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Record of Proceedings

Kauai County Subdivision Committee & Planning Commission Meeting - October 13, 2026

County Council & Committees — Tuesday, October 13, 2026
BodyKauai County, Hawaii
SessionCounty Council & Committees
DateTuesday, October 13, 2026
StatusFILED
Video Record
0:00 / 3:23:58

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it

Speaker numbers apply only to this recording. Names come from transcript evidence. “Possibly” marks uncertain attribution.

Speaker 1

0:44

The uh subdivision committee will you microphone the subdivision committee will come to order?

0:52

It's 831.

Speaker 2

0:54

Morning, Chair.

0:55

First order of business is roll call.

0:58

Commissioner Cox.

Speaker 3

1:00

Here.

Speaker 4

1:05

Here.

Unassigned speaker

1:06

You

Speaker 2

1:06

have a forum, Adam Chair.

1:08

Next would be the approval of the agenda.

1:09

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

Speaker 3

1:17

I uh I move that we approve the agenda.

Speaker 1

1:21

Second.

Unassigned speaker

1:23

And

Speaker 1

1:23

I think we both approved it.

1:25

Okay.

1:26

Moving on, please.

Unassigned speaker

1:27

Please

Speaker 1

1:28

vote.

1:28

All in favor.

Speaker 3

1:30

Aye.

Speaker 1

1:31

Aye.

Speaker 2

1:33

Next we have minutes for the meetings of the subdivision committee for July 14, 2026, and August 11th, 2026.

Speaker 3

1:40

Do we need to take those separately?

1:43

I'm I would move that we accept these minutes for both meetings.

1:48

Second.

Speaker 1

1:49

Uh all those in favor?

1:51

Aye.

1:52

Aye.

Speaker 2

1:55

Next we have unfairness business, plenty of subdivision map approval subversion application number S 227-1 growth farm companies dealing with we are a business model corporation proposal to law consolidation resolution of the three lots.

2:08

TMK's three-eight-zero one eight zero zero one and zero zero nine.

2:13

Um signed up to testify as a member of the public on any members of the public like to testify on this agenda item.

2:21

Seeing none, I'll turn it over to the minor can yes, this is

Speaker 5

2:27

any microphone.

Speaker 6

2:33

Morning, Madam Chair and uh Commissioner Cox.

2:37

I'll summarize the uh subdivision for the record.

2:40

The proposal involves the two lot consolidation and resubdivision into three lots comprising a total area of approximately six thousand seventy-nine point zero three acres.

2:49

As represented, the purpose of the subdivision is to convey proposed lot two situated on the eastern side of Mahala Road and containing approximately one thousand seventy-six acres to the state of Hawaii Agribusiness Development Corporation.

3:03

Um proposed lots one and two are situated within the county's agriculture and open zoning districts and are within the state land use agricultural district.

3:11

Proposed lot three encompasses the industrial area adjacent to Kuhio Highway, and as proposed the subject lot consists of lands within the county's general industrial, general commercial, agriculture, and open zoning districts, and is within the state land use urban and agricultural districts.

3:28

At the meeting held on August 11th, 2026, the subject application was deferred to September 8th, 2026, pending the subdivision committee's review of the Kapalkai analysis for the application.

3:40

Since that time, the applicant has prepared and submitted two subsequent updates to the Copalkai analysis.

3:45

The first update, updated analysis dated August 2026 was transmitted to the subdivision committee through supplement report number one.

3:54

The subsequent update dated September 2026, which incorporates additional community outreach, is being transmitted to the subdivision committee through supplement report number two.

4:04

I would like to note that this application is for mapping purposes only, and there will be no development associated with this application.

Speaker 1

4:18

Sorry.

4:20

Uh just for uh clarification.

4:21

This is for tentative approval as opposed to final approval.

4:24

Is that correct?

4:25

That's correct.

4:26

Thank

Speaker 7

4:27

you.

4:48

So my shareholder is interested in transitioning these lands into basically local hands.

Unassigned speaker

4:55

Um as you know, we just closed 250 acres of DHL recently.

Speaker 7

5:00

Uh it is contiguous to this property.

5:03

So he is very much supportive of the idea of moving these lands into public hands to benefit the agricultural resilience of not only koai, but this is a breadbasket for Hawaii.

5:17

Um ADC has more lands on this island any other lands.

