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2022-10-25 PC_Agenda_Laura Comments 3 Packet
PAGE 2 PLANNING COMMISSION – OCTOBER 25, 2022 PLANNING COMMISSION MEETING NOTICE AND AGENDA Tuesday, October 25, 2022 9:00 a.m. or shortly thereafter Līhu‘e Civic Center, Moikeha Building Meeting Room 2A-2B 4444 Rice Street, Līhu‘e, Kaua‘i, Hawai‘i To Join by ZOOM Link: https://us06web.zoom.us/j/87094875970 A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA D. MINUTES of the meeting(s) of the Planning Commission 1. August 23, 2022 E. RECEIPT OF ITEMS FOR THE RECORD F. HEARINGS AND PUBLIC COMMENT 1. Continued Agency Hearing a. None for this Meeting. 2. New Agency Hearing a. ZA-2023-2: Request: County Zoning Amendment from Open District (O) to Residential District (R-4). Location: Lawa'i, Kaua'i. Located along the southern side of Koloa Road, and approximately 200 feet west of the Koloa Road/Horita Road intersection, further identified as 3980 A Koloa Road and containing a total area of 40,075 square feet, Tax Map Key: (4) 2-6-009:021 = KURT BOSSHARD/STEVEN ABSHER. 3. Continued Public Hearing a. None for this Meeting. 2. New Public Hearing a. None for this Meeting. G. CONSENT CALENDAR 1. Status Reports a. None for this Meeting. PAGE 3 PLANNING COMMISSION – OCTOBER 25, 2022 2. Director’s Report for Project(s) Scheduled for Agency Hearing a. CLASS IV ZONING PERMIT (Z-IV-2023-3) and USE PERMIT (U-2023-3) to allow operation of a retail agriculture feed store on a parcel situated on the southern side of the Alapaki Road/Ka'apuni Road intersection in Kapa'a Homesteads, further identified as 6121 Alapaki Road, Tax Map Key: 4-6-011 :049, and affecting a portion of a parcel approximately 2.015 acres in size = AARON E. & KANOELANI S. BANDMANN, TRUSTEES. 1. Director’s Report pertaining to this matter (see agenda packet). b. SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2023-2), CLASS IV ZONING PERMIT (Z-IV-2023-4) and USE PERMIT (U-2023-4) to allow expansion of the Lihue Airport runway and associated site improvements, further identified as 3901 Mokulele Loop, Tax Map Key: 3-5-001 :008, and affecting a portion of a larger parcel containing 721 acres = STATE OF HAWAII, DEPARTMENT OF TRANSPORTATION. 1. Director’s Report pertaining to this matter (see agenda packet). c. CLASS IV ZONING PERMIT (Z-IV-2023-5) and VARIANCE PERMIT (V-2023-1) to allow a deviation from Section 8-4.4(a)(3) of the Kauai County Code (1987), as amended, concerning the development standards of a residential subdivision, involving a parcel in Kukui'ula and situated on the makai side of the Ala Kukui'ula/Kahela Place intersection, further identified as Tax Map Key: (4) 2-6-022:055 and containing a total area of 140,009 square feet = KUKUIULA VISTAS LLC. 1. Director’s Report pertaining to this matter (see agenda packet). d. CLASS IV ZONING PERMIT (Z-IV-2023-6) and VARIANCE PERMIT (V-2023-2) to allow a deviation from Section 8-4.4(a)(3) of the Kauai County Code (1987), as amended, concerning the development standards of a residential subdivision, involving a parcel in Kukui'ula and situated on the makai side of the Ala Kukui'ula/Kahela Place intersection, further identified as Tax Map Key: ( 4) 2-6-022:054 and containing a total area of 87,919 square feet = KUKUIULA VISTAS LLC. 1. Director’s Report pertaining to this matter (see agenda packet). e. CLASS IV ZONING PERMIT (Z-IV-2023-7), USE PERMIT (U-2023-5), and SPECIAL PERMIT (SP-2023-1) to allow operation of a gymnastics academy on a parcel along the western side of Kawaihau Road in Kapahi, further identified as 5859 Kawaihau Road, Tax Map Key: (4) 4-6-011 :061, affecting a portion of a parcel containing 43,560 square feet = GARDEN ISLAND GYMNASTICS LLC. 1. Director’s Report pertaining to this matter (see agenda packet). H. GENERAL BUSINESS MATTERS 1. None for this Meeting. PAGE 4 PLANNING COMMISSION – OCTOBER 25, 2022 I. COMMUNICATION 1. None for this Meeting. J. 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. L. NEW BUSINESS (For Action) 1. ZA-2023-2: Request: County Zoning Amendment from Open District (O) to Residential District (R-4). Location: Lawa'i, Kaua'i. Located along the southern side of Koloa Road, and approximately 200 feet west of the Koloa Road/Horita Road intersection, further identified as 3980 A Koloa Road and containing a total area of 40,075 square feet, Tax Map Key: (4) 2-6- 009:021 = KURT BOSSHARD/STEVEN ABSHER. 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: 1. ZA-2023-2: Request: County Zoning Amendment from Open District (O) to Residential District (R-4). Location: Lawa'i, Kaua'i. Located along the southern side of Koloa Road, and approximately 200 feet west of the Koloa Road/Horita Road intersection, further identified as 3980 A Koloa Road and containing a total area of 40,075 square feet, Tax Map Key: (4) 2-6- 009:021 = KURT BOSSHARD/STEVEN ABSHER. 2. Final Subdivision Map Approval a. Subdivision Application No. S-2021-2 (Tower Kauaʽi Lagoons 9C, LLC. / Tower Kauaʽi Lagoons 9D, LLC.) Proposed 2-lot Consolidation TMK: (4) 3-5-001:218, 219 Kalapakī, Līhuʽe, Kaua‘i b. Subdivision Application No. S-2021-4 (Tower Kauaʽi Lagoons 8, LLC.) Proposed 2-lot Subdivision TMK: (4) 3-5-001:171 Kalapakī, Līhuʽe, Kaua‘i PAGE 5 PLANNING COMMISSION – OCTOBER 25, 2022 N. ANNOUNCEMENTS 1. Topics for Future Meetings. 2. The following regularly scheduled Planning Commission meeting will be held at 9:00 a.m., or shortly thereafter, on November 15, 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 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. O. ADJOURNMENT PAGE 6 PLANNING COMMISSION – OCTOBER 25, 2022 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. October 25, 2022 SHORELINE SETBACK DETERMINATIONS Application No. Name of Applicant(s) Property I.D. (Tax Map Key) Location Development/Reasons SSD-2023-13 Makahuena-Preferred A, LLC 2-8-021:069 Kōloa Single family dwelling, guest house, and swimming pool/ Rocky Shoreline, elevated cliff; development outside of required 100-foot shoreline setback area. SSD-2023-14 Makahuena-Preferred A, LLC 2-8-021:070 Kōloa Single-family dwelling, swimming pool and deck/ Rocky shoreline, elevated cliff, outside of required 100-foot shoreline setback area. SSD-2023-15 Makahuena-Preferred A, LLC 2-8-021:071 Kōloa Single Family Dwelling and detached garage/ Rocky shoreline, elevated cliff, outside of required 100-foot shoreline setback area. SSD-2023-16 Makahuena-Preferred A, LLC 2-8-021:072 Kōloa Single-family Dwelling, garage with guest house above, swimming pool/ Rocky shoreline, elevated cliff, outside of required 100-foot shoreline setback area. SSD-2023-17 Silverwest Kauai Property Hotel LLC 3-5-001:171 Līhu‘e New four (4) story hotel, additions and alterations to existing golf clubhouse, new pool bar/ Ordinance 1088 applicability to Golf clubhouse only. Project is located on elevated cliff approximately 386 feet from shoreline, required setback 100 feet. 1 KAUA`I PLANNING COMMISSION REGULAR MEETING August 23, 2022 DRAFT The regular meeting of the Planning Commission of the County of Kaua‘i was called to order by Chair Cox at 9:05 a.m. - Webcast Link: https://www.kauai.gov/Webcast-Meetings The following Commissioners were present: Mr. Gerald Ako Ms. Donna Apisa Ms. Helen Cox Mr. Francis DeGracia Mr. Jerry Ornellas Ms. Lori Otsuka Excused or Absent The following staff members were present: Planning Department – Director Ka`aina Hull, Staff Planner Myles Hironaka, Dale Cua, Kenny Estes, Romio Idica, Shelea Blackstad, Marisa Valenciano, Alisha Summers, Kristen Romuar-Cabico and Planning Commission Secretary Shanlee Jimenez; Office of the County Attorney – County Deputy Attorney Laura Barzilai, Office of Boards and Commissions – Support Clerk Arleen Kuwamura and Support Clerk Lisa Oyama. Discussion of the meeting, in effect, ensued: CALL TO ORDER Chair Cox: Called the meeting to order at 9:05 a.m. ROLL CALL Planning Director Ka`aina Hull: First order of business, Madam Chair is roll call. Commissioner Ako? Commissioner Ako: Here. Mr. Hull: Commissioner Apisa? Commissioner Apisa: Here. Mr. Hull: Commissioner DeGracia? Commissioner DeGracia: Here. Mr. Hull: Commissioner Otsuka? Commissioner Otsuka: Here. 2 Mr. Hull: Commissioner Ornellas? Commissioner Ornellas: Here. Mr. Hull: Chair Cox? Chair Cox: Here. Mr. Hull: You have a quorum Madam Chair. APPROVAL OF AGENDA Mr. Hull: Next up we have the Approval of the Agenda. Are there any proposed modifications or amendments to the agenda? Mr. DeGracia: Motion to amend agenda to move item G.1. Consent Calendar to H.1. General Business. Ms. Apisa: Second. Chair Cox: We’ve been moved and seconded, to move the item, G.1. Consent Calendar to item H.1. general Business. I think we should take a roll call. Mr. Hull: Roll call. Commissioner Ako? Mr. Ako: Aye. Mr. Hull: Commissioner Apisa? Ms. Apisa: Aye. Mr. Hull: Commissioner DeGracia? Mr. DeGracia: Aye. Mr. Hull: Commissioner Otsuka? Ms. Otsuka: Aye. Mr. Hull: Commissioner Ornellas? Mr. Ornellas: Aye. Mr. Hull: Chair Cox? Chair Cox: Aye. Mr. Hull: Motion passes, Madam Chair. 6:0 MINUTES of the meeting(s) of the Planning Commission Mr. Hull: Next up we have the Minutes for the biggest Planning Commission on May 10, 2022, the May 24, 2022, the June 14 , 2022 Agenda 1, the June 14, 2022, Agenda 2, and June 28, 2022. The Department respectfully withdraws the minutes for the May 10, 2022, meeting because of the fact that there’s some errata’s that need to be corrected but we still submit the other minutes for your review and action. 3 Chair Cox: Thank you. Any corrections or comments about the minutes? If not, do we want a motion to address all of them at once, other than the May 10? Ms. Apisa: It’s nice to see we’re getting caught up. I make a motion to approve the minutes of the May 24, 2022, meeting, the June 14, 2022, Agenda 1, June 14, 2022, Agenda 2 and the June 28, 2022, minutes. Ms. Otsuka: Second. Chair Cox: All those in favor say, aye? Aye (Unanimous voice vote). Any oppose? Motion carried 6:0. HEARINGS AND PUBLIC COMMENT Mr. Hull: Next, we have no new Receipt of Items for the Record. We have no Continued Agency Hearing. No New Agency Hearing. No Continued Public Hearings. NEW PUBLIC HEARING Mr. Hull: Moving on to Agenda Item F.2. ZA-2023-1: A bill for an ordinance amending Chapters 8, 12, and 13, Kaua'i County Code 1987, as amended, relating to Comprehensive Zoning Ordinance (CZO), Building Code, and Electrical Code respectively. The purpose of the ordinance is to establish parking requirements involving electric vehicle charging infrastructure in the CZO, Building and Electrical Codes = KAUAI COUNTY COUNCIL. Mr. Hull: This is the Public Hearing portion. We have one individual here in-person who has signed up to testify. Chair Cox: Can I make a statement before you go to testimony? Mr. Hull: Okay. Chair Cox: I’d like to make a regarding the proposed item that we’re on now. In my other volunteer work, I’m the Chair of the Kaua`i Climate Action Coalition, which is a nonprofit organization for the purpose of educating the public as well as direct action and working on policy to address the climate crisis and on July 18th, in my capacity as Chair, I submitted to the Kaua`i County Council a piece of written testimony in support of this bill. I've had no other involvement with this proposed Bill, but I wish to disclose this. I don’t feel that this impacts my ability to consider this zoning amendment as Chair and member of the Planning Commission but if other Commissioners have no objections, I’d like to proceed. However, if you have concerns, please let me know now. Commissioner Apisa: No concerns. Commissioner DeGracia: No objection. Chair Cox: Okay, in that case we’ll go ahead. Also, mahalo to the members of the public who have come to this meeting to provide or to listen to public testimony regarding the Status Report from Coco Palms Hui. Mr. Hull: Chair, that would be the next agenda item. Chair Cox: Oh, I thought you wanted me to do it at the beginning. 4 Mr. Hull: I apologize. Chair Cox: Sorry, take that back. I still welcome you and mahalo you for being here. Mr. Hull: For the Electric Vehicle Charging Infrastructure bill we have one member of the public in person signed up, Paul Ricky Cassidy. Chair Cox: May I make a statement about decorum? Mr. Hull: Absolutely. Chair Cox: I know we have some heated items this morning, so, I wanna just again, thank you all for being here and wealth of you who are here in person and as well as those of you who are here on Zoom. Your presence and participation are valuable to us during our decision-making process but please be reminded that in the spirit of aloha, respectful communication and proper decorum are necessary in order to maintain an orderly meeting. Public statements and or remarks of aggression, threats of violence, profanity or personal comments about Commissioners or staff may result in the speaker’s removal from the meeting. Please note Planning Commission Rule 1-2-20 g., Any person or persons who willfully disrupt a meeting or hearing to prevent and compromise the conduct of the hearing, may be removed from the room. So, mahalo for your cooperation during this meeting. Mr. Hull: Thank you Chair. Returning back to the in-person testifier list for the EV draft bill. We have Paul Ricky Cassidy signed up. Mr. Cassidy: Aloha. Mr. Hull: You have three minutes for testimony. Mr. Cassidy: Thank you, okay. Well first of all, I wanted to thank you all for serving, public serving is… Ms. Apisa: Your name? Mr. Cassidy: Oh, Paul Richard Kanahoaokalani Cassidy Jr. aka, Ricky. I am part Hawaiian and I’m not here about Coco Palms, although my father did buy it for Amfac from the Guslanders, they were really nice people. I’m here because I know something, and I care about. I know something about affordable housing. I’ve done studies for thirty years for these people, testified very many times. I did a 2014 study that, for the County, all the Counties and it was instrumental in getting HUD to change their regulations and allow us more money to flow to the State for affordable housing because it proves something about rents. By training, I’m an economist and big mouth haole. I’m just curious about everything that happens. I do swear but I thought that statement that you gave Mrs. Cox, about civility is really important today, thank you for that. So, back to public service, one of my guiding lights is the great is good for the greatest number of people and then also, taking care of those least fortunate of us. EV is a great thing. I’m all for it but let me read you something that happens to do with affordable housing and the impacts and where it goes to. Because as you all know, particularly candidates and those in public service, affordable housing for thirty years has been an issue and this year, it is the biggest issue of all. To quote from one of the former Housing Directors of HHFDC, she goes, every added cost incrementally, uses finite dollars from the affordable housing subsidy bucket, which overtime has added to others systemic failures that is resulted in the reduced number of units that were built. This systemic, oh it’s only a few hundred dollars, misunderstands and it adds over time and the result is a lack of housing supply. This ordinance, and I’ve gone back and forth with Luke about it. My questions about EV’s on Kaua`i all of that but it boils down to parking is one of the most, one of the biggest costs of building and if you have a bunch of saws and you have to put in one for one, a plug, that’s gonna add up. The other thing about parking has to do with cars 5 and affordable housing. The other biggest problem for affordable housing besides building it, you know, is cars because every time somebody comes and applies for, turns in their application, they have a car loan out and that car loan kicks so many people out of the process, not only for affordable housing but for regular housing. Mr. Hull: Three minutes, Madam Chair. Mr. Cassidy: Okay, so loan officers always telling their guys, hey, get that off. So, here’s where I’m going, if you add cost the benefit is wide, it is… Mr. Hull: Please wrap up your testimony Mr. Cassidy. Mr. Cassidy: Okay. Mr. Hull: You have three minutes. Mr. Cassidy: I gotta come back, I have nothing. Okay. This is a tradeoff; I want you to think what the tradeoffs are. Thank you. Chair Cox: Thank you. Mr. Hull: We don’t have any additional people in-person signed up to testify on this public hearing. Is there anyone here in-person that has not signed up to testify and would like to testify on this agenda item? Hearing none. For those attending virtually through Zoom, if you’d like to testify on this agenda item, which is the Electrical Vehicle Charging zoning amendment bill. If you’d like to testify on this agenda item, please indicate so by raising your digital hand. Staff Planner Shelea Blackstad: There’s no one with their digital hand raised up at this point. Mr. Hull: Thank you Shelea. With that, the Department would recommend closing the Public Hearing. Chair Cox: Can I have a motion to close the Public Hearing? Mr. Ako: I so move to close the Public Hearing. Ms. Otsuka: Second. Chair Cox: It’s been moved and seconded. All those in favor say aye. Aye. (Unanimous voice vote). Any opposed? Motion passes. 6:0. GENERAL BUSINESS Mr. Hull: With that, I’ll move on to H.1. General Business, Status Reports 2022 status report regarding Class IV Zoning Permit Z-IV-2015-8, Project Development Use Permit PDU-2015-7, Variance Permit V-2015-1, and Special Management Area Use Permit SMA(U)-2015-6 at Tax Map Key 4-1-003:004 (por.), 005, 007, 011, and 017 and 4-1-005:014 and 017 (the “permits”), with approval conditions as set forth in letter dated December 31, 2018 from the Planning Commission of the County of Kaua‘i (the “Conditions”) with Coco Palms Hui LLC, as Applicant (“Applicant”). Mr. Hull: This is the Status Report that was moved to the Consent Calendar into the business (inaudible). There was a number of written testimony that was submitted to the Planning Commission. 6 Chair Cox: Okay, so the statement I mistakenly started to make earlier, and I just want to let you know I realize how the tensions and the emotions and the concerns in this audience are today, which is why I’m nervous too, so please forgive me for having started this at the wrong time, and I again want to thank you for being here. We know there are several concerns regarding the Coco Palms property, but we want to make sure, we feel it's really important to give a short explanation of why we're here today. On today's Planning Commission agenda. The Commission is asked to acknowledge, on its consent calendar that the 2022 Status Report from RP 21, Coco Palms LLC., was received for filing by the Planning Department. This annual status record is submitted pursuant to Condition 29 of the development permits. The status report does not require commission action because the Status Report is listed as an agenda item, the Commission will accept public testimony. And as you know we moved it to General Business so that we have an opportunity for discussion. Today, there is no substantive matter pending before the Commission regarding the Coco Palms Development. In 2015, the Planning Commission sitting at that time approved the current permits and established 29 conditions of approval. At that time there were community members with concerns regarding this development, and there were also community members who supported moving forward with the project. The Commission voted to approve the permits without intervention. Since then, the developer has complied with the permit conditions. We expect to hear today that the developer is in compliance with all conditions. Again, mahalo for being present to voice your concerns, just as concerns and support were both voiced in 2015. Mr. Hull: Just to fill out on that end (inaudible). This is an agenda item, and we are here to take testimony and receive testimony and hear that testimony. But ultimately the action for the Commission is a Status Report. We received a number of written pieces of testimony requesting approval of the permits and a number more requesting denial of the permits. These permits were granted in 2015 . They stand and are (inaudible). So, we understand that there are a number of media organizations and news organizations that ran stories over the weekend, quite honestly framing the discussion as the faith of Coco Palms is up for discussion and action by the Planning Commission. I will state for the record that not a single one of those new organization reached out to confirm the story with the Planning Department, the Planning Commission, or the County of Kaua`i, at all. The way the (inaudible), the way the news portrayed that was as if these permits are up for action and up for approval or denial today, that is not the case. And I apologize if you showed up here under that pretense. But it is a Status Report, and we will be taking public testimony at this time. With that, I’ll turn to those who have signed up here in-person and if you haven’t signed up and would like to testify on the agenda item, we will be making that time available as well and then we’ll go to those who are attending virtually who would like to testify on this agenda item. So, those who have signed up for the Coco Palms Status Report, I have first signed up Jane’e Marie Taylor. Please state your name for the record and you have three minutes for testimony. Ms. Taylor: Jane’e Marie Taylor. I have Item One, which is very short and Item Two, which is short as well. My testimony. Is regarding conflict of interest between the County of Kaua`i and the development team, because the County of Kaua`i is obviously now very indebted into the climate change initiative, which is concerned about water temperature rises, and as we all know, so I see a conflict of interest between the County of Kaua`i and this project. Secondly, and if you don't mind may I submit this as public testimony, please, thank you. Aloha, my name is Jane’e Marie Taylor, I am here today in the spirit of aloha. I am Kaua`i representative of the Hawaii Natural Law Assembly. I am (inaudible) all unalienable rights, reserved living wahine and I am here to find out who is or who are the individuals in this very room, who knows about and is able, ready to confirm in writing with their signature autograph the true title and jurisdiction of `aina known as Coco Palms. TMK numbers 4-4-1-003-007, CPR numbers 12164410051441003004410030041003005 portion, 4100317 portion. Please raise your hand now and give me your contact information, so that we can connect and work together. Truth is sovereign and we all look forward to arriving at a pono and lawful conclusion. Once again, please raise your hand anyone here can prove clear title to this property in question, not a soul. Thank you. Respectfully. Mahalo. Mr. Hull: Thank you for your testimony. 7 Chair Cox: Mahalo. Mr. Hull: Next we have signed up to testify is Gary Hooser. Mr. Hooser: Good morning, Commissioners. I want to thank everyone for being here. I know we've worked with several of you here today and I appreciate the time and energy and stress that is involved with this particular plan, this particular Commission. I really do appreciate that. I know you look to represent the interests of many parties, the landowner, the developer, the public, the County itself. And I ask that you look toward what is in the best interest of the people of Kaua`i. Even if, as you measure the other interests, think about what’s in the best interest and long-term for the people of Kaua`i as you make these decisions. And congratulations, Commissioner Ornellas on your appointment. My name is Gary Hooser and I’m here to testify on my own behalf, even though I’m affiliated with several organizations who are also involved in this discussion. And if I would, I would encourage you to recognize that you have the ability no to receive this report today. You can defer. (inaudible) argue that it’s just paperwork, it’s not substantive but you have the ability to defer and not to receive or to not approve it. I’ll go into my testimony if I can and give you the reasons. I’m here today, testifying in opposition to the Commission’s approval and receipt of the 2022 Status Report and in support of a petition filed this morning by Coalition of Environmental and Social Justice Organization, to determine whether the Developers SMA permit has lapsed. It’s my understanding, that permit has lapsed. In addition to acknowledging that the Developers SMA permit has lapsed, I’m requesting that the Planning Commission reject the premise. Reject the premise that existing permits and approvals are valid because of this lapse, and because of deficiencies in the existing application, the new owner Developer must be required to reapply, start the process over and comply with all existing laws, rules, and requirements. Well, I serve as President of the Board of the Hawaii Alliance for Progressive Action. One of the organizations on the petition speaking today only on my individual capacity as a resident of Wailua Homesteads, I'm impacted directly by the proposed development. The significant and immediate impact this project will have on the adjacent shoreline is of special concern. The broader impacts involve historical and cultural preservation. The visitor industry carrying capacity, water usage, waste disposal, adjacent wetlands, and affordable housing, these are all critically important areas. Needless to say, traffic congestion and access to this area is already exceeding capacity. As a former Council member… Mr. Hull: Three minutes, Madam Chair. Mr. Hooser: Pardon? Pardon Me? Mr. Hull: Can you wrap up your testimony? You have a three-minute limitation. Mr. Hooser: That’s my three-minute limit? Okay, I ask for, unless there’s…I ask for the ability to complete it if I could, but I’ll go ask quickly as I can. As a former Kaua`i Council member and State Senator representing Kaua`i and Niihau, and a former Director of the Office of Environmental Quality Control, I know and understand, HR 343, the EIS law, and I’ll say it’s unquestionable that this project triggers Chapter 343, unquestionable. There are three triggers, one is the use of the shoreline, one is the existence of historical registered properties and the other is use of State property. Those three triggers, any one of those triggers is enough to require an EIS or (inaudible)… Mr. Hull: Four minutes. Mr. Hooser: …and that has not happened, so… Chair Cox: Sir, can you wrap it up? Mr. Hooser: Yes, I’m doing my last paragraph, if I could. In addition to the EIS provision, I do appreciate your consideration, I really do. In addition to the EIS consideration, a fundamental premise on the Iniki Ordinance is a special interest legislation which was passed specifically for this Developer and owner. The 8 Supreme Court has ruled that you can’t have special legislation. I was in the room, and it was clear this law was passed. It is formed to support this project. The Supreme Court again has ruled this on the Super Ferry, I was in the room at the State Senate at that time too. Because there’s been no EIS, because this is based on a faulty Iniki Ordinance special legislation and because the permits have lapsed, I encourage you… Mr. Hull: Mr. Hooser, (inaudible). Mr. Hooser: …strongly urge you to reject these permits and appreciate your consideration for allowing me to testify today. Thank you. I’m in the room and available for questions if anybody has questions. Chair Cox: Thank you. Mr. Hull: Next we have signed up is Teresa Tico. Ms. Tico: Thank you, Director Hull and Good morning, Commissioners and Deputy County Attorney Laura Barzilai. My name is Teresa Tico, I’ve been an attorney here on this island for over 45 years. Now involved in a lot of environmental issues over the years. This morning on behalf of the Surfrider Foundation, Sierra Club Hawaii Chapter, Hawaii Alliance for Progressive Action and (inaudible) and individual. I filed a petition for declaratory order, asking this Commission to find that Rule 10, of your Planning Commission Rules and Practice, and Procedure applies to these permits and based upon Rule 10, because we have found no substantial progress in this project and the first two years since the issuance of the permits in 2015, those permits have lapsed and I know that many of you Commissioners and indeed the County Attorneys Office and Director Hull are well familiar with West Sunset 32 Phase I vs. County of Kaua`i Planning Commission, where Judge Watanabe ruled that rule 10 requires the mandatory not discretionary, but mandatory lapse of these permits. If the director has not made a specific finding that substantial progress has been made within the first 2 years. So that is one of the bases of our petition. There are other bases. I have gone into more detail and the written testimony that I submitted. But I would ask you to not receive this 2022 annual report until you've had an opportunity to schedule a hearing on our petition. Listen to the evidence and receive testimony (inaudible) on our contention. There are several other matters that I’d like to bring up. Putting this petition together, Fern Holland and I made a number of uniform information practices at request to the planning Department to review all of the Coco Palms files. Now this is an arduous task to try to put together. Everything that's happened regarding Coca Palms in the past 30 years, especially when you know we received the documents piecemeal, and I'm not going to blame Director Hull or any of the planners, they don't have a lot of room in their files. Lots of people in the public have gone into the Planning Department to look at the files. Files have gone missing the first time we went in there we received 2 banker boxes, and all of the documents from 2014 to the present were missing, and at (inaudible) credit Director Hull did locate subsequent files. but even when we went in the second time those files were incomplete, and I made a third request last week, and wanted to see all of the files. I was given only 2 banker boxes that went up to 2014. So, it's been very frustrating. and challenging to even know what the chronology is. There are 2 pieces of vital documentation that we would require in support of our petition. Mr. Hull: Three minutes, Madam Chair. Ms. Tico: That would be the 2016 and 2017 annual reports. We do have 3. We don't have any more than 3 I’m sure they're in there somewhere. I would volunteer my time to organize all of those files and (inaudible) try to put them back in chronological order by date. The other thing I wanted to bring up is that in the last time these permits… Mr. Hull: Please finish up your testimony. You had three minutes. Ms. Tico: …Okay, I would like, see, I think all of us would like to see some deadlines, and post on these developers, on other permits, on other SMA permits, you’ve got three years to complete your project or a certain deadline. Why aren’t there any deadlines for these permits that were issued in 2015? We need to 9 have deadlines; we need to comply with Rule 10. We cannot allow annual reports to be coming in for the next thirty years and nothing happens, while Coco Palms sits there in ruins. Thank you very much Commissioners. Mr. Hull: Thank you for your testimony. Chair Cox: Thank you. Mr. Hull: Next we have signed up to speak is Kimberly Souza. Ms. Souza: Morning everybody. Sorry, I not used to this kind. I not used to this kind. For me, I gotta let you guys know now cause I not going be showing up every time cause I stay trembling over here and I not used to this setting and I not into politics, and this is all politics. And I here for tell you guys that if you guys do research on me, then you guys know where I came from. I am a native Hawaiian, kānaka maoli. My family migrate from Keapana, Kealia. My grandmother was Wilhelmina Cummings Kaui, my great-grandfather was David Kaui Ku. I have Lili`u descendancy in my blood but this is not about that. Cause I was raised Portuguese, from Portugal, my father’s family. My dad was a construction worker. All of his life as a little child, I listened to stories, and I never believed it but there was one story I need to testify to today. My father, with Nielson Construction was one of the contractors hired long ago, I think I was maybe seven years old, and a rock fell on his tractor and almost killed him, and he said, my dad, a Portuguese man, doesn’t know anything about Hawaiian stuff. He said that there was something that came and stomped its feet, caved in the wall. Now I going tell you, I been doing ceremony, ritual, the return of the kauna from Wailuanui Ahuanu and Mr. Ka`aina Hull, I look at you because, Sir you are native Hawaiian and I trembling here because Uncle Val Ako asked me in my dreams to show up and let you guys know. Ms. Guslander took over this place in 1953. She unearthed 87 iwi kupuna and he told her, I will move them but if they are ever moved again, be aware. In 2018, I’m sorry, I’m gonna wrap it up, this is a long thing, three minutes is not enough. I spent seven years sacrificing for what my people don’t know. (inaudible) Hawaiian people had one way they practice they religion and it was straight for that higher source; his name is God. Everybody was ruled under him, Pele, Kanaloa, Ku, everybody they talk about… Mr. Hull: Three minutes. Ms. Souza: …there is only one God. Now I going tell you guys again, I told Mason Chock, I told Felicia Cowden, I told many people. You guys have the power. The developers bought the property but they need the permits to move forward and I am asking you guys, for the safety of Kaua`i, the waters will rise if those giants are dug up another time and you guys do not know where they are, but if somebody wants to take time outside this place, we can walk and I can show you and bring you their presence. I am in complete opposition if this moves forward, I will be there to protect those iwi. Thank you. Chair Cox: Thank you. Mr. Hull: Thank you for your testimony. We have next signed up, Roger Netzer. Dr. Netzer: Good morning, everybody. My name is Roger Netzer, I’m a retired ear, nose, and throat doctor. I’ve been here for 50 years. I just retired two months ago… Unknown: Hi everyone still on Zoom, so, we're gonna take a little recess. We just lost the feed, so we're trying to get it back up. And once we get it back up, we'll come back. Thank you. The Commission recessed this portion of the meeting at 9:38 a.m. The Commission reconvened this portion of the meeting at 9:47 a.m. Chair Cox: We will now resume the Planning Commission meeting. I apologize for (inaudible). Thank you. 10 Mr. Hull: Dr. Netzer, this is for clarification too, because it happened mid-testimony, we’ll restart the clock. You have three minutes for testimony but if you could please give testimony (inaudible). Thank you. Dr. Netzer: Yeah. So, I’ll re-state my testimony in this (inaudible). I’ve been practicing here committed to Kaua`i for 50 years. I live right across from Smiths Boats on the Wailua river, so I’ve watched the river, I’ve watched Coco Palms, whether it should’ve ever been there or not, it was the best hotel on the island. You could close your eyes and walk across the highway to the beach, amazingly. Now the beach is gone, traffic is inundated. Our North/South traffic maybe an issue regarding this property because it is low land, it floods. My house floods occasionally, so, the point that I’m making is, it seems to me, all of you who have lived on Kaua`i, just step back. You’d have to say it’s totally impractical to build another hotel there. Whatever other plans the community can come up with. But building another hotel just won’t work and I’m actually shocked that there’s a developer thinking that he can somehow make it work. So that's the sum and the substance of my testimony. I appreciate your listening to me, and I just finished reading the life of Lili`uokalani. And it’s hard to believe I’ve been here this long and never read that biography, but I can see now why the Hawaiians were so mad at me back in the 70’s because of what we had done to them and how insensitive we have been to their land issues, the `aina. I appreciate you guys listening. I wish the developer well but it’s not going to work. Chair Cox: Thank you. Mr. Hull: Thank you for your testimony. Hold on one…(checking Neat screen) Apologies. The hybrid use (inaudible). Next, we have signed up to testify is, can’t quite read the handwriting, Shawn Villatora? Ms. Villatora: Aloha mai ka kou, on the record, for the record, Shawn Nicole Nakai`elua Villatora. I am a wahine maoli, kānaka maoli here on the island of Kaua`i. I just want to submit my testimony against the project in Coco Palms. I wanted to also add that my experience, I was there at the archeological survey for the widening of the road that was done by Cultural Surveys Hawaii and it was interesting that they had excavated or they had dug up a or found a Mother of Pearl fish hook and also a limestone fish hook, which in our culture it’s a makau, which is what they used for fishing and what we were able to pick up there spiritually is, that there, the place that Coco Palms resides on, in the ahupuaʻa of Wailua was a fish pond during the time of Kamakahelei when Kaumualii was very young and that is the history that I wanted to share to you folks, so that you guys understand the cultural significance of that. And, you might question and ask, how do I know this, as kānaka maoli we have this ability to connect to our iwi kupuna or to our kupunas through their bones and also my concern is about the ancestral bones, iwi kupuna that is in that location, which lots of people are aware of and there is accounts, I can pull it up from an article on the Garden Island newspaper and I’m not sure exactly what the year of this publishing was but it was by Hank Soboleski and I quote, “in February of 1973, about 30 skeletons were unearthed at Coco Palms by Luis Rego Trucking Co. Workers drained their bulldozer and steam shovel excavations for new construction at the hotel.” Unquote. So, knowing that there is iwi kupuna there in that area and it was reinterned to that specific spot, as kānaka maoli we have vested interest in our ancestral property. So, iwi kupuna belongs to the people, especially those who are directly descended from the (inaudible) descendants, her mo`opuna. And as a kānaka maoli, a wahine maoli, also mo`opuna of that area, I would like to deny the County to put it in writing what their interest is to that said property and that is my testimony for today. Mahalo nui. Chair Cox: Thank you. Mr. Hull: Thank you for your testimony. And last, we have signed up for in-person testimony is Fern Holland. Ms. Holland: Thank you all nice to see you. Thank you. So, I submitted this late, so, I’m just going to basically transcribe it to you guys here. Our working group, I Ola Wailuanui has been working on a path and solution for the future of this property for the last few years. That would serve generations to come for the betterment of Kaua`i and all of Hawaii. We strongly believe that this location is so culturally and historically 11 significant that it’s value to the general public far exceeds any monetary value if built by a hotel. Furthermore, we believe this site is one of the most significant cultural sites for Hawaiians everywhere and it must be protected from inappropriate developments, use or damage. The burial sites here that were disturbed and dug in the 1970’s and the mass grave of iwi kupuna present must not be further disturbed by development or hotel use. The ancient fishponds on this property are both historically listed and culturally and environmentally critical infrastructure for our people. It must be restored and utilized for the benefit of community and resilience not developed around and made into aesthetic ponds for the viewing pleasure of tourists. This critically important agricultural land is vital to the survival of our people and our culture and these crown lands that were wrongfully taken and overdeveloped, must be respected for what they are. Our wastewater treatment plant is completely unable to deal with the resort in this location and our roads, our parking lots, our resources, cannot handle hundreds of more visitors in Kapa`a. Now we are on a pivotal turning point in Hawaii. We need to reassess the excessive marking of our islands for tourism in a way that for decades has lacked foresight and has been extracted. We are at a point where the value of our way of life and our culture, our resources, and our ability to survive in our homeland is more important than more development of hotels that use our lands and our people at liquidation. After 30 years the permits have long lapsed repeatedly for the development of this site. Really, they should never have been approved by the unconstitutional one-off special legislation they were. So much has changed in 30 years since Hurricane Iniki devastated our island and to rebuild this site based on outdated traffic, outdated archaeological and environmental studies is unacceptable. There are multiple triggers for a complete environmental impact assessment as well as a detailed cultural assessments and up updated shoreline certification survey. No official archaeological study that needed an ancient fishpond or archaeological sites on these immediate parcels can be found. The numbering of the known cultural sites on the map, attached on Exhibit A, which I have for you, for the bike path work, suggest that these sites were documented early in our archeological history as early as the 1920’s. Science and archeology has evolved so much and advanced so much in our time and a new archeological assessment of the entire site is required before any work happens on that property. The immense importance of Wailuanui Ahuanu is also covering the E. Kalani Flores report of 2000 historical research with the Coco Palms property and that is available in your Coco Palms files. There’s no denying the unique value Wailuanui Ahuanu is to the Hawaiian people, culture and the future of our sustainability and survival. Just because wrong was done there in the