Land Use Commission

Decisions and Orders

Findings of Fact, Conclusions of Law, Decision and Order (7/24/2017)

Pre-Application Order and COS (5/1/17)

Order Accepting Oral Stipulation to Admit Jean Nishida-Souza as an Intervenor in the District Boundary Amendment Proceeding; COS (1/24/17)

Declaratory Ruling for Lima Ola – 201H Project (DR16-58 County of Kauaʻi Housing Agency)

Agenda & Minutes

January 18-19, 2017: Amended Agenda  |  Minutes 01/19/17
June 14, 2017 (Site Visit): Agenda  |  Minutes
June 28-29, 2017: Agenda  |  Minutes 06/28/17  |  Minutes 06/29/17
July 19-20, 2017: Agenda  |  Minutes 07/19/17
July 26, 2017: Agenda, Minutes

County of Kauaʻi Housing Agency

On September 8, 2017, the Commission received a recorded copy of the Declaration of Conditions Imposed by Land Use Commission.

On July 28, 2017, the Commission received Notice of Imposition of Conditions for Decision and Order dated 07/24/2017

On June 13, 2017, the Commission received:

Petition for Land Use District Boundary Amendment, Verification of Petition, Affidavit of David J. Minkin Attesting to Service of Petition; Affidavit of David J. Minkin Attesting to mailing of Notification of Petition Filing, Exhibit A, COS

Affidavits of Publication of Notice of Hearing (1) The Garden Island; (2) The Honolulu Star-Advertiser; (3) Hawaii Tribune-Herald; (4) West Hawaii Today; and (5) The Maui News; COS

Petitioner’s Clarification as to its Exhibits “1”-“25”; Rebuttal Exhibits “26”-“32; and Exhibits “33”-“50” in Support of County of Kauai Housing Agency’s Petition for Land Use District Boundary Amendment; COS

Petitioner’s Exhibits “1”-“25”

• Exhibit 1 Warranty Deed with Restrictions and Covenants
• Exhibit 2A License Agreement dated 2-26-2010 by and between the County of Kauai, as Licensor therein, and McBryde Sugar Company Ltd as Licensee therein
• Exhibit 2B Consent of Sublicense
• Exhibit 3 Final Environmental Assessment and Finding of No Significant Impact
• Exhibit 4 Lima Ola 201H Application
• Exhibit 5 Kauai County Council Resolution No. 2016-53 and Amendment
• Exhibit 6 Status Report issued by Title Guaranty of Hawaii, Inc.
• Exhibit 7A Amended Notice of Petition Filing
• Exhibit 7B Notice of Intent to File a Land Use District Boundary Amendment Petition
• Exhibit 7C Affidavit of Service of Notice of Intent to File a Land Use District Boundary Amendment Petition
• Exhibit 7D Affidavit of Publication of Notice of Intent to File a Land Use District Boundary Amendment Petition
• Exhibit 8 Amended Proposed Findings of Fact, Conclusions of Law and Decision and Order
• Exhibit 9 Affidavit of Kanani Fu Attesting Petitioner Met with Interested Community Groups
• Exhibit 10 Certification of COK  Housing Agency
• Exhibit 11A Tax Map (corrected)
• Exhibit 11B Property Description
• Exhibit 11C Amended Preliminary Zoning Map (corrected)
• Exhibit 12 Grant of Petition for a Declaratory Order, dated 2-8-2017
• Exhibit 13A Lima Ola Workforce Housing Development Master Plan
• Exhibit 13B Lima Ola Workforce Housing Development Master Plan Update
• Exhibit 14 Hawaii Housing Planning Study 2016
• Exhibit 15A Letter from Department of Education
• Exhibit 15B Letters from DOE Principals
• Exhibit 16 Kauai Parks and Recreation Master Plan (2013)
• Part 1 – Chapters 1 – 4   Part 2  Chapters 5-6  Part 3 Chapters 7-8   Part 4 Chapter 9  Part 5 Chapter 10   Part 6 Appendix A-B   Part 7 Appendix C-D  Part 8 Appendix E   Part 9 Appendix F-G-H
• Exhibit 17 Letter from County Department of Public Works dated 6-30-16
• Exhibit 17A Letter from County Department of Public Works to Kanani Fu, dated 5-26-17
• Exhibit 18 Waste Master Plan for Lima Ola Workforce Housing Development (September 2015)
• Exhibit 19 Letter from County Department of Water, dated June 3, 2016
• Exhibit 20 Letter from Kauai Emergency Management Agency dated 5-8-2017
• Exhibit 21 County of Kauai Important Agricultural Lands Study (August 2015)
• Exhibit 22 County of Kauai General Plan (2000) (corrected)
• Exhibit 23 Draft County of Kauai General Plan (Departmental Draft January 2017)
• Exhibit 24 Hanapepe-Eleele Community Development Plan (December 1974)
• Exhibit 25 Additional Comments
• Exhibit 25A Letter from Kauai Coffee Company dated 5-5-2017

