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HomeMy WebLinkAbout8-13-13 Planning Commision Agenda KAUA'I PLANNING COMMISSION REGULAR MEETING Tuesday, August 13, 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. SPECIAL ORDER OF THE DAY 1. Motion to have the Commission be impaneled to sit and hear the permit Special Management Area Use Permit SMA(U)-2014-2 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. E. MINUTES of the meetine(s) of the Planning Commission 1. Regular Meeting of July 9, 2013 F. RECEIPT OF ITEMS FOR THE RECORD G. 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) V:\2014 Master Files\Commissions\Planning Commission\8-13-13 Planning Commision Agenda.docx G. HEARINGS AND PUBLIC COMMENT (Cont'd) 2. New Agency Hearing 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 Laud Company, Ltd [Director's Report received 7/23/13.] 1. Supplemental No. 1 Director's Report pertaining to this matter. 2. Petition for Intervention by Deborah Nantais dated July 17, 2013. a. Memorandum from Director taking a position of No Opposition to the admittance of Deborah Nantais as intervenor to the above referenced permit. 3. 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. b. Class IV Zoning Permit Z-IV-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 Lihu'e, along its western boundary at the Hala Road/Kaumuali`i Highway intersection, further identified as Tax Map Key 3-8- 005: Por., and containing a total area of 1.919 acres = County of Kauai, Department of Water. [Director's Report received 7/23/13.] c. Class IV 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. [Director's Report received 7/23/13.] H. CONSENT CALENDAR 1. Status Reports (NONE) 2. Director's Report(s) for Proiect(s) Scheduled for Agency Hearing on 9/10/13 a. Class IV Zoning Permit Z-IV-2014-1 and Use Permit U-2014-1 to operate a commercial kitchen within a portion of a residence on a parcel located along Olohena Road in Wailua Homesteads, approx. 650 ft. east of its intersection with Kamalu Road, further identified as Tax Map Key 4-4-005: 001, and affecting a portion of a parcel containing 4.76 acres =Katie Ranke (dba Lotus Fudge). 1. Director's Report pertaining to this matter. H. CONSENT CALENDAR (Cont'd) 2. Director's Report(s) for Project(s) Scheduled for Agency Hearing on 9/10/13 (Cont'd) b. Class IV Zoning Permit Z-IV-2014-2 and Use Permit U-2014-2 to operate an outdoor market involving retail sale of various commodities, located on the All Saints Church property in Kapaa, along the mauka side of Kuhio Highway and approx. 350 ft. north of its intersection with Kipuni Place, further identified as Tax Map Key 4-5-004: 018, and containing a total area of 4.11 acres =All Saints Episcopal Church. 1. Director's Report pertaining to this matter. 3. Shoreline Setback Activity Determination a. Shoreline Setback Commission Review SSCR-2013-22 and Shoreline Setback Determination SSD-2013-53 for a shoreline activity determination, Tax Map Key 5-8-008: 037, Wainiha, Kaua'i, for acceptance by the Commission =Robert Rucker. 1. Director's Report pertaining to this matter. b. Shoreline Setback Commission Review SSCR-2014-01 and Shoreline Setback Determination SSD-2014-01 for a shoreline activity determination, Tax Map Key 2-6-005: 014, Koloa, Kaua'i, for acceptance by the Commission = Polly Porter. 1. Director's Report pertaining to this matter. c. Shoreline Setback Commission Review SSCR-2014-2 and Shoreline Setback Determination SSD-2014-2 for a shoreline activity determination, Tax Map Key 4-3-006: 001, Lydgate Beach Park, Kaua'i, for acceptance by the Commission = County ofKaua'i, Department of Parks and Recreation. 1. Director's Report pertaining to this matter. d. Shoreline Setback Commission Review SSCR-2014-3 and Shoreline Setback Determination SSD-2014-4 for a shoreline activity determination, Tax Map Key 2-8-16: 03, Koloa, Kaua'i, for acceptance by the Commission = SVO Pacific, Inc. 1. Director's Report pertaining to this matter. L EXECUTIVE SESSION J. GENERAL BUSINESS MATTERS 1. Update from the Director on Transient Vacation Rental Certificate Renewal and Enforcement Efforts. K. COMMUNICATION (For Action) (NONE) L. COMMITTEE REPORTS 1. Subdivision Subdivision Action matters listed in the Subdivision Committee Agenda(attached). M. 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, deferred 11/13/12, deferred 12/11/12.] a. Supplemental No. 1 Director's Report pertaining to this matter. 2. 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. N. NEW BUSINESS 1. For Action— See Agenda G for Proiect Descriptions O. 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, September 10, 2013. P. 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, August 13, 2013, 8:00 A.M. AGENDA A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA D. MINUTES of the meetine(s) of the Subdivision Committee 1. Meeting of July 23, 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 L NEW BUSINESS (For Action) 1. Tentative Subdivision Action a. Subdivision Application No. S-2013-22 CHERYL COWDEN SCHENCK, Applicant Proposed Kuleana Relocation, TMK: 4-9-012:005 Aliomanu, Moloa`a&Papa`a, Koolau, Kauai L NEW BUSINESS (For Action) (Cont'd) 1. Tentative Subdivision Action (Cont'd) b. Subdivision Application No. S-2013-23 ROY K.MORITA,MARVIN M.MORITA, BEVERLY S.MORITA Applicant Proposed 8-lot Subdivision, TMK: 4-6-006:017,019,020 Kapa`a, Kawaihau Kauai c. Subdivision Application No. S-2013-25 JEFFREY LINDNER, Applicant Proposed 2-lot boundary adjustment TMK: 4-9-009:001,033 Moloa`a&Papa`a, Kawaihau, Kauai 2. Subdivision Extension Requests a. Subdivision Application No. S-2008-16 MELVIN SOONG/CLARENCE SOONG, Applicant Proposed 2-lot Subdivision, TMK: 4-6-015:048 Kapa`a, Kawaihau, Kauai b. Subdivision Application No. S-2012-01 TOGIOKA TRUST, Applicant Proposed 2-lot Subdivision, TMK: 1-3-010:070 Kekaha, Waimea, Kauai c. Subdivision Application No. S-2012-14 WAILUA RANCH LLC., Applicant Proposed 3-lot Subdivision, TMK: 4-4-008:005 Kawaihau, Kauai 3. Modification of Requirement/Condition 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 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, 11hu`e, Hawaii 96766. Telephone: (808)241-4050.