Loading...
HomeMy WebLinkAboutMay182015SSDwebpostings20 0 PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION w riMa"wh FOR OFFICIAL USE ONLY: SSD 201( - 32 Acceptance Date: Website Posting Date: Determination Date: Planning Commission Date: Expiration Date: Planner Assigned: Instructions: File all information requested under Part A for processing the Detemunation of Applicability (§8-27.1), including signature page. Fill out Parts A and B if you know, due to proximity of the shoreline, that your parcel will require a Certified Shoreline Survey. If you are proposing a permitted structure or subdivision within the shoreline setback area fill in Part C. For applications involving a variance, complete Part D. A' licant Information Applicant: N wTcQ l Tor4 Cp�t3S'TQ%Je'Troi.4 Mailing Address: t}31ta 1�vKvl Li llsr¢ . CRovt S;1r iA 202 Phone: %0 24SS q(5%0 F�-1 Pi to j (e Email: PYO�eet Inform atlnn (attach additional sheets ,ifnecessary) County Zoning District: 1212- Z o Tax Map Key(s): t !4 2 of : ooZ Land Area: S �- 7 L cs cz F Nature of Development: 9i.A-rCf2,®°2 ►tl�fF�RR-tr®'i?1Rto[^q (Description of proposed },- N7 �07� r t� C � *E�� t � t ca t�A � 1F' ` L NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMMISSION ACCEPTANCE, EXCEPT AS PROVIDED IN §8-27.8(c)(8) Part A Shoreline Setback Determination of Applicability (§&27.1) Check all that apply, fill in applicable information. Any box checked must be accompanied by additional information, phptos and/or documentation. Properties Abutting the Shoreline _ [l Project's approximate distance from shoreline: 2 j {���T ❑ Properties Not Abutting the Shoreline ❑ Project's approximate distance from shoreline: ❑ Additional Information: ❑ Closest distance of improvement(s) from Shoreline is approximately ft. ❑ Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel: "tY'LK1 � -1- s/os/ns 0 PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICL4L USE ONLY: SSD 201 dS - 32 Acceptwice Date: Website Posting Date: Detemvna.tion Date: Planning Commission Date: Expiration Date: Planner Assigned- Topography (undulating, flat, slope, etc.) and ground elevation of subject parcel (Lowest and Highest elevations) �lpTI 1� Shoreline type (e.g. beach, dune, rocky, sandy with rocky outcropping, etc.) C424--ors l} C� jr r3o Atpc� C� Rott aS a a L�A$D$��� S Fb(zgi IML ❑ Artificially armored Shoreline ❑ If checked, what type of armoring (e.g. seawall, revetment, bulkhead): ❑ Is the armoring permitted/authorized? ❑ Date of authorization (attach copy of authorization letter Is property in coastal floodplain (if checked what zone)? 4£ \1 IL ❑ Has this property been subject to coastal hazards in the past? (If checked, If the proposed structure or subdivision is within the shoreline setback area then, please be aware that if the determination of a structure is approved, the Applicant shall agree in writ ng that the Apphcant, its successors, and permitted assigns shall defend, indemnify, and hold the County of Kauai harmless from. and against any and all loss, liability, claim or demand arising out of damages to said structures from any coastal natural hazards and coastal erosion, pursuant to §8-27.7(b)(2). The requirements of the Subsection (b) shall run with the land and shall be set forth in a unilateral agreement recorded by the applicant with the Bureau of Conveyances or the Land Court, whichever is applicable, no later than thirty (30) days after the date of final shoreline approval of the structure under §8-27.8. A copy of the recorded unilateral agreement shall be filed with the Director and the County Engineer no later than forty-five (45) days after the date of the final shoreline determination and approval of the structure and the filing of such with the Director shall be a prerequisite to the issuance of any related building permit. §8-27.7(b)(6). Applicant's Signature Signature Date Setback �'eter�ninafion�cessary. Requirements of Ordinance No. 979 are applicable. -2- 3/OS/IS • • PLANNING DEPARTMENT SHORELINE SETBACK DETERMINATION If Part A has been deemed that a Determination will be necessary, the add tional information will be required for submission of this application. Part B Egemption Determination A non-refundable processing fee of one hundred dollars ._ fl; shall accompany a request for determination. (§8-27.8(e)) ❑ Exemption 1 In cases where the proposed structure or subdivision satisfies the following four criteria: (A) In cases where the proposed structure or subdivision is located outside of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) `V' or `VE' flood zones; (B) The proposed structure or subdivision is located at an elevation which is thirty (30) feet above sea level or greater; (C) The applicant can demonstrate to the satisfaction of the Planning Director that the property is clearly adjacent to a rocky shoreline and that it will not affect or be affected by coastal erosion or hazards; and (D) The shoreline setback shall be sixty (60) feet from the certified shoreline which has been established not more than twelve (12) months from the date of the application for the exception under this section. ❑ Exemption 2 In cases where the applicant can demonstrate to the satisfaction of the Planning Director that the applicant's proposed structure or subdivision will not affect beach processes, impact public beach access, or be affected by or contribute to coastal erosion or hazards, excluding natural disasters. Factors to be considered shall include, but not be limited to, proximity to the shoreline, topography, properties between shoreline and applicant's property, �) elevation, and the history of coastal hazards in the area. t� Exemption 3 �jrJ�� F J t / Those structures and uses found exempt in Table 3 (§8-27.7) (see pg. 5-6) ❑ Letter from the Department of Public Works stating that the proposed project does not constitute "Substantial Improvement," pursuant to §8-27.2 Exemption Determination s r 4.� ,. aq � d �.-1 Pursuant to §8-27.3 the Kauai County Code, 1987 as amended, the Planning Department hereby certifies the proposed structure(s) or subdivision(s) as exempt from those shoreline setback determination requirements established under §8-27.8. Planning Director or designee Date -3- a/os/zs 6 0 MEMORANDUM TO: .MICHAEL DAHILIG, PLANNING DIRECTOR }' FROM: MICHAEL MOULE, P.E., CHIEF ENGINEERING DIVISION DATE: MARCH 24, 2015 SUBJECT: SHORELINE SETBACK APPLICATION FOR TAX MAP KEY NO. (4) 2-8-017: 007 WAIOHAI BEACH CLUB BUILDING 1000 SUBSTANTIAL IMPROVEMENT DETERMINATION The Department of Public Works has completed a review of Building Permits and Real Property records for Building No. 1000 at the Waiohai Beach Club and has determined that the proposed improvements associated with the subject Shoreline Setback application do not constitute a Substantial Improvement as defined in Section 8.27.2 of the Shoreline Setback Ordinance (Ordinance No. 979). The cost of improvements compared to the market value is summarized as follows: Cost of Improvements (past 10 years): $2, 479, 000 Real Property):= 0.049 or 4.9% *Market Value ( $Sg476,300 Should you have any questions, contact Stanford Iwamoto at 2�41-4896 or siwainoto(qukauai.gov . SI cc: Design and Perm'tting �J COUNTY OF KAUAI PLANNING DEPARTMENT 4444 RICE STREET, SUITE A473 LIHUE, HAWAII 96766 (Official Receipt) Deposit or tender of this instrument shall not be considered evidence of approval or renewal Receipt Number: 29521 Lihue, Kauai, Hawaii, Shorelilne Determination No: SSD-2015-32 Received from Dave Whitaker PROPERTY ADDRESS: 4370 Kukui Grove St. #202 Lihue, HI 96766 Tax Map Key: 428017007 4 6 2015 SHORELINE DETERMINATION FEE:, $100.00 ❑ Check ❑ Cash Check Number: 415250' .�l(CCQICleQ Q. �glPllcu,} (JAM) Plars�fi�ag Dlea�ct�.� ar hIs asathort�a�sx' agent Monday, Apri106, 2015 Page 1 of 1 Boulevard,6649 Westwood ►0 Orlando, VACATION CLUB Tel: (407) 206�6000; Fax: 407w2l)6�6496 I, Cathy hiurley, of Marriott Vacation Club authorize that MVC will no longer proceed with the owner alteration located at 2249 Poipu Rd, Koloa identified as TMK: (4) M- 017:007. MVC will no longer be pursuing permit number BP15-00000468 as the work will not proceed as documented. .Thank you, A, 4f22115 May 12, 2015 County of Kauai Planning Department 4444 Rice Street, Suite A473 Lihue, HI 96766 808-241-4050 Agor Architects 460 Ena Road, Suite 303 Honolulu, HI 96815 808-632-2467 Re: Cancellation of zoning permit application #Z-48-2015 To Whom It May Concern, Please cancel the above mentioned zoning permit applicafion and the shoreline setback determination application 4SSD-2015-32. If you have any further questions, please contact me below. Thank you, Chad Lord, Architect Agor Architects b 0 PLANNING DEPARTMENT .fitJytV FOR OFFICIAL USE .ONLY: SSD 201 Is - 54 Acceptance Date: 5 5 15 Website Posting Date: 5 571 Determination Date: 5 5 I Planning Commission Date: 25'12IS 511111(9 JktJU Expiration Date: Planner Assi ed: Instructions: File all information requested under Part A For processing the Determination of Applicability (§8-27.1), including signature page. Fill out Parts A and B if you know, due to proximity of the shoreline, that your parcel will require a Certified Shoreline Survey. If you are proposing a permitted structure or subdivision within, P t�e the shoreline setback area fill in Part C. For applications involving a variance, complete Part D. 1,5 (4 7 County Zoning District: Nature of Development: (Description of proposed Structure of subdivision) Residential Tax Map Key(s): Land Area: Relocate existing structure on site. (4) 1-3-004:089 I 10,001 st NO PERMITS WILL DE ISSUED WITIiOUT PLANNING CO SSION ACCEPTANCE, EXCEPT AS PROVIDED IN §8-27.8(c)(8) Part A Shoreline Setback Determination of Applicability (§8-27.1) Check all that apply, rill in applicable information. Any box checked must be accompanied