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Home My WebLink About5-27-14 Planning Commision Agenda WEBKAUA'I PLANNING COMMISSION REGULAR MEETING Tuesday, May 27, 2014 9:00 a.m. or Soon Thereafter Li-hu'e Civic Center, Moikeha Building Meeting Room4442A -2B 4444 Rice Street, Li-hu'e, Kaua'i, Hawai'i AGENDA A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA D. MINUTES of the meetings) of the Planning Commission 1. Regular Meeting of May 13, 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 -12, Use Permit U- 2014 -11 and Variance Permit V- 2014-3 to allow installation and height variance for a 100 ft. high stealth monopine tower and associated equipment on a parcel situated in Lihu'e, immediately west of the Kaua'i Humane Society facility and along the mauka side of Kaumuali`i Highway, further identified as Tax Map Key 3 -4 -005: 018, affecting a 2,500 sq. ft. portion of a larger parcel approx. 25.42 acres in size = Verizon Wireless [Director's Report received 5/13/14. F. HEARINGS AND PUBLIC COMMENT (Cont'd) 3. Continued Public Hearing a. Zoning Amendment ZA- 2014 -6, Amendments to Chapter 8 of the Kaua'i County Code 1987, as amended, relating to the incorporation of non -zoned lands into the County of Kaua'i Agriculture Zoning District. These amendments identify lands not currently zoned by the County of Kaua'i and re- designate them within the Agriculture Zoning District= County of Kauai. [Hearing continued 3/25/14.] 4. New Public Hearing a. Zoning Amendment ZA- 2014 -7, Amendments to Chapter 8 of the Kauai County Code 1987, as amended, relating to Article 17 — Nonconforming Use Certificates for Single Family Vacation Rentals. This amendment proposes to increase annual renewal fees from five hundred dollars ($500.00) to seven - hundred fifty dollars ($750.00) which shall be deposited into the County General Fund = County of Kauai. 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 2. Director's Report(s) for Project(s) Scheduled for Agency Hearing on 6/10/14 a. Class IV Zoning Permit Z -IV- 2014 -13 and Use Permit U- 2014 -12 to allow establishment of a group child care center facility on parcels located along the mauka side of Oka Road in Kilauea Town, situated approx. 150 ft. north of the Oka Road/Momi Street intersection, further identified as Tax Map Keys (4) 5 -2 -014: 021 & 5 -2 -015: 079, and containing a total area of approx. 18,469 sq. ft. = Patricia & Gabriel Padilla. 1. Director's Report pertaining to this matter. b. Class IV Zoning Permit Z -IV- 2014 -14 and Use Permit U- 2014 -13 to convert existing residence into a commercial operation for shipping, printing and storage services, on a parcel located along the makai side of Kuhio Highway in Kapaa Town, situated approx. 100 ft. north of the Panihi Road/Kuhio Highway intersection, further identified as Tax Map Key (4) 4 -5 -003: 016, and containing a total area of approx. 11,250 sq. ft. = John & Catherine Gillen. 1. Director's Report pertaining to this matter. c. Class IV Zoning Permit Z -IV- 2014 -15 and Use Permit U- 2014 -14 for a development containing a mixture of commercial use and multi - family residential units, on a parcel located along the western side of Poipu Road in Koloa, situated just north of the Koloa Estates Residential Subdivision and approx. 850 ft. from its intersection with Lopaka Paipa Boulevard, further identified as Tax Map Key (4) 2 -6 -004: 032, and containing a total area of approx. 63,815 sq. ft. = Gwendolyn A. Mocksing, et al. 1. Director's Report pertaining to this matter. 5/27/14 Planning Commission Agenda 2 G. CONSENT CALENDAR (Cont'd) 3. Shoreline Setback Activity Determination a. Shoreline Setback Commission Review SSCR- 2014 -25 and Shoreline Setback Determination SSD- 2014 -62 for a shoreline activity determination, Tax Map Key 5 -3- 012:011 Princeville, Kauai, for acceptance by the Commission = Tatyana Khein, Applicant. 