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HomeMy WebLinkAbout9-10-13 Planning Commision Agenda KAUA'I PLANNING COMMISSION REGULAR MEETING Tuesday, September 10, 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 July 23, 2013 2. Regular Meeting of August 13, 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-2013-20 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 Lrhu'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, hearing continued 8/13/13.] 1. Supplemental No. 1 Director's Report pertaining to this matter. V:\2014 Master FSlesVCommissions\Planning CommissionA9-10.13 Planning Commision Agenda.docx F. HEARINGS AND PUBLIC COMMENT (Cont'd) 2. New Agency Hearing 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). [Director's Report received 8/13/13.] 1. Supplemental No. 1 Director's Report pertaining to this matter. 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. [Director's Report received 8/13/13.] c. Special Management Area Use Permit SMA(U)-2014-1, Class IV Zoning Permit Z-IV-2014-3 and Use Permit U-2014-3 to construct a solar photovoltaic system in order to provide energy savings to the existing wastewater treatment plant servicing the Kauai Beach Resort, and Variance Permit V-2014-1 to deviate from the land coverage and setback requirements within the Resort (RR-20) zoning district, located along the makai side of Kuhio Highway in Hanamaulu and approx. 1,600 ft. east of the Kauai Beach Drive/Kuhio Highway intersection, further identified as Tax Map Key 3-7-003: 017, and affecting an area approx. 0.259 acre =Kauai Beach Resort Association. [WITHDRAWN.] G. CONSENT CALENDAR 1. Status Reports (NONE) 2. Director's Report(s) for Proiect(s) Scheduled for Agency Hearing on 10/8/13 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 Laud Company, Ltd [Deferred 8/13/13 for republication.] 1. Director's Report pertaining to this matter. b. Class IV Zoning Permit Z-IV-2014-4 and Use Permit U-2014-4 to construct and operate a roadside fruit stand within a parcel located along the makai side of Kuhi`o Highway, situated immediately across the Kaua'i Mini Golf facility in Kilauea, further identified as Tax Map Key 5-2-005: 023, and affecting a portion of a larger parcel containing 179.437 acres =SeacliffBeach Plantation, LLC. 1. Director's Report pertaining to this matter. G. CONSENT CALENDAR (Cont'd) 3. Shoreline Setback Activitv Determination a. Shoreline Setback Commission Review SSCR-2014-04 and Shoreline Setback Determination SSD-2014-07 for a shoreline activity determination, Tax Map Key 2-8-019: 004, Koloa, Kaua'i, for acceptance by the Commission = Eric Schmidt. 1. Director's Report pertaining to this matter. b. Shoreline Setback Commission Review SSCR-2014-05 and Shoreline Setback Determination SSD-2014-11 for a shoreline activity determination, Tax Map Key 5-4-005:032, Princeville, Kaua'i, for acceptance by the Commission = The Shearwater, Wyndham Vacation Ownership. 1. Director's Report pertaining to this matter. c. Shoreline Setback Commission Review SSCR-2014-06 and Shoreline Setback Determination SSD-2014-14 for a shoreline activity determination, Tax Map Key 4-3-008: 001, Wailua, Kauai, for acceptance by the Commission = Haleakala Solar. 1. Director's Report pertaining to this matter. d. Shoreline Setback Commission Review SSCR-2014-07 and Shoreline Setback Determination SSD-2014-15 for a shoreline activity determination, Tax Map Key 2-8-019:004, Koloa, Kaua'i, for acceptance by the Commission = Joel Koetje. 1. Director's Report pertaining to this matter. H. EXECUTIVE SESSION L GENERAL BUSINESS MATTERS 1. Petition to Appeal the Decision of the Planning Director by Marten Concerning Non- renewal of Transient Vacation Rental Certificate TVNC-1328 (TMK No. 49009004) filed on 7/17/13 (Contested Case No. CC-2013-44). 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-1328 Marten, TMK Number 49009004 filed on 7/17/2013 to a Hearings Officer (Contested Case Hearing No. CC-2013-44) 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 Sienna LLC Concerning Non-renewal of Transient Vacation Rental Certificate TVNC-1071 (TMK No. 26012004)filed on 7/16/13 (Contested Case No. CC-2013-45). L GENERAL BUSINESS MATTERS (Cont'd) 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 1071 Sienna LLC, TMK Number 26012004 filed on 7/16/2013 to a Hearings Officer (Contested Case Hearing No. CC-2013-45) 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 Matthews Concerning Non-renewal of Transient Vacation Rental Certificate TVNC-1184 (TMK No. 26007012)filed on 7/16/13 (Contested Case No. CC-2013-46). 