HomeMy WebLinkAboutAgenda2-14-12REGULARMEETINGweb KAUAI PLANNING COMMISSION
REGULAR MEETING
Tuesday, February 14, 2012
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 Meetings of September 27, 2011 and January 10, 2012
A. SPECIAL ORDER OF THE DAY
I. 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, Motion to approve not carried due to 3/2 vote, no action
1/24/12.]
a. Supplement to the Written Statement: Compliance with Requirements for SLUC
Special Permit submitted by Stephen Long by transmittal dated 2/6/12.
B. GENERAL BUSINESS MATTERS (For Action)
1. Status Report (12/5/11) from Todd Dorny, Manager, for Project Development Use
Permit P. D. U-2009-9 and Class IV Zoning Permit Z-IV-2009-6, to develop a 220
unit residential condominium project within an existing Residential District R-20
zoned property, Tax Map Key 3-8-5: 22, Lihu'e, Kaua'I=Koamalu Plantation LL C.
a. Director's Report pertaining to this matter.
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-2012-24 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, Kilauea, Kaua'i, approx. 3,000 ft. northeast of the
Waiakalua Street and Kuhi`6 Highway intersection, further identified as Tax Map
Key 5-1-5: 47 (Unit 1, comprised of 2.88 acres), with an overall parcel size of 10.902
acres.= James Fowler. [Hearing's Officer Special Meeting Public Hearing held
1/6/12.]
a. Supplemental Director's Report No. I pertaining to this matter.
E. UNFINISHED BUSINESS (For Action) (Cont'd)
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,
deferred 1/24/12.]
a. Supplement to the Written Statement: Compliance with Requirements for SLUC
Special Permit submitted by Stephen Long by transmittal dated 2/6/12.
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, deferred 1/24/12.]
a. Supplement to Application; Exhibits K-1 to K-10 submitted by Harvey Cohen
dated 2/6/12.
4. 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, deferred 1/24/12.]
a. Supplement to Special Permit Application No. 2012-21 submitted by Glen Hale
dated 2/7/12.
5. Special Permit SP-2012-35 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. 3,200 ft. southeast of the 'Anini Road and Old
Kuhi`6 Highway intersection, further identified as Tax Map Key 5-3-3: 7, and
containing an area of .283 acres = Patricia Druzba. [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-2012-16 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. 2,350 ft. east of the Kalihiwai Road and Kuhi`6
Highway intersection, further identified as Tax Map Key 5-2-10: 29 (Unit C,
comprised of 2.623 acres), with an overall parcel size of 16.332 acres. = Linda
Saunders Trust. [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-2012-4 to permit use of an existing single family residence #1
(aka "Longhouse") for Transient Vacation Rental purposes as permitted by County
of Kaua'i Ordinance No. 904, in Kalaheo Homesteads, Kaua'i, approx. 700 ft.
southeast of the intersection of Puulima Road and Puuwai Road, further identified as
Tax Map Key 2-4-3: 26, and comprised of 11.423 acres = Bruna Stude & Carter
Carey dba Palu Mala LLC "Longhouse." [Hearing's Officer Special Meeting
Public Hearing held 11/29/11.]
a. Supplemental Director's Report No. 1 pertaining to this matter.
8. Special Permit SP-2012-5 to permit use of an existing single family residence #2
(aka "Barn") for Transient Vacation Rental purposes as permitted by County of
Kaua'i Ordinance No. 904, in Kalaheo Homesteads, Kaua'i, approx. 700 ft. southeast
of the intersection of Puulima Road and Puuwai Road, further identified as Tax Map
Key 2-4-3: 26, and comprised of 11.423 acres = Bruna Stude & Carter Carey db
Palu Mala LLC "Barn." [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
February 14,2012
E. UNFINISHED BUSINESS (For Action) (Cont'd)
9. Special Permit SP-2012-9 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. 200 ft. east of the Old Kuhi`6 Highway and Anini
Road intersection, further identified as Tax Map Key 5-3-3: 43, with a parcel size of
5.0 acres = Larry & Joan Gehrke. [Hearing's Officer Special Meeting Public
Hearing held 11/29/11.]
a. Supplemental Director's Report No. 1 pertaining to this matter.
b. Supplement to Application; Exhibit K submitted by Harvey Cohen dated 2/6/12.
10. Special Permit SP-2012-10 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, Kaua'i, within 50 ft. of the western terminus of Kauapea Road, on
the makai side, further identified as Tax Map Key 5-2-5: 34, with a parcel size of
5.06 acres =Peter Giovale. [Hearing's Officer Special Meeting Public Hearing held
11/29/11.]
a. Supplemental Director's Report No. 1 pertaining to this matter.
