HomeMy WebLinkAboutAgenda 11-8-11 REGULAR MEETING web KAUAI PLANNING COMMISSION
REGULAR MEETING
Tuesday, November 8, 2011
8:30 A.M. Lihue Civic Center, Moikeha Building
Meeting Room 2A-2B
4444 Rice Street, Lihue, Kauai, Hawaii
AGENDA
Call to Order
Approval of the Agenda
Receipt of Items for the Record
Minutes—Regular Meeting of October 11, 2011
Hearings Officer Special Meeting of October 19, 2011
A. GENERAL BUSINESS MATTERS (For Action)
1. Annual Status Report No. 4, (September 8, 2011) from Michael J. Belles, Esq.,
Belles Graham Proudfoot Wilson & Chun LLP, for Special Management Area Use
Permit SMA(U)-2007-13, Project Development Use Permit P. D. U-2007-25 and
Class IV Zoning Permit Z-IV-2007-29, Tax Map Key 2-8-16: 3 & 4 and 2-8-15: 43,
44 & 82, Po'ipu, Kaua'i=SVO Pacific, Inc.
a. Staff Report pertaining to this matter.
2. In the Matter of Petition to Appeal Decision of the Planning Director, Tax Map Key
(4)-5-2-022: 064: 0019,James Stigler and Lisle Stigler.
a. Michael A. Dahilig's Motion to Dismiss James Stigler and Lisle Stigler's Appeal
of Determination of Incomplete Application to the Planning Commission.
b. Applicants' Opposition to Michael A. Dahilig's Motion to Dismiss James Stigler
and Lisle Stigler's Appeal of Determination of Incomplete Application to the
Planning Commission.
3. In the Matter of Petition to Appeal Decision of the Planning Director(Tax Map Key:
(4)-4-9-014: 020 (2),Robert Davidson and Julie Valentine.
a. Michael A. Dahilig's Motion to Dismiss Robert Davidson and Julie Valentine's
Appeal of Determination of Incomplete Application to the Planning Commission.
b. Applicants' Opposition to Michael A. Dahilig's Motion to Dismiss Robert
Davidson and Julie Valentine's Appeal of Determination of Incomplete
Application to the Planning Commission.
4. In the Matter o£ Petition to Appeal Decision of the Planning Director (Tax Map
Key: (4)-4-5-2-004: 064: 0003,Lee Unkrich and Laura Century Family Trust.
a. Michael A. Dahilig's Motion to Dismiss Lee Unkrich and Laura Century Trust's
Appeal of Determination of Incomplete Application to the Planning Commission.
b. Applicants' Opposition to Michael A. Dahilig's Motion to Dismiss Lee Unkrich
and Laura Century Trust's Appeal of Determination of Incomplete Application to
the Planning Commission.
B. COMMUNICATION (For Action) (NONE)
C. SUBDIVISION — Action on subdivision matters listed in the Subdivision Committee
Agenda(attached). (NONE)
D. UNFINISHED BUSINESS (For Action)
1. Special Permit SP-2011-11 to permit use of an existing single family residence for
Transient Vacation Rental purposes as permitted by County of Kaua'i Ordinance No.
904, in Moloa'a, Kaua'i, approx. 650 ft. south of the northern terminus of Moloa'a
Road, further identified as Tax Map Key 4-9-14: 10, and containing an area of.2984
acre =Paul & Cheri Gienger and Arthur &Keri Koebel. [Hearings Officer Special
Meeting Public Hearing closed 10/19/11, refer to 10/19/11 Minutes.]
a. Supplemental No. 1 Director's Report pertaining to this matter.
2. Special Permit SP-2011-13 to permit use of an existing single family residence for
Transient Vacation Rental purposes as permitted by County of Kaua'i Ordinance No.
904, in Kalihikai ('Anini), Kaua'i, mauka of and adjacent to 'Anini Road, approx.
1,950 ft. east of the 'Anini Beach Park, further identified as Tax Map Key 5-3-4: 29,
and containing an area of 13,610 sq. ft. = Linda Cunningham. [Hearings Officer
Special Meeting Public Hearing closed 10/19/11, refer to 10/19/11 Minutes.]
a. Supplemental No. 1 Director's Report pertaining to this matter.
3. Special Permit SP-2011-17 to permit use of an existing single family residence for
Transient Vacation Rental purposes as permitted by County of Kaua'i Ordinance No.
