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HomeMy WebLinkAboutAGENDA 6-20-12 LT Planning Commission 6-26-12 KAUAI PLANNING COMMISSION REGULAR MEETING Tuesday, June 26, 2012 9:00 a.m. or Soon Thereafter Lihue Civic Center, Moikeha Building Meeting Room 2A-2B 4444 Rice Street, Lihue, Kauai, Hawaii AGENDA A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA D. MINUTES of the meeting(s) of the Planning Commission 1. Meeting of April 24, 2012 2. Meeting of May 8, 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 (NONE) 2. New Agency Hearing: a. Class IV Zoning Permit Z-IV-2012-15 to allow commercial development on a parcel within Kilauea Town that is greater than one (1) acre in size, situated at the Hookui Road/Kolo Road intersection, further identified as Tax Map Key 5-2- 009: 008, and containing a total area of 1.74 acres =Michael M. Dyer Revocable Trust. [Postponed 4/24/12, postponed 5/8/12, scheduled for 6/12/12 but moved to 6/26/12 due to lack of quorum.] 1. Director's Report Supplement No. 2 pertaining to this matter. VA2012 Master Files\Commissions\Planning\Agendas\AGENDA 6-20-12 LT Planning Commission 6-26-12.docx F. HEARINGS AND PUBLIC COMMENT (Cont'd) 2. New Agency Hearing: (Cont'd) b. Special Management Area Use Permit SMA(U)-2012-04, to allow a lateral expansion to the existing Kekaha Landfill (KLF) to include three additional cells, involving a parcel located along the makai side of Kaumuali`i Highway, approx. 1.3 miles west of Kekaha Town, further identified as Tax Map Key (4) 1-2-002: 001 (Portion), 009, and containing a total project area of 98 acres = County of Kaua'i, Department of Public Works. 1. Director's Report pertaining to this matter. c. Class IV Zoning Permit Z-IV-2012-17 and Variance Permit V-2012-08 to deviate from the requirements noted in Section 8-3.6(a) of the Kaua'i County Code (1987) relating to the maximum pole length of a flag lot, involving a 3-lot subdivision of a parcel located along Pune'e in Omao, approx. 1,500 ft. south of its intersection with Kaumuali`i Highway, further identified as Tax Map Key 2-7-006: 006, 129 and containing a total area of 3.16 acres = Kenneth Souza Jr./Kenneth A. Souza Trust. 1. Director's Report pertaining to this matter. d. Class IV Zoning Permit Z-IV-2012-18, Special Permit SP-2012-38 and Use Permit U-2012-14 to operate a sporting clay facility, similar to clay pigeon shooting, on property in the vicinity of the Kapaia Electric Power Plant, along the western side of Ma'alo Road, further identified as Tax Map Key 3-8-002: 002 (Portion), affecting a total area of 12 acres = Benjamin & Andrealee Ellsworth (dba Kauai Eco Sporting Clays, LL C.) 1. Director's Report pertaining to this matter. 3. Continued Public Hearing_(NONE) 4. New Public Hearing (NONE) 5. All public testimony pursuant to HRS 92 G. CONSENT CALENDAR 1. Status Reports. (NONE) 2. Director's Reports for Project(s) Scheduled for Agency Hearing on 6/26/12 a. Class IV Zoning Permit Z-IV-2012-17 and Variance Permit V-2012-08 to deviate from the requirements noted in Section 8-3.6(a) of the Kaua'i County Code (1987) relating to the maximum pole length of a flag lot, involving a 3-lot subdivision of a parcel located along Pune'e in Omao, approx. 1,500 ft. south of its intersection with Kaumuali`i Highway, further identified as Tax Map Key 2-7-006: 006, 129 and containing a total area of 3.16 acres = Kenneth Souza Jr./Kenneth A. Souza Trust. [Scheduled for 6/12/12 but moved to 6/26/12 due to lack of quorum.] 1. Director's Report pertaining to this matter. G. CONSENT CALENDAR (Cont'd) 2. Director's Reports for Project(s) Scheduled for Agency Hearing on 6/26/12 (Cont'd) b. Class IV Zoning Permit Z-IV-2012-18, Special Permit SP-2012-38 and Use Permit U-2012-14 to operate a sporting clay facility, similar to clay pigeon shooting, on property in the vicinity of the Kapaia Electric Power Plant, along the western side of Ma'alo Road, further identified as Tax Map Key 3-8-002: 002 (Portion), affecting a total area of 12 acres = Benjamin & Andrealee Ellsworth (dba Kauai Eco Sporting Clays, LLC (KEOSC). [Scheduled for 6/12/12 but moved to 6/26/12 due to lack of quorum.] 1. Director's Report pertaining to this matter. 3. Director's Reports for Project(s) Scheduled for Agency Hearing on 7/10/12 a. Class IV Zoning Permit Z-IV-2012-20, Special Permit SP-2012-39 and Use Permit U-2012-16 to allow various site improvements to the National Tropical Botanical Gardens (NTBG) including the conversion of an existing tool shed into a Snack Shop, construction of a Comfort Station, Gardener's & Heavy Equipment Storage Facilities, Pedestrian & Vehicular Bridges, and trail & walkway enhancements on a parcel situated approx. 