HomeMy WebLinkAboutsc 2022-3-22 Subdivision Committee_Agenda PacketPLANNING COMMISSION SUBDIVISION COMMITTEE ~F~~:VF”D
KAAINA S.HULL,CLERK OF COMMISSION GERALD AKO,CHAIR
MELVIN CHIBA,VICE CHAIR
FRANCIS DEGRACIA M~BEW~R 16
On November 29,2021,Governor David Y.Ige issued an Emergency Proclamation,which continued the
suspension of Hawaii Revised Statutes (HRS)Chapter 92,relating to Public Agency Meetings and F~cords (~[s~dy CL E ~
known as the Sunshine Law)as it pertained to the COVID-19 Response.HRS Chapter 92 was st ~nd~d~tp ~
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 Ige 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 Kauai Planning Commission Subdivision Committee 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.cjovlWebcast-Meetincis.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
pIanninqde~artment~.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”.
All testifier audio and video will be disabled until it is your turn to testify.
Per the Planning Commission’s and Chairs practice,there is three-minute time limit per testifier,
per agenda item.
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•LThu’e,Hawai’i 96766’(808)241-4050 (b)
An Equal Opportunity Employer
P12 :25
SUBDIVISION COMMITTEE TELECONFERENCE MEETING NOTICE AND AGENDA
Tuesday,March 22,2022
8:30 a.m.or shortly thereafter
ToJoin 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 Subdivision Committee
1.October 26,2021
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.
G.GENERAL BUSINESS MATTERS
1.None for this Meeting.
PLANNING COMMISSION SUBDIVISION COMMITTEE —MARCH 22,2022 PAGE 2
H.UNFINISHED BUSINESS
1.None for this Meeting.
NEW BUSINESS (For Action)
1.Preliminary Subdivision Map Approval Pursuant to Kaua’i County Code Chapter 9,
Article 3
a.Subdivision Application No.S-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),Kôloa,Kona,Kaua’i
1)Subdivision Report pertaining to this matter (see agenda packet).
2)Memorandum Number 1 to Planning Commission (see agenda packet).
3)Memorandum Number 2 to Planning Commission (see agenda packet).
2.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
1)Subdivision Report pertaining to this matter (see agenda packet).
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:
1.Preliminary Subdivision Map Approval Pursuant to Kaua’i County Code Chapter 9,
Article 3
a.Subdivision Application No.S-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),Köloa,Kona,Kaua’i
PLANNING COMMISSION SUBDIVISION COMMITTEE -MARCH 22,2022 PAGE 3
2.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
K.ADJOURNMENT
NOTE:IF YOU NEED AN AUXILIARY AID/SERVICE,OTHER ACCOMMODATION DUE TO A
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SOON AS POSSIBLE.REQUESTS MADE AS EARLY AS POSSIBLE WILL ALLOW ADEQUATE TIME TO
FULFILL YOUR REQUEST.
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PLANNING COMMISSION SUBDIVISION COMMITTEE —MARCH 22,2022 PAGE 4
1
KAUA‘I PLANNING COMMISSION
SUBDIVISION SESSION
October 26, 2021
DRAFT
The regular meeting of the Planning Commission Subdivision Committee of the County of
Kaua’i was called to order at 8:37 a.m., Microsoft Teleconference. The following
Commissioners were present:
Mr. Francis DeGracia
Mr. Ako
Mr. Chiba
The following staff members were present: Planning Department Director Kaaina Hull-Planning
Deputy Director Jodi Higuchi Sayegusa, Dale Cua, Kenneth Estes, and Planning Commission
Secretary Shanlee Jimenez; Office of the County Attorney – Deputy County Attorney Laura
Brazilai; Office of Boards and Commissions – Support Clerk Arleen Kuwamura
Discussion of the meeting, in effect, ensued:
CALL TO ORDER
Subdivision Committee Chair DeGracia: Called the meeting to order at 8:37 a.m.
ROLL CALL
Planning Director Kaaina Hull: Good morning, Chair Francis, it’s 8:37, I think we have
everybody in attendance.
Chair DeGracia: I’d like to call to order the Subdivision Committee meeting for Tuesday,
October 26, 2021, if we could have a roll call, please.
Mr. Hull: Roll call. Commissioner Ako
Mr. Ako: Here and by myself.
Mr. Hull: Commissioner Chiba
Mr. Chiba: Here by myself.
Mr. Hull: Chair DeGracia
Chair DeGracia: Here by myself.
Mr. Hull: You have a quorum Mr. Chair. Three Present.
2
APPROVAL OF AGENDA
Mr. Hull: Next would be the approval the agenda the Department doesn't have any
recommended changes to.
Chair DeGracia: Thank you. Is there a motion to approve the agenda?
Mr. Chiba: I move to approve the agenda.
Mr. Ako: Second.
Chair DeGracia: Thank you, the motion on the floor is to approve the agenda as is. All in Favor
signify by say? Aye. (Unanimous voice vote). Any opposed? Hearing None. Motion carried
3:0.
MINUTES of the meetings(s) of the Subdivision Committee
Mr. Hull: Next, we have the minutes. We've got a bunch of meeting minutes and are playing
catch up on. So, we have the meeting minutes for January 12, 2021, February 9, 2021, March 9,
2021, and April 13, 2021, a motion for each individual one, or as a whole group can be done
08:31:40 really at the discretion of the committee.
Chair DeGracia: Could we have a motion to approve the minutes.
Mr. Chiba: Okay, I moved to approve the Minutes of the Subdivision Committee Meetings,
dated January 12, 2021, February 19, 2021, March 9, 2021, and April 13, 2021.
Mr. Ako: Second.
Chair DeGracia: Thank you. Motion on the floor is to a approve the Subdivision Committee
Minutes for January 12,2021, February 19, 2021, March 9, 2021, and April 13, 2021. Any
discussion? Hearing none. All in Favor? Aye (Unanimous voice vote). Any Opposed? Hearing
none. Motion carried 3:0.
RECEIPT OF ITEMS FOR THE RECORD
Mr. Hull: Thank you Chair, we have no additional receipt of items for the record.
HEARINGS AND PUBLIC COMMENT
Mr. Hull: Hearings and Public Request, we did not get any request for oral testimony before the
Subdivision Committee.
GENERAL BUSINESS MATTERS (None)
3
UNFINISHED BUSINESS
Extension Request to Complete Improvements.
Subdivision Application No. S-99-49 Kulana Association of Apartment
Owners Kulana Subdivision 23-lot Subdivision TMK: (4) 4-3-011:001
Kapaa & Waipouli, Kawaihau, Kauai
Mr. Hull: So, we're moving into Agenda Item H.1, Extension Request to Complete
Improvement Subdivision Application No. S-99-49 Kulana Association of Apartment Owners,
Kulana Subdivision, 23 lot Subdivision. Tax Map Key: (4)- 4-3-011:001. Located in Kapaa &
Waipouli, Kawaihau, Kauai and I'll turn it over to Kenny for this Subdivision Report on this
matter.
Staff Planner Kenneth Estes: Morning Commissioners, I'll read the report for the record, or I'll
summarize the Report for the record.
Mr. Estes read the Subdivision Report for the record (on file with the Planning
Department).
Mr. Estes: Based on the forgoing circumstances, the applicants’ reasons are justifiable, and no
problems are foreseen in granting extension requests. The Department of Public Works and
Water have no objections to the request. It is recommended that an extension until September 13,
2022, to be graduate to complete subdivision improvements, where the development.
Chair DeGracia: Thank you, Kenny. Do we have any questions for the Department or the
planner?
Mr. Ako: Chair, I don’t have any. Thank you.
Chair DeGracia: Thank you. I have no questions at this time. Could we hear Here comments
from the applicants or applicant’s representative.
Ms. Laurel Loo: Morning Commissioners, Dr. Hall, and Kenny Estes. I'm Laurel Loo, the
attorney for this project, and with me on the phone and Mark Sullivan and Brad Rockwell who
are the Vice President and President respectively of the association. They've spent years, taking
care of all of the issues that have come up with this subdivision as you can see from the number,
we've been going through this for decades. And so now we're glad that we're finally at the tail
and last week the water department has accepted all conveniences. So, we're almost there, and
Brad, if you wanted to add anything, and let the Commissioners know we have. We really
appreciate it working with Kenny Estes, he has been a super help and super professional in
getting us through this process.
