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HomeMy WebLinkAbout12-10-13 Planning Commision Agenda web KAUA'I PLANNING COMMISSION REGULAR MEETING Tuesday, December 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 meetine(s) of the Planning Commission 1. Regular Meeting of November 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 shall also be accepted when the agenda item is taken up by the Commission. However if an individual has already testified during this period, additional testimony at the agenda item testimony may be allowed 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-2014-05 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. [Director's Report received 11/12/13.] 1. Supplemental No. 1 Director's Report pertaining to this matter. 2. Supplemental No. 2 Director's Report pertaining to this matter. 3. Supplemental No. 3 Director's Report pertaining to this matter. F. HEARINGS AND PUBLIC COMMENT (Cont'd) 2. New Agencv Hearing (Cont'd) b. Project Development Use Permit PDU-2014-6 and Class IV Zoning Permit Z-IV- 2014-6 for construction of an affordable multi-family residential project for seniors on properties situated in Lihu'e, along the southern side of Kalena Street and approx. 550 ft. southwest of the Kalena Street/Rice Street intersection, further identified as Tax Map Keys 3-6-004: 009 & 3-6-009: 001 and containing a combined area of 5.198 acres =Rice Camp Partners, LP. 1. Director's Report pertaining to this matter with copy of Commission Clerk's receipt of the Director's report and set agency hearing for December 10, 2013. 3. Continued Public Hearing a. 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 of Kauai, Planning Department. [Director's Report received and hearing continued 11/12/13.] 4. New Public Hearing (NONE) 5. All remaining public testimonv pursuant to FIRS 92 (Sunshine Law) G. CONSENT CALENDAR 1. Status Reports a. Fifth Annual Status Report for Special Management Area Use Permit SMA(U)- 2008-5, Use Permit U-2008-4 and Class IV Zoning Permit Z-IV-2008-6, Tax Map Key (4) 5-2-012: 035, Kilauea, Kauai = Charles Somers, as Trustee of the Charles Somers Living Trust dated November 12, 2002 and West Sunset 32 Phase 1, LLC. 1. Director's Report pertaining to this matter. b. 2013 Annual Status Report for Class IV Zoning Permit Z-IV-2008-7, Use Permit U-2008-5, Variance Permit V-2008-3 and Special Permit SP-2008-3, Tax Map Key 2-7-001: 001 (Por.), Koloa, Kaua'i = Green Energy Team, LLC. 1. Director's Report pertaining to this matter. 2. Director's Report(s) for Proiect(s) Scheduled for Agency Hearing on 1/14/14 a. Class IV Zoning Permit Z-IV-2014-7 and Use Permit U-2014-7 for construction of an affordable multi-family residential project on a parcel located in Princeville, situated along the makai side of Kuhi`o Highway and approx. 250 ft. east of its intersection with Hanalei Plantation Road, further identified as Tax Map Key 5-4-024: 020 and affecting a portion of a parcel containing 19.204 acres =KolopuaPartners, LP. 1. Director's Report pertaining to this matter. 2 G. CONSENT CALENDAR (Cont'd) 3. Shoreline Setback Activitv Determination a. Shoreline Setback Commission Review SSCR-2014-42 and Shoreline Setback Determination SSD-2014-14 for a shoreline activity determination, Tax Map Key 2-8-017: 009, Po'ipu, Kaua'i, for acceptance by the Commission=Jonathan Francis. 1. Director's Report pertaining to this matter. H. EXECUTIVE SESSION 1. 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. 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 disposal of appeals pursuant to Chapter 9 of the Rules of Practice and Procedure of the Planning Commission as it relates to enforcement actions taken by the Department pursuant to 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. L GENERAL BUSINESS MATTERS 1. Request to amend Condition No. 22 to allow one (1) additional year to complete project for Class IV Zoning Permit Z-IV-2008-7, Use Permit U-2008-5, Variance Permit V-2008-3 and Special Permit SP-2008-3, Tax Map Key 2-7-001: 001 (Por.), Koloa, Kaua'i = Green Energy Team, LLC. a. Director's Report pertaining to this matter. 