1. Director's Report pertaining to this matter. H. EXECUTIVE SESSION 1. Pursuant to Hawai'i Revised Statutes Sections 92 -4, 92- 5(a)(4) and (8), 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 regarding legal issues related to the Telecommunications Act of 1996 and federal preemption. 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. I. GENERAL BUSINESS MATTERS Appointment of alternate member to the Subdivision Committee. 2. Petition to Appeal the Decision of the Planning Director by Jonathan J. Chun, Esq., representing William and Margaret Hosmer concerning the non - issuance of Transient Vacation Rental Certificate TVNC -4120 (TMK No. 49004008) filed on 4/15/14 (Contested Case No. CC- 2014 -2). a. Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to Transient Vacation Rental Certificate TVNC -4120 Hosmer, TMK Number 49004008 filed on 4/15/14 to a Hearings Officer (Contested Case Hearing No. CC- 2014 -2). Request for Delegation of Authority to the Clerk of the Commission to Procure and Appoint a Hearings Officer on Behalf of the Commission for the Instant Appeal. 3. Petition to Appeal the Decision of the Planning Director by Ed Ben -Dor Concerning Illegal Transient Vacation Rental (TMK No. 55010032) filed on 9/11/13 (Contested Case No. CC- 2013-75). a. Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to an Illegal Transient Vacation Rental for Ben -Dor, TMK Number 55010032 filed on 9/11/13 to a Hearings Officer (Contested Case Hearing No. CC- 2013 -75) Request for Delegation of Authority to the Clerk of the Commission to Procure and Appoint a Hearings Officer on Behalf of the Commission for the Instant Appeal. J. COMMUNICATION (For Action) (NONE) 5/27/14 Planning Commission Agenda 3 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 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 Lihu'e Civic Center, Moikeha Building, Meeting Room 2A -2B, 4444 Rice Street, Llhu'e, Kauai, Hawai'i 96766 on Tuesday, June 10, 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. 5/27/14 Planning Commission Agenda 4 KAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING Lihue Civic Center, Moikeha Building Meeting Room 2A -213 4444 Rice Street, Lihue, Hawaii 96766 Tuesday, May 27, 2014, 8:30 A.M. AGENDA A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA D. MINUTES of the meetins!(s) of the Subdivision Committee 1. Meeting of April 8, 2014 2. Meeting of April 22, 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 Tentative Subdivision Action a. Subdivision Application No. S- 2014 -02 (HG Kauai Joint Ventures, LLC.) Proposed 6 -lot Subdivision TMK: (4) 4 -3- 003:001 Kapa`a, Kauai [Subdivision Report received 9/10/13] 1. Subdivision Report Supplemental #1 pertaining to this matter. 5/27/14 Planning Commission Agenda 5 I. NEW BUSINESS (For Action) Tentative Subdivision Action a. Subdivision Application No. 5- 2014 -16 (Sensuke & Chiyo Ueunten) Proposed 5 -lot Subdivision TMK: (4) 2 -3- 020:020 Kalaheo, K61oa, Kauai 1. Subdivision Report pertaining to this matter. b. Subdivision Application No. S- 2014 -17 (State of Hawai'i) Proposed 2 -lot Subdivision TMK: (4) 3 -6- 005:011 Kalapaki, Lihu'e, Kauai 1. Subdivision Report pertaining to this matter. 2. Subdivision Extension Requests a. Subdivision Application No. S- 2006 -12 (Visionary LLC. dba Lihu ❑e Land Company) Proposed 5 -lot Subdivision TMK: (4) 3 -7- 003:020 Hanama'ulu, Lihu'e, Kauai 1. Evaluation & Recommendation pertaining to this matter. 2. Letter (5/9/14) from Clyde K. Kodani, requesting postponement of 5/13/14 Subdivision Agenda Items No. I.2.a. and I.2.b. to a later date for 5- 2006 -12 and 5- 2006 -24. b. Subdivision Application No. 5- 2006 -24 (D.R. Horton/Schuler Homes) Proposed 115 -lot Subdivision TMK: (4) 3 -7- 003:020 Hanama'ulu, Lihu'e, Kauai 1. Evaluation & Recommendation pertaining to this matter. 2. Letter (5/9/14) from Clyde K. Kodani, requesting postponement of 5/13/14 Subdivision Agenda Items No. I.2.a. and I.2.b. to a later date for 5- 2006 -12 and 5- 2006 -24. 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. 5/27/14 Planning Commission Agenda 6