Intersection Delay, s/veh
Intersection LOS
Approach SW
Entry Lanes 1
Conflicting Circle Lanes 1
Adj Approach Flow, veh/h 230
Demand Flow Rate, veh/h 235
Vehicles Circulating, veh/h 302
Vehicles Exiting, veh/h 260
Follow-Up Headway, s 3.186
Ped Vol Crossing Leg, #/h 0
Ped Cap Adj 1.000
Approach Delay, s/veh 7.5
Approach LOS A
Lane Left
Designated Moves R
Assumed Moves R
RT Channelized
Lane Util 1.000
Critical Headway, s 5.193
Entry Flow, veh/h 235
Cap Entry Lane, veh/h 835
Entry HV Adj Factor 0.980
Flow Entry, veh/h 230
Cap Entry, veh/h 819
V/C Ratio 0.281
Control Delay, s/veh 7.5
LOS A
95th %tile Queue, veh 1
APPENDIX F
CAPACITY ANALYSIS CALCULATIONS
PROJECTED YEAR 2022 PEAK HOUR TRAFFIC
ANALYSIS WITH PROJECT
HCM 2010 Roundabout
1: Hauaala Road & Kawaihau Road & Mailihuna Road 06/24/2021
St Catherine Preschool Synchro 10 Report
AM Peak With Project Page 1
Intersection
Intersection Delay, s/veh 10.7
Intersection LOS B
Approach EB WB NB SB
Entry Lanes 1111
Conflicting Circle Lanes 1111
Adj Approach Flow, veh/h 643 241 167 45
Demand Flow Rate, veh/h 656 246 170 45
Vehicles Circulating, veh/h 118 340 630 289
Vehicles Exiting, veh/h 216 460 144 30
Follow-Up Headway, s 3.186 3.186 3.186 3.186
Ped Vol Crossing Leg, #/h 0000
Ped Cap Adj 1.000 1.000 1.000 1.000
Approach Delay, s/veh 13.5 8.1 9.9 4.8
Approach LOS BAAA
Lane Left Left Left Left
Designated Moves L LTR LTR LTR
Assumed Moves L LTR LTR LTR
RT Channelized
Lane Util 1.000 1.000 1.000 1.000
Critical Headway, s 5.193 5.193 5.193 5.193
Entry Flow, veh/h 656 246 170 45
Cap Entry Lane, veh/h 1004 804 602 846
Entry HV Adj Factor 0.980 0.980 0.982 0.988
Flow Entry, veh/h 643 241 167 44
Cap Entry, veh/h 984 788 591 836
V/C Ratio 0.653 0.306 0.282 0.053
Control Delay, s/veh 13.5 8.1 9.9 4.8
LOS BAAA
95th %tile Queue, veh 5110
HCM 2010 Roundabout
1: Hauaala Road & Kawaihau Road & Mailihuna Road 06/24/2021
St Catherine Preschool Synchro 10 Report
AM Peak With Project Page 2
Intersection
Intersection Delay, s/veh
Intersection LOS
Approach SW
Entry Lanes 1
Conflicting Circle Lanes 1
Adj Approach Flow, veh/h 137
Demand Flow Rate, veh/h 140
Vehicles Circulating, veh/h 179
Vehicles Exiting, veh/h 407
Follow-Up Headway, s 3.186
Ped Vol Crossing Leg, #/h 0
Ped Cap Adj 1.000
Approach Delay, s/veh 5.3
Approach LOS A
Lane Left
Designated Moves R
Assumed Moves R
RT Channelized
Lane Util 1.000
Critical Headway, s 5.193
Entry Flow, veh/h 140
Cap Entry Lane, veh/h 945
Entry HV Adj Factor 0.981
Flow Entry, veh/h 137
Cap Entry, veh/h 927
V/C Ratio 0.148
Control Delay, s/veh 5.3
LOS A
95th %tile Queue, veh 1
HCM 2010 Roundabout
1: Hauaala Road & Kawaihau Road & Mailihuna Road 06/24/2021
St Catherine Preschool Synchro 10 Report
PM Peak With Project Page 1
Intersection
Intersection Delay, s/veh 7.8
Intersection LOS A
Approach EB WB NB SB
Entry Lanes 1111
Conflicting Circle Lanes 1111
Adj Approach Flow, veh/h 333 341 85 31
Demand Flow Rate, veh/h 340 348 87 31
Vehicles Circulating, veh/h 190 225 337 485
Vehicles Exiting, veh/h 326 198 193 63
Follow-Up Headway, s 3.186 3.186 3.186 3.186
Ped Vol Crossing Leg, #/h 0000
Ped Cap Adj 1.000 1.000 1.000 1.000
Approach Delay, s/veh 8.0 8.5 5.7 5.7
Approach LOS AAAA
Lane Left Left Left Left
Designated Moves L LTR LTR LTR
Assumed Moves L LTR LTR LTR
RT Channelized
Lane Util 1.000 1.000 1.000 1.000
Critical Headway, s 5.193 5.193 5.193 5.193
Entry Flow, veh/h 340 348 87 31
Cap Entry Lane, veh/h 934 902 807 696
Entry HV Adj Factor 0.980 0.979 0.975 0.989
Flow Entry, veh/h 333 341 85 31
Cap Entry, veh/h 916 883 786 688
V/C Ratio 0.364 0.386 0.108 0.045
Control Delay, s/veh 8.0 8.5 5.7 5.7
LOS AAAA
95th %tile Queue, veh 2200
HCM 2010 Roundabout
1: Hauaala Road & Kawaihau Road & Mailihuna Road 06/24/2021
St Catherine Preschool Synchro 10 Report
PM Peak With Project Page 2
Intersection
Intersection Delay, s/veh
Intersection LOS
Approach SW
Entry Lanes 1
Conflicting Circle Lanes 1
Adj Approach Flow, veh/h 234
Demand Flow Rate, veh/h 239
Vehicles Circulating, veh/h 309
Vehicles Exiting, veh/h 264
Follow-Up Headway, s 3.186
Ped Vol Crossing Leg, #/h 0
Ped Cap Adj 1.000
Approach Delay, s/veh 7.6
Approach LOS A
Lane Left
Designated Moves R
Assumed Moves R
RT Channelized
Lane Util 1.000
Critical Headway, s 5.193
Entry Flow, veh/h 239
Cap Entry Lane, veh/h 830
Entry HV Adj Factor 0.980
Flow Entry, veh/h 234
Cap Entry, veh/h 813
V/C Ratio 0.288
Control Delay, s/veh 7.6
LOS A
95th %tile Queue, veh 1
DEPARTMENT OF PLANNING
KA'AINA HULL.DIRECTOR
JODI A.HIGUCHI SAYEGUSA.DEPUTY DIRECTOR
DEREK S.K.KAWAKAMI,MAYOR
MICHAELA.DAHILIG,MANAGING DIRECTOR
DIRECTOR/S REPORT
I.SUMMARY
Action Required by
Planning Commission:
Consideration of Class IV Zoning Permit and a Use Permit to
facilitate conversion of an existing building into a pre-school
facility containing classrooms,offices,a meeting room,and
reception area.
Permit Application Nos.Class IV Zoning Permit Z-IV-2022-6
Use Permit U-2022-6
Name ofApplicant(s)KAMEHAMEHA SCHOOLS
Rebecca Candilasa,Senior Ptanner
Wilson Okamoto Corporation
PERMIT INFORMATION
An Equal Opportunity Employer
https://kauaicounty-my.sharepoint.com/personal/dcua_kauai_gov/Documents/dcua.files/Regulatory Files/Zoning/Class IV/Z-IV-2022-6/Reports/l(eport-13.14.2022_Z-IV-2022-6_St [atherine_Preschool
Fadlity.docx
Use Permit Pursuant to Section 8-2.4 ofthe KCC,1987,as amended,a
Use Permit is required since the project site is within the
Special Treatment -Public District (ST-P).
I1 Project Development Use
Permit
11 Variance Permit
I1 Special Permit
K]Zoning Permit Class
Kliv
a iii
Pursuant to Section 8-8.4 ofthe KCC,1987,as amended,a
Class IV Zoning Permit is a procedural requirement for
obtaining a Use Permit.
I1 Special Management Area
Permit
DUse
D Minor
AMENDMENTS
Date of Receipt of Completed February 1,2022
Application:
Date of Director's Report:March 22,2022
Date of Public Hearing:APRIL 12,2022
Deadline Date for PC to Take Action May 13,2022
(60TH Day):
PROJECT DATA
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I1 Zoning Amendment
I1 General Plan Amendment
State Land Use District
Amendment
pRo^w^oifiMm^^^^^^^^^^^^^^^^^t^^^^^^^^^^^^^^^^^^
Parcel Location:The project site is located on the St.Catherine's Church/School campus,
situated atthe Kawaihau Road/Haua'ala Road intersection.
Tax Map Key(s):4-6-015:058 Area:1.09 acres (approx.)
ZONING &DEVELOPMENT STANDARDS
Zoning:Residential District (R-4)/Special Treatment-
Public Facilities (ST-P)
State Land Use District:Urban
General Plan Designation:Residential Community
Height Limit:30 feet
Max.Land Coverage:60%
Parking Requirement:1 parking stall for every 3 employees =3
1 parking stall for every 200 sf of office space =3
Total stalls required =6 (minimum)
Front Setback:N/A
Rear Setback:N/A
Side Setback:N/A
Community Plan Area:Kapa'a-Wailua Development Plan
Community Plan Land Use Designation:N/A
Deviations or Variances Requested:N/A
IV.LEGAL REQUIREMENTS
Section 8-3.1(f),KCC:This report is being transmitted to the Applicant and
Planning Commission in order to satisfy the
requirements of Section 8-3.l(f),relating to the
provision ofthe Planning Director's report and
recommendation on the subject proposal within sixty
(60)days of the filing of a completed application.The
apptication was received on February 1,2022,and the
Applicant,through its authorized agent,was notified
accordingly ofthe Planning Department's intent to
commence permit processing.
Public Hearing Date:APRIL12,2022
V.PROJECT DESCRIPTION AND USE
As represented,the Applicant is seeking permits to allow conversion of an existing
building into a pre-school facility containing classrooms,offices,a meeting room,and
reception area.The existing building is identified as the Parish Center,originally built in
1952,and was historically used as a home for nuns ("nunnery").With the departure ofthe
nuns in 2005,the nunnery was re-purposed into a Parish Center,which was utilized for
multiple purposes that served as an accessory to the religious activities associated with St.
Catherine's Church.
The Parish Center is a single-story,U-shaped building with the "open side"ofthe U-shape
facing to the south.The existing structure encompasses approximately 4,300 square feet
(SF).The proposed preschool is expected to accommodate a maximum enrollment of
forty (40)students and will be staffed by six (6)full-time employees with an additional
one or two staff members to provide support as needed.Hours of operation will be
Monday to Friday,7:00 am.to 5:00 pm.It is anticipated that the school will be closed on
weekends and holidays.
Kamehameha Schools (KS)intends to lease the structure and utilize it as a preschool
facility.KS has 20 preschools statewide that enroll over 1,600 keiki (children).Each
classroom typically consists of about 20 keiki ages three and four years old,a qualified
teacher,and a teaching assistant.Upon completion ofthe proposed Project,keiki
currently attending KS/preschool in Anahola will be relocated and the Anahola location
will be closed.The purpose ofthe Project is to provide educational facilities in alignment
with KS/mission to fulfill Bernice Pauahi Bishop's desire to create educational
opportunities in perpetuity to improve the capability and welt-being of people of
Hawaiian ancestry.
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Parking for the facilities is located on an adjacent parcel to the west identified as TMK:(4)
4-6-015:067.Primary access to the project site will be provided via the existing driveway
for St.Catherine Church off Kawaihau Road with secondary access provided via an existing
driveway off Haua'ala Road.The existing parking lot adjacent to St.Catherine Church is
accessed through a driveway off Kawaihau Road that presently serves as parking for the
preschool's pick-up and drop-offoperations.This parking lot has 33 paved parking stalls,3
ADA-accessible stalls,34 unpaved parking stalls (total of 70 stalts)and a turnaround area.
Use ofthese stalls will be formalized in the terms ofthe lease agreement.It is anticipated
that the Applicant will also have use ofthe existing grass/gravel parking area at the
Project Site for use by staff and visitors.Access to this lot is provided via the driveway off
Haua'ala Road.
