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HomeMy WebLinkAboutpc9-23-14 minKAUAI PLANNING COMMISSION REGULAR MEETING September 23, 2014 The regular meeting of the Planning Commission of the County of Kauai was called to order by Chair Jan Kimura at 9:07 a.m., at the Ltiu`e Civic Center, Mo`ikeha Building, in Meeting Room 2A /2B. The following Commissioners were present: Chair Jan Kimura Vice Chair Angela Anderson Mr. Sean Mahoney Ms. Amy Mendonca T C= Absent and Excused: Mr. Hartwell Blake Mr. John Isobe Mr. Wayne Katayama - The following staff members were present: Planning Department — Michael Dahilig, Leslie Takasaki, Ka`aina Hull; Office of Boards and Commissions — Cherisse Zaima; Deputy County Attorney Ian Jung Discussion of the meeting, in effect, ensued: CALL TO ORDER Chair Kimura called the meeting to order at 9:07 a.m. ROLL CALL Planning Director Michael Dahilig noted there were four commissioners present. APPROVAL OF THE AGENDA Mr. Dahilig recommended Item K. Committee Reports be moved to immediately follow Item E. Receipt of Items for the Record. On the motion by Sean Mahoney and seconded by Angela Anderson to approve the agenda as amended, the motion carried by unanimous voice vote. Page 1 of 8 T Z 8 2014. APPROVAL OF THE MINUTES Meeting of August 12, 2014 Meeting of f August 26, 2014 On the motion by Sean Mahoney and seconded by Angela Anderson to approve the meeting minutes, the motion carried by unanimous voice vote. RECEIPT OF ITEMS FOR THE RECORD On the motion by Angela Anderson and seconded by Sean Mahoney to receive the items for the record, the motion carried by unanimous voice vote. COMMITTEE REPORTS Subdivision Subdivision Committee Vice Chair Amy Mendonca read the Subdivision Report into the record. (On file) The following General Business Matters were approved 3 -0: Stipulation between Kahuaina Holdings, LLC and the Planning Department of the County of Kauai Relative to the Recision of Final Subdivision Approvals for S- 2007 -02 and 5- 2009-16. The following Tentative Subdivision Action was approved 3 -0: S- 2015 -01 = Waioli Surf Shack Holdings, LLC. Owner: Charles Frederick Taylor, Proposed 2 -lot Consolidation The following Subdivision Extension Requests were approved 3 -0: S- 2013 -10 = Sue Ann Takakta, Kenji Yamashiro, Renee Yamashiro, Clayton Yamashiro, Proposed 2 -lot Boundary Adjustment S- 2013 - -23 = Roy Morita, Marvin Morita, Beverly Morita, Proposed 8 -lot Subdivision The following Final Subdivision Action was approved 3 -0: S- 2014 -11 = Steel Bridge Estates Condo /Clayton G.K. Oshita, Proposed 2 -lot Boundary Adjustment Page 2 of 8 Ms. Anderson requested clarification on the action taken for the stipulation petition, noting it is her understanding that there is a concern about the public access easement to Pila`a beach. Chair Kimura stated that easement was a condition of the subdivision, and if the subdivision goes away, so does the easement. Ms. Anderson stated she understands, but asked if there is an additional public access to which Chair Kimura stated there are two accesses, one on each side of the property. Attorney Jung clarified that there will still continue to be beach access through the County owned lot down to Larsen's beach. On the motion by Sean Mahoney and seconded by Amy Mendonca to receive the Subdivision Committee report, the motion carried by unanimous voice vote. HEARINGS AND PUBLIC COMMENT Continued Agency Hearing (None) New Agency Ageggy Hearin Class IV Zoning Permit Z -IV- 2015 -2 and Use Permit U- 2015 -2 for the proposed addition and renovation of the existing Baird's Hall, located on the Waimea Church of Christ propgrty in Waimea, along the mauka side of Kaumuali`i Highway and approx. 