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HomeMy WebLinkAbout11-12-13 Planning Commision Agenda web KAUA'I PLANNING COMMISSION REGULAR MEETING Tuesday, November 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 meetine(s) of the Planning Commission 1. Regular Meeting of October 8, 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. Special Management Area Use Permit SMA(U)-2014-3, to allow after-the-fact improvements involving a parcel located at the Kealoha Road/Makaha Road intersection in Kapaa, along the makai side of Kuhio Highway, that includes the conversion of a garage into an additional dwelling unit and additions to the existing residence, further identified as Tax Map Key 4-5-001: 018, and containing a total land area of 7,305 sq. ft. =Lorraine D. Newman. 1. Director's Report pertaining to this matter. F. HEARINGS AND PUBLIC COMMENT (Cont'd) 3. Continued Public Hearing (NONE) 4. New Public Hearing a. Zoning Amendment ZA-2014-1: Amendment (Draft Bill No. 2498) to Chapter 8.6 of the Kaua'i County Code (1987), as amended, relating to bus stops for commercial development=Kaua'i County Council. 1. Director's Report pertaining to this matter. b. Zoning Amendment ZA-2014-2: Amendment to Chapter 8.6 of the Kaua'i County Code (1987), as amended, relating to building design requirements and reduced parking standards for commercial development = County of Kauai, Planning Department 1. Director's Report pertaining to this matter. c. Adoption of administrative rules interpreting provisions of Chapter 8, Kauai County Code pertaining to the enforcement of Chapter 8, Article 17 (Single Family Transient Vacation Rentals) = County ofKaua'i, Planning Department 1. Director's Report pertaining to this matter. d. Adoption of administrative rules interpreting provisions of Chapter 8, Kauai County Code pertaining to the enforcement of accessory agricultural structures for commercial sale of farm products = County of Kauai, Planning Department 1. Director's Report pertaining to this matter. 5. All public testimony pursuant to FIRS 92 G. CONSENT CALENDAR 1. Status Reports a. Annual Status Report 2013 for Special Management Area Use Permit SMA(U)- 2005-8, Project Development Use Permit PDU-2005-26, Use Permit U-2005-25 and Class IV Zoning Permit Z-IV-2005-30, Tax Map Key (4) 3-5-001: 027 (Por.), 168, 169, 171 (Por.), 172 (Por.), 175 and 176 = Kaua'i Lagoons LLC & Mori Golf(Kaua'i, LLC. 1. Director's Report pertaining to this matter. b. 2013 Annual Status Report (9/9/13)from Michael J. Belles, Esq., Belles Graham Proudfoot Wilson & Chun LLP, for Special Management Area Use Permit SMA(U)-2007-13, Project Development Use Permit PDU-2007-25 and Class IV Zoning Permit Z-IV-2007-29, Tax Map Key 2-8-16: 3 & 4 and 2-8-15: 43, 44 & 82, Po'ipu, Kaua'i =SVO Pacific, Inc. 1. Director's Report pertaining to this matter. G. CONSENT CALENDAR (Cont'd) 2. Director's Report(s) for Proiect(s) Scheduled for Agency Hearing on 12/10/13 a. Class IV Zoning Permit Z-IV-2014-05 and Use Permit U-2014-05 to construct a farm dwelling with garage, Lanai, and pool on Lot 13 of the Seacliff Plantation Subdivision in Kilauea, further identified as Tax Map Key 5-2-004: 086 and containing a total area of approx. 5.082 acres =Kyle& Keate Barker. 1. Director's Report pertaining to this matter. 3. Shoreline Setback Activity Determination a. Shoreline Setback Commission Review SSCR-2014-09 and Shoreline Setback Determination SSD-2014-19 for a shoreline activity determination, Tax Map Key 4-3-002: 012, Wailua Kaua'i, for acceptance by the Commission = Coconut Coast Partners. 1. Director's Report pertaining to this matter. b. Shoreline Setback Commission Review SSCR-2014-13 and Shoreline Setback Determination SSD-2014-26 for a shoreline activity determination, Tax Map Key 4-3-009: 004, Wailua, Kaua'i, for acceptance by the Commission = Desi Luna. 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), 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 of the powers, duties privileges, immunities and/or liabilities of the Planning Commission and the County as they relate to the Religious Land Use and Institutionalized Persons Act (RLUIPA), Pub.L. 106-274, codified as 42 U.S.C. § 2000. 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 review of the Planning Director pertaining to the Commission's FY 2014 work performance goals. Further, the discussion and development of the Commission's work performance goals and objectives for the Planning Director in FY 2015. This session pertains to the evaluation of the Planning Director's work performance 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. Contested Case No. 2013-77 for Protest and Appeal re Notice and Imposition of Fine re Tax Map Key 4-5-8-008: 034, Alleged Special Management Area Notice of Violation, dated September 30, 2013, Notice of Breach of Contract & Objection to Malicious Prosecution, Request of Hearing by Klaus H. Burmeister, Esq. a. Memorandum from the Clerk of the Commission requesting delegated authority to procure and appoint a hearings officer on behalf of the Commission to hear the contested case. L GENERAL BUSINESS MATTERS (Cont'd) 2. Contested Case No. 2013-78 for Protest and Appeal re Notice and Imposition of Fine re Tax Map Key 4-5-8-008: 034, Alleged Special Management Area Notice of Violation, dated September 30, 2013, Notice of Breach of Contract & Objection to Malicious Prosecution, Request of Hearing by Klaus H. Burmeister, Esq. a. Memorandum from the Clerk of the Commission requesting delegated authority to procure and appoint a hearings officer on behalf of the Commission to hear the contested case. 3. Update from the Department on the County's "Complete Streets" Policy implementation program and the Kaua'i Multimodal Transportation Plan. 4. 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) 1. 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, agency hearing closed 8/13/13.] a. Supplemental No. 1 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 Lihu'e Civic Center, Moikeha Building, Meeting Room 2A- 213, 4444 Rice Street, Lihu'e, Kaua'i, Hawai'i 96766 on Tuesday, December 10,2013. 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, November 12, 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 October 8, 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-2014-05 Princeville Mauka Village, LLC., Applicant 2-lot subdivision, TMK: 5-3-001:002 Kalihikai and Hanalei, Halalea, Kauai 1. Tentative Subdivision Action(Cont'd) b. Subdivision Application No. S-2014-06 Point One Investments, LLC., Applicant Proposed 2-lot Subdivision, TMK: 4-2-009:035 Wailua, Kawaihau (Puna), Kauai c. Subdivision Application No. S-2014-07 Fox Gray LLC./Dan Errico, Applicant Proposed 3-lot boundary adjustment TMK: 5-5-004:18, 19, 21 aioli, Hanalei, Kauai 2. Subdivision Extension Requests a. Subdivision Application No. S-2006-49 Kauai Habitat for Humanity Proposed 108-lot Subdivision TMK: 2-1-01:052 (Por.) `Ele`ele, Kauai b. Subdivision Application No. S-2011-19 Halalea Investment Co. LLC./ Patricia Wilcox Sheehan, Applicant Proposed 4-lot Consolidation, TMK: 5-5-010:66, 68, 69, 81 Hanalei, Kauai 3. Modification of Requirement/Condition Action a. Subdivision Application No. S-2005-49 Stefan Mandel, Applicant Proposed 2-lot Subdivision, TMK: 4-6-016:33, 84 Kapa`a, Kauai 4. Final Subdivision Action a. Subdivision Application No. 5-2013-13 James E. Nishida Jr.,EYAL.,Applicant Proposed 2-lot boundary adjustment TMK: 4-2-022:69,70 Wailua,Puna,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.