(Please refer to the application for further description)
VI.APPLICANrS REASONS/JUSTIFICATION
Please refer to sections of the application.
VII.ADDITIONAL FINDINGS
1.Propertv Information/Surrounding Uses
The subject property is located at 5021 Kawaihau Road.The site has been designated
Special Treatment/Public District as the site is used as a church with a school and
accessory uses.The proposed improvements occur on approximately 0.40 acres of
land situated on the southern half ofthe subject parcel.
Other surrounding land uses in the vicinity include St.Catherine School,single-family
residences,neighborhood businesses,Kapa'a ElementarySchool,and Kapa'a High
School furtherto the east ofthe project site (referto Figure 1,Exhibit 'C ofthe
Application).
2.Project Description/Site improvements
As represented in Exhibit /D/ofthe Application,the extent ofthe improvements is
limited to the Parish Center situated on the norther portion ofthe parcel that is
immediately adjacent to the existing church.
The Applicant,Kamehameha Schools,plans to lease the existing church building for a
preschool operation.Interior and exterior improvements are being proposed to
accommodate the preschool use.As represented,the improvements invotve:
a.Proposed Exterior Improvements
1)Roof
o Replacement of existing shingle roofing with new similar materials
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o Newgutters
o New extension of the roof for the covered walkway
2)Windows
o Removal of all existing jalousie windows and reptacement with new vinyl
jatousie windows
o Conversion of window openings to doors where required
3)Doors
o Removal of all existing doors and replacement with new metal doors (front
entry and back)and new sliding doors (back).
4)NewPlayArea
o New fenced in play area with concrete pad on the south end of the building
5)New Covered Walkway
o New concrete pad and roofline extension to create a covered walkway
alongthe south wall ofthe building
6)NewSeptic System
7)Paving Existing Driveway
8)New ADA walkway on the northern side of the building
9)Other miscellaneous repairs to the building including but not limited to
spalling,framing,etc.
b.Proposed Interior Improvements
1)Reconfiguration ofthe Interior Layout
o Demolition ofthe existing dormitory style layout
o Installation of new partitions to create two classrooms,restrooms,offices,
meeting space,and a reception area
2)New Plumbing to replace the existing entirely
3)Replacement of electrical system to replace the existing entirely
4)Structural improvements to existing roofing trusses to accommodate
3.Flood Zones
The generat topography of the project site is relatively flat,containing a gentle slope
from west to east,in the direction of Haua'ala Road.The Federal Emergency
Management Agency (FEMA)Flood Insurance Map shows the project site is situated
within the flood zone identified as Zone /X\FEMA has identified those areas within
the Zone "Y!'are determined to be outside the 0.2%annual chance floodplain.
4.KaualGeneral Plan (GP)
The General Plan designation for the subject property is "NEIGHBORHOOD GENERAL."
This designation is intended for medium intensity mixed-use environments that
support the town core with housing,services,parks,civic/institutional,home
occupation,and commercial uses.Buildings in this designation are mostly detached,
with some attached,1-2 stories in height that can accommodate a range of multi-
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family housingtypes.
VIII.AGENCY COMMENTS
(See Exhibit 'A")
IX.PRELIMINARY EVALUATION
In evaluating the proposed development,the following aspects are being considered:
1.GeneralPlan
The applicable Goals and Policies,pursuant to Sections 1.3 &1.4 ofthe General Plan,
are noted asfollows:
a.SECTION 1.3 VISION AND GOALS
1)Goal#l-ASustainable Island
The proposed pre-school extends all young Keiki opportunities to satisfy
their aspirations for a better life through early education.The curriculum
will,on an elementary level,include teachings of self-reliance for food,
energy and other resources through drawings and limited gardening.
They will be taught the value of air,water,soil,and living organisms that
supports life.The Keiki themselves are a resource that the pre-school will
continue to nourish by education to sustain a population that will
contribute to a Sustainable Island.
2)Goal #2 -A Unigue and Beautiful Place
The proposed pre-school will have a curriculum that will,on an
elementary level,be taught ofthe irreplaceable qualities and features of
our island that deserve protection.
3)Goal #3 -A Healthy and Resilient People
Emphasis,on an elementary level,will made on the importance of
strengthening our community's health by growing our own food/by
creating healthy walking communities,development of affordable
housing and the preservation ofour natural areas.The importance of
preparing for the aftermath of a weather disaster will also be learned by
the students.
4)Goal #4 -An Eguitable Place with ODDOrtunitv for All
The proposed pre-school,though early education,will foster the keiki to
become responsible young adults who can contribute to our communities
towards the goal of becoming diverse and equitable.The school fulfills
the goal by providing opportunities for and access to early education.The
location of the facility in the context of a residential neighborhood will
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enhance convenience for residents in the community and improve quality
of life.
b.SECTION 1.4 POLICIES TO GUIDE GROWTH
1)Policy#l:Manage Growth to Preserve Rural Character
This policy aims to preserve Kauai's rural character by limiting the supply of
developable land to an amount adequate for future needs,prohibit
development not adjacent to towns,and ensure new development occurs
inside growth boundaries and is compact and walkable.The proposed Project
involves renovation of an existing structure for use as a preschool,which
would not require the development ofvacant land and open space.
Additionally,the Project Site is located within an established neighborhood in
Kapa'a adjacent to residences and other compatible uses.
2)Policy#4:Design Health and Complete Neighborhoods
The Project Site is located within an established neighborhood in Kapa'a
adjacent to residences and other compatible uses.Location ofthe facility in
the context ofa residentiat neighborhood will enhance convenience for
residents in the community and improve quality of life.In addition,the
County of Kaua'i Department of Pubtic Works (DPW)is proposing several
Complete Streets and Safe Routes to School improvements in the vicinity.
Design ofthe project will provide appropriate connection to these facilities as
appropriate and as coordinated through consultation with DPW.
3)Policv#17:Nurture OurKeiki
The This policy aims to value youth as Kauai's most treasured resource.It
also aims to provide youth with safe communities,great schools and
facilities,and financially sustainable jobs,housing,and transportation
opportunities so they are able to seek livelihoods on Kaua'i.The proposed
Project involves renovation of an existing structure for use as a preschool
that will provide early education opportunities for keiki between the ages of
3-4.It can be reasonably expected that with education these children will go
on to make meaningful contributions to society later in life.
4)Policy#19:Communicate with Aloha
This policy notes that Kauai's residents care about planning and decision-
making.Therefore,the government must share information,encourage
input,improve pubtic processes,and be responsive.The scheduling ofthis
Application before the Planning Commission will allow the public to
participate in the planning and decision-making process for the proposed
Project.
c.SECTION 3.0 ACTIONS BY SECTOR
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1)Sector I.-Economy.Strengthening Existing Town Centers and Mixed-Use
Environments.Through a directed growth policy,ourtown centers can
support a mix of uses that appeals to our millennial and baby boomer
population.
2)Sector X.-ODportunity &Health for Atl.A positive educational experience
encourages children to become lifelong learners who contribute to their
communities and world.
2.Use Permit
a.Pursuant to Article 3 of the Comprehensive Zoning Ordinance (CZO),Chapter 8 of
the Kauai county Code (1987),the purpose ofthe Use Permit Procedure is to
assure the proper integration into the community of uses which may be suitable
only in specific locations of a district,or only under certain conditions,or only if
the uses are designed,arranged or conducted in a particular manner,and to
prohibit the uses if proper integration cannot be assured.Section 8-3.2 of the
CZP specifies a Use Permit may be granted only ifthe Planning Commission finds
that the use meets the following criteria:
1)The use must be a compatible use;
2)The use must not be detrimental to persons or property in the area;
3)The use must not cause substantial environmental consequences;and
4)The use must not be inconsistent with the intent ofthe Comprehensive
Zoning Ordinance (CZO)and General Plan.
b.Based on the foregoing,the following aspects are taken into consideration:
1)As noted in the Application,the Project Site is in a residential
neighborhood in the vicinity of several other schools and neighborhood
businesses.The proposed use ofthe Project Site as a preschool will satisfy
an essential community need by providing educational programs and
activities that support the growth and development of children in the
region.It can be reasonably expected that with education these children
will go on to make meaningful contributions to society later in life.The
placement ofschools within residential neighborhoods and/or in a
centralized location further enhances convenience for residents and allows
residents to take advantage of available educationat opportunities,as
evidenced by the location of other schools in the area such as St.Catherine
School (Grades K to 5),Kapa'a Elementary School (Grades K to 6),and
Kapa'a High School (Grades 9 to 12).For the reasons mentioned,the
proposed use is compatible with the uses in its immediate surroundings
and would not be detrimental to the health,safety,peace,morals,
comfort,and the general welfare of persons residing and working in the
neighborhood.
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2)Operation ofthe preschool will be within normal working hours.The
proposed Project improvements will be in conformance with the
development standards applicable to the R-4/ST-P District in the County's
CZO and as conditioned bythe Planning Commission with approval ofthe
subject Use Permit.Construction and operation ofthe Project is not
anticipated to be detrimental or injurious to property and improvements in
the neighborhood or to the general welfare of the community.
3)Construction ofthe proposed project will not result in any substantial
harmful environmental consequences.Project improvements are the
minimum necessary to convert the use of the existing structure to a
preschool and to ensure the structure is compliant with all prevailing
building code requirements and safety regulations.Mitigative
measures—suchas standard best management practices (BMPs)for
construction and adherence to applicable federal,State,and County
rules and regulations—willbe incorporated into the design to ensure
there will be no substantial harmful environmental consequences on
the land or on other lands or waters.Following construction,the
proposed use is not anticipated to result in any significant
environmental consequences beyond what would have previously
existed under the former use of the Project Site as a nunnery.
4)The proposed Project will be designed and developed in conformance with
the development standards applicabte to the R-4/ST-P District as
established in the CZO and as conditioned by the Planning Commission
with approval ofthe subject Use Permit.The proposed use is an allowable
use with issuance of a Use Permit,which is the subject ofthis permit
application.Discussion ofthe project's consistency with the General Plan is
discussed in the preceding section.
3.Comprehensive Zoning Ordinance (Chapter 8 ofthe KCC)
The project is consistent with the development standards contained in the CZO in
that:
a.The number of parking spaces as proposed exceeds the minimum required by
the CZO.As noted in the Application,there are a total of 70 off-street parking
stalls (paved &unpaved)available.Based on the parking standards prescribed by
the CZO,a total of 6 stalls is required.There are many parking stalls that are
underutilized and as such,it is anticipated that there will be no issues attributed
to parking.However,should parking become an issue,the Planning Director can
require additional parking pursuant Section 8-6.3(e)(3)(E).The Planning Director
reserves the right to review this requirement if complaints arise from the
neighboring property owners.
b.The project as proposed could be considered to be a compatible use and not
detrimental to the health,safety,peace,morals,comfort and general welfare of
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c.
persons residing or working in the area.Additionally,the use should not cause
substantial environmental consequences.
The project as proposed meets the lot coverage,building height and setback
requirements as outlined in the CZO.
Finally,it is uncertain as to whether the Applicant has made provisions for night
illumination with the project,based on the preliminary plans that have been
submitted.Ifso,night illumination should be designed to minimize adverse impacts
on the Federally Listed Threatened Species,Newell's Shearwater and other seabirds.
Night lighting should be shielded from above and directed downwards and shall be
approved bythe U.S.Dept.ofthe Interior Fish and Wildlife Service.Ifexternal lighting
is to be used in connection with the proposed project,all external lighting should be
only of the following type:downward-facing shielded lights.Spotlights aimed upward
or spotlighting of structures is prohibited.
4.Traditional Native Hawaiian Cultural Resources
After the Applicant consutted with a known cultural practitioner and kumu of various
Hawaiian arts and evaluating historical information that was available to the
department,the department finds that the proposed Project involving the renovation
of an existing development should have no impact on any known Hawaiian traditional
or customary practices for the following reasons:
o There are no known traditional or customary practices of native Hawaiians that are
presentty occurring within the Project Site.
o There are no special gathering practices taking place within any portion ofthe
Project Site.
o The Project will not detrimentally affect access to any streams;access to the
shoreline or other adjacent shoreline areas;or gathering along any streams,the
shoreline or in the ocean.
o There are no known religious practices taking place within the Project Site.
o There are no known pre-contact cultural or historic sites or resources located
within the Project Site.
o There are no known burials within the Petition Area.