Mr. Brad Rockwell: Nothing much to add, just did want to highlight that as Laura mentioned
last week, the Department of Water at their board meeting did except 100% of the system. So,
that is now in the hands of the DOW, which is a huge milestone, and we really appreciate your
4
consideration of this extension requests. We don't think we're going to need the whole year
because we're so close, but obviously you know, deadline has passed so we just need a little bit
more time to, to wrap up what is mostly sort of an administrative and paperwork drill at this
point, because most of the physical work has been completed. So, we're fully funded to finish
with this remaining portion were even funded to do some of the non-county required
infrastructure like the KIUC cable polls we've already cut checks to KIUC and that those work
orders have been cut. And we're currently working with Spectrum on the communication
portion. I did just want; I did notice that there was a letter submitted by Mr. Bosshard and I just
wanted to quickly comment that we don't necessarily agree with Mr. Bosshard’s interpretation of
the CCNR’s. The CCNR’s. As I read them, clearly intend that this is an agricultural subdivision,
there's nothing in them whatsoever that indicates this is to be a gated community for any sort of
gentlemen estate. There's active farming occurring within Kulana right now. That said, we've
had one attorney an attorney with Laurel’s firm in Honolulu, that specializes in this area, take a
look, we're also getting a second attorney opinion, with respect to compliance with the State
Right to Farm Law. And we’ve, got a committee of owners working on some suggested changes
just because they are kind of dated, almost 20 years since those were written, but our intent is to
fully comply with State Right to Farm Laws, and so, I just wanted to mention that for the record.
Thank you, pending any questions. That's all I have.
Chair DeGracia: Thank you. Commissioners, any questions, or comments?
Mr. Ako: None for me, Chair.
Mr. Chiba: No, thank you.
Chair DeGracia: I just have one comment, Brad. Thank you for clearing up that one letter and
that concern. I'm much appreciated. And if we don't have any further comments or questions, I
would entertain a motion.
Mr. Chiba: Okay. I moved to grant and Extension until September 13, 2022, for subdivision
application No. S-99-49 Kulana Association of Apartment owners Kulana Subdivision.
Mr. Ako: I will second that.
Chair DeGracia: Thank you. Motion on the floor is to approve Extension Request Subdivision
Application No. S-99-49, until September 13, 2022. If we could have a roll call vote, please.
Mr. Hull: Roll call, Chair. Commissioner Ako?
Mr. Ako: Aye.
Mr. Hull: Commissioner Chiba?
Mr. Chiba: Aye.
Mr. Hull: Chair DeGracia?
5
Chair DeGracia: Aye.
Mr. Hull: Motion passes 3:0, Mr. Chair.
NEW BUSINESS (For Action)
Tentative Subdivision Map Approval.
Subdivision Application No. S-2022-1 (Inouye Family Trust, et.al.)
Proposed 2-lot Boundary Adjustment TMK: (4) 2-3-018:015 & 036
Kalaheo, Koloa, Kauai
Mr. Hull: Next, we have Agenda Item I., New Business I.1, Tentative Subdivision Map Approval
Subdivision Application No. S-2022-1, Inouye Family Trust, et.al. Proposed 2-lot Boundary
Adjustment TMK: 2-3-018:015 as well as parcel 036, located in Kalaheo, Kauai. Subdivision
Report pertaining to this matter will be turned over to Kenny.
Staff Planner Kenneth Estes: Morning Commissioners, I'll to summarize the report. The
proposed development redefining the boundaries between two existing lots within the county
residential R-4 zoning district, agricultural district, and open this year.
Mr. Estes read the Subdivision Report for the record (on file with the Planning
Department).
Mr. Estes: The Department is recommending Tentative Subdivision Approval.
Chair DeGracia: Thank you, Kenney. Commissioners, do you have any questions for Kenny or
the Department?
Mr. Ako: None for me.
Chair DeGracia: Is there anyone here for the applicants or is the applicant here to make any
comments or applicant representative.
Ms. Maren Arismendez-Herrerra: Good morning, Commission. My name is Maren
Arismendez-Herrerra from Esaki Surveying, on behalf of the applicants. We would like to
respectfully request for your approval. This is a boundary adjustment between the two lots,
there's an existing fence. But the owners have always agreed on that was a shared boundary. So,
the boundary adjustment will adjust the property line to reflect that. Thank you.
Chair DeGracia: Thank you. Commissioners, do we have any questions for the applicant’s
representative?
Mr. Ako: No.
6
Mr. Chiba: No.
Chair DeGracia: Hearing none. Okay, at this time I'll entertain a motion.
Mr. Chiba: I move to grant Tentative Subdivision Map Approval for Subdivision Application
No. S-2022-1.
Mr. Ako: I second.
Chair DeGracia: Thank you, Commissioners. Motion on the floor is to approve Tentative
Subdivision Map Approval for Application No. S-2022-1. Before we gave the vote are there any
discussions? Hearing none. If we could have a roll call vote, please.
Mr. Hull: Roll call, Chair. Commissioner Ako?
Mr. Ako: Aye.
Mr. Hull: Commissioner Chiba?
Mr. Chiba: Aye.
Mr. Hull: Chair DeGracia?
Chair DeGracia: Aye.
Mr. Hull: Motion passes 3:0. Mr. Chair.
ADJOURNMENT
Mr. Hull: With that, we have no further items on the agenda, Chair. We are ready for
adjournment at your discretion.
Chair DeGracia: Commissioners, could we have a motion to adjourn?
Mr. Chiba: I move to adjourn the meeting.
Mr. Ako: I Second.
Chair DeGracia: The motion is to adjourn the meeting. All in Favor signify by saying? Aye
(Unanimous voice vote). Any opposed? Hearing none. Motion carried 3:0.
Subdivision Committee Chair DeGracia adjourned the meeting at 8:47 a.m.
7
Respectfully submitted by:
_________________________
Arleen Kuwamura,
Commission Support Clerk
( ) Approved as circulated (add date of meeting approval)
( ) Approved as amended. See minutes of __________ meeting.
DEPARTMENT OF PLANNING
KA'AINA HULL.DIRECTOR
JODI A.HIGUCHI SAYEGUSA.DEPUT/DIRECTOR
DEREK S.K.KAWAKAMI,MAYOR
MICHAELA.DAHILIG,MANAGIMG DIRECTOR
SUMMARY
SUBDIVISION REPORT
Action Required by
Planning Commission:
Subdivision Permit No.
Name of Applicant(s)
Consideration of Subdivision Application No.S-2022-8 that involves a
two (2)lot consolidation and resubdivision into four (4)lots.
Application No.S-2022-8
BBCP KUKUI'ULA PARCEL X,LLC.ET.AL.
PROJECT INFORMATION
Map Title Kukui'ula Parcel X Subdivision,Phase II.Consolidation of Lots 10-A and 11-C of
Kukui ula Parcel X Subdivision and Resubdivision ofsaid Consolidation into
Lots 1 to 4,inclusive,and Designation of Easements A-l,A-2,S-l,PT-1 and R-
1 and Cancellation of Easement 13,being Royal Patent 6448,Land
Commission Award 5482 to Ino,being also,Portions of Royal Patent 4236,
Land Commission Award 5314 to Kapa,and Royal Patent 6714,Land
Commission Award 7714-B,Apana 2,to M.Kekuaiwa No.M.Kekuanaoa at
Koloa (Makai),Koloa,Kaua'i,Hawai'i.
Tax Map Key(s):2-6-015:010,011 Area:55.654acre5
Zoning:Residential District (R-10)/Resort District (RR-10)/Neighborhood
Commercial (CN)
State Land Use
District(s):
Urban General Plan
Designation:
Resort/Residential
Comm./Neighborhood
Center/Natural
AGENCY COMMENTS
COK Public Works pending
COKWater:pending
Other(s)
D State DOT-Highways:
State Health:
DLNR-SHPD:
pending
pending
EXISTING ROAD RIGHT-OF-WAY(S)
Road Name Existing
Width
Required
Width
Pavement
YES N0
Reserve
Ala Kalanikaumaka 60 feet 60 feet a
Lawa i Road 60 feet 60 feet a
a D
APPLICABLE FEES
Environmental ImpactAssessment (EIA)$750.00
Park Dedication $600.00
Appraisal Report Required N/A
^:.*.^*022
III.EVALUATION
The proposed subdivision consolidates two (2)existing lots and resubdivides into a total of
four (4)lots.The subdivision involves:
1)Lot 1 -A roadway lot that serves as the future east/west roadway serving Parcel X
and Parcel R with connection to Ala Kalanikaumaka;
2)Lot 2 -Consists of the parcel that was recently purchased by Kupono Resorts,LLC.via
the Parcel X Condominium Map.The lot is County Zoned Resort District (RR-10)and
Residential District (R-10).The applicant has represented that Kupono Resorts is
currently working on a master development and it is unclear as to whether the parcel
will befurthersubdivided;
3)Lot 3 -The remaining parcel that is owned by Kukui'ula Development Company,LLC.
and it is zoned Residential District (R-10);and
4)Lot 4 -It is the parcel that encompasses The Shops at Kukui'ula commercia!complex
and is County zoned Neighborhood Commercial (CN).
