1ST Addition to PC Agenda 2, 05-24-2022
4444 Rice Street, Suite A473 • Līhu‘e, Hawai‘i 96766 • (808) 241-4050 (b) An Equal Opportunity Employer
PLANNING COMMISSION
HELEN COX, CHAIR FRANCIS DEGRACIA. VICE CHAIR GERALD AKO, MEMBER
DONNA APISA, MEMBER MELVIN CHIBA, MEMBER LORI OTSUKA, MEMBER
KAAINA S. HULL, CLERK OF COMMISSION
MEMORANDUM
DATE: May 23, 2022
TO: Planning Commission
FROM: Clerk of the Commission
SUBJECT: 1st Addition to AGENDA 2, May 24, 2022 Planning Commission Meeting
F. HEARINGS AND PUBLIC COMMENT
1. New Agency Hearing
a. HPM BUILDING SUPPLY
2. Memorandum to the Planning Commission.
DEREK S.K. KAWAKAMI, MAYOR
MICHAEL A. DAHILIG, MANAGING DIRECTOR
4444 Rice Street, Suite A473 • /ŞKX¶H+DZDL¶L • (808) 241-4050 (b) $Q(TXDO2SSRUWXQLW\(PSOR\HU
DEPARTMENT OF PLANNING
KA‘ŅINA HULL, DIRECTOR
JODI A. HIGUCHI SAYEGUSA, DEPUTY DIRECTOR
MEMORANDUM
DATE: May 23, 2022
TO: Honorable Planning Commission Chair Helen Cox and Members of the Kauai
Planning Commission
FROM: Ka‘aina S. Hull, Director of Planning
RE: Additional Public Testimony
Attached for the Planning Commission’s consideration:
1.HPM Building Supply’s Memorandum in Opposition to Intervene on behalf of the
Community of Poipu Aina Estates
2.Power Point slides for presentation to Commission members, on behalf of HPM’s
representative.
3.Petition to Intervene from Damon Key Leong Kupchak Hastert concerning in the Matter
of the Application for HPM Building Supply, received on May 23, 2022, 8:58 a.m.
Kaaina Hull
Digitally signed by Kaaina
Hull
Date: 2022.05.23
13:34:49 -10'00'
F.1.a.2.
May 24, 2022
CADES SCHUTTE
A Limited Liability Law Partnership
MAUNA KEA TRASK
P.0.Box 1205
Lihu'e,HI 96766
Telephone:(808)521-9297
Fac8imile:(808)540-5015
Email:mtrask(S),cades.com
Attomeys for Applicants
HPM BUILD1NG SUPPLY
8418 .'••,-/.oi:Kaua-•"-•'NNfNGDEP')
22 nWl9 l\6:l:
RECEiw...
BEFORE THE PLANNING COMMISSION
OFTHE
COUNTYOFKAUA'I
In the Matter of the Application
Of
HPM BUILDING SUPPLY,for a Special
Pennit,Use Pennit and Class IV Zoning Pennit,
for Real Property Situated at Pa'a,District of
Koloa,Kaua'i,Hawai'i,and Being a Portion of
that Certain Parcel of Real Property Identified by
Kaua'i Tax Map Key No.(4)2-9-001:001,and
containing an area of 1,076.073 acres,more or
less.
SPECIAL PERMIT SP-2022-1
USE PERMIT (U)-2022-8;and
CLASS IV ZONING PERMIT Z-IV-2022-8
HPM BUILDING SUPPLY'S
MEMORANDUM IN OPPOSITION TO
THE PETITION TO INTERVENE ON
BEHALF OF THE COMMUNITY OF
POIPU AINA ESTATES;DECLARATION
OF COUNSEL;EXHIBITS "A"-"C";
CERTIFICATE OF SERVICE
HPM BUILDING SUPPLY'S MEMORANDUM IN
OPPOSITION TO THE PETITION TO INTERVENE ON
BEHALF OF THE COMMUNITY OF POIPU A1NA_ESTATES
Comes now,HPM BUILDING SUPPLY ("HPM"or "Applicant"),who,by and through
its undersigned attomeys,submits this Memorandum in Opposition ("Opposition")to the
Community Association of Poipu Aina Estates ("Poipu Aina")Petition to Intervene (the
"Petition").
For the reasons stated herein,Poipu Aina's Petition does not comply with the legal
requirements goveming Petitions to Intervene as provided in the Rules ofPractice and Procedure
of the Kauai Planning Commission (as amended)("Commission Rules")and therefore must be
denied.This Opposition is brought pursuant to Commission Rules 1-4-1,1-4-2,1-4-3,1-4-4,1-4-
6,l-4-7,and 1-6-11 (a).
I.INTRODUCTION.
On May 9,2022,Poipu Aina,c/o Jeff Masters,submitted a one-page document titled
"Petition to Intervene".Exhibit "A".The Petition does not comply with the requirements
goveming form and content of Petitions to Intervene in Chapter 4 of the Commission Rules.
Indeed,the Petition is in the fonn of public testimony against HPM's Application for Special
Permit SP-2022-1,Use Pennit (U)-2022-8,and Class IV Zoning Pennit Z-IV-2022-8.The Petition
states Poipu Aina is very concemed that HPM's facility will negatively impact the traffic,air
quality,noise and view plains (sic)in and around their community.The Petition then lists twelve
(12)general concems about HPM's development.The Petition is not signed by Mr.Masters,but
instead by Michael Clark.The Petition does not indicate who Mr.Clark is or whether he has
authority to submit the Petition on behalfofPoipu Aina.
II.ARGUMENT.
A.Poipu Aina's Petition is Untimely and Was Not Served on HPM.