Agency Comments -The Applicant should resolve and comply with allagency
requirements as recommended in the permit application review,including but not
limited to the fire code requirements as imposed by the County Fire Department,
drainage requirements for DPW-Engineering Division,wastewater requirements for
the State Department of Health (DOH),and the archaeological/historical
requirements ofthe State Historic Preservation Division (SHPD).
10 1 P age
Z-IV-2022-6,U-202-6;Director's Report
Kamehameha Schools
03.14.2022
X.PRELIMINARY CONCLUSION
Based on the information contained in the Staff Report Findings and Evaluation,the
Planning Department concludes that the proposed development should not have any
detrimental impact to the environment or the surrounding area.The proposed use should
not be detrimental to persons,property,or the environment in the surrounding area.
The proposal is generally in compliance with the criteria outlined for the granting of a Use
Permit and Class IV Zoning Permit.Additionally,the proposal aligns with the goals and
policies outlined in the General Plan,as well as the development standards prescribed by
the Comprehensive Zoning Ordinance.
The Applicant should institute the //Best Management Practices"to ensure that the
operation ofthis facility does not generate impacts that may affect the health,safety,and
welfare ofthose in the surrounding area ofthe proposal.
XI.PRELMINARY RECOMMENDATION
Based on the foregoing evaluation and conclusion it is hereby recommended that subject
request to facilitate conversion of an existing building into a pre-school facility and
associated site improvements through Class IV Zoning Permit Z-IV-2022-6 and Use Permit
U-2022-6 be approved subject to the following conditions:
1.The proposed facility shall be constructed as represented.Any changes to said
structures and/or facilities shatl be reviewed by the Planning Department to
determine whether Planning Commission review and approval is warranted.
2.The Planning Director reserves the right to increase parking requirements when
particular uses cause unusual traffic congestion.
3.In order to minimize adverse impacts on the Federally Listed Threatened Species,
Newell's Shearwater and other seabirds,all external lighting shall be only ofthe
following types:downward-facing shielded lights.Any spotlights aimed upward or
spotlighting of structures,landscaping,or the ocean shall be prohibited.
4.The applicant shall develop and utilize Best Management Practices (B.M.P's)during all
phases ofdevelopment in orderto minimize erosion,dust,and sedimentation impacts
ofthe project to abutting properties.
5.The applicant is advised the should any archaeological or historical resources be
discovered during ground disturbing/construction work,all work in the area ofthe
archaeological/historical findings shall immediately cease and the Applicant shall
contact the State Department of Land and Natural Resources,Historic Preservation
Division and the Planning Department to determine mitigation measures.
11 |P ag e
Z-IV-2022-6,U-202-6;Director's Report
Kamehameha Schools
03.14.2022
6.The Applicant shall comply with the fire code requirements as imposed by the County
Fire Department,drainage/flood requirements for DPW-Engineering Division,
wastewater requirements forthe State Department of Health (DOH),traffic related
analysis &requirements for the County DPW &State Highways Division,and the
archaeological/historical requirements ofthe State Historic Preservation Division
(SHPD).
7.Prior to operation/occupancy ofthe proposed facility,written confirmation of
compliance with the requirements from all reviewing agencies shall be provided to the
Planning Department.
8.The applicant shall implement to the extent possible sustainable building techniques
and operational methods for the project,such as Leadership in Energy and
Environmental Design (L.E.E.D.)standards or another comparable state-approved,
nationally recognized,and consensus-based guideline,standard,or system,and
strategies,which may include but is not limited to recycling,natural lighting,extensive
landscaping,solar panels,low-energy fixtures,low-energy lighting and other similar
methods and techniques.All such proposals shall be reflected on the plans submitted
for building permit review.
9.The Applicant is advised that prior to construction and/or use,additional government
agency conditions may be imposed.It shall be the Appticanfs responsibility to resolve
those conditions with the respective agency(ies).
10.The Planning Commission reserves the right to revise,add,or delete conditions of
approval in order to address or mitigate unforeseen impacts the project may,create,
or to revoke the permits through the proper procedures should conditions of approval
not be complied with or be violated.
The Planning Commission is further advised that this report does not represent the
Planning Department's final recommendation in view ofthe forthcoming public hearing
process scheduled for APRIL 12,2022 whereby the entire record should be considered
priorto decision-making.The entire record should include but not be limited to:
a.Pending government agency comments;
b.Testimony from the general public and interested others;and
c.The Applicanfs response to staffs report and recommendation as provided
herein.
DALEA.CU4,Planner
12 1 P age
Z-IV-2022-6,U-202-6;Director's Report
Kamehameha Schools
03.14.2022
Approved &Recommended to Commission:
KA'AINAS.H<JLL
Director of Planning
Date:^
»^/Z<^A
13 l P age
Z-IV-2022-6,U-202-6;Director's Report
KamehamehaSchools
03.14.2022
//A //EXHIBIT"A
(Agency Comments)
For reference
DAVID Y.IGE
GOVERNOR OF
HAWAI1
^^^^^
•^•a^ofH^i3
STATE OF HAWAII
DEPARTMENT OF LAND AND NATURAL RESOURCES
STATE HISTORIC PRESERVATION DIVISION
KAKUHIHEWA BUILDING
601 KAMOKILA BLVD.,STE 555
KAPOLEI,HI 96707
SUZANNE U.CASE
CIIAIRPERSON
BOARD OF LANR AND NATURAL RESOURCKS
COMMISSION ON WATER RKSOURCE MANAORMENT
ROBERT K.MASUDA
FIRST DHPUTl'
M.KALEO MANUEL
DEI'UTl'DIRECTOR -WATER
AOUATIC RESOURCES
BOATINO AND OCEAN RECRliATION
BUREAU OF CONVEYANCES
COMM1SSION ON WATER RESOURCE MANAGEMKNT
CONSERVATION AND COASTAL LANDS
CONSERVATION AND RHSOURCES ENFORCKMENT
RNOINEKRINO
FORESTR'.'AND WII-UI.IFE
IIISTOMC PRESKRVATION
KAIIOOI.AWK IS1-AND RKSERVK COMMISSION
1.AND
STATK PARKS
January 7,2022
Ka'aina S.Hull,Director
CountyofKaua'i
Planning Department
4444 Rice Street,Suite A473
LThu'e,Hawai'i 96766
khull(%kauai.gov
Dear Mr.Hull:
W REPLY REFER TO:
Project No.2021PRO 1071
Doc.No.2111 DB06
Archaeology,Architecture
SUBJECT:HRS Chapter 6E-42 Historic Preservation Review -
St.Catherine's Catholic Church Preschool Improvements Project
County ofKaua'i Class IV Zoning Permit Application Z-IV-2022;Use Permit U-2022-1
Applicant:Kamehameha Schools
Kapa'a Ahupua'a,Puna District,Island ofKaua'i
TMK:(4)4-6-015:058
This letter provides the State Historic Preservation Division's (SHPD's)§6E-42,HRS,review of the County of
Kaua'i Class IV Zoning Permit Application Z-IV-2022 and Use Pemiit U-2022-1 for the St.Catherine's Catholic
Church Preschool Improvements Project at 5021A Kawaihau Road,Kapa'a.The project area comprises a 0.40-acre
portion ofthe 1.09-acre property.
The SHPD received the initial submittal on August 31,2021 which included a permit application packet prepared by
Wilson Okamoto Corporation on behalf of the applicant,a SHPD HRS 6E Submittal Form,a TMK Map,an aerial
site photograph,and associated project construction plans (Submission No.2021PR01071.001).The permit
application packet also included multiple exhibits.SHPD received additional materials via HICRIS on October 26,
2021 which included a revised permit application and an applicant cover letter dated October 25,2021 (Submission
No.2021PRO 1071.002).
The project will consist ofproposed interior and exterior renovations to the existing Parish Center at St.Catherine's
Catholic Church in Kapa'a,which was constructed in 1952 and was later converted for use as a preschool.The
Parish Center is a single-story,U-shaped building with the open side of the U-shape oriented to the south.The
existing stmcture encompasses approximately 4,300 sq.ft.Landscaping and a grass/gravel parking area with a
driveway providing ingress and egress from Hauaala Road make up the remainder ofthe project site.There are also
proposed modifications to the overall grounds of the property which should involve shallow/minimal ground
disturbance,including creating a new covered walkway,an ADA compliant walkway,and paving the parking lot
area.
The proposed interior improvements include reconfiguring the interior layout to accommodate two classrooms,
toilets,offices,a meeting space,and a reception area.The existing kitchen space will remain,but the existing
interior fmishes,casework,and fixtures are proposed to be replaced.All existing electrical systems will be replaced
with code compliant systems including updated electrical infrastructure,LED lighting,and a new fire alarm system.
New plumbing systems will also be provided throughout the building.
Proposed improvements to the exterior ofthe building include installing a new roof,new windows,and new doors to
replace the existing components.A new covered walkway will be constructed along the south wall of the existing
r
Di
y^-
RECEIVED
FEB -8 2022
CountyofKauai
^OfKaUa';COUNTY OF KAUA'I TnmsportationAgency
^IN60 T_,,PLANNING DEPARTMENT""4444 RICE STREET,SUITE A473 LIHU'E,HAWAI'I 96766
(808)241-4050
~£t.WR-3 flj:4y
FROM:Kaaina S.Hull,Director (Dale)Febmary 7,2022
SRlg^qT:Class IV Zoning Permit Z-IV-2022-6,Use Permit U-2022-6,School
Tax Map Key:(4)4-6-015:058,Kamehameha Schools,Applicant
TO:
a Department of Transportation -STP DPW-Engineering
DOT-Highway,Kauai(info only)DPW-Wastewater
DOT-Airports,Kauai (info only)D DPW-Building
D DOT-Harbors,Kauai (info only)a DPW-SolidWaste
State Department of Health D Department of Parks &Recreation
D State Department of Agriculture Fire-Department
D State Office of Planning County Housing-Agency
a State Dept.ofBus.&Econ.Dev.Tourism D County Economic Development
State Land Use Commission D KHPRC
State Historic Preservation Division Water Department
D DLNR-Land Management D Kaua'i Civil Defense
a DLNR-Foresty &Wildlife D U.S.Postal Department
D DLNR-Aquatic Resources UH Sea Grant
D DLNR-OCCL County Transportation Agency
D Other:
FOR YOUR COMMENTS (pertaining to your department):
GT^t\^>1^0 ^j(^K^P-CP^AtA£^^.OtJ
'W^<?^SB<^-"W<^^J.-
"^<-3^*'Zo'z'^-
This matter is scheduled for a public hearing before the County of Kauai Planning Commission on
4/12/2022 at the Lihue Civic Center,Moikeha Building,Meeting Room 2A-2B,4444 Rice Street,
Lihue,Kauai,at 9:00 am or soon thereafter.If we do not receive your agency comments within one (1)
month from the date of this request,we will assume that there are no objections to this permit request.
Mahalo!
Ka'aina S.Hull
Director ofPlanning
Jodi A.Higuchi Sayegusa
Deputy Director ofPlanning
COUNTY OF KAUA'I
PLANNING DEPARTMENT
DIRECTOR'S REPORT
I.SUMMARY
Action Required by
Planning Commission:
Consideration of Class IV Zoning Pennit and Use Pemiit to allow
the construction of a new single-family residential unit and
associated site improvements (utilities).
Permit Application Nos.Class IV Zoning Pemiit Z-IV-2022-7
Use Permit U-2022-7
Name of Applicant(s)KEOPELE V.&ASHLEY H.MCBRIDE
II.PERMIT INFORMATION
Use Permit Pursuant to Article 11,Section 8-11.3 ofthe KCC,1987 as
amended,a Use Permit is required to allow any
development,structures or uses within the Special
Treatment District (ST).
Project Development Use
Permit
1I Variance Pennit
Special Permit
Zoning Permit Class
Kliv
m
Pursuant to Section 8-3.1 ofthe KCC,1987,as amended,a
Class IV Zoning Permit is a procedural requirement in
applying for a Use Permit.