2. Petition to Appeal the Decision of the Planning Director by Tomcik Concerning Non-renewal of Transient Vacation Rental Certificate TVNC-4287 (TMK No. 26011019)filed on 3/20/13 (Contested Case No. CC-2013-54) 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-4287 Tomcik, TMK Number 26011019 filed on 3/20/13 to a Hearings Officer (Contested Case Hearing No. CC-2013-54) 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 L GENERAL BUSINESS MATTERS (Cont'd) 3. Petition to Appeal the Decision of the Planning Director by Wilson Concerning Non- renewal of Transient Vacation Rental Certificate TVNC-1322 (TMK No. 55004003) filed on 8/27/13 (Contested Case No. CC-2013-65) 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-1322 Wilson, TMK Number 55004003 filed on 8/27/13 to a Hearings Officer (Contested Case Hearing No. CC-2013-65) 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 Ferreira Concerning Non-renewal of Transient Vacation Rental Certificate TVNC-4258 (TMK No. 49004009)filed on 8/29/13 (Contested Case No. CC-2013-66) 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-4258 Ferreira, TMK Number 49004009 filed on 8/29/13 to a Hearings Officer (Contested Case Hearing No. CC-2013-66) 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 Driscoll Concerning Non-renewal of Transient Vacation Rental Certificate TVNC-5030 (TMK No. 26006042)filed on 8/29/13 (Contested Case No. CC-2013-67) 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-5030 Driscoll, TMK Number 26006042 filed on 8/29/13 to a Hearings Officer (Contested Case Hearing No. CC-2013-67) 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 Troche Concerning Non- renewal of Transient Vacation Rental Certificate TVNC-5048 (TMK No. 28024006) filed on 8/29/13 (Contested Case No. CC-2013-68) 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-5048 Troche, TMK Number 28024006 filed on 8/29/13 to a Hearings Officer (Contested Case Hearing No. CC-2013-68) 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 L GENERAL BUSINESS MATTERS (Cont'd) 7. Petition to Appeal the Decision of the Planning Director by Brownell Concerning Non-renewal of Transient Vacation Rental Certificate TVNC-5064 (TMK No. 48007010)filed on 9/9/13 (Contested Case No. CC-2013-69) 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-5064 Brownell, TMK Number 48007010 filed on 9/9/13 to a Hearings Officer (Contested Case Hearing No. CC-2013-69) 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 Hoerner Concerning Transient Vacation Rental Certificate TVNC-1310 (TMK No. 45001002) filed on 9/16/13 (Contested Case No. CC-2013-71) a. Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to Transient Vacation Rental Certificate TVNC- 1310 Hoerner, TMK Number 45001002 filed on 9/16/13 to a Hearings Officer (Contested Case Hearing No. CC-2013-71) 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 Hoerner Concerning Transient Vacation Rental Certificate TVNC-1311 (TMK No. 45001002) filed on 9/16/13 (Contested Case No. CC-2013-72) a. Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to Transient Vacation Rental Certificate TVNC- 1311 Hoerner, TMK Number 45001002 filed on 9/16/13 to a Hearings Officer (Contested Case Hearing No. CC-2013-72) 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 Vines Concerning Transient Vacation Rental Certificate TVNC-1236 (TMK No. 49004011) filed on 10/11/13 (Contested Case No. CC-2013-74) a. Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to Transient Vacation Rental Certificate TVNC- 1236 Vines, TMK Number 49004011 filed on 10/11/13 to a Hearings Officer (Contested Case Hearing No. CC-2013-74) 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 L GENERAL BUSINESS MATTERS (Cont'd) 11. Petition to Appeal the Decision of the Planning Director by Brosnan Concerning Non-renewal of Transient Vacation Rental Certificate TVNC-5143 (TMK No. 58010014)filed on 10/21/13 (Contested Case No. CC-2013-76) 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-5143 Brosnan, TMK Number 58010014 filed on 10/21/13 to a Hearings Officer (Contested Case Hearing No. CC-2013-76) 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 McCarter Concerning Transient Vacation Rental Certificate TVNC-1314 (TMK No. 43009028) filed on 7/14/10 (Contested Case No. CC-2013-80) a. Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to Transient Vacation Rental Certificate TVNC- 1314 McCarter, TMK Number 43009028 filed on 7/14/10 to a Hearings Officer (Contested Case Hearing No. CC-2013-80) 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 4421-A Aku Road, LLC Concerning Transient Vacation Rental Certificate TVNC-5163 (TMK No. 55010023)filed on 7/30/09 (Contested Case No. CC-2013-81) a. Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to Transient Vacation Rental Certificate TVNC- 5163 4421-A Aku Road, LLC, TMK Number 55010023 filed on 7/30/09 to a Hearings Officer (Contested Case Hearing No. CC-2013-81) 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 Olsson Concerning Transient Vacation Rental Certificate TVNC-5032 (TMK No. 26007007) filed on 11/16/10 (Contested Case No. CC-2013-82) a. Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to Transient Vacation Rental Certificate TVNC- 5032 TMK Number 26007007 filed on 11/16/10 to a Hearings Officer (Contested Case Hearing No. CC-2013-82) 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 L GENERAL BUSINESS MATTERS (Cont'd) 15. Petition to Appeal the Decision of the Planning Director by Bardin Concerning Transient Vacation Rental Certificate TVNC-1225 (TMK No. 55010039) filed on 8/22/11 (Contested Case No. CC-2013-83) a. Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to Transient Vacation Rental Certificate TVNC- 1225 TMK Number 55010039 filed on 8/22/11 to a Hearings Officer (Contested Case Hearing No. CC-2013-83) 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. Update from the Director on Transient Vacation Rental Certificate Renewal and Enforcement Efforts and Discussion on Disposal of TVR Related Appeals by the Director of Planning. 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, action deferred 11/12/13.] a. Supplemental No. 2 Director's Report pertaining to this matter. 2. Minutes of October 8, 2013 [Deferred 11/12/13] M. NEW BUSINESS 1. For Action— See Agenda F for Proiect Descriptions 7 N. ANNOUNCEMENTS 1. Topics for Future Meetings 2. 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- 2B, 4444 Rice Street, Lrhu'e, Kaua'i, Hawai'i 96766 on Tuesday,January 14,2014. 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. FIRS 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. FIRS 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. 8 KAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING Lihue Civic Center, Moikeha Building Meeting Room 2A-213 4444 Rice Street, Lihue, Hawaii 96766 Tuesday, December 10, 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 November 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 L NEW BUSINESS (For Action) 1. Tentative Subdivision Action a. Subdivision Application No. S-2014-08 COK, Department of Water, Applicant Proposed 2-lot subdivision TMK: 1-2-006:018 Waimea, Kauai 9 L NEW BUSINESS (For Action) (Cont'd) 1. Tentative Subdivision Action(Cont'd) b. Subdivision Application No. S-2014-09 Brigitte M. Kuslo, Applicant Proposed 2-lot Boundary Adjustment TMK: 4-6-036:165, 166 Kapa`a, Kawaihau, Kauai 2. Final Subdivision Action a. Subdivision Application No. 5-2012-10 Don Ho Enterprises LLC.,ET. AL.,Applicant Proposed 2-lot Boundary Adjustment TMK: 4-6-012:124, 125 Kapa`a,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, fAu`e, Hawaii 96766. Telephone: (808)241-4050. V:A2014 Master Files\Commissions\Planning Commission\12-10-13 Planning Commision Agenda MAD Edit.docx 10