HomeMy WebLinkAboutAgenda2-28-12REGULARMEETINGweb KAUAI PLANNING COMMISSION
REGULAR MEETING
Tuesday, February 28, 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 January 24, 2012
A. GENERAL BUSINESS MATTERS (For Action)
1. Planning Director's request for reconsideration of the January 10, 2012 Minutes to
correct the references to SP-2012-8 and SP-2012-12.
2. Letter (12/2/11) from Larry Dill, County Engineer, for an amendment to Special
Management Area Use Permit SMA(U)-2008-1 and Shoreline Setback Variance
Permit SSV-2008-1, to permit the construction and operation of a multi-use path
from Lydgate Park to Lihi Park at the Waikaea Canal, Tax Map Key 4-6-014: 026, 4-
5-002: 023, Kapa`a, Kaua'i = County of Kaua'i, Department of Public Works.
a. Director's Report pertaining to this matter.
3. Adoption of the number of Transient Accommodation Unit Certificates available in
Allocation Cycle #1 (January 1, 2012 — December 31, 2016) of the Transient
Accommodation Unit Certificate Allocation Program (TAUCAP).
a. Director's Report pertaining to this matter.
4. Appeal of Revocation of Provisional Nonconforming Use Certificate (1/12/12) from
Charles A. Foster, Esq. for Special Permit SP-2012-32 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 Seacliff Plantation, Kilauea, Kaua'i, adjacent
to and south of the eastern terminus of Palimoana Road, further identified as Tax
Map Key 5-2-4: 98 (Unit 1, comprised of approx. 5.0 acres), with an overall parcel
size of 12.407 acres =Rene Campos Jr.
a. Memorandum dated 2/22/12 from Michael A. Dahilig, Director of Planning and
Secretary, Kaua'i Planning Commission to Jan Kimura, Chair and Members of the
Kaua'i Planning Commission relating to recommended action concerning Appeal
of Revocation of Provisional Non-Conforming Use Certificate Appointment of a
Hearings Officer.
B. COMMUNICATION (For Action) (NONE)
C. SUBDIVISION — Action on subdivision matters listed in the Subdivision Committee
Agenda (attached).
D. UNFINISHED BUSINESS (For Action)
1. 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 Kanehe/My
Growing Place. [Director's Report received 1/24/12, hearing closed 2/14/12.]
a. Supplemental Director's Report No. 1 pertaining to this matter.
2. 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, deferred 2/14/12.]
a. Supplemental Director's Report No. 2 pertaining to this matter.
b. Supplemental Information Tests for Special Permit 2012-24 (2/22/12) submitted
by Avery Youn, authorized agent for applicant.
3. Special Permit SP-2012-17 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 'Anini Vista, Kalihiwai, Kaua'i, approx. 2,100 ft. north east of the 'Anini
Vista and Kuhi`6 Highway intersection, further identified as Tax Map Key 5-3-9: 6
(Unit B, comprised of .77 acres), with an overall parcel size of 19.331 acres =
Gregory Greenwood dba Penny Hill Properties LLC. [Hearing's Officer Special
Meeting Public Hearing held 1/6/12.]
a. Supplemental Director's Report No. 1 pertaining to this matter.
b. Supplement to Written Statement : Penny Hill Properties TVNC-4214 submitted
by Penny Hill, Undated, Received 2/21/12.
4. Special Permit SP-2012-18 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 Kilauea, Kaua'i, 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 6, comprised of 1.00 acres), with an overall parcel size of
33.717 acres = Scott Johnson dba Kilauea Investments LLC. [Hearing's Officer
Special Meeting Public Hearing held 1/6/12.]
a. Supplemental Director's Report No. 1 pertaining to this matter.
b. Supplement to Written Statement : Johnson TVNC-4213 submitted by Scott
Johnson dba Kilauea Investments, LLC, Undated, Received 2/21/12.
5. Special Permit SP-2012-19 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 Seacliff Plantation at Kilauea, Kaua'i, approx. 1,600 ft. east of the Kilauea
Lighthouse Road and Iwalani Lane intersection, further identified as Tax Map Key 5-
2-4: 80 (Unit 1, comprised of 3.004 acres), with an overall parcel size of 16.953
acres. = Thomas Enstiee. [Hearing's Officer Special Meeting Public Hearing held
1/6/12.]
a. Supplemental Director's Report No. 1 pertaining to this matter.
b. Supplement to Written Statement : Enstice TVNC-4195 submitted by Thomas
Enstice, Undated, Received 2/21/12.
6. Special Permit SP-2012-28 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, approx. 400 ft. south of the entrance to the Kilauea
Lighthouse, further identified as Tax Map Key 5-2-4: 69, with an overall parcel size
of 7.002 acres = Sandy Saemann, Trustee. [Hearing's Officer Special Meeting
Public Hearing held 1/6/12.]
a. Supplemental Director's Report No. 1 pertaining to this matter.
b. Letter(2/13/12) from Lorna Nishimitsu, Esq., addressing the proposed conditions
for the approval of above-referenced special permit.
