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Home My WebLink About7-8-14 Planning Commision AgendaKAUA'I PLANNING COMMISSION REGULAR MEETING Tuesday, July 8, 2014 9:00 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 A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA D. SPECIAL ORDER OF THE DAY Class IV Zoning Permit Z- IV- 2014 -18 and Variance Permit V- 2014 -4 to deviate from the requirement noted in Section 8- 9.2(c)l of the Kaua'i County Code (1987) relating to the minimum lot size within the Open (0) zoning district, involving a 2 -lot subdivision of a parcel located in Moloa'a, along the makai side of Kuono Road and approx. 500 ft. east of its intersection with Moloa'a Road, further identified as Tax Map Keys 4 -9 -014 006 & 4 -9- 009: 002, and containing a total area of 47.899 acres = Moloa'a Bay Co., LLC/Campbell- Murphy Investments, LLC. [Motion to approve: 3 -3 vote, 6/24/14.] E. MINUTES of the meetings) of the Planning Commission (NONE) F. RECEIPT OF ITEMS FOR THE RECORD G. 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) G. HEARINGS AND PUBLIC COMMENT (Cont'd) 2. New Agency Hearing a. Class IV Zoning Permit Z -IV- 2014 -20 and Use Permit U- 2014 -18 to construct and operate a roadside fruit stand within a parcel located along Hanalei Plantation Road, situated approx. '/4 -mile east of its intersection with Lei O Papa Road in Princeville, further identified as Tax Map Key 5 -4 -004: 054, and affecting a portion of a larger parcel containing 5.058 acres= Ed Ben -Dor. [Director's Report received 6/24/14.] 1. Supplemental No. 1 Director's Report pertaining to this matter. b. Class IV Zoning Permit Z -IV- 2014 -21 and Use Permit U- 2014 -19 to construct a farm dwelling with garage, lanai, and associated improvements on Lot 12 of the Seacliff Plantation Subdivision in Kilauea, further identified as Tax Map Key 5 -2 -004: 085, and containing a total area of approx. 5.259 acres = David Wilmot & Olivia Collings - Wilmot. [Director's Report received 6/24/14.] 1. Supplemental No. 1 Director's Report pertaining to this matter. 3. Continued Public Hearing (NONE) 4. New Public Hearing (NONE) 5. All remaining public testimony pursuant to HRS 92 (Sunshine Law) H. CONSENT CALENDAR 1. Status Reports a. 2014 Annual Status Report (5/2/14) from Lorna Nishimitsu, Esq., for Project Development Use Permit PDU- 2008 -11, Class IV Zoning Permit Z -IV- 2008 -12, and Use Permit U- 2008 -10, involving the development of a 34 -unit multi - family residential condominium project and commercial complex containing approx. 45,000 sq. ft. of commercial retail and office space, Tax Map Key 2 -8 -002: 001, K61oa, Kaua'i = SREI Koloa LL C, (formerly Village at Koloa Town, LL C.) 1. Director's Report pertaining to this matter. 2. Director's Report(s) for Proiect(s) Scheduled for Agency Hearing on 7/22/14 a. Class IV Zoning Permit Z -IV- 2014 -22 and Use Permit U- 2014 -20 for the installation of a 70 feet high stealth monopine tower and associated equipment on a parcel situated in Lawai, situated along the mauka side of Koloa Road, approx. 700 ft. east of its intersection with Mana Hema Place, further identified as Tax Map Key (4) 2 -7 -003: 021, and affecting a 1,000 sq. ft. portion of a larger parcel approx. 4.863 acres in size = New Cingular Wireless PCS (dba A T & T). 1. Director's Report pertaining to this matter. b. 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. 7/8/14 Planning Commission Agenda 2 H. CONSENT CALENDAR (Cont'd) 2. Director's Report(s) for Project(s) Scheduled for Agency Hearing on 7/22/14 (Cont'd) c. 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 Kaua'i, Department of Planning. 1. Director's Report pertaining to this matter. 3. Shoreline Setback Activity Determination a. Shoreline Setback Commission Review SSCR- 2014 -26 and Shoreline Setback Determination SSD- 2014 -65 for a shoreline activity determination, Tax Map Key 4 -3- 002: 012, Waipouli, Kaua'i, for acceptance by the Commission = Coconut Coast Partners, LP. 1. Director's Report pertaining to this matter. b. Shoreline Setback Commission Review SSCR- 2014 -27 and Shoreline Setback Determination SSD- 2014 -70 for a shoreline activity determination, Tax Map Key 2 -8- 019: 019 Unit A, Poipu, Kaua'i, for acceptance by the Commission = Searock Properties CA, LLC. 1. Director's Report pertaining to this matter. c. Shoreline Setback Commission Review SSCR- 2014 -28 and Shoreline Setback Determination SSD- 2014 -75 for a shoreline activity determination, Tax Map Key 2 -9- 001: 002, Koloa, Kaua'i, for acceptance by the Commission = Kawailoa Development LLP. 1. Director's Report pertaining to this matter. I. EXECUTIVE SESSION J. 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. Request (4/9/14) for a time extension to complete construction of an Additional Dwelling Unit (ADU) in Wainiha regarding Special Management Area Use Permit SMA(U)- 2008 -15, Wainiha, Kaua'i = Daniel & Linda DeRohan. a. Director's Report pertaining to this matter. 3. Special Management Area Minor Permit SMA(M)- 2013 -22 to accommodate commercial tour boat loading and unloading activities at Black Pot Beach Park in Hanalei (pursuant to the "Peddlers and Concessionaires" ordinance), situated at the northern terminus of Weke Road, further identified as Tax Map Keys 5 -5 -001: 004 & 011, and containing a total land area of 6.19 acres = County of Kauai, Department of Parks and Recreation. a. Commission action to appoint Commissioner Angela Anderson to serve as Hearings Officer and conduct the contested case hearing on behalf of the Commission and provide a recommended Findings of Fact, Conclusions of Law and Decision and Order for Commission entertainment. 7/8/14 Planning Commission Agenda 3 K. COMMUNICATION (For Action) (NONE) L. COMMITTEE REPORTS 1. Subdivision Subdivision Action matters listed in the Subdivision Committee Agenda (attached). M. UNFINISHED BUSINESS (For Action) (NONE) N. NEW BUSINESS 1. For Action — See Agenda G for Proiect Descriptions O. 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, Kaua'i, Hawai'i 96766 on Tuesday, August 12, 2014. P. 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. 7/8/14 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, July 8, 2014, 8:30 A.M. AGENDA A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA D. MINUTES of the meeting(s) 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 -21 (Valerie Ventura /Ronald Magrin) Proposed 2 -lot Boundary Adjustment TMK: (4) 2 -6- 001:020, 021 Lawa`i, Koloa, Kauai 1. Subdivision Report pertaining to this matter. 7/8/14 Planning Commission Agenda 5 I. NEW BUSINESS (For Action) Continued 2. Subdivision Extension Requests a. Subdivision Application No. S- 2011 -20 (Kukui`ula Development Co. (Hawai`i) LL C) Proposed 6 -lot Subdivision TMK: (4) 2- 6- 019:026, 029 K61oa (Makai), K61oa, Kauai 1. Evaluation & Recommendation pertaining to this matter. 2. Letter (3/28/14) from Dave Hutchinson, requesting extension of this subdivision and providing an Updated Status Report. 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. 7/8/14 Planning Commission Agenda 6