4,500 ft. south of the Lawa`i Highlands Estate Subdivision in Lawa`i, also referred to as the McBryde Garden, further identified as Tax Map Key 2-6-003: 052, and affecting a total area of approx. 5 acres =National Tropical Botanical Garden. 1. Director's Report pertaining to this matter. b. Class IV Zoning Permit Z-IV-2012-19 and Use Permit U-2012-15 to allow establishment of an alternative home school facility on a parcel located in Lawa`i, Kaua'i, along the northern side of K61oa Road, situated near the K61oa Road/Lawa`i Loa Road intersection, further identified as Tax Map Key 2-6-003: 055, and containing .35 acres =Kevin and Angela Kuzma. 1. Director's Report pertaining to this matter. 4. Shoreline Setback Activity Determination a. Shoreline Setback Commission Review SSCR-2012-12 for a shoreline setback determination, Tax Map Key (4) 2-6-007: 013, Po'ipu, Kaua'i, for acceptance by the Commission=Maxine Votaw. 1. Director's Report pertaining to this matter. b. Shoreline Setback Commission Review SSCR-2012-13 for a shoreline setback determination, Tax Map Key (4) 4-3-008: 001, Waipouli, Kaua'i, for acceptance by the Commission = Waipouli Beach Resort, LLC (Palms Hawaii Architecture, Authorized Agent). 1. Director's Report pertaining to this matter. G. CONSENT CALENDAR (Cont'd) 4. Shoreline Setback Activity Determination (Cont'd) c. Shoreline Setback Commission Review SSCR-2012-14 for a shoreline setback determination, Tax Map Key(4) 4-3-009: 001, Wailua, Kaua'i, for acceptance by the Commission=Stephanie Skow. 1. Director's Report pertaining to this matter. d. Shoreline Setback Commission Review SSCR-2012-15 for a shoreline setback determination, Tax Map Key(4) 4-5-002: 023, Kapa`a, Kaua'i, for acceptance by the Commission= County of Kaua'i, Department of Public Works. 1. Director's Report pertaining to this matter. H. EXECUTIVE SESSION Pursuant to Hawaii Revised Statutes Sections 92-4 and 92- 5(a)(4), and Kauai County Charter Section 3.07(E), the Office of the County Attorney requests an executive session with the Planning Commission to discuss a proposed settlement of the Fifth Circuit Civil No. 12-1-0103, Weatherwax Family 2000 Trust vs. Planning Commission of the County of Kauai and County of Kauai, regarding Special Permits SP-2011-24 and SP-2012-34, Tax Map Key 5-3-04:20, Kalihikai, Kauai = Weatherwax Family Trust and related matters. This briefing and consultation involves the consideration of the powers, duties, privileges, immunities and/or liabilities of the Planning Commission as they relate to this agenda item. I. GENERAL BUSINESS MATTERS 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) 1. Project Development Use Permit P.D. U-2012-1, Use Permit U-2012-7, Variance Permit V-2012-5 and Class IV Zoning Permit Z-IV-2012-7 for development of a commercial shopping center that includes a mixture of commercial/retail uses, offices, restaurant, bank, and health clinic, on property located within Kilauea Town, situated immediately across the Kong Lung building, along the north side of the Kilauea Lighthouse Road/Keneke Road intersection, further identified as Tax Map Key 5-2-023: 027 & 028, and containing a total area of 7.46 acres = Kilauea Ventures, LLC. [Director's Report received 11/8/11, hearing closed 11/22/11 and deferred to 2/14/12 by consent, further deferred to 6/26/12 by consent.] M. NEW BUSINESS 1. For Action—See Agenda E for Project Descriptions a. Class IV Zoning Permit Z-IV-2012-15 =Michael M. Dyer Revocable Trust. b. Special Management Area Use Permit SMA(U)-2012-04 = County of Kauai, Department of Public Works. c. Class IV Zoning Permit Z-IV-2012-17 and Variance Permit V-2012-08 = Kenneth Souza 1r./Kenneth A. Souza Trust. d. Class IV Zoning Permit Z-IV-2012-18, Special Permit SP-2012-38 and Use Permit U-2012-14 = Benjamin & Andrealee Ellsworth (dba Kauai Eco Sporting Clays, LLC.) 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,Hawai'i 96766 on Tuesday,July 10, 2012. 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,June 26,2012,8:30 A.M. AGENDA Call to Order Approval of the Agenda Minutes—Meetings of March 27th,April 10th,April 24th, &May 8, 2012 Public Comment for Listed Agenda Items A. GENERAL BUSINESS MATTERS B. COMMUNICATIONS C. UNFINISHED BUSINESS D. NEW BUSINESS (For Action) 1. Tentative Subdivision Action: a. S-2012-12=Jean E. Nadatan i 2-lot Subdivision TMK: 2-5-003:006 Lawa`i,Kauai b. S-2012-14= Wailua Ranch, LLC. 3-lot Subdivision TMK: 4-4-008:005 Wailua Homesteads, Kauai 2. Final Subdivision Action: a. S-2012-03 =James M. Keahi Trust/Randall W. 2-lot Subdivision Yates Trust TMK: 1-6-002:074 Waimea, 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.