Planning Commission Agenda
February 28,2012
D. UNFINISHED BUSINESS (For Action) (Cont'd)
7. Special Permit SP-2012-27 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, approx. 3,600 ft. west of Kauapea Road and Kilauea
Lighthouse Road intersection, further identified as Tax Map Key 5-2-5: 32, and
containing an area of 5.325 acres=Justin Hughes &Michele Hughes, Co-Trustees.
[Hearing's Officer Special Meeting Public Hearing held 1/6/12.]
a. Supplemental Director's Report No. 1 pertaining to this matter.
b. Letter (2/21/12) from William W. L. Yuen, Esq., for Mr. & Mrs. William and
Sandra Strong, in opposition to Special Permits SP-2012-27 and SP-2011-9.
c. Letter(2/13/12) from Lorna Nishimitsu, Esq., addressing the proposed conditions
for the approval of above-referenced special permit.
8. Special Permit SP-2011-9 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 Kilauea, Kaua'i, approx. 3,800 ft. west of Kauapea Road and Kilauea
Lighthouse Road intersection, further identified as Tax Map Key 5-2-5: 33 and
containing an area of 5.030 acres.=Justin Hughes &Michele Hughes, Co-Trustees.
[Hearing's Officer Special Meeting Public Hearing held 1/6/12.]
a. Supplemental Director's Report No. 1 pertaining to this matter.
b. Letter (2/21/12) from William W. L. Yuen, Esq., for Mr. & Mrs. William and
Sandra Strong, in opposition to Special Permits SP-2012-27 and SP-2011-9.
(See above for copy of letter.)
c. Letter(2/13/12) from Lorna Nishimitsu, Esq., addressing the proposed conditions
for the approval of above-referenced special permit.
E. PUBLIC HEARING
1. Continued Public Hearing: (NONE)
2. New Public Hearing:
a. Zoning Amendment ZA-2012-4 to amend Chapter 8 of the Kaua'i County Code,
1987 (as amended) for recodification and organizational changes for the
comprehensive zoning ordinance= County of Kauai, Planning Department.
1. Director's Report pertaining to this matter.
F. NEW BUSINESS
1. For Action—See Agenda E for Proiect Descriptions.
a. Zoning Amendment ZA-2012-4= County of Kaua'i, Planning Department.
2. For Acceptance into Record — Director's Report(s) for Proiect(s) Scheduled for
Public Hearing on 3/13/12. (NONE)
3. For Acceptance and Finalization — Director's Report for Shoreline Setback
Activity Determination.
a. Letter (12/2/11) from Larry Dill, County Engineer, for an amendment to Special
Management Area Use Permit SMA(U)-2008-1 and Shoreline Setback Variance
Permit SSV-2008-1, to permit the construction and operation of a multi-use path
from Lydgate Park to Lihi Park at the Waikaea Canal, Tax Map Key 4-6-014:
026, 4-5-002: 023, Kapa`a, Kaua'i = County of Kauai, Department of Public
Works.
1. Director's Report pertaining to this matter.
(See A.2.a. for copy of Director's Report.)
Planning Commission Agenda
February 28,2012
F. NEW BUSINESS (Cont'd)
3. For Acceptance and Finalization — Director's Report for Shoreline Setback
Activity Determination. (Cont'd)
b. Shoreline Setback Commission Review SSCR-2012-01 for a shoreline setback
determination, Tax Map Key (4) 4-3-009: 001, Kapa`a, Kaua'i, for acceptance by
the Commission= Citibank NA (Donna Holevoet, Authorized Agent).
1. Director's Report pertaining to this matter.
G. 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,Llhu'e,Kaua'i, Hawai'i 96766 on Tuesday,March 13,2012.
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
February 28,2012
KAUAI PLANNING COMMISSION
SUBDIVISION COMMITTEE MEETING
Lihue Civic Center, Moikeha Building
Meeting Room 2A-213
4444 Rice Street, Lihue,Hawaii 96766
Tuesday, February 28,2012,8:30 A.M.
AGENDA
Call to Order
Approval of the Agenda
Minutes—Meetings of January 10, 2012 &January 24, 2012
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. S-2012-06=Lindsay Crawford/Kukui`ula 4-lot Subdivision
Development Co. (Hawaii),LLC. TMK: 2-6-014:026, 043;
2-6-015:005
K61oa, Kauai
b. S-2012-07=Kukui`ula Development Co. (Hawaii), 9-lot Subdivision
LLC. TMK: 2-6-017:004, 005;
2-6-018:001-067
Kukui`ula,Kauai
c. S-2012-09= Gail Shimokawa/Lori Shimokawa 2-lot Subdivision
Caporus/Gordon Kireto TMK: 1-9-010:013
Place,Kauai
2. Tentative Subdivision Extension Requests:
a. S-99-49- Kapa`a 382,LLC./Kulana AOAO 20-lot Subdivision
TMK: 4-3-003:005
Kapa`a,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 28,2012