past, does not mean that we continue to build on that and perpetuate it and allow developers to continue to benefit from it. It’s time to correct it. It’s not just about mitigating the impact from (inaudible)… Mr. Hull: Three minutes, Madam Chair. Ms. Holland: …around cultural sites for the viewing pleasure of the transient guest. It’s about the correct and rightful use of this land, these critical resources are priceless ancient cultural sites and the service they have to our island and our people. It’s about restoring and doing what’s right because we know better, we do better. So, please stand for the betterment of Kaua`i, for Hawaiians everywhere and the world and find that these permits have lapsed. Please ensure the highest level of due diligence is observed in any developments proposed for Wailuanui Ahuanu, as this is our Mauna Kea. Mahalo. Chair Cox: Thank you. Mr. Hull: (inaudible) list individuals who have signed up to testify in-person, so we’ll go into that. We have a Richard Gene Rodrick. Mr. Rodrick: Aloha and Good morning, my name is Richard Gene Rodrick Jr. I’ve been hanaied by the Aipa-Rivera Family as (inaudible) Kaulike. As one of the last employees at Coco palms hotel, I’m a haole. Had the opportunity to sing the narration of the chant of the night. Sung 2-3 nights a week. I’ve been of service to this island since 1978 and this development is a further travesty of the Hawaiian people, the sovereign nation of Hawaii. I’m nervous because I’m passionate and this is just a bunch of bureaucracy and 12 the reality is you’re desecrating a sacred spot, please reconsider developing something that should never be developed. Thank you very much. Chair Cox: Thank you. Mr. Hull: Next we have signed up Dawn Divinaste? Sorry. Ms. Divinaste: Aloha, my name is Dawn Divinaste, and it was a made-up word, it serves that I serve the highest that I serve. I serve the divine, I serve the `aina. I’ve lived here since 2016 but I was blessed to stay at Coco Palms in 1979 and felt like I did leave my heart there and I had to return. I’m here for the `aina, so what would the `aina do? Would the `aina not be greedy, the `aina would want to be taken care of and that’s what I’m here for is to ask on behalf of the `aina. For the highest good to be done. Not for anybody but for us all. This is an us land, not an I land. This is the us land and we need to take care of her. For me to be in this meeting is a miracle. I’m not a person to wanna talk or (inaudible) or make waves at all. I’m a healer, I work in a (inaudible) feedback and all kinds of energy medicines. I’m a healer, I’m a shealer, she (inaudible) balance. So, without balance and if I’m here, we’re out of balance. Thank you for listening. Thank you. Chair Cox: Thank you. Mr. Hull: Thank you for your testimony. Next, I apologize the last name is illegible, but I have Noa K. Mr. K.: Hi, my name is Noa, now my name is Noa Kilihua on the Title 8 U.S. Code. No longer one U.S. citizen under that U.S. Federal law. In my previous case versus Coco Palms Hui, LLC., my name was Noa Mau-Espirito, I no longer carry that name, but I would like to say that I’m here to represent the Kaumualii land commission award and Royal Patent and the Kapule land commission award toward Royal Patent within the Coco Palms Resort. We still reside on the property and all, which I’m sure most of you probably know that we still there. I just like to say one quick pre-history in our case, where we subpoenaed the title search for that property, we found that people was trying to use one fictitious name on how the lands was took. And it was found in the case that they had use one fictitious name for claim of how they got the land. The person’s name was never one real person, so yeah, they had use fake names for try take the land from the family. We found that out, the judge threw out the title search and if gotta we go court again, I subpoena the title search again and bring up the issue again, for show that no more title. The judge had rule that the title issue was not determined, so still to this day, the title issue is not determined over there. The judge had rule that in my case. And I’d also like to say I would like to propose to the County, the developers, the Coco Palms Hui, LLC., instead of us having to battle you guys again, we rather you guys just sell um to us. We had manage to put together one group of investors that is willing for buy um for us, for the Hawaiians. I get the land commission award claims down in Wailua. We get investors lined up for buy um out for us. We’ll highly consider you guys to sell um back to the families who get the commission awards claims down there, instead of tryna push something without involving us, who get the title claim down there. So, I would highly suggest you guys take that proposal from us, sell um to us. I not joking around and talking (profanity). We get means ready for da kine buy our family land back. We like you guys sell um to us so we no need fight you guys in court over one stupid title issue. Just sell um back to us already, we’ll buy it back. That’s our offer, our proposal. You guys sell um back to the families from the Deborah Kapule land commission award and from the Kaumualii land commission award. Sell um back to us, let us run the show down there. That’s the most pono proper thing can happen. We got the money for put up. Everybody can be happy so we no need interfere with anything. Sell um to us. You guys can contact me XXX-XXX-XXXX, this is not one joke I not talking (profanity). We ready for buy um back. Please contact me. Mahalo. Chair Cox: Thank you. Mr. Kilihua: Thank you. Mr. Hull: Next we have signed up is Nawai Aipa. 13 Mr. Aipa: Aloha, my name is Nawai Aipa-Rivera. (inaudible) to Kaumualii and we been cleaning the `aina for the past seven plus years since we been (inaudible). You know we been cleaning the local fishponds and planting kalo, cleaning up ordinance that they left in the ground. You know we dig into the ground there’s cement blocks that they buried into the ground and on our farmlands. And as old rice fields and things happen in history, where if those happen but like my cousin said, we got the money buy out our property and to do good for our property. Just let us buy our property back and let us do what’s right for our land. Mahalo. Chair Cox: Thank you. Mr. Hull: Thank you for your testimony. We don’t have any other individuals signed up to testify here in- person. Is there any individuals in the audience here in-person that would like to testify but had not previously testified, if so, you can approach the microphone. If you can state your name for the record and you have three minutes for your testimony. Ms. Bailey: My name is Bethany Bailey. I’ve never done this, but I just think that the land should go back to its people, and I’ve been standing with these people for the last seven years and in and out and honestly heartbroken that it’s still at this stage and I just have seen them take care and they deserve it and nobody else does. That’s what right. Thank you. Chair Cox: Thank you. Mr. Hull: Thank you for your testimony. Is there anyone else here, not signed up but would like to testify on this agenda item? Come forward. Ms. Cowden: Aloha, I’m Felicia Cowden. I suppose I am testifying as an individual. For a couple of decades, I have followed this, and I know I was here in the room in 2015, when there was the question to extend the resort entitlement and I happen to be sitting next to the attorney from the lender, and he listened to all of it and we were speaking outside and he was really, really surprised that it had been extended. It was in a portfolio for distressed assets, and they had come here completely planning on it to be, have that entitlement taken. He was recognizing, even at that time, the company was recognizing that there’s too many pieces working against it. I have followed this from a number of different layers and certainly in the role that I have had, as a community affairs program and community radio station. And watching how much there is profound cultural roots in that property and including and listening to Uncle Val Ako, who was the excavator from the second part of the development and the records that even are reflected in the book by David Penhallow, there’s was, I believe 86 bodies, very extraordinary bodies that were found symmetrically buried, fetal upright position, missing tooth. I had said something to that, to the Board of Land and Natural Resources meeting, they never even saw the testimony, never looked at it. I’m a Council person, I know how somethings just come like this (snapping fingers). They didn’t even look at the information, they just passed the state lands being attached to this private lands. That was very disappointing as was the 2015 decision. And I just ask you, I would respectfully ask you to defer this, so that, as Terry was speaking, do look at whatever the records are. I sat through the court case that these young men were at, and it seems that consistently, not enough review has been made. I understand the business side of it but that would be what I would ask, that we don’t yet again break hearts, upset people and when people buy this, this is a distressed asset, it is well known that there is this type of cultural conflict on it. And I’m a big advocate for keeping our young people out of conflict, out of jail, off drugs. And when I saw that happened during that… Mr. Hull: Three minutes, Madam Chair. Ms. Cowden: …time was a lot of health rebound when these people have a sense of purpose and a real connection to the land. So, I am respectfully asking, if you haven’t reviewed what’s being said here to defer and look at it, so that we don’t mistakenly move past it. Thank you. 14 Chair Cox: Thank you. Mr. Hull: Do we have any other individuals here in-person that have not previously testified and would like to testify on this agenda item? If you could state your name for the record. You have three minutes for testimony. Mr. Peter: Thank you. My name is Joseph Peter. I made an oath that I would not speak of what I saw (inaudible) but there is noninvasive archeological equipment that needs to be used. There’s more here than meets the human eye. And for the benefit of humanity, it’s important to honor what our ancestors have done and the lineages that they carried. In deep conversation with Liko Martin, I understand that there has been extensive research done as to how to care for the land that is pono. I will refer to him. Thank you. Chair Cox: Thank you. Mr. Hull: Thank you. We have an addition that signed up to testify, So, next to testify, Bethany Bailey? Ms. Bailey: (from audience) That was me, I did. Mr. Hull: Oh, okay. Sorry about that. We also have Benjamin Short. Mr. Short: Hello. Mr. Hull: Please state your name and you have three minutes for testimony Sir. Mr. Short: Benjamin Short and I’m sorry, how am I (inaudible). Mr. Hull: You signed up to testify on this agenda item, so you have three minutes to provide testimony. Mr. Short: I been staying at Coco Palms, we been (inaudible) the land and farming and the Nawai and La been teaching me much about the culture and accepting, like, accepting like travelers who come here and try to bring us an understanding (inaudible) place and of the love they have for it and how like, how it could be food for all with so much ease, like (inaudible). They know their ancestral lands are there. They remember through the stories, the fishponds, they remember the lo’i’s. They remember how there was abundance. There was no need for bringing food from the mainland. That was one of the very first things I learned coming here, a good portion of the produce we eat here would come from the mainland and a good portion of the produce that was grown here be exported. I share their vision more, more like, food security and the return of that. No need more hotels, no need more large buildings or bringing that kind of economic stimulation. We need meat to fed each other, build a village. They been teaching me language, they been teaching me like, everything they know, food sharing, big open heart and (inaudible) that. They have my loyalty. I don’t think I have anything more to say. Thank you. Mr. Hull: Thank you for your testimony. We don’t have anybody signed up. Is there anybody that has not signed up and has not previously testified, that is here in-person that would like to testify on this agenda item? Seeing none. I'm just checking with you before switching to the testifiers online. You want to take a recess or keep going? Chair Cox: Keep going. Mr. Hull: Okay, with that, for that are attending this commission meeting virtually through Zoom, if you’d like to testify on the Coco Palms Status Report agenda item, please so by raising your digital hand. Staff Planner Shelea Blackstad: We have a few people looking to testify. The first person I’m going to call is Tara Rojas. I’m promoting you to a panelist, you’ll need to click on join as panelist and enable your audio and video. You’ll be given three minutes for your testimony. Tara Rojas, you’ll need to click on join as 15 panelist in order to be able to talk and enable your audio and video. Tara, you’ll have to unmute yourself and enable your video and audio. Ms. Rojas: Yeah. Aloha, can you hear me, okay? Ms. Blackstad: Yes. Ms. Rojas: Okay, I just wanted to start my testimony really quickly with this, this is a really, really short portion of this song. Let me know if you can hear. Do you recognize that song? Were you able to hear it okay? And if not, what I was playing was just really quickly, yeah, the beaches, yeah, the beaches, they sell to build our hotel as my father, and I once knew. Can you imagine this song that was written so long ago and it’s still happening today. How you gonna sell Hawaii’s beaches? To build hotels? On Kaua`i island, you heard the testimony, you know the history of Hawaii, you heard, and you know that there’s iwi kupuna, you know that it’s on the shoreline, you know about climate change, you know about high tide. Please just use common sense, please obey the law, that knowing iwi kupuna there, there should be no building. There shouldn’t have been a hotel built there in the first place. So, again, just listen to that song, Waimanalo Blues. Please stop building on the beaches, please stop populating the beaches and please what is correct by respecting iwi kupuna and cultural and historical sites. Last, I wanna this, it’s written in the songs, all you gotta do is listen to it. That Hawaii is for Hawaii, it’s not for tourists, it’s not for foreigners’ paradise. Keep Hawaii, Hawaii and please obey by your own rules and laws. Mahalo Ms. Blackstad: Next person I’ll be promoting is, Alfred Medeiros. You’ll need to click on join as panelist and enable your audio and video. You’ll be given three minutes for your testimony. You’ll have to unmute yourself, Alfred. Mr. Medeiros: Aloha mai kakou, Alfred Keaka Hiona Medeiros. First off, mahalo for letting us speak and giving us time to speak on this very important matter. First and foremost, I’m a kānaka maoli, born and raised in Hawaii nei. I am a kia`i to protect all Hawaii Ko Pae `Aina, I’m a Oahu water protector but first and foremost I’m a iwi protector and what’s over there at the former Coco Palms is iwi kupuna that needs to be protected, that needs to be unbothered. We don’t need any more hotels as you can hear everybody saying. We’re already living in an overpriced paradise. Your guy’s job as the a part of the Kaua`i planning committee is to ensure people in Hawaii can still live here and manage to live here in Hawaii. You guys’ job is to be public servants. The public has been speaking but it seems we been speaking to deaf ears. I believe it's time for the people that work for Kaua`i Planning, you know County, to actually start listening to the people. I not too sure what we have to do, do we have to protest, do we have to block the road, do we have to lock down buildings? Because that’s what’s coming next if you guys do not listen to the people. You guys gotta understand that what is happening has been going on for decades, for centuries and we’re tired of it. We wanna call this place home and we wanna still have it to be our home but you guys are making it so hard to do so. You guys have a job and it’s not only for us in this age, I’m talking about, in this bracket, you know, in this lifetime, we’re talking about our future keiki, for our children, for their children, so they can have a home, so they can call Kaua`i home and not go to Kaua`i as a multi-millionaires paradise and a place that only tourism and commercialism exist. Beyond just the iwi kupuna that is buried there that needs to be unbothered and not disturbed, is also the local i`a that has very significance and also cultural significance that also is recorded and not to be touched. It actually has to be restored and preserved. That’s a part of what your jobs, you know, it also entails in your guy’s job categories too. You guys need to know the land. As a part of the permitting, it’s not only having the right documenting from the other side and the money in hand, it's also about listening to the public and what they have to say and listen to the history of that land. We’re tired as people having to stop, you know during our day, you know to come to these meetings either on Zoom or in-person, but we will as you can see it’s been coming a more regular thing that people have been coming to these meetings. You guys are too normalized, to having one or two people speak up. You guys are about to have hundreds to thousands of people show up. So, please listen to the people and understand the significance of Elvis Presley filming a movie at Coco Palms has zero, zero impact to the people of 16 Hawaii. And for one thing Elvis Presley was a pedophile, so if you guys wanna build a hotel, you guys are only perpetuating his legacy as a pedophile… Mr. Hull: Three minutes, Madam Chair. Mr. Medeiros: …and not the people (inaudible) should be. So, please stand up for the people of Hawaii because we are here and we are present, so please listen. Mahalo for your guys time and mahalo to everybody out there. To the descendants of Kaumualii, we stand with you guys, we hope you guys get you guys `aina back that you guys rightfully deserve and we going fight for you guys too. I tell you guys this right now, this thing goes in the opposite end and you guys agree, developers, we’ll be there front line, locking arms and stopping it every single (inaudible). Mr. Hull: Please wrap up your testimony sir. Mr. Medeiros: Mahalo. Have a good day. Aloha. Chair Cox: Thank you. Ms. Blackstad: Next person I’ll be calling on is Kiara Rodrigues. You will need to click on join as panelist and enable your audio and video. You’ll be given three minutes for your testimony. Ms. Rodrigues: Hello, can you folks hear me? Mr. Hull: Yes, we can, Ma`am. Please state your name and you have three minutes for testimony. Ms. Rodrigues: Perfect. My name is Kiara Lorenzo-Rodrigues. My intentions today is just to preserve our culture and protect all of these sacred spaces, especially throughout Hawaii Ko Pae `Aina, especially iwi kupuna. I wanna go ahead and start off by saying, I think you guys have a great opportunity here to help our native people and protect everything that we stand for. The fact that this land was even developed that my iwi kupuna were disrupted and desecrated and I believe you folks all have the prime opportunity right now to do what is right. So, I ask you folks to do your due diligence and I ask you folks to listen to the people and hear our cries. We’ve been crying for far too long and you guys all have the power to make this pono. I plead, I plead, I plead, and I pule, I pule from my kupuna that are buried there, that have had to hear the false narratives of this pilau greed that runs ramped my communities. I mahalo every single one of you who came to step up and talk for the iwi kupuna that don’t have a voice and we need to continue this, but I have to, today be 100% against this. Please defer this. Please do not desecrate them yet again. My kupuna have nothing to you folks, nothing. They’ve set such a great standard for you all to follow so I hope you follow that, especially Kaumualii and all the great things he’s done as an Ali`i. You guys can look up to him and look what he did for his people because they made great changes and he did what was right and what was pono and that’s what we ask of you guys today, give this land back to the descendants who need to malama their iwi kupuna who need take away all that hewa, the lepo, that `eha, the pilikia that is stuck with them, that is transferred through the mo`o of our people to us living today. Please help us huli this system, please help us, give us back our `aina. Mahalo. Mahalo pono. Chair Cox: Thank you. Ms. Blackstad: Next person I’ll be calling on is Mason Chock. I’ll be promoting you to a panelist. You need to click on join as panelist and enable your audio and video. You’ll be given three minutes for your testimony. Mr. Chock: Aloha mai kakou. Can you hear me? Chair Cox: Yes. 17 Mr. Chock: Okay. Good morning, Commissioners. Thank you so much for all the hard work that you folks commit to for our island. My name is Mason Chock, I’m here in my individual capacity and just wanted to, my understanding is that there was a petition for declaratory order was filed this morning. This has been an ongoing, as all of you know, it’s been an ongoing saga with Coco Palms and in 2015 we were all under the assumption that we wouldn’t be here today, that we would have a hotel or that we would be moving in a different direction. We were fooled, many of us and the leaders at the time thought that it would move forward, and it didn’t and so, I ask that we look at the history that has transpired since then. I do think that this order should be taken a look at, reviewed properly by you folks, and maybe even given the opportunity to run through its course to understand the claims that are being made within it as it relates to the commission rules and the fact that the permits have taken a long time to get off the ground here. I realize that this is merely an update to the conditions, but I do think that with this order we should be paying attention to the possibility of us as community members seeking reparations in ways that we can ensure that we are doing the best for the environment and for the needs of the island. Certainly, it’s location is a challenge and issue. We know the environmental impact of sea level rise and so forth are also and traffic issues that we are facing with are all issues we should be considering. And if, at the very least this order provides an avenue for us to come back to the table and have a discussion with our owners about what we would like to see and how we would like to see it done in order to protect the cultural sites on this property. I would ask you folks to take that opportunity to review it, to look at it over with your Counsel and seek ways that we can get to the table so that the outcome here is much more favorable to our community and to our future. I thank you for the time today. Aloha. Chair Cox: Thank you. Ms. Blackstad: Next person I’ll be calling on is Rick Cooper. I’m promoting you to panelist. You will need to click on join as panelist and enable your audio and video. You’ll be given three minutes for your testimony. Mr. Cooper: Hi, my name is Rick Cooper. I’m a property owner of 25 years on Kaua`i. I’ve been going to Kaua`i, back and forth, immersing myself in the culture for 50 years. I’m also a member of the Wailuanuiaho`ano Project, trying to protect that land and I’m a member of the working group, we have been working two and a half years on that. I invite anyone, the Commissioners and anyone listening to visit our website at wailuanui.org to find out more information about the opportunities that are in their nascent stage of visioning a different way to have that property used. I think one of the issues that comes up repeatedly when we think about this property and other properties is, they say, oh, but it's private property, and that means someone owns it and someone controls it. Well, yes, in our system that is true, but what we all often forget, and what sometimes our leaders hide behind, or don't acknowledge is the fact that there are these permits, and there are regulations and bodies like yours are required to oversee those and this is where a lot of times, and in this case in my opinion, the county is falling down. So, we have seen these, we have complied reports before the status report that you're considering today. We've seen them for 30 years and yet, there is no substantial progress that has occurred. Last year, when you had the same hearing, there were a 115 responses to this status hearing and what that meant, and only one of those favored the development of this property. You know that this is very popular within the community, that there be no more development, that that `aina comes back to the people. So, this year there was late notice to the community, and we've done our best to get as many people to respond. I haven't had an opportunity to find out how many did respond, but I believe you again understand the overwhelming opposition to any more development at this sacred site. People are asking you just to do your job being more than a rubber stamp or developers for influence who have developers who have a disordinate amount of influence over county decisions. So, here's what we know that the permits have lapsed long ago and without significant progress. We also know there is an EIS and a shoreline certification that has been triggered, and it can't be ignored. We know these permits are questionable, and they are believed to be unconstitutional, and they're short, and therefore they should never have been approved. There must be an updated traffic study… Mr. Hull: Three minutes, Madam Chair. 18 Mr. Cooper: …an archeological study, an environmental study before this project can proceed. The criteria is, has there been some substantial progress and that has that and no, there hasn't it has been ignored with (inaudible) by Teresa Tico… Chair Cox: Please wrap up your testimony. Mr. Cooper: …please pause or delay deciding about whether to accept this status report. And I ask you to use your authority, and looking critically at this property, and choose to support the Hawaiian people, the community, and not just power, money… Mr. Hull: Sir, please wrap up your testimony. Mr. Cooper: Thank you, thank you. I’m complete. Mahalo. Chair Cox: Thank you very much. We are going to take a ten-minute recess now. We just need a little break. We are listening and want to continue listening, but it takes a lot of energy to do so. Thank you. The Commission recessed this portion of the meeting at 10:32 a.m. The Commission reconvened this portion of the meeting at 10:47 a.m. Chair Cox: We’re going to resume the Planning Commission meeting. Mr. Hull: Folks we’re restarting the meeting. Chair Cox: We’re restarting our meeting. Thank you. Mr. Hull: So, returning back to public testimony concerning the Status Report for Coco Palms, we will receive testimony for those attending virtually. For those that are attending virtually if you have not testified on this agenda item, and you wish to testify on this agenda item please indicate so by raising your digital hand. Ms. Blackstad: The first person I will be calling is Mr. Cruz, I am promoting you to a panelist. You will need to click on join as panelist and enable your audio and video. You’ll be given three minutes for your testimony. Mr. Cruz: Aloha mai kakou. Can you hear me? Mr. Hull: Yes, we can. Mr. Cruz: Okay, (speaking in Hawaiian). I am testifying on behalf of my ohana and also our keiki, as well as our kupuna and tupuna. We live in Wailua Homesteads, and we frequent that area obviously cause we live there. I also paddle along the Wailua River. Spend a lot of time along the Wailua River on that river. I understand the mana of the `aina, of that area, I can feel it. It's like a playground for us, for our ohana and there's lots of history rooted in it, going way back. Wailua. as you all know is the seat of Kaua`i. There's a lot of history, and mana in it as well. I just wanna testify, and say that you know, living in Wailua Homesteads, I'm totally against the development of that `aina and in respect to this 350-room hotel. If we were to if we were to look at it like 2 people per room, that's 700 more people in Wailua. The river it's itself right now is packed as it is. When we frequent that area, we paddle wa`a on that on that river, it's like a traffic jam in and out of there. We also have the skiing going on they're doing skiing. There's other things on that river as well, you know there's kanaka, there's locals that are trying to fish. They're trying to, you know, get food for their family all of that is being happening. Imagine just 2 people per room in a fully booked hotel what that's gonna do. Now also take that and look at maybe one rental car per each room. But what we're doing is we're taking Wailua and we're bringing, we're extending Kapa`a into Wailua. So that effect right there, I think, needs to really be considered and now, as everyone has testified, you folks have the 19 kuleana could take a look again and right the wrongs that have been done in the past so it's a heavy kuleana and that lays upon your shoulders and I pule, I pray for you, folks that you all open your makas, open your pepeiao, and open your pu`uwai to realize what the community is saying to you, because we love, we all love this I know I’m sure you folks love this place as well. What makes Kaua`i Kaua`i, needs to be upheld, it needs to be maintained. If we forget about the past, we're gonna lose where we're going, by humbly you know, plea with you folks as well to please consider what actions you can take to right what has been wronged, and to ensure that this is pono not just for your job, your ohana, but for yourself as a person for what you can live with. So please thank you for your time, mahalo nui loa and malama pono. Ke Akua pu all of you. Thank you. Chair Cox: Thank you. Ms. Blackstad: There’s no one else with their virtual hand raised at the moment. Mr. Hull: So, I’ll make a last call for those that are attending virtually, if you’d like to testify and have not previously testified on this agenda item concerning the Coco Palms Status Report, if you’d like to testify, please indicate so by raising your digital hand. Ms. Blackstad: Next person I’ll be calling is Amber Alimboyoguen. I am promoting you to a panelist you'll need to click on join as panelist and enable your audio and video. You’ll be given three minutes for your testimony. Amber you’ll have to unmute yourself and enable your video. Ms. Alimboyoguen: Can you see me? Is it working? Mr. Hull: Yes, please state your name and you have three minutes for testimony. Ms. Alimboyoguen: Hi, I’m Amber Malia Alimboyoguen and I’m testifying for Wailua ahupua`a. I’m not sure who started this, I don’t know, meaning, but I was raised in Wailua. My grandfather, oh grandmother was on Pua A Laka in Koloa and they had transferred her to Haleilio at the homestead and I was raised over there with my great-grandmother and my paternal grandfather and his wife, Evelyn Clark. So, I lived along the awai where that Zippy’s is and my family worked in Coco Palms, so I’ve played around there since I was a child but since I was raised there, I also practice religiously, and culturally and I continued that up until I went into the Kona district around 12 years old, and I taught it also at Hyatt and with the Smith family. And I do my international tours with my students as I age, and I got older. But for Wailua, we have burials, we've had giants, we had menehunes there. We have graveyards in the sand. That whole building was part of a relief program, Kapule had worked with the Latter-Day Saints and the Mormons, and so a lot of the dead bodies are under the buildings because it's a practice. We bury our bodies with the houses along the families along the body of waters. So, the Alimboyoguen family where they come from in their voyage, cause we all came in different ways. So, we have the Alimboyoguens, the Laka family, the (inaudible) family, they’re all part of my family. I married into the Kamehameha line three times; I have children with them. So, technically by Hawaiian laws, I’m married by birth to my husbands, so regardless if we separate, we still have to work together, so, we’re now a (inaudible) of children and elderly. And in that practice, I have to teach my children these religious practices of how to coordinate their burials for their grandparents with Kanaloa, or with (inaudible), with Nana, with Hina, with Ku and Kane. They all have different burial, what do you call, limitations or how they are buried, whether if it's in the tapa or umeke, or if they’re in the standalone, or if they’re stacked, or is sitting up with the poi boards. They all have their different styles on top of that for the Alimboyoguen side, the sorcery side, they're attached to Poliahu by their names as well as Puna, because the name changed 3 times depending on the river. So, these are river tribes and… Mr. Hull: Three minutes, Madam Chair. Ms. Alimboyoguen: …yeah, and the Marai and Hawai`iloa and all of that. There's different families of different locations from the south so that all is linked to there, especially, we have endangered mud hens, 20 and we have fishes that were inside of the fishponds about 13 inches long moi’s and mu’s and they got trapped in there for a long time, and (inaudible)… Mr. Hull: You need to wrap up your testimony Ma`am. There is a three-minute limitation. Ms. Alimboyoguen: It needs to be a cultural center and not a hotel. I practice. I bring people there when the guys live there on Crown Land, which is part of the Kamehameha 3, the families are still alive, and Kalalau’s signature is not legitimate due to some of the paperwork and the dates. And (inaudible) doesn't have right to sell or anybody, Robinson, nobody has the… Mr. Hull: Ma’am could you wrap up your testimony please? Ms. Alimboyoguen: I’m just saying this is the facts and this is what it is. The boys will have the rights because they have clear title. So, whoever reads this or sees this, you need to do your due diligence on research, on religious practice and on cultural and paperwork. The palapala policy (inaudible) is first. That’s what I have to say. Thank you very much. Chair Cox: Thank you. Mr. Hull: Thank you. Is there anyone else attending virtually that would like to testify on this agenda item, who has not testified? If so, please indicate by raising your digital hand. Ms. Blackstad: Next person I’ll be calling is Rayne. I am promoting you to a panelist. You'll need to click on join as panelist and enable your audio and video. You’ll be given three minutes for your testimony. Rayne you’ll have to unmute yourself. Rayne I can see your unmuted. Could you try saying something? We aren’t able to hear you. If you would like to try and call in using the number. Either that or if you want to try logging in again. Mr. Hull: Shelea, you can move on to the next person. If a testifier is not able to use their equipment properly enough where they can participate (inaudible) check their equipment, so. Shelea, is there anybody else still requesting to testify virtually? Ms. Blackstad: Yep, so the next one I’ll be calling is Kalena. I’m promoting you to a panelist. You'll need to click on join as panelist and enable your audio and video. You’ll be given three minutes to testify. Ms. Poland: Aloha o wai, Kalena Poland (speak in Hawaiian). My testimony is for the Wailua, Coco Palms and I would like to say, I would just like to say first of all, that the Coco Palms. This is my testimony and the Coco Palms and future development. This hotel should never have been built on the site in the first place, and now we are at a crossroads to do the right thing. There are many reasons that the proposed hotel would not work on this site environmentally is not feasible, with climate change and erosion issues. Look at the bike path that is falling into the beach in many sections. Infrastructure, it does not work. The septic systems and roadways are a 100 times more busier than in the 50’s. When this hotel was built, culturally, any proposed hotel at this site is simply put, culturally unacceptable. I had my ohana, I and my ohana are completely opposed to anything being built on this site that includes more hotels or BNBs, and are for, and anything for plants other than a cultural community place. You know I’m reading a report done in 1986 by the burial practices and it states in the Wailua report that 34 bodies were discovered in the sitting as was stated, they were in this fetal position, sitting up with one tooth missing, that was knocked out. That practice is (inaudible), and this is in your own, in the county's own report that it was only reserved that (inaudible) for High Ali`i. Now would we consider going on to Washington's burial site at his home in Monticello and deciding well it profits more for us to put a movie theater there, and some shopping malls for the betterment of the community. No, what protects us from having that happen to what is important to us. Not Washington, but our High Ali`i. What protects our way and our culture? Mr. Hull: (inaudible). 21 Ms. Poland: In conclusion, we are at a crossroad to do the right thing, or to perpetuate a, or to perpetuate a wrong that was done decades ago. Mahalo nui everyone at this council. Please take what you have to decide today into understanding how important it is, and how it equates in the laws of the continent to here. Aloha. Chair Cox: Thank you. Ms. Blackstad: There’s nobody else with their hand raised at this moment. Mr. Hull: With that, we have no further testimony virtually for this agenda item. Where we have had a couple individuals sign up in-person that has not spoken, so I’ll go through this list. Roberto Dela Pena? Roberto James? Last call for Roberto James Dela Pena. Seeing, not here. Moving on, we have a Vanessa Scott. Vanessa Scott? Last call for Vanessa Scott. And lastly, we have signed up, the first name is illegible, last name Kay. If you can state your name for the record and you have three minutes for testimony. Ms. Kay: Mel Kay and thank you for taking my testimony and everyone else's testimony. And I really hope that you actually listen to the community and also common sense. I don't know if you've driven through Kapa`a traffic. Okay, they call it the Kapa`a crawl. I could crawl faster to get from one end of Kapa`a to another. And then, if you drive down in the morning to commute to wherever it is, you're going, you will see how far and how long that line is. Now you think those tourists, those 350 people, or 750 people, are gonna actually walk to the store or take the bike path? No, they're gonna get in their cars and they're gonna drive to Safeway just like Waipouli, just across the way. There’s bottleneck traffic it's because of poor planning which you guys, okay are in charge of. And I couldn't, I can't believe that with the lack of infrastructure and the Kekaha landfill imploding and the sewage, people getting sick and the water the lack of water, these people flushing toilets, flushing toilets. What is…I cannot believe the amount of development that is happening here without infrastructure. Not only this poor planning, it's like is like third world country, I mean, there should be no development. There should be a moratorium on development until infrastructure is dealt with. And in addition to that, my heart, my heart okay, and my soul is crying for Kaua`i, for Hawaii, because I know God does not approve. And this whole island is sacred, okay, and it's just being sold to whoever for pennies on the dollar and I'm shaking and the Hawaiian people, not I mean this that aside that is an obvious. How would you like it if we decided to go ahead and build a bunch of huts on the Japanese graveyards or the Catholic graveyards? For what? Have you seen the traffic? I’ve seen Council members former member, Carvalho just stuck in traffic. irritated, irritated. I want, I would like everybody to have to deal with this and also, in addition to that, Waipouli is getting converted to vacation rentals. Do we need any more vacation rentals? No, we need places for people to live. But also, before anymore construction, we need that we need to deal with infrastructure. That's why Hanalei, there was that last slide because the Planning Commission approved. Okay, housing to be built on agricultural land. Okay, this island is being desecrated, and enough already. Enough people are angry, and I don't know how much money it costs. You need, we need a, we need a… Mr. Hull: Three minutes, Madam Chair. Ms. Kay: …we need a bypass for the bypass. If anybody's ever tried to take the bypass to try and bypass Kapa`a, it’s backed up. I mean this is insanity, it's the insane, I’m sorry, I’m praying… Mr. Hull: Please wrap up your testimony Ma`am. Ms. Kay: …to the highest. I’m praying for all of you, I’m praying for this island and I’m praying that you guys make the right decision. Chair Cox: Thank you. Mr. Hull: Is there no one else in person that has not previously testified, that would like to testify on this agenda item? Please state your name for the record and you have three minutes for testimony. 