Special Management Area
Permit
QUse
|_|Minor
AMENDMENTS
I1 Zoning Amendment
I1 General Plan Amendment
Q State Land Use District
Amendment
WD22 Ntder RldkFtgiiaKri^ring ftmit^a,B MZ-IV.ZE-Al^at^pCBiUtixrt-l tt4.IZ2(I22_Z-nA2(E2-7_U.2022-7J4a|]eleV Stehley H MSidedacx
III.PROJECTDATA
IV.LEGAL REQUIREMENTS
Section 8-3.1(f),KCC:This report is being transmitted to the Applicant and
Planning Commission in order to satisfy the
requirements ofSection 8-3.l(f),relating to the
provision ofthe Planning Director's report and
Z-1V-2022-7,U-2022-7;Director's Report
Keopele &Ashley McBride
April 12,2022
2[Page
Date ofReceipt ofCompIeted
Application:Febmary 9,2022
Date of Director's Report:Marchl5,2022
Date of Public Hearing:APRIL 12,2022
Deadline Date for PC to Take Action
(60 Day):May 21,2022
3M:a®BWBilMMaBiSlBBlMMBMEUffliffii SK^^
Parcel Location:The project site is located on Lot 21-A-l ofthe Kilauea Subdivision
situated at the southem terminus ofAalona Street in a cul-de-sac,situated
300 feet south ofits intersection with Lokela Street and approximately
200 yards from Kuhio Highway.The subject property's rear property line
is adjacent to the Kflauea Elementary School parcel.
Tax Map Key(s):(4)5-2-006:014 Area:16,187sq.ft.
ZONING &DEVELOPMENT STANDARDS
Zoning:Residential District R-6 /Open (0)District /
Special Treatment-Public (ST-P)District
State Land Use District:Urban
General Plan Designation:Residential Community
Height Limit:Twenty-Five (25)feet OR as Authorized by the
Planning Commission
Max.Land Coverage:Residential District =60%
OpenDistrict=10%
Front Setback:lO'-O"
Rear Setback:5'or %the wall plate height whichever is greater
Side Setback:5 or %the wall plate height whichever is greater
Community Plan Area:North Shore Development Plan (NSDP)
Community Plan Land Use
Designation:N/A
Deviations or Variances Requested:N/A
recommendation on the subject proposal within sixty
(60)days ofthe filing ofa completed application.
The application was received on February 9,2022
and the Applicant,through its authorized agent,was
notified accordingly ofthe Planning Department's
mtent to commence permit processing.
PubIicHearmgDatelAPRIL 12,2022
V.PROJECT DESCMPTION AND USE
The applicant is proposing to construct a 560 square foot (SF)single-story dwelling
unit that involves one (1)bedroom,one (1)bath,a living area,a dining area,a kitehen,
and two (2)concrete landings.The overall lot coverage ofthe single-family dwelling
unit and two concrete landings will be 608 SF.
The project site is located within the KTlauea Subdivision and identified as Tax Map
Key:(4)5-2-006:014 consisting ofapproximately 16,187 SF.The property has a
County zoning designation ofResidential District (R-6),Open (0)District and Special
Treatment -Public Disto'ict.There is an existing three (3)bedroom single-family
dwelling unit and attached garage located on the front portion ofthe property that was
constructed in 1972.The proposed 560 SF single-family residential unit will be the
second dwelling on the property (aka.Additional Dwelling Unit)that will be located on
the rear ofthe property.
VI.APPLICANT'S REASONS/JUSTIFICATION
Pursuant to Article 11,Section 8-11.3 ofthe KCC,1987 as amended,a Use Permit is
required to allow any development,structures or uses within the Special Treatment
District (ST).
The proposed development is located within the portion ofthe subject property that is
County zoned Open/Special Treatment -Public District.As such,to allow for the
construction ofa new single-family dwelling unit within the Special Treatment District,
the Applicant has applied for a Use Pennit.
VII.AGENCY COMMENTS
Comments from applicable govemment agencies are being sought and are expected at
time ofthe public hearing scheduled on APRIL 12,2022.At the present time,the
department has only received comments from the Fire Department (attached as Exhibit'A')and has not received comments from other reviewing agencies that includes the
COK Public Works -Engineering Division (DPW),COK Water (DOW),the State
Z-IV-2022-7,U-2022-7,Director's Rcport
Keopele &Ashley McBride
April 12,2022
3|Page
Department of Health (DOH)and the State Historic Preservation Division.However,
comments are being anticipated and will be presented at the public hearing.
VIII.FINDINGS
1.The subject property (Lot21-A-l)was part of Subdivision Application No.S-2020-
10 that received final subdivision map approval on December 8,2020.The
subdivision involved a four (4)lot consolidation and resubdivision into three (3)
lots;the subdivision action consolidated a parcel previously identified as Lot 21-A
that is County zoned Open/Special Treatment -Public District with three (3)
adjacent residential lots within the KTlauea Subdivision that are within the
Residential (R-6)zoning district.As a result,the total lot area ofthe subject parcel
increased in size from 10,053 SF to 16,187 SF and became split zoned containing
Residential District (R-6)and Open /Special Treatment -Public District.
2.Chapter l(^Article2.NorthShore DeveloEment Plan oftheKCC
A.The property is situated within the North Shore Planning area and is subject to
the applicable regulations ofthe North Shore Development Plan (NSDP)that
includes the following:
1)Section 10-2.4 (e)entitled "Special Regulations Applicable to All Districts"
states:
"(l)Heights.Except as provided under Ordinance No.416 (Flood Hazard
Areas)Section 15-1.5(c)(4),heightlimits shall beas establishedinthe
Comprehensive Zoning Ordinance;provided,however,that no stmcture shall
be bigher than twenty-five (25)feet unless a greater height is authorized by
the Planning Commission pursuant to a use pennit after review (and
recommendation)by the North Shore Improvement Advisory Committee."
•As represented,the overall height ofthe proposed dwelling unit is 15'2-
7/8".
•The proposed development is located within Zone 'X'ofthe Federal
Emergency Management Agency (FEMA)Flood Insurance Rate Map.
FEMA has identified those areas within the Zone "X"to be outside ofthe
0.2%annual chance floodplain.This area is outside ofa Tsunami
Evacuation Zone and Dam Evacuation Zone.
3.CZO Development Standards
A.The proposed development is subject to £he standards prescribed in Sections 8-
2.4,8-4.3,8-4.5 and 8-9.2 ofthe CZO.The following standards are considered:
Z-IV-2022-7,U-2022-7;Director's Report
Keopele &Ashley McBride
April 12,2022
4|Page
1)Section 8-2.4 entitled "Uses in Districts"specifies that "single-family
detached dwellings"are a permissible use within the Open (0)Zoning
District,pursuant to Section 8-2.4(s)(9)ofthe CZO.
2)Section 8-4.3(b)entitled "Setback requirements"specifies:
a.Front setback:Stmcture should be setback a minimum often (10)feet.
b.Side setback:No structure shall be closer than five (5)feet or one-half
(1/2)the total plate height whichever is greater.
c.Rear setback:No structure shall be closer than five (5)feet or one-half
(1/2)the total plate height whichever is greater.
•As represented,the proposed dwelling unit has an overall height of 15'
2-7/8".The dwelling unit has a front setback often (10)feet,a rear
setback of 10 feet and a side setback oftwenty-five (25)feet to the East
property line.
3)Section 8-4.5 entitled "Standards of Development Applicable to All
Residential Development"specifies:
a.Parking Requirements:A minimum oftwo (2)off-street parking spaces
per dwelling unit shall be provided.
•The Applicant has represented that the subject property has a total of
four (4)off-street parking stalls;two stalls for the existing dwelling unit
and two stalls for the proposed dwelling unit.
4)Section 8-9.2 entitled Open District Development Standards"specifies:
"(l)The amount ofland coverage created,including buildings and
pavement,shall not exceed ten percent (10%)ofthe lot or parcel area."
*As represented,the total square footage ofthe Open District portion of
the subject property is 6,134 square feet.As such,the total allowable lot
coverage for the Open District portion is approximately 613.4 square
feet.As proposed,the lot coverage for the development that includes the
dwelling unit and concrete landings will be approximately 608 square
feet.
Z-IV-2022-7,U-2022-7;Director's Rcport
Keopele &Ashley McBride
April 12,2022
5|Page
5)Section 8-15.2 entitled "Additional Dwelling Unit in Residentially Zoned
Lots"states:
"(a)Notwithstanding other provisions to the contrary,for any residentially
zoned lot where only one single family residential dwelling is permitted,one
(1)additional single family residential dwelling unit (attached or detached)
may be developed,provided:
(1)All applicable County requirements,not inconsistent with Sec.46-4(c),
Hawai i Revised Statutes and the County's zoning provisions applicable to
residential use are met,including,but not limited to,building height,
setback,maximum lot coverage,parking,and floor area requirements."
4.Chapter 8,Article 11.Special Treatment Districts ofthe KCC
A.Section 8-11.1 entitled "Purpose"species:
"The Special Treatment District specifies the additional performance required
when critical or valuable social or aesthetic characteristics ofthe environment or
community exist in the same area as a parcel where particular functions or uses
may be developed."
B.Section 8-11.3 entitled "Generally Permitted Uses,Structures and Development"
states:
"All uses,stmctures,or development shall require a Use Permit,except repairs
or modifications ofland and existing structures that do not substantially change
the exterior form or appearance ofthree (3)dimensional stmctures or land;
provided that no uses,sto-uctures,or development shall be allowed in Special
Treatment-Open Space Districts without express provision to the contrary..."
C.Section 8-11.4 entitled "Uses,Stmctures and Development Requiring a Use
Permit"specifies:
(a)Any use,stmcture or development permitted with or without a Use
Pennit in the underlying Use District in which the parcel or lot is located
that is consistent with an approved plan for development in accordance
withSec.8-11.5."
5.The subject property is NOT located within the Visitor Designation Area (VDA).
6.The State Land Use District (SLUD)designation is "URBAN"and the project is
consistent with improvements typically situated with the urban designation,
pursuant to Chapter 205 ofthe Hawai'i Revised Statutes (HRS).
Z-IV-2022-7,U-2022-7;Directol's Report
Keopele &AsUey MoBride
April 12,2022
6|Pa ge
7.Use Permit
Pursuant to Article 3 ofthe Comprehensive Zoning Ordinance (CZO),Chapter 8 of
the Kauai county Code (1987),the purpose ofthe Use Permit Procedure is to assure
the proper integration into the community ofuses which may be suitable only in
specific locations ofa district,or only under certain conditions,or only ifthe uses
are designed,arranged or conducted in a particular manner,and to prohibit the uses
ifproper integration cannot be assured.Section 8-3.2 ofthe CZO specifies a Use
Permit may be granted only ifthe Planning Commission fmds that the use meets the
following criteria:
1)The use must be a compatible use;
2)The use must not be detrimental to persons or property in the area;
3)The use must not cause substantial environmental consequences;and
4)The use must not be inconsistent with the intent ofthe Comprehensive
Zoning Ordinance (CZO)and General Plan.
IX.PRELIMINARY EVALUATION
In evaluating the Applicant's request to allow the construction ofthe proposed
residence,the following shall be being considered:
1.General Plan
The proposed development satisfies the following policies ofthe General PIan,as
taken from Section 1.3 and 1.4:
A.1.3,entitled "VISIONS AND GOALS"
1)Goal #1 "Sustainable Island"-The proposed constmction ofa single-
family residence in an existing residential neighborhood is an example of
responsible growth that will meet future housing needs while using
resources in a sustainable manner.
2)Goal #2 "Unique and Beautiful Place"-The single-story and modest
design ofthe structure will ensure that the existing scenic views and
character ofKilauea town will continue to be a unique and beautiful place.
3)Goal #3 "A Healthy and Resilient People"-The proposed residence will
contribute towards equitable communities by providing a housing unit in
Kilauea that is within walking distance to the school,to jobs,and to other
services in the area.
Z-IV-2022-7,U-2022-7;Director's Report
Keopele &Ashley McBride
April 12,2022
7|Page
4)Goal #4 "An Equitable Place,with Opportunity for All"-The proposed
residence will promote a healthy and resilient community by being located
in Kilauea Town and in walking distance to the school and nearby services.
B.Section 1.4,entitled "POLICIES TO GUIDE GROWTH"
1)Policy #1 "Manage Growth to Preserve Rural Character"-The
proposed residence is considered infill development and will accommodate
future growth within the existing residential neighborhood.By
concentrating growth within the neighborhood,it will reduce the need to
develop new areas outside ofthe town and will thereby preserve the rural
character.
2)Poliey #2 "Provide Local Housing"-The proposed residence will
contribute towards the local housing supply.