by additional information, photos and/or documentation. ❑ Properties Abutting the Shoreline ❑ Project's approximate distance from shoreline: _ ® Properties Not Abutting the Shoreline ® Project's approximate distance from shoreline: 70' ® Additional Information: ® Closest distance of improvements) from Shoreline is approximately 95' ft. ® Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel: Sea wall along shoreline. —�— "--�--�—�_--_---_-----' Kaumuali'i Highway between hardened shoreline and subject property. II 2/2b/15 FOR OFFICIAL, USE ONLY, SSD 201 K - 3 9 Acce tance Date: Website Posting Date: Determination Date: Planning Commission Date: Ex nation Date: Planner Assi ed: ® Topography (undulating, flat, slope, etc.) and ground elevation of subject parcel (Lowest and Highest elevations) ® Shoreline type (z.g. beach, dune, rocky, sandy with rocky outcropping, etc J ® Artificially armored Shoreline ® If checked, what type of armoring (e.g. seawall, revetment, bulkhead): Rock Seawall ❑ Is the armoring permitted/authorized? ❑ Date of authorization (attach copy of authorization letter): ® Is property in coastal floodplain (if checked, what zone)? AE-12 ❑ Has this property been subject to coastal hazards in the past? (If checked, please describe) If the proposed structure or subdivision is within the shoreline setback area then, please be aware that if the determination of a structure is approved, the Applicant shall agree in writing that the Applicant its successors, and permitted assigns shall defend, indemnify, and hold the County of Kauai harmless from and against any and all loss, liability, claim or demand arising out of damages to said structures from any coastal natural hazards and coastal erosion, pursuant to §8-27.7(b)(2). The requirements of the Subsection (b) shall run with the land and shall be set forth in a unilateral agreement recorded by the applicant with the Bureau of Conveyances or the Land Court, whichever is applicable, no later than thirty (30) days after the date of final shoreline approval of the structure under §8-27.8. A copy of the recorded unilateral agreement shall be filed with the Director and the County Engineer no later than forty-five (45) days after the date of the final shoreline determination and approval of the structure and the filing of such with the Director shall be a prerequisite to the issuance of any related building permit. §8-27.7(b)(6). Setback Dejdr`mination necessary. Requirements of Ordinance No. 979 apply, submit full application. Date 2 2126/IS PLANNING If Part A has been deemed that a Determination will be necessary, the additional information will be required for submission of this application. Part B Exemption Determination A non-refundable processing fee of one hundred dollars (M.00,00; shall accompany a request for determination. (§8-27.8(e)) ❑ Exemption I In cases where the proposed structure or subdivision satisfies the following four criteria: (A) In cases where the proposed structure or subdivision is located outside of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) `V' or `VE' flood zones; (B) The proposed structure or subdivision is located at an elevation which is thirty (30) feet above sea level or greater; (C) The applicant can demonstrate to the satisfaction of the Planning Director that the property is clearly adjacent to a rocky shoreline and that it will not affect or be affected by coastal erosion or bazards; and (D) The shoreline setback shall be sixty (60) feet from the certified shoreline which has been established not more than twelve (12) months from the date of the application for the exception under this section. Exemption 2 In cases where the applicant can demonstrate to the satisfaction of the Planning Director that the applicant's proposed structure or subdivision will not affect beach processes, impact public beach access, or be affected by or contribute to coastal erosion or hazards, excluding natural disasters. Factors to be considered shall include, but not be limited to, proximity to the shoreline, topography, properties between shoreline and applicant's property, elevation, and the history of coastal hazards in the area. ❑ Exemption 3 Those structures and uses found exempt in Table 3 (§8-27.7) (see pg. 5-6) ❑ Letter from the Department of Public Works stating that the proposed project does not constitute "Substantial Improvement," pursuant to §8-27.2 §8-27.3 the Kauai County Code, 1987 as amended, the Planning Department hereby certifies the vcture(s or subdivisions) as exempt from those shoreline setback determination required established 8. i 2126/15 NOTES: 1. This project does not involve the sales of individual subdivided lots. The dotted lines on the condominium map are for illustration purposes only. They represent either a limited common element or common element. 