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HomeMy WebLinkAbout3-12-13 Planning Commision Agenda KAUA'I PLANNING CONMSSION REGULAR MEETING Tuesday, March 12, 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 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 February 12, 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-2013-11, 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. [Director's Report received 2/26/13.] V:\2013 Master Files\Commissions\Planning\Agenda\3-12-13 Planning Commision Agenda.docx F. HEARINGS AND PUBLIC COMMENT (Cont'd) 2. New Agencv Hearing (Cont'd) 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). [Director's Report received 2/26/13.] 3. Continued Public Hearing (NONE) 4. New Public Hearing (NONE) 5. All public testimonv pursuant to]FIRS 92 G. CONSENT CALENDAR 1. Status Reports a. 2013 Annual Status Report for Special Management Area Use Permit SMA(U)- 2006-04, Project Development Use Permit PDU-2006-6 and Class IV Zoning Permit Z-IV-2006-9, Tax Map Key 4-3-002: 015, 16 & 20, Kapa`a, Kauai — Coconut Beach Development, LLC. 1. Director's Report pertaining to this matter. b. Annual Status Report 2012 (1/30/13) regarding Compliance with Permit Conditions and Request to amend Condition No. 10 to allow additional time to complete project (submitted by Tracy Nagata, Vice President) for Project Development Use Permit P.D. U-2006-19, Class IV Zoning Permit Z-IV-2006- 24, and Variance Permit V-2006-08, Tax Map Key 3-7-003: )20, Hanamaulu, Kaua'i —D. R. Horton —Schuler Division. 1. Director's Report pertaining to this matter. 2. Director's Report(s) for Proiect(s) Scheduled for Agency Hearing on 3/27/13 a. Class IV Zoning Permit Z-IV-2013-13 to permit the construction of a dialysis treatment facility and several office buildings on a parcel situated in Lihu'e, along the northern side of the Ahukini Road/Elua Street intersection, further identified as Tax Map Key 3-7-001: 034, and containing a total area of 3.223 acres —HRT Realty, LLC. 1. Director's Report pertaining to this matter. 3. Shoreline Setback Activitv Determination (NONE) H. EXECUTIVE SESSION 1. Pursuant to Hawai'i Revised Statutes Sections 92-4, 92-5(a)(4), and Kaua'i County Charter Section 3.07(E), on behalf of the Planning Commission of the County of Kauai, the Office of the County Attorney requests an executive session with the H. EXECUTIVE SESSION (Cont'd) Planning Commission to provide the Planning Commission with a briefing on the status report submitted by Coconut Beach Development LLC for Special Management Area Use Permit SMA(U) 2006-04; Project Development Use Permit PCU-2006-6; Class IV Zoning Permit Z-IV-2006-9; TMK (4) 4-3-002:015, 16 & 20, Kapaa, Kauai and related matters. This briefing and consultation involves the consideration of the powers, duties, privileges, immunities and/or liabilities of the Council and the County as they relate to this agenda item and related matters. 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. Presentation of Draft Final Important Agricultural Lands Study Report. 2. Update on Implementation of the Lzhu'e Town Core Urban Design Plan (2010) 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. 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 includes construction of a concrete retaining wall, drainage sump, and extension of concrete driveways, on a parcel situated along the makai side of Kuhi`o 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, hearing closed 11/13/12, action deferred 12/11/12.] a. Letter (3/5/13) from Lorna Nishimitsu, Esq., requesting second extension of time for action to April 23, 2013. 2. 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, hearing closed 2/12/13.] a. Letter (2/25/13)from Laura Check requesting withdrawal of subject permits. L. UNFINISHED BUSINESS (For Action) (Cont'd) 3. 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) [Deferred 2/26/13.] M. NEW BUSINESS 1. For Action— See Agenda F for Project 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, March 27,2013. 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. FIRS 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. FIRS 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, March 12,2013, 8:30 A.M. AGENDA Call to Order Approval of the Agenda Minutes—Meetings of February 12, 2013 & February 26, 2013 Public Comment for Listed Agenda Items A. GENERAL BUSINESS MATTERS B. COMMUNICATIONS C. UNFINISHED BUSINESS (For Action) 1. Stipulated Decision and Order between Kealia Properties, LLC and the County of Kauai Rescinding Final Subdivision Map Approvals for S-2006-45 & S-2006-46, Kealia Properties LLC. (formerly Plantation Partners Kauai, LLC/Kealiakealanani). D. NEW BUSINESS (For Action) 1. Tentative Subdivision Extension Requests: a. S-2006-12 = Visionary LLC. 5-lot Subdivision TMK: 3-7-0030:20 Hanama`ulu, Kauai b. S-2006-24= Visionary LLC. 115-lot Subdivision TMK: 3-7-0030:20 Hanama`ulu, 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.