11. Special Permit SP-2012-11 to permit use of an existing single family residence #2
for Transient Vacation Rental purposes as permitted by County of Kaua'i Ordinance
No. 904, in Kilauea, Kaua'i, within 50 ft. of the western terminus of Kauapea Road,
on the makai side, further identified as Tax Map Key 5-2-5: 34, with a parcel size of
5.06 acres =Peter Giovale. [Hearing's Officer Special Meeting Public Hearing held
11/29/11.]
a. Supplemental Director's Report No. 1 pertaining to this matter.
12. Special Permit SP-2012-30 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 Moloa'a, Kaua'i, approx. 800 ft. east of the Moloa'a Road and Kuono Road
intersection, further identified as Tax Map Key 4-9-14: 7, with an overall parcel size
of.82 acres = William J. Campbell dba 6610 Kuono Road LLC. [Hearing's Officer
Special Meeting Public Hearing held 1/6/12.]
a. Supplemental Director's Report No. 1 pertaining to this matter.
13. Special Permit SP-2012-31 to permit use of an existing single family residence #2
for Transient Vacation Rental purposes as permitted by County of Kaua'i Ordinance
No. 904, in Moloa'a, Kaua'i, approx. 800 ft. east of the Moloa'a Road and Kuono
Road intersection, further identified as Tax Map Key 4-9-14: 7, with an overall
parcel size of .82 acres = William J. Campbell dba 6610 Kuono Road LLC.
[Hearing's Officer Special Meeting Public Hearing held 1/6/12.]
a. Supplemental Director's Report No. 1 pertaining to this matter.
b. Letter (1/27/12) from Jonathan Chun, Esq., demanding a contested case hearing
before the Planning Commission under HRS Section 91-14 regarding the
Department's consideration of the Applicant's request for a State Special Permit.
F. PUBLIC HEARING
1. Continued Public Hearing: (NONE)
2. New Public Hearing:
a. 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.
County of Kauai
1. Director's Report pertaining to this matter.
Planning Commission Agenda
February 14,2012
F. PUBLIC HEARING (Cont'd)
2. New Public Hearing: (Cont'd)
b. 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 =
Deanna Kan ehe/My Growing Place. [Director's Report received 1/24/12.]
c. Special Permit SP-2012-25 to permit use of an existing single family residence
for Transient Vacation Rental purposes as permitted by County of Kaua'i by
Ordinance No. 904, in Kalihikai, Kaua'i, approx. 600 ft. south of the 'Anini
Beach Park, mauka of Anim Road, further identified as Tax Map Key 5-3-4:
18, comprised of 11,451 sq. ft. =Richard Adkins.
1. Director's Report pertaining to this matter.
G. NEW BUSINESS
1. For Action—See Agenda E for Proiect Descriptions.
a. The recodification and amendment of administrative rules pertaining to the Rules
of Practice and Procedure of the Kaua'i Planning Commission = County of
Kauai.
b. Class IV Zoning Permit Z-IV-2012-13, Use Permit U-2012-11 and Special
Permit SP-2012-36 =Dean na Kan ehe/My Growing Place.
c. Special Permit SP-2012-25 =Richard Adkins.
2. For Acceptance into Record — Director's Report(s) for Project(s) Scheduled for
Public Hearing on 2/28/12. (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,Lihu'e, Kaua'i, Hawai'i 96766 on Tuesday,February 28,2012.
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
February 14,2012
KAUAI PLANNING COMMISSION
SUBDIVISION COMMITTEE MEETING
Lihue Civic Center, Moikeha Building
Meeting Room 2A-213
4444 Rice Street, Lihue,Hawaii 96766
Tuesday, February 14,2012,8:00 A.M.
AGENDA
Call to Order
Approval of the Agenda
Minutes—Meeting of December 13, 2011
Public Comment for Listed Agenda Items
A. GENERAL BUSINESS MATTERS
B. COMMUNICATIONS
C. UNFINISHED BUSINESS
D. NEW BUSINESS (For Action)
1. Final Subdivision Action:
a. S-2010-06 =Patrick Ibbs 3-lot Boundary Adjustment
TMK: 4-4-004:003, 028, 053
Kapa`a Homesteads,Kauai
2. Tentative Subdivision Extension Requests:
a. S-2007-38=SVO Pacific,Inc./Kaua`i Blues,Inc. 4-lot Consolidation
TMK: 2-8-016:004
2-8-015:043, 044, 082
Po`ipu,Kauai
E. ADJOURNMENT
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
February 14,2012