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.