The intent of the proposal is to consolidate and resubdivide the subject properties to be
consistent with the boundary lines that are designated in the Parcel X Condominium Map.
A portion of the property is within the Special Management Area (SMA).Any new
"development",as defined in Section 1.4 ofthe SMA Rules and Regulations ofthe County of
Kaua'i,may require an SMA Permit and if so,the applicant is subject to all applicable
requirements/conditions ofthe permit.Further,a portion of Roadway Lot 1 is within the
Special Management Area.The Applicant has obtained a Special Management Area Minor
Permit (SMA(M)-2022-7)with the Planning Department to develop a roadway and other
related improvements.In considering the subdivision,the Applicant is subject to the
applicable requirements of the SMA permit.
The Applicant should also be made aware that the proposal is subject to the requirements
associated with the Ka Pa'akai O'Ka'aina Analysis.This requirement is required by law to fulfill
the constitutional duty to preserve and protect traditional customary native Hawaiian rights
and resources.
It should also be noted that the Public Path and Trails Exhibit dated October 2020 shows the
proposed subdivision as part of the trail system within the planned community.The applicant
will need to work with the Planning Department to address the provision of public access.
IV.RECOMMENDATION
2 1 Page
S-2022-8;Subdivision Report
BBCP Kukuiula Parcel X LLC,ET,AL,
02.08.2022
TENTATIVE APPROVAL FINALAPPROVAL
EApproval
Q Denied
Q Approval
D Denied
Tentative Approval subject to all requirements
as noted on the follow pages:
All conditions have been complied with
SA^^^^Z-
(/u 2-24-2022
(irectorofPlanning Date Director of Planning Date
V.AGENCYREQUIREMENTS
1.Requirements of the Planning Department:
a.An updated preliminary title report for the existing lot shall be submitted to the
Planning Department for review.
b.All existing and proposed easements,if any,shall be identified in the deed
descriptions of the affected lots;draft copies of which shall be submitted to the
Planning Department for review and approval.
c.Pursuant to Ordinance No.PM-2004-370,the Applicant is allowed to credit
Environmental Impact Assessment and Park Dedication fees for developments
within their Project Area.Since the Applicant has not resolved with the Planning
Department whether they will pay fees or provide improvements for credit,the
following fees are being assessed:
1)An Environmental ImpactAssessment FeeofSeven Hundred Fifty Dollars
($750.00)shall be paid to the County of Kaua'i;and
2)An Park Dedication Fee ofSix Hundred Dollars ($600.00)shall be paid to the
CountyofKaual,
The Applicant shall resolve with the Planning Department the method that will be
utilized to satisfy these fee requirements prior to final subdivision approval.
d.Relative to Condition No.l.c.and prior to final subdivision map approval,the
Applicant shall meet with the Planning Department to resolve the applicable
requirements of Ordinance No.PM-2004-370.Specifically,the following conditions
shall apply to this subdivision:
Conditions ofOrdinance No.PM-2004-370:
o 3.(prohibition ofAdditional Dwelling Units)
o 7.(improvements to roadway system)
o 14.(EIA credit)
o 15.(recreation)
o 16.(park dedication credit)
o 23.(wastewater system master plan)
o 27.(solidwastemanagementplan)
31Page
S-2022-8;Subdivision Report
6BCP Kiikuiula Parcsl X LLC.ET.AL.
02.08.2022
o 30.(blasting plan)
Pursuant to Section 9-2.3 (g)(3)(D)ofthe Subdivision Ordinance,Kaua'i County
Code (1987),streets that are a continuation of an existing street shall be given the
same name as the existing street.Proposed roadway Lot 1 will be a continuation of
Kaulu Street,an existing roadway that was previously created through Subdivision
Application No.S-2005-25 (Kukui'ula Parcel Y Subdivision).Lot 1 shall bear the same
and will be shown on the final subdivision map.
In addition and prior to final subdlvision approval,the Applicant shall submit 12 copies
of a map that shows the extension of roadway to Kaulu Street.The map should be
detailed such that emergency vehicles,police services,postal deliveries,etc.,are able
to locate the street.References to roadway,such as the highway and other
surrounding roads,should be shown on the street-naming map.
Relative to Condition l.e.,the Applicant shall consider developing the existing
easement on the neighboring lot (Lot 11-B)to provide a through road connection to
Kaulu Street from Ala Kalanikaumaka that would serve as a secondary access for
ingress/egress ofthe Kukui'ula Development project area.
The Subdivider shall comply with the requirements in Section 9-2.3(e)of the Kaua'i
County Code (1987)relating to the provision of curbs,gutters and sidewalks along
roadway Lot 1.The extent of improvements shall be resolved with the Planning
Department and Department of Public Works prior to final subdivision map
approval.
h.The Applicant shall prepare and obtain construction plan approvals for necessary
road,water,drainage,electrical and telephone utilities and facilities,and either
construct the same or post a surety bond for completion.
i.Prior to final subdivision map approval,the Applicant shall work with the Planning
Department and Department of Public works to establish vehicular access to
proposed Lot 3 for its future development.It is the department's preference that
access to Lot 3 be obtained from roadway Lot 1 and through Lot 2.
Additionally,there shall be no vehicular access onto Lawa'i Road from proposed Lot
3.However,if it is determined that future development of Lot 3 will require access
from Lawa'i Road,accessshall be permitted onlyfor ingress/egress ofa roadway
for the development.The Applicant shall resolve this matter prior to final
subdivision map approval.
j.Relative to the requirements/standards setforth in Ordinance No.777,the
Applicant shall resolve with the Planning Department the provision of public access.
The subdivider shall incorporate the features of the Conceptual Trail Master Plan
(dated April 2004)within the project area,if applicable.The access plan shall be
4 1 P age
S-2022-8;Subdivision Report
BBCP Kukuiula Parcel X ILC.ET,AL
02,08.2022
reviewed and approved by both the Planning and Parks &Recreation Departments.
Furthermore,proper documents shall be prepared and ready for execution prior to
finalsubdivision approval.The Planning Department reserves the rightto impose
additional conditions relating to this matter while in the process of resolving this
condition.
k.The Applicant shall estabtish bus stops/shelters pursuant to Ordinance No.406.The
details shall be resolved with the Planning Department and Department of Public
Works priorto construction plan approval.
I.The Applicant shall identify on the final subdivision map whetherthe proposed lots will
be utilized for Transient Vacation Rental (TVR)purposes.If so,the total amount of the
lots within the Kukui'ula Parcel X,Phase 2 Subdivision,shall be counted towards the
total amount approved through Ordinance No.PM-2004-370.
m.The subdivider is informed that a portion ofthe subjert property is located within the
Special Management Area (SMA).Additional lots within the SMA or any new
Development/as defined inSection 1.4oftheSMARules and Regulations ofthe
County of Kaua i,may require an SMA Permit and if so,the appticant is subject to all
applicable requirements/conditions ofthe SMA Permit.
Additionally.theApplicantshall besubjecttoall applicable requirements ofSpedal
Management Area Minor Permit SMA(M)-2022-7.These requirements shall be
satisfied prior to final subdivision approval.
n.The applicant shall depict with a dotted line on the final subdivision map zoning lines
delineating the boundaries between each County Zoning District as shown on the
"Kukui'ula South Shore,Kaua'i,Zoning Refinement Area Map".The Applicant shall
work with the Planning Department prior to final subdivision approval.
o.Pursuant to Section 9-3.8(b]of the Subdivision Ordinance,Kaua'i County Code
(1987),the Applicant shall submit to the Planning Department an electronic record
(digitized format)of the final subdivision map(s)on disk for record keeping
purposes prior to final subdivision approval.
p.In Ka Pa'akai O Ka'aina v.Land Use Commission,the Hawai'i Supreme Court
established a three-part analytical framework to fulfill the constitutional duty to
preserve and protect traditional and customary native Hawaiian rights and
resources while reasonably accommodating competing private interests.Prior to
final subdivision approval the Applicant shall describe the actions taken and
examination conducted to analyze the following:
1)Identify whether any valued cultural,historical,or natural resources are
present within the project area,and identify the extent to which traditional and
customary Native Hawaiian rights are exercised.This part may include but not
be limited to the following analyses:
5|Page
S-2022-8;Subdivision Report
BBCPKukuiula ParcelXLLC.ET.AL
02.08.2022
2.
3.
4.
o Descrjbe the project area in relation to traditional and customary practices
that occurred in the region or distnct.
o Describe the extent that traditional and customary practices were practiced
in the ahupua'a and project area.
o Describe the communitv members you consulted with including their
genealogical ties/long-standing residency,and relationship to region,
ahupua'a and project area.
o Describe the Land Commission Awards provided on the property?
o Describe the prior archaeological studies that were conducted for the
property.
o Are you aware ofany resources thatfound anyevidence ofsubsurface
habitation or excavation on the property?
o Does the property contain any evidence that trails were in existence on the
property?
o Have any individuals ever requested access to the property for any reason?
