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Home My WebLink About4-22-14 Planning Commision AgendaKAUA'I PLANNING COMMISSION REGULAR MEETING Tuesday, April 22, 2014 8:31 a.m. or Soon Thereafter Lfhu'e Civic Center, Moikeha Building Meeting Room 2A -2B 4444 Rice Street, Li-hu'e, Kaua'i, Hawai'i AGENDA Welcome and Introduction of New Commissioner A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA D. MINUTES of the meeting(s) of the Planning Commission Meeting of March 25, 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. Class IV Zoning Permit Z -IV- 2014 -10 to allow after - the -fact improvements that includes the conversion of a garage into an additional dwelling unit and additions to the existing residence, and Variance Permit V- 2014 -2 to deviate from Section 8 -4.3 of the Kauai County Code (1987), as amended, relating to setback requirements within the Residential (R) zoning district, located on property located at the Kealoha Road /Makaha Road intersection in Kapaa, further identified as Tax Map Key 4 -5 -001: 018, and containing a total land area of 7,305 sq. ft. = Lorraine Newman. F. G. HEARINGS AND PUBLIC COMMENT (Cont'd) 3. 4. 5. New Agency Hearing (Cont'd) a. Class IV Zoning Permit Z -IV- 2014 -10 and V- 2014 -2= Lorraine Newman. ( Cont'd) 1. Supplemental No. 1 Director's Report pertaining to this matter. 2. Letter (4/15/14) from Lorna A. Nishimitsu, Esq., withdrawing above subject permits. Continued Public Hearing a. 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 cont'd 11/12/13, cont'd 2/25/14, cont'd 3/25/14.] 1. Supplemental No. 2 Director's Report pertaining to this hatter. New Public Hearing (NONE) All remaining public testimony pursuant to HRS 92 (Sunshine Law) CONSENT CALENDAR 1. 2. U Status Reports (NONE) Director's Report(s) for Project(s) Scheduled for Agency Hearing on 5/13/14 a. Class IV Zoning Permit Z -IV- 2014 -11 and Use Permit U- 2014 -10 to construct and operate a library facility on a property located at the corner of Kawaihau Road and Mailihuna Road, further identified as Tax Map Key 4 -6 -014: 0031, on a portion of a total property area of approx. 52.166 acres = State of Hawai'i, Department of Education. 1. Director's Report pertaining to this matter. Shoreline Setback Activity Determination a. Shoreline Setback Commission Review SSCR- 2014 -20 and Shoreline Setback Determination SSD- 2014 -54 for a shoreline activity determination, Tax Map Key 2 -6- 011:002 Poipu, Koloa, Kauai, for acceptance by the Commission = Tropic Pools, Applicant. 1. Director's Report pertaining to this matter. b. Shoreline Setback Commission Review SSCR- 2014 -21 and Shoreline Setback Determination SSD- 2014 -56 for a shoreline activity determination, Tax Map Key 2 -6- 011:008, Poipu, Kauai, for acceptance by the Commission = Earl Payton, Applicant. 1. Director's Report pertaining to this matter. 4/22/14 Planning Commission Agenda 2 G. CONSENT CALENDAR (Cont'd) 3. Shoreline Setback Activity Determination (Cont'd) c. Shoreline Setback Commission Review SSCR- 2014 -22 and Shoreline Setback Determination SSD- 2014 -58 for a shoreline activity determination, Tax Map Key 2 -8- 021:001, Poipu, Kauai, for acceptance by the Commission = Poipu Resort Partners, Applicant. 1. Director's Report pertaining to this matter. d. Shoreline Setback Commission Review SSCR- 2014 -23 and Shoreline Setback Determination SSD- 2014 -59 for a shoreline activity determination, Tax Map Key 2 -8- 020:041, Poipu, Kauai, for acceptance by the Commission = Po'ipu Palms AOAO, Applicant. 1. Director's Report pertaining to this matter. e. Shoreline Setback Commission Review SSCR- 2014 -24 and Shoreline Setback Determination SSD- 2014 -60 for a shoreline activity determination, Tax Map Key 2 -6- 011 -021: 041 and 2 -8 -021: 044 -068, Poipu, Kauai, for acceptance by the Commission =CIRI Land Development Company, Applicant. 1. Director's Report pertaining to this matter. H. EXECUTIVE SESSION (NONE) I. GENERAL BUSINESS MATTERS 1. Appointment of Member to Subdivision Committee 2. Approach to fruit stand regulation on agricultural lands (see related F.3.a.) 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) M. NEW BUSINESS 1. For Action — See Agenda F for Protect Descriptions 4/22/14 Planning Commission Agenda 3 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 Lhu'e Civic Center, Moikeha Building, Meeting Room 2A -2B, 4444 Rice Street, Llhu'e, Kauai, Hawai'i 96766 on Tuesday, May 13, 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. 4/22/14 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, April 22 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 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 -14 (LANCE & ANN AKAMA TRUST/ MICHAEL AKAMA & DAVID AKAMA) Proposed 2 -lot Boundary Adjustment TMK: (4) 3-6-010:049,051 L1hu`e, Kauai 4/22/14 Planning Commission Agenda 5 Tentative Subdivision Action (Cont'd) b. Subdivision Application No. S- 2014 -15 (CHARLES /CAROL NAGATA) Proposed 2 -lot Boundary Adjustment, TMK: (4) 2-3-016:052,053 Kalaheo, Kauai 2. Subdivision Extension Requests a. Subdivision Application No. S- 2011 -21 (KUKUIULA DEVELOPMENT CO. (HAWAII) LLC.) Proposed 40 -lot Subdivision TMK: (4) 2 -6- 019:022, 023, 024 Koloa, (Makai), Kauai b. Subdivision Application No. S- 2013 -09 (R3BST, LLC.) Proposed 12 -lot Subdivision TMK: (4) 4 -4- 006:002, 012, 013 Waip6uli, Kapa`a, 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, Lihu`e, Hawaii 96766. Telephone: (808) 241 -4050. 4/22/14 Planning Commission Agenda 6