750 ft. north of the Tsuchiva Road/Makeke Road intersection, further identified as Tax Map Key 1 -6 -010: 006 and containing a total area of 2.62 acres = Waimea United Church of Christ. On the motion by Angela Anderson and seconded by Sean Mahoney to close agency hearing, the motion carried by unanimous voice vote. Continued Public Hearing (None) New Public Hearing (None) CONSENT CALENDAR (None) Status Reports 2014 Annual Status R ort 7/7/14 from Milton Arakawa Wilson Okamoto Corporation, for Special Management Area Use Permit SMA(U)- 2005 -8 Project Development Use Permit PDU- 2005 -26 Use Permit U- 2005 -25 and Class IV Zoning Permit Z-1V- 2005 -30 Tax Map KM 3 -5 -001: 027 Wor.), 168, 169, 171 (Por.), 175 and 176, L-1hu`e, Kaua` i = Kauai Lozoons LLC & MOR.I Golf (Kauai) LLC Director's Report(s) for Project(s) Scheduled for Agency Hearing on 10/14/14 Page 3 of 8 Special Management Area Use Permit SMA - 2015 -2 Class IV Zoning Permit Z -IV- 2015-3 and Use Permit U- 2015 -3 to allow conversion of an existing residence into a bed and breakfast operation on a parcel located along the mauka side of Weke Road iri Hanalei Town situated_ at its intersection with Pilikoa Street, further identified as Tax Map Key 5 -5 -010. 032 and containing a total area of 7,56$ sa. ft. = Ed Ben Dor and Joan Ben Dor Shoreline Setback Activity Determination Shoreline Setback Commission Review SSCR - 2015 -02 and Shoreline Setback Determination SSD- 2015 -05 for a shoreline activity determination Tax MU Key 2 -8 -017. 007, Po`i u Kauai for acce tance by the Commission = Marriott Waiohai Beach Club Ho er . EXECUTIVE SESSION . Pursuant to Hawaii Revised Statutes Sections 92-4 and 02-5(a)(4), and Kauai County Charter 3.07C, the Office of the County Attomgy requests an executive session with the Planning Commission to discuss a proposed Sti ulated Order regarding a contested case hearingon Special Permits SP- 2012 -30 and SP- 2012 -31 to permit the use of existing single family residences for Transient Vacation Rentals purposes as permitted by Coun1y of Kauai Ordinance = William J. Campbell dba 6610 Kunono Road LLC. This briefing and consultation involves the consideration of the powers, duties, privileges immunities and/or liabilities of the Planning Commission as the relate to this agenda item. Mr. Dahilig noted that this executive session is a reserve item in the event that there are questions concerning Item L.1 under Unfinished Business. GENERAL BUSINESS MATTERS Request to extend Use Permit U- 2006 -28 Special Permit SP- 2006 -2 and Class IV Zoning Permit Z-IV- 2006 -31 to establish a helicopter landing g acility and conduct business tours at the subject site =Keith Robinson Staff Planner Ka'aina Hull read the Director's report into the record. (On file) Ms. Anderson asked whether anyone from the Planning Department has been out to see the helicopter landing area. Mr. Hull replied no, due to scheduling conflicts; However, Mr. Robinson has been very open about having the staff and commissioners come out to the site, which they plan to do in the very near future. Ms. Mendonca asked if the only accessible way to view the plants are via helicopter to which Mr. Hull replied no, there is a road to get up there, though it takes several hours to do so. Page 4 of 8 Applicant Keith Robinson was present. Mr. Robinson stated he has no questions or concerns with the Director's report, but noted that at some point in the future he would like to make this permanent instead of having to come back every two years. Ms. Mendonca asked if Mr. Robinson would be the only person doing the guided tours to which Mr. Robinson replied no, he usually gives the tours himself, but he has trained the helicopter pilots to give the tour in his absence. On the motion by Sean Mahoney and seconded by Amy Mendonca to approve the Use Permit, Special Permit, and Class IV Zoning Permit, the motion carried by unanimous voice vote. Mr. Robinson stated the invitation to visit his reserve remains open. COMMUNICATION (For Action) (None) UNFINISHED BUSINESS (For Action Special Permits SP- 2013 -30, and SP- 2013,.31_ _ to permit the use of existing single family residences for Transient Vacation Rentals purposes as permitted by County of Kauai Ordinance No. 904, in Moloa`a, Kauai, approx. 