2)Identify the extent to which the identified resources and rights will be affected
or impaired by the proposed project.
3)Specify any mitigative actions to be taken to reasonably protect native
Hawaiian rights iftheyarefound to exists.
Requirements of the Department of Public Works (DPW):
a.The subdivider shall comply with the requirements of the Department of Public
Works,ifany,priortofinalsubdivisionapproval.Thesubdividershall be notified upon
receipt of their report.
Requirements of the Department of Water (DOW):
a.The subdivider shall comply with the requirements of the Department of Water,if
any,prior to final subdivision approval.The subdivider shall be notified upon receipt
oftheirreport.
Requirements of the Department of Health (DOH):
a.The subdivider shall comply with the requirements of the State Department of
Health,ifany,priorto final subdivision approval.Thesubdividershall be notified
upon receipt of their report.
6 1 Pag e
S-2022-8;Subdivision Report
BBCPKukuiu laParcelXLLC.ET.AL
02.08.2022
5.Requirements of the State Historic Preservation Department (SHPD):
a.The subdivider shall comply with the requirements of the State Historic
Preservation Department,if any,prior to final subdivision approval.The subdivider
shall be notified upon receipt of their report.
6.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.
7.The Applicant is advised that prior to and/or during construction and use additional
conditions may be imposed by government agencies.Should this occur,the applicant
shall resolve these 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 MARCH 8,2022 whereby the entire record should be considered prior to 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 staff's report and recommendation as provided herein.
(ENNETH A.ESTES
Planner
7 1 Pag e
S-2022-8;SubdivisionReporl
BBCP Kuhlliula Parcel X LLC.ET.AL,
02.08.2022
&E A '"
'pARki'
VICINITY MAP
N.-:Lj£ale
KUKUI'ULA PARCEL X SUBDIVISION,PHASE II
CONSOLIDATION OF LOTS 10-A AND 11-C
OF KUKUI'ULA PARCEL X 5UBDIV!S!ON
AND RE5U8DIV!SiON OF SAID CONSOLIDAT10M INTO
LOTS 1 TO 4,INCLUSIVE,
AND OESIGMATION OF EASEMENTS A-1,A-2,5-1,PT-1 AND R-1
AN&CANCELLATION OF EASEMENT 13
BEING ROYAL PATENT 644S,LAND COMhliSS!ON AWARD 5482 TO INO,
BEING ALSO,PORTIONS OF ROYAL PATENT 4256,
LAND COMUISSION AWARD 5314 TO KAPA,
AND ROYAL PATENT 6714,LANO COMMISSION AWARD 7714-6,APANA 2,
TO M.KEKUAIWA N0 M.KEKUANAOA
AT KOLOA (MAKAI),KOLOA,KAUAI.HAWAIt
TOTAL AREA:55.654 ACRES
wKunu
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KXISTING EASEMENTS
/:\HH(^0-AtB nNlWA ffMCa..X 6CHHftft#^iyWWJtA NUtCBL X AUI
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COUNTY OF KAUA'I
PLANNING DEPARTMENT
4444 RICE STREET,SUITE A473 LlHU'E,HAWAI'I 96766
(808)241-4050
SUBDIVISION APPLICATION ROUTING FORM
DATE:January 20,2022
Subdlvislon Map Revtew and Approval
REQUEST:
|S Prellmlnary
Q Pre-Flnal
Q Flnal
Q Extenston
SUDIVISION APPLICATION N0:Subdivision Permit N0.S-2022-8,
Owner(s)/Applicant(s):BBCP Kukui'ula Parcel X,LLC.Et.Al.
NameofSurveyor/Engineer/AuthorlzedAgent:|Chris Rivera
Tax Map Key:TaxMapKey:(4)2-(.015:10andll |Assigned to:|Kenny
Improvements;
Route To:
COMMENTS (CommentDue Date:2/19/2022):
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PLANNING DEPARTMENT
iWKf-STREET.SUITE A473 LIHU'E,HAWAI-I 96766
>LI!'-t'1-(808)241-4050
SUBDIVISION APPLICATION ROUTING FORM
DATE:January 20,2022
Subdivision Map Review and Approval
REQUEST:
^]Preliminary
Q Pre-FinaI
Q Final
n Extension
SUDIVISION APPLICATION N0:Subdivision Permit N0.S-2022-8,
Owner(s)/Applicant(s):BBCP Kukui'ula Parcel X,LLC.Et.Al.
Name of Surveyor/Engineer/Authorized Agent:I Chris Rivera
Tax Map Key:TaxMapKey:(4)2-6-015:10and 11 |Assigned to:|Kenny
Improvements:
Route To:
COMMENTS (Comment Due Date:2/19/2022 ):
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DEPARTMENT OF PLANNING
KA'AINA HULL,DIRECTOR
JODI A.HIGUCHI SAYEGUSA,DEPUTY DIRECTOR
DEREK S.K.KAWAKAMI,MAYOR
MICHAELA.DAHILIG,MANAGING DIRECTOR
MEMORANDUM N0.1 TO
SUBDIVISION COMMITTEE
RE:
Applicant:
Subdivision Application No.S-2022-8
Kukui'ula Parcel X,Phase 2 Subdivision
BBCP Kukui'ula Parcel X,LLC.Et.Al.
ADDITIONALFINDINGS
Attached for the Planning Commission s reference are public testimony concerning the above
referenced subdivision:
*Correspondence from Alex Stoddards received March 6,2022.
•Correspondence from Elizabeth Okinaka received March 6,2022.
•Correspondence from Elizabeth Lindsey received March 7,2022.
•Correspondence from Roslyn Cummings received March 7,2022.
(neth A.Estes
StaffPlanner
Date:3.;fe.2<a.2.
Planning Commission Meeting
March 22,2022
From:
Sent:
To:
Subject:
Alex Stoddards <alexkstoddards@gmail.com>
Sunday,March 6,2022 1:41 PM
Planning Department;Kaaina Hull
Oppose Application S-2022-8 Kukui'ula Proposed Subdivision Action
CAUTION:ThisemailoriginatedfromoutsidetheCountyofKauai.Do notclick links oropen attachmentseven ifthe
sender is known to you unless it is somethlng you were expecting.
Aloha Planning Commission,
1 OPPOSE The Subdivision Application S-2022-8 re TMK's 2-6-015;010,011 as it is proposed by BBCP Kukui'ula Parcel X
LLC.
There are outstanding questions such that even a tentative approval is not correct.
1)LAWAI ROAD ISSUE
In the Agenda Packet item 'i'appears the following notation;
"There shall be no vehicular access onto Lawai Road from proposed Lot 3.However,if it is determined that future
development of Lot 3 will require access from Lawai Rd,access shall be permitted only for ingress/egress of a
roadway far the development.
This shall be decided prior to final subdh/ision."
This is entirely contradictory.
-It seems to say that there 'Shall be No vehicijlar access (ie.that it is prohibited),UNLESS the Developer at some tlme in
the future wants access (In which case it would be allowed).'
Atthe last hearing on parcels contiguous wlth LawaiRoad itwasmadecleartherewould NOTbeaccesstoLawai Road,
nowthis sounds like it opens the doorto traffic from the resort.
-It should not be given any go-ahead until this is decided.
Lawai Road is a historic roadway leading to the historic Kukui'ula Boat Harbor that existed hundreds of years before
the resort.
-Yet somehow the resort appears to wish to begin the process of annexation as it looks to have thoroughfares to Lawai
andthe Harbor,a location that local people have usedforflshlng,gathering,ceremonyforcenturies.
It shoufd not be allowed
2)KA'PA'AKAI REQUIREMENT NOT MET
Just as with the Feb meeting,this Subdivision Application omits any records describing how the developer has achieved
the Ka'Pa'akai requirement.
It appears the Plannlng Commission gave the last Subdivision Applicatlon a 'Pass'at the Feb Meeting with some
extended discussion about the importance ofthis regulation to keep out culture alive.But the Commisston did not
uphold the requirement.
There is N0 REASON for the Commission to continuetoappraveapplicationssuchasthisonethathave made no
attempt to reach out to the Cammunity to asertain significance ofthe area to preserve Natlve Hawaiian culture.
These Subdivision applications continue to pour in -to make money for the developer.
-In this case Brue Baukol Capital Partners -a development group focused only on shareholder returns.Yes they've
partnered w a locat builder,Not suffident.
