The URL can be used to link to this page

Home My WebLink About10-14-14 Planning Commision AgendaKAUAI PLANNING COMMISSION REGULAR MEETING Tuesday, October 14, 2014 9:00 a.m. or Soon Thereafter Li-hu'e Civic Center, Moikeha Building Meeting Room 2A -2B 4444 Rice Street, Lihue, Kauai, Hawai'i AGENDA A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA D. MINUTES of the meetings) of the Planning Commission 1. Meeting of July 8, 2014 E. RECEIPT OF ITEMS FOR THE RECORD F. HEARINGS AND PUBLIC COMMENT (Noticed hearings will not commence until 9:00 a.m. or soon thereafter.) 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 Agency Hearing (NONE) 2. New Agency Hearing a. Special Management Area Use Permit SMA(U)- 2015 -2, Class IV Zoning Permit Z -IV- 2015-3 and Use Permit U- 2015 -3 to allow conversion of an existing residence into a bed and breakfast operation on a parcel located along the mauka side of Weke Road in Hanalei Town, situated at its intersection with Pilikoa Street, further identified as Tax Map Key 5 -5 -010: 032 and containing a total area of 7,568 sq. ft. = Ed Ben -Dor and Joan Ben -Dor. /Director's Report received 9/23/14.] [Applicant's Response to Planning Director's Report, received 10/8/14.] F. HEARINGS AND PUBLIC COMMENT (Cont'd) 3. Continued Public Hearing a. ZA- 2014 -9: A bill for an ordinance amending Chapter 8, Kauai County Code 1987, as amended, relating to Additional Dwelling Unit. The proposal extends the sunset date of the Additional Dwelling Unit on other than residentially zoned lots, and establishes an annual recertification requirement and fee = County of Kauai, Department of Planning. [Hearing deferred7/22/14 due to no quorum, Director's Report received and hearing deferred 8/12/14.] 1. Supplemental No. l Director's Report pertaining to this matter. 4. New Public Hearing a. ZA- 2015 -1: A proposed ordinance to implement the South Kauai Community Plan, which is an update to the existing Koloa - Poipu - Kalaheo Development Plan, and includes the communities of Koloa, Poipu, Kalaheo, Omao and Lawai. The proposed ordinance will amend Chapter 10, Article 6 of the Kauai County Code to identify potential special planning areas to accommodate future growth and to establish new special planning areas for the town cores of Koloa and Kalaheo, and an area adjacent to the Poipu Road roundabout, and exceptions, modifications and additions to Chapters 8, 9 and 10 of the Kauai County Code. The Special Planning Areas will provide development standards and guidelines to help achieve the goals and objectives for the South Kauai Planning District that were created through a public planning process and with assistance from a Citizen's Advisory Committee. The following special planning areas are proposed: 1. Special Planning Area "H ", also known as the " Koloa Town Walkable Mixed Use District ". 2. Special Planning Area "I ", also known as the " Kalaheo Town Walkable Mixed Use District ". 3. Special Planning Area "J ", also known as the " Poipu Roundabout Walkable Mixed Use District ". 1. Director's Report pertaining to this matter. 5. All remaining public testimony pursuant to HRS 92 (Sunshine Law) G. CONSENT CALENDAR 1. Status Reports (NONE) 2. Director's Report(s) for Project(s) Scheduled for Agency Hearing on 10/28/14. a. Class IV Zoning Permit Z -IV- 2015 -4 and Use Permit U- 2015 -4 to construct a farmworker housing unit featuring 3 bedrooms /2 bathrooms on a parcel situated along the Makai side of Koolau Road in Moloaa, approx.. '/2 mile east of its intersection with Kuhio Highway, further identified as 6020 Koolau Road or Tax Map Key 4 -9 -009: 012, CPR Unit 83, and containing a land area of 6.25 acres = Kauai Kunana, Inc. (dba Kauai Kunana Dairy). 1. Director's Report pertaining to this matter. 10/14/14 Planning Commission Agenda 2 G. CONSENT CALENDAR (Cont'd) 3. Shoreline Setback Activity Determination a. Shoreline Setback Commission Review SSCR- 2015 -03 and Shoreline Setback Determination SSD- 2015 -08 for a shoreline activity determination, Tax Map Key 5 -3- 005: 005, Anini, Kauai, for acceptance by the Commission = County of Kauai, Department of Parks and Recreation. 1. Director's Report pertaining to this matter. b. Shoreline Setback Commission Review SSCR- 2015 -04 and Shoreline Setback Determination SSD- 2015 -09 for a shoreline activity determination, Tax Map Key 1 -9- 008: 007, Hanapepe, Kauai, for acceptance by the Commission = County of Kauai, Department of Parks and Recreation. 