3)Policy #4 "Design Healthy and Complete Neighborhoods"-The
proposed application will promote a healthy and complete neighborhood by
ensuring that residential housing is located in proximity to schools,jobs,
and other services.
4)Policy#6 "Reduce the Cost of Living"-By directing the proposed
development within the town,the proposed application will reduce the cost
ofliving by being located within walking distance to schoolsjobs,and
other services.
5)Policy#8 "Protect Kaua'i's Scenic Beauty"-The single-story structure
design will protect Kauai's scenic beauty by not obstructing or detracting
from scenic views and natural landscapes in the surrounding area.
6)Policy#17 "Nurture our Keiki"-The proposed residence will nurture
keiki by contributing towards a safe and walkable community with access
to schools,parks,stores,and housing.
7)Policy#18 "Honor our Kupuna"-The proposed residence will honor our
kupuna by directing growth within the town core with safe and walkable
access to services and other nearby amenities
2.Use Permit
Pursuant to Article 3 ofthe Comprehensive Zoning Ordinance (CZO),Chapter 8 of
the Kauai county Code (1987),the purpose ofthe Use Permit Procedure is to assure
the proper integration into the community ofuses which may be suitable only in
specific locations ofa district,or only under certain conditions,or only ifthe uses
8|Page
Z-IV-2022-7,U-2022-7;Director's Report
Keopele &Ashley McBride
April 12,2022
are designed,arranged or conducted in a particular manner,and to prohibit the uses
ifproper integration cannot be assured.Section 8-3.2 ofthe CZO specifies a Use
Permit may be granted only ifthe Planning Commission fmds that the use meets the
following criteria:
1)The use must be a compatible use;
2)The use must not be detrimental to persons or property in the area;
3)The use must not cause substantial enviromnental consequences;and
4)The use must not be inconsistent with the intent ofthe Comprehensive
Zoning Ordinance (CZO)and General Plan.
A.Based on the foregoing,the following aspects are considered:
1)Compatible Use -As previously noted,single-family detached dwellings
are a permissible use within the Open (0)zoning district.The proposed
development is compatible with the surrounding uses and will have no
significant impact on the surrounding environment as the project site is
located within a residential subdivision and the subject property is
surrounded by similar parcels that are located within the State Land Use
Urban District,and the County R-4,R-6,and Open zoning districts.
3.North Shore Development Plan Standards
The proposed development does not exceed the maximum allowable height limit of
twenty-five feet as specified in Section 10-2.4 ofthe North Shore Development
Plan and is consistent with its policies.
4.CZO Development Standards
As proposed,the project complies with the setback,lot coverage and off-street
parking requirements for development within the Open/Special Treatment -Public
(0/ST-P)zoning district as specified in Sections 8-2.4,8-4.3,8-4.5 and 8-9.2 ofthe
Comprehensive Zoning Ordinance (CZO).
Based on the existing zoning and size ofthe parcel,the proposed residential
structure will be considered an Additional Dwelling Unit (ADU),pursuant to
Section 8-15 ofthe CZO.Prior to building permit approval,the Applicant should
complete and execute an ADU Clearance Fomi per Section 8-15.2(a).
5.Native Hawaiian Traditional and Cultural Rights
The subject property has been developed and in residential use since 1972.The
applicant has interviewed kupuna who are familiar with the area and is unaware of
any current traditional and customary practices on the subject property.Based on
the Applicant's consultation with kupuna and evaluating historical information that
was available to the department,the department finds that the proposed Project
involving a developed parcel should have no impact on any known Hawaiian
traditional or customary practices for the following reasons:
Z-IV-2022-7,U-2022-7;Director's Report
Keopele &Ashley McBride
April 12,2022
91 Page
o There are no known traditional or customary practices of native Hawaiians that
are presently occurring within the Project Site.
o There are no special gathering practices taking place within any portion ofthe
Project Site.
o The Project will not detrimentally affect access to any streams;access to the
shoreline or other adjacent shoreline areas;or gathering along any streams,the
shoreline or in the ocean.
o There are no known religious practices taking place within the Project Site.
o There are no known pre-contact cultural or historic sites or resources located
within the Project Site.
o There are no known burials within the Petidon Area.
X.PRELIMINARY CONCLUSION
Based on the information contained in the Director's Report Findings and Evaluation,
the Planning Department concludes the following:
1.The project will not have significant adverse impacts to the environment or
the surrounding area.The proposal is generally in compliance with the criteria
outlined for the granting of a Use Permit and Class IV Zoning Permit;
2.The proposed development should not be detrimental to persons,property,or
the environment in the surrounding area;and
3.The development is consistent with the objectives/goals/policies ofthe County
General Plan and Comprehensive Zoning Ordinance.
The Applicant should institute the "Best Management Practices"to ensure that the
operation ofthis facility does not generate impacts that may affect the health,safety,
and welfare ofthose in the surrounding area ofthe proposal.
The Applicant shall implement to the extent possible sustainable building techniques
and operational methods for the project.
XI.PRELMINARY RECOMMENDATION
Based on the foregoing evaluation and conclusion,it is hereby recommended Class IV
Zoning Pennit Z-IV-2022-7 and Use Permit U-2022-7,be APPROVED subject to the
following conditions:
1.The project shall be constmcted as represented.Any changes to the operation
and/or the respective stmctures shall be reviewed by the Planning Director to
determine whether Planning Commission review and approval is warranted.
Z-IV-2022-7,U-2022-7;Director's Report
Keopele &Ashley McBride
April 12,2022
io|P ag e
2.The proposed dwelling unit shall not be utilized for any transient
accommodation purposes.It shall not be used as a transient vacation rental
(TVR)or as a homestay.This restriction shall be incorporated into the deed
restrictions ofthe subject parcel in the event the property is sold to another
party,draft copies ofwhich shall be submitted to the Planning Department
prior to building permit application approval.
3.In order to ensure that the project is compatible with its surroundings and to
minimize the visual impact ofthe structures,the extemal color ofthe
proposed dwelling and landscape plan shall be ofmoderate to dark earth-tone
color.The proposed color scheme should be submitted to the Planning
Department for review and acceptance prior to building permit application.
4.Prior to building permit approval,the Applicant shall complete and execute
an ADU Clearance form for the proposed residential unit.
5.The Applicant is advised that should any archaeological or historical resources be
discovered during ground disturbing/constmction work,all work in the area ofthe
archaeological/historical findings shall immediately cease and the Applicant shall
contact the State Department ofLand and Natural Resources,Historic Preservation
Division at (808)692-8015 and the Planning Department at (808)241-4050 to
determine mitigation measures.
6.In order to minimize adverseimpacts on the Federally Listed Threatened Species,
Newell's Shearwater and other seabirds,ifextemal lighting is to be used in
connection with the proposed project,all extemal lighting shall be only ofthe
following types:downward-facing,shielded lights.Spotlights aimed upward or
spotlighting of structures shall be prohibited.
7.The Applicant shall develop and utilize Best Management Practices (B.M.P's)
during all phases of development in order to minimize erosion,dust,and
sedimentation impacts ofthe project to abutting properties.
8.The Applicant shall resolve and comply with the applicable standards and
requirements set forth by the State Health Department,State Historic Preservation
Division-DLNR,and the County Departments ofPublic Works,Transportation,and
Water.
9.The Planning Commission reserves the right to revise,add,or delete conditions of
approval in order to address or mitigate unforeseen impacts the project may,create,
or to revoke the permits through the proper procedures should conditions of
approval not be complied with or be violated.
Z-rv-2022-7,U-2022-7;Director's Report
Keopele &Ashley McBride
April 12,2022
ii|P a ge
10.The Applicant is advised that prior to construction and/or use,additional
govemment agency conditions may be imposed.It shall be the Applicant's
responsibility to resolve those conditions with the respective agency(ies).
The Planning Commission is further advised that this report does not represent the
Planning Department s final recommendation in view ofthe forthcoming public
hearing process scheduled for April 12,2022 whereby the entire record should be
considered prior to decision-making.The entire record should include but not be
limited to:
a.Pending govermnent agency comments;
b.Testimony from the general public and interested others;and
c.The Applicant's response to staffs report and recommendation as
provided herein.
/•
iNNETH A.ESTES
Planner
Approved &Recommended to Commission
KA'Afli?AJS.HULL
Director of Planning
Date:/&/;2C2.Z
Z-IV-2022-7,U-2022-7;Director's Report
Keopele &Ashley McBride
April 12,2022
i2|P ag e
EXHIBIT 'A'
(AGENCY COMMENTS)
COUNTY OF KAUA'I
PLANNING DEPARTMENT
4444 RICE STREET,SUITE A473 LIHU'E,HAWAI'I 96766
(808)241-4050
FROM:Kaaina S.Hull,Director (Kenneth)Februaiy 10,2022
SUBJECT:Class FV Zoning Permit Z-IV-2022-7,Use Permit U-2022-7,Dwelling,Single
Family Detached
Tax Map Key:(4)5-2-006:014,Keopele V.&Ashley H.Mcbride,Applicant
TO:
D Department ofTransportation -STP DPW-Engineering
DOT-Highway,Kauai(info only)D DPW-Wastewater
D DOT-Airports,Kauai (info only)D DPW-Building
D DOT-Harbors,Kauai (info only)D DPW-SolidWaste
State Department of Health D Department ofParks &Recreation
D State Department ofAgriculture UBBBMHfijfi
State Office ofPlanning County Housing-Agency
D State Dept.of Bus.&Econ.Dev.Tourism d County Economic Development
D State Land Use Commission D KHPRC
State Historic Preservation Division Water Depanment
DLNR-Land Management Kaua'i Civil DefensenDLNR-Foresty &Wildlife a U.S.Postal DepartmentnDLNR-Aquatic Resources UH_Sea_Grant
D DLNR-OCCL D County Transportation Agency
Other:
FOR YOUR COMMENTS (pertaining to your department):
Property to maintain proper fire department access requirements
This matter is scheduled for a public hearing before the County of Kauai Planning Commission on
4/12/2022 at the Lihue Civic Center,Moikeha Building,Meeting Room 2A-2B,4444 Rice Street,
Lihue,Kauai,at 9:00 am or soon thereafter,If we do not receive your agency comments within oae (1)
month from the date of this request,we will assume that there are no objections to this permit request.
Mahalo!
DEPARTMENT OF PLANNING
KA'AINA HULL,DIRECTOR
JODI A.HIGUCHI SAYEGUSA,DEPUTY DIRECTOR
DEREK S.K.KAWAKAMI,MAYOR
MICHAELA.DAHILIG,MANAG1NG DIRECTOR
DIRECTOR'S REPORT
SUMMARY
Action Required by
Planning Commission:
Consideration of Applicant's request to amend Condition No.2
to allow the operator to conduct tours with no capacity
restrictions.
Permit Application Nos.
Name ofApplicant(s)
Class IV Zoning Permit Z-IV-2015-10
Use Permit U-2015-9
Special Permit SP-2015-1
Steelgrass Farm,LLC.
II.PERMIT INFORMATION
Use Permit PursuanttoSection 8-2.4 of theKCC,1987,as amended,a
Use Permit is required to operate commercial tours in the
Agriculture (A)zoning district.
I1 Project Development Use
Permit
[1 Variance Permit
Special Permit Pursuant to Section 205 of the Hawai'i Revised Statutes
(HRS)and Chapter 13 of the Rules of Practice and
Procedures ofthe Planning Commission,a Special Permit is
required for a use in the State Land Use Agricultural (A)
District that is not a permissible use as set forth in Chapter
205oftheHRS.
Zoning Permit Class
Kl IV
D iii
Pursuant to Section 8-4.7 of the KCC,1987,as amended,a
Class IV Zoning Permit is a procedural requirement for
obtaining a Use Permit in the Agriculture (A)zoning district.
I1 Special Management Area
Permit
Use
QlVlinor
AMENDMENTS
X 1.0
8
Date of Receipt of Completed N/A
Application:
Date of Director's Report:MARCH 22,2022
Date of Public Hearing:MARCH 8,2022
Deadline Date for PC to Take Action N/A
(60THDay):
PROJECT DATA
PROlBHBlNFORKIiffiliN
Parcel Location:The subject property is located at 5730 Olohena Road in Kapa'a
Homesteads.