22 Ms. Blakemore: Aloha, my name is Stephani Blakemore, and I live in Kapa`a, and I can't speak with the same eloquence as a lot of people who have testified today but as a taxpayer, I would like to make note that the idea of a hotel being built on this site is in direct conflict with what the tourism agencies for both the State and the County are trying to do to help the residents deal with all of these issues that we’ve heard about. And I would like to think that we could trust the leadership of those who have ancestral claims to this land to do beautiful things with it. Thank you. Chair Cox: Thank you. Mr. Hull: Is there no one else here in person that has not previously testified on this agenda item, that would like to testify? Hearing none. I believe we have one more speaker who has raised their digital hand. Shelea, I’ll turn it over to you. Ms. Blackstad: (inaudible), I’m promoting you to a panelist. You'll need to click on join as panelist and enable your audio and video. You’ll be given three minutes for your testimony. You will need to unmute yourself and enable your audio and video. Woman from Zoom: Good morning, Chair Cox, and Commissioners. Can I be heard now? Mr. Hull: You can. Woman from Zoom: Oh, awesome! Thank you so much. Thank you for your patience, I'm testifying this morning on behalf of the Board of the Wailua Kapa`a Neighborhood Association. And we respectfully request that you defer receiving the annual status report in order to fully assess whether or not the developer has actually made substantial progress since 2015, when the permits were issued. Our Special Management Area rules, Section 10 require that substantial progress be made within 2 years of permit approval, and as you look at your permit conditions matrix, it indicates that only 10 of the 29 conditions have been completed. So, furthermore, there's a critical need for a current state certified shoreline. Apparently the most recent shoreline was certified by DLNR, on January 5th, 2007, and in our written testimony that I submitted Sunday evening. We also included a state survey map, so that was a touch to our testimony, so that written testimony includes 2 photographs from March 2020, which shows the high wash of the waves significantly creating erosion that's threatening the multi-use path right opposite Coco Palms. And clearly that means the 2007 certified shoreline is really not representative of the high wash of the waves for those subsequent years till now, and nor does the outdated shoreline conform with our shoreline setback and coastal protection ordinance and the goals of community resiliency planning in light of climate change. So, it's really unwise for the County, to allow this developer to proceed especially under this antiquated and rescinded Iniki ordinance. So, in closing we asked that Commissioners defer receiving the annual report, in order to address and resolve these concerns, and as a matter of law, determine whether or not Coco Palms developers are required to obtain a new Special Management Area permit to comply with the same regulatory requirements as everyone else. Mahalo for your consideration. Chair Cox: Thank you. Ms. Blackstad: There is no one else with their virtual hand raised at this moment. Mr. Hull: Thank you. We have to close up virtual testimony. I’ll make one last call for in person, is there anyone who has not previously testified on this agenda item and would like to testify on this agenda item? One last call, if there’s anybody that here that has not previously testified on the Coco Palms status report and would like to testify, if so, please raise your hand. Seeing none, this is a Status Report, there’s no directors report or recommendation or evaluation from the department. So, if the Commission desires, the applicant is here. They can (inaudible), present and respond to any questions. Chair Cox: Yes, we would like that. We know you’ve heard a lot of concerns, we’re… 23 Mr. Hull: You can approach. Chair Cox: …hoping that you can address some of those concerns. Thank you. Male from audience: Thank you. Thank you for your time, Commission. Thank you for all that. (inaudible) your comments. This is, I’ve done this for a couple of years, or been involved in this… Chair Cox: Can you identify yourself, sorry? Male from audience: Oh sorry, I’m Parker Enlow, I’m with Reef Capital Partners. We are the group that financed the original acquisition and demolition of the structures to the point where the asbestos and everything was removed, to make it to the point they are today. So, yeah, I, we submitted the matrix, I'm sure you all have, in June, June 30th, and there's a couple things I wanted to point out better, some updates to them and I do want to update a few comments there has been a lot of work done for the last 2 years, particularly in the last 2 years. since we kind of got involved more and took over the management side of the (inaudible), while the foreclosure proceeded. A couple updates foreclosure did in fact, happen, finally. Took 3 and a half 4 years, in May of this year, which was a big step in anything, because nothing could happen until that the title was clean. So, title is now held in RP21 Coco Palms LLC. And we've been working with a new buyer, that has been involved for about a year and a half now, it had the property under contract, and they've actually put up a substantial amount of money. To further the permits along, and what at the time of this we submitted this matrix, 18 of the 25 building permits had been approved, and the main bottleneck was the wastewater management. I mean, many people spoke of the wastewater capacity, and so they had to go back to their calculations, and everything would be safe. And there was some discrepancies on what the impacts were going to be as far as financial impacts what the developer needed to pay to and that's all since been worked out since June thirtieth and now, they've signed off, and we've paid their application. Their (inaudible) fees and building permit fees for that and now. There's just one remaining permit left, and it has to do with just the Department of Health. There's, in the main lobby there's some offices underneath. There just needs to be some outside air circulated through there, so it's very close, according to our architect, he thinks a couple of weeks, and then and then all permits will be issued. So, the new buyers and I say that the new buyers, they've been involved for at least a year and a half now. We are, there's a portion of our group, is consisted of about 4 investors. And I represent one of those investors, I’m the trustees of one of the, one of its investors, and we are staying in with the new developer. I do believe in the project, and what it can be. I know there's it's challenges, and you know, some opposition. But the permits were issued in 2015, and a lot of things were, a lot of things were relied on with those permits. So. And so. yeah, I just wanted a few other items to note that have changed or some updates. Let's see here, yeah, all we were waiting for the wastewater management division, and we were no longer waiting there. So, I think that's the main changes does anyone have any questions for us? Chair Cox: Questions from the Commissioners? Yes. Mr. Ornellas: I have a question. Concerning the building fronting Kuhio Highway, I’m not a structural engineer or architect but that building doesn’t appear to be in very good condition. There’s pieces of plywood falling off of it, and I’m concerned about its proximity to the highway. Would the applicant be willing to do a structural assessment of the building? Mr. Enlow: I believe the, in our latest, and I can bring up our current plans are to demolish in the new building permits that we've (inaudible) all of the buildings will be taken down to their foundations. No, no digging will happen. The foundation will stay in place, but the building will not stay. Mr. Ornellas: I’m just concerned because it seems like it’s kind of time sensitive, if we were to have a storm, I don’t know that that building would not collapse onto the highway. 24 Mr. Enlow: So, our hope is to be raising those structures, you know, as fast as the buildings, that you know the building permits happen. So, sometime in the next 6 months our hope is to have those structures down. Mr. Ornellas: Thank you. Chair Cox: Other questions from Commissioners? Francis, did you want to… Mr. DeGracia: Yeah, quick question. Out of extreme curiosity, are you at liberty to disclose who these new investors are? The new buyer. Mr. Enlow: The buyers? They are, the entity, I think is both, they’re out of Utah. Our company’s also out of Utah. I don’t know if I’m at liberty to disclose their personal names but the entity name, I believe is…Coco, ah, shoot. I believe they’re on the Zoom. Meaning if they want to pipe in but… Mitch, raise your hand if you wanna disclose your entity. But we are, our plan is to stay in a on a portion with them, that they have. They're well capitalized, which in my opinion I’m not a…The reason that project didn't gain traction from before it's just lack of capitalization. The previous developers were able to get a loan and part of that loan they had committed to bring in additional equity that never happened, at which ultimately led to the failing of their entity, so. Mr. DeGracia: And… Mr. Enlow: I can get those; I can get the entities for you if you give me a little bit. Mr. DeGracia: Thank you. And I know that there was also a number of concerns raised by the community through the testimony we just heard. I was just wondering if you guys would like to address… Mr. Enlow: Yeah… Mr. DeGracia: Address any of the (inaudible). Mr. Enlow: For sure. I’m very sensitive and sympathetic, I feel really bad for, I’m a pleaser by nature so I want to make everyone happy. I realize everyone’s gonna have different opinions. But certainly, some of the things, the bodies on this part, as you’re all aware, if anything is dug up on site, work stops immediately. There’s no, that was part of the condition that was put in place, so that’s expected. We want to make a cultural center, that’s part of the plans, that gives tribute to the area. And everything, and obviously there's traffic studies that have been done. And again, I know it's a congested area so, but the traffic reports indicated that a hotel could be built. With the conditions that were placed on it with the shuttle buses and things like that. Mr. DeGracia: Thank you. Chair Cox: Further questions? Mr. Ako: Can I ask a question? I’m assuming that you know, you sat in through this whole testimony, and listened to everybody speak this morning, you know, for us up here as commissioners, and I think the whole world, I feel like the whole world is looking at us. I think you heard how many testimonies have come forward this morning alone. I guess my question that I have is, knowing of all the testimony that you've heard. And again, let me backtrack, saying, I understand today is about the annual report, the annual status but after listening to all the concerns, that have come through from the public out here, at this point, what would you be willing to do to address these issues that are coming forward? Mr. Enlow: So, I’ve been, I've been in these meetings probably my third one that I listened in on through Zoom, we got really involved. Prior to that we were just a lender so I it's a tough question, right, because I've thought for 3 years what is going to be the outcome of this company or the of this property or `aina, and, 25 you know I’ve thought for you know years, will the hotel happen, and I was pretty certain 3 years ago that the previous developers would not get it off the ground, and so I started looking at backup plans I've thought about you know, workforce housing, like, you know, a affordable housing product, you know. I, you know, obviously I think a hotel would do really well there, with the current developer’s plan. I think it's the best by far that I’ve seen in the variable capitalized so I may spend a lot of money to date, as we have spent a lot of money financing to date, so I feel like it needs its fair shot to be carried out. With the conditions that are placed, but if that doesn't come to fruition, I thought about a cultural center, and how, I love the idea of making a cultural center, right? But that costs dollars right, there's 87,000 people in Kaua`i, so if you, you maybe you'd have to buy the property, the community could buy the property, and the upkeep would have to be an assessment of tax-wide, whatever there's (inaudible) that can happen. I thought a lot of things like that, but I just think that would put a burden on a lot of residents in Kaua`i, that I think aren't here now that are just, they're more tired of anything, of, they’re more tired of nothing happening then a hotel or a cultural center, whatever, vast majority that I’ve talked to outside of, I know there's a large vocal group here, and I understand, and I feel I want to sympathize with them. I want it to be just whether let go back to us, you know, nature and have just be completely nothing but there's problems with that, too, right? You've got vagrants living on the property now with drugs, and it just, we finally got the eviction notices posted, and the clearing started in on Thursday. So, things going forward hopefully, we'll get cleaned up. but as far as what's best to be on the property right now, what is zoned for is the in the entitlements on it are for this resort hotel, and I don't think it would be fair to the buyers who spent a lot of money, I don't think it'd be fair to us that would have spent a lot of money (inaudible) relying on those permits. So, at least let it play out, now that, for the first time we're within weeks of getting building permits. How about questions now? Sorry. Mr. Ako: I truly understand, or I think I understand anyway, the fact that whether we go forward with this project or whether the project does not go forward for whatever reason, there's gonna be problems both ways… Mr. Enlow: Yeah, exactly. Mr. Ako: …on this. So, I guess my follow up question to that would be, is this something that's gonna happen, or is there other options that are on the table? Mr. Enlow: I, for the first time about a year ago, for the first time with a group that's come in, and I’ve seen their plans and their capabilities and their experience, I felt over a year ago that this was going to happen if we could just get through these last meetings. Getting the permit, the building, when I say permits, I know there's the SMA permit and the zoning that it has, but I’m talking about building permit to start the construction in demolition of the property. Mr. Ako: So, assuming that well, assuming that the permits go, I’m gonna take it that you guys, the plan is to move forward. Mr. Enlow: Yes. Mr. Ako: In the meantime, from then to the actual, I guess starting of the project, is there room to meet with the community, and try to figure out whether there’s a… Mr. Enlow: Yeah. Mr. Ako: …other options? Mr. Enlow: I encouraged many people who have spoken today. I am happy, I’ve talked to many of you already. I’m happy to hear your thoughts and I’m happy to hear your thoughts and ideas and yeah, I mean I I’m financially vested it’s something happening to the property. I think the community wants something to happen. I think the easiest way for it for something to happen is what it’s currently zoned for. But I’m, I 26 would love to hear everyone's thoughts I know I've heard everyone's testimony today, and I’d love to have additional conversations offline with some of those individuals. Mr. Ako: I also assume that you've been meeting with the community on this project here. Mr. Enlow: Yeah, I’ve met with several people. I mean it's been harder the last 2 years with the travel restrictions. But you know we have people on island, or on Oahu that relocated from our company to help on another project but… Mr. Ako: Are these community meetings or individuals that…? Mr. Enlow: Just individuals, different things. Again, nothing is like, we've had the property in its ownership since May of this year, so not a lot of time to have done anything in, with the travel restrictions. This is my first visit to the island. Mr. Ako: Thank you, Madam Chair. Chair Cox: Thank you. I’d like to actually follow up on Commissioner Ako’s question, so you have not met with the Wailuanui group? Mr. Enlow: No, I would be happy to meet with them. Chair Cox: I know you’ve been asked questions about both the traffic the cultural aspects, and one thing you have not talked about, and we hear a lot of concerns about, that is also the climate issues of passive flooding, highway run up, coastal erosion, etc.…Could you respond to those? Mr. Enlow: Yeah, I mean these climate changes that is happening, and we must be aware of it, deal with that. You know I’m not an expert in it, we've, experts have been hired in that realm. And you know, there's, I’m not here to argue with that can be happened. But I we've looked into the studies and there's, it's a, you know we have to come up with good solutions. Chair Cox: Thank you. Any further questions from Commissioners? I don’t think (inaudible) questions from (inaudible). Mr. Hull: We do not take questions from the audience, but you can suspend the rules if there’s an individual who would like to testify and did not previously testify on this item. Chair Cox: (inaudible). You did not previously testify? You raised your hand a minute ago. Male from audience: Yeah. Chair Cox: Did you want to speak? Have you… Male from audience: Yes, I would like to say something. I’m a little late. Chair Cox: Okay. We’re going to give you the opportunity to testify but just a minute, let’s finish… Mr. Enlow: Can I get some time to, our architect to make a few comments? Chair Cox: Yes. Mr. Agor: Aloha, my name is Ron Agor. (inaudible), I wanna ask you a question. Since the inception of bringing Coco Palms back, the whole plan was to bring back the hotel. Not just bring back the hotel but bring back the recent culture and the history of Coco Palms as displayed by Ms. Guslander, the maker of the original Coco Palms, you know. I mean she was a Queen Kapule, by having the torch lighting ceremony 27 every evening, you know. So, we want to build upon that, and I’d like to say that I've been working with the developer that's in contract with partner, and we are all committed in having Coco Palms be a hotel and a cultural learning center, it can coexist. We plan to have a Cultural Center in the back. We intend to invite the Hawaiian communities to come, sit at the table and advise us on the things that we can do to preserve, enhance, and teach our guests the history and the culture of Hawaii. We're hoping that it’s a, to create a destination resort, where people can come and find out about the Hawaiian culture and when they leave, they’ll have a better understanding about the Hawaiian culture and the Hawaiian people. That's the focus of the new developers building of this, restoring Coco Palms. Coco Palms never went away, it was suspended by Iniki. It’s still there, the whole concept is still there. We're bringing it back, and we're gonna make it better than what it was before. So, I hope that answers your question about the culture. Mr. Ako: Yeah, and I appreciate the response to that given. And yet, I think at the same time there are still is this feeling that I'm hearing up here today that there are still things that needs to be resolved as this thing moves forward, and you know, I think the theory that you're coming up with, you know meets the plans by many. I don't think it meets in the eyes of another group to help, if you choose, I’m not too sure what that is here. That's why I think in my mind, I think the question that is still in there is that, is there still time to meet with community groups and see if there can be some type of middle ground where, in our resolution a peaceful resolution, I guess know, can be developed. And I think if the answer is yes, there is an option then I think that's one path, if there is no option in terms of the site of the developer, then I think that's another (inaudible). Mr. Agor: So, there is an opportunity to have the community's input on the cultural aspects of preserving the culture and the history aspects of the `aina. Yeah, and we'll be inviting people we wanna do a presentation this fall to the community, with videos and getting their input on what our plan is. Mr. Ako: Just one more question, Mr. Agor. Is the sessions that you are talking about, is only about the cultural part site, or about the entire project itself? Mr. Agor: The entire project. How the hotel interfaces with the cultural aspects of it. It's gotta be one and they both can coexist. They have to. Mr. Ako: Appreciate it. Thank you. Chair Cox: Any other questions for Ron Agor? Parker, did you want… Mr. Enlow: (inaudible). Chair Cox: Sure. Mr. Enlow: As far as that community outreach. I would, I’ll get with the buyers, and we'll figure out a time to plan on something so we can hear people out as a community and get their input and try to come up with plan. I would that, one of the buyers planned on being here today. He got pneumonia, he got diagnosed Monday, he thought something, he thought it was Covid. Didn't want to bring this disease to the islands. I thought I was very responsible, but he'd plan on being here until Saturday, when he got with the doctor and pneumonia, so. But Coco Palms 2021 is their entity, but I’ll get with them, and I’ll be with them, and I’ll come, we’ll make a public announcement and invite the public out to hear the thoughts to get it once input and see if there's voice that you know, bridge the gap closer. I guess you know what they’re watching and (inaudible). Chair Cox: Thank you. Any last questions, Commissioners? Thank you very much. Now I believe we have one further testimony that (inaudible). Mr. Hull: Chair wants to suspend the rules so… 28 Chair Cox: Yeah. Mr. Hull: Sir, (inaudible) have so you could provide public testimony. If you can state your name for the record and you have three minutes for your testimony. Mr. Freedom: My name is Freedom (inaudible). I drive by the Coco Palms everyday have done so for the last 45 years. I was taken aback just now, when the gentleman said that they are not going to touch the ground, how you gonna build a hotel resort area without touching the ground. The ground is sacred as far as I understand, there are archeological things all over the place. I don't think the area has been studied enough, and I don't think it should be given any kind of permits to people who know very little about the history of the place, that actually stretches from the heiau on top of the hill down to the now the hotel that's on the other side of river. I'm against making development with people who don't really know, it is the swamp area the whole thing, and not to be able to dig or not wanting to dig in the ground is totally (inaudible) you have to go down to the coral underneath the mud, in order to make those things stand up. I would like more a historical study, and perhaps the, from archaeologists being asked to give an assessment about the place. There’s always the wonderful opportunity for the investors to donate the 23 million dollars that was paid at the auction. To donate the place to a Hawaiian entity himself. There’s a lot of collateral within the Hawaiian people, both who are versed with the area and I’m sure the collateral of manpower cannot be underestimated as far as developing it into a Hawaiian Cultural Center by giving it back to the Hawaiians. That’s the main point. Chair Cox: Thank you. Mr. Freedom: You’re welcome. Mr. Hull: Is there anyone else who has not previously testified and would like to testify on this agenda item? Seeing none. Chair Cox: Thank you all for having us hear you. The Commission can now consider entering into an Executive Session to discuss legal alternatives. Is there a desire to do so? Mr. Ako: Madam Chair, I’ll move to go into Executive Session. Mr. Ornellas: Second. Chair Cox: We’ve been moved and seconded. (inaudible). All those in favor of going into Executive Session, say aye? Aye. (Unanimous voice vote). Any opposed? Nobody opposed. Motion Carried. 6:0. Chair Cox: Okay before we go in, I just want to say that we move this from the Consent Calendar to General Business in order to respect the public's ability to receive more information and our ability to receive more information. And it's important that you recognize that Ms. Tico’s legal petition will be promptly addressed by the office of the County Attorney and is a separate matter from the report. So, just so, you know that they're both important, one of them will be addressed, but isn’t part of the report. The status report is not approved by the Commission and has already been received by the Department. We acknowledge the receipt which does not bar for the discussion or assertion of legal rights outside of this room. So, at this point what I would like to do is read into our executive session. 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: 29 2022 status report regarding Class IV Zoning Permit Z-IV-2015-8, Project Development Use Permit PDU-2015-7, Variance Permit V-2015-1, and Special Management Area Use Permit SMA(U)-2015-6 at Tax Map Key 4-1-003:004 (por.), 005, 007, 011, and 017 and 4-1-005:014 and 017 (the “permits”), with approval conditions as set forth in letter dated December 31, 2018, from the Planning Commission of the County of Kaua‘i (the “Conditions”) with Coco Palms Hui LLC, as Applicant (“Applicant”). Chair Cox: So, we'll go into Executive Session now. County Deputy Attorney Laura Barzilai: (inaudible). Chair Cox: Okay. Ms. Barzilai: This is a short statement just for clarification. The status report is submitted to satisfying condition number 29. It was moved to General Business to allow for public discussion. It does not impact the status of permits, nor is it approved or even received, by the Commission. It was received by the Department in compliance with condition number 29 and placed on the consent calendar. Whether it is under chapter 10 or 12 of the Commission’s rules, or ultimately addressed at the Circuit Court, all actual legal trials will be appropriately and promptly addressed. This is not dependent upon the deferral of this agenda item. We understand the public's testimony. We trust that the developer will continue to address the public's concerns. Nothing discussed today against Ms. Holland's organization from proceeding to the extent of the (inaudible). Thank you. Chair Cox: Thanks. Ms. Barzilai: (inaudible) is an executive session. Chair Cox: (inaudible). Ms. Barzilai: (inaudible). Chair Cox: (inaudible). Mr. Hull: (inaudible). Chair Cox: Shall we say half an hour then? Mr. Hull: (inaudible). (inaudible multiple talking) Chair Cox: Okay, we're just gonna have an Executive Session for what… (inaudible multiple talking) Chair Cox: Okay, so, our Executive Session will be for 20 minutes, so, we’ll reconvene at 12:05. Thank you. The Commission moved into Executive Session at 11:46 a.m. The Commission reconvened from Executive Session at 12:30 p.m. Chair Cox: We are reconvening the Planning Commission meeting. And I believe we want to adjourn for lunch. 30 Mr. Hull: Yes, for the members of the public that are still with us, the Planning Commission has been reconvened from their Executive Session, now it’s reconvened back into Planning Commission but it’s 12:30, and I think there’s a desire from the Commission to take a brief lunch break, so we’ll be back at 1 p.m., Madam Chair? Chair Cox: (inaudible). Mr. Hull: (inaudible). Chair Cox: Okay, so we will reconvene at 1p.m.. Can I have a motion to adjourn? I mean to… Mr. Hull: Recess. Chair Cox: Recess. Ms. Barzilai: (inaudible). Chair Cox: So, we should just do it? Okay, well, recess till 1 o’clock. The Commission recessed this portion of the meeting at 12:36 p.m. The Commission reconvened this portion of the meeting at 1:02 p.m. Chair Cox: We will recommence our Planning Commission meeting and I believe we time for further discussion, if Commissioners have more questions they would like to ask or discussion points (inaudible). Ms. Otsuka: I have one. I have a question, I’ve heard several times today that permits have lapsed, can anyone, do you know anything about it, can you discuss it? Mr. Hull: Yes, absolutely (inaudible) Commissioner. Yeah, there were a (inaudible) made that the permits have lapsed, and it was actually a reference to a recent court case in which the SMA rules and regulations were utilized, in that there is a two-year window that SMA permits are entitled to and if no subsequent action is taken within that two-year window, the permits are null and void. And a recent court ruling did affirm that. But what was not presented by the members of the public that discussed the two-year lapse (inaudible) is that the SMA rules and regulations for the County of Kaua`i have a two-year window on the permit unless the Planning Commission grants a time period otherwise. And so, when you look at these specific permits that were granted in 2015, there were specific deadlines for specific actions to occur that go beyond the two-year window from 2015 to 2017. In particular, building permits being applied for in 2019, demolition actions to occur in 2017, and so on and so forth. And that after all the building permits have been finalized and approved, the applicant also has one year to commence substantial construction. So, the Planning Commission in 2015 essentially took action to extend the life span of these permits beyond the two-year window, set in the rules and regulations and the Planning Commission had the authority to do that at the time. Ms. Otsuka: Thank you, Ka`aina. Chair Cox: Are there questions, concerns? I wondering if we can get (inaudible). Mr. Hull: We’re not taking public testimony at this time sir. Male from audience: Okay. Chair Cox: So, I’m wondering if I can ask you another question, Parker. Would that be, okay? 31 Mr. Enlow: Yeah. Chair Cox: Thank you. But it’s back to the climate. I don’t know if you’re aware of the, right now before the Kaua`i County Council, there actually is an ordinance or bill that’s looking at passive flooding and high wave action and so, if it passes County Council then you would not be subject to it because your permits came in before but on the other hand, they are projecting what is most likely going to happen and I’m just wondering, are you open to looking to see how you might revise your building plans based on what will happen? Mr. Enlow: It’s obliviously, we’re open to look at anything, we’ll look at the data for sure. We have talked to an insurance carrier. I mean one of the big things for making sure, no, I think (inaudible) no residents or dwellings were underground, that under that water (inaudible) only parking structures, so, it’s been thought out for sure. I don’t want anyone to think that we’re just building some huts that, that could get wiped out by…I mean things have been thought out by insurance carriers who had to pay out in Iniki. The same insurance groups we’re talking to as part of everything, and we’re almost done a great job of designing some of those, those flood measures. Chair Cox: Thank you. Any other discussions or concerns? Okay, I guess I would say just in just didn't look in where, I think we're wrapping up here, but I guess I would say that one of the things you've heard is looking at this climate, but the other thing was from Commissioner Ako, working with the community and we really recommend strongly that you work with the community. Mr. Enlow: Yeah, I appreciate that and as your recommendation, I’ve actually already talked to the gentleman who was a reporter and we’re gonna get some times figured out where we’ll put it in the press where there’ll be a community outreach or a forum to take and hear from the citizens. Chair Cox: Thank you. Mr. Enlow: Thank you. Chair Cox: I guess if we’re done with this, I just want us to note for the record that the 2022 Status Report, dated June 30, 2022, from RP21 Coco Palms LLC., was received by the department for filing. So, at this point there’s no further action required on the report, however, that does not mean that this is end of the issue. We have a petition that will be looked at carefully and there are other concerns that will still be considered but there’s no action at this meeting and the report has been filed. Mr. Hull: Thank you. Moving on to the next Agenda Item, L, sorry apologies, (inaudible) H. Moving on to Agenda Item, I., we have no Communication. Moving on to Committee Reports for Subdivision Committee. COMMITTEE REPORTS Mr. Hull: I’ll turn it to Subdivision Committee Chair. Mr. Ako: Thank you, Clerk Hull. This morning the Subdivision Committee met, present was Commissioner DeGracia, as well as myself. And on our agenda, we had one item to deal with and that was with Kaua`i Habitat for Humanity, Final Subdivision Map approval and that was approved by a vote of two to zero. And with that, I guess I’m kind of proud to say that 8:30 a.m., we had called the meeting to order and at 8:37 meeting was adjourned. Chair Cox: Congratulations. Any questions or (inaudible)? If not, I would entertain a motion to approve the Subdivision report. Ms. Apisa: I approve and accept the Subdivision Committee report. 32 Ms. Otsuka: Second. Chair Cox: All those in favor say, aye? Aye. (Unanimous voice vote). Any oppose? None. Motion carries. 6:0. Mr. Hull: Moving on, we have no Unfinished Business, So, we move on to Agenda Item, L. NEW BUSINESS (For Action) ZA-2023-1: A bill for an ordinance amending Chapters 8, 12, and 13, Kaua'i County Code 1987, as amended, relating to Comprehensive Zoning Ordinance (CZO), Building Code, and Electrical Code respectively. The purpose of the ordinance is to establish parking requirements involving electric vehicle charging infrastructure in the CZO, Building and Electrical Codes = KAUAI COUNTY COUNCIL. Mr. Hull: Before I turn it over to the Planner, technically this is a new agenda item and so, we don’t have anybody signed up to testify on this agenda item. Is there anybody in person here that would like to testify on this agenda item? This is the Electrical Vehicle Charging bill. Hearing none. Do any of the members of the public attending this meeting virtually through Zoom, if you would like to testify on the agenda item concerning the Electrical Vehicle Charging station, please indicate so by raising your digital hand. Ms. Shelea Blackstad: There is no one with their digital hand raised at this time. Mr. Hull: Thank you. With that, I’ll also note that the Public Hearing for this item was held earlier this morning and it was closed by the Commission. I’ll turn it over to Alisha for our Director’s Report pertaining to this matter. Staff Planner Alisha Summers: Good afternoon, Planning Commission Chair and Commissioners. For your consideration this afternoon, amendment to Chapter 8, Comprehensive Zoning Ordinance, Chapter 12, Building Code and Chapter 13, Electrical Code to the Kaua`i County Code as amended relating to Electrical Vehicle Charging Infrastructure Requirements for new parking lot constructions. The zoning amendment permit application number is ZA-2023-1 and the applicant is the Kaua`i County Council. The proposed bill seeks to amend Chapter 8, Chapter 12, and Chapter 13 of the Kaua`i County Code. To include requirements for Electric Vehicles charging station infrastructure and new parking lot construction. In recognition that lack of access to charging stations is a major issue for an electric vehicle ownership. The intent of this bill is to expand the availability of Electric Vehicle charging stations infrastructure for public usage. In regard to the requirements, the bill provides a calculation to determine the minimum number of Electric Vehicle charging system, EVCS installed and EV-Ready parking stalls at new parking lot constructions. Just for your reference, EVCS Installed refers to parking stalls that includes the Electric Vehicle infrastructure and charging station, whereas EV-Ready refers to parking stalls that includes the Electric Vehicle infrastructure and a wired outlet for an electric vehicle to plug in their portable charger into. These requirements are to be applied to any new parking lot constructions, which includes modifications to increase the size of any existing or new structure on the property by 2,000 square feet or more. This bill proposes these requirements for new parking lot construction in the industrial district, the commercial district, the resort district, the agricultural district for operation with fifty or more employees, and multi-family residential sites with three or more units. That concludes my summary of the amendment. Before I read the recommendations, are there any questions? Chair Cox: Questions from the Commissioners? Hearing none, I guess go ahead and read the recommendation. Ms. Summers: Based on the foregoing evaluation and conclusion, it is recommended that zoning amendment ZA-2023-1 be approved. 