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HomeMy WebLinkAboutPC_Agenda_05-14-13 KAUAI PLANNING CONMSSION REGULAR MEETING RECE.IVEn Tuesday, May 14, 2013 `13 11RY -8 P3 :47 f 1°10E Cr 9:00 a.m. or Soon Thereafter THI t "1, ' 7K Lihu'e Civic Center, Moikeha Building Meeting Room 2A-2B 4444 Rice Street, Lihu'e, 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. Executive Session of February 12, 2013 2. Executive Session of February 26, 2013 3. Regular Meeting of March 27, 2013 4. Regular Meeting of April 9, 2013 5. Regular Meeting of April 23, 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 (NONE) 2. New Agency Hearing a. Special Management Area Use Permit SMA(U)-2013-7 to construct a single- family residence on a parcel located along the makai side of Kuono Road in Moloa'a, situated approx. 300 ft. east of its intersection with Moloa'a Road, further identified as Tax Map Key 4-9-014:008, and containing a total area of .816 acres =Michael Wells. 1. Director's Report pertaining to this matter. 2. Supplemental No. 1 Director's Report pertaining to this matter. 3. Continued Public Hearing (NONE) 4. New Public Hearing (NONE) 5. All public testimony pursuant to HRS 92 G. CONSENT CALENDAR 1. Status Reports a. 2012 Annual Status Report for Special Management Area Use Permit SMA(U)- 2006-05, Project Development Use Permit PDU-2006-7 and Class IV Zoning Permit Z-IV-2006-10, Tax Map Key: 4-3-007:027, Waipouli, Kauai = Coconut Plantation Holdings, LLC 1. Director's Report pertaining to this matter. 2. Director's Report(s) for Proiect(s) Scheduled for Agency Hearing on 6/12/13 a. Class IV Zoning Permit (Z-IV-2013-15) and Use Permit (U-2013-13) to permit the construction and operation of a solar power facility on a parcel immediately adjacent to the Koloa Mill site, along the eastern side of Ala Kinoiki in Koloa, further identified as Tax Map Key: 2-8-002:002 (Portion), and containing a total area of 67.24 acres=Kauai Island Utility Cooperative. 1. Director's Report pertaining to this matter. b. Special Management Area Use Permit (SMA(U)-2013-8), Class IV Zoning Permit (Z-IV-2013-16) and Use Permit (U-2013-14) to accommodate the conversion of the existing Hanalei Court House facility into a multi-purpose neighborhood community center, located on property along the makai side of Kuhi`o Highway in Hanalei Town, situated at its intersection with Mahimahi Road, further identified as Tax Map Key: (4) 5-5-003:002, and containing a total area of 2.499 acres = County of Kauai, Department of Public Works and County of Kauai, Department of Parks and Recreation. 1. Director's Report pertaining to this matter. 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 due to lack of quorum. Cont'd 4/23/13 due to lack of quorum. Deferred 4/30/13.1 1. GENERAL BUSINESS MATTERS 1. Presentation from Michael Moule, PE, TE, PTOE, Nelson\Nygaard Consulting Associates Inc., to brief the Commission on multimodal transportation planning concepts (information only). 2. Request to Amend Special Permit SP-88-3, Use Permit U-88-23, and Class IV Zoning Permit Z-IV-88-28 to expand hours of operation of food service, to continue to hold special events, and to construct buildings previously approved under the subject permits, Tax Map Key (4) 5-2-013:012 (formerly 5-2-017:014) and affecting a Portion of a 46.587 acre parcel = Living Farms LLC. a. Director's Report pertaining to this matter. 3. 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 due to lack of quorum. Cont'd 4/23/13 due to lack of quorum. Hearing closed 4/30/13.] a. Director's Report pertaining to this matter. 