5:22

And uh happy to try to answer any questions.

Unassigned speaker

5:30

There seems to be a great deal of support in this option.

Speaker 3

5:35

We're out of practice.

Discussion Breakdown — Share of Meeting
Affordable Housing███████████████████████████████████35%
Agricultural Leasing██████████10%
Procedural███████7%
Vacation Rental Regulation██████6%
Traffic Impact Assessment█████5%
Historic Preservation████4%
Legal Review████4%
Coastal Management████4%
Community Engagement████4%
Summary of Proceedings

Kauai County Subdivision Committee & Planning Commission Meeting - October 13, 2026

The meeting convened at 8:31 AM on October 13, 2026, and covered multiple agenda items including subdivision map approval, contested case petitions, a major affordable housing project (Puhi Pili Kai), beekeeping regulations, accessory rental unit extensions, enforcement penalty increases, third-party hosting platform regulation, and several deferrals.

Consent Calendar

  • Approved the agenda unanimously.
  • Approved minutes from the July 14, 2026 and August 11, 2026 Subdivision Committee meetings.

Public Comments & Testimony

  • S-227-1 (Grow Farm Companies): No public testimony during the subdivision portion.
  • SMA/Use Permit (Ebslin Trust): No public testimony at the hearing; written testimony from Rosalind Cummings was considered.
  • Puhi Pili Kai Affordable Housing Project: Multiple community members testified. Ricky Cassidy, an independent researcher, cited statistics that "one in five people need affordable housing" and expressed concerns over traffic study timing during COVID. Alton Abimoto opposed the loss of a public park, arguing the sewer line benefit was overstated and that the traffic study was flawed. Other testifiers voiced support, including a school principal who emphasized the critical need for teacher housing and how the project would allow educators to walk to nearby schools. A representative from the Filipino Cultural Center expressed openness to partnership.
  • Beekeeping Ordinance (ZA 2026-8): Ariel Bishop (second-generation beekeeper) and Robin Murayama (small business beekeeper) testified in support, noting the balance between responsible beekeeping and protecting neighboring properties.

Discussion Items

  • Subdivision Map Approval S-227-1 (Grow Farm Companies / ADC): The proposal consolidates and resubdivides three lots into three lots totaling approximately 6,079.03 acres, primarily to convey lot 2 (about 1,076 acres) to the State of Hawaii Agribusiness Development Corporation. The Kapakai analysis was updated after the August 2026 deferral. During discussion, concerns were raised that lineal descendant Kamealoha was not interviewed. The applicant agreed to include Kamealoha’s testimony in the analysis. The committee added a condition to that effect and gave tentative approval.
  • Petition to Intervene (Ebslin Trust SMA Case): Two petitions were considered. Rosalind Cummings’ petition was denied for procedural deficiencies (no filing fee, no certificate of service). The Garcia Neveu petition was granted; the Commission found the neighbors had standing due to proximity and potential impact on coastal views and public trust. The case was referred to a contested case hearing. The Commission briefly entered executive session before voting.
  • Puhi Pili Kai – Affordable Housing Project (PDU, Variance, Class 4 Zoning): The project proposes 60 rental units (12 studios, 30 one-bedroom, 18 two-bedroom) on a 2.52-acre former park site across from Kauai Community College. The Housing Agency and developer Ikenikea Development presented the project as addressing the county’s severe housing shortage, targeting 30%–120% AMI households with a preference for educators. Key discussions focused on traffic impacts, loss of a public park (a larger park two blocks away will be improved), and community benefits (new sidewalks, sewer trunk line). The Commission added three conditions: (1) consult with DOT and Public Works to identify traffic mitigations, (2) implement archaeological monitoring during ground disturbance (already part of SHPD plan), and (3) allow public use of open gathering spaces and tot lot to the extent legally possible. The project was approved.
  • Beekeeping Ordinance (ZA 2026-8): The department presented revisions: tiered hive density (lots ≤1,000 sq ft: 8 hives; lots 1,001–20,000 sq ft: 15 hives), revised swarm language, nighttime lighting clarification, and required signage. After testimony, the Commission approved the ordinance as amended.
  • ARU Extension (ZA 2027-1): The proposal makes the five-year extension for Accessory Rental Units indefinite. The department recommended approval and it passed unanimously.
  • Civil Fines Ordinance (ZA 2027-2): This ordinance would raise the maximum fine for zoning violations from $10,000/day to a higher amount for luxury transient accommodations and commercial retreats on agricultural land. The department requested a deferral to January 12, 2027, for further legal review and stakeholder input. Granted.
  • Third-Party Hosting Platform Regulation (ZA 2027-3): Proposed to regulate platforms like Airbnb/VRBO, but the department noted existing successful partnerships with major platforms (which have reduced illegal rentals from ~1,500 to <30). Deferred to January 12, 2027, to consult with those partners.
  • Numila Plantation Camp Amendments: Two items (GPA 2025-2 and A-2025-2) were withdrawn because the landowner identified a different TMK for a proposed 14.9-acre expansion. ZA 2025-4 (amending the existing camp) was deferred to January 12, 2027, to be heard with new zoning amendments.
  • Shoreline Setback Determination Appeal (SSD 2027-3): The landowner and appellant agreed to a 60-day window; deferred to December 8, 2026.