800 ft. east of the Moloa`a Road and Kunono 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 Kunono Road LLC. Mr. Dahilig noted there was some disagreement concerning the conditions of approval, and the applicant has submitted a stipulated order as negotiated by the County Attorney. Attorney Jung explained this particular application did go through the full gamut of public hearings and agency hearings, went to a contested case hearing, and eventually made its way back to the Commission. This form is similar to the previous Weatherwax case where a stipulation was presented based on the court approved settlement, and is located in a similar area in Moloa`a Bay. It is now before the Commission to accept, modify, or deny the proposed stipulation for this application. Staff Planner Mike Laureta worked on the original staff report for this application. Attorney Jung stated there is a brief explanation about the parking issue, and it is his understanding that all the parking will remain on -site, avoiding the parking issue they had with some other applications that were processed a few years ago. In response to Chair Kimura, Attorney Jung pointed out the three documents included in the packet submitted by the applicant: 1) an explanation of the parking situation, 2) an affidavit from a neighbor attesting to the lack of a parking problem, and 3) the actual proposed stipulated Page 5 of 8 order. They looked at a one car per bedroom scenario, and because there are two units, they are proposing three cars for the first unit, and two for the ADU. Loma Nishimitsu, standing in for Jonathan Chun in representing the applicant, was present. She noted that this is the last of the unresolved pending cases involving a single lot with two dwelling units operating as TVRs, predating March 2008, for which evidence of compliance has been submitted. Her understanding is one dwelling is a three bedroom house, the other a two bedroom house. Based on her involvement, this Commission was looking to limit the number of cars based on the number of bedrooms within a particular dwelling.. The applicant is looking for some kind of consistency as previously determined by the Commission that limited cars to the number of bedrooms. Ms. Nishimitsu noted the affidavit previously mentioned by Attorney Jung. Ms. Nishimitsu added there was one incident where the owner was not aware that the guests were having a wedding, but once they found out the event was shut -down, and currently the rental agreement states weddings are now prohibited from operating on the property. The applicant is asking that the consistency used for previous applications be granted to this applicant. Ms. Anderson stated she understands the consistency argument, but her concern with the parking is with having two units — one with two bedrooms, and one with three — the assumption is that there are five or more people residing on the property. She asked if there is information available on the total number of occupants for each unit. Ms. Nishimitsu replied she does not have information on that, but noted that past cases have had generic limitations placed by previous commission members stating sleeping areas were limited to bedrooms and could not be situated in living room areas; however she is not aware of any specific cap placed on the number of occupants. Ms. Nishimitsu further noted that typically a bedroom would sleep as many people that would reasonably fit on a bed. Ms. Anderson stated her question goes to the existing infrastructure in terms of the septic system, noting she is unaware if the septic system is set up for commercial use, or if it assumed that occupancy would be like that of two single- family homes that would have a limited number of occupants. She pointed out that TVRs typically have more occupants than you would have in a single family home. Ms. Nishimitsu stated she is unsure what neighborhood Ms. Anderson lives in, but the neighborhood near her residence has multiple generations living in one house, with multiple cars on the streets, and way more people occupying a dwelling Because of the high cost of housing than would typically pay for a vacation on Kauai; she doesn't think there are any studies that show whether the number of tourists in a TVR typically exceeds the number of people living in an average neighborhood. The septic systems are designed based on the number of bedrooms. Ms. Anderson stated it is her understanding that the reason the number of bedrooms is used to determine that is related to occupancy, which is why she would like a better understanding of whether there are any occupancy limits for those wishing to rent the units. Ms. Nishimitsu stated she is unaware of any such limits, further adding the Department of Health does not limit the number of people that can occupy a dwelling; they limit the number of bedrooms per septic, or cesspool system. Ms. Anderson stated she feels when it goes beyond a residential