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Record of Proceedings

Kauai Planning Commission Meeting Summary - Dec 18, 2025

County Council & Committees — Thursday, December 18, 2025
BodyKauai County, Hawaii
SessionCounty Council & Committees
DateThursday, December 18, 2025
StatusFILED
Video Record
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Transcript — Verbatim
1:23

Good morning.

1:46

There you go.

1:50

We're good.

1:51

Okay.

1:54

I'm sorry.

1:54

Okay, now we're good.

1:56

Roll call, Mr.

1:57

Chair.

1:58

Commissioner Nales.

2:00

Here.

2:00

Commissioner Strafer.

2:02

Here.

2:02

Chair.

2:03

Here.

2:03

The old form, Mr.

2:04

Chair.

2:05

Next would be the um approval of the agenda.

2:09

We have no recommended changes to the agenda.

2:11

You have the agenda in front of you.

2:14

Ready to approve agenda?

2:15

I move to approve the agenda as written.

2:19

A second.

2:20

All those in favor say aye.

2:22

Aye.

2:23

All those opposed.

2:24

Agenda is approved.

2:27

Uh next will be the minutes for September 23rd, 2025.

2:31

You also have the minutes in front of you.

2:39

Second.

2:45

Okay, we've got a motion and a second for the minutes.

2:50

Are that minutes?

2:52

No, we don't sorry.

2:56

Looking at the planet commission.

2:58

I'm sorry.

2:58

My apologies.

3:00

Creatures of habit.

3:03

Next, we will go um into unfinished business, which would be preliminary map subtlety as a map approval, so there's an application number as there's only three five-one to the storage management project SMK Inc.

3:14

I'll propose eleven lot consolidation to one lot.

3:28

We have no members of the public sign up to testify for this agenda item.

3:32

Is there any member of the public that would like to speak on this agenda item?

3:35

Seeing none, I'll turn it over to Kenny for the staff report.

3:55

As well as the county's general commercial zoning district.

4:48

Following these discussions, the applicant has agreed to evaluate the feasibility of constructing a new roundabout at the intersection of Maluhua Road and Kulore Road.

5:00

It is if a roundabout is necessary, it would be considered an off-site infrastructure improvement associated with this subdivision application, and as a result, the applicant would be required to obtain construction plan approval prior to final subdivision approval.

5:09

It should be noted that the subdivision report has been revised to incorporate conditions from both the planning department and the department of public works engineering division to reflect the proposed roundabout improvements.

5:20

Chair, we have received comments from the Department of Public Works Engineering Division, the County Department of Water, the County Department of Wastewater, the State Department of Health, and the State Historic Preservation Division.

5:33

The planning department is recommending preliminary subdivision map approval.

5:38

Thank you.

5:39

We have questions for Mr.

5:41

Estes.

5:45

Seeing none, do we have anybody from the applicant that would like to add morning, Madena Smendez from Esaki Survey here on behalf of the owners?

5:59

They work with public works to come to an understanding that works both with the development that they are planning and the counties concerned.

6:10

So they would like to respectfully respectfully request tentative approval at this time.

6:19

Any questions?

6:20

I have a question.

6:32

And essentially abut the Suyoka parking lot.

6:37

Is there any do you know when the when the anticipated plan of this is going to be, or not the plan, when it's anticipated that they would actually start or if they're going to start?

6:47

Well, the Poipu one intersection, that's a county-led project, and I think that one's should be ready to any day now.

6:58

It's been plans are have been approved, and that one's closer to construction start.

7:03

This one would take a little longer since there's only a conceptual plan that's been worked out with county.