33 Chair Cox: Thank you. Comments from the Commissioners? Mr. DeGracia: No questions, just a comment though. To me, it just seems a little conservative, the amount, I mean if they’re saying that, EV’s are going to be, manufactures are going to stop producing combustibles in 2040 and, it just looks like a small number, that’s all. That’s just a comment. Just my take on that. Other than that, no, I’m fully supportive. This is coming to the fore front, we’re going to need a lot more electric vehicles, I see on the road. I get it, it’s good. Chair Cox: I would agree with you that it’s a first step, on the other hand, I want to applaud the department for actually, and the County Council for coming up with the first step because it is an knowledgement that we’re making this transition and it’s so much cheaper to put in the infrastructure, rather than retrofitting but doing it up front. So, at least it’s taking that first step. Mr. Ako: Chair, I have a question. Chair Cox; Yeah. Mr. Ako: And I don’t know if we have answers but, in my mind, I’m just trying to figure out right now, do we know how many cars we have on the island? How many are maybe rentals, how many would be fleets as well as personal cars and how many of those are electric cars? Ms. Otsuka: I think 1,000, no that was hybrid. I think 700. Chair Cox: But that wasn’t the total that was just how many are the EV’s, right? Ms. Otsuka: EV on Kaua`i. Mr. Ako: Yeah. Chair Cox: Yeah, EV’s. I don’t think there was a total number. Ms. Otsuka: I think it’s (inaudible). Chair Cox: Total was? Ms. Otsuka: Yeah. Chair Cox: Oh, I didn’t see it. Ms. Otsuka: How many cars on Kaua`i, how many hybrid and how many electric. Mr. Ornellas: 76,000 cars. Mr. Ako: Okay. Ms. Otsuka: 76,000 cars. Mr. Ornellas: Show how many hybrid. Ms. Otsuka: Yeah, so, thousand something hybrid. Mr. Ako: Okay, if it’s in there, I’m sorry. Mr. Ornellas: (inaudible) 34 Ms. Summers: I can answer, in terms of what I put in the Director’s Report for the registered passenger vehicles in Kaua`i County, so, there’s a report from the Department of Business Economic Development and Tourism and every month they have a report that they put out. So, as of July of 2022, there were 75,448 registered passenger vehicles in the county. And 1,045 or 1.4% of those passenger vehicles were hybrid electric vehicles and 619 or .8% of those vehicles were fully electric. So, hopefully that answers your question. Mr. Ako: I’m sorry, thank you. Ms. Summers: Yeah. Mr. Ako: Another question I had was, you know when we looking at putting in this for facilities with a hundred or more parkings, what type of, who has a hundred and more? That’s like strip malls or… Ms. Otsuka: Hotels. Chair Cox: Hotels. (inaudible). Mr. Hull: They’re looking at large scale commercial operations, like, Home Depot, Walmart, as well as shopping centers like, Kukui Grove, the Safeway Shopping Center, definitely the resort areas have parking lots of this size, but we also have multi-family units or should I say apartment complexes, like, Ho`okena and others that have over a hundred stalls. To speak somewhat candidly to some of, this is primarily going to be aimed at new construction. There is a modification trigger as well, for when you expand a square footage by 2,000 square feet. To speak candidly and working with the Council on this bill, the likelihood of it being triggered on existing structures of this size is fairly small and that’s because in existing multi- family units, those have all been CPR’d up and sold to the individual unit owners themselves, and the likelihood of getting a modification to those buildings is very small. Rarely do apartment units come in for an expansion beyond 2,000 square feet. (inaudible) beyond a hundred square feet quite honestly. So, this requirement being imposed on existing apartment complexes is very small, quite honestly. And then, on the commercial side of it, Kaua`i actually has a big box ordinance, which prohibits the proposal or expansion of a singular retail entity larger than 75,000 square feet. So, Home Depot, Walmart, Costco, those big box stores that are much larger than 75,000 square feet, were permitted prior to the prohibition being put in place but with the prohibition now in place, they can’t expand their footprint. So, in a lot of these scenarios the modification, there is a trigger there, to speak candidly, we don’t anticipate it being triggered on many proposals that have existing lots over a hundred square feet in size. It’s good to have it there and a lot of these places have already seen where the markets going, in are providing these charging stations already. But that is one area, just be candid about where the triggers are happen, we anticipate some but not much. Ms. Otsuka: I have a question. Just out of curiosity, what kind of contractor do you hire to install? Mr. Hull: An electrician. Ms. Otsuka: Only electrical. Okay, but then he would have to hire someone if they had to, it was retrofitted they had to dig up the… Mr. Hull: Correct. Mr. Ornellas: So, I’m assuming that the owner of the parking lot is responsible for the upkeep and maintenance of these chargers. And the other question, I often wondered, who pays for the electricity? Mr. Hull: It depends. In the majority of existing commercial facilities, the charging station is via a fee. There are various applications that you download on your iPhone and essentially or Samsung Galaxy, whatever phone you have but you make payments via an application when you charge. With the County of 35 Kaua`i, we actually provide free charging right now for members of the public, which is written within our budget of course. For the individual homeowner, of course they’re going to front that bill. I don’t believe we have any residential apartment complexes with EV charging stations but ones that we’ve reviewed in other municipalities it depends, sometimes that bill is footed by the individual unit owner that has access to the charging stations, sometimes it's done via a fee because multiple users will want to use the charging station or sometimes the association will assume it on via their account and some restrictions. So, there’s an array of options that they manage civilly essentially. Mr. Ornellas: This would apply to hotels as well? Mr. Hull: Correct. Mr. Ornellas: Thank you. Mr. DeGracia: Director, point of clarifications. So, new construction would mean that any new permits being issued. So, in the case of let’s say, Coco Palms. No? Mr. Hull: This is being done via the Zoning Ordinance. So, because say, Coco Palms, because they already have their zoning permits, it would not be applicable. Unless they came in for modifications. Mr. DeGracia: Okay. Thank you. Ms. Apisa: I guess I would just add that I have heard the argument against it, that it takes away affordable housing units from an affordable development because, it takes more space and costs, so they can maybe make three less units. But, on the same token, I mean, electric vehicles are incoming, like it or not and I think we need to be prepared for it. Mr. Hull: Yeah, and you know, I’ll be honest, Alisha and I were having this debate as she drafted the report and I think Alisha did a really wonderful job on pointing out the affordability of electrical vehicles. I can say that if you’re buying a brand-new Tesla, 50-60 thousand dollars, more than likely you’re doing it from a carbon emissions standpoint and perhaps a status standpoint. I don’t know. But what we’re seeing right now on the secondary EV market, is they are being offered relatively cheaply. And compared to the petroleum vehicles, right, are much cheaper to actually operate. I won’t name our staff member by name but, we have one staff member who just bought one on the secondary market for relatively cheap. He reduced his, he was spending $450 dollars in gas a month, his electric bill has now gone up $50 a month. So, he’s saving $400 off of his EV purchase, a secondary unit and it just speaks to the affordability of this product type. It’s not mandating it but it’s just saying, provide these options in case a consumer wants to potentially utilize it. One of the biggest areas, and it’s not something that we can necessarily legislate, I know the Council member who introduced this is looking at it very keenly. (inaudible) the apartment complex is probably uniquely one of the biggest steps or hurdles for EV usage. If you have a single family dwelling you can actually plug an EV vehicle into an outlet. My wife did it for six years. But when you talk about apartment complexes, that one doesn’t even have these charging stations but two, it’s near impossible outside of running an extension cord from your window on the second story down to the parking lot, like, it’s near impossible for those living in apartment complexes to be able to look and consider EV as an option. And I think absolutely the previous testifiers statements about the affordability housing and every incremental additional requirement we impose on housing, builds up and builds up and builds up. I think the (inaudible) of that is right again, the affordability of EV and while housing is in a crisis right now, second to housing the amount that families are spending on transportation is exorbitant and so, trying to be able to chisel away at that is important too. Ms. Summers: May I add one more thing to that? And I also, just want to mention that there’s also the EVCS rebate program. So, that provides funding for rebates for the EV charging station installations and upgrades throughout the State. So, just wanted to point that out too. 36 Ms. Otsuka: Federal yeah? Ms. Summers: Yeah, yeah. Chair Cox: I also, think that if we really believe that we need to transition to EV’s, which I believe we do, then we have to make it possible for people who don’t live in single family homes to be able to charge and that’s why it’s so important. I know this bill, as Francis mentioned probably doesn’t go far enough, but at least it’s moving us in the right direction. I mean, eventually it would be really great if all apartment complexes did have the ability for people to plug in, cause they’re gonna save money but they aren’t gonna save money if there’s no way to charge their vehicle. Mr. DeGracia: It’ll take some time. Chair Cox: Yeah. Mr. DeGracia: I have a couple on order, but I don’t foresee them filling my order anytime soon. Ms. Otsuka: You know this multi-family residential site with three or more units, so, say somebody owns acres of land and he wants to build a home for himself and his two children, with that three homes, but it’s a resident. Is he required? Mr. Hull: He would if it necessitated a parking lot over a hundred stalls. So, the parking requirement is two stalls per single-family dwelling unit or multi-family dwelling unit, so if the owner was proposing fifty units or more, which would trigger the hundred stall count, then they would. But, if they propose, say, two dwelling units, that necessitates only four parking stalls, so it would not trigger this. Chair Cox: On the other I would add that it be really smart of them if they’re building to put the infrastructure in now because it’s so much cheaper than having to do it later. Any other comments, questions? Commissioners? Are we ready to have a motion? Ms. Apisa: I move that we approve Zoning Ordinance 2023-1, amending chapters 8, 12 and 13 of the Kaua`i County Code 1987, as amended. Ms. Otsuka: Second. Chair Cox: Okay, it’s been moved and seconded. Any final thoughts? If not, let’s do a roll call vote. Mr. Hull: Roll call, Madame Chair. Commissioner Ako? Mr. Ako: Aye. Mr. Hull: Commissioner Apisa? Ms. Apisa: Aye. Mr. Hull: Commissioner DeGracia? Mr. DeGracia: Aye. Mr. Hull: Commissioner Otsuka? Ms. Otsuka: Aye. Mr. Hull: Commissioner Ornellas? 37 Mr. Ornellas: Aye. Mr. Hull: Chair Cox? Chair Cox: Aye. Mr. Hull: Motion passes 6:0, Madam Chair. Mr. Hull: Moving on we have no further Executive Session. ANNOUNCEMENTS Mr. Hull: Announcements, we have Topics for Future Meetings. This closes out (inaudible) series of legislative proposals that we have running through the Planning Commission and (inaudible) few more zoning amendments (inaudible) for months but thank you all for your diligent work on, what has been an array of zoning amendments that could be quadruple the amount the Commission general handles but so we don’t have future zoning amendments. We have a couple Special Management Permits; we don’t have quite the (inaudible) heavy (inaudible) at this point. If there’s any additional (inaudible) you folks would like us to address, just let us or the Chair know. And then also, on September 14-16, is the annual Hawaii Congress of Planning Officials meeting, this year, it circulates throughout the State, this year it’s being hosted on Kaua`i. Each of you do have a registration for you to attend the various series of seminars, again from the 14-16, and Shan will send an email to you folks with more details. Chair Cox: So that’s why we don’t have a meeting. (inaudible) until October (inaudible). Mr. Hull: Yeah, when HCPO comes to town the entire department literally gets (inaudible) to host this event. It’s a very good event but it puts a fair amount of strain on the resources. We literally don’t have staff for anything. But we also don’t have anything on the dock yet. Ms. Otsuka: Make Kaua`i proud. Mr. Hull: Yes. Mr. DeGracia: Ka`aina, November 8th, Election Day, second Tuesday, are we not planning on having Commission meetings? Mr. Hull: Well, we’ll probably have to adjust that, we haven’t even gotten that far in but we’re going to have to adjust it because I believe that a holiday too for the County, so there’s no actual workers on site. It depends on what our docket is looking like, the Commissions agenda, I should say. If we don’t have anything on deck, we just won’t schedule a meeting for that week, but we have to change it off another day. Generally, as is practiced, the end of November, generally we do not schedule because of the Thanksgiving holiday and Commissioners schedules and then also to, if there is anything coming through on the agenda for December, we’ll only be holding a meeting in the send week of December. We will not one around Christmas just for you folks. Ms. Apisa: So, December would only be the 13th and not the 27th? Mr. Hull: Correct. Unless you guys want to get together. Chair Cox: But since the November one, the 8th doesn’t work and the end is the Thanksgiving, you might find another day sometime in that (inaudible), is that what you’re thinking? Mr. Hull: Yeah, we’ll work with all of you folks to determine what available calendars you folks have, so that we can at least have quorum. And, then again, if we have anything on the agenda. We don’t have anything on deck that we’re aware of (inaudible). 38 Chair Cox: Okay. Mr. Hull: With that, the following regularly scheduled Planning Commission meeting will be held at 9:00 a.m., or shortly thereafter, on September 27, 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 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. With that, Madam Chair, we’re ready for adjournment. ADJOURNMENT Chair Cox: Would somebody like to motion so that we adjourn? Ms. Otsuka: Move to adjourn. Ms. Apisa: Second. Chair Cox: All those in favor say, aye? Aye. (Unanimous voice vote). Anybody oppose? None. Motion carries. 6:0. Chair Cox adjourned the meeting at 1:32 p.m. 39 Respectfully submitted by: _________________________ Lisa Oyama, Commission Support Clerk ( ) Approved as circulated _______________. ( ) Approved as amended. See minutes of __________ meeting. 40 41 42 F.2.a./L.1.October 25, 2022 Check One: Paper Plans Electronic Plans DEPARTMENT USE ONLY Zoning Intake By: Use Variance Intake Date: SMA PDU Acceptance Date/By: TOTAL FEE: Additional Fees: Receipt Number Building Permit No. Associated Permits (e.g. SSD) Complete Information Below Tax Map Key Number Condominium Number Applicant Name(s) Property Address Mailing Address Parcel Area Contact Phone Zoning Designation Contact Email (if applicable) Applicant Declarations (incorrect responses may slow your permit review) Please place an “X” under Yes or No under the following: YES NO Staff Verification 1 Is this property located in the Special Management Area (SMA)? 2 Is this property part of a Condominium Property Regime (CPR)? 3 Is this property within 500 feet of the shoreline? 4 Is this property within the Agriculture Zoning District? 5 Is there a structure on the property that is 50 years old or older? 6 Do you have an Additional Dwelling Unit Certificate? 7 Is this a permit for an after-the-fact construction or activity? 8 I hold at least a 100% property interest in the property. 9 Are you an agent for the property owner? 10 Has a similar application been previously denied? 11 Is this an application for an agriculture structure under 200 square feet 12 Are there known burials on the site? 13 Are you using water not provided by a domestic water system? 14 Does existing grade under building footprint change by 2’ or more in any direction? 15 The proposed residential unit is a Multi-Family Dwelling Unit? 16 Is this a conversion of a legally existing single-family dwelling unit into a multi- family two dwelling unit? 17 Is this structure a guest house? 18 Does guest house contain a kitchen? This application shall be fil led out by all seeking Zoning, Use, Variance, SMA Use or PDU permits pursuant to the Kauai County Code, Hawai‘i Revised Statutes Chapter 205A and all relevant rules and regulations of the Planning Commission and Department. Supplemental information may be attached to form. SMA applications may also require additional SMA assessment forms. DEPARTMENT OF PLANNING STANDARD ZONING PERMIT APPLICATION One (1) original; If providing plans, five (5) sets, including original, required. Fees vary based on permits required and range from $30 to over $1000. Proof of 100% fee ownership rights or authorized agent must be attached. 3HUPLWWLQJIHHVPD\EHPDGHYLDFDVKRUFKHFN$OOFKHFNV VKDOOEHPDGHRXWWR 'LUHFWRURI)LQDQFH ; (4) 4-6-011:049 N/A Aaron E. Bandmann and Kanoelani S. Bandmann, Trustees 6121 Alapaki Road, Kapaa, HI 96746 c/o Cades Schutte, P.O. Box 1205 Lihue, HI 96766 2.015 acres (808) 521-9297 Agriculture mtrask@cades.com x x x x x x x x x x x x x x x x x xG.2.a. October 2, 2022 1. What is the proposed construction and/or intended use of the structure or parcel (may attach additional info)? storage for the sale of agricultural products to small local farming operations . 2. If this is not the first dwelling unit on the subject property identified on this application, please state how many dwelling units presently exist: _1 __________ _ Submittal Checklist Please INITIAL under "Yes" or not applicable "N/ A" regarding each of the statements: YES NA Staff Verification X I have ensured all TMK numbers are visible on all lan sheets. X 3 Any plans I have submitted clearly show all structures and setback dimensions. X 4 M !ans rovide lot covera e calculations X 5 I have ensured kitchens are marked with the 8' radii required by the Plannin De artment's Administrative Rules. X 6 Because this application involves a CPR, the plot plan shows all X 7 X Acknowledgements -Please INITIAL next to each of the statements: I UNDERSTAND: Initial Here Additional fees and/or the submittal of other application forms may be necessary to complete this application for MT acceptance and processing . Tender offees by the County does not imply acceptance of this application. MT Errors in self-declaration or missing or incomplete information will delay acceptance and processing of your MT annlication. Any purposeful misrepresentations in this application may result in delay, denial, permit revocation, violations, MT fines and even criminal prosecution . The owner and/or authorized representative is hereby made aware that the construction, work , use or activity approved in this permit shall be subject to inspection by Planning Department personnel. The applicant is advised that inspection may occur prior to or during construction and use to ascertain the activity is conducted in compliance with the law. Further, 1 am a duly authorized agent or 100% ownership rights . DATE : MARCH 31, 2022 FOR PLANNING DEPARTMENT USE ONLY (THIS CONSTITUTES PERMIT IF FILLED OUT BY DEPT.): APPROVED • DENIED • BY: DATE: DIRECTOR'S CONDITIONS OF APPROVAL (staff to initial next to applicable conditions): This permit shall expire if no building is issued within one (1) year after the approval date and/or if construction does not start within one (1) year of building permit issuance. Director's standard conditions for non-residential agricultural structures (attach) Should any archaeological or historic resources be discovered during ground disturbing/construction work, all work in the area of the find 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. Additional Conditions (State): V•\Resoune ll brary \Farms . Apphcat1ans\Zan11g Permrt Application_Ol.02.21 [CURRENl].docx Updated January 2018 C:\Users\dcua\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\36L2GMDE\GeneralFilingRequireClassIII IV_Upd 2018.dotx.docx PLANNING DEPARTMENT COUNTY OF KAUA‘I GENERAL SUBMITTAL REQUIREMENTS The following is a list of General Application requirements for Class III and IV Zoning Permits, Use Permits, Project Development Use Permits, Variance Permits, Special Permits, and Special Management Area Permits (SMA). In preparing Applications for permit applications or petitions, please provide an exhibit and/or page reference for the application submittal, information, and documents requested. Zoning Permit Application Forms, Special Management Assessment Forms, and Special Treatment District Checklist are also available at the Planning Department, 4444 Rice Street, Suite A473, Līhu‘e, Hawai‘i 96766. Pre-permit application consultation with the Planning Department and various County and State Agencies are recommended. Instructions for Petitions for General Plan Amendments, State Land Use District Boundary Amendments (15 acres or less) and Zoning Amendments, are also available at the Planning Department. An original plus one copy of the following items shall be submitted for review by the Planning Department for suitability for processing based on the attached checklist. Upon deeming the application suitable for agency review, the Planning Department will contact the applicant to request the additional number of application packets needed to complete the land use application for processing. The applicant shall provide 12 copies of the final application form and supporting information to complete the application for processing in accordance with Section 8-3.1(f) of the Kauai County Code, 1987, as amended. Application shall be deemed complete when the above requirements have been satisfied and the following have been received: 1. Twelve (12) copies of the FINAL application. 2. Non-refundable filing fee payable to the COUNTY OF KAUAI, DIRECTOR OF FINANCE. 3. The filing fees are as follows: o State Land Use District Boundary Amendment =$150.00 o General Plan Amendment =$600.00 o Zoning Amendment =$300.00 o Special Permit = $150.00 o Use Permit, Project Development Use Permit, Variance Permit = $300.00 o Class III Zoning Permit = $200.00 o Class IV Zoning Permit = $800.00 o Special Management Area Use Permit = $1,476.46 o Special Management Area Minor Permit = $150.00 o Shoreline Setback Variance Permit = $300.00 4. Digital copy (.PDF preferred) of entire transmittal including documents & exhibits on a CD or DVD. Incomplete __________________________________________________________________ Application Deemed Complete as all information has been submitted and necessary fees have been paid. By: _________________________________________ Date: _______________________________ 2 PLANNING DEPARTMENT County of Kaua‘i, State of Hawai‘i 4444 Rice Street, Suite A-473, Līhu‘e, Hawai‘i 96766 TEL (808) 241-4050 FAX (808) 241-6699 GENERAL CLASS III & IV ZONING REQUIREMENTS CHECKLIST Project Name:TMK: (4) Applicant(s):Permit Nos. REQUIRED INFORMATION APPLICANT & PROPERTY INFORMATION Exhibit and/or Page Number Staff Comments 1 Zoning Permit Application Form or Petition for Amendments. The Application Form or Petition shall be completed and provide the required information pertaining to the property, such as: Tax Map Key number(s), State Land Use District Designation (SLUD), General Plan Designation, and County Zoning Designation. 2 Documents that verify ownership of the property under the subject application(s), or that the Applicant is the Authorized Agent o the property owner(s). 3 If the Applicant is not the owner(s) of the subject parcel, then a notarized written authorization for the application by the owner shall be included. Said authorization shall include the owner’s name, mailing addresses, contact information (i.e. phone number, cell number, email address) 4 Agent’s name, mailing address, and contact information (i.e. phone number, cell number, email address) GRAPHIC & SCHEMATIC REQUIREMENTS Exhibit and/or Page Number Staff Comments 5 Location Map identifying the project site, adjacent roadway, and identifying landmarks. 6 Schematic Site Development Plan of Plot Plans drawn to scale that identify the following: o Property lines and easements with its dimensions, total land or parcel area calculations; o County and SLUD Zoning and General Plan Designation areas of the property and applicable densities; o Flood Zone(s) and required elevations; o Location, size, and dimensions of all existing and proposed buildings, structures, improvements and uses; o Building setback distances to property lines, between buildings, right-of-ways, and parking lots; o Proposed Lot Coverage calculations and areas; o Topographic information showing existing features, conditions and drainage patterns, and proposed grading & finished grade elevations, and drainage patterns; o Location of environmentally sensitive areas, habitat and botanical features which include, but are not limited to, wetlands, streams, rock outcroppings, endangered plants and animals, and exceptional trees; o Existing and proposed landscaping which depicts open spaces, plantings and trees; o Existing and proposed roadways, and accesses to the project site; and o Certified Shoreline, shoreline setback lines, stream and other setback lines. Bandmann ag. storage shed 4-6-011:049 Aaron E. Bandmann and Kanoelani S. Bandmann Trustees Exs. A, C, DandE Ex. A Ex. B Ex. B Ex. C Ex. I Exs. D and E Ex. F Ex. I Ex. I Ex. I Exs. J and K N/A Ex. J Exs. C, I and J N/A 3 7 Conceptual Building Plans (drawn to scale): o All existing and/or proposed building elevations with finished material called out. Exterior Elevations shall identify the existing and finished grade; o Building heights, maximum wall plate height, cross sections that are drawn to scale and clearly define the architectural character of the development; and o Floor plans of all buildings and typical unit types for multi-family projects; WRITTEN REQUIREMENTS Exhibit and/or Page Number Staff Comments 8 A Report or Statement addressing the following: o 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; o 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 Kaua‘i County Code or regulation citing the specific standards and criteria for granting of the permit or amendment being requested; o 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; o 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; o Status reports of all Zoning Amendment ordinance conditions, existing Land Use Permit conditions, and Subdivision Application conditions pertaining to the project site; o 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; o 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; o Sewage Disposal Analysis –A description of a proposed method of sewage disposal; o Solid Waste Disposal Analysis –A description of a proposed method of solid waste disposal, including methods for recycling, reclamation and waste stream diversion; and o 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. 9 A completed evaluation form or written comments from the County Housing Division relative to the County’s housing requirements, pursuant to Ordinance No. 860. ADDITIONAL INFORMATION (SUBJECT TO DIRECTOR’S DETERMINATION) APPLICANT & PROPERTY INFORMATION Exhibit and/or Page Number Staff Comments 10 Title Report necessary for the project site. Title Insurance will be mandatory for all affected Kuleana parcel(s). GRAPHIC & SCHEMATIC REQUIREMENTS Exhibit and/or Page Number Staff Comments 11 Schematic Site Development Plans of Plot Plans drawn to scale, which identify the following: o Location of existing or required access to shoreline or traditional site either on property or adjacent to; and o Certified Shoreline, shoreline setback lines, stream and other setback lines. 3DJHV Exs. I and J Ex. I Ex. I Pages 3 - 5 Pages 5 - 8 Pages 8 - 9 Page 2 Pages 2 - 10 N/A N/A N/A N/A N/A N/A N/A N/A 4 12 Three (3) dimensional drawings of models, which clearly indicates the relation of the proposed development to other uses and structure within the surrounding area, and show the development in the context of significant viewplanes. 13 Dated photographs of the project site, existing structures, and the surrounding area. WRITTEN REQUIREMENTS Exhibit and/or Page Number Staff Comments 14 Additional information to the included in the required report: o Preliminary archaeological and historical data; o A preservation/mitigation plan; o Traffic Impact analysis showing level of service with and without the project, when required by the State Department of Transportation OR County Department of Public Works; o A Transportation Master Plan, which includes vehicle, pedestrian and other forms of circulation to adjacent services and destinations; o For parcel located in SLUD Agricultural or County Agriculture zoning district, an assessment of the impact which the proposed use may have on agricultural use of the parcel, which includes but is not limited to, feasibility analysis of potential agricultural uses suited for the project site; o A Water Master Plan, which aligns to the goals of the 2020 Water Plan for Kaua‘i; o A baseline study and preservation/mitigation plan for environmentally sensitive areas and endangered species habitat; o A summary of all meetings held between the Applicant and any community or residential group that may be impacted by the Applicant’s proposal, the issues raised at these meetings, and any proposed mitigation measures by the Applicant to deal with the raised concerns; o For properties adjacent to the shoreline or containing traditional access or sites requiring access –A Preservation/Mitigation Plan detailing how access will be allowed and managed; o For projects near the shoreline, riparian areas or wetlands, or those involving intensive landscaping or turf management, such as golf courses –Identification and assessment of chemicals and fertilizers used, including but not limited to, detailing effects upon surface, underground and marine water resources and neighboring properties and surrounding flora & fauna. If applicable, provide a mitigation plan and maintenance program and schedule; o For properties listed on the Kaua‘i Historic and Non-Historic Resource Inventory –An inventory and description of historic features on the property; o Proposed Employee Housing Plan; and o Description of sustainable strategies incorporated into project, including but not limited to, strategies to reduce water and energy and material consumption, promote alternative forms of transportation, reduce wastewater and storm runoff, waste stream diversion and encourage the preservation of function ecosystem, i.e. LEEDS, Los Impact Design, Green Building principles, recycling, composting, BMP’s, etc.. ADDITIONAL PERMITS Exhibit and/or Page Number Staff Comments 15 For projects located within the Special Treatment District –The Applicant shall comply with necessary requirements of Section 8-11.5 of the KCC, and provide information noted in the Special Treatment District Checklist. 16 For projects located within the Special Management Area (SMA) –The Applicant shall complete & submit an SMA Assessment application of the proposed development. 17 For properties located within 500 feet of the shoreline –The Applicant shall comply with the requirements of Section 8-27 of the KCC, entitled “Shoreline Setback and Coastal Protection,” and provide the necessary information contained in the Shoreline Setback checklist. 18 If applicable, the petition requirements and content for a Special Permit, pursuant to Chapter 13 of the Rules of Practice and Procedures of the Planning Commission, and Chapter 205 of the Hawai‘i Revised Statutes (HRS). 19 A Finding of No Significant Impact (FONSI) or Final Environmental Impact Statement (EIS), when required by Chapter 343 of the Hawai‘i Revised Statutes (HRS). 1$ 1$ N/A Ex. J Page 5 N/A N/A N/A Pages 5 - 8 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A CADES SCHUTTE A Limited Liability Law Partnership MAUNA KEA TRASK 8418 P.O. Box 1205 Lihu’e, HI 96766 Telephone: (808) 521-9297 Facsimile: (808) 540-5015 Email: mtrask@cades.com Attorneys for Applicants AARON E. BANDMANN AND KANOELANI S. BANDMANN, TRUSTEES OF THE AARON BANDMANN AND KANOELANI BANDMANN SELF-TRUSTEED TRUST, DATED JUNE 11, 2020 BEFORE THE PLANNING COMMISSION OF THE COUNTY OF KAUAI In The Matter of The Application Of AARON E. BANDMANN AND KANOELANI S. BANDMANN, TRUSTEES OF THE AARON E. BANDMANN AND KANOELANI S. BANDMANN SELF-TRUSTEED TRUST, DATED JUNE 11, 2020, affecting real property located at 6121 Alapaki Rd., Kapaa, HI, and more particularly identified as Tax Key No. (4) 4-6-011:049, and containing an area of 87,773 sq. ft., more or less. ) ) ) ) ) ) ) ) ) ) ) ) ) ) USE PERMIT NO. U- CLASS IV ZONING PERMIT NO. Z-IV APPLICATION FOR USE PERMIT AND CLASS IV ZONING PERMIT; EXHIBITS "A" – "L" APPLICATION FOR USE PERMIT AND CLASS IV ZONING PERMIT TABLE OF CONTENTS (Continued) Page i I. APPLICANT AND PROPERTY INFORMATION .................................................... 1 II. LOCATION MAP IDENTIFYING THE SITE, ADJACENT ROADWAYS AND IDENTIFYING LANDMARKS ........................................................................ 1 III. COUNTY ZONING AND GENERAL PLAN DESIGNATION AREAS OF THE PROPERTY ............................................................................................................ 1 IV. FLOOD ZONES AND REQUIRED ELEVATIONS .................................................. 2 V. PRIOR PERMITTING OF THIS PARCEL .................................................................. 2 VI. LOCATION, SIZE AND DIMENSIONS OF EXISTING AND PROPOSED STRUCTURES AND USES ........................................................................................... 2 VII. OFF STREET PARKING FOR EXISTING AND PROPOSED USES ..................... 4 VIII. TOPOGRAPHIC INFORMATION, WITH EXISTING FEATURES, CONDITIONS AND DRAINAGE PATTERNS .......................................................... 4 IX. TOPOGRAPHIC INFORMATION, WITH PROPOSED GRADING AND FINISHED GRADE ELEVATIONS AND GRADING PATTERNS .................... 4 X. LOCATION OF ENVIRONMENTALLY SENSITIVE AREAS, HABITAT AND BOTANICAL FEATURES .................................................................................. 5 XI. EXISTING AND PROPOSED ROADWAYS AND ACCESSES TO THE PROJECT ......................................................................................................................... 5 XII. CERTIFIED SHORELINE, SHORELINE SETBACK LINES, STREAM AND OTHER SETBACK LINES ............................................................................................ 5 XIII. IDENTIFICATION OF ARCHAEOLOGY, ENVIRONMENTALLY SENSITIVE AREAS, HABITAT AND BOTANICAL FEATURES ........................ 5 XIV. BUILDING HEIGHTS/FLOOR PLANS ...................................................................... 5 XV. SUMMARY OF PERMITS ............................................................................................ 6 XVI. POLICIES AND OBJECTIVES OF THE KAUAI COUNTY GENERAL PLAN ................................................................................................................................ 7 A. Kauai County General Plan. .............................................................................. 7 B. Community Planning District.. .......................................................................... 7 C. Agriculture Zoning District. ............................................................................... 8 TABLE OF CONTENTS (Continued) Page ii XVII. DETAILED LAND USE HISTORY OF THE PARCEL, INCLUDING FORMER AND EXISTING STATE AND COUNTY LAND USE DESIGNATIONS, VIOLATIONS AND USES. .......................................................... 9 A. Land Use Designations. .................................................................................... 9 1. SLUC. ..................................................................................................... 9 2. Kauai General Plan. .............................................................................. 9 3. Zoning. . ............................................................................................... 9 B. Development Plan Area. . .............................................................................. 9 C. Special Management Area. ........................................................................... 9 D. Special Treatment/Constraint District. . ........................................................ 9 E. Violations. .......................................................................................................... 9 F. Prior Uses. ......................................................................................................... 10 G. Traditional Native Hawaiian Rights and Practices. .................................. 10 XVIII. CONCLUSION ................................................................................................................ 11 1 APPLICATION FOR USE PERMIT AND CLASS IV ZONING PERMIT I. APPLICANT AND PROPERTY INFORMATION The Applicants in this matter are AARON E. BANDMANN and KANOELANI S. BANDMANN, Trustees of the Aaron E. Bandmann and Kanoelani S. Bandmann Self-Trusteed Trust, dated June 11, 2020 (“Applicants”), by and through their undersigned attorney. Legal title to the real property that is the subject of this application is held by Applicants. See, Exhibit "A". A letter of authorization is attached here as Exhibit “B”. II. LOCATION MAP IDENTIFYING THE SITE, ADJACENT ROADWAYS AND IDENTIFYING LANDMARKS The subject property is located at Kapahi, Kawaihau District, Island and County of Kauai, State of Hawaii, identified as Tax Key No. (4) 4-6-011:049, and contains 2.015 acres or 87,773 sf., more or less (the “ Property”). Attached as Exhibit "C" is a location map depicting the Property, adjoining properties and roadways. Access to the parcel is primarily from Kawaihau Road to Ka’apuni Road and then to Alapki Road. III. COUNTY ZONING AND GENERAL PLAN DESIGNATION AREAS OF THE PROPERTY The property's land use and zoning classifications are as follows: - State Land Use Agricultural District (Exhibit “D”); - County of Kauai Agriculture (A) zoning district Kauai (Id.); and - Kauai General Plan Agricultural land use district (Exhibit “E”). - The Property is not located in any county Special Treatment or Constraint district. 2 IV. FLOOD ZONES AND REQUIRED ELEVATIONS The property is located in non-special flood hazard area Zone X, which is an area considered by the Federal Emergency Management Agency (“FEMA”) to be a low-to-moderate risk flood zone and is determined to be outside the 0.2% annual chance floodplain. See, Exhibit “F”. V. PRIOR PERMITTING OF THIS PARCEL The Property is Lot 2-L, being a portion of Kapahi Farm Lots situate on the West side of Ka’apuni Road at Kapahi, District of Kawaihau, Island and County of Kauai, State of Hawaii, being a portion of Grant 13298. There is one single-family residence located on the Property. According to a check with the Planning Department, the residence was built in 1959 and no current zoning permit number exists for this structure. In 1989, Class I zoning permit Z-1303-89 was granted for the construction of a carport. Applicants have been actively raising goat, pigs, chickens, and periodically cattle on the Property for many years. In 2019, Applicants inherited the Property from Mrs. Bandmann’s grandparents, Albert and Helen Bettencourt. Upon inheriting the Property, Applicants dedicated the Property to agricultural use pursuant to Kauai County Code (“KCC”) § 5A-9.1. See, Exhibit “G”. In 2021, the Planning Department granted Applicants Class I zoning permit Z-241-21 for the construction of an agricultural building. See, Exhibit “H”. VI. LOCATION, SIZE AND DIMENSIONS OF EXISTING AND PROPOSED STRUCTURES AND USES The Property is divided into two areas. The makai portion of the Property consists of a pasture in which Applicants’ livestock graze. The mauka portion of the Property contains Applicants’ farm dwelling and accessory structures. Currently the Property contains four (4) structures, all of which are directly related to agricultural use. 3 Single-family residence 1,457 sq. ft. Ag. storage building 1,000 sq. ft.1 Livestock building 560 sq. ft. Carport (workshop) 1,200 sq. ft. Total 4,217 sq. ft. A plot plan is attached as Exhibit “I”. The total lot coverage is 4,217 sq. ft., 4.8% of the 87,773 sq. ft. parcel. Applicants do not propose to construct any new structures on the Property. Instead, Applicants are proposing to use the existing approved 1,000 sq. ft. agricultural storage building to store agricultural products they have purchased at wholesale, which Applicants will then sell and transport to their customers. The agricultural products Applicants will sell includes livestock feed, and other agricultural supplies and livestock products. At no time will Applicants operate the agricultural storage shed as an on-site feed store or other on-site retail outlet, and there will be no customers coming to the Property to purchase agricultural products. Applicants are seeking a Use Permit from the Planning Commission in order to support Kauai’s small scale diversified agricultural industry. As stated in Section V, Applicants have been farming the Property for years. However, Applicants and their families have been farming on the east-side of Kauai in general for generations. As a young man, Mr. Bandmann worked at R.J. Farias Ranch and Feed Supply located at 6001 Ka’apuni Road, approximately 700 ft. mauka from the Property. Growing up, Mr. Bandmann recalls all of the east-side farmers purchasing their feed, 1 Although the first page of Applicants plans indicate the “proposed storage shed” is 2,400 sf., architect Neil Kagimoto corrected this calculation, and the second page of Applicants’ plans correctly indicate the approved agricultural storage building is 1,000 sf. See, Exhibit “I” at 2. 4 and farm and animal products from Mr. Farias’ feed store. However, the feed store closed upon Mr. Farias retiring. This has created a tremendous need in Kauai’s east-side agricultural community. Kauai farmers are isolated, and the rising cost of feeding and caring for livestock is forcing Kauai’s small local farms to go out of business. Applicants will accommodate the needs of local farmers by offering feed and livestock products at a more affordable price because Applicants will not have to pay for overhead and other costs otherwise required to operate a traditional storefront commercial retail outlet. VII. OFF STREET PARKING FOR EXISTING AND PROPOSED USES Parking for two cars is currently provided on the property. No additional parking is necessary because Applicants will not have any customers coming to the Property. VIII. TOPOGRAPHIC INFORMATION, WITH EXISTING FEATURES, CONDITIONS AND DRAINAGE PATTERNS The property is flat and contains the aforementioned structures as well as perimeter landscaping, including palms and hedges, and a portion of the Property is fenced to contain Applicants’ livestock. See, Exhibit "J". The Property is approximately 30 ft. above sea level. See, Exhibit “K”. The existing drainage pattern and other conditions of the Property will be maintained. IX. TOPOGRAPHIC INFORMATION, WITH PROPOSED GRADING AND FINISHED GRADE ELEVATIONS AND GRADING PATTERNS Applicants will not be conducting any grading in relation to the requested use, and the existing elevations and topography will not change. 5 X. LOCATION OF ENVIRONMENTALLY SENSITIVE AREAS, HABITAT AND BOTANICAL FEATURES There are no environmentally sensitive areas on the Property. The Property is surrounded by single-family residences, farm dwellings, pastures, and other agricultural uses. There are no critical habitats in the area, nor are there any sensitive botanical features. XI. EXISTING AND PROPOSED ROADWAYS AND ACCESSES TO THE PROJECT The Property can be accessed two ways. First, via Kawaihau Road to Ka`apuni Road and then Alapaki Road. Second, via Olohena Rd. to Ka`apuni Road and then Alapaki Road. No roadways are proposed to be developed as part of this application. XII. CERTIFIED SHORELINE, SHORELINE SETBACK LINES, STREAM AND OTHER SETBACK LINES The property does not abut any shoreline or stream. XIII. IDENTIFICATION OF ARCHAEOLOGY, ENVIRONMENTALLY SENSITIVE AREAS, HABITAT AND BOTANICAL FEATURES There are no archaeological features on the Property. There are no environmentally sensitive areas on the Property. There are no critical habitats or other sensitive botanical features on the Property. XIV. BUILDING HEIGHTS/FLOOR PLANS The building in which the proposed use will take place is a one-story structure that is currently used as an agricultural storage building. The structure is 40’ x 25’ for a total of 1,000 sq. ft. See, Exhibit “I” at 2. The building is between 8’ and 9’ tall, given the slope of the roof. Id. There is no electric or plumbing within the structure. The structure consists of a repurposed shipping container and a wooden roof overhang. 