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HomeMy WebLinkAboutPlanning Commission 10-09-12 Agenda KAUAI PLANNING COMMISSION REGULAR MEETING Tuesday, October 9, 2012 9:00 a.m. or Soon Thereafter Libu'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 August 28, 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-2013-3 and Use Permit U-2013-3 to permit the construction and use of a farm worker housing facility at a site located approx. 0.5 miles west of the southern intersection of Koolau Road and Kuhi`o Highway in Moloa'a, Kaua'i, further identified as Tax Map Key 4-9-009-009 (Condominium Property Regime Unit 0002), and affecting a portion of a 592 acre parcel = Ned and Marta Whitlock dba Moloa'a Organicaa. [Director's Report received 9/11/12.] VA\2013 Master Files\Commissions\Planning\PAgenda\Planning Commission 10-09-12 Agenda.doex F. HEARINGS AND PUBLIC COMMENT (Cont'd) 3. Continued Public Hearing: (NONE) 4. New Public Hearing a. Zoning Amendment ZA-2013-1 (proposed Draft Bill No. 2439) to amend Chapter 8 of the Kaua'i County Code, 1987, to create a Planning Enforcement Account to assist the Planning Department with enforcement of the codes, statutes and regulations it has the authority to enforce=Kaua'i County Council. 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 Proiect(s) Scheduled for Agency Hearing on 10/23/12 (NONE) 3. Shoreline Setback Activity Determination (NONE) H. EXECUTIVE SESSION 1. 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 the 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. Action on Special Permits SP-2011-24 and SP-2012-34, Weatherwax Family Trust, pursuant to Court order. J. GENERAL BUSINESS MATTERS (NONE) K. COMMUNICATION (For Action) (NONE) L. COMMITTEE REPORTS 1. Subdivision Subdivision Action matters listed in the Subdivision Committee Agenda(attached). M. UNFINISHED BUSINESS (For Action) a. Request from Keith Robinson (7/23/12) for an additional time extension for Special Permit SP-2006-2, Use Permit U-2006-28 and Class IV Zoning Permit Z-IV-2006- 31 to continue operating a helicopter landing facility and botanical tours on Nonopahu Ridge, Makaweli, Kaua'i, Tax Map Key 1-7-007: 011 = Keith Robinson Helicopters. [Deferred 9/11/12.] 1. Director's Report pertaining to this matter. N. NEW BUSINESS (NONE) 1. For Action— See Allenda E for Project Descriptions O. ANNOUNCEMENTS 1. The following scheduled Planning Commission meeting will be held at 9:00 a.m., or shortly thereafter at the Li-hu'e Civic Center, Moikeha Building, Meeting Room 2A- 2B,4444 Rice Street, Lihu'e, Kaua'i,Hawai'i 96766 on Tuesday, October 23,2012. P. 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, October 9,2012,8:30 A.M. AGENDA Call to Order Approval of the Agenda Minutes—Meeting of August 28,2012 Public Comment for Listed Agenda Items A. GENERAL BUSINESS MATTERS B. COMMUNICATIONS 1. Letter from the Director of Planning on the status of discussions with Kedlia Properties, LLC (formerly Plantation Partners Kaua'i, LLC/Kealiakealanani) concerning their extension request and the need for the Department to further engage in discussions and subsequently proposing a scheduling change on the matter to October 23, 2012. C. UNFINISHED BUSINESS (For Action) 1. Tentative Subdivision Extension Requests: a. S-99-45 =Allen Family LLC/Moloa`a Bay Ventures, 12-lot Subdivision LLC/Three Stooges, LL TMK: 4-3-003:001 Kapa`a,Kauai D. NEW BUSINESS (For Action) 1. Tentative Subdivision Action: a. S-2013-01 =James Nishida 2-lot Subdivision TMK: 4-2-022:015 Wailua Homesteads,Kauai b. S-2013-02=Michael&Barbara Castillo 2-lot Subdivision TMK: 2-3-020:0109 Kalaheo, Kauai D. NEW BUSINESS (For Action) (Cont'd) 1. Tentative Subdivision Action: c. 5-2013-03 =State of Hawaii, Department of Land 3-lot Subdivision and Natural Resources (DLNR) TMK: 3-9-001:002; 3-9-002:001 Kapaia, 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.