It is in your hands how this island develops and thus far all we have seen are approvals and more approvals without a
singleconcernforthe longerterm impactsofthisonthecultural preservationoftheisland.Itappearswearemoving
everdosertoKaualbecomingthe nextMaui-and weallsee howthis is working out for them there,notwell.
Mahalo for your time
AlexS
From:
Sent
To:
Cc:
Subject:
Elizabeth Okinaka <elizabeth.eolakakouhawaii@gmail.com>
Sunday,March 6,2022 9:58 PM
Planning Department
Alan.S.Downer@hawaii.gov;Susan.A.Lebo@hawaii.gov;aaron_nadig@fws.gov;Council
Members;Mayor
OPPOSE Subdivision Application S-2022-8 CTMK 2-6-01 S;010,01 1)
CAUTION:Thls 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.
Atoha Kauai Planning Commission,
1 Oppose subdivision application S -2022-8
l-1ere we are again third month in a row this same developer has been on the subdivision agenda.
Please keep in mind your choices today will affect numerous future generations,you have a role and
responsibility as a Planning Commission memberto thoroughly and accurate ensure thatthese
developments be held to conditions they MUST abide by.
PlanningCommission Role:
The Planning Department advises the Mayor,Planning Commission,and the County Council on plannlng and
land use matters for the County af Kauai.The Department Is also responsible for the administration and
enforcementoftheZoningand Subdivision Ordinances,aswell asthe County's planningprogram,which
includes long-range and regulatory policy documents like the General Plan and Comprehensive Zoning
Ordlnances.
1 real'yhaveto wonder what each ofyouseeforthefuture ofKauai?WiththechoicesourCountyand
Planning Commission is making there will no local community left soon.How can you guys possibly
keep this up and feel ok knowing,the Local Community is suffering?
Take it upon each yourself's to do more,research the existing agreements and make site visits.Try
bringing your kids or grandkids to the beach anywhere near here.Id like to know how The County
even can foresee adding hundreds of more homes and condos to an already over congested area,Ifs
verysaid to say just 10 years ago we had a PlanningCommission thatwould help to protectthe local
community and neighborhoods.
Kukuiula is a monster 1,000+acre development with N0 local housing,on the island of Kauai.They
are requesting yet another re-consolidation and subdivision for more oftheir multi million dollar
homes and new "luxury boutique hotel"-exactly what we need right?-NOT
Kukuiula originally planned by A&B (Alexander &Baldwin).They have dispossessed thousands of
acres of land from kanaka families and the county is helping by signing agreements and taking measly
payout from many developers.We also have countless ex Kauai County Attorneys NOW working for
developers,Kukuiula being no different.
The local community gets more affordable housing"where our children don't even have yards to
play in.No matter how long the families pay rent here they will never own the land.The local
community is being forced into small apartments while living a servitude lifestyle forced to cater to
the rich and elite.The hotels are the newsugar plantation.
Of course Kukuiula was originally approved promising entire [ocal subdivision of homes we could own,
of course that never happened.Approved in 1989-TIMES HAVE CHANGED
See 1989 approval here:
httD;//oeac2.doh.hawaii.eov/EA EIS Archive/1989-04-DD-KA-FEIS-Kukuiula-Planned-Community.pdf
Kukuiula was recently sold to BBCP-Brue Bacol Capital Partners.They have been on the Planning
agenda everymonth sofarin 2022forvariousareas ofthe 1,000+acres they claim to own.
Thisland has manysignificantburial sites,caves,lava tubes andcaverns.AWa'a (canoe)with burial
has been desecrated here along with countless other burials and caves.One cave here is used as a re-
internment site,with no proper protocol.ltalsoholds2endangered speciesfoundnowhere elsein
theworld,the Koloa CaveSpiderand Koloa CaveAmphipod.Thelastoftheirremaininghabitatis
quickly beingdevelopedon.
March 8th 2022 Kauai Planning Cpmmission will yet again be hearingBBCP's request that will affect
well over 100+acres of land.
Kukuiula ownersBBCP havefailedto conductanylegitimatesurveys and consultanycultural
practitioners or concerned community members.SH PDactuallytold Kukui'ula in Feb 2022 per the Ka
Pa'akai Analysis they wouldhave to consult the local community.
Once again Cultural Surveys Hawaii has claimed "No Cultural Significance"on hundreds ofacres of
land.
ThesamecompanythatconductedafraudulentEISreportata nearbysitewith known burialsand
other culturally significant site plus countless other nearby developments.
Lawai Road Issue-agenda states:
"There shall be no vehicular access onto Lawai Road from proposed Lot 3.However,if it is
determined that future development of Lot 3 will require access from Lawai Rd,access shall be
permitted only for ingress/egress of a roadway for the development.
This shall be decided priortofinal subdivision."
This is entirely contradictory.Lawai Road is a Historic Roadway leading to the Koloa Boat Harbor.
2.)KA'PA'AKAI REQUIREMENT NOT MET
-workers on sites as recently as of yesterday,
Planning Commission gave BBCP ok last Subdivision at Feb Meetlng to continue work with some
extended discussion about the Analysis and survey be conducted ASAP.
SHPD:
1 has still NOT been contacted for any member of our non profit for EIS or Ka Pa'akai Analysis.
Machines were onsight as recently as Saturday March 6th,2022.This developers has requested
hundreds of acres to be subdivided for development just this year alone!
Burial/Lineal descent forms have been filed here.This area is very culturally significant.
Kauai Planning Commission did not uphold the requirement.
1 am requesting a copy ofThe agreement between USFWS and BBCP.1 would also like to push for
more studies and protection for these endangered species found N0 WHERE else in the world.
I am so disappointed in the Kauai Planning Commission and County.Who is protecting the future
generations?
Mahalo for your time.
Citations:
httD://oeac2.doh.hawaii.eov/EA EIS [.ibrarv/1998-08-DD-KA-FSEIS-Kukuiula-Bav-Resort.Ddf
htto://oeac2.doh.hawaii.eov/EA EIS Archlve/1989-04-DD-KA-FEIS-Kukuiula-Planned-Communltv.odf
httos://ecos.fws.Bov/ecD/soedes/7l22
https://kukuiula.com/wo-content/uoloads/2014/03/Kukuiula-Revised-Master-Disclosure-Statement-ll-25-131.Ddf
httBs;//luc.hawaii.Bov/WD-content/UDtoads/2014/02/A93-696-ann-rDrt-2017.odf
https://www.financedta.com/bloe/countv-of-kauai-kukuiula-hi/
httc)S://luc.hawali.Bov/WG-content/UDloads/2014/02/2014-ANNUAL-REPORT-A93-696-KUKUIULA-DEVELOPMENT-
COMPANY-HAWAII-LLC 20141204110133.pdf
httDS://www.aooRle.com/amD/s/www.staradvertlser.com/2021/ll/12/brea kl ne-news/alexander-baldwin-oa rtnership-
sells-kukulula-on-kauai/amo/
https://investor5.alexanderbaldwln.com/2002-04-25-A-B-Accelerates-KukuiUla-Develooment-Secures-JV-Partner-DMB-
Associates-Brines-Caoital-ExDerience-ta-This-Kauai-Proiect
Elizabeth Okinaka
£Ofa Kakou Howaii 501C3
From:
Sent:
To:
Subject:
Elizabeth Lindsey <lindseybitta@gmail.com>
Monday,March 7,2022 8:24 AM
Planning Department
IOPPOSEthesubdivisionapplicationS-2022-8re.TMK 2-6-015,010,011 as proposed by
BBCP kukuiula parcel X LLC
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.
1 OPPOSE the subdivision application S-2022-8 re.TMK 2-6-015,010,011 as proposed by BBCP kukuiula parcel X LLC.
1 directly and strongly oppose S-2022-8,see items listed below:
-The landwithintheboundariesoftheaboveTMKare reservedfor LCA helrs honoringthealodialtitle ofthe property.
-Any development ofthese lands threaten the fragile life of native species Koloa cave spider and Koloa Cave Amphipod,
found no where else in the world.
-The proposed subdivisionis notforthebenefitofKauai orthelocalcommunity,and wlll cause more damage to the
island in the future.
-There is a deficit of proper cultural and environmental impact surveys.This land is not suitable for any development.
-Subdivlslons,such as the proposed,are more suitable in places on the continental/mainland US.This subdivision will
not be built on Kauai.
Mahalo.
From;
Sent:
To:
Subject
Roslyn Cummings <roslyncummings@ymail.com>
Monday,March 7,2022 9:40 AM
Planning Department
S-2022-STMK (4)2-6-015 :10 &11
CAUTION:This email originated from outsidetheCountyofKauai.Do not click finks or open attschments even ifthesendens known
to you unless it is something you were expecting.