2. Underground utilities, septic tanks, etc. were not field located except as shown. The location, existence, size, depth, condition, capacity, etc. of any drainage system, sub -surface water system, cesspool/septic tank system, sewer line, or utility lines to the property, except as shown, are not a part of this Map. The appropriate governmental and/or utility agencies should be contacted for this information. 3. Utility lines and wastewater treatment system(s) have not been disclosed to the surveyor. No responsibility, liability or representation is made regarding the impact of undisclosed utility lines and wastewater treatment system(s) on this property. Surveyor shall have no liability for the effects of the nondisclosure of these items. 4. Based on FIRM Map 150002 Panel 0254F, dated Nov. 26, 2010, Lot 9 is located in the AE flood zone, with a base flood elevation of 12 feet MSL. Zone AE is the flood insurance rate zone that corresponds to the 100-year floodplains that are determined in the FIS by detailed methods. The 1% annual chance flood (100-year flood), also known as the base flood, is the flood that has a 1 % chance of being equaled or exceeded in any given year. 5. Easement "AU-V affecting Unit I in favor of Unit 2 for access and utility purposes. (454 Sq, FL) 6, Condominium Map is based on Preliminary Report supplied by Old Republic Title & Escrow of Hawaii dated September 12, 2012. 7. �dI idicates Restriction of Vehicular Access along Kaumualii Highway as show on Document No. 2003-016513, &. Set 1/2' iron pipe at all CPR corners unless noted otherwise. / 9. Q Indicates a found 1/2" pipe unless noted otherwise noted. i e'.90 c LIMITED COMMON ELEMENT — c UNIT 2 (7,265 So, Ft.) 7 LiM1TED COMMON ELEMENT UNIT 1 (2,735 So, FL) c, ea r�r a �4~ CLS HAWAII Land Surveying & Mapping P.O. Box 777 Kalaheo, Kauai, Hawaii 96741 808.635.3700 ` fax 866.592.2475 rveyorl@CLSHawaii.com F W = Iin LL o co = z U W Z 7 Q LLI F Q I U I U 0 15 30 60 GRAPHIC SCALE IN FEET v 45:35 4 ye'�e • PP (10.00) tom} s� °c3 v 34.73 32°10'30" t3.91 z=30.00 MAP SHOWING "LOT 9 CONDOMINIUM" UNITS 1 AND 2 AND DEDICATION OF EASEMENT "AU41 LOT 9 OF THE KEKAHA COTTAGES SUBDIVISION (Por.) LAND PATENT GRANT NUMBER 9,113 TO PRICILLA CHARMAN AKINA (Por.) LOT 137 OF THE KEKAHA HOUSELOTS KEKAHA, WAIMEA, KAUAI, HAWAII Tax Map Key: (4) 1-3-004: 089 Area: 10,000 Sq. Ft. November 10, 2014 *. \\ SIONAL NO. 7919 � PROFEStP LAND SURVEYOR All ROGER M. CAIRES Licensed Professional Land Surveyor Certificate Number 7919 Expires 04/30/16 N4335CPR COUNTY OF KAUAI PLANNING DEPARTMENT 4444 RICE STREET, SUITE A473 LIHUE, HAWAII 96766 (Official Receipt) --. Deposit or tender of this instrument shall not be considered evidence of approval or renewal Receipt Number: 29523 Lihue, Kauai, Hawaii, Shorelilne Determination No: SSD-2015-34 Received from PROPERTY ADDRESS: Tax Map Key: 443004089 Darcy McCartney PO Box 557 Kapa'a, HI 96746 4 6 2015 SHORELINE DETERMINATION FEE:', $100.00 ''I ❑� Check C Cash Check Number: 168T .Nt�n�ee a. � Ptx,arri;ag i7s,a•�cte�r or hs`s exuthorr`zed agerst Monday, April 06, 2015 Page 1 of 1 PLAININING DEPARTMENT FOR OFFICIAL USE ONLY: SSD 201 a Accetcarrce Date: 5. I 4VebsiMPOstin Data: 'S IS Dclerminatioa Date: ri PlamAn ;L`ouunissiav Date, 1 Ex riradon Date: (2 Planner Assi rc d; IttStn c ions:Pile a ] v format on requested u dsr Pat A for processz g he DeteTin nafiou oFf ppEioabiHty {§&-27.1), including sigaaYum page. Fill otit Parts A and B if you ]maw, due to proximity of the shoreline, that your parcel will require a Certified Shoreline Survey IPyou are Proposing apermitted structure or subdivision within the shoreline setback area fill in Part C. For applications involving a variance, complete Pats D. NO A licanf Tnformatian Applicant Roig-V &.ye Mating Address: �'.a3a '50,C 13q. Phone 4JJ41; — $i7Cok %J�;mnewr FED °€toi9Ca Email: uccnre�su5s w� Ap licant's Status: (Chaakone) cal= z Oyvv Owner of the Property : (Holder of at least 75 % of be equitable and lcgil title) ❑ Lcssce of ChePropetty Lessoc most have an unexpired and recorded Iease of five (5) years or mom from the dateof%afti,�s 1pplica?ion. ti`not,Owner(s)�iustpiovida ai.etter of AerVhorirrfion.� ❑ A:1d10riCECI AfiPiJ12 A'[CaG(1 letter Of /LI.ItIrJi'IZIStiUn Transmittal Date: to A� ri § - Project Wormafion (sotxch additional sheers, if necessary) Cato iy Zarrhr District:- cj� (jo Tax Mabs Key(s): 1 p i� - o ci Q : j .; Land Area: %eo l o NahireofDcvelopmea#: �o��`+°��nls eIF �ar�i`klna� � ,eis�in K'�ait� �.