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Home My WebLink Aboutpc12-13-11agenda R E_C-E 1\1E D KAUAI PLANNING COMMISSION REGULAR MEETING '11 DEC -7 P, 4 :07 Tuesday, December 13, 2011 V7F THE C W, C,GUM!Ty 19:00 A.M. Lihue Civic Center, Moikeha Building Meeting Room 2A-2B 4444 Rice Street, Li'hue, Kauai, HAwaii AGENDA Call to Order Approval of the Agenda Receipt of Items for the Record Minutes—Regular Meetings of November 8, 2011 and November 22, 2011 A. SPECIAL ORDER OF THE DAY - Special Permit SP-2011-22 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. 2,650 ft. northeast of the Old Kilhi'a Highway and Moloa'a Road intersection, further identified as Tax Map Key 4-9-13: 1 (Unit B aka "Skippers") and cont4ining a unit area of 14,839 sq. A. of a 31,246 sq. ft. patcel =Aldo & Lisa AlbertonL [Hearings Officer Special Meeting Public Hearing held 11/18/11, Motion to approve not carried due to split 3/3 vote 11/22/11.] B. GENERAL BUSINESS MATTERS (For Action) 1. Annual Status Report 2000 (2/11/11) regarding Compliance with Permit Conditions and request to amend Condition No. 10 to allow additional time to complete project, submitted by Robert Q Bruhl,'Vice President, for Project Development Use Permit P.D.U-2006-19, Variance Permit V-2006-08 and Class IV Zoning Permit Z-IV-2006- 24 for D. R. Horton - Schuler Division, Tax Map Key 3-7-003: 020, HanamWulu, Kaua!i. a. Staff Report pertaining to this matter. 2. Annual Status Report (11/17/09) submitted by Avery H. YoLm' , Authorized Agent for Special Management Area Use Permit SMA(U)-2004-6, Project Development Use Permit P.D. U-2004-30 and Class IV Zoning Permit Z-IV-2004-35 for Poipfi Beach Villas,LLC, Tax Map Key 2-8-015: 025-037, 045-074, 081, Po'ipii, Kaua!i. a. Staff Report pertaining to this matter, 3. Update on Long Range Projects 4. Executive Session: Pursuant to H4wai'i Revised Statutes 92-4, 92-5(a)(4), and Kaua'i County Charter Section 3.07(E), the Office of the County Attor�ney requiests an executive session with the Planning Commission to discuss matters pertaining to Hawai'i Revised Statutes Section 514B and the provisions of Ordinance No. 904. This, briefing and consultation involves the consideration of the powers, duties, privi,leges, immunities and/or liabilities of the Planning Commission and the County as they relate to this agenda item. C. COMMUNICATION (For Action) (NONE) D. SUBDIVISION — Action on subdivision matters listed in the Subdivision Committee Agenda(attached). E. UNFINISHED BUSINESS (For Action) 1. Special Management Area Use Permit SMA(U)-2012-2, Use Permit U-2012-8 and Class IV Zamng Permit Z-IV-2012-8 to construct a farm dwelling unit, gazebo, and associated improvements on a parcel within the O�en/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: [Director's Report received 11/8/11, hearing closed 11/22/11.] 2. Special Permit SP-2011-33 to permit use of an existing single family residence for Transient Vacation Rental purposes as permitted by County of Kauai Ordinance No. 904, in Kalihikai ('Anini), Kauai, mauka of and adjacent to 'Anini Road,approx. 870 ft. east of the 'Anini Beach Park, further identified as Tax Map Key 5-3-4: 30, and containing an arba of 28,680 sq. ft. = Barn'et& Julie Feinblum. '[Hearing's Officer Special Meeting Public Hearing held 11/29/11.] a. Supplemental No. 1 Director's Report pertaining to this matter. 3. Special Permit SP-2011-29 to permit use of an existing single family residence for Transient Vacation Rental purposes as permitted by County of Kauai Ordinance 14o. 904; in Kilauea, Kauai, approx. 3,100 ft. west of the Kauapea Road 4nd Kilauea Lighthouse Road intersection, further identified as Tax Map Key 5-2-5: 29 (Unit A), and containing a unit size of 3.041 acre's of a 5.041 acre parcel =Andrew Haas dba Dali Hale LLG [Hearing's Officer Special Meeting Public Hearing held 11/29/11.] a. Supplemental No. 1 Director's Report pertaining to this matter. 4. Special Penhit SP-2011-15 to permit use of an ekistirig single family residence for Transient Vacation Rental purposes as permitted by County of Kauai Ordinance No. 904, in Kilauea, Kauai, approx. 2;800, ft. north Of the Waiakalua Street and Kfzhi`6 Highway intersection, further identified as Tax Map Key 5-1-5: 47 (Unit C), and containing a unit size of_2.69 acres of a 10.902 acre parcel = Michael Testa. [Hearing's Officer Special Meeting Public Hearing held 11/29/11.] a. Supplemental No. 1 Director's Report pertaining to this matter. 5. Special Permit 8P-2011-24 to permit use of an existing single family residence for Transient Vacation Rental purposes as permitted by County of Kauai Ordinance No. 904, in Kalihikai('Anini),Kauai;mauka of and adjacent to 'Anini Road, approx. 