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Home My WebLink About2-12-13 Planning Commision Agenda web KAUA'I PLANNING COMMISSION REGULAR MEETING Tuesday, February 12, 2013 9:00 a.m. or Soon Thereafter Lihu'c Civic Center, Moikcha Building Meeting Room 2A-2B 4444 Rice Street Lihu'c, Kaua'i, Hawai'i AGENDA A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA D. MINUTES of the meetine(s) of the Planning Commission 1. Regular Meeting of January 8, 2013 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 Agencv Hearing (NONE) 2. New Agencv Hearing a. Class IV Zoning Permit Z-IV-2013-10, Use Permit U-2013-9 and Special Permit SP-2013-3 to allow a storage operation involving various uses including construction and stockpile material, recycled metals, shipping goods and containers, and heavy equipment/trailers, on property situated immediately west of Puhi Town, along the south side of Kaumuali`i Highway, approx. '/2 mile west of its intersection with Anonui Street, further identified as Tax Map Key 3- 3-002: 011, and approx. 8.129 acres in size = Kauai Veteran's Express Company, Ltd [Director's Report received 1/22/13.] 1. Supplemental No. 1 Director's Report pertaining to this matter. F. HEARINGS AND PUBLIC COMMENT (Cont'd) 2. New Agencv Hearing (Cont'd) b. Class IV Zoning Permit Z-IV-2013-9 and Use Permit U-2013-8 to allow establishment of a group child care home facility on a parcel situated along Mamane Street in Kapa`a Town, approx. 350 ft. mauka of its intersection with Ulu Street, further identified as Tax Map Key 4-5-009: 018, and affecting a land area of 7,500 sq. ft. =Laura Check. [Director's Report received 1/22/13.] 1. Supplemental No. 1 Director's Report pertaining to this matter. C. Special Management Area Use Permit SMA(U)-2013-5 to construct a single- family residence on a parcel located along the makai side of Hulemalu Road in Niumalu, situated approx. 350 ft. south of its intersection with Niumalu Road, further identified as Tax Map Key 3-2-002: 036, and containing a total land area of 4.38 acres = Christopher White. 1. Director's Report pertaining to this matter. 3. Continued Public Hearing (NONE) 4. New Public Hearing a. Pursuant to Section 91-3, Hawai'i Revised Statutes, to consider the adoption of administrative rules under authority of Kauai County Charter Article XIV Section 14.03.E pertaining to the interpretation of Ordinance 894. The proposed adoption will specifically concern building paint colors allowable within the Lihue Town Core Special Planning Areas =County of Kauai. 1. Director's Report pertaining to this matter. 5. All public testimonv Pursuant to FIRS 92 G. CONSENT CALENDAR 1. Status Reports a. Annual Status Report (12/1/11) submitted by Frances Yamada of Wilson Okamoto Corporation, Agent for Special Management Area Use Permit SMA(U)-2005-8, Project Development Use Permit PD U-2005-26, Use Permit U-2005-25 and Class IV Zoning Permit Z-IV-2005-30 for Kauai Lagoons LLC & MORI Golf(Kauai) LLC., Tax Map Keys 3-5-001: 027 (Por.), 168, 69, 171 (Por.), 172 (Por.), 175 and 176. 1. Director's Report pertaining to this matter. 2. Director's Report(s) for Proiect(s) Scheduled for Agency Hearing on 2/26/13 (NONE) 3. Shoreline Setback Activitv Determination a. Shoreline Setback Commission Review SSCR-2013-11 and Shoreline Setback Determination SSD-2013-28 for a shoreline activity determination, Tax Map Key 4-9-014: 003, Moloaa, Kaua'i, for acceptance by the Commission = Norman D. Thompson. 1. Director's Report pertaining to this matter. 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. 10-1-0026, R313ST, LLC vs. Planning Commission of the County of Kauai and County of Kauai, Tax Map Key 4-4-006:002, 012, 013, Kapa`a Homesteads, Kauai = R3BST, LLC 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. 2. Pursuant to Hawai'i Revised Statutes Sections 92-5(a)(2 and 4) the purpose of this executive session is to discuss matters pertaining to the evaluation of the Planning Director. This session pertains to the Planning Director's evaluation where consideration of matters affecting privacy will be involved. Further, to consult with legal counsel regarding powers, duties, privileges and/or liabilities of the Planning Commission as it relates to the evaluation of the Planning Director. L GENERAL BUSINESS MATTERS 1. Planning Director Michael A. Dahilig's Petition to Revoke Applicant Coco Palms Ventures, LLC's Permits and Issue an Order to Show Cause, Appoint Hearings Officer and Set Hearing, dated 1/29/13, for Special Management Area Use Permit SMA(U)-2005-1, Project Development Use Permit PD-U-2005-4, Use Permit U- 2005-6, Variance Permit V-2005-1 and Class IV Zoning Permit Z-IV-2005-5. 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) 1. 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`o Highway in Hanalei Town, approx. 700 ft. east of the Aku Road/Kuhi`o 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. [Hearing closed 1/8/13.] a. Supplemental No. 1 Director's Report pertaining to this matter. 2. Presentation of 2013/14 — 2018-2019 Six-Year Capital Improvements Program Report and review of its consistency with the General Plan = County of Kauai. [Deferred 1/22/13.] a. Supplemental No. 1 Director's Report pertaining to this matter. b. County of Kaua'i Six-Year Capital Improvements Program FY 2013/14 — 2018/19 Final Report. M. NEW BUSINESS 1. For Action— See Agenda F for Proiect Descriptions N. ANNOUNCEMENTS 1. The following scheduled Planning Commission meeting will be held at 9:00 a.m., or shortly thereafter at the Lrhu'e Civic Center, Moikeha Building, Meeting Room 2A- 2B, 4444 Rice Street, Lrhu'e, Kaua'i, Hawai'i 96766 on Tuesday, February 26,2013. 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, February 12,2013, 8:30 A.M. AGENDA Call to Order Approval of the Agenda Minutes—Meeting of January 8, 2013 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-2013-09=R3BST, LLC 13-lot Subdivision TMK: 4-4-006:002, 012, 013 Kapa`aHomesteads, Kauai b. S-2013-10 —Sue Ann Takata, Kenji Yamashiro, 2-lot Boundary Adjustment Renee Yamashiro, Clayton Yamashiro TMK: 4-6-004:020-022 Kapa`aHomesteads, Kauai 2. Final Subdivision Action: a. S-2009-2=The Koloa Early SchoollKoloa 2-lot Subdivision Hougwauji Mission TMK: 2-8-004:056 Koloa, Kauai b. S-2012-09= Gail Shimokawa/Lori Shimokawa 2-lot Subdivision Caporus/Gordou Kireto TMK: 1-9-010:013 Hanapepe, Kauai 3. Tentative Subdivision Extension Requests: a. S-2008-04=Niu Pia Land Company, Ltd 23-lot Subdivision TMK: 4-4-002:12, 13, 15, 88 Wailua Homesteads, 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.