Commission Rule 1 -4-3 is crystal clear,"[t]he petition for intervention with certificate of
service shall be filed with the Commission at least seven (7)days prior to the Agency Hearing for
which notice to the public has been published pursuant to law."Further,Rule 1-4-3 provides that
"untimely petitions for intervention will not be permitted except for good cause shown."The date
of the Agency Hearing for which notice to the public has been published pursuant to law in this
matter was May 10,2022.Seven (7)days prior to May 10,2022,was May 3,2022.Poipu Aina's
Petition wasn't filed until May 9,2022,six days too late.Poipu Aina also failed to serve the
Petition on HPM and/or HPM's counsel as required by Commission Rule 1-3-3.Declaration of
Counsel at 1)5.For these reasons alone,the Petition must be denied.
Further,the Petition does not explain why there is "good cause"for its late filing."Good
cause"[]"depends upon the circumstances of the individual case,and a finding of its existence
lies largely in the discretion ofthe officer or court to which [the]decision is committed."Doe v.
Doe,98 Hawai'i at 154,44 P.3d at 1095.Thus,whether "good cause"exists depends upon the
circumstances of the individual case,and whether good cause exists will "lie[]largely in the
discretion ofthe []court to which [the]discretion is committed."Id.
A review ofthe facts and circumstances show there is no good cause to excuse Poipu Aina's
late filing of the Petition.Public notice of the May 10 Agency Hearing has been posted on the
County ofKaua'i Planning Department's ("Department")website since March 24,2022,47 days
prior to the May 10 Agency Hearing.Exhibit "B".Further,the Department had notice published
in the newspaper on April 8,2022,a full 32 days prior to the Agency Hearing.Exhibit "C".The
public notice clearly states,"Petitions for intervenor status must be submitted to the Cominission
and the applicant at least seven days prior to the date ofthe hearing advertised herein and shall be
in conformance with Chapter 4 ofthe [Commission Rules]."Id.at 2.Given that public notice has
been available weeks prior to the Agency Hearing and given the complete lack of evidence or
argument as to what would constitute "good cause"for Poipu Aina to fail to timely file and serve
the Petition,the Commission must deny the Petition pursuant to Commission Rule 1 -4-3.
B.Poipu Aina Provides No Evidence of Their Standina to Intervene.
In order to be granted intervenor status,Poipu Aina has the burden to establish that it is a
person/organization who:(1)holds interest in the land;(2)lawfully resides on the land;or (3)will
be so directly and immediately affected by the proposed application that their interest in the
Proceeding is clearly distinguishable from that ofthe general public.Commission Rule 1-4-1.
Poipu Aina proffers no evidence to show it holds an interest in the land or that it resides on
the land.Indeed,Poipu Aina neither owns an interest in the land or resides on the land,so both the
first and second bases to grant intervention fail.Declaration ofCounsel at T|6.
As to the third basis to grant intervention,Poipu Aina states it is "very concemed that the
HPM facility will negatively impact the traffic,air quality,noise and view plains (sic.)in and
around our community."Exhibit A.However,Poipu Aina does not indicate where their
community is located or how HPM's facility will "so directly and immediately"affect them so
that their interest in the Proceeding is clearly distinguishable from the general public.Indeed,the
concems raised in the Petition are the same as those general concems raised by all other members
ofthe public who voiced their concems about HPM's facility and as such Poipu Aina's interests
are indistinguishable from that ofthe general public .
Poipu Aina,as the party initiating consideration of its Petition,has the burden of proof,
including the burden ofproducing evidence as well as the burden ofpersuasion that it satisfies the
intervention requirements ofCommission Rule 1-4-1.Commission Rule 1-6-17 (b).Based upon
the complete lack of evidence to sustain a finding that Poipu Aina has standing,the Petition must
be denied.
C.The Petition Does Not Comolv With Commission Rule 1-4-4.
Commission Rule 1-4-4 mandates that every petition to intervene state:(1)The nature of
Petitioner s statutory or other right;(2)The nature and extent of Petitioner's interest and if an
'HPM notes that although testimony against the proposed project was submitted,the majority of
the public testimony submitted was in support ofthe project.
affected property owner,provide the Tax Map K.ey description of the affected property;(3)The
specific issues to be raised or contested by the Petitioner in the Contested Case hearing;and (4)
The effects ofany decision in the Proceeding on Petitioner's interest.
The Petition does not contain any of the aforementioned four categories of infonnation
required by Commission Rule 1-4-4 (1)-(4).Poipu Aina does not state the nature oftheir statutory
or other rights.Poipu Aina does not state the nature and extent of its interest,nor does it provide
that Tax Map Kay description ofthe affected property(ies).Poipu Aina does not state the specific
issues it will raise in the contested case.And Poipu Aina does not state the effects of any decision
in the Proceeding on its interest.As such,the Petition must be denied for failure to comply with
Commission Rule 1-4-4 (1)-(4).
Commission Rule 1 -4-4 also provides that,if applicable,the Petition shall also make
reference to the following:(5)Other means available whereby Petitioner's interest may be
protected;(6)Extent Petitioner's interest may be represented by existing parties;(7)Extent
Petitioner s interest in Proceeding differs from that of the other parties;(8)Extent Petitioner's
participation can assist in,development of a complete record;(9)Extent Petitioner's participation
will broaden the issue or delay the Proceeding;and (10)How the Petitioner's intervention would
serve the public interest.
Due to the insufficiency ofthe Petition,HPM does not know ifthe information contained
in Commission Rule 1-4-4 (5)-(10)is applicable.Nonetheless,Poipu Aina does not include any
of the aforementioned information in the Petition,so to the extent that such infonnation is
applicable,Poipu Aina has also failed to include the required information contained in
Commission Rule 1-4-4 (5)-(10)and the Petition must be denied on that basis as well.