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 1184 Matthews, TMK Number 26007012 filed on 7/16/2013 to a Hearings Officer (Contested Case Hearing No. CC-2013-46) 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 JJFT LLC Concerning Non-renewal of Transient Vacation Rental Certificate TVNC-5139 (TMK No. 58009037)filed on 7/16/13 (Contested Case No. CC-2013-47). 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#5139 JJFT LLC, TMK Number 58009037 filed on 7/16/2013 to a Hearings Officer (Contested Case Hearing No. CC-2013-47) 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 Giorgio Concerning Non-renewal of Transient Vacation Rental Certificate TVNC-1050 (TMK No. 28023044)filed on 7/19/13 (Contested Case No. CC-2013-48). 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 1050 Giorgio, TMK Number 28023044 filed on 7/19/2013 to a Hearings Officer (Contested Case Hearing No. CC-2013-48) 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 Seiple Concerning Non- renewal of Transient Vacation Rental Certificate TVNC-4215 (TMK No. 58012018) filed on 7/1/13 (Contested Case No. CC-2013-49). 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#4215 Seiple, TMK Number 58012018 filed on 7/1/2013 to a L GENERAL BUSINESS MATTERS (Cont'd) Hearings Officer (Contested Case Hearing No. CC-2013-49) 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 Fujimoto Concerning Non-renewal of Transient Vacation Rental Certificate TVNC-1232 (TMK No. 53005012)filed on 7/1/13 (Contested Case No. CC-2013-50). 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 1232 Fujimoto, TMK Number 53005012 filed on 7/1/2013 to a Hearings Officer (Contested Case Hearing No. CC-2013-50) 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 Santelli Concerning Non-renewal of Transient Vacation Rental Certificate TVNC-5020 (TMK No. 25001001)filed on 7/8/13 (Contested Case No. CC-2013-51). 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#5020 Santelli, TMK Number 25001001 filed on 7/8/2013 to a Hearings Officer (Contested Case Hearing No. CC-2013-51) 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 Bouchard Concerning Non-renewal of Transient Vacation Rental Certificate TVNC-4235 (TMK No. 58008045)filed on 7/9/13 (Contested Case No. CC-2013-52). 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 #4235 Bouchard, TMK Number 58008045 filed on 7/9/2013 to a Hearings Officer (Contested Case Hearing No. CC-2013-52) 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 Knaack Concerning Non-renewal of Transient Vacation Rental Certificate TVNC-1123 (TMK No. 45002015)filed on 7/15/13 (Contested Case No. CC-2013-55). 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 1123 Knaack, TMK Number 45002015 filed on 7/15/2013 to a Hearings Officer (Contested Case Hearing No. CC-2013-55) 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 L GENERAL BUSINESS MATTERS (Cont'd) 11. Petition to Appeal the Decision of the Planning Director by Bunyan Concerning Non-renewal of Transient Vacation Rental Certificate TVNC-1367 (TMK No. 58012001)filed on 7/29/13 (Contested Case No. CC-2013-56). 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 #1367 Bunyan, TMK Number 58012001 filed on 7/29/2013 to a Hearings Officer (Contested Case Hearing No. CC-2013-56) 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 Bunyan Concerning Non-renewal of Transient Vacation Rental Certificate TVNC-1396 (TMK No. 58012001)filed on 7/29/13 (Contested Case No. CC-2013-57). 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 #1396 Bunyan, TMK Number 58012001 filed on 7/29/2013 to a Hearings Officer (Contested Case Hearing No. CC-2013-57) 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 Sambold Concerning Non-renewal of Transient Vacation Rental Certificate TVNC-1174 (TMK No. 480070060002)filed on 7/17/13 (Contested Case No. CC-2013-58). 