904, in Kalaheo Homesteads, Kauai, east of and adjacent to the end of Waewae
Place, further identified as Tax Map Key 2-4-2: 20 (2), and containing an area of
.776 acres of the overall 1.034 acre site =Faye Brenner. [Hearings Officer Special
Meeting Public Hearing closed 10/19/11, refer to 10/19/11 Minutes.]
a. Supplemental No. 1 Director's Report pertaining to this matter.
4. Special Permit SP-2011-18 to permit use of an existing single family residence for
Transient Vacation Rental purposes as permitted by County of Kaua'i Ordinance No.
904, in Moloa'a, Kaua'i, approx. 140 ft. south Moloa'a Road's north terminus,
further identified as Tax Map Key 4-9-4: 16, and containing an area of.0617 ac., or
2,687 sq. ft.
= Gary &Apolonia Stice. [Hearings Officer Special Meeting Public Hearing closed
10/19/11, refer to 10/19/11 Minutes.]
a. Supplemental No. 1 Director's Report pertaining to this matter.
5. Special Permit SP-2011-23 to permit use of an existing single family residence for
Transient Vacation Rental purposes as permitted by County of Kaua'i Ordinance No.
904, in Kalihikai ('Anini), Kaua'i, mauka of and adjacent to 'Anini Road, approx.
1,100 ft. east of the 'Anini Beach Park, further identified as Tax Map Key 5-3-4: 26
(2), and containing an area of 29,700 sq. ft. of the overall 47,700 sq. ft. site =
William & Mary Ellen Turk. [Hearings Officer Special Meeting Public Hearing
closed 10/19/11, refer to 10/19/11 Minutes.]
a. Supplemental No. 1 Director's Report pertaining to this matter.
6. Special Permit SP-2011-30 to permit use of an existing single family residence for
Transient Vacation Rental purposes as permitted by County of Kaua'i Ordinance No.
904, in Kalihikai ('Anini), Kaua'i, mauka of and adjacent to 'Anini Road, approx.
1,000 ft. east of the 'Anini Beach Park, further identified as Tax Map Key 5-3-4: 25,
and containing an area of 32,670 sq. ft. = Torey/Cory LLC [Hearings Officer
Special Meeting Public Hearing closed 10/19/11, refer to 10/19/11 Minutes.]
a. Supplemental No. 1 Director's Report pertaining to this matter.
Planning Commission Agenda
November 8,2011
E. PUBLIC HEARING (NO EARLIER THAN 9:00 A.M.)
1. Special Management Area Use Permit SMA(U)-2012-1, Use Permit U-2012-6 and
Class IV Zoning Permit Z-IV-2012-6 to construct and operate a grease interceptor, 2
wastewater pumps and connections in Po'ipu, located at the intersection of Hoone
Road and Hoowili Road, further identified as Tax Map Keys 2-8-017: 001, 007, 011,
023, & 15 and affecting portions of approx. 26.5 acres =Lealani Corp. [Director's
Report received 10/25/11.]
a. Form Letters received in support of application:
1. Sherrie Orr(9/29/11)
2. Joe&kellie McEvoy(9/19/11)
3. Janice Echternach(9/20/11)
4. Celia Rane Aller(9/18/11)
5. Sweden Kealoha(9/19/11)
6. Renee Klaeger(9/18/11)
7. Rebecca Morehead(9/18/11)
8. Jessica Lopez(9/18/11)
9. Kandice Poloa(9/16/11)
10. Hazel Lagundino(9/16/11)
11. Tyson Valente-Gonsalves (9/15/11)
12. Willaim Zakour(9/15/11)
13. Bianca Gomez(9/15/11)
14. Primo Lagundino (9/15/11)
15. Ryan Hoku Gordines (9/15/11)
16. Jason L. Brown(9/14/11)
17. Jabrille Richards (9/15/11)
18. Gina Pereza(9/15/11)
19. Alanna White (9/15/11)
20. Candice Deusbicey(9/14/11)
21. Kristy Kinimaka(9/13/11)
22. Kody Fortier(91/13/11)
23. Chuck Olson(9/13/11)
24. Aaron Hendrickson(9/16/11)
25. Lawrence Chaffin, Jr. (10/29/11)
F. NEW BUSINESS
1. For Action-See Agenda E for Project Descriptions.
a. Special Management Area Use Permit SMA(U)-2012-1, Use Permit U-2012-6
and Class IV Zoning Permit Z-IV-2012-6=Lealani Corp.
