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Home My WebLink About2-25-14 Planning Commision Agenda WEBKAUA'I PLANNING COMMISSION REGULAR MEETING Tuesday, February 25, 2014 9:00 a.m. or Soon Thereafter Lfhu'e Civic Center, Moikeha Building Meeting Room 2A -2B 4444 Rice Street, Li-hu'e, Kauai, Hawaii AGENDA A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA D. MINUTES of the meeting(s) of the Planning Commission 1. Workshop of January 28, 2014 and Regular Meeting of January 28, 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 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 (NONE) 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. [Hearing continued 1/14/14.] F. HEARINGS AND PUBLIC COMMENT (Cont'd) 3. Continued Public Hearing (Cont'd) b. 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. [Hearing continued 11/12/13.] Supplemental No. 1 Director's Report pertaining to this matter. 4. New Public Hearing a. To consider the adoption of Interpretive Administrative Zoning Rules and Regulations ( "KPAR ") by the Kauai Planning Commission relating to Chapters 8, 9 and 10 of the Kauai County Code pursuant to Article XIV Section 14.03.E of the Kauai County Charter including the codification of previously adopted interpretive rules. POSTPONED to 3/25/14. b. Zoning Amendment ZA- 2014 -1, Request to Amend Condition No. 19 of Zoning Ordinance PM- 2004 -370 and Zoning Ordinance PM- 2005 -374 relating to the Kukuiula Workforce Housing project that is adjacent to and east of Poipu Road, on former McBryde Sugar Company plantation lands, further identified as Tax Map Key 2 -6 -0004: 019 (portion), and containing an area of 9.4 acres, more or less = Kukui `ula Developm en t Company ( Hawai'i) LL C. Director's Report pertaining to this matter. 5. All remaining public testimony pursuant to HRS 92 (Sunshine Law) G. CONSENT CALENDAR 1. Status Reports a. 2014 Annual Status Report for Special Management Area Use Permit SMA(U)- 2006 -04, Project Development Use Permit PDU- 2006 -6 and Class IV Zoning Permit Z- IV -2006- 9, Tax Map Key 4 -3 -002: 15, 16 and 20, Kapa`a, Kaua'i = Coconut Beach Development, LL C. 2. Director's Report(s) for Proiect(s) Scheduled for Agency Hearing on 3/11/14 (NONE) 3. Shoreline Setback Activity Determination (NONE) H. EXECUTIVE SESSION (NONE) I. GENERAL BUSINESS MATTERS Petition for Declaratory Ruling, Tax Map Key 4 -9 -005: 014 and 4 -9 -009: 033, regarding Facilities Clearance forms for Additional Dwelling Units for Property located in Koolau, Anahola, County of Kaua'i, State of Hawai'i = Jeffrey S. Lindner and Ana Marie Lindner. 2/25/14 Planning Commission Agenda 2 I. GENERAL BUSINESS MATTERS (Cont'd) 2. Select Committee Report to the Planning Commission regarding a recommendation for a new Chapter to the Rules of Practice and Procedure of the Planning Commission for the Selection, Evaluation, and Dismissal of the Planning Director. The Report presents the findings and recommendations from the Select Committee on Employment Policies and Practices established by action of the Planning Commission on July 23, 2013. 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) 2. 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, hearing closed and action deferred 12/10/13, deferred 1/14/14.] a. Supplemental No. 6 Director's Report pertaining to this matter. 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 Lihu'e Civic Center, Moikeha Building, Meeting Room 2A -2B, 4444 Rice Street, Lihu'e, Kauai, Hawai'i 96766 on Tuesday, March 11, 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. 2/25/14 Planning Commission Agenda 3 KAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING Lihue Civic Center, Moikeha Building Meeting Room 2A -2B 4444 Rice Street, Lihue, Hawaii 96766 Tuesday, February 25, 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 Meeting of February 11, 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) Tentative Subdivision Action a. Subdivision Application No. S- 2014 -12 (Kealoha and Kimberly Estrella) Proposed 2 -lot Consolidation TMK: 4 -6- 004:028, 061 Kawaihau, Kauai 2/25/14 Planning Commission Agenda 4 I. NEW BUSINESS (For Action) (Cont'd) 2. Final Subdivision Action a. Subdivision Application No. 5- 2013 -17 (County of Kauai, Department of Water) Proposed 2 -lot Subdivision TMK: 1 -2- 002:001 Kekaha, Waimea, Kauai Moll] -sUa 10100 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. 2/25/14 Planning Commission Agenda 5