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 1174 Sambold, TMK Number 480070060002 filed on 7/17/2013 to a Hearings Officer (Contested Case Hearing No. CC-2013-58) 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 Kikiaola Construction Company Concerning Non-renewal of Transient Vacation Rental Certificate TVNC- 1317 (TMK No. 12006014)filed on 2/26/13 (Contested Case No. CC-2013-59). 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 #1317 Kikiaola Construction Company, TMK Number 12006014 filed on 2/26/2013 to a Hearings Officer (Contested Case Hearing No. CC-2013-59) 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 L GENERAL BUSINESS MATTERS (Cont'd) 15. Petition to Appeal the Decision of the Planning Director by Kikiaola Construction Company Concerning Non-renewal of Transient Vacation Rental Certificate TVNC- 1316 (TMK No. 16007016)filed on 2/26/13 (Contested Case No. CC-2013-60). 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 #1316 Kikiaola Construction Company, TMK Number 16007016 filed on 2/26/2013 to a Hearings Officer (Contested Case Hearing No. CC-2013-60) 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 North Shore Development LLC Concerning Non-renewal of Transient Vacation Rental Certificate TVNC-1116 (TMK No. 58008038) filed on 8/2/13 (Contested Case No. CC-2013-61). 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 1116 North Shore Development LLC, TMK Number 58008038 filed on 8/2/2013 to a Hearings Officer (Contested Case Hearing No. CC-2013-61) 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 Cushnie Concerning Non-renewal of Transient Vacation Rental Certificate TVNC-1352 (TMK No. 55006024)filed on 8/7/13 (Contested Case No. CC-2013-62). 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 1352 Cushnie, TMK Number 55006024 filed on 8/7/2013 to a Hearings Officer (Contested Case Hearing No. CC-2013-62) 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 Otsuka Concerning Non- renewal of Transient Vacation Rental Certificate TVNC-1370 (TMK No. 25008034) filed on 8/19/13 (Contested Case No. CC-2013-63). 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 #1370 Otsuka, TMK Number 25008034 filed on 8/19/2013 to a Hearings Officer (Contested Case Hearing No. CC-2013-63) 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 L GENERAL BUSINESS MATTERS (Cont'd) 19. Petition to Appeal the Decision of the Planning Director by Stice Concerning Non- renewal of Transient Vacation Rental Certificate TVNC-1061 (TMK No. 53005004) filed on 8/22/13 (Contested Case No. CC-2013-64). 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 #1061 Stice, TMK Number 53005004 filed on 8/22/2013 to a Hearings Officer (Contested Case Hearing No. CC-2013-64) 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. Update from the Director on Transient Vacation Rental Certificate Renewal and Enforcement Efforts. 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) (NONE) 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, October 8,2013. 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, September 10, 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 9, 2013 2. Meeting of July 23, 2013 3. Meeting of August 10, 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 1. Letter (8/28/13) from Samuel W. Pratt, President, Niu Pia Land Company Ltd., referencing Tax Map Keys (4)-4-3-7-29 and 30, requesting the Planning Commission rescind or otherwise void a previous subdivision granted in 1980 for the above referenced parcels by way of a mutual agreement. a. Stipulated proposed Decision and Order. H. UNFINISHED BUSINESS (NONE) L NEW BUSINESS (For Action) 1. Tentative Subdivision Action a. Subdivision Application No. S-2013-26 DWI Properties Family Ltd. Partnership, Applicant Proposed 3-lot Subdivision TMK: 2-8-003:003 Koloa, Kauai b. Subdivision Application No. S-2014-01 Tad T. Miura/Caroline C. Miura, Applicant Proposed 2-lot Subdivision TMK: 4-1-013:035 Wailua, Kawaihau, Kauai c. Subdivision Application No. S-2014-02 HG Kauai Joint Ventures LLC., Applicant Proposed 6-lot Subdivision TMK: 4-3-003:001 Kapa`a, Kauai d. Subdivision Application No. S-2014-04 Jasper Properties LLC., Applicant Proposed 2-lot Consolidation TMK: 4-5-012:019, 044 Kapa`a, Kauai 2. Final Subdivision Action a. Subdivision Application No. S-2013-19 County of Kauai, One Diva LLC. (Avi Zadok), Applicant Proposed 2-lot Subdivision TMK: 2-5-003:001 Lawa`i, Koloa, 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.