�. (Description of'proposed °^--�xic�" taa"`t� J structure orsubdivision) 11i'S.i`k3c'arvr PER -NUTS R'II,I.33>; ISSUED WITHOUT PLANNING OOVINIISSICitiT ACCEPTANCE, Part A Shoreline Setback Determination or Applicability %&271) Checkup that apply, fill in applicable information, Any box checked mnaf be accompanied by additional information, I otos and/or. documentation. LI Properties Abutting the Shoreline ❑ Projecrt'c approximate distance from shorelinc. properties Not Abutting one Shoreline - ,9 Pmjcet°s approximate distance from shoreline:.. ❑ Additional [xnoruiation[ ❑ Closes fllsfanceofinprovewum(s)from Shmetin,eisapproximately 3r(00 fl'. ❑ Number of parcels and type of improven onto (roads, buildings. shtrctures) between Shoreline and this parcel: � ��perk:es Go�rr�Cw:� Y.e�iiibiat t v>R#� $off? — Kah�t{-a.aa fLo PLANNING DEP_ARTMEXT SHORELME -SETBAulc APPLICATION FOR OFFICIAL USE (113,'I.Y:... SSI9 ?Ol S - 3 Ac'& lance Date: S S 1 Websbe Posting Dale: S S I Determination Dote: ,S S 19 Fluanin Commission Date: 6 12 .S Expiration Date: Planner Ass' ed: "Z`opogr'aphy (undtdating, that; sFope, eta) andgfaundelevaEicn afsubjectparCel ILoc✓est nnc4 Az dtesk Clevauans) rlm:� ^}trc'<a"snt relev«.4aavts nn:a�.Poatcb�c �- fii.a� f� Slmrehine type (e.g. beaoh, duce, ronicy, saiy with iroolcy oraoroppiug, ete.) ❑ Ijrtifici;;tlly armored Shoreline ❑ ff checked, what type of armoring (e.g, seawalL aeeirLuent bulkhead): ❑ Is the armoringpernubedlauthorized? ❑ Date of authorization (attach Copy of authorization leiterl: _ ❑ Zs projecxty in coastal (loodpinm (if checleed, what zone)? X_ ❑ 1Tasflais p;ouert3+been subiectvo ooas'tat Aaz9ra_s;,, ti;P >2 rnF �,u�trP,+ lithe proposed structure ar suodivison is within the shoreline setback ar�t3ren, p(osrse be eware that if the detcrtuination o£a struck re is improved, the Applicant shall agree it uniting umtthe Applicant its successors, and permitted assigns shall defend, indenini£y, and Sold frie County ofK:ana`i harmless fi'om and against uoy or all loss, liability, Claim or domand ansnis out of damages to said structures from any Coastal naY=lhazards and coastal erosion, Pursuant to §327.7(b)(2), The requireanents of the Subsection (b) sharll run with the Land mud. shall be set filth in a collateral agreement recorded by the applicant with the Bureau of Conveyances or life Land Court, whichever is applicable, no later than Thirty (30) days after the date of filet shoreline approval o£ th¢ strµaturc under §8-27.8. A copy ofthe recorded ❑nhateaal agreenrent shall be filed with the Director and She Coutay En„ghteer no later than fbyty-fivc (45) days after the dine of the final shoreline detormination and appro ad of the stroctue and the Sling o£suoh with foe Director shun 1~e e {narequds` to the issaanee of any related building pofcfL. §8-27.7(b)(61. Applicant's Signature 0 If b m is A n of this deemed n. a Deter ni�11 on will l e nccesstuT, the add tional a dbrination. will be required fox submission of. this applicatYort. Part 6 Exentption Determination A naa-reRmduble processing fee of one hundred dollars ($100.00) shall accompaay,a request for determintnion. (§f-2TS(e)) ❑ Exemption Li cases wherethe proposed larauntra or subdivision satisfies the phlowing roar evil:erie. (A) Incases where the proposed structure or subdivision is located outside of the7rederal Eurcngency Management Ageney (FENIA) Floodhsimence Rate Map (FIRb) `tip or `VF' flood zones: (B) The proposed structure or subdivision is located at an elevation whiebis thirty (30) feat above sea lovel or greater; (C) The applicant can demonstrate to the satisfaction of the Pla n init Director that the property is clearly adjacent to a reeky shoreline and that it will not affect nr be affeo:ad by coastal. erosion or hazards; and (D), The shoreline setback shall be sixty (60) foot from to cerHied shoreline which has been established net more than twelve (12) months from the date of the application for the exception under this sect on. Exemption 2 In cases chore the applic n! can demonstrate to the satisfaction of the Plaevvns Director that the applicant's proposedstruc'tnte or subdivision will not allact beach processes, impact public [)each access, or be affected by or contribute to coastal erasion or hazards, excluding natural disasters. Factors to be considered shall include, but not be lionscito, proximity to -vac sho cline, toppgaphy, properties between shoreline and appiicam's property, ctevahar, and Eno history ofcolledn hazards Mahe area - El Exemption 3 T rose structures and uses [pound exempt in Table 3 (§9-27.7) (seo fig. 5-6) Lenta here the Department of Flublic 'works sitting that the proposed project does not consii'tute' S-Astantixl lryproven:effi;" Pursuant to§&-27'2 Exem timt Determinntion (to be com fated by Planning De iarunent).l Pursuant to§8-27.3theKaua"i ComityCode, 198'7asamended,thePlanning Deportment hereby certifies the — pr 'led sttuc u(e(s) yr subdivision{s) es exempt £torn those s6aretina seikacic riot wile l on requirtnu n€s tebhed rni c 8-2T8. 