Tax Map Key(s):4-4-003:045 Area:8.56 acres of 23.518 acre
parcel
ZONING &DEVELOPMENTSTANDARDS
Zoning:Agriculture (A)/0pen (0)
State Land Use District:Agricultural
General Plan Designation:Agriculture (A)
Height Limit:50 feet
Max.Land Coverage:60%oflot area/10%of lot Coverage
Parking Requirement:12 designated off-street parking stalls
Front Setback:10 feet
Rear Setback:10 feet
Side Setback:Sfeet
Community Plan Area:East Kaua'i Community Plan
Community Plan Land Use Designation:Agriculture
Deviations orVariances Requested;N/A
IV.LEGAL REQUIREMENTS
Section 8-3.1[f),KCC:Not Applicable
Plannjng CommjssioniDate:IVIARCH 8,2022
2 1 P age
Z-IV-2015-10.U-2015-9,SP-2015-I;Director'a Rcport (2nd Aracndmmt Rcqucst)
Steelgrass FaiTtis,LLC.
February 22,2022
Zoning Amendment
I1 General Plan Amendment
I1 State Land Use District
Amendment
V.PROJECT DESCRIPTION AND USE
The purpose of the Commercial Agriculture tours is to educate the public,both local
residents and visitors,about the health benefits of the cultivated crops on the subject
property.As previously represented,the tour consist of a three-hour lecture/tour,during
which participants are informed ofthe agricultural history ofKaua'i and ofthe subject
property.
VI.APPLICANT'S REASONS/JUSTIFICATION
REQUEST:
Under the subject permits,the Applicant was granted approval for Commercial
Agriculture tours on the Subject Property.Condition Number 2 of the Planning
Commission's Conditions of Approval (refer to Exhibit 'B')states the following:
"The agriculture commercial tours shall be limited to no more thanfive (5)
days per week,with no more than twenty-five (25)paying participants per
tour and the hours ofoperation shall befrom 8:00am to 6:00pm."
The Applicant is requesting to amend the condition to eliminate the restriction concerning
the number of patrons for each tour and revise its hours of operation from 8:00 am to
6:00 pm to 8:00 am to 4:00 pm.
Please refer to Applicant's correspondence dated November 10,2021 for further
justification (Exhibit "A").
VII.ADDITIONAL FINDINGS
1.Site Information/Characteristics
The subject parcel is surrounded by properties located within the State Agricultural
Land Use District,as well as the County of Kaua'i Agriculture (A)&Open (0)zoning
districts.
2.Existing Land Use Permits_&Permit History
The following information represents land use approvals/permits associated with the
subject property:
o Class IV Zoning Permit Z-IV-2016-19,and Use Permit U-2016-16.This
application received approval by the Planning Commission on June 30,
2016 to allow construction of three (3)farm worker homes.
o July 2017,the Applicant requested to Condition No.2 to allow two (2)
Z-IV-2015-10,U-2015-9,SP-2015-1;Director's Report (2nd Amcndmcnt Reqiieat)
Steelgrass Fanns,LLC.
Fcbruary 22,2022
3 |Page
additional tours on the subject parcel and it was subsequently approved
by the Planning Commission.
VIII.TENTATIVE PRELIMINARY EVALUATION
In evaluating the Applicant s request to amend Condition No.2 of the subject permits to
allow the operator to conduct tours with no capacity restrictions,the following items are
considered:
1.Use Permit
Article 20 of the Comprehensive Zoning Ordinance (CZO),Chapter 8 of the Kaua'i
County Code (1987),the purpose of the Use Permit procedure is to assure the proper
integration into the community of uses which may be suitable only in specific
locations of a district,or only under certain conditions,or only if the uses are
designed,arranged or conducted in a particular manner,and to prohibit the uses if
proper inte.gration cannot be assured.Section 8-3.2 ofthe CZO specifies a Use Permit
may be granted only if the Planning Commission finds that the use meets the
following criteria:
a.The use must be a compatible use;
b.The use must not be detrimental to persons or property in the area;
c.The use must not cause substantial environmental consequences;and
d.The use must not be inconsistent with the intent of the Comprehensive Zoning
Ordinance (CZO)and General Plan.
o The Applicant has been operating for approximately 7 years now and
continues to demonstrate its compatibility with the surrounding
neighborhood.
o To date,the Department has not received any complaints generated by this
operation.
o
o
The tour operations does not inhibit the current or future ability to pursue
agriculture activities on the parcel.
The commercial tours have not been a detriment to the health,safety,
peace,morals,comfort,and general welfare of persons residing or working
in thesurrounding area,and should not eause any substantial harmful
environmental consequences.
Z-IV-2015-10,U-2015-9,SP-2015-1:Director's Rcpon (2nd Amcndmcnt Rcquest)
Steelgrass Fanns,LLC.
Fcbniary 22,2022
4|Page
2.Special Permit
a.Pursuant to Chapter 205 of the Hawai'i Revised Statutes (HRS)and Chapter 13
of the Planning Commission Rules of Practice and Procedures,a SPECIAL
PERIVIIT may be approved under such protective restrictions that may be
deemed necessary if the Commission finds that the proposed use is an unusual
and reasonable use of land situated within the State Land Use Agricultural
District,and that the use would promote the effectiveness and objectives of
Chapter 205,HRS.The Planning Commission shall consider the following
guidelines in determining unusual and reasonable use:
1)Such use shall not be contrary to the objectives sought to be accomplished by
Chapters 205 and 205A of the Hawai'i Revised Statutes (HRS),and rules of
the State Land Use Commission;
o The commercial tours intend to sustain and promote agriculture by
educating their guests on the past and present history of agriculture on
Kaua'i.
2)The desired use would not adversely affect the surrounding property;
o Operation ofthe commercial tours have not created adverse noise,
dust,sound,or other impacts that could adversely affect surrounding
property.
3)The use would not unreasonably burden public agencies to provide roads and
streets,sewers,water drainage,school improvements,and police and fire
protection;
o The current and proposed use will utilize existing roadways;
o Fire and police protection may be required during emergencies;
however,such use is not anticipated to overburden the Fire
Department or Police Department.
4)Unusual conditions,trends and needs have arisen since the district
boundaries and rules were established;and
o Over time,tourism has replaced agriculture as the primary engine of
economic activity for Kaua'i and the State of Hawai'i at large.However,
there is a clear need to preserve certain agricultural lands for farming
activities.
Though the use is generally permitted,the Applicant should continue to institute "Best
5|Page
Z-IV-2015-10,U-2015-9,SP-2015-1.Directol'8 Rcport (2nd Amcndmcnt Requcst)
Steelgrass Farms,LLC,
Febmary 22,2022
Management Practices"to ensure that the operation ofthis facility does not generate
impactsthat mayaffectthe health,safety,and welfare ofthose in the surrounding
area of the proposal.To that end,the Department recommends that the project be
monitored for a period oftwo (2)years from the date the amendment,ifapproved.In
that time,the Department shall record any grievances relating to the project,if any.
Within two (2)years ofthe amendment,ifapproved,the project-shall-be revisited by
the Planning Commission.Ifthere are no grievances,the Applicant may be allowed to
continue to operate with no patron limitations;however,additional mitigation
measures may be imposed to address any issues.If the commercial agricultural tour
results in impacts to the surrounding neighborhood (e.g.,traffic,noise,etc.)due to the
removal of the maximum number of patrons per tour,the Planning Commission may
consider requiring the tour operation to revert back to a maximum of 25 patrons per
tour as originally conditioned.
Traffic -In the past and more recently,the Applicant has contacted the neighbors in
the surrounding area and majority remain in support ofthe project.As previously
represented,the intervals on which tour guest arrive on the subject property is on
weekdays,between the hours of 8:30am and 9:00am,and 12:00pm and 12:30pm.In
the previous permit amendment,the Applicant observed the traffic conditions and
provided Department ofTransportation studies that established baseline figures,also
known as the AADT (annual average daily traffic).On average (per tour),there were
10 passenger cars (coming and going),resulting in a total of 20 trips per day,or 100
trips perweek.
Agencv Comments -The Applicant should resolve and comply with allagency
requirements as recommended in the permit application review,including but not
limited to the emergency plan requirements as imposed by the County Fire Department,
and wastewater requirements for the State Department of Health (DOH).
IX.PRELIMINARY CONCLUSION
It is concluded that through proper mitigation measures,the proposed amendment to
Special Permit SP-2015-1,Use Permit U-2015-9 and Class IV Zoning Permit Z-IV-2015-10
may be granted.As conditioned,operation of the Commercial Agriculture Tour should not
have any detrimental impact to the environment or person and property in the area and
would be considered a compatible use.Furthermore,it is consistent with the criteria
outlinedforthegrantingofa Use Permitto ChapterS ofthe Kaua'i CountyCode,as
amended.
Additionally,the Applicant should institute the "Best Management Practices"to insure
that the operation does not generate impacts that may affect the health,safety,and
welfare of those in the surrounding area of the proposal.
Z-IV-2015-10,U-2015-9,SP-2015-l;Director'sReport (2nd AmmdmentRequest)
Steelgrass Farms,LLC.
Febmary 22,2022
6 |P a ge
X.PRELMINARY RECOMMENDATION
It is recommended that the Commission approve the proposed amendment to Condition
No.2 that would eliminate the restriction concerning the number of patrons for each tour
and revise its hours of operation.In addition,the department is recommending a new
condition (Condition No.10)that requires monitoring of the project.As such,Condition
No.2 of Class IV Zoning Permit Z-IV-2015-10,Use Permit U-2015-9,and Special Permit SP-
2015-1 be amended to read as follows:
2.The agriculture commercial tours shall be limited to no more than
five (5)days per week[,with no moro than twcnty fivQ (25)paying
participonts por tour]and the hours of operation shall be from
8:00am to 4:00 [fe8e]pm.
10.The projectshall be monitoredfor a period oftwo (2)yearsfrom
the date that the amendment is approved.In that time,the
Department shall record any grievances related to the project,if
any.Within the 2-year period,the project shall be revisited by the
Planning Commission.Ifthere are no grievances,the Applicant may
be allowed to continue to operate with no patron limitation;
however,additional mitigation measures may be imposed to
address any issues or impacts,if any.If project results in impacts to
the surrounding neighborhood due to the removal of the maximum
number of patrons pertour,the Planning Commission may consider
requiring the tour operation to revert back to a maximum of 25
patrons per tour as originally conditioned.
In addition,the Applicant is advised that all applicable conditions of approval shall remain
in effect.
*NOTE:Material to be deleted in brackets &strikethrough,and new material is
underlined.
DALE A.
Planner
Approved &Recommended to Commission:
Z-IV-2015-10,U-2015-9,SP-2015-1;Director's Rcport (2nd Amendment Rcqucat)
Steelgrass Fanns,LLC.
Febmary 22,2022
7|Page
By
s^for
KA'AINAS.HULL
Director of Planning
Date:2-24-2022
Z-IV-20I5-10,U-2015-9,SP-20I5-1;Director's Rcport (2nd Amcndmcnt Rcqucst)
Steelgrass Farms,LLC.
February 22,2022
8|Page
((A //EXHIBIT"A"
(Applicanfs Correspondence)
KAUAI CHOCOLATE
November 1Qth,2021
TO:
Planning Commission
County ofKauai
4444 Rice Street
Lihue,Hl,96766
FROM:
Will Lydgate
Lydgate Farms
PO Box 68
Kapaa,HI,96746
(808)635-2095
wlydgate@gmail.com
RE:Steelgrass Farm,LLC.,DBA Lydgate Farms
5730 Olohena Road,Kapaa
Zoning:Agricultural
TMK (4)4-4-03-045:003
Petition to Modify
Class IV Zoning Permit Z-IV-2015-10
Use Permit U-2015-9
Special Permit SP-2015-1
Granted on February 24th,2015
Amended on August 8th 2017
PROJECT SlTE:
Steelgrass Farm,LLC.DBA Lydgate Farms (referred to as Lydgate Farms hereafter}\s a
working farm that grows cacao trees,vanilla vines,honey,and coffee.Lydgate Farms
turns agricultural products into value-added products and sells them directlyto
customers from our farm location,online,and to select retailers on Kauai.Lydgate Farms
also conducts a farm tour.Farm tours and value-added sales of products occur at 5730
Olohena Road,Kapaa,Hl,96746 TMK (4)4-4-03-045:003.Our farm is located in the back
left corner ofthe Lydgate Rise subdivision and is accessed via a 30'easement that is
paved with concrete for 1000 feet and compressed gravel the remaining 500 feet
approach to the farm.Our farm parcel is 8.56 acres and is under an agricultural
dedication.It is owned and managed by fifth-generation Kauai kamaaina Wlll Lydgate
and a team often staff:three who run the tours and giftshop,five who run the farm,and
two who oversee the online store and marketing.