Aloha e
Kou Inoa Manawaiakea
Asa kindredto burialsofthosewhoare kanu intheKukLiiuladevelopmentlopposeanypermitofprajects.Thecounty
of kauai has a flduciary duty to protect in private.I'm here to command that everyone who took oath to office uphold
the United States Constitution Artlcle 6 Section 2 Per state regulations.Section 106 Federal law.
Article 6 Sertion 2 common law,law of the land.
Not only are these plans detrimental to our ancestral burials;our most prized possession.They are also a direct
impact.The Department ofthe Interior created The Office of Native Hawalian Relations to serve as a lialson with the
Native Hawallan Community and work with the Department's.
All agendes must know the following
S-tatutes,codes,policies,rules,etc...ARE NOT laws,read it foryourself......
A "STATUTE"is NOT a lawl -Flournoy v.Flrst National Bank of Shreveport,197 LA 1057-3 So.2d 244,248.
A "CODE"is NOT a law!-In Re Self v.Rhay,Wn 2d 261,in point of fact in law.
Aconcurrent or "jolnt resolution ofthe legislature is NOT "law".Knowing v.Flynn,258 N.Y.292,179 N.E.705,707,Ward
v.State,176 OKL,368,56 P.2d 136,137;State ex rel.Todd v.Yelle,7 Wash,2d 43,110.P.2d 162,165.
?TATUTE.Black's Law Dictionary,4th Edition.The writing will ofthe legislature solemnly expressed according to the
forms prescribed in the constitution;an act of the legislature.
U.S.SUPREME COURT DECISION -"The common law is the real law,the Supreme Law ofthe land,the codes,rules,
regulations,policy and statutes are "not the law".Self v.Rhay,61 Wn (2d)261.
U.S.SUPREME COURT DECISION -"All codes,rules,and regulations are for government authorities ONLY,not
human/Creators in accordance with God's Laws.All codes,rules and regulatlons are unconstitutional and lacking due
process..."-Rodriques v.Ray Donavan,U.S.Department of Labor,769 F.2d,1344,1348 (1985).
U.S.SUPREME COURT DECISION -1796 -'There,every man is independent ofall laws,except those prescribed by
nature.He is not bound by any institutions formed by his fellowman without his consent".Cruden v.Neale,2 N.C.338
(1796)2 S.E.This decision has never been overturned:
"There are no Judlcial courts in America and have not been since 1789."Judges"do not enforce Statutes and
Codes.Executive Admlnistrators enfarce Statutes and Codes.-FRC v.GE,281 U.S.464 Keller v.Potomac Eiec.Co.,261
u.5.42815tat.138-178".
"There have NOT been any "Judges"in Amenca since 1789.There have only been Administrators.-FRC v.GE,281 U.S.
464 Kellerv.Potomac Elec.Co.,261 U.S.428 1 Stat.138-178".
"TheSupremecourthaswarned,"Becauseofwhatappearsto be Lawful commands {Statutory Rules,Regulationsand
Codes-OrdlnancesandRestrictions}onthe surface,many dtizens,becauseoftheirrespectforwhatappearsto belaw,
are cunningly coerced into waiving their rights,due to ignorance...{deceptive practices,constructive fraud,barratry,legal
plunder,conversion,and malicious prosecution in inferior administratlve State courts}".-United States v.Minker,350
U.S.179,178,76,S.Ct.281,L.Ed.185 (1956).
"The Common Law is the real law,Supreme Law of the land.The codes,rules,regulations,policy and statutes are "not
the law".(Self v.Rhay,61 Wn 2d 261),They are the law of government for internal regulations,not the law of man,in
hls separate but equel station and natural state,a soverelgn foreign with respectto government generally.
"A concurrent or "joint resolution"of legislature in not "Law",(Koenig v.Flynn,258 N.Y.292,179 N.E.705,707:Ward v.
State,176 Okl.368,56 P.2d 136,137:State ex rel.Todd v Flynn,7 Wash.2d 443,110 P.2d 162,165).All codes,rules,and
regulations are for government authorities only,not human/Creators in accord with God's Laws,"All codes,rules,and
regulations are unconstitutional and lacking due process of law.."(Rodriques v,Ray donavan,U.S.Department of Labor,
769 F.2d 1344,1348 (19B5):...lacking due process of law,in thatthey are "void for ambiguity"in theirfailure to specify
the statutes applicabillty to "natural persons",otherwise depriving the same of fair notice,as their constitution by
deflnitionoftermsaptly identlflestheapplicabilityofsuchstatutesto "artificialorfictionalcorporateentitiesor
"persons",creatures of statute,or those by contract employed as agents or representatives,departmental subdivisions,
offices,and propertyofthe government,butnotthe "Natural Per5on"orAmerican citlzen Immune from such
jurisdictlon of legalism".
A "Statute is not a Law",(Flournoyv,First Nat.BankofShreveport,197,La.1067,3 So.2d 144,148).
A "code"or Statute is not Law",(Flournoy v.flrst Nat.Bank of Shreveport 197,La 1067,3 So.2d 244,248).
A"Code is not a Law",(In Re Selfv.Rhay Wn 2d 261),In point offact in Law)".
By approving these plans and continuing to adhere
to the constitutional obligations of one party or entity and not the other.The county of Kauai and every individual
officerisliable under
For 1 have an affidavit oftruth caliming all land as a lineal descendant,kindred.
•Sectlon 242 ofTitle 18 makes it a crime for a person acting under color of any law to willfully deprive a person of
a right or privilege protected by the Constitution or [aws of the Unlted States.For the purpose of Section 242,
acts under "color of law"include acts not only done by federal,state,or local officials within their lawful
authority,but also acts done beyondthe boundsofthatofficial's lawful authority,iftheactsaredonewhilethe
offlcial ispurportingtoorpretendingtoactinthe performanceofhis/heroffidal duties.Persans arting under
color of law withln the meaning ofthls statute include police officers,prisons guards and other law enforcement
officials,aswellasjudges,care providers in public health fadlities,andotherswhoareactingaspublicofficials.
It is not necessary that the crime be motivated by animus toward the race,color,religion,sex,handicap,familia!
status or nattonal origin ofthe victim.
The offense is punishable by a range of imprisonment up to a life term,or the death penalty,depending upon
the circumstances ofthe crime,and the resulting injury,ifany.
TFTLE 18,U.S.C.,SECTION 242
Whoever,under color of any law,statute,ordinance,regulatlon,orcustom,wllffully subjects anyperson In anyState,
Territory,Commoriwealth,Possession,or Dlstrict to the deprlvatlon of any rights,prwlleges,or Immunlties secured or
protected by the Constitution orlaws of the United States,...shall beflned under this tltle or imprisoned not more
than one year,or bath;and ifbodlly tn/ury resultsfrom the acts committed in violation of thls section or ifsuch acts
indude the use,attempted use,or threatened use ofa dangerous meapon,exploslves,orfire,shall befined under thls
tltle or Imprlsoned not more than ten years,or both;and ifdeath results from the acts committed in violation of thls
section or if such acts Include Iddnapping or an attempt to kidnap,aggravated sexual abuse,or an attempt to commit
oggravoted sexuol obuse,or an ottempt to kill,shall befined under this tftfe,or Smprisoned for any term ofyeors or
/or llfe,or both,or may be sentenced to death.
•
An affidavit with the alodial title of these lands
Unequivocal right ofownership
COMMITTING A WAR CRIME
Aloha No
Manawaiakea
DEPARTMENT OF PLANNING
KA'AINA HULL,DIRECTOR
JODI A.HIGUCHI SAYEGUSA,DEPUTY DIRECTOR
DEREK S.K.KAWAKAMI,MAYOR
MICHAELA.DAHIUG,MANAGING DIRECTOR
MEMORANDUM N0.2 TO
SUBDIVISION COMMITTEE
RE:
Applicant:
Subdivision Application No.S-2022-8
Kukui'ula Parcel X,Phase 2 Subdivision
BBCP Kukui'ula Parcel X,LLC.Et.Al.
ADDITIONALFINDINGS
Attached for the Planning Commission s reference are public testimony concerning the above
referenced subdivision:
•Correspondence from Councilmember Felicia Cowden received March 7,2022.
*Correspondence from Aston Reid received March 1,2022.
fnneth A.Estes
StaffPlanner
Date:5.)L».2.0Z2.
Planning Commission Meeting
Morch 22,2022
From:
Sent:
To:
Cc:
Subject:
Attachments:
Darrellyne Caldeira
Monday,March 7,2022 12:55 PM
Planning Department
Felicia Cowden;Jade Tanigawa;Scott Sato;Jenelle Agas
Testimony Letter to Planning Commission re Kukuiula
Testimony Letterto Planning Commission re Kukuiula.pdf
Aloha ChairAkoand MembersofthePlanningCommission,
Attached is a testimony from CoundlmemberCowden.Should you have any questions,pleasefeel freeto contact herat
(808)241-4188.