4. In the Matter of Petition to Appeal Decision of the Planning Director Denying Kauai Beach Villas Phase II, LLC's Request for an Exemption Pursuant to Ordinance No. 912 (Chapter 8, Article 28, See. 28.5 of the Kauai County Code, as amended 1987), Tax Map Key (4) 3-7-003:007,Kauai Beach Villas Phase II, LLC. a. Proposed Hearing Officer's Findings of Fact, Conclusions of Law, and Decision and Order, dated March 28, 2013. b. Appellee Planning Department County of Kauai Motion to Adopt Hearings Officer's Findings of Fact, Conclusion of Law and Decision and Order, dated March 28, 2013 (with attached exhibits). I. GENERAL BUSINESS MATTERS (Cont'd) 5. Petition for Declaratory Ruling In the Matter of Tax Map Keys (TMKs) (4)-4-9- 05:014 and (4)-4-9-09:033 Jeffrey S. Linder and Ana Marie Lindner v. County of Kauai, dated April 17, 2013. a. Memorandum from Michael A. Dahilig, Director of Planning to the Honorable Commissioners of the Kauai Planning Commission ackiowledging receipt of Petition for Declaratory Ruling in the Matter of Tax Map Keys (TMKs) (4)-4-9- 05:014 and (4)-4-9-09:033 Jeffrey S. Linder and Ana Marie Lindner v. County of Kauai and request to refer the matter to Hearing Officer Richard F. Nakamura, Esq., dated May 1, 2013, J. COMMUNICATION (For Action) (NONE) K. COMMITTEE REPORTS 1. Subdivision Subdivision Action matters listed in the Subdivision Committee Agenda (attached) of May 14, 2013. L. UNFINISHED BUSINESS (For Action) 1. Memorandum (4/1/13) from Michael Dahilig, Director of Planning to the Honorable Commissioners of the Kauai Planning Commission recommending the Commission refer the following matters to the Commission's Hearings Officer. [Cont'd 4/9/13 due to lack of quorum. Cont'd 4/23/13 due to lack of quorum. Deferred 4/30/13.] 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) 2-6- 007:009, Richard Travers, TVNC-1255. M. NEW BUSINESS 1. For Action—See A14enda 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 Lihu'e Civic Center, Moikeha Building, Meeting Room 2A- 2B,4444 Rice Street,Lihu'e, Kaua'i, Hawai'i 96766 on Wednesday,June 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,Moikeba Building Meeting Room 2A-2B 4444 Rice Street, Lihue, Hawaii 96766 Tuesday, May 14, 2013, 8:30 A.M. AGENDA A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA D. MINUTES of the meeting(s) of the Subdivision Committee (NONE) E. RECEIPT OF ITEMS FOR THE RECORD (NONE) 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 (NONE) H. UNFINISHED BUSINESS (NONE) I. NEW BUSINESS (For Action) 1. Tentative Subdivision Action a. Subdivision Application No. S-2013-15 COUNTY OF KAUAI,DEPARTMENT OF WATER, Applicant Proposed 5-lot Subdivision, TMK: 3-8-005, Ljhu`e,Kauai b. Subdivision Application No, S-2013-16 KUKUI`ULA DEVELOPMENT COMPANY(HAWAPI) LLC,Applicant Proposed 26-lot Subdivision, TMK: 2-6-015:014,Kukui`ula,Kauai 2. Tentative Subdivision Extension Requests Action a. Subdivision Application No. S-2011-16 CAMERON K. BURGESS, EYAL.,Applicant Proposed 4-lot Subdivision, TMK: 4-1-008:013, Wailua Homesteads, Kauai b. Subdivision Application No. S-2011-20 KUKUI`ULA DEVELOPMENT COMPANY(HAWAI'I) LLC,Applicant Proposed 6-lot Subdivision, TMK: 2-6-019:026, 029, Kukui`ula,Kauai c. Subdivision Application No. S-2012-06 KUKUI`ULA DEVELOPMENT COMPANY (HAWAI'I) LLC,Applicant Proposed 4-lot Subdivision, TMK: 2-6-014:026, 043; 2-6-015:005, 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, Lihue,Hawaii 96766. Telephone: 241-4050.