3- 3./q`v/Z • COUNTY OF KAUAI PLANNING DEPARTMENT 4444 RICE STREET, SUITE A473 LIHUE, HAWAII 96766 (Official Receipt) Deposit or tender of this instrument shall not be considered evidence of approval or renewal Receipt Number: 29640 Shorelilne Determination No: Received from PROPERTY ADDRESS: Tax Map Key: 416006044 i Lihue, Kauai, Hawaii, 5 5 2015 SSD-2015-38 Mary Hayes 4471 A Alawai Rd Waimea, HI 96769 __ SHORELINE DETERMINATION FEE:' $100.00 ❑� Check ❑ Cash Check Number:' 156'. .n��e a. � __ _--- __ p6cannan �3irector rar his authzr�i�ed e�r�ent (JAM) Tuesday, May O5, 2015 Page 1 of 1 I PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION -h4> (iL U{X <_,..: SSD 201 S - 37 Acceptance Date: S I6 Website Posting Date: S I Determination Date: S ( Planning Commission Date: 12 1c Ex iration Date: $ L Ile Planner Assigned: 7. a Instructions: FIle all information requested under Part A for processing the Determination of Applicability (§8-27.1), including signature page. Fill out Parts A and B if you know, due to proximity of the shoreline, that your parcel will require a Certified Shoreline Survey. if you are proposing a permitted structure or subdivision within the shoreline setback area fill in Part C. For applications involving a variance, complete Part D. Applicant: BdMI-/- 4 Address: /377 /,/n 110e "O'er, Phone: 30 q• 1// $®pi1tL(.✓ O30 Email: bgrmg, le A/ / Y, Applicant's Status: (Check one) Owner of the Property (Holder of at least 75 % of the equitable and legal title) Lessee of the Property Lessee must have an unexpired and recorded lease of five (5) years or more from the date of filing of this application. If not, Owner(s) must provide a Letter of Authorization. ❑ Authorized Agent Attach Letter of Authorization Transmittal Date: I)IAreA of ZO / i �'r'i5'ect JCIa +tivt2tti n. " i~Il.adsittioiiaF�heets a�n+�us7 . .. „ -. County Zoning District: Ot%GY'I Tax Map Key(s): S 3 - 40 - O sp o Land Area: ZG, btlo S Nature of Development: �S C fym/2 6 ��G✓t' 1i X 3 z l & /�F X /8 f• a (Description of proposed roGlt h/R // "of Uhsheme, <lPr of /vo 6) lAvA- 04(e, bl" "Ar, Structure of subdivision) f)lt /H gAe . Jra [U ek O[YVGW NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMMISSION ACCEPTANCE, EXCEPT AS PROVIDED IN §8-27.8(c)(8) Part A Shoreline Setback Determination of Applicability (§8-27.1) Check all that apply, fill in applicable information. Any box checked must be accompanied by additional information, photos and/or documentation. ❑ Properties Abutting the Shoreline ❑ Project's approximate distance from shoreline: Properties Not Abutting the Shoreline / N Aw lC F(rbk rL k) ©" Project's approximate distance from shoreline: /40 64ee QCCOYNPA�T-�J 1� f 9 T ❑ Additional Information: ❑ Closest distance of improvement(s) from Shoreline is approximately ft. ❑ Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel: zaens PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION SSD 201 S - 37 Acceptance Date: s t Website Posting Date: Determination Date: C/515 Planning Commission Date: S/12 S Expiration Date: Planner Assigned: [v]� Topography (undulating, flat, slope, etc.) and ground elevation of subject parcel (Lowest and Highest elevations) Shoreline type (e.g. beach, dune, rocky, sandy with rocky outcropping, etc.) Seth- ❑ Artificially armored Shoreline ❑ If checked, what type of armoring (e.g. seawall, revetment, bulkhead): ❑ Is the armoring permitted/authorized? ❑ Date of authorization (attach copy of authorization letter): [✓r Is property in coastal floodplain (if checked, what zone)? P -Has this -property been subject to coastal hazards in the past? (If checked, -please describe) ,do ', 4cc`J kf �ie i �a' f%raeC Zone V& (eL /l if the proposed structure or subdivision is within the shoreline setback azea then, please be awaze that if the determination of a structure is approved, the Applicant shall agree in writing that the Applicant, its successors, and permitted assigns shall defend, indemnify, and hold the County of Kauai harmless from and against any and all loss, liability, claim or demand arising out of damages to said structures from any coastal natural hazards and coastal erosion, pursuant to §8-27.7(b)(2). The requirements of the Subsection (b) shall run with the land and shall be set forth in a unilateral agreement recorded by the applicant with the Bureau of Conveyances or the Land Court, whichever is applicable, no later than thirty (30) days after the date of final shoreline approval of the structure under §8-27.8. A copy of the recorded unilateral agreement shall be filed with the Director and the County Engineer no later than forty-five (45) days after the date of the final shoreline determination and approval of the structure and the filing of such with the Director shall be a prerequisite to the issuance of any related building permit. §8-27.7(b)(6). Applicant's Signature Setback D�teY�nin�lion'u�cessary. Requirements of Ordinance No. 979 apply, submit full application. zrz��s PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION If Part A has been deemed that a Determinat on will be necessary, the addit on reformat on w ll be requ red for submission of this application. Part B Exemption Determination ❑ A non-refundable processing fee of one hundred dollars ($100.00) shall accompany a request