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Home My WebLink About9-23-14 Planning Commision Agenda webKAUAI PLANNING COMMISSION REGULAR MEETING Tuesday, September 23, 2014 9:00 a.m. or Soon Thereafter Li-hu'e Civic Center, Moikeha Building Meeting Room 2A -2B 4444 Rice Street, Lihue, Kauai, Hawai'i AGENDA A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA D. MINUTES of the meetings) of the Planning Commission 1. Meeting of August 12, 2014 2. Meeting of August 26, 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 1. Class IV Zoning Permit Z -IV- 2015 -2 and Use Permit U- 2015 -2 for the proposed addition and renovation of the existing Baird's Hall, located on the Waimea Church of Christ property in Waimea, along the mauka side of Kaumualii Highway and approx. 750 ft. north of the Tsuchiya Road /Makeke Road intersection, further identified as Tax Map Key 1 -6 -010: 006, and containing a total area of 2.62 acres = Waimea United Church of Christ. 1. Director's Report pertaining to this matter. F. HEARINGS AND PUBLIC COMMENT (Cont'd) 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 a. 2014 Annual Status Report (7/7/14) from Milton Arakawa, Wilson Okamoto Corporation, for Special Management Area Use Permit SMA(U)- 2005 -8, Project Development Use Permit PDU- 2005 -26, Use Permit U- 2005 -25 and Class IV Zoning Permit Z -IV- 2005 -30, Tax Map Keys 3 -5 -001: 027 (Por.), 168, 169, 171 (Por.), 175 and 176, Lihue, Kauai = Kauai Lagoons LLC & MORI Golf (Kauai) LLC. 1. Director's Report pertaining to this matter. 2. Director's Report(s) for Proiect(s) Scheduled for Agency Hearing on 10/14/14. a. Special Management Area Use Permit SMA(U)- 2015 -2, Class IV Zoning Permit Z -IV- 2015-3 and Use Permit U- 2015 -3 to allow conversion of an existing residence into a bed and breakfast operation on a parcel located along the mauka side of Weke Road in Hanalei Town, situated at its intersection with Pilikoa Street, further identified as Tax Map Key 5 -5 -010: 032 and containing a total area of 7,568 sq. ft. = Ed Ben -Dor and Joan Ben -Dor. 1. Director's Report pertaining to this matter. 3. Shoreline Setback Activity Determination a. Shoreline Setback Commission Review SSCR- 2015 -02 and Shoreline Setback Determination SSD- 2015 -05 for a shoreline activity determination, Tax Map Key 2 -8- 017: 007, Poipu, Kauai, for acceptance by the Commission = Marriott Waiohai Beach Club (Hogger). 1. Director's Report pertaining to this matter. H. EXECUTIVE SESSION Pursuant to Hawaii Revised Statutes Sections 92 -4 and 92- 5(a)(4), and Kauai County Charter 3.07(E), the Office of the County Attorney requests an executive session with the Planning Commission to discuss a proposed Stipulated Order regarding a contested case hearing on Special Permits SP- 2012 -30 and SP- 2012 -31 to permit the use of existing single family residences for Transient Vacation Rentals purposes as permitted by County of Kauai Ordinance No. 904, in Moloaa, Kauai, approx. 800 ft. east of the Moloaa Road and Kunono Road intersection, further identified as Tax Map Key 4 -9 -14: 7, with an overall parcel size of .82 acres = William J. Campbell dba 6610 Kunono Road LLC. This briefing and consultation involves the consideration of the powers, duties, privileges, immunities, and/or liabilities of the Planning Commission as they relate to this agenda item. 9/23/14 Planning Commission Agenda 2 I. GENERAL BUSINESS MATTERS 1. Request to extend Use Permit U- 2006 -28, Special Permit SP- 2006 -2 and Class IV Zoning Permit Z -IV- 2006 -31 to establish a helicopter landing facility and conduct botanical tours at the subject site = Keith Robinson. a. Director's Report pertaining to this matter. 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) Special Permits SP- 2013 -30 and SP- 2013 -31 to permit the use of existing single family residences for Transient Vacation Rentals purposes as permitted by County of Kauai Ordinance No. 904, in Moloaa, Kauai, approx. 800 ft. east of the Moloaa Road and Kunono Road intersection, further identified as Tax Map Key 4 -9 -14: 7, with an overall parcel size of .82 acres = William J. Campbell dba 6610 Kunono Road LLC. a. Applicant's letter, dated June 9, 2014, regarding proposed Stipulated Order. 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 Lihue Civic Center, Moikeha Building, Meeting Room 2A -2B, 4444 Rice Street, Lihue, Kauai, Hawai'i 96766 on Tuesday, October 14, 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. 9/23/14 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, September 23, 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 August 12, 2014 2. Meeting of August 26, 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 1. Petition for Revocation of Final Subdivision Approvals for Kahuaina Plantation Subdivision Phase I (S- 2007 -02) and Kahuaina Plantation II Subdivision (S- 2009 -16). This matter concerns the consolidated petition to rescind S- 2007 -02 (TMKs) (4) 5 -1- 003:006, 009, 010, 011, 013, 017, 018, and 022 through 029 and S- 2009 -16 (TMKs) (4) 5 -1- 003:006, 010 and 029. a. Stipulation between Kahuaina Holdings LLC and the Planning Department of the County of Kauai Relative to the Recision of Final Subdivision Approvals for S- 2007 -02 and S- 2009 -16. H. UNFINISHED BUSINESS 9/23/14 Planning Commission Agenda 4 I. NEW BUSINESS (For Action) 1. Tentative Subdivision Action a. Subdivision Application No. 5- 2015 -01 (Waioli Surf Shack Holdings, LLC. Owner • Charles Frederick Taylor) Proposed 2 -lot Consolidation TMK: (4) 5 -5- 005:010, 011 Waioli, Hanalei, Kauai 1. Subdivision Report pertaining to this matter. 2. Subdivision Extension Requests a. Subdivision Application No. 5- 2013 -10 (Sue Ann Takata, Kenji Yamashiro, Renee Yamashiro, Clayton Yamashiro) Proposed 2 -lot Boundary Adjustment TMK: (4) 4 -6- 004:020, 021, 022 Kapa'a Homesteads, Kauai 1. Evaluation & Recommendation pertaining to this matter. b. Subdivision Application No. 5- 2013 -23 (Roy Morita, Marvin Morita, Beverly Morita) Proposed 8 -lot Subdivision TMK: (4) 4 -6- 006:017, 019, 020 Kapa`a, Kawaihau, Kauai 1. Evaluation & Recommendation pertaining to this matter. 2. Agriculture Master Plan pertaining to this matter. 3. Final Subdivision Action a. Subdivision Application No. 5- 2014 -11 (Steel Bridge Estates Condo /Clayton G.K. Oshita) Proposed 2 -lot Boundary Adjustment TMK: (4) 4 -2- 006:118, 119 Wailua Homesteads, Kawaihau, 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. 9/23/14 Planning Commission Agenda 5