Thank you,
OfBce ofthe County Clerk
CourLcil Services Division
4396 Rice Street,Suite 209
Uhu'e,Hawail 96766
COUNTY COUNCIL
Anyl Kaneshiro,Chair
Mason K.Chock,Vice Chair
Bemard P.Carvalho,Jr.
Felicia Cowden
Bill DeCosta
LukeA.EvsIin
KipuKai Kuali'i
OFNCE OF THE COUNTY CLERK
Jade K.Fouatain-Tanigawa,County Clerk
Scott K.Sato,Deputy County Clerk
Telephone;(808)241-4188
FacsimUe:(808)241-6349
E-mail:cokcouncil@lcauai.gov
Coundl Services Divisioii
4396 Rice Street,Suite 209
L&u'e,Kaua'i,Hawai'i 96766
March 7,2022
TESTIMONY OF FELICIA COWDEN
COUNCILMEMBER,EAUAI COUNTY COUNCIL
ON
F.NEW BUSINESS (FOR ACTION)
1.TENTATFVE SUBDTVISION MAP APPROVAL.A.SUBDIVTSION
APPLICATION N0.S-2022-8 (BBCP KUKm'ULA PARCEL X,LLC.,ET AL.)
KUKUI'UIA PARCEL X,PHASE 2 SUBDIVISION,PROPOSED 2-LOT
CONSOLIDATIONAND RESUBDmSION INTO 4 LOTS,TMK:(4)2-6-015:010 &
011,KOLOA (MAKAI),KOLOA,KONA,KAUA'I,1)SUBDrVISION REPORT
PERTAJNING TO TMS MATTER
Planmng Commission ofthe Couiity ofKaua'i
Tuesday,March 8,2022 at 9:00 a.m.
Meeting Available Via Zoom
Dear Chair Ako and Members ofthe Planning Commission:
As an individual member of the Kaua'i County Council,I OPPOSE the
above-referenced piecemeal Kukiiiula expansion.Rather than portions considered
separately,a holistic evaluation is needed because what may appear to be negligible
impact may actually be sigmficant when the project is evaluated coUectively.
Among my concems regarding this loeation are:seabird and wetland habitat
destruction;capacity for emergency regional moveineiit in tsunaini and fLood
conditions,especially in the event of a Waita Reservou'dain breach (not adequately
studied,limited roads to enable evacuations with iiicreases ia population);strain on
Iandfi11 capacity for increased Iwmry home construction debris;and monopolization
ofhousing for local people that often occurs when tradespeople are brought over from
off-island to build the luxury homes.Furthermore,once housir^of this type is built,
the new residents ofthese high-end developinents typically are not people who enter
the workforce in our local economy—weare losing the ability to house our essential
workers across the raage of sMllsets,including small business owners,service
workers,and the trades and professional classes.
Thank you for your consideration of this request.
questions,please feel free to contact me at (808)241-4188.
Should you have any
Sincerely,
(\-i^^jr\
JA:dmc
FELICIA COWDEN
CouncUmember,Kaua'i County Comicil
AN EQUAL OPPORTUNITy EMPLOYER
From:
Sent:
To:
Subject:
aston reid <surfwrecks@hotmail.com>
Monday,March 7,2022 2:29 PM
Planning Department
Oppositionofthesubdivision application S-2022-8 reTMK's 2-6-015;010,011 BBCP
kukuiula parcel x llc
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.
Aloha E,
1 am aston carbonel and want to submit my statement of opposition in regards to kukuiula development and
application.As a multi-generational resident i believe that allowing more development is irresponsible in the
stewardship of our state and lands.We have seen over the years on the south side of kauai where i was raised
an exponential increase of development.Along with more development came more locals being forced into
affordable housing,locals moving away to america,land taxes increasing,etc.Our state moto is ua mau ke ea
o ka aina i ka pono,the life of the land is perpetuated in righteousness.I hear of many jnstances in which
projects and agendas are pushed through just for money,shame on that.Developments where contractors
are ignorantly bypassing protocols of impact statements,and assessments.Native habitats destroyed;caves
blown up.Aole.no longer.please stop this.look at our other islands and what's happening,desecration,over
development,lack of resources (water),etc.dont let this happen to our home.1 oppose this application
Mahalo
Aston Carbonel
Native Hawaiian.
Ka'ainaS.Hull
Diti.'i-'loi ol'l'];ii]nin{.
COLINTYOFKAUA'I
I'LANNINC DEI'ARTMENT
SUBD1VISION REPORT
Jodi A.1-ligiiclii Sayegiisa
llk;pui\Dircclor oj'l'liimiiiij;.
SUBJEa.TO CHAK:
SUMMARY
Action llequired by Consideralion ofSubdivision Applicalion No.S-2020-7 ihal
Piiinning Cominission;subdivides a parcel inlo two (2)!ols.
Subdivision ]*erinil i\o,Applicalion No.S-2020-7
Name ol'A|)plicant(s)STATE OF HAWAII DLNR -FORESTRY
II.I'ROJECT INFORMATION
III.EVALUATION
The proposed development subdivides a parcel into two (2)lots and llie primary inleiil is to
establisli a len (10)acre parcel to be utilized by the State ofHawai'i,Depaflmenl ofLand
and Natiira]Resources (DLNR)as a baseyard facility,
IV.KECOMMENDATION
[-.U!Eii',ktiulll,Oeitlnp',Bepoil 11 1.20 D[S.!U;U.?DLHLHnncpEpe BoseToid.itu
i.i -i./ift^,^^xya-1
MapTitle Designation oflot B Being a portion of l-1anapepe Government Lands,
Seclion A (C.S.F.9976-9979)Hanapepe,Waimea,Kaua'i,Hawai'i
Tax Map Key(s):1-8-008:020 (Por.)Arca:379 Acres
Zoning:Agriculture/Open
Statc Lnnd Use
Districl:(s):
Agficiiltural Gencral l>l.^n
Dcsignation:
Agricuitiiral/Open
AGENCY COMMENTS
^ICOKPublii:4/6/2020 D Statc DOT-Highwnys:
VVorks
COK Wnter:5/2/2020 IX]Slate Hcaltll:4/23/2020
D Olher(s)D DLNR-SHPD:
EXISTINC ROAD RICHr-OF-WAY(S)
Road Name Existing
Widlh
Required
Width
Pavement
YES N0
Reserve
Lele R.oad 40 feel 56 feel H a 8 feet
a a
D a
AI'l'LICAIiLE FEES
Environinenlai Impiict Assessmcnl N/A
)>ark Dcdication N/A
Appraisal I^eport Requirctl N/A
TENATIVE APPROVAL FINAL API'ROVAL
EApproval
D Denied
@ Approvai
C]Denied
Tental.i\'e Approval subjecl to all
requiremenls as noted on llie follow pages:
a^^(CAA....
All conditions ligye been complied with
T ./..-<fl.=3±-^-'^-'^,4w
Director of PlsuiiiEng Oate 1)ircctor of/Planning l)&f e
V.ACENCY REQUIREMENTS
1.Requirements ofthe Pianning Department:
a.An updated preliminary title report for the existing lol shall be submitted to the
Planning Department for review.
b.Al]existing and proposed easements,ifany,shali be identified in the deed
descriptions ofthe affected lots,draft copies ofwhich shall be submitted to the
Planning Department for review and approval.
c.Pursuant to Section 9-3.8(bJ ofthe Subdivision Ordinance,Kaua'i County Code
(1987),the Applicant shall submit to the Planning Department an electronic
record (digitized fbrmat)ofthe final subdivision map(s)on disk for record
keeping purposes prior to final subdivision approval.
d.An eight (8)foot wide future road widening reserve shall be established along the
frontage ofLeIe Road.There shall be no new structures permitted within the
reserves,and any new structures should be setback from the reserves.The reserves,
along with the restrictions,shalf be incorporated into the deed descriptions ofthe
atfected lots,ofwhich draft copies shall be submitted to the Pianning Department
fbr review and approval.
2.Requirements ofthe Department ofWater (DOW):
a.The subdivider shall pay the Department of Water the applicable charges and/or any
rate increase in effect at the time ofreceipt:
1)A Faciliries Reserve Charge of $28,230.00 (2 lots at $14,115 per lot)
b.The subdivider shall prepare and receive DOW's approval ofconstruction
drawings for the necessary water system facilities and either construct said
facilities or post performance bond for construction.
c.If bond is filed,to secure final subdivision approval,the subdivider shall clearly
letter the following on the approved construction plans,final subdivision map,
and deeds:
ttDomesfic waler service will noi he available until the required
construction improvemenls for this subdivision are completvc}and
accepled hy the Department of Waler,Cuunty ofKauai."