6 XV. SUMMARY OF PERMITS Applicants are requesting a Use Permit and Class IV Zoning Permit. Pursuant to the Comprehensive Zoning Ordinance (“CZO”) livestock and grazing (CZO §8-2.4(q)(11)), and accessory uses (CZO §8-2.4(q)(1)) are both permitted uses on Agriculture zoned lands. However, retail sales require a Use Permit. CZO §8-2.4(r)(16)). A Class IV Zoning Permit is required pursuant to CZO §8-8.4(d)(1). Pursuant to Section 8-3.2 of the CZO: 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 in a district, or only under certain conditions, or only if the uses are designed, arranged or conducted in a particular manner, and to prohibit such uses if the proper integration cannot be assured. Applicants already legally store livestock feed, supplies, and agricultural products on the Property within the storage shed for their own personal use. All Applicants are requesting is they also be allowed to use their storage shed as a way station to sell and deliver similar agricultural products to small local farmers. Customers will not be coming to the Property to purchase any products, and Applicants will not be engaging in large volume sales. No additional water use is required as part of the proposal. The proposed use will not be an on-site retail operation. Further, a more expansive feed store operation was located approximately 700 ft. mauka of the Property. Thus, the proposed use is not a novel concept in this area of Kapahi and is actually consistent with historical agricultural usage within the neighborhood. Additionally, approximately forty-six (46) of Applicants’ fellow farmers and neighbors support the proposed use. See, Exhibit “L”. For all of the aforementioned reasons, Applicants submit that the nature and character of the business will assure the proper integration of the proposed use into this agricultural community. Further, given previous similar uses in the area, Applicants believe the proposed use is suitable to this 7 specific location and the use will be compatible with and will not be detrimental to the health, safety, peace, morals, comfort and the general welfare of persons residing or working in the neighborhood. Applicants’ proposed use will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the community and will not cause any substantial harmful environmental consequences on the Property or on other lands or waters. Finally, the proposed use is not inconsistent with the intent of the CZO or the General Plan. XVI. POLICIES AND OBJECTIVES OF THE KAUAI COUNTY GENERAL PLAN A. Kauai County General Plan. The property is located in the Agricultural land use designation of the General Plan ("GP"). Applicants’ proposal is consistent with the County’s policy to preserve and protect Agricultural lands by nurturing small-scale farms, promoting diversified agriculture, and strengthening agricultural partnerships. GP at 166. Applicants’ proposal is also consistent with the General Plan’s policy to cultivate economic diversification and resiliency by attracting new agricultural support industries. Id. Applicant's proposed use will take place within an existing permitted agricultural structure and will not have a significant impact on the surrounding environment. As stated in the General Plan, a productive agricultural system not only involves having lands available for farming, but also creating and supporting the mechanisms necessary for growing and processing food and materials. GP at 170. For the agricultural sector to be productive and profitable, agriculture must be recognized as a collection of both large and small businesses supported by a workforce, strong public-private partnerships, and the community. Id. This is exactly what Applicants’ proposed use seeks to accomplish, and the County must do its part in supporting agriculture by granting Applicant’s request. B. Community Planning District. The property is located in the East Kauai planning district as provided in the General Plan. However, currently there is no East Kauai development 8 plan. A citizen advisory committee was formed in or about 2014 to begin the process of developing an East Kauai development plan but the process has stalled. Currently, the only applicable development plan on Kauai’s eastside is the Kapaa-Wailua Development Plan, and the Property is not within the Kapaa-Wailua planning district. C. Agriculture Zoning District. The purposes of the Agriculture zoning district are set forth in CZO § 8-8.1, which provides in pertinent part as follows: (a) To protect the agriculture potential of lands within the County of Kauai to insure (sic) a resource base adequate to meet the needs and activities of the present and future; (b) To assure a reasonable relationship between the availability of agriculture lands for various agriculture uses and the feasibility of those uses; and (c) To limit and control the dispersal of residential and urban use within agriculture lands. Applicants’ proposed use is consistent with the purposes of the county Agriculture zoning district because it will directly support small local farming operations. The agricultural products will be stored within an existing approved agricultural structure presently being used to store livestock feed and other agricultural products, so no agricultural lands or uses will be displaced as a result of the use. The proposed use will allow small local farmers to purchase livestock feed and other products that are critical to their ability to continue farming at a price they can afford. Without local businesses that cater to the needs of Kauai’s smaller farmers, small scale agriculture operations are not feasible on Kauai due to the high cost of land and imports. The proposed use is an important part of Kauai’s diversified agriculture industry and contributes to the assurance of a reasonable relationship between the availability of agriculture lands and the feasibility of actually engaging in agricultural uses. 9 Finally, the proposal does not constitute either an urban or residential use of agricultural lands. No additional structures are proposed, and Applicants are simply requesting the ability to sell agricultural products that they otherwise have on hand to other small scale local farmers. XVII. DETAILED LAND USE HISTORY OF THE PARCEL, INCLUDING FORMER AND EXISTING STATE AND COUNTY LAND USE DESIGNATIONS, VIOLATIONS AND USES. A. Land Use Designations. The respective State Land Use Commission ("SLUC"), Kauai General Plan, County of Kauai Zoning and other relevant land use designations for the Subject Property are as follows: 1. SLUC. The property is entirely in the SLUC Agricultural District. Applicants understand the Property has been located in the SLUC Agricultural District since the inception of the SLUC Districts. 2. Kauai General Plan. The property is entirely in the Kauai General Plan Agricultural Land Use Designation and has always been designated Agricultural under prior General Plans. 3. Zoning. The property is entirely in the county Agriculture zoning District and has been located in the Agriculture zoning District since the adoption of the CZO in 1972. B. Development Plan Area. The property is located outside of the Kapaa-Wailua Development Plan Area as provided by the Wailua-Kapaa Development Plan Ordinance (June 16, 1975). C. Special Management Area. The property is not within the Special Management Area ("SMA") of the County of Kauai. D. Special Treatment/Constraint District. The property is not within the either the county Special Treatment District or Constraint District. E. Violations. There are no existing violations of any land use laws or regulations affecting the property. 10 F. Prior Uses. The Property has always been used for agricultural purposes consistent with its land use and zoning. G. Traditional Native Hawaiian Rights and Practices. Under Article XII, Section 7 of the Hawaii State Constitution, the State of Hawai’i: [R]eaffirms and shall protect all rights, customarily and traditionally exercised for subsistence, cultural and religious purposes and possessed by ahupua‘a tenants who are descendants of native Hawaiians who inhabited the Hawaiian Islands prior to 1778, subject to the right of the State to regulate such rights. For the purpose of practicing [Native Hawaiian] traditional and customary rights, practitioners may practice anywhere that those rights have been traditionally and customarily exercised in that manner – on land that is less than “fully developed.” David M. Forman and Susan K. Serrano, Ho’ohana Aku, a Ho’ola Aku: A Legal Primer for Traditional and Customary Rights in Hawaii, December 2012; citing, Public Access Shoreline Hawaii (“PASH”) v. Hawaii County Planning Commission, 79 Haw. 425, 903 P.2d 1246. However, if property is deemed "fully developed," i.e., lands zoned and used for residential purposes with existing dwellings, improvements, and infrastructure, it is always "inconsistent" to permit the practice of traditional and customary native Hawaiian rights on such property. State v. Hanapi, 89 Haw. 177, 970 P.2d 485. As stated above, the Property is part of a long-standing agricultural subdivision and has been occupied with a single-family residence since at least 1959. The Property is fenced and used for residential and agricultural purposes with existing improvements and infrastructure. Further, Applicants attest that in all the years that the Property has been in their family, no Native Hawaiians have ever engaged in traditional and customary practices on the Property. Therefore, the proposed use will not have any adverse effect on the exercise of traditional and customary practices on the property by Native Hawaiians. XVIII. CONCLUSION For all of the foregoing reasons, the Applicant respectfully requests the Planning Commission grant its application for a Use Permit and Class IV Zoning Permits and allow the Applicant to engage in the sale of agricultural products to small local farmers as described herein. DA TED: Lihue, Kauai, Hawaii, March 31, 2022. 6408093 .v3 CADES SCHUTTE LLP c~-::::::::::::-5-- MAUNA KEA TRASK Attorneys for Applicants AARON E. BANDMANN AND KANOELANI S. BANDMANN, TRUSTEES OF THE AARON E. BANDMANN AND KANOELANI S. BANDMANN SELF-TRUSTEED TRUST, DATED JUNE 11, 2020 11 EXHIBIT A APPLICANT'S AUTHORIZATION I.APPLICANT. Name: Address: Aaron Sandmann & Kanoelani Bandmann Self-Trusteed Trust Aaron Sandmann, Trustee Kanoelani Sandmann, Trustee 6121 Alapaki Road Kapaa,Hl9746 11.AUTHORIZED AGENT. 111. Name: Address: Telephone: Facsimile: Email: PROPERTY. Mauna Kea Trask, Esq. Cades Schutte LLP P.O. Box 1205 Lihue, HI 96766 (808) 521-9297 (808)540-5015 mtrask@cades.com 6121 Alapaki Road Kapaa, Hawaii Kauai Tax Map Key No. (4) 4-6-011:049 EXHIBIT "B" IV.AUTHORIZATION. The Applicant hereby authorizes the Authorized Agent(s} to act on the Applicant's behalf and to file and process on the Applicant's behalf any and all applications necessary to obtain governmental permits related to the Subject Property, including, but no limited to, the following: 1.Building permits, grading permits, use permits, variance permits, zoning permits, shoreline setback determinations, and Special Management Area permits issued by any department, agency, board or commission of the County of Kauai. 2.Permits issued by the Department of Health of the State of Hawaii. 3.Permits issued by the Board of Land and Natural Resources of the State of Hawaii and/or the Department of Land and Natural Resources of the State of Hawaii, including shoreline certifications. 4.Permits issued by the Land Use Commission of the State of Hawaii. 5.Approval before the United States Department of Agriculture, Natural Resources Conservation Service. DATED: ___ tJ_Z--_"Z-_i--:_rl-_-,.. _____ _ AARON SANDMANN, Trustee KANOELANI SANDMANN, Trustee EXHIBIT "B" Developed by Parcel ID 460110490000 Acreage 2.015 Class HOMESTEAD Situs/Physical Address 6121 ALAPAKI RD Mailing Address BANDMANN,AARON E/KANOELANI S SELF- TRD TR PO BOX 2237 KAPAA HI 96746 Total Market Value $850,000 Total Assessed Value $666,800 Total Exemptions $160,000 Total Net Taxable Value $506,800 Last 2 Sales Date Price Reason n/a 0 n/a n/a 0 n/a Brief Tax Description LOT 2-L KAPAHI FARM LOTS 2.015 AC DES (Note: Not to be used on legal documents) The Geographic Information Systems (GIS) maps and data are made available solely for informational purposes. The GIS data is not the official representation of any of the information included, and do not replace a site survey or legal document descriptions. The County of Kauai (County) makes or extends no claims, representations or warranties of any kind, either express or implied, inluding, without limitation, the implied warranties of merchantability and fitness for a particular purpose, as to the quality, content, accuracy, currency, or completeness of the information, text, maps, graphics, links and other items contained in any of the GIS data. In no event shall the County become liable for any errors or omissions in the GIS, and will not under any circumstances be liable for any direct, indirect, special, incidental, consequential, or other loss, injury or damage caused by its use or otherwise arising in connection with its use, even if specifically advised of the possibility of such loss, injury or damage. The data and or functionality on this site may change periodically and without notice. In using the GIS data, users agree to indemnify, defend, and hold harmless the County for any and all liability of any nature arising out of or resulting from the lack of accuracy or correctness of the data, or the use of the data. Date created: 2/15/2022 Last Data Uploaded: 2/15/2022 3:43:59 AM 590 ft Overview Legend Parcels CPR Units Roads EXHIBIT C EXHIBIT D 5.2 FUTURE LAND USE MAPS | 5.0 POLICY mAPs 239 Figure 5-6 East Kaua‘i Land Use Map Kūhiō H w y Wailua Moloaʻa Kapaʻa Anahola K u amoʻoRd Kapaʻa Bypass Rd CoconutMarketplace KapaʻaMiddle School MahelonaMedical Center AnaholaPost Office Bryan J. BaptisteSports Complex Kapa‘a Beach Park Coco Palms OlohenaRd A li o m anuRdKūhiō HwyKeālia LandUse Map- East Kauaʻi 0 1 20.5 Miles N1 in = 1 miles Reservoirs Natural Agricultural Parks and Recreation Homestead Resort Roads Industrial Residential Community Neighborhood Center Neighborhood General Streams Major Roads Planning District Boundary USGS 40 ft. Contours Kūhiō H w y Wailuā Moloa’a Kapaʻa Anahola KuamoʻoRd KapaʻaBypass Rd CoconutMarketplace KapaʻaMiddle School MahelonaMedical Center AnaholaPost Office Bryan J. BaptisteSports Complex Kapa‘a Beach Park Coco Palms OlohenaRd A lio m anuRdKūhiōHwyKeālia Land Use Map - East Kauaʻi 0 1 20.5 Miles N1 in = 1 miles Reservoirs Natural Agricultural Parks andRecreation Homestead Resort Military Golf Course Agricultural (IAL) Major Roads Planning District Boundary Roads Streams Residential Community NeighborhoodCenter NeighborhoodGeneral Transportation Industrial KūhiōHwy Wailuā Moloa’a Kapaʻa Anahola KuamoʻoRd KapaʻaBypass Rd CoconutMarketplace KapaʻaMiddle School MahelonaMedical Center AnaholaPost Office Bryan J. BaptisteSports Complex Kapa‘a Beach Park Coco Palms OlohenaRd AliomanuRd KūhiōHwyKeālia Land Use Map - East Kauaʻi 0 1 20.5 Miles N1 in = 1 miles Reservoirs Natural Agricultural Parks andRecreation Homestead Resort Military Golf Course Agricultural (IAL) Major Roads Planning District Boundary Roads Streams Residential Community NeighborhoodCenter NeighborhoodGeneral Transportation Industrial KūhiōHwy Wailua Moloaʻa Kapaʻa Anahola KuamoʻoRd KapaʻaBypass Rd CoconutMarketplace KapaʻaMiddleSchool MahelonaMedical Center AnaholaPost Office Bryan J. BaptisteSports Complex Kapa‘a Beach Park Coco Palms OlohenaRd AliomanuRd KūhiōHwyKeālia LandUse Map- East Kauaʻi 0 1 20.5 Miles N1 in = 1 miles Reservoirs Natural Agricultural Parks and Recreation Homestead Resort Roads Industrial Residential Community Neighborhood Center Neighborhood General Streams Major Roads Planning District Boundary USGS 40 ft. Contours KūhiōHwy Wailua Moloaʻa Kapaʻa Anahola KuamoʻoRd KapaʻaBypass Rd CoconutMarketplace KapaʻaMiddleSchool MahelonaMedical Center AnaholaPost Office Bryan J. BaptisteSports Complex Kapa‘a Beach Park Coco Palms OlohenaRd AliomanuRd KūhiōHwyKeālia LandUse Map- East Kauaʻi 0120.5 Miles N1 in = 1 miles Reservoirs Natural Agricultural Parks and Recreation Homestead Resort Roads Industrial Residential Community Neighborhood Center Neighborhood General Streams Major Roads Planning District Boundary USGS 40 ft. Contours ONLINE VERSION ONLINE VERSION EXHIBIT E Flood Hazard Assessment Report Disclaimer: The Hawaii Department of Land and Natural Resources (DLNR) assumes no responsibility arising from the use, accuracy, completeness, and Ɵmeliness of any informaƟon contained in this report. Viewers/Users are responsible for verifying the accuracy of the informaƟon and agree to indemnify the DLNR, its oĸcers, and employ- ees from any liability which may arise from its use of its data or informaƟon. If this map has been idenƟĮed as 'PRELIMINARY', please note that it is being provided for informaƟonal purposes and is not to be used for Ňood insurance raƟng. Contact your county Ňoodplain manager for Ňood zone determina- Ɵons to be used for compliance with local Ňoodplain management regulaƟons. Property InformaƟon COUNTY: FIRM INDEX DATE: THIS PROPERTY IS WITHIN A TSUNAMI EVACUTION ZONE: FOR MORE INFO, VISIT: hƩp://www.scd.hawaii.gov/ THIS PROPERTY IS WITHIN A DAM EVACUATION ZONE: FOR MORE INFO, VISIT: http://dlnreng.hawaii.gov/dam/ Flood Hazard InformaƟon SPECIAL FLOOD HAZARD AREAS (SFHAs) SUBJECT TO INUNDATION BY THE 1% ANNUAL CHANCE FLOOD - The 1% annual chance Ňood (100- year), also know as the base Ňood, is the Ňood that has a 1% chance of being equaled or exceeded in any given year. SFHAs include Zone A, AE, AH, AO, V, and VE. The Base Flood ElevaƟon (BFE) is the water surface elevaƟon of the 1% annual chance Ňood. Mandatory Ňood insurance purchase applies in these zones: Zone A: No BFE determined. Zone AE: BFE determined. Zone AH: Flood depths of 1 to 3 feet (usually areas of ponding); BFE determined. Zone AO: Flood depths of 1 to 3 feet (usually sheet Ňow on sloping terrain); average depths determined. Zone V: Coastal Ňood zone with velocity hazard (wave acƟon); no BFE determined. Zone VE: Coastal Ňood zone with velocity hazard (wave acƟon); BFE determined. Zone AEF: Floodway areas in Zone AE. The Ňoodway is the channel of stream plus any adjacent Ňoodplain areas that must be kept free of encroachment so that the 1% annual chance Ňood can be carried without increasing the BFE. NON-SPECIAL FLOOD HAZARD AREA - An area in a low-to-moderate risk Ňood zone. No mandatory Ňood insurance purchase requirements apply, but coverage is available in parƟcipaƟng communiƟes. Zone XS (X shaded): Areas of 0.2% annual chance Ňood; areas of 1% annual chance Ňood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 1% annual chance Ňood. Zone X: Areas determined to be outside the 0.2% annual chance Ňoodplain. OTHER FLOOD AREAS Zone D: Unstudied areas where Ňood hazards are undeter- mined, but Ňooding is possible. No mandatory Ňood insurance purchase apply, but coverage is available in parƟcipaƟng commu- niƟes. FLOOD HAZARD ASSESSMENT TOOL LAYER LEGEND (Note: legend does not correspond with NFHL) www.hawaiinfip.org Notes: BASEMAP: FIRM BASEMAP 0 600 1,200 ft KAUAI TMK NO:(4) 4-6-011:049 WATERSHED:MOIKEHA; WAIKAEA PARCEL ADDRESS:ADDRESS NOT DETERMINED KAPAA, HI 96746 FEBRUARY 26, 2021 LETTER OF MAP CHANGE(S):NONE FEMA FIRM PANEL:1500020201E PANEL EFFECTIVE DATE:SEPTEMBER 16, 2005 NO NO EXHIBIT F EXHIBIT G EXHIBIT H EXHIBIT I EXHIBIT J Koloa Wai‘ale‘ale Kapaa Hanalei Lihue Anahola ADJOINING 7.5' QUADRANGLES.. """""""!( !( !(̶E' ○ ─X̶○̶E' ○ ○ ○ ─X ○ ○ ○ ─X ─X ─X ─X ○ ○ ─X ○̶○ ○̶○ ○ ─X (! ○ #!" █n █n █n █n █n F H 1200 20 0 600 200 400 800 2 0 0 2006001200 600400400 6006004002004 0 0 6004001400 2400 2 0 0 0 400200 40010001000800400 200 40 0 40 0 200 200 2200 1000 2400 600 1 000 1400 600 800 400400 600 200 400 4001000 400 20 02800 4 00 1800 600600 800 1000400 1200 400400 800 800 200 400 800 400 400 200 60 0 1800 200 2002000600 600 800 1600 1400 200 6 0 0 6004002200 1800 800 8002001600 20040060 0 2001200 600400400800 800 600 600 200200200 1200 6008004001000 600 2600 800600 Hanamā‘ulu Airstrip ¬«581 ¬«50 ¬«56 ¬«583 ¬«56 ¬«56 ¬«580 ¬«581 ¬«51 ¬«580 ¬«583 ¬«56 ¬«570 HANAMAULU R D AHAKEA S T KAAP U NI RDHALEILIO R D K AWA IH AU RD K A W AIH A U R DKAEHULUA RDMAKALOA ST LOKELANI RD LEHO DRHOLIO RD ULU STNONOU RDCANE HAUL RDKOLOPUA ST K A AO RDALEO STKIN I PL KA HI R DOLOHENA RD MAKANI RDPALIKU PL KULA RD KUMOLE ST H O O HANA ST O H E S T H U L UIA RDAHELE DRHOKU RDWAIAK E A R D EGGERKING RDMOLO STKAA HELE ST KIHEI RD IWAENA RDCOCONUT PLANTATION P U UPILO RD LAIPO RDKANAELE RD HEHI RD L A NI RDKAINAHO L A R D KAUAI BEACH RD L IH A U STPOO RD WAILUA STATE PARK RD P A P A L O A RDKAMOKILA RDWANAAO R D KIPAPA RD HAUL CANE R D KEALIA R D HIPA RD MALAKIA STF E R N G R O T T O R D OPAEKAA RD KAMOLE RDEA RD OLOPUA ST NE H E RDL E H U A S T MAL U R DMAKANA RDHAUAALA RDKAHA NA S T WAIPOULI RD P U U K A A S T KAPOLI STMOALEPE RD WAIAHI ST C A N E RD NALU RDSOUZA PLHAUIKI R D HIE STK OA L I S T A U M O E RD OHU RDKAPAA BYPASS RD KIMO DRPUKA ST KEAPANA RDKAHAU STKAHUNA RDPANIHI RDUA RDKANEPOONUI RDMOANAKAI RDH E LENA L N MANULELE ST K A U A I B E A C H D R PAPAU STMOA RDPUUOPAE RDAPOPO RD KOKI R DPILILIAMOO RDKALA KEA PL KAPAHI RDM A I LI HUNA RD K A M A L U R D K UALAPA PL KAHOLALELE RDA L E K A L O O P PELEHU RDHUL EI RDL A U K O N A S T KALAMA RD HEKILI RDKaholalele Falls ‘Ōpaeka‘a Falls Wailua Falls Ho‘opi‘i Falls Kaua‘i Channel Wailua BayS N mMoalepe StreamOpaekaa Stream H a n a m ā ‘u l u S t r e a m Mimino Stream S F o r k W ailua RiverK onoh ik i Stream N F o r k W a i l u a R i v e r K ala m a Strea m Mimino Stream Kāwī StreamO p a e k a a S t ream K apaa S t r eamN Fork Wailua River Konohiki Stream Moale p e S t r e a m S Fork Wailua RiverOpaekaa StreamHanamā‘ul u St r e a mS Fork Wailua River M akaleha Strea m Konohiki Stream K a paa Stream Kumukumu Stream Kealia StreamKapa a S t ream Konohiki StreamWailua RiverPACIFIC O C E A N PACIFIC OCEAN PACIFIC OCEAN PACIFIC OCEAN Twin Reservoirs Wailua Reservoir Kapaia Reservoir Mimino Reservoir Pukaki Reservoir Aii Reservoir Okinawa Reservoir Halaula Reservoir Kauai Memorial Gardens o Hanamā‘ulu Kapahi Olohena Opaeopaeilio Kumukumu Keālia Papaloa Wailua House Lots Kapaia Kapa‘a Waipouli Wailua Wailua Homesteads Kawaihau u Kamahuna Pu‘upilo Kokomo Pōhāki‘iki‘i Aahoaka Maunakapu Puu Lawii Nounou Waiū Kalepa Kailiiliahinale Pohakupili Nounou Mountain Kapehuaala Pu‘u‘ōpae Sleeping Giant Nailiakauea Kainamanu Kapukaiki e Kālepa Ridge Kamali‘i Ridge Kuilau Ridge Kamo‘oho‘opulu Ridge Keiwa Ridge Makaleha Mountains Bellstone Hala‘ula Malae Heiau Hala‘ula Ahukini Landing Birthstone Heiau Hikina o ka la Heiau Hauola City of Refuge Ahukini Camp Polihale Heiau Wailua County Golf Course Keālia Landing Paliku Point Alakukui Point Waipouli Beach Keālia Beach Donkey Beach Wailua Beach Kawailoa 24 24 2' 63 30" 30" 24 4 000m FEET 33 58 62 36 45 22' 24 24 24 30" 1 39 4 4 38 4 5' 63 4 000 38 159° E 25'684 67 44 59 41 100 6664 24 20' 24 24 37 22'30" 000 000m FEET 39 4 37 24 3324 21° 24 000m 2' 17' 4 060 24 5' 17' 61 24 000m 4 43 4 407' 4 60 21° 710 41 65 07'4 62 22° 24 24 24 1 22° N 43 69 4 24 24 59 45 4 4 42 24 604 40 24 24 E 65 69 40 24 000 58 159° 30" FEET6166 35 24 24 59' N 4 34 30" 36 4 159° 34 444 670 42 68 30" 25' 4 4 64 FEET 00020' 59' 30" 67 159° 44 35 24 KAPAA, HI 2013 Expressway Local Connector ROAD CLASSIFICATION Ramp 4WD Secondary Hwy Local Road Interstate Route State RouteUS RouteWX./H KAPAA QUADRANGLE HAWAII-KAUAI CO. 7.5-MINUTE SERIES U.S. DEPARTMENT OF THE INTERIOR U. S. GEOLOGICAL SURVEY HAWAII QUADRANGLE LOCATION Imagery..................................Digital Globe, ©January 2010 Roads..............................................©2006-2012 TomTom Names..........................................................GNIS, 2012 Hydrography....................National Hydrography Dataset, 2010 Contours............................National Elevation Dataset, 2000 Boundaries....................Census, IBWC, IBC, USGS, 1972 - 2012 North American Datum of 1983 (NAD83) World Geodetic System of 1984 (WGS84). Projection and 1 000-meter grid: Universal Transverse Mercator, Zone 04Q Produced by the United States Geological Survey 10 000-foot ticks: Hawaii Coordinate System of 1983 (zone 4) This map was produced to conform with the National Geospatial Program US Topo Product Standard, 2011. A metadata file associated with this product is draft version 0.6.11 CONTOUR INTERVAL 40 FEET DATUM IS LOCAL MEAN SEA LEVEL SCALE 1:24 000 10.50 MILES 1 1000 0 1000 2000 3000 4000 5000 6000 7000 8000 9000 10000 FEET 1000 500 0 METERS 1000 2000 21KILOMETERS00.51 U.S. National Grid 100,000-m Square ID Grid Zone Designation DK 04Q × ÙMN GN UTM GRID AND 2013 MAGNETIC NORTHDECLINATION AT CENTER OF SHEET 0° 8´ 2 MILS 9° 41´172 MILS *7643016362255*NSN.7643016362255NGA REF NO.USGSX24K76531EXHIBIT K TESTIMONY FOR AARON BANDMANN We are Bob and Bronwyn Farias of Kapaa, Kauai, Hawaii. We have known Aaron since he was about 10 or 12. He helped us at our family feed store that we had been operating from a small delivery service to a brick and mortar operation that started in Kapaa town and continued in Kapahi next to the Kapahi park. Aaron helped Bob with maintenance at the feed store and learned the type of feeds for the different types of animals. He became Bob’s right hand man for everything from unloading shipping containers with newly shipped feed to carrying feed to customer’s cars to ringing up sales of feed to helping with deliveries to our customers on the North Shore. He could answer customer’s questions on feed and animal medicines and first aid. Aaron became a dedicated, hard worker and was very responsible and trustworthy. We could see that Aaron was destined for great achievements. He had dreams and aspirations that he planned out and we knew he would be successful. Aaron’s Army enlistment and his present employment with the Kauai Police Department shows he has slowly and carefully fulfilled much of what he had planned for his future and his family. Aaron is a successful entrepreneur, a good family man, a fine police officer, a solid citizen, and a wonderful friend. He is an asset to our community and a good resource in making our island more sustainable through his commitment to bringing good, honest work ethic to his ambitious business ventures. EXHIBIT L March 14, 2022 Subject: Letter of Support for Aaron Bandmannʻs feed store enterprise To Whom it may concern Please accept this letter of support for Aaron Bandmannʻs new feed store. There are currently four dedicated farm stores on the island of Kauai and a mere handful of other places to purchase feed for some livestock. None of these stores are geographically convenient for the east side of Kauai which is the largest population set as well as an agriculturally active zone. I am in the middle of administering a USDA grant for Malama Kauai that is training 27 beginning farmers and ranchers over three years for adding a small chicken farm component to their farming operations. Part of this program involves providing funded feed for 50 chicks and pullets. I found Mr. Bandmann when he reached out to us after reading our article in the newspaper about the program. He has since established a relationship with Malama Kauai, delivered high quality feed to my home so I could raise pullets and is a resource for the new chicken farmers. I have found him to be accommodating and timely, as well as knowledgeable about product and feed schedules for the birds. He has also proved himself to be reliable with creative problem solving, which is remarkably helpful with grant administration. Having a feed store on the East Side of Kauai will benefit the 11 small chicken farmers that are participating in our program on the east side in addition to the countless numbers of farms in our agricultural area, including the Moloaa area, which is the largest cluster of farms on the island. As Kauai takes steps towards greater food security, having a feed store that is close to farms and affordable will help small farmers immensely. Through my own experience with the Bandmanns I have recommended him to the small farms in our programs and will continue to do so. Sincerely, Anni Caporuscio Programs Manager Mālama Kauaʻi Mālama Kaua`i | P.O. Box 1414, Kilauea, HI 96754 | P: (808) 828-0685 | F: (808) 828-0485 | www.MalamaKauai.org G.2.a.1. October 25, 2022 COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT AREA (SMA) PERMIT ASSESSMENT I. Part A APPLICANT INFORMATION Applicant: State of Hawaii, Department of Transportation – Airports Division, Engineering Branch Address: 400 Rodgers Boulevard, Suite 700 Phone: 808-838-8835 Honolulu, Hawaii 96819 Applicant’s Status: (Check one) Owner of the Property (Holder of at least 75 percent of the equitable and legal title) Lessee of the Property Lessee must have an unexpired and recorded lease of five (5) years or more from the date of filing of this application. If not, Owner(s) must provide a Letter of Authorization. Authorized Agent Attach Letter of Authorization Contact Person: Drew Nishigata Address: 400 Rodgers Boulevard, Suite 700 Phone: 808-838-8675 Honolulu, HI 96819 Email: Drew.y.nishigata@hawaii.gov PROJECT INFORMATION (attach additional sheets if necessary) Site Address: Lihue Airport Tax Map Key: (4) 3-5-001:008 3901 Mokulele Loop, Lihue, HI 96766 Lot Area: 721 Acres State Land Use District: Urban County Zoning: General Industrial (I-G/ST - P) General Plan Designation: Transportation Nature of Development: The State of Hawaii Department of Transportation – Airports Division (HDOT-A) is proposing the expansion of the Lihue Airport (LIH) runway. The development includes expansion of an existing facility in order to meet Federal Aviation Administration (FAA) design standards. Project components include the relocation of runway (involving filling, compacting, and grading of the existing surface) and construction of a retaining wall along public road to create a FAA-compliant runway safety area (RSA). *NOTE: An Environmental Assessment in accordance with Hawaii Revised Statutes Chapter 343 is required for actions requiring a Shoreline Setback Variance. Please contact the Planning Department for further information. Valuation of Development:$6,526,600.00 (Estimate provided as Appendix C: Cost Estimate) Date of Application: July 19, 2022 G.2.b October 25, 2022 COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT AREA (SMA) PERMIT ASSESSMENT - 2 - SMA Assessment Application UPD. 10/2013 II. Part B The petitioner shall be responsible for filing the following required information with the department before an application is considered complete: 1. A written description of the proposed project, location and a statement of reasons/justification for project. Description of the proposed project: Project components are located at the Southwest End and the Northeast end of Runway 3-21. At the southwest end of the runway, project components include an 855-foot shift to the southwest, including 855 feet of pavement to accommodate the shift, construction of a 200-foot blast pad, construction of a taxiway extension, and construction of a retaining wall beyond the Runway 3 end. The land between the runway and the retaining wall would be filled and graded to meet RSA standards. Project components at the northeast end fall within the Special Management Area (SMA) and include the following: fill and grading to level the northeastern portion of the Runway 3-21 RSA to FAA standards, and an approximately 920-foot long retaining wall to meet the grade of the RSA fill (Figure 6). The existing Runway 21 displaced threshold would increase from the current 205 feet to 455 feet, and a retaining wall would be constructed along the public road beyond the Runway 21 end. The land between the runway and the retaining wall would be filled and graded to meet RSA standards. The current design removed the proposed realignment of the public road. The proposed project includes the provision of new LED runway and taxiway edge lights and LED airfield signage. See Appendix A: 100% Engineering Design Plans. Location: LIH is located on the southeast coast of the island of Kaua‘i, in Lihue, Hawaii. See Figure 1. Tax Map Key (4) 3-5-001: 008. Project Justification: The HDOT-A is proposing the following runway relocation and runway safety area (RSA) improvements to conform to current FAA runway safety requirements. The FAA has indicated that Lihue Airport is currently the only airport in the State of Hawaii which does not comply with the RSA requirements. Conformance to these requirements will provide Lihue Airport with a measure of safety for Runway 3-21 to significantly reduce the extent of personal injury or aircraft damage should an aircraft undershoot, overrun, or otherwise veer off the runway. The proposed project consists of improvements to the RSA at the LIH in order to comply with the requirements of the Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006 (Public Law [P.L.] 109- 115), November 30, 2005. This Act requires that the owner or operator of an airport certified under Title 14, Code of Federal Regulations, Part 139, and Certification of Airports shall improve the airport’s RSAs to comply with FAA design standards. Runway 3-21 does not meet the safety standards and fails to comply with P.L. 109-115. The proposed project also includes improvements to airfield lighting throughout LIH to bring lighting levels in compliance Part 139 requirements. The undertaking requires the submittal of a Use Permit and a Class IV Permit., as the area of development exceeds one (1) acre. The purpose and need of the permit requests are to comply with FAA COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT AREA (SMA) PERMIT ASSESSMENT - 3 - SMA Assessment Application UPD. 10/2013 regulations for safety requirements. The zoning of the project site is Industrial with and overlay of Special Treatment District. This requires a Use Permit and Class IV Permit. 2.If property abuts a shoreline, a certified shoreline survey conducted by a registered land surveyor within 6 months of an application shall be submitted, when required by the Planning Agency. The project property (Tax Map Key [4] 3-5-001: 008) abuts the shoreline. The project lease area and development site are approximately 100 feet inland from the rocky shoreline at its nearest point. In consultation with the County of Kauai (County) Planning Department, the proposed retaining wall is over 100 feet from the shoreline setback, and, therefore, no Certified Shoreline Survey is required for this project (Figure 1). 3. A plot plan of the property, drawn to scale, with all proposed and existing structures and other pertinent information. Also, preliminary building sketch plans are to be submitted. See the following Figures and Appendices. Figure 1: Location and Vicinity Map Figure 2: Discharge Location Map Figure 3: Discharge Location Flow Map Figure 4: State Land Use Figure 5: Wetlands Figure 6: SMA and Flood Plain Figure 7: SMA and Sea Level Rise Appendix A: 100% Engineering Plans Appendix B: Site Photographs and Photograph Key Appendix C: Cost Estimate 4. Any other plans or information requirements by the Director. Note: An Environmental Assessment or Environmental Impact Statement that has been declared adequate under the National Environmental Policy Act or under Chapter 343, HRS, may constitute a valid filing under this section. Pursuant to Hawaii Revised Statutes (HRS) Chapter 343 and Hawaii Administrative Rules Chapter 11-200, a Final Environmental Assessment (EA), Finding of No Significant Impact was prepared by HDOT-A. The Final EA was published in the July 8, 2018, Office of Environmental Quality Control Environmental Notice. COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT AREA (SMA) PERMIT ASSESSMENT - 4 - SMA Assessment Application UPD. 10/2013 5. Project Assessment: a.Description of the area and environment involved including flora and fauna, and other features. Environment: Project Description HDOT-A is proposing improvements to the LIH Runway 3-21 RSA to comply with FAA design standards. The project will include improvements to the southwest and northeast ends of the Runway 3-21. At the southwest end, the runway will be shifted (extended) 855 feet. This shift will require construction of 855 feet of new pavement, a 200-foot blast pad, a taxiway extension, and construction of a new retaining wall beyond the end of the runway. At the northeast end, a new retaining wall will be constructed and the area between the end of the runway and retaining wall will be filled, compacted, and graded (Figure 1). A new inspection road will be constructed between the northeast end of the runway and the new retaining wall. A new Airports Operation Area perimeter fence will be constructed makai of the retaining wall. Fill material will come from three (3) earthwork borrow sites located on Airport property, adjacent to Taxiways B, D, and E. The proposed Runway 3-21 RSA improvements, the borrow sites, and construction staging areas are shown on Figure 1 and Appendix A. The project includes upgrades to the runway and taxiway edge lighting. The runway edge lighting will be upgraded from incandescent to light-emitting diode (LED). The existing LED taxiway edge lighting has faded over time and will be replaced. The existing lighting when installed met FAA requirements for photometrics, brightness, and intensity. The improvements will restore the taxiway and runway lighting to FAA requirements. The project will include runway and taxiway pavement work at the southwest end of Runway 3-21 end and pavement marking work along the entire length of the runway. An asphalt batch plant will be brought onto the Airport property. The project will also include drainage improvements. The soil borrow sites will be graded as 10-foot-deep basins that will drain to the existing drainage system. All disturbed areas will be restabilized with sprigs of Bermuda grass. LIH is serviced daily by two (2) runways, Runway 3-21 and 17-35. If work is required on the airfield, runway closure times are restricted based on flight schedules, aircraft fleet mix, navigational aids availability, and weather condition. Night work, particularly for construction, is considered a necessity to minimize airport disruptions, maximize usable construction times, and COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT AREA (SMA) PERMIT ASSESSMENT - 5 - SMA Assessment Application UPD. 10/2013 reduce overall risk to the airport and its users by completing the overall project and removing obstructions from the airfield as quickly as possible. The majority of construction activities will take place at night, between the hours of 10:00 P.M. to 9:00 A.M., with the exception of the fledging season. Nightwork will require the use of lighting that meets HDOT-A and FAA requirements for safe working conditions and consists of: Lighted low profile barricades – Barricade units must be approximately 10 inches in height with two (2) red flashing lights mounted on each barricade. Lights must be omnidirectional, capable of being seen at a distance of two (2) miles, and flash at the rate of 45 to 60 flashes per minute. Lighted visual aids to indicate temporary runway closure (i.e., Lighted Xs) – These lighted visual aids are intended to prevent aircraft from landing on temporarily closed runways during night maintenance and construction operations. These lighted visual aids are arranged in the shape of a letter “X”, with a minimum of nine white-colored lights that flash at a rate of 2.5 seconds on and 2.5 seconds off. The minimum night intensity of the lights must be 2,000 candela at beam center. Obstruction lighting mounted to the top of a portable temporary jet blast deflector – These lights increase conspicuity of potential structures which may pose a hazard to aircraft. The obstruction lights are red and steady burning, and spaced at approximately 50 feet apart. The fixtures have a minimum average intensity of 32.5 candelas equivalent with a vertical beam spread of 10 degrees and 360 degrees horizontal spread. Construction area lighting – Will include light plants sufficient to illuminate all work areas during night work. All equipment will be equipped with lights to illuminate the area immediately surrounding the equipment. For all paving and marking activities, portable lighting equipment must be placed on both sides of the work activity. Construction is scheduled to begin May 2023 and last for approximately 1.75 years. Overall construction time was extended since night work will be restricted during the period from September 15 through December 15 to avoid and minimize potential impacts to fledging seabirds that may fly over Airport property. The runway and/or taxiways may remain closed and daytime work will continue through the duration of construction. While no night work will be performed during the seabird fledging season, the lighted low profile barricades, obstruction lights, and/or lighted X’s will remain in operation through the duration of construction, as a critical safety measure to indicate runway and taxiway closures. COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT AREA (SMA) PERMIT ASSESSMENT - 6 - SMA Assessment Application UPD. 10/2013 Background information in the remaining sections are derived from the 2007 HDOT-A Final Environmental Impact Statement for LIH, the 2018 HDOT-A Final Environmental Assessment for the LIH Runway 3-21 Safety Area Improvements, and the Biological Assessment for the LIH Wildlife Hazard Management Plan. Project Area, Surrounding Area, and Natural Environment LIH are located on the southeastern coast of Kaua‘i, approximately 1.5 east of the city of Lihue. The Airport encompasses 886 acres of land (HDOT-A 2007). Land uses on the Airport property include those owned primarily by the State of Hawaii, and that are related to LIH operations, as well as those leased by HDOT-A to operators. Land uses to the north of the Airport include the Lihue Refuse Transfer Station, Hanamaulu Bay Beach Park, and the Ahukini Recreation Pier State Park. Land uses to the south include Lihue Wastewater Treatment Facility and the Hokuala Golf Course. Land uses to the west include the Kauai Police Department, Kauai County Civil Defense Office, State of Hawaii Circuit Court, Kauai Veterans Center, and the County of Kauai’s Vidinha Stadium sports complex (HDOT-A 2018). Sugar cane cultivation in the vicinity of LIH during the late 1800s and early 1900s replaced almost all of the native vegetation. Native vegetation in this area has been further impacted by urban development, the introduction of non-native species, and the use of herbicides in agricultural activities. A Biological Resources Study was conducted in 2016 in support of the LIH RSA Project. No federal or state listed endangered, threatened, or candidate plant species were found in the project area (HDOT-A 2018, Appendix E). Figure 5 illustrates the wetlands in the vicinity of the LIH. There are no wetlands at the Airport and the project will have no impacts on wetlands in the area. The majority of the Airport property is frequently mowed to maintain the vegetation at a height of about 6 inches. An approximately 50-foot-wide strip of dense grass and shrubs is present outside the Airport security fence, makai of Runway 3-21, where the vegetation is not maintained (HDOT-A 2018, Appendix E). During the 2016 Biological Resources Study the most abundant plant species on the Airport property were two non-native grasses, Airport grass (Bothriochloa bladhii) and pitted beardgrass (Bothriochloa pertusa). Other common non-native plant species included: Carolina lovegrass (Eragrostis pectinacea), Guinea grass (Megathyrsus maximus), sweet clockvine (Thunbergia fragrans), matt chaff flower (Alternanthera caracasana), wedelia (Sphagneticola trilobata), fourspike heliotrope (Heliotropium procumbens), and siratro (Macroptilium artropurpureum). Three (3) native Hawaiian plants were found, koali ′awahia (Ipomoea indica), COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT AREA (SMA) PERMIT ASSESSMENT - 7 - SMA Assessment Application UPD. 10/2013 ′ilima (Sida fallax ), and ′uhaloa (Waltheria indica). These three (3) plants are indigenous species that are found throughout Hawaii as well as on other Pacific islands. They are all common throughout Hawaii and are not of any conservation concern (HDOT-A 2018, Appendix E). Federally Threatened and Endangered Species Based on background research and information provided by United States (U.S.) Fish and Wildlife Service (USFWS), the following federally threatened and endangered species are known to occur or transit through the project area: Endangered Hawaiian hoary bat or ʻōpeʻapeʻa (Lasiurus semotus) Endangered Hawaiian duck or koloa (Anas wyvilliana) Endangered Hawaiian coot or ‘alae ke‘oke‘o (Fulica alai) Endangered Hawaiian moorhen or ‘alae ‘ula (Gallinula chloropus sandvicensis) Endangered Hawaiian stilt or ‘alae ‘ula (Himantopus mexicanus knudseni) Endangered Hawaiian goose or nene (Branta sandvicensis) Endangered Hawaiian petrel or ‘ua‘u (Pterodroma sandwichensis) Endangered band-rumped storm-petrel or ‘ake‘ake (Oceanodroma castro ) Threatened Newell’s shearwater or ‘a‘o (Puffinus auricularis newelli) (USFWS 2016a) There is no designated critical habitat in or near the project area (USFWS 2016a). Potential Effects to Federally Threatened and Endangered Species and Measures to Avoid and Minimize Effects Hawaiian Hoary Bat There are no trees in the Airport Operation Area or the project area for the Lihue Runway 3-21 Relocation Project. Therefore, no trees will be removed or trimmed during the Hawaiian hoary bat birthing or pup rearing season from June 1 through September 15. The existing LIH security fencing surrounding the entire airfield has barbed wire for security purposes. There are no records of bat entanglement in the barbed wire fencing surrounding the airfield. However, Hawaiian hoary bats forage for insects at a wide range of elevation and have been known to become entangled in barbed wire fencing. The project will require removal of portions of the existing security fencing and reinstallation of the fencing. The reinstalled fencing will have barbed wire for airfield security purposes. As no bat entanglement has been observed in the existing fencing and no bats have been COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT AREA (SMA) PERMIT ASSESSMENT - 8 - SMA Assessment Application UPD. 10/2013 detected on airport property during the early morning and evening, during nighttime spotlight surveys, and during audio detection surveys, it is assumed that effects to this species are unlikely to occur. Therefore, the proposed project “may affect, but is not likely to adversely affect” the endangered Hawaiian hoary bat. Hawaiian Goose and Hawaiian Waterbirds – Hawaiian Duck, Hawaiian Coot, Hawaiian Moorhen and Hawaiian Stilt While endangered Hawaiian waterbirds (Hawaiian duck, Hawaiian coot, Hawaiian moorhen, and Hawaiian stilt) are occasionally observed within the boundaries of the Airport, there would be no attractants for them at the project site. The construction activities are not expected to further attract the nene nor impact its flight pattern more than normal at the Airport. Construction operations are a deterrent to wildlife since man-made disturbance, ground equipment movement, and associated noise tend to scare away wildlife. In addition, the Airport’s existing Wildlife Hazard Management Plan further deters wildlife presence near the runways and taxiways. In an effort to reduce bird strike hazards, HDOT-A has contracted with the U.S. Department of Agriculture (USDA)-WS to provide full-time staff at the Airport to monitor bird activity and to proactively haze and harass nene and other birds away from the Airport (USDA 2009; USDA 2018; and Kaua‘i Lagoons 2010). While nene and Hawaiian waterbirds may be present at the Airport, no effect on these species from proposed construction activities is anticipated. To further avoid and minimize potential impacts, the following measures will be taken: 1. A biological monitor will be present on the project site during all construction or earth-moving activities to ensure that the Hawaiian nene and waterbirds are not adversely impacted. 