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HomeMy WebLinkAbout7-23-13 Planning Commission Agenda KAUAI PLANNING COMMISSION REGULAR MEETING Tuesday, July 23, 2013 9:00 a.m. or Soon Thereafter LYhu'e Civic Center, Moikeha Building Meeting Room 2A-2B REC;-71VF-n 4444 Rice Street, LYhu'e, Kauai, Hawai'i '13 JUt. 17 ' :2 4 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 June 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 Agency Hearing (NONE) 2. New Agency Hearing a. Special Management Area Minor Permit SMA(M)-2013-22 to accommodate commercial tour boat loading and unloading activities at Black Pot Beach Park in Hanalei (pursuant to the "Peddlers and Concessionaires" ordinance), situated at the northern terminus of Weke Road, further identified as Tax Map Keys 5-5- 001: 004 & 011, and containing a total land area of 6.19 acres=County of Kauai, Department of Parks and Recreation. 1. Request from the Director to amend prior to opening public hearing the designation of the matter from SMA(M)-2013-22 to SMA(U)-2014-2 and recodify all documents under the new application designation. 2. Director's Report pertaining to this matter. F. HEARINGS AND PUBLIC COMMENT (Cont'd) 2. New Agency Hearing (Cont'd) a. Special Management Area Minor Permit SMA(M)-2013-22 = County of Kauai, Department of Parks and Recreation. (Cont'd) 3. Petition to Intervene by Limu Coalition and Barbara Robeson filed July 16, 2013. a. Memorandurn from Director taking a position of No Opposition to the admittance of the Limu Coalition and Barbara Robeson as intervenors to the above referenced permit. 4. Petition to Intervene by Michael G. Sheehan and Hanalei River Holding filed July 16, 2013. a. Memorandum from Director taking a position of No Opposition to the admittance of the Michael G. Sheehan and Hanalei River Holdings as intervenors to the above referenced permit. 5. Memorandum from the Clerk of the Commission requesting the Commission refer the matter to a Hearings Officer to conduct the contested case hearing, and delegate to the Clerk authority to procure and appoint the hearings officer. 3. Continued Public Hearing (NONE) 4. New Public Hearing (NONE) 5. All public testimony pursuant to HRS 92 G. CONSENT CALENDAR 1. Status Reports (NONE) 2. Director's Report(s) for Pro iect(s) Scheduled for Agency Hearing on 8/13/13 a. Special Management Area Use Permit SMA(U)-2013-9, Class IV Zoning Permit Z-IV-2013-19 and Project Development Use Permit PDU-2013-17 to construct a retail store facility approximately 23,200 sq. ft. and 97 off-street parking stalls and Variance Permit V-2013-5 to deviate from the land coverage requirement within the Open(0) zoning district, located on property along the makai side of Kuhi`o Highway in Waipouli, directly south of its intersection with Aleka Loop, further identified as Tax Map Key 4-3-007: 029 & 030, and containing a total area of 3.571 acres=Niu Pia Land Company,Ltd 1. Director's Report pertaining to this matter. b. Class IV Zoning Permit Z-1V-2013-20 and Use Permit U-2013-18 to construct a new 2-story administration building approx. 15,000 sq. ft. in size and 54 off- street parking stalls, located immediately adjacent to the Department of Water office/baseyard facility in Ln1nu'e, along its western boundary at the Hala Road/Kaumuali`i Highway intersection, further identified as Tax Map Key 3-8- 005: Pox., and containing a total area of 1.919 acres= County of Kauai, Department of Water. 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 8/13/13 (Cont'd) c. Class W Zoning Permit Z-IV-2013-17, Project Development Use Permit PDU- 2013-15,Use Permit U-2013-14 and Special Permit SP-2013-5 to develop a research complex facilitating research in various science practices that would include a research facility containing offices and workshop areas, dormitory buildings, various accessory structures, and provision for off-street parking on a parcel located along Kuawa Road, in Kilauea, approx. 