D.Poipu Aina Did Not Pay the Reauired Filins Fce.
Commission Rule 1 -4-6 requires petitions for intervention be accompanied by a filing fee
of $25.00.The Petition was not accompanied by the $25.00 filing fee and thus the Petition must
be denied.Declaration ofCounsel at ^[7.
III.CONCLUSION.
For the reasons sated above,the Commission must deny Poipu Aina's Petition to Intervene.
However,HPM assures the Commission that despite the required denial ofPoipu Aina's Petition,
HPM is committed to being a good tenant ofthe K.oloa district and working with all members of
the public to address their concems to the maximum extent possible.HPM's intent is to benefit
Kauai's community,and HPM understands that begins with being a good neighbor to all within
the Koloa district.
DATED:Lihue,Kauai,Hawaii,May 19,2022.
CADES SCHUTTE LLP
A Limited Liability Law Partnership
Attomeys for Applicant
HPM BUILDING SUPPLY
BEFORE THE PLANNING COMMISSION
OFTHE
COUNTY OF KAUA'I
In the Matter of the Application
Of
HPM BUILD1NG SUPPLY,for a Special
Permit,Use Permit and Class IV Zoning Permit,
for Real Property Situated at Pa'a,District of
Koloa,Kaua'i,Hawai'i,and Being a Portion of
that Certain Parcel ofReal Property Identified by
Kaua'i Tax Map Key No.(4)2-9-001:001,and
containing an area of 1,076.073 acres,more or
less.
SPECIAL PERMIT SP-2022-1
USE PERMIT (U)-2022-8;and
CLASS IV ZONING PERM1T Z-IV-2022.
DECLARATION OF COUNSEL
DECLARATION OF MAUNA KEA TRASK
I,MAUNA KEA TRASK,declare as follows:
1.I am the attomey for HPM BUILDING SUPPLY,Applicant in the above-captioned
matter,and make this declaration based on personal knowledge.
2.Attached hereto as Exhibit "A"is a true and correct copy of the Community
Association ofPoipu Aina Estates'Petition to Intervene (the "Petition").
3.Attached hereto as Exhibit "B"is a true and correct copy ofa screen shot ofthe
Planning Department's webpage showing that public notice for HPM's May 10,2022 agency
hearing was posted on March 24,2022.
4.Attached hereto as Exhibit "C"is a tme and correct copy of the Planning
Department's Public Notice ofthe HPM May 10,2022 Agency Hearing.
5.The Petition was filed on May 9,2022,and was not served on myselfor my client.
6.I have reviewed County ofKaua'i real property tax records,spoken with authorized
representatives ofMahaulepu Fann LLC -the lessor and fee simple owner ofTax Map Key Parcel
No.(4)2-9-001:001 (the "land"),and conferred with my client,and the Community Association
ofPoipu Aina Estates neither owns an interest in the land nor resides on the land.
7.On May 16,2022,I spoke with Dale Cua,Planner IV of the County of Kaua'i
Planning Department,and he confinned that the Community Association of Poipu Aina Estates
did not submit a $25.00 filing fee with their Petition to Intervene.
I declare under penalty ofperjury that the foregoing is true and correct.
DATED:Lihu'e,Hawai'i,May 19,2022.
COUNTYnFKAUAI
'22 MAY-9 P 2 32
PLANNING DF.PT.
Community Assodation of Poipu Aina Estates
C/0 Jeff Masters
P.0.Box 238
Koloa,Hl 96756
May 9,2022
Kauai County Planning Department
4444 Rice St,Suite 473
Lihue,Hl 92677'el&T~!0^'
RE:CLASS IV ZONING PERMIT (Z-IV-2022-8),USE PERMIT (U-2022-8)and SPECIAL PERMIT (SP-2022-1)to
operate a construction material manufacturing facility on a parcel situated immediately adjacent to the Old Koloa
Sugar Mill site in Koloa,along the eastern side of Ala Kinoiki,approximately 3,300 feet west of the Weliweli Road/Ala
Kinoiki intersection,further identified as Tax Map Key:2-9-001 :001,and affecting a 3-acre portion of a larger parcel.
Petition to Intervene
We respectfully requestthatyou acceptthis Petitionto Intervene on behatfofthe CommunityofPoipu Aina Estates.
We areveryconcernedthatthe HPMfacilitywlllnegativelylmpactthetraffic,airquality,noise and view plains in and
around our community.HPM asserts Ihat there will be little to no impact in these areas but we disagree.Some ofour
concerns are as follows:
•Traffic noise of trucks on the gravel road starting as early as 6 am.
•Visual impact of a large,open ended tent.
«Noisecreated bythe saws and otherpowertools,trucksand equipment,especially as ourcommunityis
downwind of the facility.
•Lack ofsound control based on the open tent like nature ofthe structure.
•Visual impact of the power lines being pulled to the facility.
•Largely obstructed view ofthe sugar mill.
•Decrease in property values forour community.
•Increased trucking traffic on the South shore specifically the narrow,already congested streets in and around
Koloa town.
•The traffic assessment done by HPM was done on 12/10/21 while tourism was still significantly lower because of
COVID 19.
•Allowing this facility to operate along the main artery road of Ala Kinoiki,where thousands a day access the
Poipu area resorts and beaches.
•The letter sent by cades &schutte dated April 5,2022 to "persons listed on the current reat property assessment
notice (ist within 30 feet from the subject property"did not contain accurate information on attending the
Planning Commission meeting via Zoom on 5/10/22 as the zoom (ink provided was from a past meeting.This
may have made it difficult for residents to attend the public hearing via zoom if unable to attend in person.
•The peacefulness and beautysurroundingthe area aroundtheOld Koloa Mill that isvalued by locals and tourists
alike.
