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HomeMy WebLinkAbout12-11-12 Planning Commision Agenda with AMENDED SD AGENDA web KAUA'I PLANNING COMMISSION REGULAR MEETING Tuesday, December 11, 2012 9:00 a.m. or Soon Thereafter Li-hu'e Civic Center, Moikeha Building Meeting Room 2A-2B 4444 Rice Street Li-hu'e, Kaua'i, Hawaii AGENDA A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA D. MINUTES of the meetings) of the Planning Commission 1. Regular Meeting of November 13, 2012 2. Regular Meeting of November 27, 2012 E. RECEIPT OF ITEMS FOR THE RECORD F. HEARINGS AND PUBLIC COMMENT Individuals may orally testify on items on this agenda during the Public Comment Period. Please call the Planning Department prior to the meeting or notify Commission Staff at the meeting site. Testimony may also be accepted when the agenda item is taken up by the Commission at the discretion of the Chair. Testifiers shall limit their testimony to three (3) minutes, but may be extended longer at the discretion of the Chair. Written testimony is also accepted. An original and twelve (12) copies of written testimony can be hand delivered to the Planning Department or submitted to Commission Staff at the meeting site. 1. Continued Agency Hearing a. Class IV Zoning Permit Z-IV-2013-2, Use Permit U-2013-2 and Special Management Area Use Permit SMA(U)-2013-1, to allow after-the-fact improvements involving Lot 6 of the Kahili Makai Subdivision, which includes construction of a concrete retaining wall, drainage sump, and extension of concrete driveways, on a parcel situated along the makai side of Kuhi`6 Highway, near the terminus of Kahili Makai Road, further identified as Tax Map Key (4) 5-2-021: 006, and affecting a portion of a 27.56-acre parcel = Lauren Nicole Spellman Smith and Brian John Smith. [Director's Report received 10/23/12, deferred 11/13/12.] 1. Letter(12/5/12) from Lorna A. Nishimitsu, Esq., requesting extension of time for action to the Planning Commission's March 12,2013 meeting. F. HEARINGS AND PUBLIC COMMENT (Cont'd) 2. New Agency Hearing (NONE) 3. Continued Public Hearing (NONE) 4. New Public Hearing a. Zoning Amendment ZA-2013-2: Amendment to Sections 9-2.3 & 9-2.11 of the Subdivision Ordinance, Chapter 9 of the Kaua'i County Code (1987), as amended to allow for multi-modal transportation principles for subdivisions = Planning Department. 1. Director's Report pertaining to this matter. 5. All public testimony pursuant to HRS 92 G. CONSENT CALENDAR 1. Status Reports (NONE) 2. Director's Report(s) for Project(s) Scheduled for Agency Hearing on 1/8/13 (NONE) 3. Shoreline Setback Activity Determination a. Shoreline Setback Commission Review SSCR-2013-08 and Shoreline Setback Determination SSD-2013-18 for a shoreline activity determination, Tax Map Key 4-9-004:008, Anahola, Kaua'i, for acceptance by the Commission = William &Margaret Hosm er. 1. Director's Report pertaining to this matter. b. Shoreline Setback Commission Review SSCR-2013-9 and Shoreline Setback Determination SSD-2013-24 for a shoreline activity determination, Tax Map Key 4-3-009:050, Waipouli, Kauai, for acceptance by the Commission = Kauai Kailani. 1. Director's Report pertaining to this matter. H. EXECUTIVE SESSION (NONE) I. GENERAL BUSINESS MATTERS (NONE) I COMMUNICATION (For Action) (NONE) K. COMMITTEE REPORTS 1. Subdivision Subdivision Action matters listed in the Subdivision Committee Agenda(attached). L. UNFINISHED BUSINESS (For Action) (NONE) M. NEW BUSINESS 1. For Action— See Agenda F for Protect Descriptions N. ANNOUNCEMENTS 1. The following scheduled Planning Commission meeting will be held at 9:00 a.m., or shortly thereafter at the Lihu'e Civic Center, Moikeha Building, Meeting Room 2A- 2B,4444 Rice Street, Lihu'e, Kaua'i, Hawaii 96766 on Tuesday,January 8,2013. O. 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. KAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING Lihue Civic Center,Moikeha Building Meeting Room 2A-213 4444 Rice Street, Lihue,Hawaii 96766 Tuesday,December 11,2012,8:30 A.M. AGENDA Call to Order Approval of the Agenda Minutes—Meetings of October 23, 2012 &November 13,2012 Public Comment for Listed Agenda Items A. GENERAL BUSINESS MATTERS B. COMMUNICATIONS C. UNFINISHED BUSINESS (For Action) 1. Tentative Subdivision Extension Requests: a. S-2006-45 =Kealia Properties LLC. (formerly 24-lot Subdivision Plantation Partners Kauai, LLC/Kealiakealanani) TMK: 4-7-003:002 Kealia, Kauai 1. Executive Session: The Subdivision Committee requested an executive session at its previous meeting. Pursuant to Hawai'i Revised Statutes Sections 92-4 and 92-5(a)(4), the purpose of this executive session for the Subdivision Committee is to consult with the County's legal counsel on questions relating to the tax appeal concerning Kealia Properties, LLC, as well as issues related to a