OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Kauai Planning Commission Meeting Summary - November 10, 2025

County Council & CommitteesMonday, November 10, 2025
BodyKauai County, Hawaii
SessionCounty Council & Committees
DateMonday, November 10, 2025
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
0:00

Five and I'd like to call to to order the subdivision committee meeting of the planning commission.

0:06

Morning, Chair, members of the commission, first order of business roll call.

0:10

Commissioner Strayford.

0:11

Here.

0:12

Commissioner Nales.

0:13

Here.

0:14

Cherical.

0:15

Here.

0:16

You have a quorum, Mr.

0:17

Chair.

0:18

Next, we'll have the approval of the agenda.

0:20

The department doesn't have any recommended changes to the agenda.

0:23

I move to approve the agenda.

0:26

Is there a second?

0:31

All those in favor for the approval of the agenda say aye.

0:34

Aye.

0:35

All those opposed.

0:36

The agenda is approved.

0:40

We have no minutes.

0:41

We have no additional receipt of items for the record.

0:43

Um last minute comments were received from public works for one of the agenda items forthcoming onto unfinished business preliminary subdivision map approval subdivision application number S-2025-1.

0:54

Suyuka store expansion project SMK Inc.

0:57

proposed 11 lot consolidation into one lot.

0:59

TMK's 2-8-008-020-022 through 029-0340 located in Kolo Kuwait.

1:07

I don't have anybody signed up to testify on this agenda item.

1:10

Are there any members of the public that would like to testify on this agenda item?

1:15

Seeing none and recognizing the business we have today.

1:18

Um the department is ultimately recommending requesting a deferral on this to further work for the applicant to further work with public works engineering.

1:25

So the department is asked for a deferral, quite honestly, because they'll be coming back with um responses to public works requirements.

1:31

But if you guys have any questions about it, how long uh how long of uh uh deferral?

1:38

Uh Kenny of a recommendation.

1:41

So we recently received um after writing this supplement report.

1:44

We received um updated comments from the Department of Public Works Engineering Division.

1:50

Um we will be scheduling this subdivision application on the December 9th planning commission meeting for uh preliminary subdivision approval.

2:05

Thank you.

2:07

Kenny, if I can ask a question.

2:09

Um there is a uh there's a page four of the application under C it says that they're looking at a roundabout by at Koloa Road and Poipu Road.

2:32

I believe that's not the intersection that they're looking at in terms of the roundabout because that Koloa Road and Poipu Road would be where the uh gas station is.

2:44

I think right.

2:47

Um yes, that's correct.

2:48

So I think the future improvements um road will be for a roundabout at uh route intersection as well as um the color road and maluillo road intersection.

3:04

So there's two two roundabouts actually three.

3:08

There's gonna be another one in Poipu actually.

3:11

Okay, great.

3:12

But that that could be reflected in here because this doesn't make any sense that that would help and that this particular one at Poipu and Koloa Koloa Road would actually help the uh getting into Suecas.

3:25

Okay, we'll do it.

3:27

We'll work with the applicant.

3:28

Thank you.

3:31

Okay, do you have anybody from the applicant that would like to add to this discussion right here?

3:43

Good morning, Madame Annie Slender from Esaki Surveying here on behalf of the applicant.

3:48

Uh just the roundabout at Hoipo Road and Colora that that's a county project with the work that the owners have been doing with public works.

4:01

There's uh they're looking into another additional run about at Maluhia and Kaloa Road, right in front of Su Okas.

4:09

If that clarifies the question, thank you.

4:12

That makes it more sense.

4:13

Okay, thank you.

4:17

We have any other questions.

4:21

So this is for deferral.

4:23

Yes, question deferral.

4:26

We can have a motion to defer.

4:33

I move to defer subdivision application number S 2025-1 to the December 9th meeting.

Discussion Breakdown — Share of Meeting
Procedural████████████████16%
Environmental Protection████████████12%
Historic Preservation████████████12%
Tourism Management███████████11%
Zoning Permits███████7%
Legal Review███████7%
Agricultural Leasing███████7%
Pending Litigation█████5%
Vacation Rental Regulation█████5%
Summary of Proceedings

Kauai Planning Commission Subdivision Committee Meeting November 10, 2025

The Subdivision Committee meeting of the Planning Commission convened on November 10, 2025, to review preliminary and final subdivision applications, extension requests, and public comments. The committee addressed one deferral regarding a store expansion due to Public Works engineering requirements, approved a four-lot subdivision, and approved a two-lot consolidation involving an abandoned state right-of-way. Additionally, two extension requests for long-running subdivision projects (Kucoyula and Molo Farms) were granted, while a final subdivision approval for a lot consolidation was deferred pending a required Kamapuhi (Kapalikai) analysis. Commissioner Strayford, Commissioner Nellis (also referred to as Nales/Comissioner Nalis in transcript), and Commissioner Cherick formed a quorum and voted on all items.