PERMITS FOR AG-TOURISM AT LYDGATE FARMS
Special Permit SP-2015-1,Use Permit U-2015-9 and Class IV Zoning Permit Z-IV-2015-10
were granted to us on February 24th,2015,and amended bythe planning commission
August 8th,2017.They currently empower our farm to host 25 paid guests on one tour
five days per week between 8am-6pm.They also allow us to run a giftshop selling our
value-added products and products associated with the farm.
PERMIT AMENDMENT REOUEST
Ourtours are commonlysold out one week to six-weeks in advance.Because ofthis
many visltors are unable to secure reservations.These overflow visitors usually visit the
farm giftshop —we frequently host more visitors at the giftshop than on the farm tours.
We are asking that the limit on the number of tour visitors be removed,and we be
allowed to freely operate tours within the hours of 8am-4pm.This will allow the farm to
bookthecustomerswhowantto come on tours,within the capadty ofthe farm.This
request shortens the current permitted tour hours to be within the workday.
IN SUPPORT
Our farm manager Will Lydgate is sensitive to the neighborhood setting that the farm
operates in.Since receiving approval in 2015 there have been no formal complaints to
the countyaboutthetours.Will Lydgate isthe presldent ofthe neighborhood AOAO and
there have been no formal complaints to the AOAO about the tours in that tlme frame
either.
We very much appreciate your considerationof our proposal,which will help our growth
and supportthe future ofcacao and ag-tourism on Kaual!
AMENDMENT LANGUAGE:CONDITIONS OF APPROVAL
We are requesting that the language of our permits be changed in the following ways.
From the introduction to our letter ofapproval:
This letter memorializes the action taken by the Kaua'i Planning Commission
effective [August 8,2017](insert new hearing datel to amend the above subject
permits to allow for [two (2)additional]free ooeration of Commercial
Agriculture tours within soecified hours.The approval by the Planning
Commission,per your consent,is subject to the following conditions:
We are also requesting condition 2 ofour approval be amended as follows:
The agriculture commercial tours shall be limited to no more than five (5)days
per week,[with no more than twenty-five (25)paying participonts per tour]and
the hours ofoperation shall be from [8:00om to 6:00pm]8am to 4pm.
ABOUT LYDGATE FARMS
Our farm is run by owner and manager Will Lydgate who took over farm operations from
his father Tony Lydgate in 2016.We have twice been recognized as produclng one ofthe
50 best chocolates in the world at the Cocoa of Excellence Awards in Paris,France —
first in 2017 and again for the current year 2021.We have the honor of representing the
United States in these international awards,which are a competition between cacao
producing countries located in the tropics.Hawaii is the only state in the U.S.that can
grow Theobroma cacao the chocolate tree.
Lydgate Farms is a pioneer in the new hlawaii cacao growing movement,which is
focused not on cheap candy bar grade chocolate,but on what is called specialty
chocolate.This is chocolate that is a higher quality which has fine fruity and floral flavors
and can be used in wine pairings.Specialty chocolate is currently experiencing major
market growth like what Californla wine experienced starting in the 1970's and specialty
coffee starting in the 1980's.
Our farm was selected in 2020 bythe Fine Chocolate and Cacao Institute as an
outstanding cacao farm in the United States and featured in their Origln Series along with
one farm each from Ecuador,Brazil,Colombia,Philippines,Mexico,Tanzania,and
Dominican Republic.
As Kauai's largest producer ofvanilla beans we are currently partnering with the County
of Kauai Office of Economic Development for a research grant that constitutes the first
scientific research into vanilla cultivation in Hawaii.Our honey has been awarded #1 in
the state atthe Big Island Beekeepers Associatlon Hawaii Honey Challenge multiple
years including the most recent public challenge event in 2019.Our owner and manager
Will Lydgate is current president ofthe Hawaii Chocolate and Cacao Association and is
the Kauai representative for the Small Business Regulatory Review Board.Will Lydgate is
a graduate ofthe Hawaii Agricultural Leadership Program.Will's great-grandfather John
Mortimer Lydgate is remembered for his efforts at historical preservation on Kauai and
setting aside the hei'au ofWailua for conservation.
Will Lydgate and our farm are featured in HTA's new video Malama as a part oftheir new
marketing push to promote ag-tourism and activities like voluntourism to promote a
higher quality of visitor to hlawaii.
Our farm is the excluslve chocolate supplier to Holey Grail Donuts since 2018.They also
have a partnership wlth Koloa Rum in the creation ofthelr Kauai Cacao rum and its sister
product Lydgate Farms'75%Dark with Koloa Hawaiian Rum chocolate bar,launched in
2020.
TOURS AT LYDGATE FARMS
We currently operate the three-hour Chocolate Farm Experience one time per day five
days per week,Monday-Friday starting at 9am and ending at 12pm.Visitors book in
advance and arrive in rental cars the morning before their tour and drive out after.Each
tour group travels in 6-12 cars with an average of 10 cars per tour.At the end of each tour
visitors buy the farm's products at the giftshop.Visitors park their cars in 30 designated
parking spaces.
Ourtours highlightthe farming operation and the products ofthe farm.They existwithin
the farm setting and function as an advertisement for the farm's products and a fun
activity.But without the farm they would not function.
KAUAI C HOCOLATE
//n//EXHIBIT"B"
(2017 PCApproval Letter)
For reference
Chair
Vice-Chair
Nogami'
Members
4444;RiceStreet
KapuleBuilding,SuiteA-473
Ltfiu'e,Hawai'F 96766-1326
TEL (808)241-4050 FAX:(808)241-6699
William H.Lydgate
Steelgrass Faan,LLC
POBox68,
Kapaa,Hawaii 96746
rf
Subject:Class TV Zoning Pemiit Z-FV-2015-10
UsePermit U-2015-9
Special Permit SP-2015-1
Tax Map Key:(4)4-4-003:045
Kapaa.Raua'i
Steelgrass Faim,LLC,Applicaat
TNs letter memorializes the aefion taken by the Kaua'i Plaimmg Coimmssion effective August 8,
2017 to amend the above subj ect permits to allow for two (2)additional Commercial Agticulfuie
toiu-s.TheapprovalbythePlannugGoimnission,peryoure6nserit,issybjecttothefolIowmg
conditions:
I.Any Ghanges to thetour operatiQnsandancillaryfaeility(s)shaIlbereviewed by
the Department to determine whether Plamiing eommission review and approval
is required.
2.The agriculture commercial tours shall be timifed to no more thah [thrco (3)days
per wcclc]five (5)days per week,with ho more fhan twenty-five (25)paying
participants per tour andthehourofopeiationshaUbefrom 8:00amto 6:00pm.
3.At least twelve (12)designated off-stteet (off-driveway)parking stalls shall be
provided for tour partieipants.
4.The gift shop shall be restricted to the sale ofthose products produced at or
assbciated with the subject property's agrieultural operations.
5.The applicarit shall comply with the requirements ofthe State Department of
An Equal Opportunity Employer
V:\Chance\Class IVVZ-JV-2015-10 Amendment Steelgrass FannVLetter ofApproval\Approval_CB_7.31.I7_steelgrassfarms.docx
Steelgrass Farm,LLC,Applicant
Class IV Zoning Pen-nit Z-IV-2015-10
UsePermit U-2015-9
Special Permit SP-2015-l
Page2
6.
7.
9.
Sincei^ly,
Health,the County's Fire Department,flie Department ofWater,and the
Department ofPublic Works,as well as any other applicable govemment
agencies.
The applicant shall develop and utilize BestManagelnent Praetiees (B.M.P.'s)
duiing all Ehases of development in prder to ininimize erosion,dust,and
sedirttentationiinpactsoftheprojeettoabuttmgproperties.
InordertommimizeadveisemipactSQa^^^
Newell's Shearwater arid OtUer seabirds,all extemal lighting shall be only ofthe
ft^wmgtypes:sMddeaiiglits,cut-offlMnuDanes,ormdte(aIightm
Spotlighfs mmed.upward or spotlighting of sfructures,landsoapmg,orthe oeean
shallbe pioltibifed.
T^eI^anBmgCommissionreseivesthgiigh^tOTevise.add,or deleteconditions of
approval in order tp addiess pr mitigate unforeseen impacts the project may,
creats,Orto revokethe periaitsthroughtheproperproceduj-esshouldcondifions
of approval npt.be compliedwith or beviolated.
The applieant is advised that additional govemment ageney conditions may be
impQsed.It shall be the applicant's responsibility to resolve fhose eonditions with
the respecfive ageneies.
IGHAEL A.DAHILIG
Clerk,Kaua'i Planmng Coaaifission
Cc;Counly-Public Works,Eire,Water,Housing,Transportation
State-Health,HistoricPreservationDivision
File Z-rv-2015-10
PLANNING COMMISSION
DATE:
TO:
FROM:
RE:
KAAINA S.HULL,CLERK OF COMMISION
MEMORANDUM
HELEN COX,CHAIR
FRANCIS DEGRACIA,VICE
CHAIR
GERALDAKO,MEMBER
DONNAAPISA.MEMBER
MELVINCHIBA,MEMBER
GLENDA NOGAMI-
STREUFERT,MEMBER
LORI OTSUKA,MEMBER
March 7,2022
Honorable Planning Commission Chair Helen Cox and Members ofthe Kauai
Planning Commission
Ka'aina S.Hull,Clerk ofthe Commission
Additional Findings SiTestimony
Attached for the Planning Commission's consideration are:
1.Traffic Assessment prepared by Austin,Tsutsumi and Associates that evaluates the
traffic impacts ofthe project (Referto Exhibit 'A);and
2.Public Testimony from community members (Refer to Exhibit 'B').
4444 Rice Street,Suite A473 •LThu'e.Hawai'i 96766 •(808)241-4050 (b)
An Equal Opportunity Empioyer
EXHIBIT"A //
(Traffic Assessment)
For reference
ATA AUSTIN,TSUTSUMI &ASSOCIATES,INC.CIVIL ENC31NEERS •SURVEYQRS
CONTINUING THE ENGINEERING PFiACTiCE FDUNDED SY H,A,R,AUSTIN IN 1334
TERRANCE S.ARASHIRO,P.E.
ADRIENNE W.L.H.WONG,P.E,.LEED AP
DEANNAM.R.HAYASHI,P.E.
PAUL K.ARITA,P.E.
ERtK S.KANESHIRO,L.P.L.S,,LEED AP
MATT K.NAKAMOTO,P.E.
GARRETT K.TOKUOKA,P.E.
FINAL
March 3,2022
Mr.Will Lydgate
Lydgate Farms
5730 Olohena Road
Kapaa,Hawaii 96746
Dear Mr.Lydgate:
Subject:Traffic Letter Assessment
Lydgate Farms
Kapaa,Kauai,Hawaii
Austin,Tsutsumi &Associates,Inc.(ATA)has prepared this traffic assessment (TA)for Lydgate
Farms located in Kapaa,Kauai,Hawaii.
Project Description
Lydgate Farms is a 46-acre farm located in Kapaa,Hawaii,which grows vanilla,honey,
and cacao to make chocolate.Lydgate Farms also offers a three-hour Chocolate Farm
Tour once a day,Monday through Friday,beginning at 9:00 AM and ending at 12:00 PM,
and a gift shop which guests may visit even if not attending the tour.Currently,Lydgate
Farm accommodates approximately 50 visitors,arriving in approximately 20 vehicles,
per day on average.During peak visitor season,the farm may host as many as 80
visitors per day,arriving in approximately 30-35 vehicles.Lydgate Farms is seeking a
permit amendment that will allow them to increase the number of visitors they can book
on their farm tours.
Existing Conditions
Lydgate Farms is located at 5730 Olohena Road within the Lydgate Rise subdivision.
The site is accessed from a single concrete driveway off of Olohena Road and a
combination of gravel and dirt roads within the subdivision which also serves several
other residential homes.The main roadway within the subdivision is wide enough for two
vehicles;though the local roadway approaching the farm,which serves 5 other
properties,has short segments where only one vehicle can be accommodated at a time.
