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HomeMy WebLinkAboutApril 30, 2013 pc agenda pdf KAUAI PLANNING COMMISSION REGULAR MEETING Tuesday, April 30, 2013 (Items of the April 23, 2013 meeting were continued due to lack of quorum.) 9:00 a.m. or Soon Thereafter Lihu'e Civic Center, Moikeha Building RCluF1 Meeting Room 2A-2B 4444 Rice Street, Lihu'e, Kaua'i, Hawai'i '13 APR 24 P 3 *35 AGENDA 1µ A. CALL TO ORDER f 1 B. ROLL CALL C. APPROVAL OF AGENDA D. MINUTES of the meeting(s) of the Planning Commission (NONE) 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 (NONE) 2. New Agency Hearing a. Modification of Class IV Zoning Permit Z-IV-2008-6, Use Permit U-2008-4 and Special Management Area Use Permit SMA(U)-2008-5,to construct a manager's house and maintenance building on a parcel situated along the mauka side of Kahili Quarry Road in Kilauea, approx. 1 mile east of the Kilauea Road/Kahili Quarry Road intersection, further identified as Tax Map Key 5-2-012: 035, and containing a total area of approx.; 161.88 acres = Charles M. Somers1west Sunset 32 Phase I, LLC. [Cont'd 4/9/13 & 4/23/13 due to lack of quorum.] 1. Supplemental No. 1 Director's Report pertaining to this matter. 2. Request for Standing (Undated, Received 4/1/13) from Yoshi L'Hote, President, Kilauea Neighborhood Association, applying for intervener status. F. HEARINGS AND PUBLIC COMMENT (Cont'd) 2. New Agency Hearing (Cont'd) a. Modification of Class IV Zoning Permit Z-IV-2008-6, Use Permit U-2008-4 and Special Management Area Use Permit SMA(U)-2008-5 = Charles M. Somers/West Sunset 32 Phase 1, LLC. (Cont'd) 3. Request to reassert intervener status and a contested case hearing (3/25/13) from Elizabeth Anne Freeman. 4. Memorandum from Michael A. Dahilig, Director of Planning to Honorable Commissioners, Kaua'i Planning Commission re Intervention Requests and Recommendations for Proceedings. 3. Continued Public Hearing (NONE) 4. New Pubfic Hearing a. Proposed Bill No. 2483 (ZA-2013-4), the amendment of provisions under Chapter 7, 8 and 9 of the Kauai County Code 1987, as amended, relating to the adjustment of various permitting charges and fees levied by the Department of Planning = Kauai County Planning Department. [Cont'd 4/9/13 & 4/23/13 due to lack of quorum.] 1. Director's Report pertaining to this matter. 2. Supplemental No. 1 Director's Report pertaining to this matter. b. Proposed Bill No. 2464 (ZA-2013-3) for an ordinance to amend Section 8-3.4 of the Kauai County Code (1987), as amended, to clarify the process, increase the processing fee, and extend the timeline for decision making by the Planning Commission and County Council for zoning amendment applications = Kaua'i County Council. [Cont'd 4/9/13 &4/23/13 due to lack of quorum.] 1. Director's Report pertaining to this matter. c. Amendment of Section 1-2-21 of the Rules of Practice and Procedure of the Kauai Planning Commission = Kaua'i Planning Commission. [Cont'd 4/9/13 & 4/23/13 due to lack of quorum.] 5. All public testimony pursuant to HRS 92 G. CONSENT CALENDAR 1. Status Reports a. Annual Status Report 2012 (12/31/12) regarding Compliance with Permit Conditions and 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. [Cont'd 4/9/13 & 4/23/13 due to lack of quorum.] 1. Director's Report pertaining to this matter. 2. Withdrawal Request (4/8/13) from Eric Knutzen, Authorized Representative for Applicant. G. CONSENT CALENDAR (Cont'd) 1. Status Reports (Cont'd) b. Status Report (12/28/12) from Todd Doray, Manager, for Project Development Use Permit P. D. U-2009-9 and Class IV Zoning Permit Z-IV-2009-6,to develop a 220 unit residential condominium project within an existing Residential District R- 20 zoned property, Tax Map Key 3-8-5: 22, Llhu'e, Kaua'I =Koamalu Plantation LLC. [Cont'd 4/9/13 &4/23/13 due to lack of quorum.] 1. Director's Report pertaining to this matter. 2. Director's Report(s) for Project(s) Scheduled for Agency Hearing on 5/14/13 (NONE) 3. Shoreline Setback Activitv Determination (NONE) 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 evaluation of the Planning Director. This session pertains to the Planning Director's evaluation 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. [Cont'd 4/9/13 & 4/23/13 due to lack of quorum.] 2. 