use to a TVR, there is any opportunity to ensure there is not a health risk, especially considering it is a beach front area. Page 6 of 8 Ms. Nishimitsu stated all the applicant is asking for is what has previously been imposed on everyone else; that would be a fair imposition. If no one else has a limitation other than the number of cars tied to the number of bedrooms, telling this particular applicant to limit the number of occupants would not be equitable treatment, which is of concern to her. Chair Kimura asked if there have been any concerns or complaints about loud parties at TVRs in this area, separate and apart from this particular application. He asked to clarify that if any complaints are made to the Department, the TVR owner would lose their permit. Attorney Jung replied no, but it can be reviewed. In response to Chair Kimura, Mr. Laureta stated that since they began the review of Special Permits for TVRs they did receive one complaint, but that was back in 2012. Since then, there have been no complaints regarding TVRs in the agriculture district; there was one complaint for a TVR outside the VDA, but nothing in Moloa`a. The conditions imposed by the Commission — No noise past 10:00 p.m., all parking on- property — have worked and will be incorporated into TVRs outside the VDA as performance guidelines. Chair Kimura requested that Ms. Nishimitsu ask the applicant to contact the Planning Department with any complaints of disturbances by loud parties at other TVRs in the neighborhood. Ms. Mendonca stated currently the Commission has approved the three car limitation to which Chair Kimura replied no, not for this, pointing out the.three car approval was for the Weatherwax application. This motion is to approve the stipulated order. Attorney Jung clarified that the proposed stipulated order contains 23 conditions, one of which states: The number of vehicles on the property at any one time.for transient vacation rental use shall not exceed five cars or vehicles. Ms. Anderson stated she feels that in the future the Commission needs to look at the occupancy because the number of bedrooms do not determine how many people will actually be staying at the residence. She feels the number of people actually residing on the property is relevant to determining whether or not there are any health and safety issues. At this point she feels what is.before them regarding the five parking spots is reasonable due to the lack of public parking areas. Chair Kimura stated he thinks the amount of people per bedroom has been discussed in . the past. Attorney Jung stated in this case, the proposed stipulated order limits the occupancy for the two homes to 10, which is consistent with the others. On the motion by Sean Mahoney and seconded by Angela Anderson to approve the proposed stipulated order, the motion carried by unanimous roll call vote. NEW BUSINESS (For Action) Class IV Zoning Permit Z -IV- 2015 -2 and Use Permit U- 2015 -2 for the proposed addition and renovation of the existing Baird's Hall, located on the Waimea Church of Christ property in Page 7 of 8 Waimea along the maulca side of Kaumuali`i Hi hn ay and approx. 750 ft. north of the Tsuchi a Road/Makeke Road intersection further identified as Tax Map Ke y 1 -6 -010: 006 and containin a total area of 2.62 acres = Waimea United Church of Christ. Staff Planner Dale Cua read the Director's report into the record. (On file) Palmer Hafdahl of Palms Hawaii Architecture was present along with Margaret, current moderator for the Waimea United Church of Christ, and Andrea Lincoln. Mr. Halfdahl stated everything in the Director's report seems thorough and accurately represents the project. The few conditions imposed by the Planning Department are agreeable to the applicant. On the motion by Amy Mendonca and seconded by Sean Mahoney to approve the Class IV Zoning Permit and Use Permit, the motion carried by unanimous voice vote. ANNOUNCEMENTS The following scheduled PIanning Commission meeting will be held' at 9 :00 a.m., or shortly thereafter at the L-1nu`e Civic Center, Moikeha Building, Meeting Room 2A -2B, 4444 Rice Street, Lihu`e, Kauai, Hawaii 96766 on Tuesday, October 16, 2014. ADJOURNMENT Chair Kimura adjourned the meeting at 9:50 a.m. Respectfully submitted by: Cherisse Zaima Commission Support Clerk Page 9 of 8