2. If a listed bird is observed within the project site or flies onto the site while activities are occurring, the biological monitor will halt all activities within 100 feet of the bird. Work will not resume until the bird leaves the area on its own accord (USFWS, 2016a). With the implementation of avoidance and minimization measures, the proposed project “may affect, but not likely to adversely affect” the endangered Hawaiian duck, endangered Hawaiian coot, endangered Hawaiian moorhen, endangered Hawaiian stilt, and endangered Hawaiian goose. Seabirds – Hawaiian Petrel, Newell’s Shearwater, and Band-Rumped Storm- Petrel Upgrades to the runway and taxiway will restore the lighting to meet FAA requirements. The new runway and taxiway lighting will not increase overall light emissions from the airfield and is not anticipated to contribute to seabird light attraction. Construction lighting could potentially disorient listed seabirds COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT AREA (SMA) PERMIT ASSESSMENT - 9 - SMA Assessment Application UPD. 10/2013 (Hawaiian petrel, Newell’s shearwater, and band-rumped storm-petrel) flying over the project area during evening/night work. To minimize disruption of airport operations, the majority of construction activities will take place at night, from the hours of 11:00 p.m. to 9:00 a.m. Work at night will require the use of lighting that meets HDOT-A and FAA requirements for safe working conditions. Required lighting for night work, including lighted low-profile barricades, lighted visual aids to indicate temporary runway closure, and construction lighting, are described above in the project description. Due to safety requirements, it will not be possible to eliminate or shield lighted low-profile barricades or lighted visual aids to indicate temporary runway closure. However, to minimize potential impacts to seabirds, the following measure will be taken, namely, no night work will take place during the peak fallout period from September 15 through December 15. With the implementation of minimization measures, the proposed project “may affect, but not likely to adversely affect” the endangered Hawaiian petrel, threatened Newell’s shearwater, or endangered band-rumped storm-petrel. Flora: Based on botanical survey within vegetation within the ground disturbance portion of the proposed project, flora consists of primarily non- native species with a few scattered common native species. No special habitats were found within the ground disturbance portion of the project area. Two non-native grass species were abundant throughout the area: Bothriochloa bladhii (no common name available) and pitted beardgrass (Bothriochloa pertusa ). There were seven common non-native species: Carolina lovegrass (Eragrostis pectinacea), Guinea grass (Megathyrsus maximus), sweet clockvine (Thunbergia fragrans), matt chaff flower (Alternanthera caracasana), wedelia (Sphagneticola trilobata), fourspike heliotrope (Heliotropium procumbens), and siratro (Macroptilium artropurpureum). Three native Hawaiian plants were found: koali awahia (Ipomoea indica), ′ilima (Sida fallax), and ′uhaloa (Waltheria indica). The ′uhaloa was uncommon but scattered throughout the ground disturbance portion of the Study Area. The koali awahia and ′ilima were both of rare occurrences and found only at the southern boundary of the ground disturbance portion of the Study Area. All three of these native species, however, are common throughout Hawaii as well as on other Pacific Islands and are not of any conservation concern. COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT AREA (SMA) PERMIT ASSESSMENT - 10 - SMA Assessment Application UPD. 10/2013 b. Description of the existing land uses of the project site and surrounding areas. Land use in the immediate project area is within the urban state land use district, whereas surrounding the airport are both agriculture and conservation state land use districts. All work will fall within the states urban zone. The Lihue Community Development Plan, designated the land for Transportation use, with surrounding areas including the urban center mauka to the west, and other surrounding areas designated as “open.” The north-eastern end of Runway 3-21 is located within the SMA (Figure 6). The airport is zoned as General Industrial, with a Special Treatment District overlay. The overlay triggers a requirement for a Use Permit and Class IV Permit. To the south of the airport is the Marriot Kauai Resort. The shoreline closest to the project area at the northeast end of the runway consists of rocky shoreline rather than beach habitat (Figure 4). COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT AREA (SMA) PERMIT ASSESSMENT - 11 - SMA Assessment Application UPD. 10/2013 c. Description of how the proposed project will affect the area involved and surrounding areas. Specifically the assessment should evaluate if the proposal: YES NO i. Involves an irrevocable commitment to loss or destruction of any natural or cultural resources, including but not limited to, historic sites, Special Treatment Districts as established by the County of Kauai Comprehensive Zoning ordinance, view planes or scenic corridors as outlined in the Community Development Plans, and recreation areas and resources; Discussion: The project will not cause the loss or destruction of any natural or cultural resource because there will be no disturbance of any known natural or cultural resources within the ground disturbance portion of the project area. HDOT-A will comply with the recommendations of the Hawaii State Historic Preservation Division (SHPD), including implementation of protocols should an inadvertent discovery during ground altering activity require such a measure. View plains and scenic corridors will not be affected by the proposed project. YES NO ii. Curtails the range of beneficial uses of the environment; Discussion: The project will not curtail the range of beneficial uses of the environment. All project components of the Proposed Action will be within the existing LIH boundaries and not within any public parks, recreation areas, or wildlife or waterfowl refuges. The improvements under the Proposed Action will be in areas without existing beneficial uses of the environment. YES NO iii. Conflicts with the County’s or the State’s long-term environmental policies or goals; Discussion: The Proposed Action will comply with HRS Chapter 343, including its individual policies, goals, and guidelines for population growth; natural resources; biological resources; parks, recreation, and open space; transportation; energy; and culture, as discussed in the project’s EA, Chapter 4. The project does not conflict with the State or County’s long- term environmental policies or goals. COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT AREA (SMA) PERMIT ASSESSMENT - 12 - SMA Assessment Application UPD. 10/2013 YES NO iv. Curtails the range of beneficial uses of the environment; Discussion: The Proposed Action will not curtail the range of beneficial uses of the environment. As discussed in the EA, Section 4.5, “Department of Transportation Section 4(f) Lands,” all project components of the Proposed Action will be within the existing LIH boundaries and not within any public parks, recreation areas, or wildlife or waterfowl refuges. The improvements under the Proposed Action will be in areas without existing beneficial uses of the environment. YES NO v. Substantially affects the economic or social welfare and activities or the community, County or State; Discussion: As discussed in the EA, Section 4.12, “Socioeconomic Impacts, Environmental Justice, and Children’s Environmental Health and Safety Risks,” the Proposed Action will not affect the economic or social welfare of the communities surrounding LIH or the State. YES NO vi. In itself has no significant adverse effect but cumulatively has considerable effect upon the environment or involves a commitment for larger actions; Discussion: As discussed in the EA, Section 4.15, “Cumulative Impacts,” the Proposed Action will not result in significant cumulative impacts or involve any commitment to larger actions. COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT AREA (SMA) PERMIT ASSESSMENT - 13 - SMA Assessment Application UPD. 10/2013 YES NO vii. Substantially affect a rare threatened, or endangered species of animal or plant, or its habitat; Discussion: The proposed action will not substantially affect rare, threatened, or endangered species of animal or plant, or its habitat. Section 5a of this SMA Application discusses in detail endangered or threatened species that may occur in this area in addition to mitigation measures and best management practices. LIH has a Wildlife Hazard Management Plan (WHMP) with measures designed to minimize impact to wildlife resources at or surrounding LIH while maximizing safety of airport operations. These measures include daily routine patrols of the airport property to identify and discourage use of airport property by wildlife, including endangered species. The Proposed Action Alternative would be constructed on existing Airport property and would thus be subject to the daily routine patrols by certified airport wildlife biologists, who are trained in the approved methods contained in the WHMP for disbursing wildlife from Airport property. LIH WHMP has been developed in consultation with the USFWS and includes specific measures for endangered and threatened species. Construction and operation of the Proposed Action Alternative would comply with the current WHMP for LIH. A Biological Resources Study of the WHMP was completed as part of the EA to address potential mitigation of wildlife hazards associated with the approach/departure areas. Refer to Appendix E in the EA for the completed Biological Resources Study. Mitigation measures recommended by the USFWS to prevent impact to biological resources, particularly avifauna (seabirds, Hawaiian hoary bat, and Hawaiian waterbirds), will be implemented to the extent practical without compromising safety and while complying with FAA design standards. YES NO viii. Detrimentally affects air or water quality or ambient noise levels; or Discussion: As discussed in Section 4.2, “Air Quality,” Section 4.11, “Noise and Compatible Land Use,” and Section 4.14, “Water Resources,” the Proposed Action will not detrimentally affect air or water quality or ambient noise levels. For air quality, construction-related emissions of criteria pollutants are expected to be below the established annual de minimis thresholds for the construction period and is, therefore, not significant. The increase in emissions will be temporary in nature and only during the construction period. COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT AREA (SMA) PERMIT ASSESSMENT - 14 - SMA Assessment Application UPD. 10/2013 YES NO ix. Affects an environmentally sensitive area, such as flood plain, shoreline, tsunami zone, erosion-prone area, geologically hazardous land, estuary, fresh water or coastal water; Discussion: As discussed in the Final EA Section 4.14.3.4, “Floodplains,” the Proposed Action will not affect the 100-year floodplain. As discussed in Section 4.4, “Coastal Resources,” the Proposed Action will not conflict with the State’s Coastal Zone Management Program or be likely to suffer damage from being in any these environmentally sensitive areas. The project area is part of the existing Airport property and involves low profile improvements to the existing RSA. Ground disturbance is located outside the 100-year flood plain within Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) Flood Zone X. The construction of the proposed alternative is not anticipated to have any significant impacts to floodplains. Areas of ground disturbance are approximately 100 feet inland of the shoreline at its closest point. The project area is located away from environmentally sensitive areas and areas prone to coastal hazards, such as storm waves and coastal erosion. Although the project is located within and adjacent to designated tsunami zone, the Proposed Action will not impede any evacuation efforts in the event of a tsunami (Figure 6.) YES NO x. May have a major effect on the quality of the environment or affect the economic or social welfare of the area; and Discussion: As discussed in the Final EA Section 4.12, “Socioeconomic Impacts, Environmental Justice, and Children’s Environmental Health and Safety Risks,” the Proposed Action will not affect the economic or social welfare of the communities surrounding LIH or the State. The project is located entirely on existing LIH property and is aimed solely at improving the existing RSA to bring it up to FAA design standards. COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT AREA (SMA) PERMIT ASSESSMENT - 15 - SMA Assessment Application UPD. 10/2013 YES NO xi. Would possibly be contrary to the policies and guidelines of the Rules and Regulations, the County’s General Plan, Development Plans, and Zoning and Subdivision Ordinances. Discussion: The proposed project is not contrary to the policies and guidelines of the Rules and Regulations, the County’s General Plan, Development Plans, and Zoning and Subdivision Ordinances (Figure 4). See the following tables outlining Kauai Kakou General Plan goals and policies with respect to the proposed project. The LIH Airport is designated as “Urban” by the State Land Use Commission. The airport is located on lands designated as an Open District on the Kauai County Zoning Map; a corner of the property is within the County’s SMA. Per the County of Kauai Comprehensive Zoning Ordinance, “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.” Kauai Kakou General Plan (2018), Goals, Objectives, and Policies 1.3 Vision and Goals Key: S = Supportive, N/S = Not Supportive, N/A = Not Applicable S N/S N/A Goal #1: A Sustainable Island Objective: Growing responsibility to meet the needs of current and future generations without depleting resources. X Analysis: The proposed project will provide safety improvements to Lihue Airport to bring it into compliance with FAA runway safety requirements to the maximum extent feasible. The continued operation of safety of the Lihue Airport is critical to the safety and wellbeing of Kauai’s current and future generations which rely on this airport. The project does not include an increase in air travel or result in the depletion of resources. Goal #2: A Healthy and Resilient People S N/S N/A Objective: Increasing health, vitality, and resilience of communities through improving the natural, built, and social environment and responding to impacts from climate change. X COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT AREA (SMA) PERMIT ASSESSMENT - 16 - SMA Assessment Application UPD. 10/2013 Analysis: The project will bring Lihue Airport in compliance with FAA runway safety requirements to the maximum extent feasible, which will protect the well-being of the residents and visitors. As discussed in the Final EA Section 4.3, the runway relocation project at LIH is adjacent to the eastern coastal area, which is characterized by a significant elevation decrease and the presence of coastal bluffs. This area is not as sensitive to erosion from sea level rise than coastal beaches areas. The project design includes stormwater features, including an underground infiltration basin, to minimize increases to the stormwater runoff and prevent any significant impacts of seal level rise to Kauai’s coastal areas. As LIH is elevated significantly higher than sea level elevation and is setback from the coastline, inundation of the airport in both existing and proposed conditions is not expected to occur. The Sea Level Rise Map for the project area is provided in Figure 7, depicting a 3.2-foot rise in Global Mean Sea Level (GMSL) by the year 2100 as predicted by the 5th Assessment Report of the Intergovernmental Panel on Climate Change, “business-as-usual” greenhouse gas emission scenario. Goal #3: A Unique and Beautiful Place S N/S N/A Objective: Stewardship and protection of the natural, cultural, social, and built environment assets that are of value to the community. X Analysis: The project will bring Lihue Airport in compliance with FAA airfield safety requirements, which will protect the well-being of the residents and visitors. No cultural resources will be impacted by the proposed Airport runway improvements. The project will not cause the loss or destruction of any natural or cultural resource. There will be no disturbance of any known natural or cultural resources within the ground disturbance portion of the project area. HDOT-A will comply with the recommendations of the Hawaii State Historic Preservation Division (SHPD), including implementation of protocols should an inadvertent discovery during ground altering activity require such a measure. The project area is limited to the Lihue Airport property, within areas that have been previously disturbed. The project is designed to avoid ground disturbance in areas with significant natural vegetation and incorporates a jet blast deflector fence which will protect the trees with the adjacent golf course property at the southwest airport property limit from high wind velocities generated by aircraft jet blast. Goal #4: An Equitable Place, with Opportunity for All S N/S N/A Objective: Fostering diverse and equitable communities with vibrant economies, access to jobs and housing, and a high quality of life. X Analysis: The runway safety area (RSA) improvements will allow for the continuation of travel to and from Kauai and will provide a safer airfield for air travel, which is a major contributor the island economy. COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT AREA (SMA) PERMIT ASSESSMENT - 17 - SMA Assessment Application UPD. 10/2013 1.4 Policies to Guide Growth Key: S = Supportive, N/S = Not Supportive, N/A = Not Applicable S N/S N/A General Plan Policies: 1. Manage growth to preserve rural character. Analysis: The project is located within the property of an operating airport and will provide safety improvements to the airfield. The project does not include an increase in air travel, and does not propose development in rural areas in accordance with Land Use policies. X 2. Provide affordable housing while facilitating a diversity of privately developed housing for local families. Analysis: The project will not provide housing facilities. X 3. Recognize the identity of Kauai’s individual towns and districts. Analysis: The project is located within the property of an operating airport and will not impact the characteristics of Kauai’s towns and districts or infringe upon open spaces between the unique towns. X 4. Design healthy and complete neighborhoods. Analysis: The project is located within the property of an operating airport and is not considered to be a neighborhood. X 5. Make strategic infrastructure investments. Analysis: The purpose of the project is to provide safety improvements to the runway safety area and airfield lighting at LIH to conform to current FAA requirements. The FAA identified LIH as the remaining airport in the State that does not meet their runway safety requirement; therefore, the proposed project is essential for LIH to comply with FAA standards to the maximum extent feasible, and in providing a safer airfield for aircraft. Compliance will positively position the airport to be eligible to receive future FAA funding for infrastructure improvements. X COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT AREA (SMA) PERMIT ASSESSMENT - 18 - SMA Assessment Application UPD. 10/2013 Key: S = Supportive, N/S = Not Supportive, N/A = Not Applicable S N/S N/A 6. Reduce the cost of living. Analysis: The project will not impact the cost of living for Kaua’i households. X 7. Build a balanced multimodal transportation system. Analysis: The project will not provide or impact land transportation facilities that will be utilized by the public. The focus of the project is upon providing safety improvements to support air travel for the residents and visitors of Kaua’i. X 8. Protect Kauai’s scenic beauty. Analysis: The project site does not abut and will not affect any scenic resources or landmarks. No view sheds of unique or critical value have been identified in or within the vicinity of the project area. The proposed project will not impact the open space and views between Kauai’s towns. X 9. Uphold Kauai as a unique visitor destination. Analysis: The project purpose is to provide safety improvements for the airfield at LIH for current and future aircraft and does not include an increase in air travel or visitors. X 10. Help business thrive. Analysis: The project is required to be implemented for LIH to conform to FAA airfield safety requirements. While the investment in infrastructure will indirectly support the tourism industry, in the short term, construction of the project would provide employment opportunities for local businesses and would benefit the local community. X 11. Help agricultural lands be productive. Analysis: The project is located within the LIH property and will not impact agricultural lands. X 12. Protect our watersheds. Analysis: The project is located within the LIH property and will not impact the watershed. Stormwater runoff will be managed on-site to minimize discharge increases. X COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT AREA (SMA) PERMIT ASSESSMENT - 19 - SMA Assessment Application UPD. 10/2013 Key: S = Supportive, N/S = Not Supportive, N/A = Not Applicable S N/S N/A 13. Complete Kauai’s shift to clean energy. Analysis: The project will not impact infrastructure systems which could be transformed toward the use of clean energy. However, it is noted that the airfield lighting improvements will provide address existing electrical leakage issues and will reduce electrical loads by replacing airfield lighting with LED lighting. X 14. Prepare for climate change. Analysis: The project will not result in significant climate impacts or affect coastal or infrastructure resources that are impacted by climate change. As LIH is elevated significantly higher than sea level elevation and is setback from the coastline, inundation of the airport in both existing and proposed conditions is not expected to occur. X 15. Respect Native Hawaiian rights and Wahi Pana. Analysis: The project will not impact Native Hawaiian rights and Wahi Pana (celebrated or noted places). No public trust resources and cultural sites will be impacted. Per FAA consultation with Native Hawaiian Organizations during the Environmental Assessment phase, it was determined from research and on-site surveys that no indication of historic or cultural resources are located within the disturbed ground portions of the project area. Please refer to Section 5 of the SMA Permit Assessment for additional details. X 16. Protect access to Kauai’s treasured places. Analysis: A public access road is located along the shoreline on the north end of the project area, which is used by the Kaua’I community for access to the shoreline and fishing areas. During construction of the north retaining on the Runway 21 end, access to the public road will be limited to pedestrians and bicyclists. Full access to the public road, including vehicular access, will be restored when construction is complete. X 17. Nurture our keiki. Analysis: The project is limited to airfield improvements and will not impact education, housing, and economic opportunities for Kauai’s keiki. X COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT AREA (SMA) PERMIT ASSESSMENT - 20 - SMA Assessment Application UPD. 10/2013 Key: S = Supportive, N/S = Not Supportive, N/A = Not Applicable S N/S N/A 18. Honor our kupuna. Analysis: The project is limited to airfield improvements and will not impact housing services or facility improvements to support elderly household needs. X 19. Communicate with aloha. Analysis: An EA was prepared and approved for the proposed project. As part of the EA process the Kaua’I community was informed of the proposed project actions and offered an opportunity to comment and provide feedback to FAA and HDOTA. The comments received from the community were addressed, and replies to the comments are documented in the Final EA. X d. Evaluation of the proposed development relative to the objective and policies contained in Chapter 205A, HRS, and Section 3.0 of the SMA Rules and Regulations: (complete following questionnaire) COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT AREA (SMA) PERMIT ASSESSMENT - 21 - SMA Assessment Application UPD. 10/2013 RECREATIONAL RESOURCES: Objective Provide coastal recreation opportunities accessible to the public. Check either “Yes” or “No” for each of the following questions. If your answer below is “Yes” or “No” it is necessary to elaborate by providing comments in the “Discussion” section below the question. YES NO 1. Will the proposed development adversely affect coastal resources uniquely suited for recreational activities that cannot be provided in other areas? Discussion: The project is not located near any areas or coastal resources that are uniquely suited for recreational activities. The proposed project will not impact recreational resources. YES NO 2. Will the project require replacement of coastal resources having significant recreational value, including but not limited to surfing sites, sandy beaches and fishing areas, when such resources will be unavoidably damaged by the proposed development; or requiring reasonable monetary compensation to the State for recreation when replacement is not feasible or desirable? Discussion: The project will not require the replacement of coastal resources having significant recreational value. The shoreline located approximately 100 feet away from the project area, at its nearest point, consists of rocky shoreline. Pole fishing and net throwing take place along the coastline and at ‘Ahukini Landing. Access to these areas will not be affected by the project. Neither replacement nor compensatory mitigation measures are necessary. YES NO 3. Is the project site near a State or County Park? Discussion: The nearest park is the ‘Ahukini Recreation Pier State Park, located north of LIH. It is located outside the project areas and is not likely to be affected by the proposed project activities. COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT AREA (SMA) PERMIT ASSESSMENT - 22 - SMA Assessment Application UPD. 10/2013 YES NO 4. Will the proposed development affect an existing public access to or along the shoreline? Discussion: The proposed project will not permanently impede public access to or along the shoreline. During construction, however, the public access road near the north-east end of Runway 21 is anticipated to be temporarily closed to vehicular traffic where the retaining wall is built along the mauka edge of the road. Pedestrian and bicycle access will remain available throughout construction via a minimum 5-foot-wide pedestrian/bike path along the impacted road section. Full shoreline access will be restored when the public access road is re-opened at the end of construction. The partial road closure will be coordinated with Lihue Airport and is estimated to be in place for approximately 12 months. YES NO 5. Will the proposed development provide public access to and/or along the shoreline? Discussion: The proposed RSA improvements will not provide public access to and/or along the shoreline. YES NO 6. Will the proposed development encourage expanded recreational use of County, State, or federally owned or controlled shoreline lands and waters having recreational value? Discussion: The proposed RSA improvements will not encourage expanded recreational use of County, State, or federally owned or controlled shoreline lands and waters having recreational value. YES NO 7. Will the development generate point or non-point sources of pollution that will affect recreation value of coastal area? Discussion: The proposed project will not generate point or non-point sources of pollution that will affect the recreation value of coastal areas. During construction, stormwater best management practices will be implemented to avoid potential impacts to surface waters. COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT AREA (SMA) PERMIT ASSESSMENT - 23 - SMA Assessment Application UPD. 10/2013 HISTORICAL RESOURCES: Objective Protect, preserve, and where desirable, restore those natural and man-made historic and pre-historic resources in the SMA that are significant in Hawaiian and American history and culture. Check either “Yes” or “No” for each of the following questions. If your answer below is “Yes” or “No” it is necessary to elaborate by providing comments in the “Discussion” section below the question. YES NO 1. Is the project site within a Federal, State and/or County designated historical/cultural district? Discussion: Based on a review of County of Kauai Historic Districts listed on the National Register of Historic Places (NRHP), the project site is not within a Federal, State and/or County designated historical/cultural district. YES NO 2. Is the project site listed on or nominated to the Hawaii or National Register of Historic Places? Discussion: The proposed project will not affect any listed or eligible properties on the NRHP. During the 2007 archaeological field survey, a single unrecorded cultural resource/historic property was identified northeast of the existing Runway 3-21 RSA (State Inventory of Historical Places [SIHP] # 50-30-08-3958). The property consists of two features: a remnant linear alignment of at least five concrete enclosures and a lone cement foundation. Both features appear to be plantation-era, based on construction materials and techniques, and likely functioned as a piggery or other animal enclosure. This resource identified during the field survey was recommended eligible to the National and Hawai'i Registers under criterion D for its information content. The SHPD concurred with this finding. This site will not be within any potential ground disturbance area of the project. It is the only eligible site found on the Airport property. There are no existing State or NRHP listed properties at the project site. COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT AREA (SMA) PERMIT ASSESSMENT - 24 - SMA Assessment Application UPD. 10/2013 YES NO 3. Does the project site include land(s) which have not been previously surveyed by an archaeologist? Discussion: In 2007 an Environmental Impact Statement (EIS) was prepared for LIH, wherein an archaeological survey was conducted on the Airport property. As part of this EIS, literature reviews and field surveys were conducted for the LIH property. The EIS found that no previously recorded SIHP were located within the ground disturbance portion of the project area. In the event that significant cultural deposits or human skeletal remains are inadvertently encountered, in accordance with Section 6E-43.6, HRS, and Chapter 13-300, Hawaii Administrative Rules, work within the immediate vicinity will stop and the SHPD of the State of Hawaii Department of Land and Natural Resources will be contacted. Further information on historical, architectural, archeological and cultural resources is provided in the Final EA Section 4.8. YES NO 4. If an archeological survey has been conducted for the project site, has the survey been submitted to the State Historic Preservation Office for review and recommendations? Discussion: The 2007 archaeological study included in the EIS was submitted to SHPD for review. As part of the 2007 EIS, an archeological survey and a Cultural Impact Assessment (CIA) were conducted for the LIH property. The CIA included a literature review and site survey. The EIS found no previously recorded SIHP located within the area of the proposed undertaking as described above for the APE. COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT AREA (SMA) PERMIT ASSESSMENT - 25 - SMA Assessment Application UPD. 10/2013 YES NO 5. Has any site survey revealed any information on historic or archaeological resources? (Please provide a copy or reference of survey) Discussion: During the archaeological field survey, a single unrecorded cultural resource/historic property was identified northeast of the existing Runway 3-21 RSA. It was assigned SIHP #50-30-08-3958. The property consists of two features: a remnant linear alignment of at least five concrete enclosures and a lone cement foundation. Both features appear to be plantation-era, based on construction materials and techniques, and likely functioned as a piggery or other animal enclosure. This resource identified during the field survey was recommended eligible to the National and Hawai’i Registers under criterion D for its information content. The SHPD concurred with this finding. This site will not be within any potential ground disturbance area of the project. FAA conducted Native Hawaiian Organization consultation for the Proposed Action Alternative, which was initiated with a letter from FAA to the Office of Hawaiian Affairs (OHA) dated January 6, 2017. A response was received from OHA, dated February 13, 2017. This letter expressed concern that previous historical sites near the Area of Potential Effect (APE) were destroyed and/or only fragments remained. OHA requested “utmost care be taken in all of these sensitive areas” to avoid any further destruction of historical sites. The FAA consultation letter and subsequent correspondence are included in Appendix F of the Final EA document. As detailed above, previous site historical record searches and on-site surveys found no indication of historic or cultural resources located within the APE. YES NO 6. Is the project site within or near a Hawaiian fishpond? Discussion: The project area is not within or near a Hawaiian fishpond. YES NO 7. Is the project located within or near a historic settlement area? (Cemeteries, burials, heiaus, etc.) Discussion: Historical records indicate that a majority of the LIH was formerly part of the Lihue Plantation and was used for commercial sugar cane production. Based on decades of cane cultivation and airport-related ground disturbance, few, if any, traditional Native Hawaiian cultural resources remain. The two heiaus, Ahukini and Ninini, that were reported to occur along the shoreline are now entirely or mostly destroyed. Both heiaus are located outside of the project area. COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT AREA (SMA) PERMIT ASSESSMENT - 26 - SMA Assessment Application UPD. 10/2013 SCENIC & OPEN SPACE RESOURCES: Objective Protect, preserve, and where desirable, restore or improve the quality of coastal scenic and open space resources. Check either “Yes” or “No” for each of the following questions. If your answer below is “Yes” or “No” it is necessary to elaborate by providing comments in the “Discussion” section below the question. YES NO 1. Does the project site abut or affect a valued scenic resources or landmark within the SMA? Discussion: The project site does not abut and will not affect any values scenic resources or landmarks. No view sheds of unique or critical value have been identified. The area adjacent to the ground disturbance portion of the project area is a private golf course, Kauai County Water Treatment Facility is to the southwest, and an unpaved public service road is to the northeast. YES NO 2. Does the proposed development affect existing shoreline open space and scenic resources? Discussion: The proposed project is entirely limited to the existing airport property. This minor development will not affect existing shoreline open space or scenic resources. No impacts to scenic or open space resources are anticipated as a result of construction or operation of the Proposed Action. YES NO 3. Does the proposed development involve alteration to natural landforms and existing public views to and along the shoreline? Discussion: The proposed project does not involve alteration to any natural landforms and existing public views to and along the shoreline. YES NO 4. Is the project compatible with the visual environment? Discussion: The proposed runway safety improvement will not have any substantial impact to the visual environment, is fairly low profile in nature, and is compatible with current land use. The Proposed Action will not impact scenic or open space resources. No impacts to scenic or open space resources are anticipated as a result of construction or operation of the Proposed Action. COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT AREA (SMA) PERMIT ASSESSMENT - 27 - SMA Assessment Application UPD. 10/2013 YES NO 5. Does the proposed action involve the construction of structures visible between the nearest coastal roadway and the shoreline? Discussion: The project involves the construction of a retaining wall at each end of the runway, at the southwestern end outside the SMA and at the northeastern end of the RSA. The two retaining walls will reach a maximum height of 18 feet and 24 feet, respectively. The grades at the retaining wall will be elevated above existing to provide acceptable grades for the RSAs. There will be a 3.5-foot parapet wall atop the walls to allow for safety of maintenance personnel and vehicles. The retaining walls will be adjacent to the existing airport facilities. The proposed retaining walls will be adjacent to airfield facilities and will not interrupt any viewsheds of unique or critical value. YES NO 6. Is the project site within the Shoreline Setback Area (20 or 40 feet inland from the shoreline)? Discussion: The shoreline is located approximately 100 feet away from the project area at the nearest point of ground disturbance on the northeast side of the runway. The property itself abuts the shoreline. COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT AREA (SMA) PERMIT ASSESSMENT - 28 - SMA Assessment Application UPD. 10/2013 COASTAL ECOSYSTEMS: Objective Protect valuable coastal ecosystems from disruption and minimize adverse impacts on all coastal ecosystems. Check either “Yes” or “No” for each of the following questions. If your answer below is “Yes” or “No” it is necessary to elaborate by providing comments in the “Discussion” section below the question. YES NO 1. Is the project site a habitat for endangered species of flora and fauna? Discussion: There is no federal or state designated habitat within the project area based on consultation with the USFWS and State Division of Forestry and Wildlife. However, the following species are known to occur within or traverse through or above the project area: the Hawaiian Hoary Bat (Lasiurus semotus); Hawaiian waterbirds, including the endangered Hawaiian goose (Branta sandvicensis) and endangered Hawaiian stilt (Himantopus mexicanus knudseni); endangered seabirds, including the Newell’s shearwater, Hawaiian petrel and band-rumped storm petrel. To the extent practical, mitigation measures to prevent impact to endangered species would be implemented to the extent practical without compromising safety and while maintaining compliance with FAA design standards. YES NO 2. Will the proposed development adversely affect valuable coastal ecosystems of significant biological or economic importance? Discussion: The proposed project will not adversely affect valuable coastal ecosystems of significant biological or economic importance. The EA, Section 4.3 includes mitigation measures that will reduce the potential for impacts to fish, wildlife, and plant species with special status. The nearest coastal ecosystem resource to the Project area is the Ahukini Recreational Pier Fishery Management Area. This area is located over 1,000 feet north of the ground disturbance portion of the Project area and will not be subject to impacts from construction of the Proposed Action Alternative. Additionally, water quality measures as discussed below will provide additional management of runoff from the Project area (Figure 1). COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT AREA (SMA) PERMIT ASSESSMENT - 29 - SMA Assessment Application UPD. 10/2013 YES NO 3. Will the proposed involve disruption or degradation of coastal water ecosystems through stream diversions, channelization, and similar land and water uses? Discussion: The proposed project will not involve any diversion, channelization, or similar modification of land or waterways that could disrupt or degrade coastal water ecosystems. The proposed development will have no adverse effect on coastal water ecosystems. The project does not involve any land use change, stream diversion, or channelization. YES NO 4. Will the proposed development include the construction of special waste treatment facilities, such as injection wells, discharge pipes, septic tank systems or cesspools? Discussion: The project does not involve the construction of injection wells, discharge pipes, septic tanks, or cesspools or any other type of wastewater treatment facility (Figure 3). YES NO 5. Is there a wetland on the project site? Discussion: There are existing wetlands on the Airport property; however, in June 2016 a Wetland and Waters of the U.S. study was completed for the ground disturbance portion of the Project area. The study found no wetlands or waters of the U.S. present, based on wetland indicators of vegetation, soil, and hydrology. Therefore, the project will have no impacts to wetlands. YES NO 6. Is the project site situated in or abutting a Natural Area Reserve or Wildlife Refuge or Sanctuary? Discussion: The project site is not located in or abutting a Natural Area Reserve or Wildlife Refuge or Sanctuary. The nearest reserves are the Kalepa Mountain Forest Reserve, which is located approximately 2 miles to the northwest, and the Huleia National Wildlife Refuge, which is located approximately 1.8 miles from the property. COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT AREA (SMA) PERMIT ASSESSMENT - 30 - SMA Assessment Application UPD. 10/2013 ECONOMIC USES: Objective Provide public or private facilities and improvements important to the State’s economy in suitable locations. Check either “Yes” or “No” for each of the following questions. If your answer below is “Yes” or “No” it is necessary to elaborate by providing comments in the “Discussion” section below the question. YES NO 1. Does the project involve a harbor or port? Discussion: The project is not located at will not involve a harbor or port. YES NO 2. Is the proposed development related to or near to an existing major hotel, multi-family, or condominium project? Discussion: The proposed project is not related to or near an existing major hotel, multi-family, or condominium project. The LIH airport is near the Kaua‘i Marriott Resort. The project activities both during and after construction will not impact the hotel. YES NO 3. Does the project site include agricultural lands designated for such use? Discussion: The project site is located entirely within existing airport property and does not involve lands designated for agricultural use. YES NO 4. Does the proposed development relate to commercial fishing or seafood production? Discussion: The proposed development does not relate to commercial fishing or seafood production. YES NO 5. Does the proposed development relate to commercial fishing or seafood production? Discussion: The proposed project has no relation to commercial fishing or seafood production. COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT AREA (SMA) PERMIT ASSESSMENT - 31 - SMA Assessment Application UPD. 10/2013 COASTAL HAZARDS: Objective Reduce hazard to life and property from tsunami, storm waves, stream flooding, erosion, and subsidence. Check either “Yes” or “No” for each of the following questions. If your answer below is “Yes” or “No” it is necessary to elaborate by providing comments in the “Discussion” section below the question. YES NO 1. Is the project site within a potential tsunami inundated area as depicted on the National Flood Insurance Rate Maps (FIRMs)? Discussion: The project is located within and adjacent to designated tsunami zone; however, it will not impede with any evacuation effort in the event of a tsunami. YES NO 2. Is the project site within a potential flood inundation area according to a FIRM? Discussion: Ground disturbance is located outside of the 100-year flood plain within FEMA FIRM Flood Zone X. The construction of the proposed alternative is not anticipated to have any significant impacts on floodplains (Figure 6). According to the FEMA FIRM for LIH, the majority of the Project area is located within flood Zone X, areas with 0.2 percent annual chance of flood (see the EA Exhibit 5-2). Portions of the Study Area boundary along the coast fall within the VE flood zone. This zone includes areas subject to inundation by the 1-percent-annual-chance flood event with additional hazards due to storm-induced velocity wave action. A portion of the southern boundary of the Study Area is located within the AE flood zone. This zone is considered a floodway and subject to inundation by the 1-percent-annual-chance flood event. The Proposed Action is designed in such a way that it will not alter flooding characteristics or raise flood heights. YES NO 3. Does the project comply with the requirements of the Federal Flood Insurance Program? Discussion: Ground disturbance is located outside of the 100-year flood plain and complies with the requirements of the Federal Flood Insurance Program (Figure 6). COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT AREA (SMA) PERMIT ASSESSMENT - 32 - SMA Assessment Application UPD. 10/2013 YES NO 4. Has the project site or nearby shoreline areas experienced shoreline erosion? Discussion: The nearest shoreline is located approximately 100 feet away from project ground disturbance. This shoreline is a rocky shoreline. It has not experienced significant erosion in recent history. As discussed in the Final EA Section 4.3, the Hawaii Interagency Climate Adaptation Committee was preparing a statewide Sea Level Rise Vulnerability Assessment and Adaptation Report, which was finalized in 2018. The report indicates a predicted 3.2- foot of GMSL by the year 2100 for the “business-as-usual” greenhouse gas emission scenario. The coastal area, which is adjacent to the project area, is characterized by a significant elevation decrease and the presence of coastal bluffs. This coastal area is not as sensitive to erosion from sea level rise than coastal beaches areas. Stormwater management practices at LIH will prevent any significant impacts of sea level rise to Kauai’s coastal areas. YES NO 5. Have any seawalls/revetments/etc. been constructed or exist in the immediate vicinity? Discussion: No seawalls/revetments have been constructed in the immediate vicinity. The proposed retaining wall is not designed to protect against sea level rise. The right-of-way is not intended to be a revetment; it is located at an elevation above the shoreline. COUNTY OF KAUA‘I DEPARTMENT OF PLANNING SPECIAL MANAGEMENT AREA (SMA) PERMIT ASSESSMENT - 33 - SMA Assessment Application UPD. 10/2013 PROJECT ASSESSMENT: e. Evaluation of the impacts which cannot be avoided and mitigating measures proposed to minimize that impact: Discussion: The proposed project will not result in any unavoidable impacts for which mitigation measures will be needed. Standard construction best management practices will be implemented to avoid potential impacts to stormwater and air quality (i.e., dust). f. Evaluation of the proposed development relative to Section 4.0 of the SMA Rules and Regulations in accordance with the following aspects: i. Substantial adverse environmental or ecological effects; Discussion: The proposed project will not result in any substantial adverse environmental or ecological effects. No effects to plants, wildlife, wetlands, coastal ecosystems, sensitive habitats, water quality, air quality, or other natural resources are anticipated. ii. Consistency or compliance of the proposed development relative to the goals and objectives of Chapter 205A, HRS; and Section 3.0 of the SMA Rules and Regulations; and Discussion: The proposed project is consistent with the goals and objectives of the Coastal Zone Management Program as set forth in HRS Chapter 205A. In summary, the goals and objectives of the Coastal Zone Management Program include, but are not limited to, protection and enhancement of recreational, scenic, historical and marine resources, and coastal ecosystems and economic uses. While the proposed project will not enhance or further these goals and objectives, it will not limit them or impact coastal resources. Pacific Ocean !( !(!( !( !( !( !( Ahukini Recreation Pier State Park Former Tropical Fruit Disinfestation Facility Kauai County Refuse Transfer Station Vidinha Memorial Stadium Molokoa Residential Subdivision LIHUE HANAMAULU Nawiliwili Harbor Lighthouse Kauai Marriott Resort and Beach ClubRUNWAY 3-21TWY E TWY C T WY DTAXIWAY BKauai County Water Treatment Facility !(KAPULE HWYAHUKINI RDNININI POINT STK U H IO H W Y UNAHE STN A WILI WILI R D A H U K I N I R D LOCATION MAP LEGEND NOTES ´0 1,000 2,000Feet Figure 1 Location and Vicinity Map Relocate Runway 3-21 At Lihue Airport Kauai, HI Kauai Oahu Molokai Maui Hawaii Lanai Pacific Ocean LihueKekaha Poipu Wailua Hanalei Hanapepe Mana Point Waimea Bay Barking Sands Overall Project Limits Ground Disturbance Areas Lihue Airport Boundaries Major Road Other Road Path: L:\DCS\Projects\_Legacy\IE\Projects\2653xxxx Lihue Airport Relocate Rnwy 3-21\400 Technical\Permits\GIS\Location and Vicinity Map Rev 1.mxd Date: 7/14/20221. Map projection is Hawaii State Plane, Zone 4, NAD83. 2. Base map; ArcGIS Imagery Pacific Ocean LIHUE HANAMAULU KAPULE HWYAHUKINI RDNININI POI NT STK U H IO H W Y UNAHE STA H U K I N I R D Nawiliwili Stream H a n a m a u lu S tre a m DP-6 DP-1 LOCATION MAP LEGEND NOTES ´0 1,000 2,000Feet Figure 2 Discharge Location Map Relocate Runway 3-21 At Lihue Airport Kauai, HI LihueKekaha Poipu Wailua Hanalei Hanapepe Mana Point Waimea Bay Barking Sands 1.Map projection is Hawaii State Plane, Zone 4, NAD83. 2.Base map: ArcGIS Imagery 3.Discharge Point Latitude/Longitude: DP-1: 21°59'12.4"N/159°20'0.5"W DP-2: 21°59'8.3"N/159°20'1.8"W DP-3: 21°59'4.9"N/159°20'1.9"W DP-4: 21°58'39.8"N/159°19'58.9"W DP-5: 21°58'8.0"N/159°19'51.6"W DP-6: 21°57'35.3"N/159°19'51.2"W Discharge Point Stream Major Road Other Road Ground Disturbances Area Overall Project Limits 100-Year Flood Plain Lihue Airport Boundaries Coastline Path: \\na.aecomnet.com\lfs\AMER\Honolulu-USHNL1\DCS\Projects\_Legacy\IE\Projects\2653xxxx Lihue Airport Relocate Rnwy 3-21\900 Work\930 Permitting\GIS\02_Maps\Figure 2 - Discharge Locationd Date: 7/14/2022 Pacific Ocean LIHUE HANAMAULU KAPULE HWYAHUKINI RDNININI POI NT STK U H IO H W Y UNAHE STA H U K I N I R D Nawiliwili Stream H a n a m a u lu S tre a m DP-6 DP-1 LOCATION MAP LEGEND NOTES ´0 1,000 2,000Feet Figure 3 Discharge Location Flow Map Relocate Runway 3-21 at Lihue Airport Kauai, HI LihueKekaha Poipu Wailua Hanalei Hanapepe Mana Point Waimea Bay Barking Sands 1.Map projection is Hawaii State Plane, Zone 4, NAD83. 2.Base map: ArcGIS Imagery 3.Discharge Point Latitude/Longitude: DP-1: 21°59'12.4"N/159°20'0.5"W DP-2: 21°59'8.3"N/159°20'1.8"W DP-3: 21°59'4.9"N/159°20'1.9"W DP-4: 21°58'39.8"N/159°19'58.9"W DP-5: 21°58'8.0"N/159°19'51.6"W DP-6: 21°57'35.3"N/159°19'51.2"W Discharge Point Stream Major Road Other Road Ground Disturbances Area Overall Project Limits 100-Year Flood Plain Lihue Airport Boundaries Coastline Path: \\na.aecomnet.com\lfs\AMER\Honolulu-USHNL1\DCS\Projects\_Legacy\IE\Projects\2653xxxx Lihue Airport Relocate Rnwy 3-21\900 Work\930 Permitting\GIS\02_Maps\Figure 2 - Discharge Location d Date: 7/14/2022 Pacific Ocean RUNWAY 3-21TWY E TWY C T WY DTAXIWAY BKAPULE HWYAHUKINI RDNININI POI NT STK U H IO H W Y UNAHE STN A WILI WILI R D A H U K I N I R D LOCATION MAP LEGEND NOTES ´0 1,000 2,000Feet Figure 4 State Land Use Relocate Runway 3-21 at Lihue Airport Kauai, HI LihueKekaha Poipu Wailua Hanalei Hanapepe Mana Point Waimea Bay Barking Sands 1. Map projection is Hawaii State Plane, Zone 4, NAD83. 2. Base map: ArcGIS Imagery Major Road Other Road Lihue Airport Boundaries Overall Project Limits Ground Disturbance Areas Land Use Agriculture Conservation Urban Path: \\na.aecomnet.com\lfs\AMER\Honolulu-USHNL1\DCS\Projects\_Legacy\IE\Projects\2653xxxx Lihue Airport Relocate Rnwy 3-21\900 Work\930 Permitting\GIS\02_Maps\Figure 4 - State Land Use - Rev 1 /18/2022 Source: Esri, Maxar, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Wetlands Estuarine and Marine Deepwater Estuarine and Marine Wetland Freshwater Emergent Wetland Freshwater Forested/Shrub Wetland Freshwater Pond Lake Other Riverine November 3, 2021 0 0.3 0.60.15 mi 0 0.5 10.25 km 1:19,532 National Wetlands Inventory (NWI) This page was produced by the NWI mapper This map is for general reference only. The US Fish and Wildlife Service is not responsible for the accuracy or currentness of the base data shown on this map. All wetlands related data should be used in accordance with the layer metadata found on the Wetlands Mapper web site. Figure 5 Wetlands Map Relocate Runway 3-21 at Lihue Airport Kauai, HI Pacific OceanKAPULE HWYAHUKINI RDNININI POINT STK U H IO H W Y UNAHE STN A WILI WILI R D A H U K I N I R D LOCATION MAP LEGEND NOTES ´0 1,000 2,000Feet Figure 6 SMA and Flood Plain Relocate Runway 3-21 at Lihue Airport Kauai, HI LihueKekaha Poipu Wailua Hanalei Hanapepe Mana Point Waimea Bay Barking Sands 1. Map projection is Hawaii State Plane, Zone 4, NAD83. 2. Base map: ArcGIS Imagery 3. DFRIM Flood Hazard Areas Ground Disturbance Areas Overall Project Limits Major Road Other Road Lihue Airport Boundaries SMA 100-Year Flood Plain ZONE AE VE X X500 Path: L:\DCS\Projects\_Legacy\IE\Projects\2653xxxx Lihue Airport Relocate Rnwy 3-21\900 Work\930 Permitting\GIS\02_Maps\Figure 6 - SMA and Flood Plain-v4.mxd Date: 7/18/2022LIHUE HANAMAULU Pacific OceanKAPULE HWYAHUKINI RDNININI POINT STK U H IO H W Y UNAHE STN A WILI WILI R D A H U K I N I R D LOCATION MAP LEGEND NOTES ´0 1,000 2,000Feet Figure 7 SMA and Sea Level Rise Relocate Runway 3-21 at Lihue Airport Kauai, HI LihueKekaha Poipu Wailua Hanalei Hanapepe Mana Point Waimea Bay Barking Sands 1. Map projection is Hawaii State Plane, Zone 4, NAD83. 2. Base map: ArcGIS Imagery 3. SLR data sourced from Pacific Islands Ocean Observing System (PacIOOS) Ground Disturbance Areas Overall Project Limits 2021 Coastline 3.2 ft SLR SMA Lihue Airport Boundaries Road Path: L:\DCS\Projects\_Legacy\IE\Projects\2653xxxx Lihue Airport Relocate Rnwy 3-21\900 Work\930 Permitting\GIS\02_Maps\Figure 7 - SMA and 3.2SLR Senario.mxd Date: 7/18/2022LIHUE HANAMAULA Appendix A: 100% Engineering Plans HAWAIIMAUIKAHOOLAWELANAIMOLOKAIOAHUKAUAINIIHAUUpolu AirportWaimea-Kohala AirportHilo International AirportKalaupapa AirportMolokai AirportKahului AirportLanai AirportHana AirportDillingham AirfieldLihue AirportPort Allen AirportP a c i f i c O c e a nNorthSouthEastWestNENWSESWKapalua AirportKalaeloaAirportATLIHUE AIRPORTLIHUE, KAUA'I, HAWAI'IDaniel K. InouyeInternationalAirportATLIHUE AIRPORTLIHUE, KAUA'I, HAWAI'IEllison OnizukaKona InternationalAirport At KeaholeDEPARTMENT OF TRANSPORTATIONSTATE OF HAWAIIPLANS FORPROJECT TEAMCIVIL:ELECTRICAL:STRUCTURAL:AIRPORT VICINITY MAPDEPARTMENT OF TRANSPORTATIONSTATE OF HAWAIIAPPROVED:DATEDIRECTOR OF TRANSPORTATION100% SUBMITTALJUNE 8, 2022DATEDEPARTMENT OF TRANSPORTATIONSTATE OF HAWAIIDSGN. DRWN. CHKD. APPD.KEY PLAN / NOTES:DATE :DWG. NO.SHEET :REVISIONSNO. DATE REVISIONSPROJECT TITLE :PROJECT NO.:SHEET TITLE:SURVEY:RELOCATE RUNWAY 3-21STATE PROJECT NO. AK1031-14HF HTJBDY 06/08/2022C:\USERS\HEATHER.FLETCHER\BOX\HDOT\LIHUE RSA\900-CAD-GIS\900-CAD\20-SHEETS\T1.00.DWGRELOCATE RUNWAY 3-21PROJECTCOVER SHEETT1.00D.NGUOSYEKU .D.NGUOSYEKU DEPARTMENT OF TRANSPORTATIONSTATE OF HAWAIIDATE :DWG. NO.SHEET :REVISIONSNO. DATE REVISIONSPROJECT TITLE :PROJECT NO.:SHEET TITLE:DSGN. DRWN. CHKD. APPD.KEY PLAN / NOTES:ATLIHUE AIRPORTLIHUE, KAUA'I, HAWAI'I100% SUBMITTALJUNE 8, 2022DATE 06/08/2022HF HTJBDYC:\USERS\HEATHER.FLETCHER\BOX\HDOT\LIHUE RSA\900-CAD-GIS\900-CAD\20-SHEETS\G1.08.DWG 6/8/2022 11:07 AMD.NGUOSYEKU OVERALL SITE PLANG1.080400400 800SCALE = 1":400' DEPARTMENT OF TRANSPORTATIONSTATE OF HAWAIIDATE :DWG. NO.SHEET :REVISIONSNO. DATE REVISIONSPROJECT TITLE :PROJECT NO.:SHEET TITLE:DSGN. DRWN. CHKD. APPD.KEY PLAN / NOTES:ATLIHUE AIRPORTLIHUE, KAUA'I, HAWAI'I100% SUBMITTALJUNE 8, 2022DATE06/08/2022HF HTJBDYC:\USERS\HEATHER.FLETCHER\BOX\HDOT\LIHUE RSA\900-CAD-GIS\900-CAD\20-SHEETS\C4.00-4.16.DWG 6/7/2022 6:44 PMD.NGUOSYEKU PAVING PLAN 8C4.0805050100SCALE: 1"=50' DEPARTMENT OF TRANSPORTATIONSTATE OF HAWAIIDATE :DWG. NO.SHEET :REVISIONSNO. DATE REVISIONSPROJECT TITLE :PROJECT NO.:SHEET TITLE:DSGN. DRWN. CHKD. APPD.KEY PLAN / NOTES:ATLIHUE AIRPORTLIHUE, KAUA'I, HAWAI'I100% SUBMITTALJUNE 8, 2022DATE 06/08/2022HF HTJBDYC:\USERS\HEATHER.FLETCHER\BOX\HDOT\LIHUE RSA\900-CAD-GIS\900-CAD\20-SHEETS\C4.00-4.16.DWG 6/7/2022 6:45 PMD.NGUOSYEKU PAVING PLAN 12C4.1205050100SCALE: 1"=50' DEPARTMENT OF TRANSPORTATIONSTATE OF HAWAIIDATE :DWG. NO.SHEET :REVISIONSNO. DATE REVISIONSPROJECT TITLE :PROJECT NO.:SHEET TITLE:DSGN. DRWN. CHKD. APPD.KEY PLAN / NOTES:ATLIHUE AIRPORTLIHUE, KAUA'I, HAWAI'I100% SUBMITTALJUNE 8, 2022DATE 06/08/2022HF HTJBDYC:\USERS\HEATHER.FLETCHER\BOX\HDOT\LIHUE RSA\900-CAD-GIS\900-CAD\20-SHEETS\C5.29.DWG 6/7/2022 7:12 PMD.NGUOSYEKU FAA NORTH ACCESSROAD PLAN ANDPROFILEC5.295050 100SCALE: 1"=50'5050 100SCALE: 1"=50'5050 100HORIZONTAL SCALE: 1"=50'5510VERTICAL SCALE: 1"=5' DEPARTMENT OF TRANSPORTATIONSTATE OF HAWAIIDATE :DWG. NO.SHEET :REVISIONSNO. DATE REVISIONSPROJECT TITLE :PROJECT NO.:SHEET TITLE:DSGN. DRWN. CHKD. APPD.KEY PLAN / NOTES:ATLIHUE AIRPORTLIHUE, KAUA'I, HAWAI'I100% SUBMITTALJUNE 8, 2022DATE 06/08/2022HF HTJBDYC:\USERS\HEATHER.FLETCHER\BOX\HDOT\LIHUE RSA\900-CAD-GIS\900-CAD\20-SHEETS\C5.30-C5.31.DWG 6/7/2022 7:13 PMD.NGUOSYEKU NORTH AOA VSRPLAN AND PROFILE 1C5.305050 100SCALE: 1"=50'5050 100SCALE: 1"=50'5050 100HORIZONTAL SCALE: 1"=50'5510VERTICAL SCALE: 1"=5' DEPARTMENT OF TRANSPORTATIONSTATE OF HAWAIIDATE :DWG. NO.SHEET :REVISIONSNO. DATE REVISIONSPROJECT TITLE :PROJECT NO.:SHEET TITLE:DSGN. DRWN. CHKD. APPD.KEY PLAN / NOTES:ATLIHUE AIRPORTLIHUE, KAUA'I, HAWAI'I100% SUBMITTALJUNE 8, 2022DATE 06/08/2022HF HTJBDYC:\USERS\HEATHER.FLETCHER\BOX\HDOT\LIHUE RSA\900-CAD-GIS\900-CAD\20-SHEETS\C5.30-C5.31.DWG 6/7/2022 7:13 PMD.NGUOSYEKU NORTH AOA VSRPLAN AND PROFILE 2C5.315050 100SCALE: 1"=50'5050 100SCALE: 1"=50'5050 100HORIZONTAL SCALE: 1"=50'5510VERTICAL SCALE: 1"=5' DEPARTMENT OF TRANSPORTATIONSTATE OF HAWAIIDATE :DWG. NO.SHEET :REVISIONSNO. DATE REVISIONSPROJECT TITLE :PROJECT NO.:SHEET TITLE:DSGN. DRWN. CHKD. APPD.KEY PLAN / NOTES:ATLIHUE AIRPORTLIHUE, KAUA'I, HAWAI'I100% SUBMITTALJUNE 8, 2022DATE06/08/2022HF HTJBDYC:\USERS\HEATHER.FLETCHER\BOX\HDOT\LIHUE RSA\900-CAD-GIS\900-CAD\20-SHEETS\C5.00-5.16.DWG 6/7/2022 7:04 PMD.NGUOSYEKU GRADING LAYOUT 8C5.0805050 100SCALE: 1"=50'05050 100SCALE: 1"=50' DEPARTMENT OF TRANSPORTATIONSTATE OF HAWAIIDATE :DWG. NO.SHEET :REVISIONSNO. DATE REVISIONSPROJECT TITLE :PROJECT NO.:SHEET TITLE:DSGN. DRWN. CHKD. APPD.KEY PLAN / NOTES:ATLIHUE AIRPORTLIHUE, KAUA'I, HAWAI'I100% SUBMITTALJUNE 8, 2022DATE 06/08/2022HF HTJBDYC:\USERS\HEATHER.FLETCHER\BOX\HDOT\LIHUE RSA\900-CAD-GIS\900-CAD\20-SHEETS\C5.00-5.16.DWG 6/7/2022 7:07 PMD.NGUOSYEKU GRADING LAYOUT 12C5.1205050 100SCALE: 1"=50' DEPARTMENT OF TRANSPORTATIONSTATE OF HAWAIIDATE :DWG. NO.SHEET :REVISIONSNO. DATE REVISIONSPROJECT TITLE :PROJECT NO.:SHEET TITLE:DSGN. DRWN. CHKD. APPD.KEY PLAN / NOTES:ATLIHUE AIRPORTLIHUE, KAUA'I, HAWAI'I100% SUBMITTALJUNE 8, 2022DATE 06/08/2022HF HTJBDYC:\USERS\HEATHER.FLETCHER\BOX\HDOT\LIHUE RSA\900-CAD-GIS\900-CAD\20-SHEETS\C5.30.DWG 6/7/2022 7:17 PMD.NGUOSYEKU GRADING SECTIONSRWY 21 ENDC5.6006060 120SCALE: 1"=60' DEPARTMENT OF TRANSPORTATIONSTATE OF HAWAIIDATE :DWG. NO.SHEET :REVISIONSNO. DATE REVISIONSPROJECT TITLE :PROJECT NO.:SHEET TITLE:DSGN. DRWN. CHKD. APPD.KEY PLAN / NOTES:ATLIHUE AIRPORTLIHUE, KAUA'I, HAWAI'I100% SUBMITTALJUNE 8, 2022DATE 06/08/2022HF HTJBDYC:\USERS\HEATHER.FLETCHER\BOX\HDOT\LIHUE RSA\900-CAD-GIS\900-CAD\20-SHEETS\C5.30.DWG 6/7/2022 7:17 PMD.NGUOSYEKU GRADING SECTIONSRWY 21 ENDC5.610100100 200HORIZONTAL SCALE: 1"=100'01010 20VERTICAL SCALE: 1"=10' DEPARTMENT OF TRANSPORTATIONSTATE OF HAWAIIDATE :DWG. NO.SHEET :REVISIONSNO. DATE REVISIONSPROJECT TITLE :PROJECT NO.:SHEET TITLE:DSGN. DRWN. CHKD. APPD.KEY PLAN / NOTES:ATLIHUE AIRPORTLIHUE, KAUA'I, HAWAI'I100% SUBMITTALJUNE 8, 2022DATE 06/08/2022HF HTJBDYC:\USERS\HEATHER.FLETCHER\BOX\HDOT\LIHUE RSA\900-CAD-GIS\900-CAD\20-SHEETS\C5.30.DWG 6/7/2022 7:17 PMD.NGUOSYEKU GRADING SECTIONSRWY 21 ENDC5.620100100 200HORIZONTAL SCALE: 1"=100'01010 20VERTICAL SCALE: 1"=10' DEPARTMENT OF TRANSPORTATIONSTATE OF HAWAIIDATE :DWG. NO.SHEET :REVISIONSNO. DATE REVISIONSPROJECT TITLE :PROJECT NO.:SHEET TITLE:DSGN. DRWN. CHKD. APPD.KEY PLAN / NOTES:ATLIHUE AIRPORTLIHUE, KAUA'I, HAWAI'I100% SUBMITTALJUNE 8, 2022DATE06/08/2022HF HTJBDYC:\USERS\HEATHER.FLETCHER\BOX\HDOT\LIHUE RSA\900-CAD-GIS\900-CAD\20-SHEETS\C6.00-6.16.DWG 6/8/2022 1:27 PMD.NGUOSYEKU DRAINAGE LAYOUT 8C6.0805050 100SCALE: 1"=50'RSATSA DEPARTMENT OF TRANSPORTATIONSTATE OF HAWAIIDATE :DWG. NO.SHEET :REVISIONSNO. DATE REVISIONSPROJECT TITLE :PROJECT NO.:SHEET TITLE:DSGN. DRWN. CHKD. APPD.KEY PLAN / NOTES:ATLIHUE AIRPORTLIHUE, KAUA'I, HAWAI'I100% SUBMITTALJUNE 8, 2022DATE 06/08/2022HF HTJBDYC:\USERS\HEATHER.FLETCHER\BOX\HDOT\LIHUE RSA\900-CAD-GIS\900-CAD\20-SHEETS\C6.00-6.16.DWG 6/8/2022 1:29 PMD.NGUOSYEKU DRAINAGE LAYOUT 12C6.1205050 100SCALE: 1"=50'RSATSA DEPARTMENT OF TRANSPORTATIONSTATE OF HAWAIIDATE :DWG. NO.SHEET :REVISIONSNO. DATE REVISIONSPROJECT TITLE :PROJECT NO.:SHEET TITLE:DSGN. DRWN. CHKD. APPD.KEY PLAN / NOTES:ATLIHUE AIRPORTLIHUE, KAUA'I, HAWAI'I100% SUBMITTALJUNE 8, 2022DATE 06/08/2022HF HTJBDYC:\USERS\HEATHER.FLETCHER\BOX\HDOT\LIHUE RSA\900-CAD-GIS\900-CAD\20-SHEETS\C7.01-7.16.DWG 6/8/2022 11:59 AMD.NGUOSYEKU C7.08PAVEMENT MARKINGSAND ROADWAYSIGNAGE PLAN LAYOUT805050 100SCALE: 1"=50' DEPARTMENT OF TRANSPORTATIONSTATE OF HAWAIIDATE :DWG. NO.SHEET :REVISIONSNO. DATE REVISIONSPROJECT TITLE :PROJECT NO.:SHEET TITLE:DSGN. DRWN. CHKD. APPD.KEY PLAN / NOTES:ATLIHUE AIRPORTLIHUE, KAUA'I, HAWAI'I100% SUBMITTALJUNE 8, 2022DATE 06/08/2022HF HTJBDYC:\USERS\HEATHER.FLETCHER\BOX\HDOT\LIHUE RSA\900-CAD-GIS\900-CAD\20-SHEETS\C8.01-8.02.DWG 6/8/2022 12:23 PMD.NGUOSYEKU NORTH AOA FENCEPLANC8.020 xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xx xx xx xx xx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxDEPARTMENT OF TRANSPORTATIONSTATE OF HAWAIIDATE :DWG. NO.SHEET :REVISIONSNO. DATE REVISIONSPROJECT TITLE :PROJECT NO.:SHEET TITLE:DSGN. DRWN. CHKD. APPD.KEY PLAN / NOTES:ATLIHUE AIRPORTLIHUE, KAUA'I, HAWAI'I100% SUBMITTALJUNE 8, 2022DATE 06/08/2022HF HTJBDYC:\USERS\HEATHER.FLETCHER\BOX\HDOT\LIHUE RSA\900-CAD-GIS\900-CAD\20-SHEETS\C8.50-8.51.DWG 6/8/2022 12:23 PMD.NGUOSYEKU AOA FENCE DETAILS 1C8.50 xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxDEPARTMENT OF TRANSPORTATIONSTATE OF HAWAIIDATE :DWG. NO.SHEET :REVISIONSNO. DATE REVISIONSPROJECT TITLE :PROJECT NO.:SHEET TITLE:DSGN. DRWN. CHKD. APPD.KEY PLAN / NOTES:ATLIHUE AIRPORTLIHUE, KAUA'I, HAWAI'I100% SUBMITTALJUNE 8, 2022DATE 06/08/2022HF HTJBDYC:\USERS\HEATHER.FLETCHER\BOX\HDOT\LIHUE RSA\900-CAD-GIS\900-CAD\20-SHEETS\C8.50-8.51.DWG 6/8/2022 12:23 PMD.NGUOSYEKU AOA FENCE DETAILS 2C8.51 NORTH RETAINING WALL PROFILENORTH RETAININGWALL PROFILE306S1.2Airports DivisionDEPARTMENT OF TRANSPORTATIONSTATE OF HAWAIIDATE :DWG. NO.SHEET :REVISIONSNO. DATE REVISIONSPROJECT TITLE :PROJECT NO.:SHEET TITLE:DSGN. DRWN. CHKD. APPD.KEY PLAN / NOTES:ATLIHUE AIRPORTLIHUE, KAUA'I, HAWAI'IAECOM Technical Services, Inc.1001 Bishop Street, Suite 1600Honolulu, Hawaii 96813www.aecom.comRUNWAY 3-21RELOCATIONRUNWAY SAFETY AREA 06/08/2022 OF 375 SHEETS BUM CADDMH MHP:\4351-4400\4370 DOT AIRPORTS, KAUAI - LIHUE AIRPORT RETAINING WALL DESIGN\004 DRAWINGS\STRUCTURAL\AUTOCAD_FORMAT\2022-05-16\4370_S1.X.DWG 6/8/2022 12:49 PMSTATE # AK1031-14AIP # 3-15-0013-XXABCFDE Airports DivisionDEPARTMENT OF TRANSPORTATIONSTATE OF HAWAIIDATE :DWG. NO.SHEET :REVISIONSNO. DATE REVISIONSPROJECT TITLE :PROJECT NO.:SHEET TITLE:DSGN. DRWN. CHKD. APPD.KEY PLAN / NOTES:ATLIHUE AIRPORTLIHUE, KAUA'I, HAWAI'IAECOM Technical Services, Inc.1001 Bishop Street, Suite 1600Honolulu, Hawaii 96813www.aecom.comRUNWAY 3-21RELOCATIONRUNWAY SAFETY AREA 06/08/2022 OF 375 SHEETS BUM CADDMH MHP:\4351-4400\4370 DOT AIRPORTS, KAUAI - LIHUE AIRPORT RETAINING WALL DESIGN\004 DRAWINGS\STRUCTURAL\AUTOCAD_FORMAT\2022-05-16\4370_S2.X.DWG 6/8/2022 12:50 PMSTATE # AK1031-14AIP # 3-15-0013-XXABCFDETYPE 2 WALLTYPICAL RETAININGWALL DETAIL-2308S2.2 Airports DivisionDEPARTMENT OF TRANSPORTATIONSTATE OF HAWAIIDATE :DWG. NO.SHEET :REVISIONSNO. DATE REVISIONSPROJECT TITLE :PROJECT NO.:SHEET TITLE:DSGN. DRWN. CHKD. APPD.KEY PLAN / NOTES:ATLIHUE AIRPORTLIHUE, KAUA'I, HAWAI'IAECOM Technical Services, Inc.1001 Bishop Street, Suite 1600Honolulu, Hawaii 96813www.aecom.comRUNWAY 3-21RELOCATIONRUNWAY SAFETY AREA 06/08/2022 OF 375 SHEETS BUM CADDMH MHP:\4351-4400\4370 DOT AIRPORTS, KAUAI - LIHUE AIRPORT RETAINING WALL DESIGN\004 DRAWINGS\STRUCTURAL\AUTOCAD_FORMAT\2022-05-16\4370_S2.X.DWG 6/8/2022 12:50 PMSTATE # AK1031-14AIP # 3-15-0013-XXABCFDETYPE 3 WALLTYPICAL RETAININGWALL DETAIL-3309S2.3 Appendix B: Site Photographs and Photograph Key Lihue Airport – Photo Key Map Page 1 Photo Key Map - Special Management Area at Runway 21 End SMA Boundary Lihue Airport – Photo Key Map Page 2 Photo 1 (Looking Northeast) Photo 2 (Looking Northeast) Lihue Airport – Photo Key Map Page 3 Photo 3 (Looking Southeast, makai) Photo 4 (Looking North, mauka) Lihue Airport – Photo Key Map Page 4 Photo 5 (Looking East, makai) Photo 6 (Looking South, makai) Lihue Airport – Photo Key Map Page 5 Photo 7 (Looking East, makai) Photo 8 (Looking Northeast, mauka) Lihue Airport – Photo Key Map Page 6 Photo 9 (Looking Northeast) Appendix C: Cost Estimate PROJECT TITLE: RELOCATE RUNWAY 3-21 PROJECT LOCATION: LIHUE, KAUAI, HAWAII STATE PROJECT NO. AK1031-14 BIL PROJECT NO. 3-15-0013-XX Status of Design: Final Design Date: July 2022 ITEM #CSI SPEC # FAA SPEC #ITEM DESCRIPTION QUANTITY UNIT PRICE TOTAL 1 02151 P-151-1 Clearing and Grubbing 3 ACRE $30,000.00 90,000.00$ 2 02152 P-152-1 On-site Excavation and Embankment 12,000 CY $20.00 240,000.00$ 3 02152 P-152-4 6" Subgrade Preparation, Vehicle Service Road, Inspection Road and Haul Roads 4,000 SY $17.00 68,000.00$ 4 02162 F-162-1 Chain-Link Airport Perimeter Fence 0LF $110.00 -$ 5 02162 F-162-2 Chain-Link Swing Gate, 18' wide 1EA $20,000.00 20,000.00$ 6 02162 F-162-3 Temporary AOA Fence, Install and Remove 1,000 LF $135.00 135,000.00$ 7 02206 --Aggregate-Turf Roads 150 CY $140.00 21,000.00$ 8 02206 --Aggregate-Turf Pedestrian Walkway 100 CY $140.00 14,000.00$ 9 02208 --Aggregate Base Course, HDOT 500 CY $120.00 60,000.00$ 10 02701 D-701-3 Reinforced Concrete Pipe, 24" Diameter, Class III 500 LF $490.00 245,000.00$ 11 02701 D-701-8 Reinforced Concrete Pipe, 60" Diameter, Class III 130 LF $1,890.00 245,700.00$ 12 02751 D-751-1 Catch Basin, 2' x 3', H20 Traffic Rated, Type G1 (Less than 4' Depth)5EA $20,000.00 100,000.00$ 13 02751 D-751-6 Catch Basin, 3' x 4', H20 Traffic Rated, Type G2 (Between 8' to 4' Depth)2EA $30,000.00 60,000.00$ 14 02751 D-751-16 Adjust Catch Basin to Grade, H20 Traffic Rated 1EA $10,000.00 10,000.00$ 15 02810 --Roadway Signs with Post and Foundation 5EA $3,000.00 15,000.00$ 16 02810 --Roadway Delineators 40 EA $200.00 8,000.00$ 17 02820 --Runway 21 Retaining Wall Including Parapet and Barbed Wire 700 LF $7,100.00 4,970,000.00$ 18 02903 T-903-1 Sprigging 3 ACRE $35,000.00 105,000.00$ 19 02905 T-905-1 Topsoiling 3 ACRE $30,000.00 90,000.00$ Electrical 20 16050 - Demolition (Remove Cables, Fixtures, Base Cans and Signs)1LS $20,000.00 20,000.00$ 21 16108 L-108-5.1 No.8 AWG, 5 kV, L-824, Type C Cable, Installed in Duct Bank or Conduit 1,500 LF $6.60 9,900.00$ SMA Total $6,526,600.00 ENGINEER'S ESTIMATE LIHUE AIRPORT BASE BID UNIT OF MEASURE Page 1 G.2.b.1. October 25, 2022 G.2.c. October 25, 2022 Lot 19 Subdivision 2-6-22: 55 Maren Arismendez-Herrera Exhibit 1 Exhibit 2 Exhibit 2 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 4 Exhibit 4 Exhibit 4 Exhibit 4 Exhibit 5 Exhibits 4, 5 N/A Exhibit 4, 5 Exhibit 4, 5 N/A Exhibit 5 Exhibit 5 Exhibit 5 Exhibit 6 Exhibit 6 Exhibit 6 Exhibit 6 Exhibit 7 Exhibit 6 Exhibit 6 Exhibit 6 Exhibit 6 N/A Exhibit 10 Exhibit 11 N/A N/A N/A N/A N/A Exhibit 9 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A EXHIBIT 1 ✓ EXHIBIT 8 EXHIBITS 4 AND 5 EXHIBIT 9 (4) 2-6-022: 055 N/A Kukui`ula Vistas LLC. Koloa, HI 96756 1801 Tiburon Blvd. Ste. 800, Tiburon, CA 96705 140,009 Sq. Ft. 808-246-0625 R-4 maren@esakimap.com X X X X X X X X X X X X X X X X X X EXHIBIT 2 EXHIBIT 2 Variance Permit/Class IV Zoning Permit Application Owner: Kukuiula Vistas LLC. EXHIBIT 6 TMK (4) 2-6-22: 55 Koloa, Kauai, Hawaii WRITTEN REQUIREMENTS PROJECT DESCRIPTION The subject property consists of Lot 19 of the “Kukui`ula Parcel H Subdivision”. The “Kukui`ula Parcel H Subdivision” is identified as Subdivision Application No. S-2016-2 that was approved by the County of Kaua`i Planning Commission on January 28, 2021. It should be noted that “Kukui`ula Parcel H Subdivision” is still under construction and the infrastructure improvements have not been completed. Lot 19 contains an area of 140,009 sq. ft. or 3.214 Acres, it is identified by Tax Map Key: (4) 2-6-22:55, and is located at Koloa, Kauai Hawaii. The proposed project involves the subdivision of Lot 19 into 8 new lots: Lots 19-A through 19-H, inclusive. The proposed development subdivides Lot 19 into a total of seven (7) residential lots and one (1) roadway lot. There are no existing dwelling units on the property. No change in use is proposed, the use of the new lots would be residential which is the current zoning of the property. Photographs (labeled and keyed to a general site map) of the project site, and the surrounding area are included in Exhibit 9. SUMMARY OF PERMITS The following permits will be required for the proposed subdivision: - Variance Permit. A variance permit is being requested pursuant to Section 8-3.3 of the Kauai County Comprehensive Zoning Ordinance (CZO) to allow the owners to vary from limitations of lot length. In particular, Lots 19-B through 19-F, inclusive, do not meet the Lot Length outlined under the Development Standards for Residential Structures which involve the subdivision of Land, Section 8-4.4(a)(3) of the CZO. The aforementioned lots have an average length that is greater than three (3) times its average width which does not meet CZO standards. - Class IV Zoning Permit. A Class IV Zoning Permit is required for development on a Parcel in the Residential District for which a Class I, II, or III permit would otherwise be obtainable except that a variance permit is required. See CZO Section 8-4.7. POLICIES AND OBJECTIVES OF THE GENERAL PLAN The property is designated by the County General Plan in the Residential Community classification. According to the Kauai General Plan (November 2000), “Lands included within the Residential Community designation shall be used predominantly for low- to high-density housing in towns and other residential areas. Density shall be one to 20 units per acre. Residential Community areas may also be used for commercial and industrial businesses, government facilities, and institutions.” It is classified by the State Land Use Commission (SLUC) in the Urban District. This district generally includes lands characterized by “city-like” concentrations of people, structures, and services. Jurisdiction for this district lies primarily with the respective county. Variance Permit/Class IV Zoning Permit Application Owner: Kukuiula Vistas LLC. EXHIBIT 6 TMK (4) 2-6-22: 55 Koloa, Kauai, Hawaii WRITTEN REQUIREMENTS The zoning per the CZO district is Residential (R-4). The Residential District regulates the number of people living in a given area by specifying the maximum allowable number of dwelling units that may be developed on any given parcel of land. The use of the Property is compatible with the County General Plan, the SLUC, and CZO. It is also compatible with the surrounding uses. LAND USE HISTORY One State Land Use District boundary amendments was found using the Land Use Commission (LUC) ArcGIS map application for finding LUC dockets. The Boundary amendment known as State Land Use Docket No. A93-696, where the land use district boundary for approximately 822.142 acres of land were changed from agricultural district to the urban district. A copy of the 2021 Annual report to the State Land use Commission for Docket No. A93-696 is attached as Exhibit 7. The County’s Lawai Bay-Kukuiula Zoning Map shows several zoning amendments in the vicinity of the property. ANALYSIS OF SECONDARY IMPACTS In general, new developments have a tendency to increase home and property values in the long term. There would a temporary increase to employment during the construction phase of the development. Population and the need for public services and facilities would increase with the development. Some basic infrastructure has been built with more under construction by both Kukui`ula Development and by the County of Kaua`i (wastewater treatment plant, new roadways, police and fire protection services, drainage systems, water improvements, etc.). The use is compatible with the surrounding uses. Variance Permit/Class IV Zoning Permit Application Owner: Kukuiula Vistas LLC. EXHIBIT 6 TMK (4) 2-6-22: 55 Koloa, Kauai, Hawaii WRITTEN REQUIREMENTS WATER SOURCE, SUPPLY, AND DISTRIBUTION SYSTEM ANALYSIS The proposed lots will receive domestic water service from the Department of Water (DOW), County of Kaua`i. Water service will not be available until the necessary water system facilities for the proposed subdivision are completed and accepted by DOW. The property will receive water service from the Department of Water of the County of Kauai public water system, it’s located within its Koloa-Poipu service area. The Koloa-Poipu service area is part of thr Kalaheo Koloa water system. According to the Kauai’s Department of Water “Water Plan 2020”, the Koloa-Poipu service area consists of a concentration of resorts along the coast, with residential communities clustered near the coast and around Koloa Town. Poipu is Kauai`s fastest-growing resort destination, and the service area includes several projects yet to be constructed. The water supply for the Koloa-Poipu service area comes from the following sources: Koloa Wells 16-A and 16-B; Koloa Wells C, D, E, and F. All of the water is chlorinated and pumped into the distribution system or stored in the following tanks in the Koloa-Poipu Area: Koloa Tank (1,000,000 gallon tank), Koloa-Pa`anau Tank (250,000 gallon tanks), Poipu Tank (1,500,000-gallon tanks @ 2 each), Pa`anau No. 2 Tank (500,000 gallon tank), and Oma`o Tank (500,000-gallon tank). SEWAGE DISPOSAL ANALYSIS The proposed lots outside the County’s sewer service area. Wastewater services (collection only) is currently provided by Kukui`ula South Shore Community Services (KSSCS). Wastewater from the KSSCS is discharged into the Poipu Water Reclamation Facility which is owned by HOH Utilities. Hawaii Water Service has signed an agreement to acquire the assets of KSSCS, it is also in the process of acquiring the Poipu Water Reclamation Facility. SOLID WASTE DISPOSAL ANALYSIS The proposed method of solid waste disposal will be the same as the surrounding areas. Solid waste collection services provided by a private contractor. Kukui`ula Development Company has provisions for construction debris disposal, green waste disposal, and recycling in order to reduce the flow of waste material to County facilities. EXHIBIT 7 EXHIBIT 7 EXHIBIT 7 EXHIBIT 7 EXHIBIT 7 EXHIBIT 7 EXHIBIT 7 EXHIBIT 7 EXHIBIT 7 EXHIBIT 7 EXHIBIT 7 EXHIBIT 7 EXHIBIT 7 EXHIBIT 7 EXHIBIT 7 EXHIBIT 7 EXHIBIT 7 EXHIBIT 7 EXHIBIT 7 Variance Permit/Class IV Zoning Permit Application Owner: Kukuiula Vistas LLC. EXHIBIT 8 TMK (4) 2-6-22: 55 Koloa, Kauai, Hawaii PROJECT DESCRIPTION/PETITION PROJECT DESCRIPTION The subject project involves the subdivision of Lot 19 of the “Kukui`ula Parcel H Subdivision” into 8 lots: Lots 19-A through 19-H, inclusive. The proposed development subdivides Lot 19 into a total of seven (7) residential lots and one (1) roadway lot. There are no existing dwelling units on the property. Photographs (labeled and keyed to a general site map) of the project site, and the surrounding area are included in Exhibit 9. Lots 19-B through 19-F, inclusive, do not meet the Lot Length to Lot Width ratio outlined under the Development Standards for Residential Structures which involve the subdivision of Land, Section 8-4.4(a)(3)(A) of the Kauai County Comprehensive Zoning Ordinance (CZO). The average length of Lots 19-B through 19-F, inclusive, are greater than three (3) times their average width which does not meet current CZO standards. Due to the topography of the Lot and additional restriction s to vehicular access point imposed by the Kaua`i Department of Public Works, the strict application of the regulations would greatly reduce the number of lots without requiring further deviations from the CZO standards (deviations such as minimum Lot Width). Additionally, the variance request would not adversely impact the surrounding neighborhood. Average Lot Length and average Lot width calculations for Lots 19-A through 19-G, inclusive, are included on the following page. Each lot was divided into 10 equal parts from front to back, and a total of 11 width measurement were taken for each lot. The 11 width measurements for each lot were added up and divided by 11. The direction followed in measuring the lot width is the same direction of the roadway lot. The average lot length was obtained by dividing each total lot area by its average lot width. Values that do not conform to CZO standards are shown in red. Variance Permit/Class IV Zoning Permit Application Owner: Kukuiula Vistas LLC. EXHIBIT 8 TMK (4) 2-6-22: 55 Koloa, Kauai, Hawaii PROJECT DESCRIPTION/PETITION CALCULATIONS LOT 19-A LOT 19-B LOT 19-C LOT 19-D LOT 19-E LOT 19-F LOT 19-G w1 49.08 47.00 66.00 60.00 66.00 65.11 10.40 w2 89.00 47.00 66.00 80.00 66.00 68.00 106.46 w3 103.79 47.00 66.00 66.00 66.00 68.00 143.93 w4 118.77 50.99 66.00 66.00 66.00 68.00 171.06 w5 141.62 69.21 66.00 66.00 66.00 68.00 154.52 w6 161.50 83.01 66.00 66.00 66.00 93.27 166.42 w7 119.09 83.01 66.00 66.00 66.00 85.03 159.11 w8 76.01 83.01 66.00 68.41 72.87 68.01 76.55 w9 45.10 83.01 76.24 74.85 69.24 50.99 58.61 w10 20.78 46.27 90.90 49.47 49.25 33.97 36.31 w11 0.00 0.00 0.00 0.00 0.00 0.00 0.00 𝑤̅=∑(𝑤1 +𝑤2 +⋯+𝑤𝑛) 𝑛 84.07 58.14 63.19 60.25 59.40 60.76 98.49 LOT 19-A LOT 19-B LOT 19-C LOT 19-D LOT 19-E LOT 19-F LOT 19-G Area (Sq. Ft.) 15,835 13,190 15,761 18,155 15,955 13,846 19,664 𝐿̅=𝐴𝑟ⅇ𝑎 𝑤̅ 188.36 226.88 249.40 301.34 268.62 227.87 199.66 𝐿̅ 𝑤̅ 2.24 3.90 3.95 5.00 4.52 3.75 2.03 Variance Permit/Class IV Zoning Permit Application Owner: Kukuiula Vistas LLC. EXHIBIT 8 TMK (4) 2-6-22: 55 Koloa, Kauai, Hawaii PROJECT DESCRIPTION/PETITION JUSTIFICATION FOR VARIANCE Variance Permit criteria established through Section 8-3.3(b) of the Kauai County Code (1987): - Size. Lot 19 contains an area of 140,009 sq. ft. or 3.214 Acres and is proposed to be subdivided into eight (8) lots: Lot 19-A containing 15,835 sq. ft. or 0.364 Acre, Lot 19-B containing 13,190 sq. ft. or 0.303 Acre, Lot 19-C containing 15,761 sq. ft. or 0.362 Acre, Lot 19-D containing 18,155 sq. ft. or 0.417 Acre, Lot 19-E containing 15,955 sq. ft. or 0.366 Acre, Lot 19-F containing 13,846 sq. ft. or 0.318 Acre, and Lot 19-G containing 19,664 sq. ft. or 0.451 Acre. The Owners wish to create total of seven (7) residential lots and one (1) roadway lot. The minimum average lot area is more than the six thousand (6,000) sq. ft. that is required. The smallest lot (Lot 19-B) contains 13,190 sq. ft. which above the four thousand (4,000) sq. ft. minimum. None of the lots are less than six thousand (6,000), which is in accordance with the twenty percent (20%) maximum for the number of lots in a proposed subdivision that are allowed to be less than six thousand (6,000) sq. ft. The average width of the lots, excluding the roadway lot, is 69.2 ft. which is greater than the sixty (60) feet minimum. None of the lots are less than forty-five (45) feet in width nor are any of the lots “flag” lots. Lots 19-B through 19-F, inclusive, do not meet the Lot Length outlined under the Development Standards for Residential Structures which involve the subdivision of Land, Section 8-4.4(a)(3) of the Kauai County Comprehensive Zoning Ordinance (CZO). The average length of these lots is greater than three (3) times their average width. The average length to average width ratio for Lots 19-B through 19-F, inclusive, ranges from 3.75:1 to 5:1. A variance permit is being requested to allow Lots 19-B through 19-F, inclusive, to deviate from the required 3:1 average length to width ratio. - Shape. Lot 19 is an irregular shaped parcel; the sides and interior angles are not all the same. - Topography. Lots 19-B through 19-F, inclusive, have a slope at the back of the lots that limits the land available for development. - Location. Lot 19 is a part of the “Kukui`ula Parcel H” subdivision, and is located in the Ahupuaa of Koloa. Further identified by tax map key (4) 2-6-22: 55. The parcel abuts Ala Kukui`ula on the North, Kahela Street on the West, and Pua Lehiwa Way on the South. - Surroundings. Lot 19 is located in a residential area and is surrounded by residential zoned lands. Surroundings have no adverse impact on the development of the site. KAUA'I COUNTY HOUSING AGENCY ADAM ROVERSI.DIRECTOR COUHT''/nr ''i,''.UAI 21 JUN30 P 2:4 7 DEREKSJC.KAWAKAMI.MAYOR MICHAELA.DAH1L1G.MANAGIN6 DIRECTOR f^BEPT. TO:Kaaina S.Hull,Planning Director FROM:Adam P.Roversi,Housing Director •^&-^ DATE:June 30,2021 SUBJECT:Housing Agency Comments on Subdivision Permit N0.S-2021-5,TMK:(4)2-6-022:055, Applicant -Kukui'ula Development Co.LLC Applicant Kukui'ula Development Co.LLC is requesting review and approval of Subdivision N0.S-2021-5 TMK:(4)2-6-022:055,which seeks subdivision of lot 19,Kukui'ula Parcel H Subdivision belng a portion of R.P.6714,L.C Aw.7714-B,Ap.2 to M.Kekuaiwa No.M.Kekuanaoa into lots 19-A thru 19-H,inclusive 19- J,19-K,and roadway lot 19-L,and easement A-2. The proposed subdivision is partof a resort developmentthat has an overall proj'ect density of 1,500 units that shall include hotel rooms;single-family detached and attached dwellings;and multi-family dwellings. Affordable housing units,along with the various Project components shall be excluded from the 1,500 unit density limit Accordingly,the project is required to satisfy workforce housing requirements of the County Housing Policy,Kauai County Code Section 7A,and as a requirement ofOrdinance PM-2004-370- 79. Kukui ula Development Co.LLC satisfied its workforce housing requirements by entering into a workforce housing agreement with the Housing Agency on November 4,2005.This Agreement,as subsequently amended,led to the development of the 134-unit Koae Makana workforce housing project in Koloa,as well as ongoing obligations that are monitored by the Housing Agency. Accordingly,the Housing Agenc/s concerns regarding this subdivision have been addressed,and Housing takes no issue with the approval of the proposed subdivision. Thankyoufortheopportunitytoprovidecomments. 