1. Director's Report pertaining to this matter. H. EXECUTIVE SESSION I. GENERAL BUSINESS MATTERS Letter (9/22/14) from Gwendolyn A. Mocksing, requesting cancellation of Use Permit U- 2014 -14, Tax Map Key 2 -6 -004: 32, Poipu Road, Kauai. 2. Appeal on August 20, 2014 Notice of Violation of Order to Pay Fines by Patrick J. Childs, Esq., on behalf of Greg Allen, Sr. owner of 4241 Annini (sic) Road, Kawaihau District, Tax Map Key 5 -3 -007: 014. a. Clerk of the Commission's Recommendation to Receive the Appeal filed on August 20, 2014 Concerning a Notice of Violation of Order to Pay Fines by Patrick J. Childs, Esq., on behalf of Greg Allen, Sr. owner of 4241 Annini (sic) Road, Kawaihau District, Tax Map Key 5 -3 -007: 014. Clerk's further Request that a Contested Case Hearing be granted and set on the matter before the Commission on December 9, 2014. 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) a. ZA- 2014 -9: A bill for an ordinance amending Chapter 8, Kauai County Code 1987, as amended, relating to Additional Dwelling Unit. The proposal extends the sunset date of the Additional Dwelling Unit on other than residentially zoned lots, and establishes an annual recertification requirement and fee = County of Kauai, Department of Planning. [Hearing deferred7/22/14 due to no quorum, Director's Report received and hearing deferred 8/12/14.] 10/14/14 Planning Commission Agenda 3 M. NEW BUSINESS 1. For Action — See Agenda F for Project Descriptions N. ANNOUNCEMENTS Topics for Future Meetings 2. The following scheduled Planning Commission meeting will be held at 9:00 a.m., or shortly thereafter at the Lihue Civic Center, Moikeha Building, Meeting Room 2A -2B, 4444 Rice Street, Lihue, Kauai, Hawai'i 96766 on Tuesday, October 28, 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. 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. 10/14/14 Planning Commission Agenda 4 KAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING Lihue Civic Center, Moikeha Building Meeting Room 2A -2B 4444 Rice Street, Lihue, Hawaii 96766 Tuesday, October 14, 2014, 8:30 A.M. AGENDA A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA D. MINUTES of the meetings) of the Subdivision Committee 1. Meeting of July 8, 2014 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 I. NEW BUSINESS (For Action) 1. Tentative Subdivision Action a. Subdivision Application No. S- 2015 -02 (Julie Yamane andAmyPostma) Proposed 2 -lot Subdivision TMK: (4) 4 -6- 018:017 Kapa`a, Kawaihau, Kauai 1. Subdivision Report pertaining to this matter. 10/14/14 Planning Commission Agenda 5 L NEW BUSINESS (For Action) (Cont'd) 2. Subdivision Extension Requests a. Subdivision Application No. S- 2012 -11 (Jan, Inc.) Proposed 11 -lot Consolidation TMK: (4) 2-8-008:020,022-029,034,035 K61oa, Kauai 1. Evaluation & Recommendation pertaining to this matter. b. Subdivision Application No. S- 2012 -16 (The Saiki Family Revocable Trust) Proposed 6 -lot Subdivision TMK: (4) 4 -1- 007:007 Wailua, Kawaihau, Kauai 1. Evaluation & Recommendation pertaining to this matter. c. Subdivision Application No. S- 2013 -22 (Cheryl Cowden Schenck) Proposed Kuleana Relocation TMK: (4) 4 -9- 012:005 Aliomanu, Moloa`a & Papa`a, Koolau, Kauai 1. Evaluation & Recommendation pertaining to this matter. d. Subdivision Application No. S -96 -38 (Kilauea Ventures, LLC) Road and Drainage Subdivision Consolidation with S- 2013 -20 to facilitate conditions pursuant to Z -IV- 2012 -7 TMK (4) -5 -2 -04:62 & 128; (4) -5 -2- 23:28; (4) -5 -2 -05:24 Kilauea, Kauai 1. Evaluation & Recommendation pertaining to this matter. 3. Final Subdivision Action a. Subdivision Application No. S- 2013 -12 (John WX Driver & Teresa S. Driver) Proposed 2 -lot Boundary Adjustment TMK: (4) 1 -2- 008:003 Kil aola, Waimea, Kauai 1. Subdivision Report pertaining to this matter. 10/14/14 Planning Commission Agenda 6 L NEW BUSINESS (For Action) (Cont'd) Final Subdivision Action (Cont'd) b. Subdivision Application No. 5- 2014 -14 (Lance & Ann Akama Trust /Michael M. Akama & David Y. Akama) Proposed 2 -lot Boundary Adjustment TMK: (4) 3-6-010:049,051 Llhu`e, Kauai 1. Subdivision Report pertaining to this matter. 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, Li-hu`e, Hawaii 96766. Telephone: (808) 241 -4050. 10/14/14 Planning Commission Agenda 7