Sincerely,
Michael Clark,member,on behalfof
The Community Members of Poipu Aina Estat^EXHIBIT A
Plannlng Commfsslon
Arboflst Commfttee
Board of Ethcs
Board of Reinew
Board of Water Supply
Bulldlng Board of Appeals
Charter Sewew Commlssion
Civil Senice Commission
Committee on the Status of
Women
Cost Control Conmission
The Pfannjng Commfssion consfsts of seven (7)memberi from the publlc
that are appoinied by the Mayor afid conf'fnied by th?Councii.The
Plannlng Commission meets twice a month 10 hoid pubi'c hearings on
^oning and iand use permits and applicarions,aa wei!35 render (fecisioni
cn ttiese matters
Meeiing Ttme/Lccation 9'OOam.MEetingRoom2A/2B.2nd&41h
Tuesda/of each monih.
The pub!ic may altend the meeting via Zoom using the 'Z&oni link'and
tstephoni?using tiie "jciin by Dhone'tcleptiona fiui'''>t,er thst M\\be
provicfed on the agenda for the meeiing,The Agenda f&f the meeling
will be posted in accortfante witli HR5 92.
Members
Contact Information
Correspondence and publlc testlmonv may be sent
t0-
Pisnmng Coinmission
c/o County of Kaoai Pianning Department
44d4 tice Sireet.Suite A473
Lihu'e.f<aua)9G766
Email.planni ngdep artment@ikaual.gov
ftione [808]3^1-^050
Q_Baaus£-8,seai ch ar^ked PlannTia
Lommisyon
Liquor Controi Commission
Open Space Commisslon
Plannlr.g Cofnm.ssion
Police Commi^sfon
Salary Comnniaskin
Click^Gm'
8uilding_Permlt&Qnljnel
t.hei.i.permit.pten tracking.and
inspection siatus online'
Mew to permitting?Get Femn^Ung
information HERE'
Gsra!d Ako Subdivision Connitt^a CF'3'r
Donna Apisa
Mehin Ghiba
Lori Otsuka
Plannlng Commfssion
Agenda
Wtdntsciiy May ^2P2.!
May 10.2022 PtannlflgCommissli
Agwida Pack.et
May ;.i 2022 Planning Cofnmisslon
Agenda Pactet
•L.<il3>t.'s.i .'J;;
May 10.20U PfitiqjnB Commlsslon
AgeQda
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Planning Commlssfon
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May 10.2032 Pjannjng Comnilssidfi
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Aprd 12.2022 Planntpg CominfSSlEUl^
ElrstAffditiOT.lo/aeQsla
Apri!12.202Z Planning C^nnmissioi'i •
First Addltion ;o Agenda
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ApriL>2,2022 Planning Qommi'
Agenda Packet
April t2.2022 Planning Cf.'mr-tisstori
^gentia Packet
Ffkta/far.ui'y14 203;
Seplember 19._
CommlssiMi Minutes
Sepiembef-23.iQ2 >Plantiing
Commis^ion kllpui:es
SfipKinb^f 14.;0;1 Planning
Conrunluton Mlnutei
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ApdLU.2022 Plannlpg Ccxnmisston
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Fublic HeanngNotice
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March 8.20?2 Planning (;pmni|ssk)n
Public HeflrJpg^jotlU
Maf;n 3,202^Planning Cornniission
Pub!ic HMring Nctice
EXHIBIT B
COUNTY OF KAUAI PLANNING COMMISSION -4444 Rice Street,Suitc A473,Lihue,
Kauai,Hawaii,96766,tel:(808)241-4050,email:planninedeDartment(g),kauai.gov.
NOT1CE IS I1EREBY GIVEN ofan agency hearing with a public hearing and an opportunity
for public testimony from all interested pcrsons to be held by the Kaua'i Planning Commission pursuant
to the provisions ofSpecial Management Area Rules,Kauai County Code,Chapter 8,as amended,Hawaii
Revised Statutes (HRS)Chapter 92 and 91,and the Rules ofPractice and Proccdure ofthe County of
Kauai Planning Commission.Thc hearing will be held regarding the following:
CLASS IV ZONING PERMIT (Z-IV-2022-8),USE PERMIT (U-2022-8)and SPECIAL PERMIT
(SP-2022-1)to operatc a construction material manufacturing facility on a parcel situated immediately
adjacent to the Old Koloa Sugar Mill site in Koloa,along the eastem side ofAla Kinoiki,approximately
3,300 feet west ofthc Weliweli Road/Ala Kinoiki intersection,further identified as Tax Map Key:2-9-
001:001,and affecting a 3-acre portionofa larger parcel.
CLASS IV ZONING PERMIT (Z-IV-2022-9)and USE PERMIT (U-2022-9)to allow
construction ofanew single-family dwelling unit on a parcel situated at the southern terminus ofLeleiona
Street in Puhi,situated approximately 800 feet south of its intersection with Puhi Road and further
identifiedas 1811 Leleiona Street,Tax Map Key:(4)3-3-011:003,containingatotalareaofapproximatcly
3.401 acres.
SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2022-6,CLASS IV ZONING
PERMIT (Z-IV-2022-10),USE PERMIT (U-2022-10),and VARIANCE PERMIT (V-2022-2)to allow
installation ofa stealth telecommunication structure and associated equipment on a parcel situated on the
makai side of Aleka Loop in Wailua,approximately 400 feet east of the Kuhio Highway/Aleka Loop
intersection,further identified as 650 Aleka Loop,Tax Map Key:(4)4-3-007:028 and containing a total
areaof 10.377 acres.