Consent Calendar

  • Approval of the agenda without changes.
  • Adoption of the subdivision committee's own report, which noted four extensions, two deferrals, and two approvals for items reviewed by the committee prior to the main commission hearing.

Public Comments & Testimony

  • Rosalind Cummings: Provided extensive testimony opposing multiple subdivision applications (S-2025-1, S-2025-8, S-2026-3, S-2019-4) and the Zoning Amendment (ZA-2026-2). She expressed that the proceedings violated the Clean Water Act, HRS sections 91-9, 205, 205A, 6E, and 343; she stated there was no Environmental Assessment (EA) or EIS on file for several items, criticized the lack of public notice, and alleged systematic breaches of fiduciary duty by the Robinson Family Partners and the County. She also testified on the Zoning Amendment, citing defects in chain of title, lack of SHPD consultation, and conflicts with Kingdom Law and the state constitution regarding trust lands.
  • Greg Kugel (Representing Robinson Family Partners): Expressed support for the continuation of the resort zoning for Kapalawai, stating the family has been an integral part of the island since 1865. He argued that revoking the permit violates the vested rights doctrine, due process, and the taking clause.
  • Philip Keat (Robinson Family Partners): Expressed support for the project, noting the family's 100% commitment to agricultural roots since 1865 and the need for supplemental income to sustain employees.
  • Gordon Lebedz (Retired Physician): Expressed full opposition to the Kapalawai resort zoning, citing severe water pollution (bacteria counts, sucralose presence), the impossibility of effective sewage treatment without existing high-tech systems, and the environmental unsuitability of the bay.
  • Stephanie Iona: Expressed support for the Robinson Family Partners and the resort project, stating that resort zoning is necessary for jobs and housing in the West Side and criticizing the removal of previously approved zoning.
  • Randall Uehara: Expressed support for the resort project, arguing the West Side urgently needs parking, sanitation, security, and visitors to support local businesses.
  • Helena Huffman: Expressed mixed positions, questioning if development is the right path and expressing concern that once developed, the land cannot be returned to open space; she suggested an agricultural or eco-tourism driven structure.
  • Blanche Yoshida: Expressed full opposition to the resort, citing shark presence due to pollution, historical evidence that the landowners originally resisted publicity, and environmental damage.
  • Bruce Place: Expressed strong opposition, arguing the area is in a 100-year flood zone, hurricane inundation zone, and tsunami evacuation zone; he stated the development would be dangerous and that the shoreline certification was not resolved.
  • Bonnie Baker (representing Kialani, Kiokele, etc.): Expressed support for revoking the permit, citing the need to protect agriculture and the fact that the island imports 85% of its food.
  • Hana Shar: Expressed full support for returning the land to agriculture and open space, citing the endangered Hawaiian hoary bat and the need to protect the environment.
  • Pearl Lono: Expressed strong opposition to resort zoning, arguing sustainable development requires food sovereignty and housing for working families, not luxury tourism.
  • Canani Santos: Expressed full opposition, citing the negative impacts of tourism development on the South Side and wanting to preserve the sacred nature of Pakalā.
  • Michael Farrago: Expressed concern regarding the type of jobs created by resorts and the necessity of communicating better between parties; he expressed support for conservation and stewardship.
  • Keith Nita (Former County Planner): Expressed the position that the specific condition (3T) requiring substantial construction within a set timeframe was improperly imposed on a zoning amendment and should be removed if the zoning is retained; he noted the project includes affordable housing units.
  • Monica Trask: Expressed support for the Robinson family as landowners who have preserved Agland and culture, stating that development is necessary for the economy and that the Robinsons are the appropriate party to manage the land.
  • Councilmember Felicia Cowden: Expressed support for the Robinson family as a land partner, stating that losing them would be a loss for the island and emphasizing the need for jobs and housing, while cautioning against treating the family with disrespect.
  • Aaron McKenzie: Expressed opposition to new resort development, citing climate change, local frustration with tourism, and the concern that profits would go to foreign investors rather than the local economy.
  • Maha Lani Chandler: Expressed strong opposition to development near Pakalā, stating the land is sacred ancestors and cannot be sold for profit.
  • Megan Wong: Expressed full opposition to Pakalā development, citing the sacred nature of the land, the failure of previous promises of "responsible growth," and the environmental destruction seen in Waiaha.