850 ft. south of its intersection with Kaumuali`i Highway, further identified as Tax Map Key 5-2- 013: 001, and containing a total area of 14.6 acres= The Resonance Project Foundation. 1. Director's Report pertaining to this matter. 3. Shoreline Setback Activity Determination (NONE) H. EXECUTIVE SESSION 1. Pursuant to Hawai'i Revised Statutes Sections 92-4 and 92-5(a)(4), and Kaua'i County Charter Section 3.07(E),the Office of the County Attorney requests an executive session to provide the Commission a legal briefing concerning Supreme Court of the United States decision in Koontz v. St. Johns River Water Management District(No. 11-1446). This briefing and consultation involves the consideration of the powers, duties,privileges, immunities and/or liabilities of the Commission and the County as they relate to this agenda item. 2. Pursuant to Hawai'i Revised Statutes Sections 92-4 and 92-5(a)(4), and Kaua'i County Charter Section 3.07(E),the Office of the County Attorney requests an executive session with the Commission to provide a briefing and discuss legal issues concerning the application and enforcement of Kauai County Code Chapter 8, Article 17, specifically the sections enacted under Ordinances 864, 876 and 904. This briefing and consultation involves the consideration of the powers, duties, privileges, immunities and/or liabilities of the Commission and the County as they relate to this agenda item. 3. 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 to provide the Commission with a briefing on judgments rendered by the United States District Court for the District of Hawaii regarding Kauai Beach Villas—Phase II, LLC v. County of Kauai, et al., (Civil No 12-00483). This briefing and consultation involves the consideration of the powers, duties, privileges, immunities and/or liabilities of the Commission and the County as they relate to this agenda item. I. GENERAL BUSINESS MATTERS 1. Petition to Appeal the Decision of the Planning Director by Morgan Concerning Non- renewal of Transient Vacation Rental Certificate TVNC-1127 (TMK No. 449004006) filed on 6/6/2013 (Contested Case No. CC-2013-10). a. Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to Non-Renewal of a Transient Vacation Rental Certificate TVNC-1127 Morgan TMK No. 449004006 filed on 6/6/2013 to a Hearings Officer; Request for Delegation of Authority to the Clerk of the Commission to Procure and Appoint a Hearings Officer on Behalf of the Commission for the Instant Appeal 2. Petition to Appeal the Decision of the Planning Director by Retzloff Concerning Non- renewal of Transient Vacation Rental Certificate TVNC-4268 (TMK No. 455002085) filed on 6/10/2013 (Contested Case No. CC-2013-11). a. Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to Non-Renewal of a Transient Vacation Rental Certificate TVNC-4268 Retzloff TMK No. 455002085 filed on 6/10/2013 to a Hearings Officer; Request for Delegation of Authority to the Clerk of the Commission to Procure and Appoint a Hearings Officer on Behalf of the Commission for the Instant Appeal 3. Petition to Appeal the Decision of the Planning Director by Leadley Concerning Non- renewal of Transient Vacation Rental Certificate TVNC-1266 (TMK No. 458006022) filed on 6/12/2013 (Contested Case No. CC-2013-12). a. Clerk of the Commission's Recommendation to Refer an Appeal of the 'Planning Director's Decision Related to Non-Renewal of a Transient Vacation Rental Certificate TVNC-1266 Leadley TMK No. 458006022 filed on 6/12/2013 to a Hearings Officer; Request for Delegation of Authority to the Clerk of the Commission to Procure and Appoint a Hearings Officer on Behalf of the Commission for the Instant Appeal 4. Petition to Appeal the Decision of the Planning Director by Dumon Concerning Non- renewal of Transient Vacation Rental Certificate TVNC-1130 (TMK No. 452020063) filed on 7/1/2013 (Contested Case No. CC-2013-13). a. Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to Non-Renewal of a Transient Vacation Rental Certificate TVNC-1130 Damon TMK No. 452020063 filed on 7/l/2013 to a Hearings Officer; Request for Delegation of Authority to the Clerk of the Commission to Procure and Appoint a Hearings Officer on Behalf of the Commission for the Instant Appeal 5. Petition to Appeal the Decision of the Planning Director by Cox Concerning Non- renewal of Transient Vacation Rental Certificate TVNC-4232 (TMK No. 45801003 1) filed on 7/2/2013 (Contested Case No. CC-2013-14). a. Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to Non-Renewal of a Transient Vacation Rental Certificate TVNC-4232 Cox TMK No. 458010031 filed on 7/2/2013 to a Hearings Officer; Request for Delegation of Authority to the Clerk of the Commission to Procure and Appoint a Hearings Officer on Behalf of the Commission for the Instant Appeal 6. Petition to Appeal the Decision of the Planning Director by Andrighetto Concerning Non-renewal of Transient Vacation Rental Certificate TVNC-5062 (TMK No. 448007004) filed on 7/2/2013 (Contested Case No. CC-2013-15). a. Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to Non-Renewal of a Transient Vacation Rental Certificate TVNC-5062 Andrighetto TMK No. 448007004 filed on 7/2/2013 to a Hearings Officer; Request for Delegation of Authority to the Clerk of the Commission to Procure and Appoint a Hearings Officer on Behalf of the Commission for the Instant Appeal 7. Petition to Appeal the Decision of the Planning Director by Holmes Concerning Non- renewal of Transient Vacation Rental Certificate TVNC-1227 (TMK No. 455010085) filed on 7/2/2013 (Contested Case No. CC-2013-16). a. Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to Non-Renewal of a Transient Vacation Rental Certificate TVNC-1227 Holmes TMK No. 455010085 filed on 7/2/2013 to a Hearings Officer; Request for Delegation of Authority to the Clerk of the Commission to Procure and Appoint a Hearings Officer on Behalf of the Commission for the Instant Appeal 8. Petition to Appeal the Decision of the Planning Director by Igleheart Concerning Non- renewal of Transient Vacation Rental Certificate TVNC-1044 (TMK No. 458006032) filed on 7/2/2013 (Contested Case No. CC-2013-17). a. Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to Non-Renewal of a Transient Vacation Rental Certificate TVNC-1044 Igleheart TMK No. 458006032 filed on 7/2/2013 to a Hearings Officer; Request for Delegation of Authority to the Clerk of the Commission to Procure and Appoint a Hearings Officer on Behalf of the Commission for the Instant Appeal 9. Petition to Appeal the Decision of the Planning Director by Reed Concerning Non- renewal of Transient Vacation Rental Certificate TVNC-1021 (TMK No. 455010035) filed on 7/2/2013 (Contested Case No. CC-2013-18). a. Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to Non-Renewal of a Transient Vacation Rental Certificate TVNC-1021 Reed TMK No. 455010035 filed on 7/2/2013 to a Hearings Officer; Request for Delegation of Authority to the Clerk of the Commission to Procure and Appoint a Hearings Officer on Behalf of the Commission for the Instant Appeal 10. Petition to Appeal the Decision of the Planning Director by Weimar Concerning Non- renewal of Transient Vacation Rental Certificate TVNC-1093 (TMK No. 45 5010089) filed on 7/2/2013 (Contested Case No. CC-2013-19). a. Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to Non-Renewal of a Transient Vacation Rental Certificate TVNC-1093 Weimar TMK No. 455010089 filed on 7/2/2013 to a Hearings Officer; Request for Delegation of Authority to the Clerk of the Commission to Procure and Appoint a Hearings Officer on Behalf of the Commission for the Instant Appeal 11. Petition to Appeal the Decision of the Planning Director by Gilhuly Concerning Non- renewal of Transient Vacation Rental Certificate TVNC-4237 (TMK No. 455002112) filed on 7/5/2013 (Contested Case No. CC-2013-20). a. Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to Non-Renewal of a Transient Vacation Rental Certificate TV-NC-4237 Gilhuly TMK No. 455002112 filed on 7/5/2013 to a Hearings Officer; Request for Delegation of Authority to the Clerk of the Commission to Procure and Appoint a Hearings Officer on Behalf of the Commission for the Instant Appeal 12. Petition to Appeal the Decision of the Planning Director by Barkin Concerning Non- renewal of Transient Vacation Rental Certificate TVNC-4228 (TMK No. 416006006) filed on 7/5/2013 (Contested Case No. CC-2013-21). a. Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to Non-Renewal of a Transient Vacation Rental Certificate TVNC-4228 Barkin TMK No. 416006006 filed on 7/5/2013 to a Hearings Officer; Request for Delegation of Authority to the Clerk of the Commission to Procure and Appoint a Hearings Officer on Behalf of the Commission for the Instant Appeal 13. Petition to Appeal the Decision of the Planning Director by Coffey Concerning Non- renewal of Transient Vacation Rental Certificate TVNC-5029 (TMK No. 426006033) filed on 7/5/2013 (Contested Case No. CC-2013-22). a. Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to Non-Renewal of a Transient Vacation Rental Certificate TVNC-5029 Coffey TMK No. 426006033 filed on 7/5/2013 to a Hearings Officer; Request for Delegation of Authority to the Clerk of the Commission to Procure and Appoint a Hearings Officer on Behalf of the Commission for the Instant Appeal 14. Petition to Appeal the Decision of the Planning Director by Silverman Concerning Non- renewal of Transient Vacation Rental Certificate TVNC-1080 (TMK No. 44201305 1) filed on 7/5/2013 (Contested Case No. CC-2013-23). a. Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to Non-Renewal of a Transient Vacation Rental Certificate TVNC-1080 Silverman TMK No. 442013051 filed on 7/5/2013 to a Hearings Officer; Request for Delegation of Authority to the Clerk of the Commission to Procure and Appoint a Hearings Officer on Behalf of the Commission for the Instant Appeal 15. Petition to Appeal the Decision of the Planning Director by Ishii/Nafshun Concerning Non-renewal of Transient Vacation Rental Certificate TVNC-5065 (TMK No. 448013002) filed on 7/5/2013 (Contested Case No. CC-2013-24). a. Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to Non-Renewal of a Transient Vacation Rental Certificate TVNC-5065 Ishii/Nafsbun TMK No. 448013002 filed on 7/5/2013 to a Hearings Officer; Request for Delegation of Authority to the Clerk of the Commission to Procure and Appoint a Hearings Officer on Behalf of the Commission for the Instant Appeal 16. Petition to Appeal the Decision of the Planning Director by Sutherland Concerning Non- renewal of Transient Vacation Rental Certificate TVNC-5078 (TMK No. 453006018) filed on 7/5/2013 (Contested Case No. CC-2013-25). a. Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to Non-Renewal of a Transient Vacation Rental Certificate TVNC-5078 Sutherland TMK No. 453006018 filed on 7/5/2013 to a Hearings Officer; Request for Delegation of Authority to the Clerk of the Commission to Procure and Appoint a Hearings Officer on Behalf of the Commission for the Instant Appeal 17. Petition to Appeal the Decision of the Planning Director by Daniells Concerning Non- renewal of Transient Vacation Rental Certificate TVNC-1109 (TMK No. 455004023) filed on 7/5/2013 (Contested Case No. CC-2013-26). a. Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to Non-Renewal of a Transient Vacation Rental Certificate TVNC-1109 Damells TMK No. 455004023 filed on 7/5/2013 to a Hearings Officer; Request for Delegation of Authority to the Clerk of the Commission to Procure and Appoint a Hearings Officer on Behalf of the Commission for the Instant Appeal 18. Petition to Appeal the Decision of the Planning Director by Miller Concerning Non- renewal of Transient Vacation Rental Certificate TVNC-1168 (TMK No. 455010055) filed on 7/5/2013 (Contested Case No. CC-2013-27). a. Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to Non-Renewal of a Transient Vacation Rental Certificate TVNC-1168 Miller TMK No. 455010055 filed on 7/5/2013 to a Hearings Officer; Request for Delegation of Authority to the Clerk of the Commission to Procure and Appoint a Hearings Officer on Behalf of the Commission for the Instant Appeal 19. Petition to Appeal the Decision of the Planning Director by Fortune Concerning Non- renewal of Transient Vacation Rental Certificate TV-NC-1060 (TMK No. 453006007) filed on 7/8/2013 (Contested Case No. CC-2013-28). a. Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to Non-Renewal of a Transient Vacation Rental Certificate TVNC-1060 Fortune TMK No. 453006007 filed on 7/8/2013 to a Hearings Officer; Request for Delegation of Authority to the Clerk of the Commission to Procure and Appoint a Hearings Officer on Behalf of the Commission for the Instant Appeal 20. Petition to Appeal the Decision of the Planning Director by Horgan Concerning Non- renewal of Transient Vacation Rental Certificate TVNC-4250 (TMK No. 455001040) filed on 7/9/2013 (Contested Case No. CC-2013-29). a. Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to Non-Renewal of a Transient Vacation Rental Certificate TVNC-4250 Horgan TMK No. 455001040 filed on 7/9/2013 to a Hearings Officer; Request for Delegation of Authority to the Clerk of the Commission to Procure and Appoint a Hearings Officer on Behalf of the Commission for the Instant Appeal 21. Petition to Appeal the Decision of the Planning Director by Kagimoto Concerning Non- renewal of Transient Vacation Rental Certificate TVNC-1167 (TMK No. 412006022) filed on 7/9/2013 (Contested Case No. CC-2013-30). a. Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to Non-Renewal of a Transient Vacation Rental Certificate TVNC-1167 Kagimoto TMK No. 412006022 filed on 7/9/2013 to a Hearings Officer; Request for Delegation of Authority to the Clerk of the Commission to Procure and Appoint a Hearings Officer on Behalf of the Commission for the Instant Appeal 22. Petition to Appeal the Decision of the Planning Director by Phoenix Concerning Non- renewal of Transient Vacation Rental Certificate TVNC-1253 (TMK No. 423015107) filed on 7/9/2013 (Contested Case No. CC-2013-31). a. Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to Non-Renewal of a Transient Vacation Rental Certificate TVNC-1253 Phoenix TMK No. 423015107 filed on 7/9/2013 to a Hearings Officer; Request for Delegation of Authority to the Clerk of the Commission to Procure and Appoint a Hearings Officer on Behalf of the Commission for the Instant Appeal 23. Petition to Appeal the Decision of the Planning Director by Phoenix Concerning Non- renewal of Transient Vacation Rental Certificate TVNC-1252 (TMK No. 423015107) filed on 7/9/2013 (Contested Case No. CC-2013-32). a. Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to Non-Renewal of a Transient Vacation Rental Certificate TVNC-1252 Phoenix TMK No. 423015107 filed on 7/9/2013 to a Hearings Officer; Request for Delegation of Authority to the Clerk of the Commission to Procure and Appoint a Hearings Officer on Behalf of the Commission for the Instant Appeal 24. Petition to Appeal the Decision of the Planning Director by Holman Concerning Non- renewal of Transient Vacation Rental Certificate TVNC-1280 (TMK No. 455010024) filed on 7/10/2013 (Contested Case No. CC-2013-33). a. Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to Non-Renewal of a Transient Vacation Rental Certificate TVNC-1280 Holman TMK No. 455010024 filed on 7/10/2013 to a Hearings Officer; Request for Delegation of Authority to the Clerk of the Commission to Procure and Appoint a Hearings Officer on Behalf of the Commission for the Instant Appeal 25. Petition to Appeal the Decision of the Planning Director by Barnes Concerning Non- renewal of Transient Vacation Rental Certificate TVNC-1231 (TMK No. 458005028) filed on 7/10/2013 (Contested Case No. CC-2013-34). a. Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to Non-Renewal of a Transient Vacation Rental Certificate TVNC-1231 Barnes TMK No. 458005028 filed on 7/10/2013 to a Hearings Officer; Request for Delegation of Authority to the Clerk of the Commission to Procure and Appoint a Hearings Officer on Behalf of the Commission for the Instant Appeal 26. Petition to Appeal the Decision of the Planning Director by O'Reilly Concerning Non- renewal of Transient Vacation Rental Certificate TVNC-5101 (TMK No. 455002088) filed on 7/12/2013 (Contested Case No. CC-2013-35). a. Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to Non-Renewal of a Transient Vacation Rental Certificate TVNC-5101 O'Reilly TMK No. 455002088 filed on 7/12/2013 to a Hearings Officer; Request for Delegation of Authority to the Clerk of the Commission to Procure and Appoint a Hearings Officer on Behalf of the Commission for the Instant Appeal 27. Petition to Appeal the Decision of the Planning Director by Paxson Concerning Non- renewal of Transient Vacation Rental Certificate TVNC-1243 (TMK No. 458006011) filed on 7/12/2013 (Contested Case No. CC-2013-36). a. Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to Non-Renewal of a Transient Vacation Rental Certificate TVNC-1243 Paxson TMK No. 458006011 filed on 7/12/2013 to a Hearings Officer; Request for Delegation of Authority to the Clerk of the Commission to Procure and Appoint a Hearings Officer on Behalf of the Commission for the Instant Appeal 28. Petition to Appeal the Decision of the Planning Director by Webster Concerning Non- renewal of Transient Vacation Rental Certificate TVNC-1019 (TMK No. 458008043) filed on 7/12/2013 (Contested Case No. CC-2013-37). a. Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to Non-Renewal of a Transient Vacation Rental Certificate TVNC-1019 Webster TMK No. 458008043 filed on 7/12/2013 to a Hearings Officer; Request for Delegation of Authority to the Clerk of the Commission to Procure and Appoint a Hearings Officer on Behalf of the Commission for the Instant Appeal 29. Petition to Appeal the Decision of the Planning Director by Bittner Concerning Non- renewal of Transient Vacation Rental Certificate TVNC-4216 (TMK No. 413004083) filed on 7/15/2013 (Contested Case No. CC-2013-38). a. Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to Non-Renewal of a Transient Vacation Rental Certificate TVNC-4216 Bittner TMK No. 413004083 filed on 7/15/2013 to a Hearings Officer; Request for Delegation of Authority to the Clerk of the Commission to Procure and Appoint a Hearings Officer on Behalf of the Commission for the Instant Appeal 30. Petition to Appeal the Decision of the Planning Director by Knopf Concerning Non- renewal of Transient Vacation Rental Certificate TVNC-1090 (TMK No. 428010069) filed on 7/15/2013 (Contested Case No. CC-2013-39). a. Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to Non-Renewal of a Transient Vacation Rental Certificate TVNC-1090 Knopf TMK No. 428010069 filed on 7/15/2013 to a Hearings Officer; Request for Delegation of Authority to the Clerk of the Commission to Procure and Appoint a Hearings Officer on Behalf of the Commission for the Instant Appeal 31. Petition to Appeal the Decision of the Planning Director by Smith Concerning Non- renewal of Transient Vacation Rental Certificate TVNC-1294 (TMK No. 458011025) filed on 7/15/2013 (Contested Case No. CC-2013-40). a. Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to Non-Renewal of a Transient Vacation Rental Certificate TVNC-1294 Smith TMK No. 458011025 filed on 7/15/2013 to a Hearings Officer; Request for Delegation of Authority to the Clerk of the Commission to Procure and Appoint a Hearings Officer on Behalf of the Commission for the Instant Appeal 32. Petition to Appeal the Decision of the Planning Director by Dorgan Concerning Non- renewal of Transient Vacation Rental Certificate TVNC-4205 (TMK No. 453004005) filed on 7/15/2013 (Contested Case No. CC-2013-41). a. Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to Non-Renewal of a Transient Vacation Rental Certificate TVNC-4205 Dorgan TMK No. 453004005 filed on 7/15/2013 to a Hearings Officer; Request for Delegation of Authority to the Clerk of the Commission to Procure and Appoint a Hearings Officer on Behalf of the Commission for the Instant Appeal 33. Petition to Appeal the Decision of the Planning Director by Davis Concerning Non renewal of Transient Vacation Rental Certificate TVNC-4209 (TMK No. 428023041) filed on 7/16/2013 (Contested Case No. CC-2013-42). a. Clerk of the Commission's Reconunendation to Refer an Appeal of the Planning Director's Decision Related to Non-Renewal of a Transient Vacation Rental Certificate TVNC-4209 Davis TMK No. 428023041 filed on 7/16/2013 to a Hearings Officer; Request for Delegation of Authority to the Clerk of the Commission to Procure and Appoint a Hearings Officer on Behalf of the Commission for the Instant Appeal 34. Petition to Appeal the Decision of the Planning Director by LMCD LLC Concerning Non-renewal of Transient Vacation Rental Certificate TVNC-4240 (TMK No. 455003006)filed on 7/16/2013 (Contested Case No. CC-2013-43). a. Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to Non-Renewal of a Transient Vacation Rental Certificate TVNC-4240 LMCD LLC TMK No. 455003006 filed on 7/16/2013 to a Hearings Officer; Request for Delegation of Authority to the Clerk of the Commission to Procure and Appoint a Hearings Officer on Behalf of the Commission for the Instant Appeal 35. Request from William E. Robertson to request amendment of Use Permit U-2011-12; Special Permit SP-2011-7 and Class IV Zoning Permit Z-IV-2011-12 at TMK (4)-5-3- 008:012 to extend the period of time to conduct botanical garden tours on the subject property and to extend the hours of operations, number of tours conducted and number of weekly guests permissible received May 2, 2013. 36. Update from the Director on Transient Vacation Rental Certificate Renewal and Enforcement Efforts. 37. Letter from Thomas E. Bush, stating a conflict with the Commission's appointed hearings officer Richard Nakamura in the matter of a Petition for a Declaratory Ruling before this commission in Jeffery S. Lindner and Ana Marie Lindner v. County of Kauai and requesting a new hearings officer received June 19, 2013. a. Memorandum from the Director of Planning stating no position to the request. b. Memorandum from the Clerk of the Commission requesting authority to procure and appoint a replacement hearings officer in this case. 38. Discussion on Commission Policies and Practices as related to the Employment of the Planning Director. 39. Establishment and appointment of members to a Select Committee on Employment Policies and Practices pursuant to Section 92-2.5(b), Hawaii Revised Statutes and Sections 1-2-10 and 1-2-12, Rules of the Planning Commission 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) M. NEW BUSINESS 1. For Action—See Agenda F for Proicet Descriptions N. ANNOUNCEMENTS 1. The following scheduled Planning Commission meeting will be held at 9:00 a.m., or shortly thereafter at the L!hu'e Civic Center,Moikeha Building,Meeting Room 2A- 2B, 4444 Rice Street, Uhu'e,Kauai,Hawai'i 96766 on Tuesday,August 13,2013. 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-2B 4444 Rice Street, Lihue,Hawaii 96766 Tuesday, July 23,2013, 8:30 A.M. AGENDA A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA D. MINUTES of the meeting(s) of the Subdivision Committee 1. Meeting of June 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. G. GENERAL BUSINESS MATTERS H. UNFINISHED BUSINESS I. NEW BUSINESS (For Action) 1. Tentative Subdivision Action a. Subdivision Application No. S-2013-20 KILAUEA VENTURES,LLC, Applicant Proposed 3-lot Subdivision, TMK: 5-2-023:027,028 Kilauea, Hanalei,Kauai I. NEW BUSINESS (For Action) (Cont'd) 1. Tentative Subdivision Action (Cont'd) b. Subdivision Application No. S-2013-21 ROSS L. AND CYNTHIA K. LINK, Applicant Proposed 2-lot Consolidation, TMK: 4-7-007:002,003 Kealia, Kawaihau,Kauai J. 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, Suite A473,Uhu`e, Hawaii 96766. Telephone: (808)241-4050.