Meeting LThu'e Civic Center,Moikeha Building,Meeting Room 2A-2B,
Location:4444 Ricc Street,LThu'e,Kaua'i,Hawai'i
Interactive The public may attend the meeting via Zoom using the "Zoom link"and
Conference telephone using the "join by phone"telephone number that will bc provided
Tcchnoloey:on the agenda for the meeting.The Agenda for the meeting will be posted
in accordance with HRS 92.
Webcast Meeting:https://www.kauai.govAVebcast-Meetings
Date:
Timc:
May 10,2022
9:00 a.m.or shortly thereafter
Pursuant to Hawai'i Reviscd Statiites Section 92-3.7,which codified Act 220,SLH 2021,the meetings of
the County ofKaua'i Planning Commission will bc conducted as follows:
•The meeting location that will be open to the public with audiovisual cormection is:
o LThu'e Civic Center,MoikeTia Building
o Meeting Rqom 2A-2B
o 4444 Rice Street,LThu'e,Kaua'i,Hawai'i
•In addition to attendance in-person,the public may also attend the meeting by phone using the
"join by phonc"telephone number provided on the agenda.
EXHIBIT C
•The public may also attend the mccting through Zoom.Ifattending the meeting via Zoom,it shall
be the responsibility of the attendee to join the meeting through the Zoom link provided via E-
mail.In addition,it shall be the responsibility ofthe testifier to ensure that the Zoom software is
downloaded and operational prior to the meeting.Once you sign-in for the meeting,you will
receive the meeting link.
o You may usc a unique identificr (i.e.,an alias name and alias email addrcss)instead ofyour
real name to maintain anonymity.Please note that the unique Zoom meeting link will be
sent by Zoom to the Email that was entercd at sign-in.
•Also,the meeting will be live streamed and available as an archived meeting after completion at
www.kauai.gov/Webcast-Meetings.Please note that thc livestream broadcast does not allow
interaction between the viewer and Planning Commission.Also,video production scrvices or
enhancements ofthe recorded video will not be available.
•Written testimony may be submitted on any agenda item and submitted to
plarmingdeDartment(%kauai.gov or mailed to the Kauai County Planning Department
4444 Rice Street.,Ste A473,Lihue,Hawaii 96766.Written testimony received by the Planning
Department at least 24 hours prior to the mceting will be distributed to all Planning
Commissioners prior to the mecting.Any testimony received after this time and up to the start of
the meeting will be summarized by thc Clerk ofthe Commission during the meeting and added to
the record thereafter.
•Oral testimony will be taken during the public hearing portion of the meeting in-person at the
public meeting location,via Zoom link,or using the "join by phone"number listed on the agenda.
o All testifier audio and video will be disablcd until it is your turn to testify.
o Per the Planning Commission's and Chairs practice,there is three-minute time limit per
testifier,per agenda item.
o Ifthere are temporary technical glitches during your turn to testify,we may have to move
on to the next person due to time constraints;we appreciate your understanding.
•If any major and insurmountable tcchnical difficulties are encountered during the meetings,the
Planning Commission will continue all matters and reconvene at the next schedulcd Planning
Commission Meeting.
Petitions for intervenor status must be submitted to the Commission and the applicant at least seven
days prior to the date ofthc hearing advertised herein and shall be in conformance with Chapter 4 ofthe
Rules ofPractice and Procedure ofthe Planning Commission.A copy ofthe proposal will be emailed to
any interested person who requcsts a copy.Please submit your request to the Planning Department.
KAUAI PLANNING COMMISSION,Helen Cox,Chairperson,By Kaaina S.Hull,Clerk of the
Commission.
NOTE:IF YOU NEED AN AUXILIARY AID/SERVICE,OTHER ACCOMMODATION DUE
TO A D1SABILITY,OR AN INTERPRETER FOR NON-ENGLISH SPEAKING PERSONS,PLEASE
CONTACT THE OFFICE OF BOARDS AND COMMISSIONS AT (808)241-4917 OR
ASEGRETI@KAUAI.GOV AS SOON AS POSSIBLE.REQUESTS MADE AS EARLY AS POSSIBLE
WILL ALLOW ADEQUATE TIME TO FULFILL YOUR REQUEST.UPON REQUEST,THIS
NOTICE IS AVAILABLE IN ALTERNATE FORMATS SUCH AS LARGE PRINT,BRAILLE,OR
ELECTRONIC COPY.
Ptiblicalion Dale:April S,2022
BEFORE THE PLANNING COMMISSION
OFTHE
COUNTY OF KAUA'I
In the Matter ofthe Application
Of
HPM BUILDING SUPPLY,for a Special
Permit,Use Permit and Class IV Zoning Permit,
for Real Property Situated at Pa'a,District of
Koloa,Kaua'i,Hawai'i,and Being a Portion of
that Certain Parcel ofReal Property Identified by
Kaua'i Tax Map Key No.(4)2-9-001:001,and
containing an area of 1,076.073 acres,more or
less.
SPECIAL PERMIT SP-2022-1
USE PERMIT (U)-2022.8;and
CLASS IV ZONING PERMIT Z-IV-2022-
CERTIFICATE OF SERVICE
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a copy ofthe foregoing document was
served in the manner indicated below by Hand-Deliver or by U.S.Certified Mail,postage
prepaid,on the following:
KA'AINA S.HULL [via Hand-Delivery]
Planning Director
Planning Department
County ofKaua'i
4444 Rice Street,Suite A473
Lihue,HI 96766
LAURA BARZILAI,ESQ.
County ofKauai
County Attomey's Office
4444 Rice Street,Suite 220
Lihue,HI96766
[via Hand-Delivery]
Attomey for the Planning Commission
COMMUNITY ASSOCIATION OF [via U.S.Certified Mail,postage prepaid]
P01PU AINA ESTATES
c/o Jeff Masters
P.0.BOX 238
Koloa,HI 96756
DATED:Lihue,Kauai,Hawaii,May 19,2022.
