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HomeMy WebLinkAbout2-26-13 Planning Commision Agenda KAUA'I PLANNING COMMISSION REGULAR MEETING Tuesday, February 26, 2013 9:00 a.m. or Soon Thereafter Lihu'c Civic Center, Moikcha Building Meeting Room 2A-2B 4444 Rice Street, Li-hu'c, Kaua'i, Hawai'i AGENDA SWEARING IN OF NEW COMMISSIONERS 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 22, 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 Agency Hearing a. 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`o Highway/Wailapa Road intersection, further identified as Tax Map Key 5-1-005: 015, 1 and affecting a portion of approx. 22.10 acres = Brianna & Cynthia Fehring. [Director's Report received 11/13/12, deferred 11/27/12, continued 1/8/13.] 1. Letter (1/31/13) from Brianna & Cynthia Fehring requesting withdrawal of subject permits. V:A2013 Master Files VCommissions\Planning\Agenda\2-26.13 Planning Commision Agenda.docx F. HEARINGS AND PUBLIC COMMENT (Cont'd) 2. New Agencv Hearing (NONE) 3. Continued Public Hearing a. To consider the adoption of administrative rules under authority of Kauai County Charter Article XIV Section 14.03E, interpretation of Ordinance 935, pertaining to the interpretation and enforcement of Kauai County Code Section 8-1.5 concerning the definition of"Kitchen." [Hearing continued 1/22/13.] 1. Supplemental No. 1 Director's Report pertaining to this matter. b. To consider the adoption of administrative rules under authority of Kauai County Charter Article XIV Section 14.03E, interpretation of Ordinance 935, pertaining to the interpretation and enforcement of Kauai County Code Section 8-1.5 concerning the definition of"Dwelling Unit" and "Dwelling, Multiple Family." [Hearing continued 1/22/13.] 1. Supplemental No. 1 Director's Report pertaining to this matter. 4. New Public Hearing (NONE) 5. All public testimonv pursuant to FIRS 92 G. CONSENT CALENDAR 1. Status Reports (NONE) 2. Director's Report(s) for Project(s) Scheduled for Agency Hearing on 3/12/13 a. Class IV Zoning Permit Z-IV-2013-11, Use Permit U-2013-10 and Special Permit SP-2013-4 to construct a church facility that includes a meeting hall (worship space), two (2) meeting rooms, restrooms, office and a pastor's living quarters, on a parcel located in Po'ipu, along the western side of Ala Kinoiki (Po'ipu Bypass Road) and immediately across its intersection with Po'ipu Aina Place, further identified as Tax Map Key 2-8-022: 015, and containing a total area of 2.946 acres =Koloa Congregation of Jehovah's Witness. 1. Director's Report pertaining to this matter. b. Class IV Zoning Permit Z-IV-2013-12, Use Permit U-2013-11 and Variance Permit V-2013-4 to allow installation and height variance for an 80 ft. high monopine tower that includes twelve (12) panel antennas on a parcel situated in Kilauea, along the western side of Kilauea Lighthouse Road, immediately adjacent to the Kaua'i Christian Academy facility, further identified as Tax Map Key 5-2-004: 102, and affecting a portion of a larger parcel approx. 13.203 acres in size =New Cingular Wireless PCS, LLC(AT&T). 1. Director's Report pertaining to this matter. 3. Shoreline Setback Activitv Determination a. Shoreline Setback Commission Review SSCR-2013-14 and Shoreline Setback Determination SSD-2013-30 for a shoreline activity determination, Tax Map Key 4-3-009: 003, Kapaa, Kaua'i, for acceptance by the Commission = Jim MoIZ• 1. Director's Report pertaining to this matter. G. CONSENT CALENDAR (Cont'd) 3. Shoreline Setback Activitv Determination (Cont'd) b. Shoreline Setback Commission Review SSCR-2013-15 and Shoreline Setback Determination SSD-2013-32 for a shoreline activity determination, Tax Map Key 1-2002: 036, 40 Kekaha, Kaua'i, for acceptance by the Commission =State of Hawaii, Department of Land and Natural Resourcres (Maud Drag Strip). 1. Director's Report pertaining to this matter. C. Shoreline Setback Commission Review SSCR-2013-16 and Shoreline Setback Determination SSD-2013-35 for a shoreline activity determination, Tax Map Key 2-6-005: 014, Poipu, Kaua'i, for acceptance by the Commission = Kahi`d Shores at Po'ipa, Unit 306 1. Director's Report pertaining to this matter. d. Shoreline Setback Commission Review SSCR-2013-17 and Shoreline Setback Determination SSD-2013-36 for a shoreline activity determination, Tax Map Key 2-6-005: 014, Poipu, Kaua'i, for acceptance by the Commission = Kahi`d Shores at Po'ipa, Unit 209. 1. Director's Report pertaining to this matter. e. Shoreline Setback Commission Review SSCR-2013-18 and Shoreline Setback Determination SSD-2013-37 for a shoreline activity determination, Tax Map Key 2-6-005: 014, Poipu, Kaua'i, for acceptance by the Commission = Kahi`d Shores at Po'ipa, Unit 207. 1. Director's Report pertaining to this matter. H. EXECUTIVE SESSION 1. 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. Request for extension of Class IV Zoning Permit Z-IV-2008-5, Use Permit U-2008-3 and Special Permit SP-2008-2, Tax Map Key 1-8-001: 001, for an additional three (3) years to permit helicopter landings at Manawaiopuna Falls, Hanapepe Valley, Kaua'i=Island Helicopters. a. Director's Report pertaining to this matter. 2. Stipulated Decision and Order between Kealia Properties, LLC and the County of Kaua'i Rescinding Final Subdivision Approvals for S-2006-45 and S-2006-46. (For Action) 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. 2 Director's Report pertaining to this matter. 2. 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. 1/2 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, hearing closed and action deferred 2/12/13.] a. Supplemental No. 2 Director's Report pertaining to this matter. 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- 213, 4444 Rice Street, Lrhu'e, Kaua'i, Hawai'i 96766 on Tuesday, March 12,2013. 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 26,2013, 8:30 A.M. AGENDA Call to Order Approval of the Agenda Public Comment for Listed Agenda Items A. GENERAL BUSINESS MATTERS 1. Stipulated Decision and Order between Kealia Properties, LLC and the County of Kaua'i Rescinding Final Subdivision Approvals for S-2006-45 and S-2006-46. (For Action) B. COMMUNICATIONS C. UNFINISHED BUSINESS (For Action) 1. Tentative Subdivision Action: a. S-2013-09=R3BST, LLC 12-lot Subdivision TMK: 4-4-006:002, 012, 013 Wailua Homesteads, Kauai D. NEW BUSINESS (For Action) 1. Tentative Subdivision Action: a. S-2013-11 = `OhanaHanalei LLC. 2-lot Consolidation TMK: 5-4-004:001, 013 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.