• • ” Rebuttal Exhibits “26”-“32” In Support of Petitioner County of Kauai Housing Agency’s Petition For Land Use District Boundary Amendment , COS (6/2/17)
    • Exhibit 26 Braswell Rebuttal Testimony
    • Exhibit 27 Murayama Rebuttal Testimony
    • Exhibit 28 HDOT  Comment Response
    • Exhibit 29 Action to Approve Lima Ola MOA
    • Exhibit 30 Market Study – Economic Analysis
    • Exhibit 31 Holliday Written Direct Testimony
    • Exhibit 32 Holliday Resume
  • Exhibits 33-50
    • Exhibit 33 SHPD letter
    • Exhibit 34 Ordinance 860
    • Exhibit 35 Marie Williams Resume
    • Exhibit 36 Marie Williams Testimony
    • Exhibit 37 Michael Dahilig Resume
    • Exhibit 38 Michael Dahilig Testimony
    • Exhibit 39 Jeff Melrose Resume
    • Exhibit 40 Jeff Melrose Testimony
    • Exhibit 41 Anson Murayama Resume
    • Exhibit 42 Anson Murayama Testimony
    • Exhibit 43 Gary Mackler Resume
    • Exhibit 44 Gary Mackler Testimony
    • Exhibit 45 Cathleen Dagher Resume
    • Exhibit 46 Cathleen Dagher Testimony
    • Exhibit 47 Max Solmssen Resume
    • Exhibit 48 Max Solmssen Testimony
    • Exhibit 49 Travis Braswell Resume
    • Exhibit 50 Travis Braswell Testimony

Petitioner’s Witness List (draft)

• Written Direct Testimony
• Exhibit 1 Marie Williams Resume
• Exhibit 2 Marie Williams Testimony
• Exhibit 3 Michael Dahilig Resume
• Exhibit 4 Michael Dahilig Testimony
• Exhibit 5 Jeff Melrose Resume
• Exhibit 6 Jeff Melrose Testimony
• Exhibit 7 Anson Murayama Resume
• Exhibit 8 Anson Murayama Testimony
• Exhibit 9 Gary Mackler Resume
• Exhibit 10 Gary Mackler Testimony
• Exhibit 11 Cathleen Dagher Resume
• Exhibit 12 Cathleen Dagher Testimony
• Exhibit 13 Max Solmssen Resume
• Exhibit 14 Max Solmssen Testimony
• Exhibit 15 Travis Braswell Resume
• Exhibit 16 Travis Braswell Testimony