Near the one-way,two-lane segments,there is generally ample space for one of the
vehides to pull over to allow the other through.
REPLY TD;
501 BUMNER 5TREET,SUITE 521 •HDNDLULU,HAWAII 96817-5031
PHONE (BOB>533-3646 •FAX (BDB)5ZS-1 267
EMAIL :atahnl@atahawatl.com
QFFICES IN:
HaNDLULU,HAWAII
WAILUKU,MAU),HAWA11
HILQ,HAWAII
ATA AUSTIN,TSUTSUMI S ASSQCiATES,IIMC,
CIVIL ENC31NEERS •SUHVEYDRS
Mr.Will Lydgate
Lydgate Farms
March 3,2022
Future Conditions
Based upon Client-furnished information,the maximum number of visitors that Lydgate
Farms wants to host per day would be 100 visitors.While the Client has indicated that
Lydgate Farms has no immediate plans to host the maximum number of visitors,
conditions with 100 vehicles per day were considered to constitute the "worst case"
traffic operations scenario.
Based on analysis published by the Federal Highway Administration (FHWA)1,
operations oftwo-way,one-lane segments can be up to 1400 vehicles per hour.
Traffic generated by Lydgate Farms will fall far below this threshold,and as a result,no
significant impacts to traffic operations are anticipated as a result of Lydgate Farms'
permit amendment.
We appreciate the opportunity to prepare this traffic assessment for the Project.If you have any
questions or require additional information,please contact me at (808)533-3646.
Sincerely,
AUSTIN,TSUTSUMI &ASSOCIATES,INC.
By
KELCEE A.FUJ'IMOTO,P.E.
Project Transportation Engineer
'Traffic Analysis Tools Volume IX:Work Zone Modeling and Simulation,Federal Highways
Administration,2014,http://ops.fhwa.dog.gov/wz/traffic_analysis/tatv9_wz/cs8.htm
EXHIBIT"B
(PublicTestimony)
//
3/3/22,1:07 PM Mail -Dale Cua -Outlook
Written Testimony
Marvin Cameron <marvin@cameron123.com>
Thu 3/3/2022 12:58 PM
To:Planning Department <planningdepartment@kauai.gov>
Cc:DaleCua <dcua@kauai.gov>;Will Lydgate <wlydgate@gmail.com>
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments
even ifthe sender is known to you unless it is something you were expecting.
March 3,2022
Kauai County Planning Department
4444 Rice Street Ste A473
LihueHI 96766
Dear Coinmissioners,
I understand that Lydgate Farms is requesting an amendment to their current peniiit.I have a home in the
neighborhood,and we share an easement for access to our properties.
I am writing in support ofthe petition to amendment their peiTnit and ask for your utmost consideration in
approving their request.I love to see businesses succeed and I wish Lydgate Fanns all the best.
It is wonderful to have a working farm in our neighborhood and to see this industry thrive on Kauai.I believe
we need more sustainable businesses in the agriculture industry.
y
Marvin Cameron
marvinfSlcameronl 23 .com
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3/3/22,10:02 AM Mail -Dale Cua -Outlook
Lydgaate Farms Petition
Susanne Gould <ds.kauai@hawaiiantel.net>
Thu 3/3/2022 9:51 AM
To:Planning Department <planningdepartment@kauai.gov>
Cc:DaleCua <dcua@kauai.gov>;wlydgate@gmail.com <wlydgate@gmail.com>
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments
even ifthe sender is known to you unless it is something you were expecting.
Dear Commissioners,
I am writing you to voice my support for Lydgate Fanns in their permit
amendment petition.I am a neighbor ofthe farm,and we share the
same easement.I don t have any issues with their operations and wish
them lots of success.We need more working farms on Kauai.I hope
that you will consider my testimony and grant them their requests.
Lydgate Farms has been a responsible neighbor over the years,and I whole
heartedly urge you grant their petition.We need to support our
fanns!
Aloha
Susanne Gould
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3/3/22,9:16 AM Mail -Dale Cua -Outlook
Support for Lygate Farms permit amendment
Kerry Snyder <keeptheten@aol.com>
Thu 3/3/2022 8:51 AM
To:Planning Department <planningdepartment@kauai.gov>
Cc:DaleCua <dcua@kauai.gov>;wlydgate@gmail.com <wlydgate@gmail.com>
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments
even if the sender is known to you unless it is something you were expecting.
Dear Commissioners,
1 am writing you to voice my support for Lydgate Farms in their permit amendment petition.1 am a neighbor of the farm,
and we share the same easement.1 don't have any issues with their operations and wish them lots of success.We need
more working farms on Kauai.1 hope that you will consider my testimony and grant them their requests.
Aloha,
Bart and Kerry Snyder
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3/3/22,9:17 AM Maif -Dale Cua -Outlook
Lydgate Farms
mario perez <lovemywire@gmail.com>
Wsd 3/2/2022 11:24AM
To:Planning Department <planningdepartment@kauai.gov>
Cc:DaleCua <dcua@kauai.gov>;wlydgate@gmail.com <wlydgate@gmail.com>
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments
even ifthe sender is known to you unless it is something you were expecting.
Dear Commissioners,
My name is Mario Perez.I am a resident of Lydgate Rise and a neighbor to Lydgate Farms.
I suppori:local sustainable farming on Kauai.Will Lydgate has been conscientious and
courteous to all the residents in Lydgate Rise,I wish him success with the farm and ask
that you consider granting his requests.
Mahalo,Mario Perez
1/1
3/3/22,9:17 AM Mail -Dale Cua -Outlook
Lydgate Farms
mario perez <lovemywire@gmail.com>
Wed 3/2/2022 11.19AM
To:Planning Department <planningdepartment@kauai.gov>
Cc:Dale Cua <dcua@kauai.gov>,·wlydgate@gmail.com <wlydgate@gmail.com>
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments
even if the sender is known to you unless it is something you were expecting.
Dear Commissioners,
I am a longtime resident of Lydgate Rise and neighbor to Lydgate Farms.I have been
proud of Will and the progress he has made in his endeavours with the farm.He has
always looked out for our community.He has my full support and I wish him the success
he deserves.Mahalo for considering my testimony to grant them their requests.
Aloha,
Mel Alves
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3/3/22,9:18 AM Mail -Dale Cua -Outlook
Testimony in support of Lydgate Farms petition
John Garrison <johngarrison50@gmail.com>
Tue 3/1/2022 1:28 PM
To:Planning Department <planningdepartment@kauai.gov>
Cc Dale Cua <dcua@kauai.gov>
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments even
ifthe sender is known to you unless it is something you were expecting.
Dear Commissioners,
I am writing to you to voice my support for Lydgate Farms in their permit amendment petition.1 am a neighbor
of the farm and we share the same easement.1 don't have any issues with their operation and wish them much
success.They produce great chocolate!We need more working farms on Kauai.I hope that you will consider my
testimony and grant their request.
Aloha,
John Garrison
5708 Olohena Road
Kapaa,Hl96746
808-631-0855
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3/7/22,7:59 AM Mail -Dale Cua -Outlook
In support of Lydgate Farms
Sabra L Kauka <sabrakauka@icloud.com>
Sun 3/6/2022 3:03 PM
To:Planning Department <planningdepartment@kauai.gov>
Cc:Dale Cua <dcua@kauai.gov>;Will Lydgate <wlydgate@gmail.com>
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments
even if the sender is known to you unless it is something you were expecting.
Aloha,
This is written in support of Lydgate Farms.application to increase the number of ag-and-cultural tours to
their farm.
Years ago 1 gave them wauke to plant on their land.This is the main plant we use to make kapa.1 anticipated
an increase in the interest ofvisitors to learn this Hawaiian cultural art.
Sure enough 1 receive many more requests to teach this cultural art then 1 have time to give.That's why 1 am
teaching as many young people in the cultural,agricultural and visitor industry to do so.
Lydgate Farms is one such entity with the Ag land and interest in preserving Hawaiian cultural arts.
Please approve their application.
Malama Pono,
Sabra Kauka
Hawaiian Studies Kumu
PO Box 3870
LThu'e Hl 96766-6870
Sent from my iPhone
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3/7/22,7:59 AM Mail -Dale Cua -Outlook
Support for Lydgate Farms
Dirk-Michael Lambert <dirklamb@aol.com>
Sat 3/5/2022 9:59 PM
To:Planning Department <planningdepartment@kauai.gov>
Cc:Dale Cua <dcua@kauai.gov>,·wlydgate@gmail,com <wlydgate@gmail.com>
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments
even if the sender is known to you unless it is something you were expecting.
Dear Commissioners,
1 am a neighbor of lydgate farm,and 1 wanting to support Lydgate Farm in their permit amendment petition.
1 like what they are doing and support them with their effort to spread the Aloha-Spirit by work.
We need more working farms on Kauai.
I hope that my testimony helps lydgate farm with their requests.
Aloha,
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3/7/22,8:00 AM Mall -Dale Cua -Outlook
In Support of Lydgate Farms
Eugene Punzal <eugenepunzal@gmail.com>
Fri 3/4/2022 3:42 PM
To:Dale Cua <dcua@kauai.gov>;wlydgate@gmail.com <wlydgate@gmail.com>
CAUTION;This email originated from outside the County of Kauai.Do not click links or open attachments even if the sender is known to you unless
it is something you were expecting.
Eugene Punzal <eygeneDunza l(3)a mail.com>
to planningdepartment,dcus,wiydgate
3:39 PM (1 minute
ago)
Atoha,
1 am writing this to you to show my full support of Lydgate Farms for their permit amendment.I am a Cultural Weaving Practitioner with the Kauai Museum,and we have a
Cultural Weaving Outreach program that gives free 45 minute demonstrations to all the Private and Public Schools here on Kauai.With the help of Lydgate Farms,1 am able
to get a healthy supply of beautjful coconut leaves,at no charge,so 1 can continue doing these demonstrations throughout KauaJ.As part of his promotion of our Hawaiian
Weaving Culture,he has hired me on several occasions to teach his staff the fading art of coconut weaving.As a former member of the Matie Foundation,Wifl has also
allowed us to pick from his wonderful grove of bamboo,for the many cultural programs thaf we provided to our community.Lydgate Farms is a true supporter of our Hawaiian
Culture,and 1 hope that you wilf find it in your hearts to approve his permit amendment.
Mahalo for your time,
Eugene Onio Punzal
Weaving Practitioner for the Kauai Museum
6025 Kapahi Road
Kapaa,Hl 96746
Cel.808 639-7722
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3/7/22,8:00 AM Mail -Dale Cua -Outlook
Lydgate Farms testimony
David Keener <highseasoncatering@gmail.com>
Fri 3/4/2022 9:59 AM
To:Planning Department <planningdepartment@kauai.gov>;DaleCua <dcua@kauai.gov>
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments
even ifthe sender is known to you unless it is something you were expecting.
Dear Commissioners,
1 am writing to you in support of Lydgate Farm's permit amendment petition.My family and 1 live in Lydgate
Rise neighborhood and share an easement with Lydgate Farms.There are no problems as a result of their
tours and our family wishes them the best of luck with their business.We support the growth of small
businesses and local,working farms on Kauai.1 hope that you will take our testimony into consideration
when making your decision.
Sincerely,
David Keener
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3/7/22,8:01 AM Mail -Dale Cua -Outlaok
Lydgate Farms Permit Amendment
Annette Denbeau <anniesart@aol.com>
Fri 3/4/2022 9:10 AM
To:Planning Department <planningdepartment@kauai.gov>
Cc:DaleCua <dcua@kauai.gov>,·wlydgate@gmail.com <wlydgate@gmail.com>
CAUTION:This email originated from outside the County of Kauai.Do not click links or open attachments
even if the sender is known to you unless it is something you were expecting.
Dear Commissioners,
I am writing you with regard to the Lydgate Farms permit amendment petition.
I am a neighbor with contributing easement access for his residential farming business.
My family and I support Mr.Lydgate's pursuit for the success ofhis working Cacao Fann and
hops that it is not only prosperous for him personally,but represents the rich agricultural value ofthis
island.
I also appreciate his efforts in supporting the interests and concems ofour community members,he's a
good neighbor.
I am thankful for the protective oversight ofthis department and hope this testimony
assists in the confidence ofyour decision for this request.
With sincerest regards and Aloha,
Annette Denbeau
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