Discussion Breakdown — Share of Meeting
Procedural███████████████████████23%
Legal Review███████████11%
Historic Preservation██████████10%
Zoning Permits████████8%
Pending Litigation███████7%
Vacation Rental Regulation███████7%
Engineering And Infrastructure█████5%
Agricultural Leasing█████5%
Environmental Protection█████5%
Summary of Proceedings

Kauai Planning Commission Meeting Summary - Dec 18, 2025

The Planning Commission convened to review four preliminary subdivision maps, two major zoning amendment and permit revocation petitions regarding the Kapalawa (Pakalā) resort project, a commercial retreat appeal, and a residential Special Management Area (SMA) use permit. The Commission unanimously approved the subdivision maps, referred the Kapalawa zoning and revocation petitions to a contested case hearing, deferred a commercial retreat appeal to allow for attorney retention, and approved the residential SMA permit.

Consent Calendar

  • No specific consent calendar items were listed; routine approvals were handled as standard agenda items.

Public Comments & Testimony

Zoning Amendment ZA-2026-2 (Kapalawa Resort Rezoning):

  • Opposition to Resort: Multiple speakers, including Steve Parsons, Bruce Place, Dr. Carl Berg, Nicole McCamy, and Rosalind Cummings, expressed strong opposition to rezoning 171.72 acres from resort to agricultural/open use. They cited concerns regarding sea-level rise, flood zones, wastewater runoff, cultural sensitivity (burial sites), and the preservation of surf culture and natural resources. Rosalind Cummings asserted that Native Hawaiian rights and ancestral burial laws supersede county procedural rules.
  • Support for Development: Rick Robinson and Randy Uehara expressed support for the project, noting the Robinson family's need for revenue to sustain agriculture and provide affordable housing for employees. They argued the West Side lacks visitor accommodations and tourism infrastructure.
  • Mixed/Alternative Views: Gordon Lebeds noted the historical 'kill switch' for zoning if development doesn't proceed. Ken Denton suggested the resort should be located on higher ground to avoid flood risks or that the land be rezoned for conservation.

Petition to Revoke Permits (Kapalawa):

  • Opposition to Permit: Testifiers like Ken Denton and Rosalind Cummings argued the resort would destroy a spiritual site, cited lack of water resources, and warned of legal liabilities regarding tsunami and flood zones. Nicole McCamy testified that surf resorts have a history of bringing social issues to local communities.
  • Support for Permit: Rick Robinson clarified the proposal consists of 136 units (not 250) and argued the project is essential for the family's agricultural viability. Randy Uehara highlighted the economic benefits for the West Side and the Robinson family's history of providing water and infrastructure.
  • Procedural Intervention Requests: Rosalind Cummings and Bruce Place requested to intervene in the contested case hearing. Cummings argued that constitutional rights to petition and protect burial sites override county filing deadlines and fees. Commissioner Cole expressed intent to deny standing due to failure to follow procedural rules (timeliness, fees, written submissions). Mr. Place later withdrew his intervention request, preferring to participate only as a witness.

Discussion Items

  • Subdivision Applications: Staff recommended approval for four applications:
    • S 2025-1: Eleven-lot consolidation for SMK Inc. (Storage Management Project), with a condition to evaluate a roundabout at the Maluhua/Kulore Road intersection.
    • S 2026-4: Two-lot subdivision for P. Madero and the M. M. Madero Trust in Omao Homesteads Colloqui, pending comments from Public Works.
    • S 2026-5: Five-lot subdivision for Herbert Mashila et al. in Kapah, with conditions regarding common access easements to limit traffic impacts on Kamalu Road.
    • S 2026-6: Two-lot subdivision for Lot 5, as far visionary LLC, dedicating half to the County for a community park and half to the Department of Education for parking. Pending final acceptance from agencies, but recommended for approval.
  • Kapalawa Zoning Amendment (ZA-2026-2): After hearing public testimony and counsel's positions, the Planning Commission found the petition for zoning amendment contained sufficient evidence to warrant a contested case hearing. The matter was referred to Boards and Commissions for a hearing officer.
  • Petition to Revoke Permits (SMAU 2002-6, PDU 2002-15, Z 2002-20): The Commission determined that the petition for revocation contained sufficient evidence of failure to perform under permits. Despite the intervention requests, the Commission voted to issue an Order to Show Cause and refer the revocation matter to a hearing officer for a contested case hearing. The Department recommended that no new plan modifications be considered during this specific hearing.
  • Commercial Retreat Appeal (Kawai Kai Diamonds Trust): The applicant, Cheryl Shank, requested a deferral to retain legal counsel following the death of her husband. The Commission deferred the appeal to February 10, 2026, with the recommendation that this be the final deferral before a contested case hearing would be pursued if counsel is not secured.
  • SMA Use Permit 2026-3: Approved for the construction of a single-family residence in the Lanai shoreline setback area, subject to conditions including a 15-foot view plane and potential 100% archaeological survey (AIS) if required by SHPD.