request by Kealia Properties, LLC to have the Planning Commission accept a mortgage as security pursuant to Section 9-3.6(b)(2)(c). This consultation involves consideration of the Subdivision Committee's powers, duties, privileges, immunities, and/or liabilities with regard to this agenda item. b. S-2006-46=Kealia Properties LLC. (formerly 48-lot Subdivision Plantation Partners Kauai, LLC/Kealiakealanani) TMK: 4-7-004:001 Kealia, Kauai 1. Executive Session: The Subdivision Committee requested an executive session at its previous meeting. Pursuant to Hawai'i Revised Statutes Sections 92-4 and 92-5(a)(4), the purpose of this executive session for the Subdivision Committee is to consult with the County's legal counsel on questions relating to the tax appeal concerning Kealia Properties, LLC, as well as issues related to a request by Kealia Properties, LLC to have the Planning Commission accept a mortgage as security pursuant to Section 9-3.6(b)(2)(c). This consultation involves consideration of the Subdivision Committee's powers, duties, privileges, immunities, and/or liabilities with regard to this agenda item. D. NEW BUSINESS (For Action) 1. Final Subdivision Extension Request: a. 5-93-50=McBryde Sugar Company LLC. 2-lot Subdivision TMK: 2-4-007:20, 23-25 Kalaheo,Kauai b. 5-2006-04=McBryde Sugar Company LLC. 2-lot Subdivision TMK: 2-4-007:02, 03, 18 Kalaheo,Kauai 2. Final Subdivision Action: a. 5-2012-05 =Kealia Makai Holdings LLC. 2-lot Boundary Adjustment TMK: 4-7-006:018; 4-7-007:001 Kealia, 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. AMENDED KAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING Lihue Civic Center,Moikeha Building Meeting Room 2A-213 4444 Rice Street,Lihue,Hawaii 96766 NOTE: Agenda amendment is bolded and underlined and for public information purposes only as it relates to a communication received on a posted agenda item. The communication is a non- substantive change to the agenda and will be taken up by the committee at the time the agenda is approved at the beginning of the meeting. Tuesday,December 11,2012,8:30 A.M. AGENDA Call to Order Approval of the Agenda Minutes—Meetings of October 23, 2012 &November 13, 2012 Public Comment for Listed Agenda Items A. GENERAL BUSINESS MATTERS B. COMMUNICATIONS C. UNFINISHED BUSINESS (For Action) 1. Tentative Subdivision Extension Requests: a. S-2006-45 =Kealia Properties LLC. (formerly Plantation 24-lot Subdivision Partners Kauai,LLCKedliakealanani) TMK: 4-7-003:002 Kealia,Kauai 1. Executive Session: The Subdivision Committee requested an executive session at its previous meeting. Pursuant to Hawai'i Revised Statutes Sections 92-4 and 92-5(a)(4), the purpose of this executive session for the Subdivision Committee is to consult with the County's legal counsel on questions relating to the tax appeal concerning Kealia Properties, LLC, as well as issues related to a request by Kealia Properties, LLC to have the Planning Commission accept a mortgage as security pursuant to Section 9-3.6(b)(2)(c). This consultation involves consideration of the Subdivision Committee's powers, duties, privileges, immunities, and/or liabilities with regard to this agenda item. a. Letter (12/6/12) from Peter Nolan, Owner, Kealia Properties, Withdrawing Request to Extend Subdivisions Kealia Mauka Subdivisions Makee & Kumukumu, (5-2006-45 & 5-2006-46) aka Kealanani Project. b. 5-2006-46=Kealia Properties LL C. (formerly Plantation 48-lot Subdivision Partners Kauai,LLC/Kealiakealanani) TMK: 4-7-004:001 Kealia,Kauai 1. Executive Session: The Subdivision Committee requested an executive session at its previous meeting. Pursuant to Hawai'i Revised Statutes Sections 92-4 and 92-5(a)(4), the purpose of this executive session for the Subdivision Committee is to consult with the County's legal counsel on questions relating to the tax appeal concerning Kealia Properties, LLC, as well as issues related to a request by Kealia Properties, LLC to have the Planning Commission accept a mortgage as security pursuant to Section 9-3.6(b)(2)(c). This consultation involves consideration of the Subdivision Committee's powers, duties, privileges, immunities, and/or liabilities with regard to this agenda item. a. Letter (12/6/12) from Peter Nolan, Owner, Kealia Properties, Withdrawing Request to Extend Subdivisions Kealia Mauka Subdivisions Makee & Kumukumu, (5-2006-45 & 5-2006-46) aka Kealanani Project. D. NEW BUSINESS (For Action) 1. Final Subdivision Extension Request: a. 5-93-50=McBryde Sugar Company LLC. 2-lot Subdivision TMK: 2-4-007:20, 23-25 Kalaheo,Kauai b. 5-2006-04=McBryde Sugar Company LLC. 2-lot Subdivision TMK: 2-4-007:02, 03, 18 Kalaheo, Kauai 2. Final Subdivision Action: a. 5-2012-05 =Kealia Makai Holdings LLC. 2-lot Boundary Adjustment TMK: 4-7-006:018; 4-7-007:001 Kealia,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.