A17-802 County of Kauaʻi Housing Agency Lima Ola-201H
Status
On December 7, 2016, the Commission received Petitioner’s Notice of Intent to File a District Boundary Amendment Petition to Amend the Agricultural Land Use District Boundaries into the Urban Land Use District for Certain Lands Situated at `Ele` ele, Kaua`i, Hawai`i, consisting of approximately 75 acres. Tax Map Key (4) 2-1-001:054
The Commission granted the Petition in July, 2017. Findings of Fact, Conclusions of Law, Decision and Order (7/24/2017)
Decisions and Orders
Findings of Fact, Conclusions of Law, Decision and Order (7/24/2017)
Pre-Application Order and COS (5/1/17)
Declaratory Ruling for Lima Ola – 201H Project (DR16-58 County of Kaua`i 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
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 7/24/2017
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
- ” 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)
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 (6/5/17)
- Petitioner County of Kauai Housing Agency” Response to Intervenor Jean Nishida Souza’s Statement of Position, COS(6/2/17)
- Petitioner County of Kauai Housing Agency” Response to OP’s Statement of Position, COS (6/2/17)
- Petitioner Rebuttal Exhibit List (6/2/17)
- ” 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
- AFFIDAVIT OF DAVID J. MINKIN ATTESTING TO SERVICE OF PETITIONER’S NOTICE OF HEARING; EXHIBITS “A”-“D”, COS (5/31/17)
- 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) 5/4/17
- 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) (1/31/17)
- Petitioner’s Affidavits of Publication for: (1/23/17)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 (1/18/17)
- Affidavit of James K. Mee Attesting to Publication of Notice of Hearing; Exhibits “A”; COS (1/9/17)
- Affidavit of James K. Mee Attesting to Service of Petitioner’s Notice of Hearing; Exhibits “A”-“D”; COS (1/9/17)
- Notice of Intent to File a District Boundary Amendment Petition (12/7/16)
- Affidavit of James K. Mee Attesting to Publication of Notice of Intent to File a District Boundary Amendment Petition, Exhibit “A” (12/7/16)
- Affidavit of James K. Mee Attesting to Service of Notice of Intent to File a District Boundary Amendment Petition, Exhibit “A” and “B”” (12/7/16)
- 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 (4/13/17):
- 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 (5/12/17) (5/15/17- updated)
OP’s Statement of No Objection to Jean Nishida Souza’s Petition to Intervene (1/11/17)
OP’s Statement of Position, COS (5/19/17)
OP’s List of Witnesses; List of Exhibits; Exhibits 1-13; COS (5/26/17) * 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
County of Kaua`i Planning Department’s Written Closing Argument Docket No. A17-802 (7/19/2017)
County of Kaua`i Planning Department’s Witness List and Exhibit List; Exhibits 1 and 2, COS (5/18/17)
County of Kaua`i Planning Department’s Position Statement, COS (5/18/17)
Petition to Intervene (12/22/16)
Souza Response to OP and Kaua`i County on Intervention (1/19/2017)
Intervenor Jean Nishida Souzas Statement of Position; COS (5/18/17)
Intervenor Souza Witness List (5/25/17)
Intervenor Souza Exhibit List (5/25/17)
Intervenor Souza’s Written Testimony (Intervenor Souza Exhibit 2) (5/25/17)
Intervenor Exhibit 1 (PowerPoint Presentation) (5/25/17)
Intervenor Souza’s Errata Corrections to Written Testimony; COS (6/2/17)
Intervenor Souza’s Proposed Findings of Fact (7/17/17)
E-mail Testimony from Sabra Kauka dated July 7, 2017
Written Testimony Submitted at LUC July 7, 2017 meeting on Kaua`i
Written Testimony Submitted at LUC June 28-29, 2017 meeting on Kaua`i
Testimony from Juan Wilson (6/27/17- received via email)
Testimony of State Senator Ronald D. Kouchi (6/27/17- received via email)
Testimony of Kauai Councilmember Joann A. Yukimura (6/26/17-received via email)
Testimony of Ann Walton (6/28/2017 received by e-mail)
Department of Health Correspondence re: Lima Ola Project (1/13/17- rcvd via email)