This deed restriction shall be recorded with the Bureau ofConveyances within
(90)days offinal subdivision approval by the Planning Department.
d,Requests for additional water meters or an increase in waler meters or an increase
in water meter size will be dependent on the adequacy ofthe source,storage,and
transmission facilities at that time.
3.The Applicant is advised that should any archaeological or historicai 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.
4.The Applicant is advised that prior to and/or during construction and use additional
conditions may be imposed by govemment agencies,Should this occiir,the
appiicant shall resolve these 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 JUNE 9,2020 whereby the entire record should be considered prior to decision-makiny,The
entire record should include but not be limited to:
2|Page
S-2U2U-7;liubdivisi"n Kyporl
Slak-ol'ilawuii l^i.NR (l-oa-,lr)')
5/2K/2U20
a,Pending government 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.
DALE A.
Planner
3|Page
S-2020-7;Subdivision Report
State ofHawaii DLNR (Forestry)
5/28/2020
SUBDIVISION OF LOT 2 OF
HANAPEPE GOVERNEUENT LAND,SECTION A
INTO LOTS 2-A AND 2-B
BEINC A PORTION OF THE GOVEEWMENT (CR01TN)LAMD OF EANAPEPB
BEING ALSO A POitIION OF GRANT 7BW TO KAUA'I ItAILWAY COUPANY COOTBYED TO
THE TERMTORY OF HATAI'I BY KAUA'l TEKMINAL,
UMFtED BY DEED DATED DECEMBER 21,IflM
ANB RECORDED Bl UBEB 1897.PAGES 1-3 (LAND OFF1CE DEED 7B62)
smiATED AT BANAPEPE,ffAIMEA (KONA),iUUA'I,iIAffAI'I
TAX UAP KBY:(4)1-B-OOS:030
OWNEE;StiTE OF HAtAI'I
ADDRESS:1161 PUNCBBOWL STItTCT
HUNOLULU.IU1f*]'l IWB13
BttOnc nICT EQWSt "u.
A^^.lfc-^2-.
*TAS
COUNTY OF KAUA'l DEPARTMENT OF PUBLIC WORKS
TO:PLANNING DIRECTOR
FROM:ENGINEERINGDIVISION
VIA:COUNTYENGINEER
DATE:February 22,2022
;^)u ,.,'ofKaus .
.NINGDEPT
22 FEB23 A5::/-
RE:Subdivision of Lot-2 of Hanapepej^iyeinment Land,
Section A into Lots 2-A and 2-B being a portion of
the Government (Crown)Land of Hanapepe being
also a portion of Grant 7846 to Kaua'i Railway
Company conveyed to the territory of Hawai'i by
Kaua'i Terminal,limited by deed dated December
21,1944 and recorded in liber 1897,Pages 1-3
(Land Office Deed 7862)situated at Hanapepe,
Waimea (Kona),Kaua'i,Hawai'i.
S-2020-07
SUBDIVISION N0.
OWNER:State of Hawaii
REGISTERED PROFESSIONAL LAND
SURVEYOR:Erik S.Kaneshiro,PLS
TAX MAP KEY:(4)1-8-008:020
FINAL MAP
CONSTRUCTION PLANS (TITLE
SHEET)
CONSTRUCTION INSPECTION FEE
AGREEMENT&BOND
COMPLETION OF IMPROVEMENT
FINAL MAP
DEDICATION
x
COMMENTS:
1.The proposed development shall comply with the County of Kaua'i Storm Water Runoff System
Manual.
2.Best Management Practices (BMPs)shall be implemented at all times to prevent
damage by sedimentation,erosion or dust to streams,water courses,natural areas and the
property of others.
3.A driveway approach permit will be required for the driveway connection with Lele Road.It is our
understanding that a site plan has not yet been developed;therefore,the driveway approach can be
located and constructed later once the site plan is developed.The applicant is hereby notified that a
driveway approach application will be required in the future when the site is developed.To submit a
driveway approach application online,go to Connect.Kauai.gov and create an account by clicking on
the Sign-Up link.
Step 1:AtConnect.Kauai.gov login using youraccount
Step 2:Click in the Search box to find the form (for example,type "Driveway",or click the"Public Works\Engineering"icon)
Step 3:Select the "Driveway Approach Application"icon
•Follow the system prompts and tab through the application process.
•Upload all necessary documents,including a plot plan showing:
o The location of the driveway approach,
o The width of the driveway at the property line,and
o The width of the driveway at the edge of pavement.
Once the application is submitted,it will be reviewed by DPW Engineering Division staff.You will
receive an automated email as to the status ofyour application.While the application is being
reviewed,you can view its progress at any time by logging back in to Connect.Kauai.flov.
We have no further comments.Recommend approval of Final Map.
Sincerely:
.^<.'^
for MICHAELMOULE,P.E.
Chief,Engineering Division
Oepartment of
Walei hw iw Stihstifvle Coiisen'e ir
County of Kaual
4398 PUA LOKE STREET
UHU'E,KAUA'I,HAWAI'I 96766
PHONE:(808)245-5400 FAX:(808)24S-S813
SUBDIVISION REPORT
TO:PLANNING DEPARTMENT
FROM:DEPARTMENT OF WATER
TMK:1-8-08:020 NAME:
State ofHawaii
DLNR Forestry SURVEYOR;AECOM REPORTNO:S-2020-7
1.Domestic water is adequate.Tentative approval is recommended.
Water Requirements are not affected.Tentative approval is recommended.
2.AII requirements have been fully met and;therefore,Final approval is recommended.
3.Before final approval can be recommended,the subdivider must:
A.Pay the Department of Water the following charges in effect at the time of receipt.At the present time,
these charges include:
1)Thc Facilities Reserve Charge (FRC):
Lot@$I4.115perlot -$
.IfPaymenttoinstall.,or relocate _,service connections(s)at the fixed cost of$
2)the subdivider causes a detay in the service connection installation after one year since final map
approval,the subdivider shall be charged the increase in the fixed cost,ifany.
Deposit (the subdivider will either be billed or retumed the difference between this deposit and the3)actua)cost ofconstruction of$for construction by the Department of Water.
B.SubmittotheDepartmentofWatera copy ofthe subdivider's pennit to perfonn work upon a State
highway from the State Highways Division
C.Prepare and receive Department ofWater's approval ofconstruction drawings for the necessary water
system facilities and either construct said facilities or post a performance bond for construction.These
facilities shall also include:
D.Prepare and convey to the Department ofWater a Right-of-Entry and Temporary Grant ofEasement for
the purpose ofconstruction,repair,maintenance,and operation ofthe subdivision water system
improvements installed in other than County-owned property.
E.Ifa bond is filed,to secure final subdivision approval,the subdivider shall clearly letter the following on
the approved construction plans,final subdivision map,and deeds:
"Domestic water service will not be available until the required construction improvements for this
subdivision are completed and accepied by the Department ofWater,County ofKaua'i."
This deed restriction shall be recorded with the Bureau of Conveyances within ninety (90)days offinal
subdivision approval by the Planning Department.
4.Installation of service connections will not be required until request for water service is made.The applicant
for service will be charged the applicable service connection charges at that time.
5.Other (or remarks);
a
D
s
a
a
D
D
D
D
D
a
a
D
a
~}yUc^t£^.^Oct22,2021 SUBDIVISION REPORTNO.S-2020-7
Michael K.Hinazumi,P.E.
Program Administrator
Engineering Division
Date
RF:bdm
FINAL APPROVAL-
DAVID Y.IGE
GOVERHORQFHAWAII
r
oi.i.i'.i.^Ot r*•-
PL^NNJNGDi
21 AUG 12 Pl :36
RECfc!v h L.
r
STATE OF HAWAII
DEPARTMENT OF HEALTH
KAUAI DISTRICT HEALTH OFFICE
3040 UMI STREET
LIHUE.HAWAII 96766
August 6,2021
EL1ZABETH A.CHAR,M.D.
INTERIM OIRECTOR OF HEALTH
JANET M,BERKEMAN,N.D.,U.P.H.,F.A.A.P.
D1STRICT HEALTH OFF1CER
Mr.Ka'aina Hull,Director
County of Kauai
Planning Department
4444 Rice Street,Suite A473
Lihue,Hl 96766
Dear Mr.Hull,
SUBJECT:PRE-FINAL Subdivision Map Review and Approval
Subdivision No.:S-2020-7
Applicant:State of Hawaii DLNR Land Division-Division of Forestry
and Wildlife
All concerns have been addressed and the Department has no objections with final
approval ofthis application.
Should you have any questions,please call me at 241-3323.
Sincerejy,
Darten T Tam6k<
District Environmental Health Program Chief,Kaua'i (Acting)