Discussion Items

  • Subdivision Application S-2025-1 (Suyuka Store Expansion): Staff recommended a deferral to the December 9th meeting to allow the applicant to respond to updated comments from the Department of Public Works Engineering Division regarding road improvements and roundabouts. Commissioner Strayford questioned the accuracy of the roundabout location (Poipu Road) mentioned in the application, which staff and the applicant clarified would be corrected. The committee voted to defer.
  • Subdivision Application S-2025-8 (Coliptor Properties LLC): Proposed a four-lot subdivision. Staff recommended preliminary approval, though a KAPAI analysis was noted as a requirement for tentative approval. The applicant confirmed they are awaiting the report and will comply. The committee voted to approve.
  • Subdivision Application S-2026-3 (State of Hawaii/Bright): Proposed consolidation of a 1,311 sq ft abandoned ditch right-of-way with a private lot. Staff recommended approval to comply with land board conditions. Commissioners discussed the administrative rules for boundary adjustments (ministerial process) which are pending; currently, even easy boundary adjustments require a formal subdivision vote. The committee voted to approve.
  • Subdivision Application S-2023-1 (Cocoila Parcel A2 F2 F3 Extension): Applicant requested a third extension until November 15, 2026. Staff noted construction is underway and the bond is in place to resolve remaining conditions. The committee voted to approve the extension.
  • Subdivision Application S-2024-2 (Molo Farms LLC Extension): Applicant requested a second extension until November 14, 2026, due to unresolved infrastructure improvements and a dispute with Molo Hui Lot 1 regarding water access. Staff recommended the extension. The committee voted to approve.
  • Subdivision Application S-2019-4 (Beckman and Hess Final Map): Proposed four-lot consolidation. Staff noted the project is overdue and a Kapalikai (Kamapuhi) analysis is now required by law to avoid litigation risks. The applicant expressed willingness to comply but noted the long timeline (6-12 months) for consultants. The committee voted to defer the item for up to one year to allow the analysis to be completed.

Key Outcomes

  • S-2025-1: Deferred to December 9, 2025, for further work with Public Works Engineering.
  • S-2025-8: Preliminary subdivision map approval granted.
  • S-2026-3: Preliminary approval granted for two-lot consolidation.
  • S-2023-1: Extension granted until November 15, 2026.
  • S-2024-2: Extension granted until November 14, 2026.
  • S-2019-4: Deferred for up to 12 months (until approximately November 11, 2026) to obtain a Kapalikai analysis.
  • Subdivision Committee Report: Accepted and approved by the commission.
  • Adjournment: Meeting adjourned after all items were addressed.

Meeting Transcript

Five and I'd like to call to to order the subdivision committee meeting of the planning commission. Morning, Chair, members of the commission, first order of business roll call. Commissioner Strayford. Here. Commissioner Nales. Here. Cherical. Here. You have a quorum, Mr. Chair. Next, we'll have the approval of the agenda. The department doesn't have any recommended changes to the agenda. I move to approve the agenda. Is there a second? All those in favor for the approval of the agenda say aye. Aye. All those opposed. The agenda is approved. We have no minutes. We have no additional receipt of items for the record. Um last minute comments were received from public works for one of the agenda items forthcoming onto unfinished business preliminary subdivision map approval subdivision application number S-2025-1. Suyuka store expansion project SMK Inc. proposed 11 lot consolidation into one lot. TMK's 2-8-008-020-022 through 029-0340 located in Kolo Kuwait. I don't have anybody signed up to testify on this agenda item. Are there any members of the public that would like to testify on this agenda item? Seeing none and recognizing the business we have today. Um the department is ultimately recommending requesting a deferral on this to further work for the applicant to further work with public works engineering. So the department is asked for a deferral, quite honestly, because they'll be coming back with um responses to public works requirements. But if you guys have any questions about it, how long uh how long of uh uh deferral? Uh Kenny of a recommendation. So we recently received um after writing this supplement report. We received um updated comments from the Department of Public Works Engineering Division. Um we will be scheduling this subdivision application on the December 9th planning commission meeting for uh preliminary subdivision approval. Thank you. Kenny, if I can ask a question. Um there is a uh there's a page four of the application under C it says that they're looking at a roundabout by at Koloa Road and Poipu Road. I believe that's not the intersection that they're looking at in terms of the roundabout because that Koloa Road and Poipu Road would be where the uh gas station is. I think right. Um yes, that's correct. So I think the future improvements um road will be for a roundabout at uh route intersection as well as um the color road and maluillo road intersection. So there's two two roundabouts actually three. There's gonna be another one in Poipu actually. Okay, great. But that that could be reflected in here because this doesn't make any sense that that would help and that this particular one at Poipu and Koloa Koloa Road would actually help the uh getting into Suecas. Okay, we'll do it. We'll work with the applicant. Thank you. Okay, do you have anybody from the applicant that would like to add to this discussion right here? Good morning, Madame Annie Slender from Esaki Surveying here on behalf of the applicant.

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