Key Outcomes

  • Subdivision S-227-1 (Grow Farm/ADC): Approved (tentative) with added condition to include Kamealoha’s testimony in the Kapakai analysis.
  • Cummings Intervention: Denied.
  • Garcia Neveu Intervention: Granted; case referred to contested case hearing.
  • Puhi Pili Kai Project: Approved (PDU, variance, class 4 zoning) with three conditions.
  • Beekeeping Ordinance (ZA 2026-8): Approved as amended.
  • ARU Extension (ZA 2027-1): Approved.
  • Civil Fines Ordinance (ZA 2027-2): Deferred to January 12, 2027.
  • Third-Party Platform Regulation (ZA 2027-3): Deferred to January 12, 2027.
  • Numila GPA and A: Withdrawn; ZA 2025-4 deferred.
  • Shoreline Appeal: Deferred to December 8, 2026.

Meeting Transcript

The uh subdivision committee will you microphone the subdivision committee will come to order? It's 831. Morning, Chair. First order of business is roll call. Commissioner Cox. Here. Here. You have a forum, Adam Chair. Next would be the approval of the agenda. The department doesn't have any recommended changes to the agenda. I uh I move that we approve the agenda. Second. And I think we both approved it. Okay. Moving on, please. Please vote. All in favor. Aye. Aye. Next we have minutes for the meetings of the subdivision committee for July 14, 2026, and August 11th, 2026. Do we need to take those separately? I'm I would move that we accept these minutes for both meetings. Second. Uh all those in favor? Aye. Aye. Next we have unfairness business, plenty of subdivision map approval subversion application number S 227-1 growth farm companies dealing with we are a business model corporation proposal to law consolidation resolution of the three lots. TMK's three-eight-zero one eight zero zero one and zero zero nine. Um signed up to testify as a member of the public on any members of the public like to testify on this agenda item. Seeing none, I'll turn it over to the minor can yes, this is any microphone. Morning, Madam Chair and uh Commissioner Cox. I'll summarize the uh subdivision for the record. The proposal involves the two lot consolidation and resubdivision into three lots comprising a total area of approximately six thousand seventy-nine point zero three acres. As represented, the purpose of the subdivision is to convey proposed lot two situated on the eastern side of Mahala Road and containing approximately one thousand seventy-six acres to the state of Hawaii Agribusiness Development Corporation. Um proposed lots one and two are situated within the county's agriculture and open zoning districts and are within the state land use agricultural district. Proposed lot three encompasses the industrial area adjacent to Kuhio Highway, and as proposed the subject lot consists of lands within the county's general industrial, general commercial, agriculture, and open zoning districts, and is within the state land use urban and agricultural districts. At the meeting held on August 11th, 2026, the subject application was deferred to September 8th, 2026, pending the subdivision committee's review of the Kapalkai analysis for the application. Since that time, the applicant has prepared and submitted two subsequent updates to the Copalkai analysis. The first update, updated analysis dated August 2026 was transmitted to the subdivision committee through supplement report number one. The subsequent update dated September 2026, which incorporates additional community outreach, is being transmitted to the subdivision committee through supplement report number two. I would like to note that this application is for mapping purposes only, and there will be no development associated with this application. Sorry. Uh just for uh clarification. This is for tentative approval as opposed to final approval. Is that correct? That's correct.

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