CADES SCHUTTE LLP
A Limited Liability Law Partnership
MAUN~A~KEA~FRAS^J
Attomeys for Applicant
HPM BUILDING SUPPLY
6563546.v2
HPM Building Supply
Kōloa Kaua‘i Truss Facility
Providing a benefit and service to the community of Kaua‘i and local union
contractors and members.
May 24, 2022
HPM –100 Years of Commitment and Service
1921 Founded by issei Kametaro
Fujimoto and Sanzo Kawasaki
1941 Navy assumes control of
inventory, operations and employees
1946 Tsunami
1959 Employee profit sharing
2006 100% employee-owned
2011 Expands to Kauaʻi
2018 Kīlauea volcano eruption
and HalePlus
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Serving the Community
“[HPM] has been instrumental in keeping prices down for Kauai Habitat for Humanity at levels that our
low-income homebuyers can truly afford.”
“HPM supports not only Kauai Habitat, but also all four Habitat affiliates in Hawaii.”
“We sorely need competitive options for wood trusses as well as options to streamline our efforts
through the use of wall panels and other products for affordable residential construction.”
“HPM has high ethical standards and the Fujimoto family honors their community commitments.”
Kaua‘i Habitat for Humanity April 30, 2022 written testimony.
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Truss Facility Location
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Kōloa Mill Site
●Used for “industrial” purposes from
1912 to the present.
●Identified as a light industrial site in
the Kaua‘i Kakou General Plan
(2018).
●Location of the future Kōloa-Po‘ipū
Regional Wastewater Reclamation
Facility and Infiltration Pond.
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Truss Facility
●H.R.S. Ch. 205 allows mills, storage facilities, processing facilities.
●High-tech/low impact operation.
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May 2022 PRP Deception Campaign
●Facebook post linked to
actionnetwork.org petition.
●“Action Network is an open
platform that empowers
individuals and groups to organize
for progressive causes.”
●Use of actionnetwork.org to
support passage of Kumu Hou
project at Waikōloa, Veto of Maui
Bill 148, and Veto of Maui Bill 111.
●No fast track/harm to ag. land.
●No destruction of native species.
●No tenfold increase in traffic.
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Mahalo
Of Counsel:
DAMON KEY LEONG KUPCHAK HASTERT
Attorneys at Law
A Law Corporation
GREGORY W. KUGLE 6502-0
MAX J. KIMURA 7393-0
LOREN A. SEEHASE 10414-0
1003 Bishop Street, Suite 1600
Honolulu, HI 96813
www.hawaiilawyer.com
Telephone: (808) 531-8031
Facsimile: (808) 533-2242
Attorneys for THE COMMUNITY
ASSOCIATION OF POIPU AINA ESTATES
THE PLANNING COMMISSION
OF THE COUNTY OF KAUA’I,
STATE OF HAWAI’I
In the Mater of the Application
of
HPM BUILDING SUPPLY, for a Special
Permit, Use Permit, and Class IV Zoning
Permit, for Real Property Situated at Pa’a,
District of Koloa, Kaua’i, Hawai’i, and
Being a Portion of that Certain Parcel of Real
Property Identified by Kaua’i Tax Map Key
No. (4) 2-9-001-001, and containing an area
of 1,076.073 acres, more or less.
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SPECIAL PERMIT (SP-2022-1)
USE PERMIT (U-2022-8)
CLASS IV ZONING PERMIT (Z-IV-2022-8)
THE COMMUNITY ASSOCIATION OF
POIPU AINA ESTATES’
SUPPLEMENTAL PETITION TO
INTERVENE; DECLARATION OF MAX
J. KIMURA; EXHIBITS “A”;
CERTIFICATE OF SERVICE
DATE: May 24, 2022
TIME: 9:00 a.m.
THE COMMUNITY ASSOCIATION OF POIPU AINA ESTATES’
SUPPLEMENTAL PETITION TO INTERVENE
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The Community Association of Poipu Aina Estates (“Poipu Aina”), by and
through its attorneys Damon Key Leong Kupchak Hastert, respectfully submits its Supplemental
Petition to Intervene in the above-captioned proceeding, pursuant to Chapter 4 of the Rules
Practice and Procedure of the Kaua’i County Planning Commission.
I. INTRODUCTION
Poipu Aina is an adjacent neighbor to HPM Building Supply’s proposed
Construction Material Manufacturing Facility (“Facility”). Poipu Aina is directly situated
downhill and downwind from the proposed Facility. On May 9, 2022, Michael Clark, on behalf
of himself—whose lot is directly adjacent to the Facility—and the Community Members of
Poipu Aina, submitted a Petition to Intervene in HPM’s Application for Special Permit, Use
Permit, and Class IV Zone Permit (“Application”). Mr. Clark’s Petition is incorporated by
reference and is attached as Exhibit A.
HPM’s Facility would be a violation of the permissible uses within an agricultural
district, under Hawaii Revised Statutes § 205-4.5. Its Facility would not be “directly accessory”
to permitted agricultural activities identified in HRS § 205-4.5(a)(1 through 23), and therefore
shall be prohibited. Agricultural districts shall be restricted to agricultural uses and the County
Planning Commission may permit special uses that would promote the effectiveness and
objectives of HRS § 205, i.e. support agriculture businesses in Hawaii. HRS § 205-6(c). HPM’s
Facility to prefabricate trusses and houses would not support agriculture in Hawaii. It is
disingenuous for HPM to claim otherwise.
HPM’s Facility would be for industrial manufacturing. Let’s call a spade a spade.