430 ft. east of the 'Anini Beach Park, figther identified as Tax Map Key 5-3-4: 20 and containing an overall size of .25 acre = Weatherwax Family 2000 Trust. [Hearing's Officer Special Meeting Public Hearing held 11/29/11.] a. Supplemental No. 1 Director's Report pertaiitilg to this matter. 6. Special Pehnit SP-2012-34 to permit use of an existing single family residence (ADU) for Transient Vacation Rental purposes as permitted by County of Kauai Ordinance No. 904, in Kalihikai ('Anini), Kauai, mauka of and adjacent to 'Anini Road, approx. 430 ft. east of the 'Anini Beach Park, further identified as Tax Map Key 5-3-4: 20 and containing an overall size of.25 acre= Weatherwax Family 2000 Trust. [Hearing's Officer Special Meeting Public Hearing held 11/29/11.1 a. Supplemental No. 1 Director's Report pertaining to this matter. 7. Special Permit SP-2012-3 to permit use of an existing single family residence for Transient Vacation Rental purposes as permitted by County of Kauai Ordinance No. 904, in East Waiakalua, Kauai, approx. 1,100 ft. south of the Waiakalua Street and Kuhi`6 Highway intersection, further identified as Tax Map Kby 5-1-5: 28 (Unit 1), and comprised of a unit size of 2.983 acres of a 10.006 acre parcel = Steve Aunt. [Hearing's Officer Special Meeting Public Hearing held 11/29/11:] a. Supplemental No. 1 Director's Report pertaining to this matter. Planning Commission Agenda December 13,2011 F. PUBLIC HEARING 1. Continued Public Hearin: (NONE) 2. New Public Hearin: a. Use Permit U-2012-10, Class IV Zoning Permit Z-IV-2012-12 for development of an emergency generator facility and Variance Permit V-2012-7 to deviate from the requirements noted in Section 8-3.5(d) of the Kauai County Code (1987) relating to the maximum land coverage of a residential zoned lot, situated on the grounds of the existing Lillu'e State Office Building in Lihde, at the Eiwa Street/Hardy Street intersection, further identified as Tax Map Key 3,-6-005: 011, and containing a total area of 66,983 sq. ft. = State of Hawaii DADS. [Director's Report received 11/22/11.] 1. Supplemental No. 1 Director's Report. b. Use Permit U-2012-9, Class IV Zoning Permit Z-IV-2012-10 and Special Management Area Use Permit SMA(U)-2012-3 to permit the construction anc operation of a solar power facility on a property located on Kauai` Beach Drive, approx. 0.3 miles east of the intersection of Kaua'i Beach Drive and Kuhi`o Highway, Hanama'ulu, Kauai, further identified as Tax Map Key 3-7-003: 015, and affecting an area,of approx. 44,361 sq. ft.=Kauai Beach Resort. [Director's Report received 11/22/11.] c. Class ly Zoning Permit Z-IV-2012-11 to permit the construction and operation of a solar power facility on a property located on Aka Ula Road, approx. 0.25 miles southeast of the intersection of Aka Ula Road and Waialo Road, Port Allen., Kauai, further identified as Tax Map Key 2-1-001: 051, and affecting a portion of a 20 acre parcel = JVeBryde Resources, Inc. [Director's Report received 11/22/11.] G. NEW BUSINESS 1. For Action—See Agenda E for Proiect,Descriptions. a. Use Permit U-2012-10, Class IV Zoning Permit Z-IV-2012-12 and Variance Permit V-2012-7=State of Hawaii DAGS. b. Use Permit U-2012-9, Class IV Zoning Permit Z-IV-2012-10 and Special Management Area Use Permit SMA(U)-2012-3 =Kaua'i Bench Resort. c. Class IV Zoning Permit Z-IV-2012-11 =McBiyde Resources,Inc. 2. For Acceptance into Record — Director's Report(s) for Projcet(s) Scheduled for Public Hearing on 1/6/11. (NONE) 3. For Acceptance and Finalization — Director's Report for Shoreline Setback Activity Determination. (NONE) ' H. ANNOUNCEMENTS 1. The following scheduled Planning Commission meeting 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,Llihu'e, Kaua'i, Hawai'i 96766 on Tuesday,January 10,2012. I. 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 December 13,�0I 1 KAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING Lihue Civic Center,Moikeha Building Meeting Room 2A-2B 4444 Rine Street, Lihue, Hawaii 96766 Tuesday,December 13, 2011,3:30 A.M. AGENDA Call to Order Approval of the Agenda Minutes—Meetings of November 22, 2011 Public Comment for Listed Agenda Items A. GENERAL BUSINESS MATTERS B. COMMUNICATIONS C. UNFINISHED BUSINESS D. NEW BUSINESS (For Action) 1. Tentative Subdivision Action: a. 5-2012-02=Saiva Siddhanta Church 2-lot Boundary Adjustment TMK: 4-2-007:014, 015 Wailua Homesteads,Kauai b. 5-2012-03 =James K. Keahi Trust/Randall W. Mot Subdivision Yates Trust TMK: 1-6-002:074 Waimea,Kauai c. 5-2012-04 =Cornerstone Hawaii Holdings,LLC. 2-lot Boundary Adjustment TMK: 4-7-002:003 Kealia, Kauai d. 5-2012-05 =Kealia M,akai Holdings,LLC. 2-lot Subdivision TMK: 4-7-006:018; 4-7-007:001 Kealia,Kauai 2. Final Subdivision Action: . a. 5-2007-31 =Andrew Yea/Glenn Kagawa/ 3-lot Subdivision Gerry Coyaso TMK: 2-3-002:105, 106 Kalaheo, Kauai E. ADJOURNMENT Planning Commission Agenda December 13,2011