for determination. (§8-27.8(e)) ❑ Exemption 1 In cases where the proposed structure or subdivision satisfies the following four criteria: (A) In cases where the proposed structure or subdivision is located outside of the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM) `V' or `VE' flood zones; (B) The proposed structure or subdivision is located at an elevation which is thirty (30) feet above sea level or greater; (C) The applicant can demonstrate to the satisfaction of the Planning Director that the property is clearly adjacent to a rocky shoreline and that it will not affect or be affected by coastal erosion or hazards; and (D) The shoreline setback shall be sixty (60) feet from the certified shoreline which has been established ,�not more than twelve (12) months from the date of the application for the exception under this section. IV/ Exemption 2 In cases where the applicant can demonstrate to the satisfaction of the Planning Director that the applicant's proposed structure or subdivision will not affect beach processes, impact public beach access, or be affected by or contribute to coastal erosion or hazards, excluding natural disasters. Factors to be considered shall include, but not be limited to, proximity to the shoreline, topography, properties between shoreline and applicant's property, elevation, and the history of coastal hazards in the area. , ❑ Exemption 3 Those structures and uses found exempt in Table 3 (§8-27.7) (see pg. 5-6) ❑ Letter from the Department of Public works stating that the proposed project does not constitute "Substantial Improvement," pursuant to § 8-27.2 I_xilai►Tiru altecatrt{ttih-ntng,l�taotm�m` Pursuant to §8-27.3 the Kauai County Code, 1987 as amended, the Planning Department hereby certifies the propg�e structure(s), gr subdivision(s) as exempt from those shoreline setback determination required established under§�27.8. _ ( , ztaens I r� HARVEY Z. GOHEN March 25, 2015 VIA FIRST-CLASS MAIL Jackie Alvarez County of Kauai Planning Department 4444 Rice Street, Suite A473 Lihue, HI 96766-1326 Re: Shoreline Setback Application Barnet and Julie Feinblum 3529 Anini Road Kilauea, Kauai, Hawaii 96754 Tax Map Key No. (4) 5-3-004-030 Dear Ms. Alvarez: ESQ. •1 �+ VIP Oil , Further to your email correspondence dated March 3, 2015, attached is the completed Shoreline Setback Application, along with a Google Earth Map depicting the location of the proposed lava rock wall approximately one hundred and ninety feet (190') from the shoreline. On behalf of the Feinblums, I look forward to hearing from you after you've completed your review of the subject Application. In the meantime, should you have any comments or questions in these regards, please do not hesitate to contact me. Sincerely, Harvey L. Cohen I3LC/hs enclosures c: Barnet and Julie Feinblum (via email)(w/o encl.) hcohenattyCaol.com • 808-826-4226 phone • 808-826-4227 fax 5-2480 Puhio Highway, Princeville Center, Suite 6207 •Send mail to: P.O. Box 223755, Princeville HI 96722 .50• p 2.6PJ'96 1 I � n iA✓a 1Zo' Wald �a/'a to -- Golun�IF n FLA 60woo00Z? �OC'�0000000 _ x sd.ol /Wiul P� I� F'�AO 41 V Z I Yf Asa <r " _1 . .SHWT POP" .c . _... mac+ CR m NOTFORCONSTRUCTION , .Er�1(-S As-&n4 D?w pIgs ONLY LL4& �... ��'. .._. T3�l• Sto. be Certified IF _.. , u .R u.ei.Saa by Llceissed Lend Surveyor i _c. a, .La.; 1 0 I Proposal Customer: Barney FaN04 /111 l 3529 Anini Beach rd. Kilauea HI 96754 Moss rock wall in front of property. Free standing wall. M.Koli Masonry Contractors Lic. #c-30221 Moleni Koli (808)346-0579 (808)330-7850 Wall starts from the far left of the property pin and runs 1 1 ft., there will be a Oft opening for a walkway. Wall continues on for 108ft. and curves to the first column of the driveway. 2nd column along with wall continues on opposite side of the driveway entrance, wall being 7ft. long. TOTAL OF WALL ITSELF: 126ft.(long)x3ft.(height)x18in. (Width) Two faced wall, Rock cap Footing at 2ft wide and 16 inch deep TOTAL OF COLUMNS: 2 Columns, 1 on either side of driveway 5ft.(height)x2ft(width) each. 4 faced column Footing at 3ft. wide x 18 inches deep Rebor mesh and uprights As agreed upon project, there will be three payments. First payment of $120000 will be collected for materials and expenses for starting of job. Second payment of $5,000 will be collected once the initial wall is completed. Final payment of $5,000 will be collected once columns are completed. Total of $22,000 X AJ�Ziz,i�` X I2/3�� Customer signature/ Date Contractors signature/ Date COUNTY OF KAUAI PLANNING DEPARTMENT 4444 RICE STREET, SUITE A473 LIHUE, HAWAII 96766 (Official Receipt) 'Depositor tender of this instrument shall not be considered evidence of approval or renewal Receipt Number: 29639 Shorelilne Determination No: Received from PROPERTY ADDRESS: Tax Map Key: 453004030 Lihue, Kauai, Hawaii, SSD-2015-37 Barnet &Julie Feinblum 3529 Anini Road Kilauea, HI 96754 5 5 2015 