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Kauai County planning

From dKosopedia

Categories: Kauai County, Hawaii | Planning in Hawaii | Kauai County planning

Contents 1 Overview 2 State land use classifications 2.1 Conservation District 2.2 Agricultural District 2.3 Rural District 2.4 Urban District 3 Kauai County Planning Department 3.1 Planning Commission 3.2 General Plan 3.3 Comprehensive Zoning Ordinance 4 External Links 4.1 Kukuiula resort 4.2 Waipouli resorts 4.3 Coco Palms 4.4 Updating the comprehensive zoning ordinance 4.5 No more 'big box stores' 4.6 Koloa 4.7 Nukoli'i 4.8 Housing setbacks at beaches 4.9 Subdivision moratorium

Overview

Private land use in Hawaii is highly regulated by a dual system of state and county laws. There are also federal laws that affect land use, such as wetland protection. Federal lands (such as the national parks) are not covered by state and county land use laws. [1]

State land use classifications

All land in Hawaii is classified into one of four classifications:

1. Conservation (about 51% of the land on Hawai'i Island),
2. Agricultural (about 46%),
3. Rural (less than 1%), and
4. Urban(about 2.5%).

The boundaries were initially set by the State Land Use Commission (LUC), a body of nine members appointed by the Governor. Changes to the boundaries can be done by ordinance of the County Council for areas of 15 acres or less, otherwise, the LUC must approve changes by a 6-3 vote. Only the LUC can take land out of the Conservation District. Typically, boundary amendments are initiated by landowner application and reviewed on a case-by-case basis, but the law also allows the state to conduct a periodic boundary review. [2]

Conservation District

Except for land that is also in the Special Management Area (SMA), as explained in more detail below, the Conservation District is solely under State jurisdiction. The Hawaii State Department of Land and Natural Resources (DLNR) has administrative responsibility over the Conservation District. [3]

Agricultural District

The County administers the Agricultural District within the framework of the State land use law. State law and LUC rules limit uses in the agricultural district, most of them relating to agriculture, including mills and other processing facilities, but allowing some non-agricultural uses such as wind energy facilities.

On lots created by subdivisions approved after June 4, 1976, homes are supposed to be “farm dwellings”, or otherwise accessory to agriculture, but in pre-June 4, 1976 subdivisions the homes can be “singlefamily dwellings.”

Lot sizes for subdivisions in the Agricultural District are set by the County Council through zoning, but must be at least one acre by state law.

The “special permit” process potentially allows a wide range of other uses. A special permit can be issued for any “unusual and reasonable” use. For areas of 15 acres or less, the County Planning Commission decides the special permit. For more than 15 acres, the special permit must be approved by both the Planning Commission and the State Land Use Commission. Examples of common special permits are bed-and-breakfast operations and cell phone towers. [4]

Rural District

There are only three significant differences between the Rural District and the Agricultural District:

1. homes can be single-family dwellings, even on post-June 4, 1976 subdivisions,
2. the minimum lot size is ½ acre (with an exception to 18,500 ft2), and
3. since a recent change in the law in 2005, golf courses are permitted in Rural, but not in the Agricultural District (although golf courses previously built or approved by the counties in the Agricultural District remain legal.) [5]

Urban District

The urban district is entirely under county jurisdiction and uses are controlled only by county zoning. [6]

Kauai County Planning Department

The Planning Department advises the Mayor, Planning Commission, and County Council on planning and land use matters for the County of Kauai. The Department is also responsible for the administration and enforcement of the Zoning and Subdivision Ordinances as well as the County’s planning program, which consists of long range and regulatory policy documents like the General Plan and Comprehensive Zoning Ordinance. [7]

Planning Commission

The commisssion consists of seven (7) members from the public that are appointed by the Mayor and confirmed by the Council. The Planning Commission meets twice a month to hold public hearings on zoning and land use permits and applications, as well as render decisions on these matters. [8]

General Plan

The Kauai General Plan is a direction-setting policy document that is intended to serve as a guide to help plan and improve the physical environment and quality of life for the people of Kauai, and to address the overall development of the island. This document also states the County’s vision for Kauai and establishes the strategies to help achieve that vision. [9]

Comprehensive Zoning Ordinance

The purpose of the Comprehensive Zoning Ordinance (CZO) is to provide regulations and standards for land development and the construction of buildings and other structures in the County of Kauai. The regulations and standards prescribed in the CZO are intended to regulate development to ensure its compatibility with the overall character of the island. (The link above will take you to the Kauai Board of Realtors' CZO page. [10]

External Links

• Kauai County Planning Department (Kauai County)
• Kauai General Plan (Kauai County)
• Kauai in Crises Hawaii Business, Sept. 2005.
• TenBruggencate, Jan. Farming to be required on Kaua'i subdivision 'estates' Honolulu Advertiser, October 8, 2006.