• Affidavit of Kanani Fu Attesting to Publication of Notice of Hearing, Exhibit A, COS (06/05/17)
• Petitioner County of Kauai Housing Agency” Response to Intervenor Jean Nishida Souza’s Statement of Position, COS (06/02/17)
• Petitioner County of Kauai Housing Agency” Response to OP’s Statement of Position, COS (06/02/17)
• Petitioner Rebuttal Exhibit List (06/02/17)
• ” Rebuttal Exhibits “26”-“32” In Support of Petitioner County of Kauai Housing Agency’s Petition for Land Use District Boundary Amendment, COS (06/02/17)
  • Exhibit 26 Braswell Rebuttal Testimony
  • Exhibit 27 Murayama Rebuttal Testimony
  • Exhibit 28 HDOT  Comment Response
  • Exhibit 29 Action to Approve Lima Ola MOA
  • Exhibit 30 Market Study – Economic Analysis
  • Exhibit 31 Holliday Written Direct Testimony
  • Exhibit 32 Holliday Resume
• AFFIDAVIT OF DAVID J. MINKIN ATTESTING TO SERVICE OF PETITIONER’S NOTICE OF HEARING; EXHIBITS “A”-“D”, COS (05/31/17)
• AFFIDAVIT OF PUBLICATION (The Garden Island); AFFIDAVIT OF PUBLICATION (The Honolulu Star-Advertiser), AFFIDAVIT OF PUBLICATION (West Hawaii Today), AFFIDAVIT OF PUBLICATION (Hawaii Tribune-Herald),  AFFIDAVIT OF PUBLICATION (The Maui News) (05/04/17)
• Correspondence from Petitioner certifying that the proposed project has been reviewed and accepted as an eligible affordable housing project (5/15/17)
• Notice of Withdrawal and Substitution of Counsel from James Mee- Ashford and Wriston (4/26/17)
• A17-802 Affidavit of Publication of Notice of Hearing (The Maui News) (01/31/17)
• Petitioner’s Affidavits of Publication for: (01/23/17)Garden Island, Honolulu Star-Advertiser,  West Hawaii Today, Hawaii Tribune Herald; COS
• AFFIDAVIT OF PUBLICATION (The Garden Island); AFFIDAVIT OF PUBLICATION (The Honolulu Star-Advertiser); COS (01/18/17)
• Affidavit of James K. Mee Attesting to Publication of Notice of Hearing; Exhibits “A”; COS (01/09/17)
• Affidavit of James K. Mee Attesting to Service of Petitioner’s Notice of Hearing; Exhibits “A”-“D”; COS (01/09/17)
• Notice of Intent to File a District Boundary Amendment Petition (12/07/16)
• Affidavit of James K. Mee Attesting to Publication of Notice of Intent to File a District Boundary Amendment Petition, Exhibit “A” (12/07/16)
• Affidavit of James K. Mee Attesting to Service of Notice of Intent to File a District Boundary Amendment Petition, Exhibit “A” and “B”” (12/07/16)
• County of Kauai Housing Agency’s Opposition to Jean Nishida Souza’s Petition to Intervene file 12/22/16, COS (12/29/16)

County of Kauai Housing Agency (04/13/17):

• Notice of Intent to File a Land Use District Boundary Amendment Petition
• Affidavit of Kanani Fu Attesting to Service of Notice of Intent to File a Land Use District Boundary Amendment Petition, Exhibits “A” and “B”
• Affidavit of Kanani Fu Attesting to Publication of Notice of Intent to File a Land Use District Boundary Amendment Petition, Exhibits “A”

*Pre- Application Draft (05/12/17) (05/15/17- updated)

OP’s Statement of No Objection to Jean Nishida Souza’s Petition to Intervene (01/11/17)

OP’s Statement of Position, COS (05/19/17)

OP’s List of Witnesses; List of Exhibits; Exhibits 1-13; COS (05/26/17) * Click this link to access exhibits noted below