SHORELINE DETERMINATION FEE:' $100.00 C� Check ❑ Cash Check Number: � 1748 (JAM) l�fannitag Ciirecttrr or his authar¢zetd tt�errt Tuesday, May O5, 2015 Page 1 of 1 PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION - FOR OFFICIAL USE ONLY: SSD 201 Acceptance Date: Website Posting Date: Determination Date: Planning Commission Date: Ex Lmtion Date: Planner Assigned: Instructions: File all information requested under Part A for processing the Determination of Applicability (§&27.1), including signature page. Fill out Parts A and B if you know, due to proximity of the shoreline, that your parcel will require a Certified Shoreline Survey. If you are proposing a permitted structure or subdivision within the shoreline setback area fill in Part C. For applications involving a variance, complete Part D. A rlicant Information Applicant: Colin Shimokawa of Shimokawa Nakamura LLC Mailing Address: 44g1 HO'ol aulea Way, R++�2n2Phone: 808-955-3373 Lihue Kauai, HI 96766 Email: colin@snllc.us Applicant's Status: (Check one ❑ Owner of the Property (Holder of at least 75% of the equitable and legal title) ❑ Lessee of the Property Lessee must have an unexpired and recorded lease of five (5) years or more from the date of filing of this application. If not, Owner(s) must provide a Letter of Authorization. ❑X Authorized Agent Attach Letter of Authorization Transmittal Date: —/ County Zoning District: Kauai Tax Map Key(s){ 4) — — Land Area: Nature of Development: Addition of 2 employee restrooms within existing (Description of proposed structure structure or subdivision) NO PERMITS WILL BE ISSUED WITHOUT PLANNING COMMISSION ACCEPTANCE, EXCEPT AS PROVIDED IN §8-27.8(c)(8) Part A Shoreline Setback Determination oMpplicability (§&27.1) Check all that apply, fill in applicable information. Any box checked must be accompanied by additional information, photos and/or documentation. ❑ Properties Abutting the Shoreline ❑ Project's approximate distance from shoreline: ® Properties Not Abutting the Shoreline [R Project's approximate distance from shoreline: 885 FT ❑x Additional Information: ® Closest distance of improvement(s) from Shoreline is approximately 885 ft. ❑ Number of parcels and type of improvements (roads, buildings, structures) between Shoreline and this parcel: -1- 3rosns PLANNING DEPARTMENT SHORELINE SETBACK APPLICATION FOR OFFICIAL USE ONLY: SSD 201 Acceptance Date: Website Poster Date: Determination Date: Plairning Commission Date: Expiration Date: Planner Assigned: 0 Topogrnphy (undulating, flat, slope, etc.) and g,-ound elevation of subject parcel (Lowest and Highest elevations) See Page 4:80-90 ft above Sea Level ® Shoreline type (e.g. beach, dune, rocky, sandy with rocky outcropping, etc.) Rocky ❑ Artificially armored Shoreline ❑ If checked, at type of armoring (e.g, seawall, revetment, bulkhead): ❑ Is the armoring pemtitted/authorized? ❑ Date of authorization (attach copy of authorization letter): ❑ Is property in coastal floodplain (if checked, what zone)? ❑ _ Has this lira er _ been subject to coastal hazards in the pasfl (If checked, If the proposed stmemre or subdivision is within the shoreline setback area then, please be aware that if the determination of a structure is approved, the Applicant shall agree in writing that the Applicant, its successors, and permitted assigns shall defend, indemnify, and hold the County of Kauai harmless from and against any and all loss, liability, claim or demand arising out of damages to said structures from any coastal natural hazards and coastal erosion, pursuant to §8-27.7(b)(2). The requirements of the Subsection (b) shall run with the land and shall be set forth in a unilateral agreement recorded by the applicant with the Bureau of Conveyances or the Land Count, whichever is applicable, no later than thirty (30) days after the date of final shoreline approval of the structure trader §8-27.8. A copy of the recorded unilateral agreement shall be filed with the Director and the County Engineer no later than Forty-five (45) days a$er the date of the final shoreline determination and approval of the structure and the filing of such with the Director shall be a prerequisite to the issuance of any related building permit. §8-27.7(b)(6). Applicant's Signature Signature ❑ Sethach Determination necessary. Requirements of Ordinance No. 979 are applicable. Date 2- riosns Ln cr 0 January 14, 2015 Kauai Planning Department 4444 Rice Street, Suite A473 Lihue, Hawaii 96766 To Whom It May Concern: On behalf of Kauai Lagoons, LLC, I hereby authorize Colin 5himokawa of Shimokawa Nakamura LLC to act on our behalf for the purposes of the Planning and Building Department processes for the Kalanipu'u — Employee Restroom Addition project. Thank you for your kind attention and cooperation. Sincerely, Timothy Tansey Senior Regional Project Director Kauai Lagoons LLC Kauai Lagoons LLC 3351 Hoolaulea Way Lihue; HI 96766 Phone: (808) 241-2067