HPM and its Facility would not be in any shape or form consistent with agriculture. It would not
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be in any way consistent with growing, milling, processing timber in Hawaii, not when it opens
and not anytime in the near future.
Euclidean Zoning enforces the separation of industrial land from agricultural and
residential land, and protects the latter zones from industrial pollution. It is obvious to any
reasonable person that HPM’s Facility would increase pollution—noise, air, and traffic—to the
surrounding area.
II. NATURE OF POIPU AINA’S STATUTORY OR OTHER RIGHT
Poipu Aina has a Constitutional and Statutory Right to enforce H.R.S. § 205—the
law related to the conservation, protection, and enhancement of natural resources—against its
adjacent neighbor, HPM Building Supply. HPM seeks a special use permit to erect and use an
industrial manufacturing facility on agricultural land which would violate Chapter 205.
Article XI, Section 9 of the Hawaii State Constitution establishes the right to a
clean and healthful environment which includes the control of pollution and the conservation,
protection, and enhancement of natural resources. “Any person may enforce this right against
any party, public or private, through the appropriate legal proceedings . . . .” Haw. Const. art XI,
§ 9. This right is made whole through HRS Chapter 205 which conserves, protects, and
enhances Hawaii’s land and provides the appropriate proceedings for people to enforce
responsible land regulation and use. The Hawai’i Supreme Court has specifically held that a
community association has standing and a private right of action to enforce HRS Chapter 205
against a neighbor. County of Hawai’i v. Ala Loop Homeowners, 123 Haw. 391 (2010).
III. NATURE AND EXTENT OF POIPU AINA’S INTEREST
Poipu Aina is a community of 17 homeowners, whose lots are adjacent to
Mahaulepu Farm LLC’s Lot, TMK (4) 2-9-001:001. See State of Hawaii Flood Hazard
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Assessment Report Map, Exhibit E-6 to HPM’s Application, which depicts and identifies “Poipu
Aina Pl.” the main road within Poipu Aina Community, directly adjacent to the Mahaulepu
Farm Lot. HPM Building Supply is licensing Mahaulepu Farm’s Lot in order to erect a gigantic,
4-story tall, 100-feet wide, and 260-feet long manufacturing facility. The exact location of this
manufacturing facility is situated within a half mile from Poipu Aina’s homes and lots.
The increased traffic, noise, and air pollution from this manufacturing facility
would substantially impact and harm Poipu Aina, which is located downwind, South-West, of
the prevailing, Trade Winds that blow from the North-East direction.
IV. EFFECT OF ANY DECISION IN THE PROCEEDING ON
POIPU AINA’S INTEREST
If the Kauai County Planning Department grants HPM’s Special Use Permit to
erect a manufacturing facility and therein, conduct industrial manufacturing on what is
historically designated as agricultural land, then Poipu Aina, an adjacent neighbor, will witness,
feel, and suffer the brunt of HPM’s destruction, endangerment, and deterioration of natural
resources.
V. EXTENT POIPU AINA’S INTEREST MAY BE REPRESENTED BY
EXISTING PARTIES
Poipu Aina is an adjacent neighbor and its homes and lots are the closest to
HPM’s proposed manufacturing facility. To our knowledge, there is no entity or persons that
will be more severely affected by HPM’s industrial manufacturing facility than Poipu Aina.
VI. EXTENT POIPU AINA’S INTEREST IN PROCEEDING DIFFERS FROM THAT
OF THE OTHER PARTIES
Poipu Aina would be closer to HPM’s industrial manufacturing facility than any
other community, homeowner, and resident of the Poipu area. However, besides the proximity,
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Poipu Aina’s interest are not that different from other parties. We believe that all of the residents
living in the Poipu area will detrimentally be impacted by HPM’s noise, air, and traffic pollution.
VII. EXTENT POIPU AINA’S PARTICIPATION CAN ASSIST IN
DEVELOPMENT OF A COMPLETE RECORD
Poipu Aina’s participation and contribution as an adjacent neighbor would
develop and complete the record on this issue of HPM’s application for a special use permit to
conduct industrial manufacturing on historically and appropriately designated, agricultural land.
VIII. POIPU AINA’S PARTICIPATION WILL NOT BROADEN OR DELAY
THE ISSUE
Poipu Aina’s participation in this matter will not broaden the issues or delay the
proceedings.
IX. THE POIPU AINA’S INTERVENTION WOULD SERVE
THE PUBLIC INTEREST
It is time for the people of Kauai to make a determination and set a precedent for
what kind of development and future it wants for themselves and their children. Poipu Aina is
committed to fighting for all of Kauai, to ensure the right to a clean and healthful environment is
protected and held sacrosanct. Poipu Aina will hold steadfast the goals of controlling pollution
and conserving, protecting, and enhancing our natural resources and not sacrifice them for the
low hanging fruit, which only offers short-term profit and few employment opportunities.
Poipu Aina’s intervention would serve the people of Kauai by participating in the
HPM’s application process and engaging in thoughtful dialogue with the parties involved. The
lessons and outcomes we all learn from this matter would help us to have a brighter, greener, and
more sustainable future.
Thank you for your kind consideration in this matter.
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DATED: Honolulu, Hawaii, May 23, 2022.
DAMON KEY LEONG KUPCHAK HASTERT
/s/ Max J. Kimura
________________________________
GREGORY W. KUGLE
MAX J. KIMURA
LOREN A. SEEHASE
Attorneys for THE ASSOCIATION OF
POIPU AINA ESTATES
THE PLANNING COMMISSION
OF THE COUNTY OF KAUA’I,
STATE OF HAWAI’I
In the Mater of the Application
of
HPM BUILDING SUPPLY, for a Special
Permit, Use Permit, and Class IV Zoning
Permit, for Real Property Situated at Pa’a,
District of Koloa, Kaua’i, Hawai’i, and
Being a Portion of that Certain Parcel of Real
Property Identified by Kaua’i Tax Map Key
No. (4) 2-9-001-001, and containing an area
of 1,076.073 acres, more or less.
