NOTICE OF INTENT TO FILE A LAND USE DISTRICT
BOUNDARY AMENDMENT PETITION
NOTICE IS HEREBY GIVEN that the Petitioner, COUNTY OF KAUAI (“County”) through its Housing Agency, a political subdivision of the State of Hawaii by and through its legal counsel, THE OFFICE OF THE COUNTY ATTORNEY OF THE COUNTY OF KAUAI and its’ special legal counsel, MCCORRISTON MILLER MUKAI MACKINNON, a limited liability law partnership LLP, intends to file a Land Use District Boundary Amendment Petition with the Land Use Commission of the State of Hawaii on June 13, 2017 as provided for in Sections 205-4 and 201H-38, Hawaii Revised Statutes, as amended, and Section 15-15-97(b) of the Hawaii Administrative Rules, Title 15, Subtitle 3, Chapter 15, Subchapter 13, as amended. The County shall hereinafter be referred to as “Petitioner.”
County of Kauai, Housing Agency
4444 Rice Street, Suite 330
Lihue, Hawaii 96766
PETITIONER’S PROPERTY INTEREST
The subject property is owned in fee by Petitioner.
To reclassify the subject property from the State Land Use Agricultural District to the State Land Use Urban District.
TAX MAP KEY NO.
The subject property consists of approximately 75 acres.
Eleele, Kauai, Hawaii
EXISTING LAND USE
The subject property is currently used for agriculture and is bound by agricultural lands to the north and east, Halewili Road to the south, and contiguous to State Land Use Urban District land along a portion of its western boundary with Kaumualii Highway to the west. The property consists of approximately 75 acres located in Eleele, Kauai, Hawaii with a downward slope in the makai direction from north to south from 275 to 175 feet above mean sea level.
Petitioner proposes residential development on the property, to utilize the density for up to 550 residential units (single-family and multi-family) to provide needed affordable housing supply for Kauai. All units will be affordable as defined by Chapter 7A of the Kauai County Code, and offered for sale or rent to households who earn no more than 140% of the Kauai median household income. The proposed project is also anticipated to include a community park, a water storage tank, bike and pedestrian paths, and landscaped areas. Petitioner is using the property for the Lima Ola project. Because all units will be affordable, Lima Ola qualifies as an affordable housing project under Section 201H-38, Hawaii Revised Statutes, as amended. Petitioner is seeking exemption from State and County land use regulations and is proceeding under the fast tracking procedures provided under HRS §201H-38.
DATE OF FILING OF PETITION
June 13, 2017
RIGHTS OF INTERESTED PERSONS
All persons who have some interest in the subject property, who lawfully reside on the subject property, or who otherwise can demonstrate that they will be so directly and immediately affected by the proposed change that their interest in the proceeding is clearly distinguishable from that of the general public may submit petitions to intervene to the Land Use Commission up to fifteen (15) days after this Notice of Intent is published, pursuant to Sections 15-15-97(b)(3) and 15-15-97(e) of the Hawaii Administrative Rules. All other persons who wish to present testimony as a public witness may submit a written request to the Land Use Commission no later than seven (7) days prior to the published hearing date. The Commission will publish the notice of hearing at a later date.
Any questions or requests for additional information may be referred to:
County of Kauai, Housing Agency MCCORRISTON MILLER MUKAI
Attn: Keith Perry MACKINNON
4444 Rice Street, Suite 330 Attention: David L. Minkin, Esq.
Lihue, Hawaii 96766 Five Waterfront Plaza, 4th Floor
500 Ala Moana Boulevard
Honolulu, Hawaii 96813