Key Outcomes

  • Subdivision Approvals: Preliminary subdivision map approval granted for applications S 2025-1, S 2026-4, S 2026-5, and S 2026-6 after roll call votes.
  • Zoning Reference: Motion carried (5-0) to refer ZA-2026-2 to a hearing officer for a contested case hearing.
  • Permit Revocation Reference: Motion carried (5-0) to issue an Order to Show Cause and refer the revocation of SMAU 2002-6, PDU 2002-15, and Z 2002-20 to a hearing officer for a contested case hearing.
  • Intervention Decisions: The Commission denied standing to intervener Rosalind Cummings based on procedural deficiencies (failure to follow rules, fees, and timeliness). Bruce Place withdrew his intervention motion and agreed to participate as a witness.
  • Appeal Deferral: Motion carried (5-0) to defer the appeal of the Kawai Kai Diamonds Trust NOVI to the February 10, 2026, meeting to allow time for the applicant to retain an attorney.
  • SMA Permit Approval: Motion carried (5-0) to approve SMA Use Permit 2026-3 for the John H. Murray Trust residence.
  • Adjournment: Meeting adjourned at 9:00 PM. Next meeting scheduled for January 13, 2026.

Meeting Transcript

Good morning. There you go. We're good. Okay. I'm sorry. Okay, now we're good. Roll call, Mr. Chair. Commissioner Nales. Here. Commissioner Strafer. Here. Chair. Here. The old form, Mr. Chair. Next would be the um approval of the agenda. We have no recommended changes to the agenda. You have the agenda in front of you. Ready to approve agenda? I move to approve the agenda as written. A second. All those in favor say aye. Aye. All those opposed. Agenda is approved. Uh next will be the minutes for September 23rd, 2025. You also have the minutes in front of you. Second. Okay, we've got a motion and a second for the minutes. Are that minutes? No, we don't sorry. Looking at the planet commission. I'm sorry. My apologies. Creatures of habit. Next, we will go um into unfinished business, which would be preliminary map subtlety as a map approval, so there's an application number as there's only three five-one to the storage management project SMK Inc. I'll propose eleven lot consolidation to one lot. We have no members of the public sign up to testify for this agenda item. Is there any member of the public that would like to speak on this agenda item? Seeing none, I'll turn it over to Kenny for the staff report. As well as the county's general commercial zoning district. Following these discussions, the applicant has agreed to evaluate the feasibility of constructing a new roundabout at the intersection of Maluhua Road and Kulore Road. It is if a roundabout is necessary, it would be considered an off-site infrastructure improvement associated with this subdivision application, and as a result, the applicant would be required to obtain construction plan approval prior to final subdivision approval. It should be noted that the subdivision report has been revised to incorporate conditions from both the planning department and the department of public works engineering division to reflect the proposed roundabout improvements. Chair, we have received comments from the Department of Public Works Engineering Division, the County Department of Water, the County Department of Wastewater, the State Department of Health, and the State Historic Preservation Division. The planning department is recommending preliminary subdivision map approval. Thank you. We have questions for Mr. Estes.

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