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Home My WebLink About10-8-13 Planning Commision Agenda WEB KAUA'I PLANNING COMMISSION REGULAR MEETING Tuesday, October 8, 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 meetine(s) of the Planning Commission 1. Regular Meeting of September 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. 1. Continued Agencv Hearing (NONE) 2. New Agencv Hearing a. 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 Kauai 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 = Secret Beach Plantation, LLC. [Director's Report received 9/10/13.] F. HEARINGS AND PUBLIC COMMENT (Cont'd) 2. New Agencv Hearing (Cont'd) b. 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 = Nia Pia Land Company, Ltd [Deferred 8/13/13 for republication, Director's Report & Supplemental No. 1 Director's Report received 9/10/13.] 1. Supplemental No. 2 Director's Report pertaining to this matter. G. CONSENT CALENDAR 1. Status Reports (NONE) 2. Director's Report(s) for Project(s) Scheduled for Agency Hearing on 11/12/13 (NONE) 3. Shoreline Setback Activitv Determination a. Shoreline Setback Commission Review SSCR-2014-10 and Shoreline Setback Determination SSD-2014-21 for a shoreline activity determination, Tax Map Key 2-6-006: 021, Koloa, Kaua'i, for acceptance by the Commission = Tom Stirling. 1. Director's Report pertaining to this matter. b. Shoreline Setback Commission Review SSCR-2014-11 and Shoreline Setback Determination SSD-2014-23 for a shoreline activity determination, Tax Map Key 2-6-003: 008, Koloa, Kaua'i, for acceptance by the Commission = Wai Wai Properties, LLC. 1. Director's Report pertaining to this matter. c. Shoreline Setback Commission Review SSCR-2014-08 and Shoreline Setback Determination SSD-2014-18 for a shoreline activity determination, Tax Map Key 2-6-005: 024, Koloa, Kaua'i, for acceptance by the Commission = Rick Bryson. 1. Director's Report pertaining to this matter. 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 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. H. EXECUTIVE SESSION (Cont'd) 2. Pursuant to Hawai'i Revised Statutes 92-4 and 92-5(a)(4), the purpose of this executive session is to consult with the County's legal counsel on questions, issues, status and procedural matters. This consultation involves the consideration or the powers, duties, privileges, immunities and/or liabilities of the Planning Commission and the County as they relate to prohibitions on constructive regulatory takings as provided by the Fifth Amendment to the United States Constitution and Special Management Area Use Permit SMA(U)-2013-9, Class IV Zoning Permit Z-IV-2013- 19. L GENERAL BUSINESS MATTERS 1. Petition to Appeal the Decision of the Planning Director by David Andrighetto Concerning Non-renewal of Transient Vacation Rental Certificate TVNC-5062 (TMK No. 4-8-7: 004) (Contested Case No. CC-2013-15). a. Stipulated Decision and Order. 2. Petition to Appeal the Decision of the Planning Director by Sally Reed Concerning Non-renewal of Transient Vacation Rental Certificate TVNC-1021 (TMK No. 5-5- 10: 035) (Contested Case No. CC-2013-18). a. Stipulated Decision and Order. 3. Petition to Appeal the Decision of the Planning Director by Charles Weimar Concerning Non-renewal of Transient Vacation Rental Certificate TVNC-1093 (TMK No. 5-5-10: 089) (Contested Case No. CC-2013-19). a. Stipulated Decision and Order. 4. Petition to Appeal the Decision of the Planning Director by Namhee Han Gilhuly Concerning Non-renewal of Transient Vacation Rental Certificate TVNC-4237 (TMK No. 5-5-2: 112) (Contested Case No. CC-2013-20). a. Stipulated Decision and Order. 5. Petition to Appeal the Decision of the Planning Director by Gene Barkin Concerning Non-renewal of Transient Vacation Rental Certificate TVNC-4228 (TMK No. 1-6-6: 006) (Contested Case No. CC-2013-21). a. Stipulated Decision and Order. 6. Petition to Appeal the Decision of the Planning Director by Ilona Coffey Concerning Non-renewal of Transient Vacation Rental Certificate TVNC-5029 (ex-2385) (TMK No. 2-6-6: 033) (Contested Case No. CC-2013-22). a. Stipulated Decision and Order. L GENERAL BUSINESS MATTERS (Cont'd) 7. Petition to Appeal the Decision of the Planning Director by Lori Narshun Concerning Non-renewal of Transient Vacation Rental Certificate TVNC-5065 (TMK No. 4-8-13: 002) (Contested Case No. CC-2013-24). a. Stipulated Decision and Order. 8. Petition to Appeal the Decision of the Planning Director by Mark & Diane Daniells Concerning Non-renewal of Transient Vacation Rental Certificate TVNC-1109 (TMK No. 5-5-4: 023) (Contested Case No. CC-2013-26). a. Stipulated Decision and Order. 9. Petition to Appeal the Decision of the Planning Director by Charlotte Joyce Phoenix Concerning Non-renewal of Transient Vacation Rental Certificate TVNC-1253 (TMK No. 2-3-15: 107) (Contested Case No. CC-2013-31). a. Stipulated Decision and Order. 10. Petition to Appeal the Decision of the Planning Director by Joy & James Phoenix Concerning Non-renewal of Transient Vacation Rental Certificate TVNC-1252 (TMK No. 2-3-15: 107) (Contested Case No. CC-2013-32). a. Stipulated Decision and Order. 11. Petition to Appeal the Decision of the Planning Director by Pamela Bittner Concerning Non-renewal of Transient Vacation Rental Certificate TVNC-4216 (TMK No. 1-3-4: 083) (Contested Case No. CC-2013-38). a. Stipulated Decision and Order. 12. Petition to Appeal the Decision of the Planning Director by Linda Sutherland Concerning Non-renewal of Transient Vacation Rental Certificate TVNC-5078 (TMK No. 5-3-06:018). a. Stipulated Decision and Order. 13. Petition to Appeal the Decision of the Planning Director by Susan Bouchard Concerning Non-renewal of Transient Vacation Rental Certificate TVNC-4235 (TMK No. 5-8-08:045). a. Stipulated Decision and Order. 14. Update from the Director on Transient Vacation Rental Certificate Renewal and Enforcement Efforts. a. Discussion of Draft Rules. 15. Informational Briefing on the Po'ipu Road Design Workshop 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-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 Rauke (dba Lotus Fudge). [Director's Report received 8/13/13, Supplemental No. 1 Director's Report received, hearing closed, action deferred 9/10/13.] 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, Kauai, Hawai'i 96766 on Tuesday, November 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, October 08, 2013, 8:30 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 September 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 H. UNFINISHED BUSINESS L NEW BUSINESS (For Action) 1. Subdivision Extension Requests a. Subdivision Application No. S-2008-01 STANLEY B. NARRAMORE, Applicant Proposed 3-lot Subdivision TMK: 2-6-014:032 Koloa(Makai), Kauai L NEW BUSINESS (For Action) (Cont'd) 1. Subdivision Extension Requests (Cont'd) b. Subdivision Application No. S-2012-04 CORNERSTONE HAWAII HOLDINGS LLC., Applicant Proposed 3-lot Subdivision TMK: 4-7-002:003 Kealia, Kauai c. Subdivision Application No. S-2012-16 THE SAIKI FAMILY REVOCABLE TRUST, Applicant Proposed 6-lot Subdivision TMK: 4-1-007:007 Wailua, 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, 11hu`e, Hawaii 96766. Telephone: (808)241-4050.