4444 Rice Street,Suite 330 •Lihu'e.Hawai'i 96766 •(808)241 -4444 (b;•(808)241 -5118 (fl An Equal Opportunily Employer EXHIBIT 11 G.2.c.1. October 25, 2022 EXHIBIT 1 ✓ EXHIBIT 8 EXHIBITS 4 AND 5 EXHIBIT 9 Lot 18 Subdivision 2-6-22: 54 Dennis M. Esaki Exhibit 1 Exhibit 2 Exhibit 2 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 4 Exhibit 4 Exhibit 4 Exhibit 4 Exhibit 5 Exhibits 4, 5 N/A Exhibit 4, 5 Exhibit 4, 5 N/A Exhibit 5 Exhibit 5 Exhibit 5 Exhibit 6 Exhibit 6 Exhibit 6 Exhibit 6 Exhibit 7 Exhibit 6 Exhibit 6 Exhibit 6 Exhibit 6 N/A Exhibit 10 N/A N/A N/A N/A N/A N/A Exhibit 9 N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A (4) 2-6-022: 054 N/A Kukui`ula Vistas LLC. Koloa, HI 96756 1801 Tiburon Blvd. Ste. 800, Belvedere Tiburon, CA 94920 87,919 Sq. Ft. 808-246-0625 R-4 maren@esakimap.com X X X X X X X X X X X X X X X X X X 909090909590909292939494939292919493929193929183839192929191919194939497979191919392506070809090 9090 80 90TOP OF PAVING ELEVATION TG TOP OF GRADE ELEVATION TW TOP OF WALL ELEVATION BUILDING SETBACK LINE NEW CONTOUR EXISTING CONTOUR TD TOP OF DRAIN ELEVATION PROPERTY LINE TOP OF FLOOR ELEVATION BW BOTTOM OF WALL ELEVATION LEGEND EASEMENT LINE TAX MAP KEY TMK (4) 2-6-015: 014 PROJECT INFORMATION NUMBER OF 4 BEDROOMS HOMES MODEL TYPE MAIN HOUSE A TWO STORY 4 BEDROOMS MAIN HOUSE B TWO STORY 4 BEDROOMS MAIN HOUSE C TWO STORY 4 BEDROOMS GARAGE note: lot coverage calculations include building footprint, decks, pools, driveways, equipment pads, grasscrete 50% factor, rock walls and landscape paving. "preliminary subject to change" LOT COVERAGE LOT NO.LOT AREA LOT COVERAGE % UNDER ROOF AREA 27% 26% 25% 22% 25% LOT 18-A LOT 18-B LOT 18-C LOT 18-D LOT 18-E 16,858 SF 12,686 SF 11,635 SF 11,492 SF 13,785 SF 5,825 SF 6,020 SF 5,621 SF 5,509 SF 5,981 SF 34.6% 47.5% 48.3% 47.9% 43.4%4,093 SF 4,093 SF 4,093 SF 3,477 SF 4,093 SF Sheet No:A-2 © 2022, RIEHM OWENSBY TEL. 808-936-8202 Abris Architecture LLC Consulting Architect P.O. BOX 3034 KAILUA-KONA HAWAI’I 96745 TEL. 808-640-1093 PLANNERS ARCHITECTS ▼ Riehm Owen s b y N Scale 1" = 30' - 0" 0' 15' 30' Site Plan 60' NO. AR-7068MICHAELJ.RIE H MHAWAI I U S A LICENSED PROFESSIONAL ARCHITECT★★ License Expiration Date 4/30/24 Kaupili at Kukui’ula Parcel "H" Lot 18 for Meridian Pacific, Ltd. Koloa, Kaua’i, Hawai’i 8.1.22 TP FF 5 POOLEQUIPMENTACEQUIPMENTTRASHENCLOSURETRASH ENCLOSURE ACEQUIPMENTPOOLEQUIPMENTTRASH ENCLOSURE ACEQUIPMENTPOOLEQUIPMENTACEQUIPMENTPOOLEQUIPMENTTRASHENCLOSURETRASHENCLOSUREACEQUIPMENTPOOLEQUIPMENTLOT 18-D LOT 18-E LOT 18-CLOT 18-B LOT 18-A LOT 19-A Parcel 19 ALA K U K UI’ U L A K A H E L A P L A C E LOT 18-F Parcel 18 Note: 1. sideyard rock walls built to the centerline of side yard property line as a common wall element. 2. per kaua’i county zoning code side yards shall be 5' minimum or 1/2 the height of the building wall at the side yard whichever is greater. for now we are using 6'-6" for one story homes, 12'-0" two story homes and 5'-0" for garages. 3. front yards are 15' per kukui’ula requirements and 10' per kaua’i county zoning code. TW 95.50 BW 91.05 TW 94.50 BW 91.43 TW 93.50 BW 92.60 TW 92.00 TW 91.25 TP 91.50 TS 91.50 TS 91.75 TS 93.25 TS 91.75 TS 93.00 TW 91. 0 0 TW 87. 0 0 TS 88.63 TW 91.00BW 83.25TW 93.50BW 91.52TW 93.50BW 91.39TW 95.00BW 91.88TW 9 3 . 5 0 BW 9 1 . 0 4 TW 92.50 TW 85.50 TW 85.50 BW 84.91 TW 93.50 TW 9 3. 5 0 TW 9 5.5 0 TW 95.00 TW 87.00 TW 93.50 TW 85.50 TW 93.50 TW 85.50 TW 85.50 TW 77.50TW 85.50TW 77.50TW 85. 5 0 TG 83.0 0 TG 91.25 FF 93.00 TG 91.25 FF 93.00 TG 92.75 FF 94.50 TG 91.25 FF 93.00 TG 83.25 FF 85.00 EXHIBIT 5 Sheet No: Scale 1/4" = 1' - 0" 0' 2' 4'8' A-3 Abris Architecture LLC Consulting Architect P.O. BOX 3034 KAILUA-KONA HAWAI’I 96745 TEL. 808-640-1093 PLANNERS ARCHITECTS ▼ Riehm Owen s b y NO. AR-7068MICHAELJ.RIE H MHAWAI I U S A LICENSED PROFESSIONAL ARCHITECT★★ License Expiration Date 4/30/24 1st Floor Plan Main House B © 2022, RIEHM OWENSBY TEL. 808-936-8202 SQUARE FOOTAGE MAIN HOUSE INTERIOR 1ST FLOOR 2,460 SF 507 SFLANAIS 1ST FLOOR TOTAL LANAI AREA 609 SF INTERIOR 2ND FLOOR 478 SF 102 SFLANAIS 2ND FLOOR TOTAL INTERIOR AREA 2,938 SF TOTAL AREA 3,547 SF Kaupili at Kukui’ula Parcel "H" Lot 18 for Meridian Pacific, Ltd. Koloa, Kaua’i, Hawai’i 8.1.22 LIVING KITCHEN BEDROOM 1 BATH 1 W.C. 1 UTILITY POWDER ALCOVE HALLWAY BEDROOM 2 BATH 2 W.C. 2 SHWR. 2 SHOWER 1 W.C. 3 SHWR. 3 BATH 3 BEDROOM 3 ENTRY LANAI LIVING LANAI STAIRSTORAGE skylights above pivot doorwindow behindlavatories withmirrorsclothes clothes grille clothesroof overhang above roof overhang above clothesCLOSETCLOSET D.W. REF. RANGE/ OVEN SINK & DISPOS.D.W. OUTDOOR SHOWER OUTDOOR SHOWER DN DN DN DN GATE GATE GATE LAV. LAV. MIR. MIR. BATH F.D. HEAD W.C. W.C. LAV. MIR.MIR. LAV.LAV. TUB FILLER ROCK MASONRY WALL UP OUTDOOR SHOWER HEAD HEAD F.D.F.D. HEAD HEAD HEAD ROCK MASONRY WALL EXHIBIT 5 Sheet No: Scale 1/4" = 1' - 0" 0' 2' 4'8' A-4 Abris Architecture LLC Consulting Architect P.O. BOX 3034 KAILUA-KONA HAWAI’I 96745 TEL. 808-640-1093 PLANNERS ARCHITECTS ▼ Riehm Owen s b y NO. AR-7068MICHAELJ.RIE H MHAWAI I U S A LICENSED PROFESSIONAL ARCHITECT★★ License Expiration Date 4/30/24 2nd Floor Plan Main House B © 2022, RIEHM OWENSBY TEL. 808-936-8202Kaupili at Kukui’ula Parcel "H" Lot 18 for Meridian Pacific, Ltd. Koloa, Kaua’i, Hawai’i 8.1.22 BEDROOM 4 BATH 4 W.C. SHOWER 1 STAIRWELL LANAI clothesW.C. LAV. LAV.cricketcricketHIP HIPVALLEYVALLEYHIPVALLEYHIPRIDGE VENT HIPHIPHIPVALLEYHIPHIPVALLEYRIDGE VENT HIPHIPMETAL GUTTERMETAL GUTTER ROOF LINE ABOVE ROOF LINE ABOVE4'X8' SOLAR HOT WATER PANEL 4'X8' SOLAR HOT WATER PANEL 2'X10' SKYLIGHT SQUARE FOOTAGE MAIN HOUSE INTERIOR 1ST FLOOR 2,460 SF 507 SFLANAIS 1ST FLOOR TOTAL LANAI AREA 609 SF INTERIOR 2ND FLOOR 478 SF 102 SFLANAIS 2ND FLOOR TOTAL INTERIOR AREA 2,938 SF TOTAL AREA 3,547 SF BUILDING WALL BELOW RIDGE VENT EXHIBIT 5 Sheet No: Scale 1/4" = 1' - 0" 0' 2' 4'8' A-5 Abris Architecture LLC Consulting Architect P.O. BOX 3034 KAILUA-KONA HAWAI’I 96745 TEL. 808-640-1093 PLANNERS ARCHITECTS ▼ Riehm Owen s b y NO. AR-7068MICHAELJ.RIE H MHAWAI I U S A LICENSED PROFESSIONAL ARCHITECT★★ License Expiration Date 4/30/24 1st Floor Plan © 2022, RIEHM OWENSBY TEL. 808-936-8202 SQUARE FOOTAGE MAIN HOUSE INTERIOR 1ST FLOOR 2,460 SF 507 SFLANAIS 1ST FLOOR TOTAL LANAI AREA 609 SF INTERIOR 2ND FLOOR 478 SF 102 SFLANAIS 2ND FLOOR TOTAL INTERIOR AREA 2,938 SF TOTAL AREA 4,170 SF 623 SFGARAGE AREA Kaupili at Kukui’ula Parcel "H" Lot 18 for Meridian Pacific, Ltd. Koloa, Kaua’i, Hawai’i Model C 8.1.22 LIVING KITCHEN BEDROOM 1 BATH 1 W.C. 1 UTILITY POWDER ALCOVE HALLWAY BEDROOM 2 BATH 2 W.C. 2 SHWR. 2 113 SHOWER 1 106 W.C. 3 SHWR. 3 116 BATH 3 BEDROOM 3 ENTRY LANAI LIVING LANAI STAIRSTORAGE GARAGE skylights above pivot doorwindow behindlavatories withmirrorsclothes clothes grille clothesroof overhang aboveclothesCLOSETCLOSET D.W. REF. RANGE/ OVEN SINK & DISPOS.D.W. OUTDOOR SHOWER OUTDOOR SHOWER DN DN DN DN GATE GATE GATE LAV. LAV. MIR. MIR. BATH F.D. HEAD W.C. W.C. LAV. MIR.MIR. LAV.LAV. TUB FILLER ROCK MASONRY WALL UP OUTDOOR SHOWER HEAD HEAD F.D.F.D. HEAD HEAD HEAD ROCK MASONRY WALL roof overhang above EXHIBIT 5 Sheet No: Scale 1/4" = 1' - 0" 0' 2' 4'8' A-6 Abris Architecture LLC Consulting Architect P.O. BOX 3034 KAILUA-KONA HAWAI’I 96745 TEL. 808-640-1093 PLANNERS ARCHITECTS ▼ Riehm Owen s b y NO. AR-7068MICHAELJ.RIE H MHAWAI I U S A LICENSED PROFESSIONAL ARCHITECT★★ License Expiration Date 4/30/24 1st Floor Plan Model C © 2022, RIEHM OWENSBY TEL. 808-936-8202 SQUARE FOOTAGE MAIN HOUSE INTERIOR 1ST FLOOR 2,460 SF 507 SFLANAIS 1ST FLOOR TOTAL LANAI AREA 609 SF INTERIOR 2ND FLOOR 478 SF 102 SFLANAIS 2ND FLOOR TOTAL INTERIOR AREA 2,938 SF TOTAL AREA 4,170 SF 623 SFGARAGE AREA Kaupili at Kukui’ula Parcel "H" Lot 18 for Meridian Pacific, Ltd. Koloa, Kaua’i, Hawai’i 8.1.22 cricketRIDGE VENT RIDGE VENT 4'X8' SOLAR HOT WATER PANEL 2'X10' SKYLIGHT ROOF LINE ABOVERIDGE VENT4'X8' SOLAR HOT WATER PANEL BEDROOM 1 BATH 1 W.C. SHOWER 1 STAIRWELL LANAI clothesW.C. LAV. LAV. cricketHIP HIPVALLEYVALLEYHIPVALLEYHIPHIPHIPHIPVALLEYHIPHIPVALLEYMETAL GUTTERMETAL GUTTER ROOF LINE ABOVE VALLEYVALLEYHIPHIPHIPHIPEXHIBIT 5 Sheet No: Scale 1/4" = 1' - 0" 0' 2' 4'8' A-7 Abris Architecture LLC Consulting Architect P.O. BOX 3034 KAILUA-KONA HAWAI’I 96745 TEL. 808-640-1093 PLANNERS ARCHITECTS ▼ Riehm Owen s b y NO. AR-7068MICHAELJ.RIE H MHAWAI I U S A LICENSED PROFESSIONAL ARCHITECT★★ License Expiration Date 4/30/24 1st Floor Plan © 2022, RIEHM OWENSBY TEL. 808-936-8202 SQUARE FOOTAGE MAIN HOUSE INTERIOR 1ST FLOOR 2,460 SF 507 SFLANAIS 1ST FLOOR TOTAL LANAI AREA 609 SF INTERIOR 2ND FLOOR 478 SF 102 SFLANAIS 2ND FLOOR TOTAL INTERIOR AREA 2,938 SF TOTAL AREA 4,060 SF GARAGE AREA 513 SF Kaupili at Kukui’ula Parcel "H" Lot 18 for Meridian Pacific, Ltd. Koloa, Kaua’i, Hawai’i Model D 8.1.22 LIVING KITCHEN BEDROOM 1 BATH 1 W.C. 1 UTILITY POWDER ALCOVE HALLWAY BEDROOM 2 BATH 2 W.C. 2 SHWR. 2 SHOWER 1 W.C. 3 SHWR. 3 BATH 3 BEDROOM 3 ENTRY LANAI LIVING LANAI STAIRSTORAGE GARAGE skylights above pivot doorwindow behindlavatories withmirrorsclothes clothes grille clothesroof overhang above clothesCLOSETCLOSET D.W. REF. RANGE/ OVEN SINK & DISPOS.D.W. OUTDOOR SHOWER OUTDOOR SHOWER DN DN DN DN GATE GATE GATE LAV. LAV. MIR. MIR. BATH F.D. HEAD W.C. W.C. LAV. MIR.MIR. LAV.LAV. TUB FILLER ROCK MASONRY WALL UP OUTDOOR SHOWER HEAD HEAD F.D.F.D. HEAD HEAD HEAD ROCK MASONRY WALL roof overhang above EXHIBIT 5 Sheet No: Scale 1/4" = 1' - 0" 0' 2' 4'8' A-8 Abris Architecture LLC Consulting Architect P.O. BOX 3034 KAILUA-KONA HAWAI’I 96745 TEL. 808-640-1093 PLANNERS ARCHITECTS ▼ Riehm Owen s b y NO. AR-7068MICHAELJ.RIE H MHAWAI I U S A LICENSED PROFESSIONAL ARCHITECT★★ License Expiration Date 4/30/24 1st Floor Plan © 2022, RIEHM OWENSBY TEL. 808-936-8202 SQUARE FOOTAGE MAIN HOUSE INTERIOR 1ST FLOOR 2,460 SF 507 SFLANAIS 1ST FLOOR TOTAL LANAI AREA 609 SF INTERIOR 2ND FLOOR 478 SF 102 SFLANAIS 2ND FLOOR TOTAL INTERIOR AREA 2,938 SF TOTAL AREA 4,060 SF GARAGE AREA 513 SF Kaupili at Kukui’ula Parcel "H" Lot 18 for Meridian Pacific, Ltd. Koloa, Kaua’i, Hawai’i Model D 8.1.22 cricketRIDGE VENT RIDGE VENT 4'X8' SOLAR HOT WATER PANEL 2'X10' SKYLIGHT ROOF LINE ABOVERIDGE VENT4'X8' SOLAR HOT WATER PANEL BEDROOM 1 BATH 1 W.C. SHOWER 1 STAIRWELL LANAI clothesW.C. LAV. LAV. cricketHIP HIPVALLEYVALLEYHIPVALLEYHIPHIPHIPHIPVALLEYHIPHIPVALLEYHIPHIPMETAL GUTTERMETAL GUTTER ROOF LINE ABOVE ROOF LINE ABOVEEXHIBIT 5 Sheet No: Scale 1/4" = 1' - 0" 0' 2' 4'8' A-9 Abris Architecture LLC Consulting Architect P.O. BOX 3034 KAILUA-KONA HAWAI’I 96745 TEL. 808-640-1093 PLANNERS ARCHITECTS ▼ Riehm Owen s b y SQUARE FOOTAGE NO. AR-7068MICHAELJ.RIE H MHAWAI I U S A LICENSED PROFESSIONAL ARCHITECT★★ GARAGE 535 SF License Expiration Date 4/30/24 1 Floor Plan 2 Roof Plan Floor & Roof Plan Garage © 2022, RIEHM OWENSBY TEL. 808-936-82026.3.22 Kaupili at Kukui’ula Parcel "H" Lot 18 for Meridian Pacific, Ltd. Koloa, Kaua’i, Hawai’i23'-1 1/2"23'-1 1/2" GARAGE HIPHIPHIPHIPPITCH CHANGE LINE WALL BELOW D.S. D.S.D.S. CEDAR SHAKE ROOF GUTTER DOUBLE ROOF SLOPE LINE BUILDING LINE BELOW D.S.SLOPE 6:12SLOPE 4:12SLOPE 6:12SLOPE 4:12SLOPE 6:12SLOPE 4:12 SLOPE 6:12 SLOPE 4:12 ROOF OVERHANG LINE EXHIBIT 5 1 Side Elevation Sheet No: Scale 1/4" = 1' - 0" 0' 2' 4'8' A-13 Abris Architecture LLC Consulting Architect P.O. BOX 3034 KAILUA-KONA HAWAI’I 96745 TEL. 808-640-1093 PLANNERS ARCHITECTS ▼ Riehm Owen s b y 2 Front Elevation Exterior Elevations NO. AR-7068MICHAELJ.RIE H MHAWAI I U S A LICENSED PROFESSIONAL ARCHITECT★★ License Expiration Date 4/30/24 Main House © 2022, RIEHM OWENSBY TEL. 808-936-8202Kaupili at Kukui’ula Parcel "H" Lot 18 for Meridian Pacific, Ltd. Koloa, Kaua’i, Hawai’i 8.1.22 26'-8 3/4"1'-9"10'-1 1/8"11'-1 1/8"13'-10 5/8"1'-0"1'-9"10'-1 1/8"11'-1 1/8"1'-0"26'-8 3/4"13'-10 5/8"CEDAR SHAKE ROOF INFINITY EDGE POOL ALLURA TRIM ALLURA TRIM FASCIA HARDIE TRIM BATTTENS HARDIE PANEL SMOOTH SIERRA PACIFIC WINDOWS ALLURA TRIM FOUNDATION PERIMETER BEAM STAINED WOOD COLUMNS, LATTICE SCREEN & LANAI TOP FINISH GRADE FINISH FLOOR Typical Exterior Materials ROOF RIDGE VENT FINISH GRADE TOP OF SUB-FLOOR TOP OF SUB-FLOOR TOP OF PLATE POOL BARRIER FENCE 48" HIGH SEE SHEET A18 TOP OF ROOF TRUSS TOP OF ROOF TRUSS TOP OF SUB-FLOOR TOP OF PLATE NOTE: 1. SEE CIVIL PLANS FOR FINISH FLOOR ELEVATIONS FOR EACH LOT. 2. SEE SHEET A-10 FOR TOP OF PLATE, TOP OF ROOF, MAXIMUM ALLOWABLE ROOF ELEVATION AND ROOF PITCH. 3. THE PROPOSED EXTERIOR ARCHITECTURAL LIGHTING ADHERES TO THE KUKUI’ULA DARK SKY PHILOSOPHY AS PER SECTION 9 OF THE DESIGN GUIDELINES. INDICATES WALL LIGHT WL WL EXHIBIT 5 1 Side Elevation Sheet No: Scale 1/4" = 1' - 0" 0' 2' 4'8' A-14 Abris Architecture LLC Consulting Architect P.O. BOX 3034 KAILUA-KONA HAWAI’I 96745 TEL. 808-640-1093 PLANNERS ARCHITECTS ▼ Riehm Owen s b y 2 Front Elevation Exterior Elevations NO. AR-7068MICHAELJ.RIE H MHAWAI I U S A LICENSED PROFESSIONAL ARCHITECT★★ License Expiration Date 4/30/24 Main House © 2022, RIEHM OWENSBY TEL. 808-936-8202Kaupili at Kukui’ula Parcel "H" Lot 18 for Meridian Pacific, Ltd. Koloa, Kaua’i, Hawai’i 8.1.22 1'-9"10'-1 1/8"11'-1 1/8"13'-10 7/8"1'-0"26'-8 3/4"1'-9"10'-1 1/8"11'-1 1/8"13'-10 5/8"1'-0"TOP OF ROOF TRUSS 26'-8 3/4"CEDAR SHAKE ROOF ALLURA TRIM ALLURA TRIM FASCIA HARDIE TRIM BATTTENS HARDIE PANEL SMOOTH SIERRA PACIFIC WINDOWS ALLURA TRIM FOUNDATION PERIMETER BEAM STAINED WOOD COLUMNS, LATTICE SCREEN & LANAI Typical Exterior Materials ROOF RIDGE VENT FINISH GRADE TOP OF SUB-FLOOR TOP OF SUB-FLOOR TOP OF PLATE INFINITY EDGE POOL TOP FINISH GRADE FINISH FLOOR 12 12 4 6 POOL BARRIER FENCE 48" HIGH SEE SHEET A18 TOP OF ROOF TRUSS 12 4 12 6 12 4 ROCK WALL 12 6 NOTE: 1. SEE CIVIL PLANS FOR FINISH FLOOR ELEVATIONS FOR EACH LOT. 2. SEE SHEET A-10 FOR TOP OF PLATE, TOP OF ROOF, MAXIMUM ALLOWABLE ROOF ELEVATION AND ROOF PITCH. 3. THE PROPOSED EXTERIOR ARCHITECTURAL LIGHTING ADHERES TO THE KUKUI’ULA DARK SKY PHILOSOPHY AS PER SECTION 9 OF THE DESIGN GUIDELINES. INDICATES WALL LIGHT WL WLWL WL WL WL EXHIBIT 5 1 Side Elevation Sheet No: Scale 1/4" = 1' - 0" 0' 2' 4'8' A-15 Abris Architecture LLC Consulting Architect P.O. BOX 3034 KAILUA-KONA HAWAI’I 96745 TEL. 808-640-1093 PLANNERS ARCHITECTS ▼ Riehm Owen s b y 2 Front Elevation Exterior Elevations NO. AR-7068MICHAELJ.RIE H MHAWAI I U S A LICENSED PROFESSIONAL ARCHITECT★★ License Expiration Date 4/30/24 © 2022, RIEHM OWENSBY TEL. 808-936-8202Kaupili at Kukui’ula Parcel "H" Lot 18 for Meridian Pacific, Ltd. Koloa, Kaua’i, Hawai’i Model C 8.1.22 26'-8 3/4"1'-9"10'-1 1/8"11'-1 1/8"13'-10 5/8"1'-0"26'-8 3/4"1'-9"10'-1 1/8"11'-1 1/8"13'-10 5/8"1'-0"CEDAR SHAKE ROOF INFINITY EDGE POOL ALLURA TRIM FOUNDATION PERIMETER BEAM STAINED WOOD COLUMNS, LATTICE SCREEN & LANAI TOP FINISH GRADE FINISH FLOOR Typical Exterior Materials ROOF RIDGE VENT TOP OF SUB-FLOOR TOP OF PLATE NOTE: 1. SEE CIVIL PLANS FOR FINISH FLOOR ELEVATIONS FOR EACH LOT. 2. SEE SHEET A-10 FOR TOP OF PLATE, TOP OF ROOF, MAXIMUM ALLOWABLE ROOF ELEVATION AND ROOF PITCH. 3. THE PROPOSED EXTERIOR ARCHITECTURAL LIGHTING ADHERES TO THE KUKUI’ULA DARK SKY PHILOSOPHY AS PER SECTION 9 OF THE DESIGN GUIDELINES. INDICATES WALL LIGHT WL TOP OF ROOF TRUSS ALLURA TRIM FASCIA HARDIE TRIM BATTTENS HARDIE PANEL SMOOTH SIERRA PACIFIC WINDOWS ALLURA TRIM WLWL WL EXHIBIT 5 1 Side Elevation Sheet No: Scale 1/4" = 1' - 0" 0' 2' 4'8' A-16 Abris Architecture LLC Consulting Architect P.O. BOX 3034 KAILUA-KONA HAWAI’I 96745 TEL. 808-640-1093 PLANNERS ARCHITECTS ▼ Riehm Owen s b y 2 Front Elevation Exterior Elevations NO. AR-7068MICHAELJ.RIE H MHAWAI I U S A LICENSED PROFESSIONAL ARCHITECT★★ License Expiration Date 4/30/24 © 2022, RIEHM OWENSBY TEL. 808-936-8202Kaupili at Kukui’ula Parcel "H" Lot 18 for Meridian Pacific, Ltd. Koloa, Kaua’i, Hawai’i Model C 8.1.22 26'-8 3/4"1'-9"10'-1 1/8"11'-1 1/8"13'-10 5/8"1'-0"26'-8 3/4"1'-9"10'-1 1/8"11'-1 1/8"13'-10 5/8"1'-0"CEDAR SHAKE ROOF ALLURA TRIM FOUNDATION PERIMETER BEAM STAINED WOOD COLUMNS, LATTICE SCREEN & LANAI TOP FINISH GRADE FINISH FLOOR Typical Exterior Materials ROOF RIDGE VENT TOP OF SUB-FLOOR TOP OF PLATE NOTE: 1. SEE CIVIL PLANS FOR FINISH FLOOR ELEVATIONS FOR EACH LOT. 2. SEE SHEET A-10 FOR TOP OF PLATE, TOP OF ROOF, MAXIMUM ALLOWABLE ROOF ELEVATION AND ROOF PITCH. 3. THE PROPOSED EXTERIOR ARCHITECTURAL LIGHTING ADHERES TO THE KUKUI’ULA DARK SKY PHILOSOPHY AS PER SECTION 9 OF THE DESIGN GUIDELINES. INDICATES WALL LIGHT WL TOP OF ROOF TRUSS ALLURA TRIM FASCIA HARDIE TRIM BATTTENS HARDIE PANEL SMOOTH SIERRA PACIFIC WINDOWS ALLURA TRIM LAVA ROCK WALLS INFINITY EDGE POOL WLWL WL WL WL EXHIBIT 5 1 Side Elevation Sheet No: Scale 1/4" = 1' - 0" 0' 2' 4'8' A-17 Abris Architecture LLC Consulting Architect P.O. BOX 3034 KAILUA-KONA HAWAI’I 96745 TEL. 808-640-1093 PLANNERS ARCHITECTS ▼ Riehm Owen s b y 2 Front Elevation Exterior Elevations NO. AR-7068MICHAELJ.RIE H MHAWAI I U S A LICENSED PROFESSIONAL ARCHITECT★★ License Expiration Date 4/30/24 © 2022, RIEHM OWENSBY TEL. 808-936-8202Kaupili at Kukui’ula Parcel "H" Lot 18 for Meridian Pacific, Ltd. Koloa, Kaua’i, Hawai’i Model D 8.1.22 26'-8 3/4"1'-9"10'-1 1/8"11'-1 1/8"13'-10 5/8"1'-0"26'-8 3/4"1'-9"10'-1 1/8"11'-1 1/8"13'-10 5/8"1'-0"CEDAR SHAKE ROOF INFINITY EDGE POOL ALLURA TRIM ALLURA TRIM FASCIA HARDIE TRIM BATTTENS HARDIE PANEL SMOOTH SIERRA PACIFIC WINDOWS ALLURA TRIM FOUNDATION PERIMETER BEAM STAINED WOOD COLUMNS, LATTICE SCREEN & LANAI Typical Exterior Materials ROOF RIDGE VENT FINISH GRADE TOP OF SUB-FLOOR TOP OF SUB-FLOOR TOP OF PLATE TOP FINISH GRADE FINISH FLOOR WLWL POOL BARRIER FENCE 48" HIGH SEE SHEET A18 EXHIBIT 5 1 Side Elevation Sheet No: Scale 1/4" = 1' - 0" 0' 2' 4'8' A-18 Abris Architecture LLC Consulting Architect P.O. BOX 3034 KAILUA-KONA HAWAI’I 96745 TEL. 808-640-1093 PLANNERS ARCHITECTS ▼ Riehm Owen s b y 2 Front Elevation Exterior Elevations NO. AR-7068MICHAELJ.RIE H MHAWAI I U S A LICENSED PROFESSIONAL ARCHITECT★★ License Expiration Date 4/30/24 © 2022, RIEHM OWENSBY TEL. 808-936-8202Kaupili at Kukui’ula Parcel "H" Lot 18 for Meridian Pacific, Ltd. Koloa, Kaua’i, Hawai’i Model D 8.1.22 26'-8 3/4"1'-9"10'-1 1/8"11'-1 1/8"13'-10 5/8"1'-0"26'-8 3/4"1'-9"10'-1 1/8"11'-1 1/8"13'-10 5/8"1'-0"CEDAR SHAKE ROOF ALLURA TRIM FOUNDATION PERIMETER BEAM STAINED WOOD COLUMNS, LATTICE SCREEN & LANAI TOP FINISH GRADE FINISH FLOOR Typical Exterior Materials ROOF RIDGE VENT TOP OF SUB-FLOOR TOP OF PLATE NOTE: 1. SEE CIVIL PLANS FOR FINISH FLOOR ELEVATIONS FOR EACH LOT. 2. SEE SHEET A-10 FOR TOP OF PLATE, TOP OF ROOF, MAXIMUM ALLOWABLE ROOF ELEVATION AND ROOF PITCH. 3. THE PROPOSED EXTERIOR ARCHITECTURAL LIGHTING ADHERES TO THE KUKUI’ULA DARK SKY PHILOSOPHY AS PER SECTION 9 OF THE DESIGN GUIDELINES. INDICATES WALL LIGHT WL TOP OF ROOF TRUSS ALLURA TRIM FASCIA HARDIE TRIM BATTTENS HARDIE PANEL SMOOTH SIERRA PACIFIC WINDOWS ALLURA TRIM LAVA ROCK WALLS INFINITY EDGE POOL WLWL WL WL WL POOL BARRIER FENCE 48" HIGH SEE SHEET A18 EXHIBIT 5 Sheet No: Scale 1/4" = 1' - 0" 0' 2' 4'8' A-19 Abris Architecture LLC Consulting Architect P.O. BOX 3034 KAILUA-KONA HAWAI’I 96745 TEL. 808-640-1093 PLANNERS ARCHITECTS ▼ Riehm Owen s b y NO. AR-7068MICHAELJ.RIE H MHAWAI I U S A LICENSED PROFESSIONAL ARCHITECT★★ 1 Front Elevation 4 Rear Elevation 2 Side Elevation 5 Side Elevation 3 Section License Expiration Date 4/30/24 Exterior Elevations Garage Main House © 2022, RIEHM OWENSBY TEL. 808-936-8202Kaupili at Kukui’ula Parcel "H" Lot 18 for Meridian Pacific, Ltd. Koloa, Kaua’i, Hawai’i 8.1.22 WLWL WL 14'-11 1/8"9'-0"14'-11 1/8"9'-0"12 4 12 6 CEDAR SHAKE ROOF Typical Exterior Materials ALLURA TRIM FASCIA ALLURA TRIM & BATTTENS HARDIE PANEL SMOOTH SIERRA PACIFIC WINDOWS SLAB ON GRADE FOUNDATION STAINED WOOD GARAGE DOOR FINISH FLOOR TOP OF PLATE TOP OF ROOF FINISH FLOOR TOP OF PLATE TOP OF ROOF NOTE: 1. SEE CIVIL PLANS FOR FINISH FLOOR ELEVATIONS FOR EACH LOT. 2. SEE SHEET A-10 FOR TOP OF PLATE, TOP OF ROOF, MAXIMUM ALLOWABLE ROOF ELEVATION AND ROOF PITCH. 3. THE PROPOSED EXTERIOR ARCHITECTURAL LIGHTING ADHERES TO THE KUKUI’ULA DARK SKY PHILOSOPHY AS PER SECTION 9 OF THE DESIGN GUIDELINES. INDICATES WALL LIGHT WL 12 4 12 6 EXHIBIT 5 1 Building Section Main House B Sheet No:A-20 Abris Architecture LLC Consulting Architect P.O. BOX 3034 KAILUA-KONA HAWAI’I 96745 TEL. 808-640-1093 PLANNERS ARCHITECTS ▼ Riehm Owen s b y 0' 2' 4'8' Scale 1/4" = 1' - 0" NO. AR-7068MICHAELJ.RIE H MHAWAI I U S A LICENSED PROFESSIONAL ARCHITECT★★ License Expiration Date 4/30/24 Building Section Main House A&B © 2022, RIEHM OWENSBY TEL. 808-936-8202 2 Building Section Main House B Kaupili at Kukui’ula Parcel "H" Lot 18 for Meridian Pacific, Ltd. Koloa, Kaua’i, Hawai’i 8.1.22 1'-9"10'-1 1/8"22'-6 3/8"1'-3"66'-0"1'-9"10'-1 1/8"26'-8 3/4"1'-3"66'-0"1'-0"10'-1 1/8"3'-9 1/2"Living Kitchen Utility Bath Outdoor Shower Lanai Stair Bedroom 1 Bedroom 4 SKYLIGHT TOP FINISH GRADE FINISH FLOOR TOP OF PLATE TOP OF TRUSS 129.28 TOP FINISH GRADE BELOW BEAM SKYLIGHT 12 12 4 6 ROOF TRUSSES VAULTED WOOD CEILING POST & PIER FOUNDATION WITH PERIMETER WALL PROPERTY LINE 6' HIGH ROCK WALL AND/OR WOOD FENCE 130.00' MAXIMUM ALLOWABLE ROOF HEIGHT 7.75' HIGH ROCK WALL TOP FINISH GRADE FINISH FLOOR TOP OF PLATE TOP OF TRUSS TOP FINISH GRADE BELOW BEAM ROOF TRUSSES POST & PIER FOUNDATION WITH PERIMETER WALL PROPERTY LINE 6' HIGH ROCK WALL AND/OR WOOD FENCE 130.00' MAXIMUM ALLOWABLE ROOF HEIGHT TG 103.15 FF 104.90 LOT 19-B TG 103.15 12 6 12 4 TOP OF SUB FLOOR TOP OF TRUSS 129.28 CRICKET EXHIBIT 5 Sheet No:A-21 Abris Architecture LLC Consulting Architect P.O. BOX 3034 KAILUA-KONA HAWAI’I 96745 TEL. 808-640-1093 PLANNERS ARCHITECTS ▼ Riehm Owen s b y Building Site Section 0' 4' 8' 16' Scale 1/8" = 1' - 0" NO. AR-7068MICHAELJ.RIE H MHAWAI I U S A LICENSED PROFESSIONAL ARCHITECT★★ License Expiration Date 4/30/24 © 2022, RIEHM OWENSBY TEL. 808-936-8202Kaupili at Kukui’ula Parcel "H" Lot 18 for Meridian Pacific, Ltd. Koloa, Kaua’i, Hawai’i 8.1.22 Lanai Living Dining Kitchen Lanai Deck Pool FINISH FLOOR SEE CIVIL PROPERTY LINEPROPERTY LINE ROCK RETAINING WALL BEYOND SEE CIVIL FOR ELEVATIONS EXISTING GRADE SEE CIVIL Lot 18-C 12 12 4 6 PROPOSED GRADE SEE CIVIL ROCK WALL AT R.O.W. STREET TREES INFINITY EDGE POOL EXHIBIT 5 I I I I I IC IC ICICIC OVERALL LANDSCAPE PLAN SCALE: 1" = 20'-0"1 OVERALL LANDSCAPE PLAN (PARCEL "H" LOT 18) ‘ ” ” ” 2 1 0 30 20 0 10 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180 190200210220 230 240 250 260 270 280 290 300 310 320 330 340 350 N L-1‘0 GRAPHIC SCALE:1" = 20'-0" 10 20 40 1001 bishop street american savings bank tower, suite 650 honolulu, hawai`i 96813-3484 tel: (808)521-5631 Fax: (808)523-1402 web: www.pbrhawaii.com email: sysadmin@pbrhawaii.com REVISIONS: No.DATE INIT. SHEET TITLE:PROJECT NAME:AS SHOWN DRAWING NUMBER: DATE:SCALE: DESIGNED BY: CHECKED BY: DRAWN BY: APPROVED BY: SHEET NUMBER:OF: JOB NUMBER: PBR HAW AII & A S S O C I A T E S , I N C . 3992.01 KWSD SDNS 07-26-2022 Kukui‘ula Parcel "H" For Meridian Pacific, Ltd. Koloa, Kaua‘i, Hawai‘i Lot 18 Preliminary Design Set For Review Purposes Only I I IC LOT 18-C LANDSCAPE PLAN SCALE:1 LOT 18-C LANDSCAPE PLAN (TYPICAL FOR LOTS 18-B THROUGH 18-D) L-4 ‘ ” ” ” 0 GRAPHIC SCALE:1" = 10'-0" 5 10 20 1" = 10'-0" 2 1 0 30 20 0 10 10 20 30 40 50 60 70 80 90 100 110 120 130 140 150 160 170 180 190200210220 230 240 250 260 270 280 290 300 310 320 330 340 350 N 1001 bishop street american savings bank tower, suite 650 honolulu, hawai`i 96813-3484 tel: (808)521-5631 Fax: (808)523-1402 web: www.pbrhawaii.com email: sysadmin@pbrhawaii.com REVISIONS: No.DATE INIT. SHEET TITLE:PROJECT NAME:AS SHOWN DRAWING NUMBER: DATE:SCALE: DESIGNED BY: CHECKED BY: DRAWN BY: APPROVED BY: SHEET NUMBER:OF: JOB NUMBER: PBR HAW AII & A S S O C I A T E S , I N C . 3992.01 KWSD SDNS 07-26-2022 Kukui‘ula Parcel "H" For Meridian Pacific, Ltd. Koloa, Kaua‘i, Hawai‘i Lot 18 Preliminary Design Set For Review Purposes Only MAP SAKI URVEYING AND APPING, INC. C-1.01 TOPOGRAPHIC EXISTING SITE EXHIBIT 5 C-1.02 UTILITY OVERALL PLAN SAKI URVEYING AND APPING, INC. EXHIBIT 5 C-1.03 GRADING OVERALL PLAN SAKI URVEYING AND APPING, INC. EXHIBIT 5 Variance Permit/Class IV Zoning Permit Application Owner: Kukuiula Vistas LLC. EXHIBIT 6 TMK (4) 2-6-22: 54 Koloa, Kauai, Hawaii WRITTEN REQUIREMENTS PROJECT DESCRIPTION The subject property consists of Lot 18 of the “Kukui`ula Parcel H Subdivision”. The “Kukui`ula Parcel H Subdivision” is identified as Subdivision Application No. S-2016-2 that was approved by the County of Kaua`i Planning Commission on January 28, 2021. It should be noted that “Kukui`ula Parcel H Subdivision” is still under construction and the infrastructure improvements have not been completed. Lot 18 contains an area of 87,919 sq. ft. or 2.018 Acres, it is identified by Tax Map Key: (4) 2-6-22:54, and is located at Koloa, Kauai, Hawaii. The proposed project involves the subdivision of Lot 18 into 6 new lots: Lots 18-A through 18-F, inclusive. The proposed development subdivides Lot 18 into a total of five (5) residential lots and one (1) roadway lot. There are no existing dwelling units on the property. No change in use is proposed, the use of the new lots would be residential which is the current zoning of the property. Photographs (labeled and keyed to a general site map) of the project site, and the surrounding area are included in Exhibit 9. SUMMARY OF PERMITS The following permits will be required for the proposed subdivision: - Variance Permit. A variance permit is being requested pursuant to Section 8-3.3 of the Kauai County Comprehensive Zoning Ordinance (CZO) to allow the owners to vary from limitations of lot length. In particular, Lots 18-B and 18-C, do not meet the Lot Length outlined under the Development Standards for Residential Structures which involve the subdivision of Land, Section 8-4.4(a)(3) of the CZO. The aforementioned lots have an average length that is greater than three (3) times its average width which does not meet CZO standards. - Class IV Zoning Permit. A Class IV Zoning Permit is required for development on a Parcel in the Residential District for which a Class I, II, or III permit would otherwise be obtainable except that a variance permit is required. See CZO Section 8-4.7. POLICIES AND OBJECTIVES OF THE GENERAL PLAN The property is designated by the County General Plan in the Residential Community classification. According to the Kauai General Plan (November 2000), “Lands included within the Residential Community designation shall be used predominantly for low- to high-density housing in towns and other residential areas. Density shall be one to 20 units per acre. Residential Community areas may also be used for commercial and industrial businesses, government facilities, and institutions.” It is classified by the State Land Use Commission (SLUC) in the Urban District. This district generally includes lands characterized by “city-like” concentrations of people, structures, and services. Jurisdiction for this district lies primarily with the respective county. Variance Permit/Class IV Zoning Permit Application Owner: Kukuiula Vistas LLC. EXHIBIT 6 TMK (4) 2-6-22: 54 Koloa, Kauai, Hawaii WRITTEN REQUIREMENTS The zoning per the CZO district is Residential (R-4). The Residential District regulates the number of people living in a given area by specifying the maximum allowable number of dwelling units that may be developed on any given parcel of land. The use of the Property is compatible with the County General Plan, the SLUC, and CZO. It is also compatible with the surrounding uses. LAND USE HISTORY One State Land Use District boundary amendments was found using the Land Use Commission (LUC) ArcGIS map application for finding LUC dockets. The Boundary amendment known as State Land Use Docket No. A93-696, where the land use district boundary for approximately 822.142 acres of land were changed from agricultural district to the urban district. A copy of the 2021 Annual report to the State Land use Commission for Docket No. A93-696 is attached as Exhibit 7. The County’s Lawai Bay-Kukuiula Zoning Map shows several zoning amendments in the vicinity of the property. ANALYSIS OF SECONDARY IMPACTS In general, new developments have a tendency to increase home and property values in the long term. There would a temporary increase to employment during the construction phase of the development. Population and the need for public services and facilities would increase with the development. Some basic infrastructure has been built with more under construction by both Kukui`ula Development and by the County of Kaua`i (wastewater treatment plant, new roadways, police and fire protection services, drainage systems, water improvements, etc.). The use is compatible with the surrounding uses. Variance Permit/Class IV Zoning Permit Application Owner: Kukuiula Vistas LLC. EXHIBIT 6 TMK (4) 2-6-22: 54 Koloa, Kauai, Hawaii WRITTEN REQUIREMENTS WATER SOURCE, SUPPLY, AND DISTRIBUTION SYSTEM ANALYSIS The proposed lots will receive domestic water service from the Department of Water (DOW), County of Kaua`i. Water service will not be available until the necessary water system facilities for the proposed subdivision are completed and accepted by DOW. The property will receive water service from the Department of Water of the County of Kauai public water system, it’s located within its Koloa-Poipu service area. The Koloa-Poipu service area is part of the Kalaheo Koloa water system. According to the Kauai’s Department of Water “Water Plan 2020”, the Koloa-Poipu service area consists of a concentration of resorts along the coast, with residential communities clustered near the coast and around Koloa Town. Poipu is Kauai`s fastest-growing resort destination, and the service area includes several projects yet to be constructed. The water supply for the Koloa-Poipu service area comes from the following sources: Koloa Wells 16-A and 16-B; Koloa Wells C, D, E, and F. All of the water is chlorinated and pumped into the distribution system or stored in the following tanks in the Koloa-Poipu Area: Koloa Tank (1,000,000 gallon tank), Koloa-Pa`anau Tank (250,000 gallon tanks), Poipu Tank (1,500,000-gallon tanks @ 2 each), Pa`anau No. 2 Tank (500,000 gallon tank), and Oma`o Tank (500,000-gallon tank). SEWAGE DISPOSAL ANALYSIS The proposed lots outside the County’s sewer service area. Wastewater services (collection only) is currently provided by Kukui`ula South Shore Community Services (KSSCS). Wastewater from the KSSCS is discharged into the Poipu Water Reclamation Facility which is owned by HOH Utilities. Hawaii Water Service has signed an agreement to acquire the assets of KSSCS, it is also in the process of acquiring the Poipu Water Reclamation Facility. SOLID WASTE DISPOSAL ANALYSIS The proposed method of solid waste disposal will be the same as the surrounding areas. Solid waste collection services provided by a private contractor. Kukui`ula Development Company has provisions for construction debris disposal, green waste disposal, and recycling in order to reduce the flow of waste material to County facilities. EXHIBIT 7 EXHIBIT 7 EXHIBIT 7 EXHIBIT 7 EXHIBIT 7 EXHIBIT 7 EXHIBIT 7 EXHIBIT 7 EXHIBIT 7 EXHIBIT 7 EXHIBIT 7 EXHIBIT 7 EXHIBIT 7 EXHIBIT 7 EXHIBIT 7 EXHIBIT 7 EXHIBIT 7 EXHIBIT 7 EXHIBIT 7 Variance Permit/Class IV Zoning Permit Application Owner: Kukuiula Vistas LLC. EXHIBIT 8 TMK (4) 2-6-22: 54 Koloa, Kauai, Hawaii PROJECT DESCRIPTION/PETITION PROJECT DESCRIPTION The subject project involves the subdivision of Lot 18 of the “Kukui`ula Parcel H Subdivision” into 6 lots: Lots 18-A through 18-F, inclusive. The proposed development subdivides Lot 18 into a total of five (5) residential lots and one (1) roadway lot. There are no existing dwelling units on the property. Photographs (labeled and keyed to a general site map) of the project site, and the surrounding area are included in Exhibit 9. Lots 18-B and 18-C do not meet the Lot Length to Lot Width ratio outlined under the Development Standards for Residential Structures which involve the subdivision of Land, Section 8-4.4(a)(3)(A) of the Kauai County Comprehensive Zoning Ordinance (CZO). The average lengths of Lots 18-B and 18-C are greater than three (3) times their average width which does not meet current CZO standards. Due to the topography of the Lot, the strict application of the regulations would greatly reduce the number of lots without requiring further deviations from the CZO standards (deviations such as minimum Lot Width). Additionally, the variance request would not adversely impact the surrounding neighborhood. Average Lot Length and average Lot width calculations for Lots 18-A through 18-E, inclusive, are included on the following page. Each lot was divided into 10 equal parts from front to back, and a total of 11 width measurement were taken for each lot. The 11 width measurements for each lot were added up and divided by 11. The direction followed in measuring the lot width is the same direction of the roadway lot. The average lot length was obtained by dividing each total lot area by its average lot width. Values that do not conform to CZO standards are shown in red. Variance Permit/Class IV Zoning Permit Application Owner: Kukuiula Vistas LLC. EXHIBIT 8 TMK (4) 2-6-22: 54 Koloa, Kauai, Hawaii PROJECT DESCRIPTION/PETITION CALCULATIONS LOT 18-A LOT 18-B LOT 18-C LOT 18-D LOT 18-E w1 0.00 15.33 63.50 63.50 0.00 w2 42.53 63.50 63.50 63.50 46.22 w3 97.79 63.50 63.50 63.50 97.03 w4 154.21 63.50 63.50 63.50 111.75 w5 106.91 63.50 63.50 63.50 126.05 w6 100.36 123.67 63.50 63.50 135.25 w7 93.81 89.77 63.50 63.50 133.02 w8 87.26 75.96 63.50 122.58 116.91 w9 80.71 64.79 63.50 98.72 97.98 w10 74.16 50.33 53.93 67.39 79.05 w11 67.61 0.00 0.00 0.00 59.61 𝑤̅=∑(𝑤1 +𝑤2 +⋯+𝑤𝑛) 𝑛 82.30 61.26 56.86 66.65 91.17 LOT 18-A LOT 18-B LOT 18-C LOT 18-D LOT 18-E Area (Sq. Ft.) 16,852 21,132 11,795 11,494 13,796 𝐿̅=𝐴𝑟ⅇ𝑎 𝑤̅ 204.75 344.96 207.45 172.44 151.32 𝐿̅ 𝑤̅ 2.49 5.63 3.65 2.59 1.66 Variance Permit/Class IV Zoning Permit Application Owner: Kukuiula Vistas LLC. EXHIBIT 8 TMK (4) 2-6-22: 54 Koloa, Kauai, Hawaii PROJECT DESCRIPTION/PETITION JUSTIFICATION FOR VARIANCE Variance Permit criteria established through Section 8-3.3(b) of the Kauai County Code (1987): - Size. Lot 18 contains an area of 87,919 sq. ft. or 2.018 Acres and is proposed to be subdivided into six (6) lots: Lot 18-A containing 16,852 sq. ft. or 0.387 Acre, Lot 18-B containing 21,132 sq. ft. or 0.485 Acre, Lot 18-C containing 11,795 sq. ft. or 0.271 Acre, Lot 18-D containing 11,494 sq. ft. or 0.264 Acre, Lot 18-E containing 13,796 sq. ft. or 0.317 Acre, Lot 18-F containing 12,852 sq. ft. or 0.295 Acre. The Owners wish to create total of five (5) residential lots and one (1) roadway lot. The minimum average lot area is more than the six thousand (6,000) sq. ft. that is required. The smallest lot (Lot 18-D) contains 11,494 sq. ft. which above the four thousand (4,000) sq. ft. minimum. None of the lots are less than six thousand (6,000), which is in accordance with the twenty percent (20%) maximum for the number of lots in a proposed subdivision that are allowed to be less than six thousand (6,000) sq. ft. The average width of the lots, excluding the roadway lot, is 71.7 ft. which is greater than the sixty (60) feet minimum. None of the lots are less than forty-five (45) feet in width nor are any of the lots “flag” lots. Lots 18-B and 18-C do not meet the Lot Length outlined under the Development Standards for Residential Structures which involve the subdivision of Land, Section 8-4.4(a)(3) of the Kauai County Comprehensive Zoning Ordinance (CZO). The average length of these lots is greater than three (3) times their average width. The average length to average width ratio for Lot 18-B is 5.63:1 and for Lot 18-C the average length to average width ratio is 3.65. A variance permit is being requested to allow Lots 18-B and 18-C to deviate from the required 3:1 average length to width ratio. - Shape. Lot 18 is an irregular shaped parcel; the sides and interior angles are not all the same. - Topography. Lots 18-B and 18-C have a slope at the back of the lot that limits the land available for development. - Location. Lot 18 is a part of the “Kukui`ula Parcel H” subdivision, and is located in the Ahupuaa of Koloa. Further identified by tax map key (4) 2-6-22: 54. The parcel abuts Ala Kukui`ula on the North, Kahela Street on the East, and Pua Kahela Way on the South. - Surroundings. Lot 18 is located in a residential area and is surrounded by residential zoned lands. Surroundings have no adverse impact on the development of the site. Variance Permit/Class IV Zoning Permit Application Owner: Kukuiula Vistas LLC. EXHIBIT 9 TMK (4) 2-6-22: 54 Koloa, Kauai, Hawaii PHOTOS PHOTO #1 View of project site from Kahela Place. PHOTO #2 View of project site from Kahela Place. Variance Permit/Class IV Zoning Permit Application Owner: Kukuiula Vistas LLC. EXHIBIT 9 TMK (4) 2-6-22: 54 Koloa, Kauai, Hawaii PHOTOS PHOTO #3 View of project site from Kahela Place. PHOTO #4 View of project site from south. Variance Permit/Class IV Zoning Permit Application Owner: Kukuiula Vistas LLC. EXHIBIT 9 TMK (4) 2-6-22: 54 Koloa, Kauai, Hawaii PHOTOS PHOTO #5 View of project site from south. PHOTO #6 View of project site from west boundary. Variance Permit/Class IV Zoning Permit Application Owner: Kukuiula Vistas LLC. EXHIBIT 9 TMK (4) 2-6-22: 54 Koloa, Kauai, Hawaii PHOTOS PHOTO #7 View of project site from across Ala Kukui`ula. PHOTO #8 View of project site from across Ala Kukui`ula. Variance Permit/Class IV Zoning Permit Application Owner: Kukuiula Vistas LLC. EXHIBIT 9 TMK (4) 2-6-22: 54 Koloa, Kauai, Hawaii PHOTOS PHOTO #9 View towards project site from Ala Kukui`ula and Kahela Place intersection. PHOTO #10 View towards Ala Kukui`ula from project site. Variance Permit/Class IV Zoning Permit Application Owner: Kukuiula Vistas LLC. EXHIBIT 9 TMK (4) 2-6-22: 54 Koloa, Kauai, Hawaii PHOTOS PHOTO #11 View towards Kahela Place from project site. PHOTO #12 View towards Pua Kahela Way from project site. Variance Permit/Class IV Zoning Permit Application Owner: Kukuiula Vistas LLC. EXHIBIT 9 TMK (4) 2-6-22: 54 Koloa, Kauai, Hawaii PHOTOS PHOTO #13 View of west boundary from project site. PHOTO #14 View towards Ala Kukui`ula from project site. Variance Permit/Class IV Zoning Permit Application Owner: Kukuiula Vistas LLC. EXHIBIT 9 TMK (4) 2-6-22: 54 Koloa, Kauai, Hawaii PHOTOS PHOTO #15 View of Kahela Place from project site. PHOTO #16 View towards Pua Kahela Way from project site. Variance Permit/Class IV Zoning Permit Application Owner: Kukuiula Vistas LLC. EXHIBIT 9 TMK (4) 2-6-22: 54 Koloa, Kauai, Hawaii PHOTOS PHOTO #17 View of west boundary from project site. G.2.d.1. October 25, 2022 G.2.e.October 25, 2022 G.2.e.1. October 25, 2022 L.1.a. October 25, 2022