LIHU‘E — Less than a week after the Kaua‘i Planning Commission granted permits to allow Phase II of the Anaina Hou Project in Kilauea to go forward, the Executive Committee of Kaua‘i’s Sierra Club expressed its concerns in writing. “The
LIHU‘E — Less than a week after the Kaua‘i Planning Commission granted permits to allow Phase II of the Anaina Hou Project in Kilauea to go forward, the Executive Committee of Kaua‘i’s Sierra Club expressed its concerns in writing.
“The Kaua‘i Group of the Sierra Club desires to bring to your attention its serious concerns in regard to the Planning Commission’s April 12 approval of a Special Permit (SP-2010-3) for Kilauea Pavilion,” Brad Parsons, on behalf of Sierra Club, said in a letter dated April 18 and addressed to the commission and the county Planning Department.
Anaina Hou on April 12 was granted permits to build an amphitheater, a convention hall, a movie theater and a commercial kitchen behind the Kilauea Miniature Golf Course.
Parsons said in the letter that Sierra Club executive committee members believe that the special permit process is not appropriate to grant uses of commercial projects on lands zoned state agricultural and county open spaces, that the Kilauea Pavilion doesn’t meet criteria for the special permit approval and the commission’s approval could have long-term negative effects for Kaua‘i’s ag lands.
The project gained exposure last year when the board of Kalihiwai Ridge Community Association opened a contested case against Anaina Hou.
Many residents of Kalihiwai Ridge felt that they had been misrepresented. The board was replaced at a meeting in February, and the contested case was subsequently dropped.
When the commission on April 12 reviewed the permit request, community members mainly from Kilauea and Kalihiwai Ridge crowded the meeting.
Project opponents, although largely outnumbered — and at times even hostilized by the crowd for testifying past the three-minute mark — stepped forward showing concern for noise pollution, zoning violations and other issues.
The commission granted Anaina Hou the necessary permits, but under a set of 19 conditions to mitigate possible problems — especially noise pollution — to Kalihiwai Ridge residents. But those who opposed the project weren’t satisfied.
The letter
Committee member Carl Imparato said the Sierra Club letter was reviewed by the seven-member committee and approved by a majority before being submitted to the commission.
The seven committee members are Parsons (conservation and alternative energy), Imparato (conservation), Margery Freeman (conservation), Judy Dalton (beach protection and access, outings), Caren Diamond (ocean setbacks, GMOs and pesticide use), Rayne Regush (conservation and land use) and Jimmy Trujillo (conservation and environmental justice).
“I have nothing to do with it,” said Freeman, explaining that she has been away, and the members to talk to would be Rayne Regush or Judy Dalton.
“As far as we understand Kaua‘i’s zoning laws and land use regulations, the appropriate process for considering commercial projects on land zoned agricultural district would be to request a variance or rezoning and not a county Special Use Permit,” Regush said.
Dalton said the committee reached a conclusion as a majority, following democratic procedures.
“Our Sierra Club votes as a unit, and how each individual person voted is not of any importance to anybody,” she said. “The only thing that matters is how the majority voted.”
Dalton said it was “really irrelevant” how each member voted, besides being confidential. She was surprised that committee members were asked how they voted to approve the letter, because “there’s no need.”
Diamond declined to comment.
Parsons said a super-majority of the executive committee voted in favor of the letter for the reasons listed in such.
“We don’t usually parse these votes,” he said. “That letter is the official position of the Sierra Club Kaua‘i Group.”
Trujillo said he voted in favor of submitting the letter.
“I felt it was appropriate for the Sierra Club to point out that the process may be flawed or inappropriate,” he said.
The decision-making process, Trujillo said, is not always easy with the executive committee; consensus is often the ideal, but difficult to reach sometimes.
“The decision to provide testimony was based on compelling arguments that the land use zoning issues were significant enough to ask the Planning Commission to reconsider or defer,” said Trujillo, adding that if the applicant re-submits to the state Land Use Commission — which is still an option — Sierra Club’s main concerns would be addressed.
Five-point criteria
Trujillo said the letter reflects the group’s position that the pavilion doesn’t meet the five-point criteria.
“The Kilauea Pavilion proposal does not pass the five-point test that must be met under statute and Neighborhood Board number 24,” according to the letter.
The commercial use of ag district land goes against land use laws and regulations, the “uncontrollable crowd-generated noise” would adversely affect neighbors, the applicant didn’t make adequate showing that the project would be a burden to county agencies liable for fire suppression or sewage, no unusual needs have arisen that would require the ag lands to be used for commercial means and the land is still suited for agricultural activities, according to the letter.
“We believe that an unbiased assessment would conclude that the five necessary conditions — all of which must be met — have not been met by the Kilauea Pavilion proposal, requiring denial of the Special Permit for the proposed commercial amphitheater on this agricultural land,” Parsons said in the letter.
If the commission’s decision stands, the letter stated, it would set a precedent, allowing future developers’ attorneys to demand equal treatment when applying for similar permits on other parts of the island.
“The consequences of allowing the approval of this Special Permit to stand would be far-reaching and staggering,” Parsons said in the letter. “We therefore urge the commission to seriously consider those consequences while there is still opportunity to do so.”
Despite the official letter requesting the commission to consider the importance of “upholding the integrity” of the planning process and county and state zoning and land use laws, the agenda for the commission’s meeting Tuesday shows no request for re-consideration of the granted permits.
The commission granted Anaina Hou a Special Permit (SP 2010-3), a Use Permit (U-2010-4) and a Class IV Zoning Permit (Z-IV-2010-15).
Go to www.kauai.gov or www.hawaii.sierraclub.org/kauai for more information.
• Léo Azambuja, staff writer, can be reached at 245-3681 (ext. 252) or lazambuja@ thegardenisland.com.
