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Home My WebLink AboutAgenda 1-24-12 REGULAR MEETING web KAUAI PLANNING COMMISSION REGULAR MEETING Tuesday, January 24, 2012 9:00 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 December 13, 2011 A. SPECIAL ORDERS OF THE DAY 1. 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 Kuhi`o Highway and Moloa'a Road intersection, further identified as Tax Map Key 4-9-13: 1 (Unit B aka "Skippers") and containing a unit area of 14,839 sq. ft. of a 31,246 sq. ft. parcel = Aldo & Lisa Albertoni. [Hearings Officer Special Meeting Public Hearing held 11/18/11, Motion to approve not carried due to split 3/3 vote 11/22/11, Motion to Reconsider carried due to 4/0 and motion to approve not carried due to 3/1 vote, no action 1/10/12.] a. Supplemental No. 3 Director's Report pertaining to this matter. 2. Special Permit SP-2011-24/SP-2012-34 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. 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; Action deferred 12/13/11, Motion to consolidate applications into SP-2011-24 carried due to 4/0 vote and Motion to approve, as amended not carried due to 3/1 vote, no action 1/10/12.] a. Supplemental No. 3 Director's Report pertaining to this matter. B. GENERAL BUSINESS MATTERS (For Action) 1. Consideration of Final Building, Location, Material and Design Review for a Single- Family Residence on Lot 8, Wainiha Subdivision 11, S-84-58, further identified as Tax Map Key 5-8-009: 047 = Gan Eden LLC. a. Staff Report pertaining to this matter. 2. Presentation on the new Transient Accommodation Unit Certificate Allocation Program and the implementation of Ordinance 912. 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 Permit SP-2012-22 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 Kilauea Ag Subdivision, Kaua'i, east of the northern terminus of Waiakalua Street, further identified as Tax Map Key 5-1-5: 50 (Unit A, 3.925 acres), with a parcel size of 10.180 acres = Terje Haakonsen. [Hearing's Officer Special Meeting Public Hearing held 1/6/12.] a. Supplemental Director's Report No. 1 pertaining to this matter. 2. Special Permit SP-2012-23 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 Kilauea, Kauai, approx. 2,400 ft. north east of the Pili Road and Kolo Road intersection, makai of the Kilauea Twin Roads subdivision, further identified as Tax Map Key 5-2-12: 1 (Unit 2, 3.03 acres), with a parcel size of 33.717 acres = Neal& Barbara Beissert. [Hearing's Officer Special Meeting Public Hearing held 1/6/12.] a. Supplemental Director's Report No. 1 pertaining to this matter. 3. Special Permit SP-2012-26 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 Kalihiwai Ridge, Kaua'i, approx. 2,000 ft. southwest of the Kaliliholo Road and Kuhi`6 Highway intersection, further identified as Tax Map Key 5-2-17: 24 (Unit B), with a unit size of 4.896 acres of a 25.951 acre parcel=Howard Samuels. [Hearing's Officer Special Meeting Public Hearing held 11/29/11.] a. Supplemental Director's Report No. 1 pertaining to this matter. 4. Special Permit SP-2012-29 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 'Anini Vista, Kalihiwai, Kaua'i, approx. 2,200 ft. northeast of the 'Anini Vista Road and Kuhi`6 Highway intersection, further identified as Tax Map Key 5-3-9: 4 (Unit C, comprised of 3.012 acres), with an overall parcel size of 14.517 acres = Stuart Ross dba Kohola Investments LLC. [Hearing's Officer Special Meeting Public Hearing held 1/6/12.] a. Supplemental Director's Report No. 1 pertaining to this matter. 5. Special Permit SP-2012-21 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 Wailapa Agricultural Subdivision, Kilauea, Kaua'i, approx. 2,700 ft. north of the Kuhi`6 Highway and Wailapa Street intersection, further identified as Tax Map Key 5-1-5: 15 (Unit 5 and containing an area of 1.445 acres), with the overall parcel size of 22.10 acres =Bruce & Cynthia Fehring. [Hearing's Officer Special Meeting Public Hearing held 1/6/12.] a. Supplemental Director's Report No. 1 pertaining to this matter. 6. Special Permit SP-2012-20 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. 