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Home My WebLink About8-26-14 Planning Commision Agenda web 2KAUA'I PLANNING COMMISSION REGULAR MEETING Tuesday, August 26, 2014 9:00 a.m. or Soon Thereafter Li1u'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. MINUTES of the meetings) of the Planning Commission (NONE) 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. Special Management Area Use Permit SMA(U)- 2015 -1 for development of a 10 -lot subdivision involving a parcel located along the Makai side of Pe'e Road in Poipu and immediately adjacent to The Point at Poipu resort facility, further identified as Tax Map Keys 2 -8 -021: 041, 044 through 068, and containing a total area of 13.078 acres = CIRI Land Development Company. 1. Director's Report pertaining to this matter. b. Class IV Zoning Permit Z -IV- 2014 -23, Use Permit U- 2014 -21 and Special Permit SP- 2014-1 to operate a farmer's market and conduct tours within a parcel located along the southern side of Kealia Road, situated approx. 1/4 mile mauka of its intersection with Kuhio Highway, further identified as Tax Map Key 4 -7 -008: 001 & 42, and affecting approx. 100 acres of a larger parcel = Kaua'i Taro Company, LLC. [Director's Report received 8/12/14.] F. HEARINGS AND PUBLIC COMMENT (Cont'd) 2. New Agency Hearing (Cont'd) c. Class IV Zoning Permit Z -IV- 2015 -1 and Use Permit U- 2015 -1 to allow establishment of a group child care center facility on a parcel located along the western side of Ohelo Road in Wailua Homesteads, situated at its intersection with Kuamoo Road, further identified as Tax Map Key 4 -2 -009: 018, and containing a total area of 10,007 sq. ft. _ Ke Kula Pono, LLC. [Director's Report received 8/12/14.] 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) G. CONSENT CALENDAR (NONE) H. EXECUTIVE SESSION I. GENERAL BUSINESS MATTERS 1. Contested Case No. 2013 -77 for Protest and Appeal re Notice and Imposition of Fine re Tax Map Key 4- 5- 8:008: 034, Alleged Special Management Area Notice of Violation, dated September 30, 2013, Notice of Breach of Contract & Objection to Malicious Prosecution, Request of Hearing by Klaus H. Burmeister, Esq. Contested Case No. 2013 -78 for Protest and Appeal re Notice and Imposition of Fine re Tax Map Key 4- 5- 8:008: 034, Alleged Special Management Area Notice of Violation, dated September 30, 2013, Notice of Breach of Contract & Objection to Malicious Prosecution, Request of Hearing by Klaus H. Burmeister, Esq. a. Letter (8/11/14) from Richard Nakamura, Esq. to Myles Hironaka, Planning Department advising that he recused himself as hearings officer and that a new hearings officer should be appointed in these matters. (For Action.) 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) 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). [Director's Report received 7/8/14, hearing deferred 7/22/14, hearing closed, action deferred 8/12/14.] 8/26/14 Planning Commission Agenda 2 M. NEW BUSINESS 1. For Action — See Amenda F for Proiect Descriptions a. Special Management Area Use Permit SMA(U)- 2015 -1 (Class III Zoning Permit Z -III- 2015-1; for information and concurrence) for development of a 10 -lot subdivision involving a parcel located along the Makai side of Pe' e Road in Poipu and immediately adjacent to The Point at Poipu resort facility, further identified as Tax Map Keys 2 -8- 021: 041, 044 through 068, and containing a total area of 13.078 acres = CIRI Land Development Company. N. ANNOUNCEMENTS 1. 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 -213, 4444 Rice Street, Lhu'e, Kaua'i, Hawai'i 96766 on Tuesday, September 23, 2014. CIS 1113 Ell i1 �►i►� I �i �l 11 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. 8/26/14 Planning Commission Agenda 3 KAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING Lihue Civic Center, Moikeha Building Meeting Room 2A -213 4444 Rice Street, Lihue, Hawaii 96766 Tuesday, August 26, 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- 2015 -03 (PILA `A 400, LL C. ) Proposed 2 -lot Boundary Adjustment TMK: (4) 5 -1- 004:008, 037 Pila`a, Hanalei, Kauai 1. Subdivision Report pertaining to this matter. 8/26/14 Planning Commission Agenda 4 2. Final Subdivision Action a. Subdivision Application No. S- 2012 -14 (WAIL UA RANCH, LL C) Proposed 3 -lot Subdivision TMK: (4) 4 -4- 008:005 North and South Olohena, Kawaihau, Kauai 1. Subdivision Report pertaining to this matter. b. Subdivision Application No. S- 2014 -10 (CHARLES G. KING TR UST/ MARY BEA P. KING TR UST) Proposed 2 -lot Consolidation TMK: (4) 2 -6- 016:047, 048 K61oa (Makai), K61oa, Kona, Kauai 1. Subdivision Report pertaining to this matter. 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. 8/26/14 Planning Commission Agenda 5