Loading...
HomeMy WebLinkAboutpcagenda KAUAI PLANNING COMMISSION REGULAR MEETING °12 NOV —7 A 8 :20 Tuesday, November 13, 2012 9:00 a.m. or Soon Thereafter # Lihu'e Civic Center, Moikeha Building Meeting Room 2A-2B 4444 Rice Street Lihu'e, 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. Regular Meeting of October 9, 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-2013-4, Use Permit U-2013-4 and Special Management Area Use Permit SMA(U)-2013-2, to accommodate improvements to the existing Wailua Wastewater Treatment Plant(WWTP) and to upgrade the existing SCADA system serving this facility, located on property along the northern side of Nalu Road, approx. 200 ft. east of its intersection with Leho Drive, further identified as Tax Map Keys (4) 3-9-006: 019 & 027, and affecting a total area of 3.676 acres = County of Kauai, Department of Public Works. [Director's Report received 10/23/12.] F. HEARINGS AND PUBLIC COMMENT (Cont'd) 2. New Agency Hearin: (Cont'd) b. 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 inGludes construction of a concrete retaining wall, drainage sump, and extension of concrete driveways, on a parcel situated along the makai side of Kiihi`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.] c. Special Management Area Use Permit SMA(U)-2013-3 to construct a new commercial office building and parking for 13 stalls on a parcel situated along Kuhi`6 Highway in Hanalei Town, approx. 700 ft. east of the Aku Road/Kuhi`6 Highway intersection, further identified as Tax Map Key 5-5-010: 079, and .containing a total area of approx. 10,977 sq. ft. = Halelea Investment Company. 1. Director's Report pertaining to this matter. d. Class IV Zoning Permit Z-IV-2013-5, Use Permit U-2013-5 and Special Permit SP-2013-1 to allow after-the-fact permits relating to the operation of construction baseyard for stockpiling, and the storage of construction materials, equipment & vehicles, on property situated near the terminus of Ehiku Street in Llhu'e, approx. 800 ft. west of the Ehiku Street/Kahakolu Street intersection, further identified as Tax Map Key 3-8-004. 001 (Portion), and affecting a total area of approx. 4 acres = Pacific Concrete Cutting & Coring, Inc. [Director's Report received 10/23/12.] 3. Continued Public Hearin: (NONE) 4. New Public Hearin: (NONE) 5. All public testimony pursuant to HRS 92 G. CONSENT CALENDAR 1. Status Reports a. Annual Status Report No. 5 (11/7/12) from Michael J. Belles, Esq., Belles Graham Proudfoot Wilson & Chun LLP, for Special Management Area Use Permit SMA(U)-2007-13, Project Development Use Permit P.D. U-2007-25 and Class IV Zoning Permit Z-IV-2007-29, Tax Map Key 2-8-16: 3 & 4 and 2-8- 15: 43, 44 & 82, Po'ipu, Kaua'i =SVO Pacific,Inc. 1. Director's Report pertaining to this matter. G. CONSENT CALENDAR (Cont'd) 2. Director's Report(s) for Project(s) Scheduled for Agency Hearing on 11/27/12 a. Class IV Zoning Permit Z-IV-2013-6 and Use Permit U-2013-6 to construct.a storage shed on property situated along Weliweli Road, immediately adjacent to the K61oa Neighborhood Center in K61oa Town, approx. 400 ft. southeast of the Weliweli Road/K61oa Road intersection, further identified as Tax Map Key 2-8- 008: 019, and affecting a total' area of 4,367 sq. ft. = Olegario & Anne E. Rivera. 1. Director's Report pertaining to this matter. b. Class IV Zoning Permit Z-IV-2013-7, Use Permit U-2013-7 and Special Permit SP 2013-2, to allow establishment of a group child care home facility on a parcel located within the Wailapa Subdivision, along the western side of Wailapa Road, situated approx. 1,700 ft. makai of the Kuhi`6 Highway/Wailapa Road intersection, further identified as Tax Map Key 5-1-005: 015, and affecting a portion of approx. 22.10 acres =Brianna & Cynthia Fehring. 1. Director's Report pertaining to this matter. c. Class IV Zoning Permit Z-IV-2013-8 and Variance Permit V-2013-8 to deviate from the setback & lot coverage requirements within the Neighborhood- Commercial (C-N) zoning district, pursuant to Section 8-5.5(b) & 8-5.5(g) of the Kauai County Code (1987), as amended, and Special Management Area Use Permit SMA(U)-2013-4 to permit the construction of an outdoor deck (after-the-fact) for the Anchor Cove Shopping Center, on property located on the makai side of Rice Street in Nawiliwili, further identified as Tax Map Key 3-2-004: 005, 006, & 056 with a total land area of 2.70 acres = JJ's Enterprises,LLC. 1. Director's Report pertaining to this matter. ?. Shoreline Setback Activity Determination a. Shoreline Setback Commission Review SSCR-2013-07 and Shoreline Setback Determination SSD-2013-12 for a shoreline activity determination, Tax Map Key 2-6-011: 013, 014, 015, Koloa, Kaua'i, for acceptance by the Commission =Kukui`ula Development Company. 1. Director's Report pertaining to this matter. b. Shoreline Setback Commission Review SSCR-2013-08 and Shoreline Setback Determination SSD-2013-14 for a shoreline activity determination, Tax Map Key 1-2-006: 003, Waimea, Kaua'i, for acceptance by the Commission = Kikiaola Land Company, Ltd 1. Director's Report pertaining to this matter. H. EXECUTIVE SESSION (NONE) I. GENERAL BUSINESS MATTERS 1. Action by the Planning Commission.on the Hearings Officer's Proposed Findings of Fact and Conclusions of Law and Decision and Order In the Matter of Petition to Appeal Decision of the Planning Director, Tax Map Key (4) 5-1-006: 002; CPR 0004, Robert D. Ferris Trust for a Non-Conforming Use Certificate for Property located in Kilauea, County of Kaua'i, State of Hawai'i, more particularly designated as Tax Map Key (4) 5-1-006: 002; CPR 0004, Appellant. J. 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 Project Descriptions N. ANNOUNCEMENTS 1. The followu-ig 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, Lgiu'e, Kauai, Hawaii 96766 on Tuesday, November 27, 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,November 13,2012,8:00 A.M. AGENDA Call to Order Approval of the Agenda Minutes—Meetings of October 9, 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, Kaua`i 1. Executive Session: The Subdivision Committee requested an executive session at its previous meeting. Pursuant to Hawaii 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. 5-2006-46=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 Hawaii 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. Tentative Subdivision Action: a. 5-2013-04 =Kukui'ula Development Company 2-lot Subdivision (Hawaii)LLC. TMK: 2-6-015:014 Kukui`ula,Kauai Z. Final Subdivision Action: a. S-2012-08=Princeville Prince Golf Course 2-lot Boundary Adj ustment TMK: 5-3-006:001, 014 Princeville, 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.