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Home My WebLink About3-11-14 Planning Commision Agenda [REGULAR MEETING] webKAUA'I PLANNING COMMISSION REGULAR MEETING Tuesday, March 11, 2014 9:00 a.m. or Soon Thereafter Lfhu'e Civic Center, Moikeha Building Meeting Room 2A -2B 4444 Rice Street, Liu'e, Kauai, Hawai'i AGENDA A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA D. MINUTES of the meeting(s) of the Planning Commission Meetings of February 11, 2014 and February 25, 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 (NONE) 4. New Public Hearing (NONE) 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 3/25/14 (NONE) 3. Shoreline Setback Activity Determination (NONE) H. EXECUTIVE SESSION 1. 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 Planning Commission to provide a briefing and discuss legal issues concerning the Hawai'i Supreme Court's ruling in Kaua'i Springs, Inc. vs. Planning Commission of the County of Kaua'i, SCWC -29440 (2014). This briefing and consultation involves the consideration of the powers, duties, privileges, immunities and/or liabilities of the Planning Commission and the County as they relate to this agenda item. 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 Planning Commission to provide a briefing and discuss legal issues concerning the application, enforcement, and contested case hearing process regarding Kaua'i County Code Chapter 8, Article 17, specifically the sections enacted under Ordinance Nos. 864, 876 and 904. This briefing and consultation involves the consideration of the powers, duties, privileges, immunities and/or liabilities of the Planning Commission and the County as they relate to this agenda item. 3. Pursuant to Hawaii Revised Statutes 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. 4. 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 Planning Commission to provide a briefing and discuss legal issues concerning State Land Use Agricultural District permissible uses and the enforcement of farm dwelling agreements and subordination agreements. This briefing and consultation involves the consideration of the powers, duties, privileges, immunities and /or liabilities of the Planning Commission and the County as they relate to this agenda item. 5. Planning Commission Education: Tips regarding meeting management. I. GENERAL BUSINESS MATTERS (NONE) J. COMMUNICATION (For Action) (NONE) K. COMMITTEE REPORTS 1. Subdivision Subdivision Action matters listed in the Subdivision Committee Agenda (attached). 3/11/14 Planning Commission Agenda 2 L. UNFINISHED BUSINESS (For Action) (NONE) M. NEW BUSINESS 1. For Action — See Agenda F for Proiect 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 Llhu'e Civic Center, Moikeha Building, Meeting Room 2A -2B, 4444 Rice Street, Llhu'e, Kaua'i, Hawai'i 96766 on Tuesday, March 25, 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. 3/11/14 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, March 11, 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 & February 25, 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 -13 (Christopher White/Robert White) Proposed 2 -lot Subdivision TMK: 2 -8- 018:024 Weliweli, Koloa, Kauai 3/11/14 Planning Commission Agenda 4 2. Modification of Requirement/Condition Action a. Subdivision Application No. 5- 2005 -24 (KVH Partners) Proposed 4 -lot Subdivision TMK: 1 -2- 013:001 KiVaola, Waimea, 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, Li -hu`e, Hawaii 96766. Telephone: (808) 241 -4050. 3/11/14 Planning Commission Agenda 5