Respondents.
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DECLARATION OF MAX J. KIMURA
DECLARATION OF MAX J. KIMURA
I, MAX J. KIMURA, declare as follows:
1. I am an attorney with the law firm of Damon Key Leong Kupchak Hastert,
attorneys for the COMMUNITY ASSOCIATION OF POIPU AINA ESTATES, and I am duly
licensed to practice in all courts in the State of Hawaii.
2. I am an attorney in good standing before the Hawaii Supreme Court.
3. I make this declaration on personal knowledge, unless otherwise indicated, and
am competent to testify to the matters stated herein.
4. Attached hereto as Exhibit “A” is a true and correct copy of Michael Clark’s
Petition to Intervene, dated May 9, 2022. Mr. Clark is a lot owner in Poipu Aina Estates and his
lot is directly adjacent to Mahaulepu Farm LLC’s lot, wherein HPM Building Supply proposes to
build its large, industrial manufacturing facility.
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5. Submitted with the foregoing Supplemental Petition to Intervene is a check for
$25.00 for the filing fee sent via U.S. Mail to the Kauai Planning Department.
I declare, under penalty of perjury, under the laws of the State of Hawaii that the
foregoing is true and correct.
Executed this 23rd day of May 2022, at Honolulu, Hawaii.
/s/ Max J. Kimura
MAX J. KIMURA
EXHIBIT “A”
Community Association of Poipu Aina Estates
C/O Jeff Masters
P.O. Box 238
Koloa, HI 96756
May 9, 2022
Kauai County Planning Department
4444 Rice St, Suite 473
Lihue, HI 96766
RE: CLASS IV ZONING PERMIT (Z-IV-2022-8), USE PERMIT (U-2022-8) and SPECIAL PERMIT (SP-2022-1) to
operate a construction material manufacturing facility on a parcel situated immediately adjacent to the Old Kōloa
Sugar Mill site in Kōloa, along the eastern side of Ala Kinoiki, approximately 3,300 feet west of the Weliweli Road/Ala
Kinoiki intersection, further identified as Tax Map Key: 2-9- 001:001, and affecting a 3-acre portion of a larger parcel.
Petition to Intervene
We respectfully request that you accept this Petition to Intervene on behalf of the Community of Poipu Aina Estates.
We are very concerned that the HPM facility will negatively impact the traffic, air quality, noise and view plains in and
around our community. HPM asserts that there will be little to no impact in these areas but we disagree. Some of our
concerns are as follows:
Traffic noise of trucks on the gravel road starting as early as 6 am.
Visual impact of a large, open ended tent.
Noise created by the saws and other power tools, trucks and equipment, especially as our community is
downwind of the facility.
Lack of sound control based on the open tent like nature of the structure.
Visual impact of the power lines being pulled to the facility.
Largely obstructed view of the sugar mill.
Decrease in property values for our community.
Increased trucking traffic on the South shore specifically the narrow, already congested streets in and around
Koloa town.
The traffic assessment done by HPM was done on 12/10/21 while tourism was still significantly lower because of
COVID 19.
Allowing this facility to operate along the main artery road of Ala Kinoiki, where thousands a day access the
Poipu area resorts and beaches.
The letter sent by cades & schutte dated April 5, 2022 to “persons listed on the current real property assessment
notice list within 30 feet from the subject property” did not contain accurate information on attending the
Planning Commission meeting via Zoom on 5/10/22 as the zoom link provided was from a past meeting. This
may make it difficult for residents to attend the public hearing via zoom if unable to attend in person.
The peacefulness and beauty surrounding the area around the Old Koloa Mill that is valued by locals and tourists
alike.
Sincerely,
Michael Clark, member, on behalf of
The Community Members of Poipu Aina Estates
EXHIBIT "A"
THE PLANNING COMMISSION
OF THE COUNTY OF KAUA’I,
STATE OF HAWAI’I
In the Mater of the Application
of
HPM BUILDING SUPPLY, for a Special
Permit, Use Permit, and Class IV Zoning
Permit, for Real Property Situated at Pa’a,
District of Koloa, Kauai, Hawai’i, and Being
a Portion of that Certain Parcel of Real
Property Identified by Kaua’i Tax Map Key
No. (4) 2-9-001-001, and containing an area
of 1,076.073 acres, more or less.
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CERTIFICATE OF SERVICE
CERTIFICATE OF SERVICE
I hereby certify that a true and accurate copy of the foregoing document was duly
served upon following entities at their last known addresses and via Email, as follows:
KAUAI PLANNING DEPARTMENT
planningdepartment@kauai.gov
4444 Rice Street, Suite A473
Lihue, Hawaii 96766
CADES SCHUTTE
Mauna Kea Trask (mtrask@cades.com)
PO Box 1205
Lihue, HI 96766
Attorneys for
HPM BUILDING SUPPLY
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COX FRICKE LLP
Abigail M. Holden (aholden@cfhawaii.com)
Christine A. Terada (cterada@cfhawaii.com)
800 Bethel Street, Suite 600
Honolulu, HI 96813
Attorneys for
PACIFIC RESOURCE PARTNERSHIP
DATED: Honolulu, Hawaii, May 23, 2022.
DAMON KEY LEONG KUPCHAK HASTERT
/s/ Max J. Kimura
________________________________
GREGORY W. KUGLE
MAX J. KIMURA
LOREN A. SEEHASE
Attorneys for THE COMMUNITY
ASSOCIATION POIPU AINA ESTATES