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 Commission'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 agenda item I.1, below. I. GENERAL BUSINESS MATTERS (For Action) L In the Matter of: Special Management Area Permit SMA (U)-2005-1; Project Development Use Permit (PD)-U-2005-4; Use Permit U-2005-6; Variance Permit V- 2005-1 and Class IV Zoning Permit Z-IV-2005-5: a. Proposed Hearings Officer's Findings of Fact, Conclusions of Law and Decision and Order Dated April 12,2013. b. Petitioner County of Kauai Planning Department's Motion to Adopt Hearings Officer's Findings of Fact, Conclusions of Law and Decision and Order dated April 23, 2013 c. Letter from Coco Palms Ventures, LLC dated April 19, 2013 requesting the commission extend the Hearings Officer's stay from a period of 30 days to one (1) year. d. PR 11 Coco Palms, LLC's (wholly owned subsidiary of The Prudential Insurance Company of America) Petition to Intervene dated April 23, 2013. e. Petitioner County of Kauai Plamiing Department's April 24, 2013 Memorandum in Opposition to PR II Coco Palms, LLC's Petition to Intervene dated April 23, 2013. f. Transcript of Contested Case Hearing and Memorialized Order Denying Prudential's Request for a Continuance and Intervention (For the record). L GENERAL BUSINESS MATTERS (Cont'd) 2. Request for extension (3/12/13) of Project Development Use Permit PDU-2008-11, Class IN Zoning Z-IV-2008-12 and Use Permit U-2008-10, Tax Map Key 2-8-008: 001, to allow an additional five (5) years to complete construction of the project in Koloa Town, Koloa, Kauai =SREI Koloa LLC (/ka Village at Koloa Town, LLQ. [Cont'd 4/9/13 &4/23/13 due to lack of quorum.] a. Director's Report pertaining to this matter. 3. Memorandum (4/1/13) from Michael Dahilig, Director of Planning to the Honorable Commissioners of the Kauai Plarming Commission recommending the Commission refer the following matters to the Commission's Hearings Officer. [Cont'd 4/9/13 & 4/23/13 due to lack of quorum.] a. In the Matter of Petition to Appeal Decision of the Planning Director Denying Use of the TVR-Non Conforming Use Certificate, Tax Map Key (4) 1-3- 005:030, Gerald Fischer, TV-2837-NCU. b. In the Matter of Petition to Appeal Decision of the Planning Director Denying Use of the TVR-Non Conforming Use Certificate, Tax Map Key (4) 1-3- 004:019, Walter Stocker, TVNC-1169. c. In the Matter of Petition to Appeal Decision of the Planning Director Denying Use of the TVR-Non Conforming Use Certificate, Tax Map Key (4) 2-3- 015:025, S & S Tickle Trust, TVNC-1242. d. In the Matter of Petition to Appeal Decision of the Planning Director Denying Use of the TVR-Non Conforming Use Certificate, Tax Map Key (4) 2-6- 007:009, Richard Travers, TVNC-1255. 1. Request (4/17/13) from Susie Travers to defer their agenda item until the Planning Commission's May 2013 meeting. 4. Memorandum (4/1/13) from Michael Dahilig, Director of Planning to the Honorable Commissioners of the Kauai Planning Commission regarding Appointment of Hearings Officer for Director Determination Appeals Enforcement Actions Taken Pursuant to Transient Vacation Rental Ordinance (FKA Ordinance 904). [Cont'd 4/9/13 & 4/23/13 due to lack of quorum.] J. COMMUNICATION (For Action) (NONE) K. COMMITTEE REPORTS 1. Subdivision Subdivision Action matters listed in the Subdivision Committee Agenda(attached) of April 9, 2013. L. UNFINISHED BUSINESS (For Action) 1. Pursuant to Section 91-3, Hawai'i Revised Statutes, to consider the adoption of administrative rules under authority of Kauai County Charter Article XIV Section 14.03.E pertaining to the interpretation of Ordinance 894. The proposed adoption will specifically concern building paint colors allowable within the Lihue Town Core Special Planning Areas — County of Kauai. [Director's Report received, public hearing closed, action deferred until the State Small Business Regulatory Review Board is able to levy a review on this matter 2/12/13.] [Cont'd 4/9/13 & 4/23/13 due to lack of quorum.] a. Supplemental No. 1 Director's Report No. pertaining to this matter. b. Memorandum (3/25/13) from Chu Lan Shubert-Kwock, Acting Chair, State of Hawai'i, Small Business Regulatory Review Board. M. NEW BUSINESS 1. For Action —See Agenda F for Project Descriptions N. ANNOUNCEMENTS 1. The following scheduled Planning Commission meeting will be held at 9:00 a.m., or shortly thereafter at the Llhu'e Civic Center, Moikeha Building, Meeting Room 2A- 2B, 4444 Rice Street, Lihue,Kauai, Hawai'i 96766 on Tuesday,May 14,2013. 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,April 9,2013,8:30 A.M. AGENDA Call to Order Approval of the Agenda Minutes—Meeting of March 12, 2013 &March 27, 2013 Public Comment for Listed Agenda Items A. GENERAL BUSINESS MATTERS B. COMMUNICATIONS C. UNFINISHED BUSINESS D. NEW BUSINESS (For Action) 1. Tentative Subdivision Action: a. S-2013-13 —James E.Nirhida Jr, A al. 2-lot Subdivision TMK: 4-2-022:069, 070 Wailua Homesteads, Kauai 2. Final Subdivision Action: a. S-2009-08 =KMN,LLC. 10-lot Subdivision TMK: 4-1-006:016 Wailua Houselots,Kauai 3. Tentative Subdivision Extension Requests: a. S-2011-21 =Kukui`ulaDevelopment Company 40-lot Subdivision (Hawai'i)LLC TMK: 2-6-019:022, 023,024 Kukui`ula, Kauai E. 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, Lihue, Hawaii 96766. Telephone: 241-4050.