Exhibit 1     OP Statement of Position
Exhibit 2     OP Testimony in Support of Petition with Conditions
Exhibit 3     Map, Petition Location and Regional Overview of State Land Use Districts
Exhibit 4     Dept. of Agriculture letter to OP-Leo Asuncion dated 05/11/17
Exhibit 5     Commission on Water Resource Management (CWRM) letter to OP-Leo Asuncion, 01/27/17
Exhibit 6     Dept. of Transportation (HDOT) letter to OP-Leo Asuncion, dated 04/13/17
Exhibit 7      Dept. of Transportation (HDOT) letter to OP-Leo Asuncion, dated 03/17/17
Exhibit 8      Dept. of Education (DOE) letter to OP-Leo Asuncion, dated 01/19/17
Exhibit 9      Commission on Water Resource Management (CWRM) letter to OP-Leo Asuncion, 05/23/17
Exhibit 10    Dept. of Land and Natural Resources (DLNR) Engineering Division letter to OP-Leo Asuncion, dated 01/20/17
Exhibit 11     Hawaii Emergency Management (HI-EMA) letter to OP-Leo Asuncion, dated 11/28/16
Exhibit 12     Hawaii Housing and Finance Development Corporation (HHFDC) letter to OP-Leo Asuncion, dated 01/30/17
Exhibit 13     Resume of OP Director, Leo R. Asuncion

OP Amended Testimony In Support of Petition with Conditions; Amended List of Exhibits, Exhibits 14-17 (6/23/17)

County of Kauaʻi Planning Department’s Written Closing Argument Docket No. A17-802 (07/19/2017)

County of Kauaʻi Planning Department’s Witness List and Exhibit List; Exhibits 1 and 2, COS (05/18/17)

County of Kauaʻi Planning Department’s Position Statement, COS (05/18/17)

A17-802 County of Kauaʻi Joinder to County of Kauai Housing Agency Opposition to Jean Nishida Souza’s Petition to Intervene (01/06/17)

Petition to Intervene (12/22/16)

Souza Response to OP and Kauaʻi County on Intervention (01/19/2017)

Intervenor Jean Nishida Souzas Statement of Position; COS (05/18/17)

Intervenor Souza Witness List (05/25/17)

Intervenor Souza Exhibit List (05/25/17)

Intervenor Souza’s Written Testimony (Intervenor Souza Exhibit 2) (05/25/17)

Intervenor Exhibit 1 (PowerPoint Presentation) (05/25/17)

Intervenor Souza’s Errata Corrections to Written Testimony; COS (06/02/17)

Intervenor Souza’s Amended Exhibit List, Exhibits 1, 1A-C, 3, 4-10 submitted JUL 7 2017 at LUCT mtg view (07/07 /17)

Intervenor Souza’s Proposed Findings of Fact (07/17/17)

E-mail Testimony from Sabra Kauka dated July 7, 2017

Written Testimony Submitted at LUC July 7, 2017 meeting on Kauaʻi

Written Testimony Submitted at LUC June 28-29, 2017 meeting on Kauaʻi

Testimony from Juan Wilson (06/27/17- received via email)

Testimony of State Senator Ronald D. Kouchi (06/27/17- received via email)

Testimony of Kauai Councilmember Joann A. Yukimura (06/26/17-received via email)

Testimony of Ann Walton (06/28/2017 received by e-mail)

Department of Health Correspondence re: Lima Ola Project (01/13/17- rcvd via email)

Pre-hearing Meeting Notice (for January 19, 2017) sent to Parties (01/05/17)

LUC deemed complete letter (06/13/17)

Advisory Letter to Parties re: July 19, 2017 Meeting sent via email and regular mail (07/14/17)

In accordance with the LUC Decision and Order (7/24/2017) Condition No. 22: The Petitioner shall provide annual reports to the Land Use Commission.

2018 Annual Report (07/26/18)

2019 Annual Report (09/06/19)

2020 Annual Report (08/24/20)

2021 Annual Report (08/18/21)

2022 Annual Report (09/19/22)

2023 Annual Report (08/28/23)

2024 Annual Report (09/18/24)