Kukuiula resort

• Large Kauai resort gets OK -- The Kukuiula hotel and residential plan now goes to the mayor Honolulu Star-Bulletin, July 24, 2004.

Waipouli resorts

• Woolard, Charlotte. Waipouli developments get conditional approval Garden Island, January 24, 2007.
• Chang, Lester. Waipouli resorts dealt a minor blow Garden island, February 15, 2007.

Coco Palms

• Grace Buscher Guslander, Coco Palms hotelier, 89, dies Honolulu Star-Bulletin, April 6, 2002.
• Sommer, Anthony. Resort’s ruins remain -- Remnants of the once-elegant Coco Palms are a reminder of the blow to tourism Honolulu Star-Bulletin, September 8, 2002.
• Sommer, Anthony. Reviving the ‘heart’ of Kauai resisted -- While some want Coco Palms restored, other residents decry the landmark's use Honolulu Star-Bulletin, October 10, 2004.
• Sommer, Anthony. helps clear way to rebuild Wailua resort Honolulu Star-Bulletin, October 27, 2004.
• Sommer, Anthony. $200M Coco Palms restoration gets OK Honolulu Star-Bulletin, January 26, 2005.
• Finnegan, Tom. Pre-sale parties revive Kauai resort's past Honolulu Star-Bulletin, August 24, 2006.
• Associated Press. Coco Palms plans move forward -- The resort devastated by Hurricane Iniki is famous as the setting for a 1961 Elvis film Honolulu Star-Bulletin, January 28, 2006.
• Finnegan, Tom. Coco Palms being rebuilt to former splendor -- The Kauai resort seen in "Blue Hawaii" will be replicated for 2008 Honolulu Star-Bulletin, January 28, 2006.
• Kam, Nadine. Coco Palms: A fantasy come true -- A new book tells how a Kauai hotel became a star in its own right July 8, 2007.
• Finnegan, Tom. Coco Palms hotel’s reopening delayed due to fitness center plan July 14, 2007.

Updating the comprehensive zoning ordinance

• Chang, Lester. Purpose of land use ‘bible’ argued The Garden Island, November 29, 2006.

No more 'big box stores'

• Chang, Lester. Baptiste:no more box stores for now The Garden Island, October 21, 2006.
• Chang, Lester. Commission seeks input on big-box law The Garden Island, November 15, 2006.
• Chang, Lester. Big box battle wages on in front of Planning Comission The Garden Island, December 13, 2006.
• Chang, Lester. Till the moon comes out The Garden Island, January 10, 2007.
• Chang, Lester. Wal-Mart claims it is permitted to expand The Garden Island, July 13, 2007.
• Wu, Nina. Wal-Mart says it will fight for Kauai expansion -- The company says its plans were approved before a big-box ban Honolulu Star-Bulletin, July 14, 2007.

Koloa

• Finnegan, Tom. Trees give way to stores -- Monkeypods that Koloa residents tried to save are cut down Honolulu Star-Bulletin, March 5, 2008.

Nukoli'i

Kauai County has had one referendum. This was the first time a citizens' vote was taken on the controversial Nukoli'i resort issue.

• Cataluna, Lee. Let's sing Nukoli'i blues again Honolulu Advertiser, May 5, 2006.

Housing setbacks at beaches

• Finnegan, Tom. Bill would set Kauai homes farther back from ocean Honolulu Star-Bulletin, December 9, 2006.

Subdivision moratorium

• Finnegan, Tom. Baptiste tries to halt subdivisions -- The mayor of Kauai submits his proposal for a moratorium Honolulu Star-Bulletin, August 4, 2007.

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