2. For Acceptance into Record - Director's Report(s) for Proiect(s) Scheduled for
Public Hearing on 11/22/11.
a. Class IV Zoning Permit Z-IV-2012-9 to construct a new locker room building for
the existing football stadium facility, and Variance Permit V-2012-6 to deviate
from the requirements noted in Section 8-5.5(a) of the Kaua'i County Code (1987)
relating to land coverage within the Open zoning district, located within the
Kapa`a New Town Park, approx. 1,300 ft. north of the Kahau Road/Olohena Road
intersection, further identified as Tax Map Key 4-5-015: 032 (por.), and
containing a total area of 18.083 acres = County of Kaua'i, Department of Parks
and Recreation.
1. Director's Report pertaining to this matter.
b. Special Management Area Use Permit SMA(U)-2012-2, Use Permit U-2012-8
and Class IV Zoning Permit Z-IV-2012-8 to construct a farm dwelling unit,
gazebo, and associated improvements on a parcel within the Open/Special
Treatment-Resource District (O/ST-R), further identified as Lot 7 of the Kahili
Makai Subdivision, approx. 3/4 mile north of the Kahili Makai Road/Kuhi`6
Highway intersection, Tax Map Key 5-2-021: 007, Unit 4, and affecting a total
area of 11.612 acres =Kahili Makai Holdings, LLC.
1. Director's Report pertaining to this matter.
Planning Commission Agenda
November 8,2011
F. NEW BUSINESS (Cont'd)
2. For Acceptance into Record — Director's Report(s) for Proiect(s) Scheduled for
Public Hearing on 11/22/11. (Cont'd)
c. Project Development Use Permit P.D.U-2012-1, Use Permit U-2012-7, Variance
Permit V-2012-5 and Class IV Zoning Permit Z-IV-2012-7 for development of a
commercial shopping center that includes a mixture of commercial/retail uses,
offices, restaurant, bank, and health clinic, on property located within Kilauea
Town, situated immediately across the Kong Lung building, along the north side
of the Kilauea Lighthouse Road/Keneke Road intersection, further identified as
Tax Map Key 5-2-023: 027 & 028, and containing a total area of 7.46 acres =
Kilauea Ventures,LLC.
1. Director's Report pertaining to this matter.
3. For Acceptance and Finalization — Director's Report for Shoreline Setback
Activity Determination.
a. Shoreline Setback Determination SSD-2012-08 and Shoreline Setback
Commission Review SSCR-2012-04 for a shoreline activity determination, Tax
Map Key 2-8-017: 001, for acceptance by the Planning Commission = Lealani
Corporation dba Brennecke's.
1. Director's Report pertaining to this matter.
b. Shoreline Setback Determination SSD-2012-07 and Shoreline Setback
Commission Review SSCR-2012-03 for a shoreline activity determination, Tax
Map Key 5-5-001:012, for acceptance by the Planning Commission = Nathan
Ham ar.
1. Director's Report pertaining to this matter.
G. ANNOUNCEMENTS
1. The next scheduled public hearing to be held by the Kauai Planning Commission's
Hearings Officer will be held at 9:00 a.m., or shortly threafter at the County of Kaua'i
Board of Water Supply Board Room, located on the second floor of the Kaua'i County
Department of Water's Microbiology Lab Building, 4398 Pua Loke Street, Lihu'e,
Kaua'i, Hawai'i 96766 on Friday,November 18,2011.
2. The following scheduled Planning Commission meeting will be held at 9:00 a.m., or
shortly thereafter at the Lihu'e Civic Center, Moikeha Building, Meeting Room 2A-
2B, 4444 Rice Street, Lihu'e, Kaua'i, Hawai'i 96766 on Tuesday, November 22,
2011.
3. The next scheduled public hearing to be held by the Kaua'i Planning Commission's
Hearings Officer will be held at 9:00 a.m., or shortly threafter at the Lihu'e Civic
Center, Moikeha Building, Meeting Room 2A-2B, 4444 Rice Street, Lihu'e, Kaua'i,
Hawai'i 96766 on Tuesday,November 29,2011.
H. ADJOURNMENT
EXECUTIVE SESSION: The Commission may go into an executive session on an agenda item for
one of the permitted purposes listed in Section 92-5(a) Hawaii Revised Statutes ("H.R.S."),
without noticing the executive session on the agenda where the executive session was not
anticipated in advance. HRS Section 92-7(a). The executive session may only be held,
however, upon an affirmative vote of two-thirds of the members present, which must also
be the majority of the members to which the board is entitled. HRS Section 92-4. The
reason for holding the executive session shall be publicly announced.
NOTE: Special accommodations and sign language interpreters are available upon request
five (5) days prior to the meeting date, to the County Planning Department, 4444 Rice
Street,Lihue, Hawaii 96766. Telephone: 241-4050.
Planning Commission Agenda
November 8,2011