NOTICE OF PUBLICATION AND NOTICE OF PUBLIC HEARING Notice is hereby given that the Council of the County of Kaua’i will hold a public hearing on Wednesday, September 9, 2020, at 1:30 p.m., or soon thereafter, at the Council Chambers, 4396 Rice Street, Room 201, Historic County Building, Lihu’e, on the following: Bill No. 2797 A BILL FOR AN ORDINANCE ESTABLISHING REGULATIONS, PROCEDURES, ZONING, DEVELOPMENT PLANS, AND FUTURE GROWTH AREAS FOR THE HANAPEPE-‘ELE’ELE PLANNING DISTRICT AND THE WAIMEA-KEKAHA PLANNING DISTRICT IN CHAPTER 10, KAUA’I COUNTY CODE 1987, AS AMENDED, AND ESTABLISHING EXCEPTIONS, MODIFICATIONS, AND ADDITIONS TO CHAPTER 8 AND CHAPTER 9, KAUA’I COUNTY CODE 1987, AS AMENDED, AND AMENDING ZONING MAPS ZM-K100 (KEKAHA), ZM-W100 (WAIMEA), AND ZM-H200 (HANAPEPE) (WEST KAUA’I COMMUNITY PLAN) (ZA-2020-07) This Bill proposes to establish regulations, procedures, zoning, development plans, and future growth areas for the West Kaua’i Planning District, and establish exceptions, modifications, and additions to Chapter 8 and Chapter 9, Kaua’i County Code 1987, as amended, and amend Zoning Maps ZM-K100 (Kekaha), ZM-W100 (Waimea), and ZM-H200 (Hanapepe). This Bill repeals Chapter 10, Article 3, Kaua’i County Code 1987, as amended (Hanapepe-‘Ele’ele Development Plan) and Chapter 10, Article 4, Kaua’i County Code 1987, as amended (Waimea-Kekaha Regional Development Plan) and replaces them with the West Kaua’i Community Plan Implementing Ordinance, which incorporates by reference the document entitled “West Kaua’i Community Plan” (current draft available at http://westkauaiplan.org/). Accompanying the West Kaua’i Community Plan are new regulations identified as the West Kaua’i Form-Based Code, for four (4) Special Planning Areas. The West Kaua’i Form-Based Code is attached as Appendix “C” to the West Kaua’i Community Plan, and the proposed Special Planning Areas are identified in the zoning maps attached to Bill No. 2797 as Exhibits 1-4. Bill No. 2798 A BILL FOR AN ORDINANCE AMENDING “KAUA’I KAKOU KAUA’I COUNTY GENERAL PLAN” (2018) LAND USE MAPS AND OTHER PROVISIONS RELATING TO THE WEST KAUA’I COMMUNITY PLAN (ZA-2020-08) This Bill proposes to amend the booklet entitled “Kaua’i Kakou Kaua’i County General Plan” (2018) (incorporated by reference in Chapter 7, Kaua’i County Code 1987, as amended (The General Plan for the County of Kaua’i)) to align regional policies for the West Kaua’i area with guidance from the West Kaua’i Community Plan (see Bill No. 2797), including changes to Figure 5-1 (Kaua’i Land Use Map) and the merging and amendment of Figure 5-2 (Waimea-Kekaha Land Use Map) and Figure 5-3 (Hanapepe-‘Ele’ele Land Use Map) to become Figure 5-2 (West Kaua’i Land Use Map). Bill No. 2799 A BILL FOR AN ORDINANCE AMENDING CHAPTER 8, KAUA’I COUNTY CODE 1987, AS AMENDED, BY ESTABLISHING A NEW SPECIAL TREATMENT COASTAL EDGE (ST-CE) DISTRICT AND AMENDING ZONING MAPS ZM-K100 (KEKAHA), ZM-W100 (WAIMEA), ZM-200, AND ZM-H200 (HANAPEPE) (ZA-2020-09) This Bill proposes to amend Chapter 8, Article 11, Kaua’i County Code 1987, as amended (Special Treatment Districts (ST)) by establishing a new “Special Treatment Coastal Edge (ST-CE) District” specifying additional performance required for development in particularly vulnerable areas along the coastline, to ensure that development within those applicable areas is constructed in a manner that safely mitigates impacts from coastal hazards, including but not limited to sea level rise, coastal erosion, high wave run-up, passive flooding, and an increased frequency and intensity of storms. Zoning Maps ZM-K100 (Kekaha), ZM-W100 (Waimea), ZM-200, and ZM-H200 (Hanapepe) will be amended correspondingly. Bill No. 2800 A BILL FOR AN ORDINANCE AMENDING CHAPTER 8, KAUA’I COUNTY CODE 1987, AS AMENDED, BY ESTABLISHING A NEW PLANTATION CAMP (PC) DISTRICT AND AMENDING ZONING MAP ZM-200 (ZA-2020-10) This Bill proposes to: (1) allow for the establishment of a new “Plantation Camp (PC) Zoning District” that will provide greater nonconforming flexibility to accommodate the repair and rebuilding capacity of those structures that currently exist within the proposed Plantation Camp Zoning District, and (2) amend Zoning Map ZM-200 (in the Hanapepe Planning Area) from Agricultural District (A) to Plantation Camp District (PC) for a portion of Tax Map Keys (4) 1-7-006:001 and (4) 1-7-006:003 located in Makaweli, and a portion of Tax Map Key (4) 2-2-001:001 located in Numila. Bill No. 2801 A BILL FOR AN ORDINANCE TO OVERLAY THE SPECIAL TREATMENT PUBLIC FACILITIES DISTRICT (ST-P) ON A PORTION OF ZONING MAP ZM-H200 (HANAPEPE) (ZA-2020-11) This Bill proposes to amend Zoning Map ZM-H200 (Hanapepe) to include the Port Allen Airport lands in the Special Treatment Public Facilities District, as it is a public facility at a location with significant cultural, historical, ecological, and recreational importance. Bill No. 2802 A BILL FOR AN ORDINANCE AMENDING ZONING MAP ZM-200 (ZA-2020-12) This Bill proposes to amend Zoning Map ZM-200 (in the Hanapepe Planning Area) from “Agricultural District” (A) to “Industrial District” (I-G) for a portion of Tax Map Keys (4) 1-7-006:003 and (4) 1-7-006:001 located within the ahupua’a of Makaweli. This change is proposed because portions of the State Land Use Urban Boundary in Makaweli that are within the Agricultural Zoning District have been dedicated to industrial uses for many decades and these industrial-use areas (which include the site of Olokele Sugar Mill) support agricultural processing and product development that continue to support Kaua’i’s economy. All interested persons who wish to present their comments may do so at the public hearing. Written testimony prior to the hearing would be appreciated. Written testimony can be submitted to the Office of the County Clerk, Council Services Division by mail, facsimile, or via E-mail to counciltestimony@kauai.gov. Copies of the Bills are available at the Office of the County Clerk, Council Services Division. (The Council Committee or Council may amend these Bills at their subsequent meetings. Meeting notices are posted at least six (6) days in advance at the County Clerk’s Office and the public may also testify at any of these meetings.) CERTIFICATE OF THE COUNTY CLERK I hereby certify that the foregoing Bills Nos. 2797, 2798, 2799, 2800, 2801, and 2802 were passed on first reading and ordered to print by the Council of the County of Kaua’i at its meeting held on August 5, 2020, by the following vote: AYES: Chock, Cowden, Evslin, Kagawa, Kuali’i, Kaneshiro TOTAL 6, NOES: None TOTAL 0, EXCUSED & NOT VOTING: Brun TOTAL 1*, RECUSED & NOT VOTING: None TOTAL 0. Lihu’e, Hawai’i /s/ Jade K. Fountain-Tanigawa August 5, 2020 County Clerk, County of Kaua’i *Beginning with the March 11, 2020 Council Meeting and until further notice, Councilmember Arthur Brun will not be present due to U.S. v. Arthur Brun et al., Cr. No. 20-00024-DKW (United States District Court), and therefore will be noted as excused (i.e., not present). 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 THE COUNTY CLERK, COUNCIL SERVICES DIVISION AT (808) 241-4188 OR COKCOUNCIL@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. (TGI1291151 8/12/20)