300 ft. south of the northern terminus of Moloa'a Road, further identified as Tax Map Key 4-9-13: 24, comprised of 8,712 sq. ft. _ Bob Orner & Jessica Gormley. [Hearing's Officer Special Meeting Public Hearing held 1/6/12.] a. Supplemental Director's Report No. 1 pertaining to this matter. 7. Special Permit SP-2012-14 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 West Waiakalua, Kaua'i, approx. 3,000 ft. south of the Wailapa Road and Kuhi`6 Highway intersection, further identified as Tax Map Key 5-1-5: 122 (Unit A), with a unit size of 1.33 acres of a 7.050 acre parcel = Michael Larbig & Adrienne Sciacca. [Hearing's Officer Special Meeting Public Hearing held 11/29/11.] a. Supplemental Director's Report No. 1 pertaining to this matter. Planning Commission Agenda January 24,2012 E. UNFINISHED BUSINESS (For Action) (Cont'd) 8. Special Permit SP-2012-1 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 Kalihiwai, Kaua'i, approx. 500 ft. west of the Old Kuhi`6 Highway and Anini Road intersection, further identified as Tax Map Key 5-3-3: 45, and containing an overall size of 1.720 acre =Michael Chandler. [Hearing's Officer Special Meeting Public Hearing held 11/29/11.] a. Supplemental Director's Report No. 1 pertaining to this matter. 9. Special Permit SP-2012-33 to permit use of an existing single family residence (ADU) for Transient Vacation Rental purposes as permitted by County of Kaua'i Ordinance No. 904, in Kalihiwai, Kaua'i, approx. 500 ft. west of the Old Kuhi`6 Highway and Anini Road intersection, further identified as Tax Map Key 5-3-3: 45, and containing an overall size of 1.720 acre = Michael Chandler. [Hearing's Officer Special Meeting Public Hearing held 11/29/11.] a. Supplemental Director's Report No. 1 pertaining to this matter. F. PUBLIC HEARING 1. Continued Public Hearing: (NONE) 2. New Public Hearing: a. Zoning Amendment ZA-2012-3 Amendment (Draft Bill No. 2422) to Section 8- 1.5 of the Comprehensive Zoning Ordinance, Chapter 8 of the Kaua'i County Code, 1987 (as amended) relating to a definition revision of"Land Coverage" and to introduce the definition of"Public Shared Use Path" = County of Kauai. b. The recodification and amendment of administrative rules pertaining to the Rules of Practice and Procedure of the Kaua'i Planning Commission: A. Recodification of previous amendments to the Commission rules; B. Amendments to accommodate the implementation of Kaua'i County Ordinance 919; and C. Technical amendments related to contested case hearing procedures. [No Action, Reposted for 2/14/12.1 G. NEW BUSINESS 1. For Action—See Agenda E for Proiect Descriptions. a. Zoning Amendment ZA-2012-3 = County of Kaua'i. b. Recodification and amendment of administrative rules pertaining to the Rules of Practice and Procedure of the Kauai Planning Commission. [No Action, Reposted for 2/14/12.] 2. For Acceptance into Record — Director's Report(s) for Project(s) Scheduled for Public Hearing on 2/14/12. a. Class IV Zoning Permit Z-IV-2012-13, Use Permit U-2012-11 and Special Permit SP-2012-36 to allow establishment of a group child care home facility on a parcel located in Waiakalua, Kauai, along the eastern side of Wailapa Road, situated at the Kuhi`6 Highway/Wailapa Road intersection, further identified as Tax Map Key 5-1-005: 052, and affecting a portion of approx. 8.402 acres = Dean n a Kan eh e/My Growing Place. 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, Lihu'e, Kauai, Hawai'i 96766 on Tuesday, February 14,2012. Planning Commission Agenda January 24,2012 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 January 24,2012 KAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING Lihue Civic Center, Moikeha Building Meeting Room 2A-2B 4444 Rice Street, Lihue,Hawaii 96766 Tuesday, January 24,2012,8:30 A.M. AGENDA Call to Order Approval of the Agenda A. GENERAL BUSINESS MATTERS B. COMMUNICATIONS C. UNFINISHED BUSINESS D. NEW BUSINESS (For Action) 1. Final Subdivision Action: a. S-2011-11 = Ysidro R. Macias/Thomas Kaiakapu 2-lot Boundary Adjustment TMK: 1-9-009:013; 1-9-010:001 Hanapepe,Kauai b. S-2011-12=Antone Viela Trust Estate, et. al. 2-lot Boundary Adjustment TMK: 4-2-010:0012, 059 Wailua Homesteads,Kauai c. S-2011-14=Princeville Prince Golf Course LL C./ 2-lot Boundary Adjustment QEB III LL C. TMK: 5-3-006:022, 045 Princeville,Kauai E. ADJOURNMENT Planning Commission Agenda January 24,2012