|
Kauai - Growth & Expectations
Another Showdown
As the Kauai County Council, Planning Department, and Kauai's constituents passionately engage over Bill 2386, which seeks to define the proper implementation of the 2008 county charter amendment, it requires a brief description on the passion behind both sides of the issue. Section 3.19 of the County Charter is captured below, and if you want to start there, it may be worthwhile. It’s always been clear that Kauai does not want to be a leader in growth. In fact, one of the more popular bumpers stickers here reads, If you like Kauai, send your friends to Maui. In order to contain growth, and specifically the growth of transient accommodation units (TAU), in 2008 an amendment to the county charter was passed by an overwhelming majority of voters. At the end of last year, the council proposed Bill 2386 which transfers the responsibility to act upon Section 3.19 back to the planning department. The bill is in a re-draft status and currently floats between the council, public hearings, and the planning department.
In this economic downturn the County of Kaua‘i has not received innumerable requests for new Transient Accommodation Use. Keep in mind, that in order for a property to be approved in the first place, it must be located within the Visitor Destination Area (VDA). The concern from the voters are the many properties that currently consist of vacant land, fall within the Visitor Destination Area (VDA), are likely to become improved properties in the future, and may seek TAU status. These properties particularly fall within developments, and therein lies the quandary. There are those who believe that the amendment must be followed - period, and there are others who believe that developers, who already paid their dues to the county, deserve a break and should have their properties pre-approved for TAU status. According to Walter Lewis, a well respected northshore resident and advocate for transparent government, “Much of the responsibility of the un-built backlog falls to the Planning Commission which failed to conform to General Plan standards, failed to require orderly timetables for use of authority conferred and failed to establish a time for commencement of construction." Lewis believes that the Developers are, however, partially responsible for sitting back and failing participate in the process over the last few years. On the southshore, the developer's concern is highly visible, for within developments such as Kukui'ula and Poipu Beach Estates, where all properties fall within the Visitor Destination Area, and where the Developers complied with many County conditions of entitlement, the stakes are high. Rather than mothball thier projects, these Developers completed them, opting to refrain from leaving dustscreens as relics and symbols for what could have been. Needless to say, thier attorneys are working overtime and believe that their rights were vested ages ago. Kauai never seems to understand that the START defines the FINISH. Read Section 3.19 below and get involved...regardless of where you stand on the issue. "SECTION 3.19 Kauai County Charter Implementation of the General Plan A. The power to process and to issue any zoning, use, subdivision, or variance permit for more than one transient accommodation unit shall be vested in and exercisable exclusively by the council. As used in this Section, “transient accommodation unit” shall mean an accommodation unit or a portion thereof in a hotel, timeshare facility, resort condominium, fractional ownership facility, vacation rental unit or other similarly-used dwelling that is rented or used by one or more persons for whom such accommodation unit is not the person’s primary residence under the Internal Revenue Code. B. Any applicant seeking the issuance of a zoning, use, subdivision or variance permit for more than one accommodation unit shall certify to the planning department whether any use of the units as a transient accommodation unit is projected by the applicant. Prior to granting any such permit for a transient accommodation unit, the council shall conduct a public hearing and make a finding that granting such permit would be consistent with the planning growth range of the general plan and in the best interest of the county and its people. Approval of any such application shall require a favorable vote of two thirds (2/3) of the entire membership of the council. Appeals of any decision by the council relating to such permits must be instituted in the circuit court within thirty (30) days after entrance of the final decision of the council. C. The council may by ordinance authorize the planning commission to process and issue such permits, or certain of them, on terms and conditions as the council may deem advisable, only upon the council’s enactment of a rate of growth ordinance that limits the rate of increase in the number of transient accommodation units in the county to no greater than one-and-one¬half percent (1.5%) per annum on a multi-year average basis, or such growth rate that is within the planning growth range of afuture general plan adopted pursuant to Section 14.08. D. The council shall adopt such ordinances, laws, rules and regulations as are necessary to carry out the terms and intent of this amendment to the Charter. E. If any provision of this amendment shall be held by a final order of a court of competent jurisdiction to be invalid, all of the other terms of the amendment shall remain in full force and effect. (Amended 2008) |