The URL can be used to link to this page

Home My WebLink Aboutpc agenda 1-14-14EC KAUA'I PLANNING COMMISSION REGULAR MEETING '14 JAN-8 P4:22 Tuesday, January 14, 2014 CFF'ICE OF THE CQ;Ut"T'Ir- 9:00 a.m, or Soon Thereafter ��j�N I Lihu'e Civic Center, Moikeha Building Meeting Room 2A -2B 4444 Rice Street, Uhu'e, Kaua'i, Hawai'i AGENDA A. CALL TO ORDER BY CHAIR PRO TEM B. ROLL CALL C. SELECTION OF CHAIRPERSON AND VICE CHAIRPERSON .APPOINTMENT OF SUBDIVISION COMMITTEE CHAIRPERSON, VICE CHAIRPERSON AND COMMITTEE MEMBERS D. APPROVAL OF AGENDA E. MINUTES of the meetiny,(s) of the Planning Commission 1. Workshop of December 3, 2013 2. Regular Meeting of December 10, 2013 F. RECEIPT OF ITEMS FOR THE RECORD G. HEARINGS AND PUBLIC COMMENT Individuals may orally testify on items on ibis agenda during the Public Comment Period. Please call the PIanning 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 Hearin ¢ (NONE) G. HEARINGS AND PUBLIC COMMENT (Cont'd) 2. New Agenev Hearing a. Class IV Zoning Permit Z- IV- 2014 -7 and Use Permit U- 2014 -7 for construction of an affordable multi- family residential project on a parcel located in Princeville, situated along the makai side of Kuhi`o Highway and approx. 250 ft. east of its intersection with Hanalei Plantation Road, further identified as Tax Map Key 5 -4 -024: 020 and affecting a portion of a parcel containing 1.9.204 acres = Kolopua Partners, LP. [Director's Report received 12/10/13.] 3. Continued Public Hearing a. Adoption of administrative rules interpreting provisions of Chapter 8, Kauai County Code pertaining to the enforcement of Chapter 8, Article 17 (Single Family Transient Vacation Rentals) = County of Kauai, Planning Department. [Director's Report received and hearing continued 11/12/13.] 4. New Public Hearing (NONE) 5. All remaining public testimony pursuant to HRS 92 (Sunshine Law) H. CONSENT CALENDAR 1. Status Reports (NONE) 2. Director's Report(s) for Proiect(s) Scheduled for Agency Hearing on 1/28/14 (NONE) 3. Shoreline Setback Activity Determination a. Shoreline Setback Commission Review SSCR- 201448 and Shoreline Setback Determination SSD- 2014 -48 for a shoreline activity determination, Tax Map Key 2- 9- 001:002, Koloa, Kauai, for acceptance by the Commission = Kawailoa Development LLP, Applicant. 1. Director's Report pertaining to this matter. b. Shoreline Setback Commission Review SSCR - 2014 -19 and Shoreline Setback Determination SSD - 2014 -49 for a shoreline activity determination, Tax Map Key 2 -8- 017:009, Koloa, Kauai, for acceptance by the Commission = Kiahuna Plantation (Edward Wright), Applicant. 1. Director's Report pertaining to this matter. c. Shoreline Setback Commission Review SSCR - 2014 -20 and Shoreline Setback Determination SSD - 2014 -53 for a shoreline activity determination, Tax Map Key 2- 8- 017:007, Koloa, Kauai, for acceptance by the Commission. = Marriott's Waiohai Beach Club, Applicant. 1. Director's Report pertaining to this matter. 2 H. CONSENT CALENDAR (Cont' d) 3. Shoreline Setback Activity Determination (Coot' d) d. Shoreline Setback Commission Review SSCR - 2014 -45 and Shoreline Setback Determination SSD- 2014 -45 for a shoreline activity determination, Tax Map Key 4 -3- 007:011, Waipouli, Kauai, for acceptance by the Commission = GCT Properties, LLC (Mokihana Resort), Applicant. L Director's Report pertaining to this matter. e. Shoreline Setback Commission Review SSCR- 2014 -16 and Shoreline Setback Determination SSD - 2014 -16 for a shoreline activity determination, Tax Map Key .5 -4- 012:011, Princeville, Kauai, for acceptance by the Commission = Pu'u Poa Condominium (Marc Harris), Applicant. 1. Director's Report pertaining to this matter. f. Shoreline Setback Commission Review SSCR- 2014 -17 and Shoreline Setback Determination SSD - 2014 -47 for a shoreline activity determination, Tax Map Key 2 -8- 016:003, Koloa, Kauai, for acceptance by the Commission = SVO Pacific, Inc., Applicant. 1. Director's Report pertaining to this matter. I. EXECUTIVE SESSION 1. Pursuant to Hawai'i Revised Statutes Sections 92 -4 and 92- 5(a)(4), and Kaua'i County Charter Section 3.07(E), the Office of the County Attorney requests an executive session with the Commission to provide a briefing and discuss legal issues concerning the law of constitutional property rights concerning the nexus between police power and exactions. This briefing and consultation involves the consideration of the powers, duties, privileges, immunities and/or liabilities of the Commission and the County as they relate to this agenda item. .I. GENERAL BUSINESS MATTERS 1. Review and approval of the FY 2014 -2015 Six -year Capital Improvements Program 2. Request from the Director that the Commission create and appoint members to a Commission Task Group on Long Range Plans pursuant to Hawaii Revised Statutes Section 92 -2.5 and as a Select Committee pursuant to Chapter 2 of the Commission Rules . K. COMMUNICATION (For Action) (NONE) 3 L. COMMITTEE REPORTS 1. Subdivision Subdivision Action matters listed in the Subdivision Committee Agenda (attached). M. UNFINISHED BUSINESS (For Action) Class IV Zoning Permit Z- IV- 2014 -4 and Use Permit U- 2014 -4 to construct and operate a roadside f-uit stand within a parcel located along the makai side of Kuhi`o Highway, situated immediately across the Kauai Mini Golf facility in Kilauea, further identified as Tax Map Key 5 -2 -005: 023, and affecting a portion of a larger parcel containing 179.437 acres = Secret Beach Plantation, LLC. [Director's Report received 9/10/13, hearing continued 10/8/13.1 2. Class IV Zoning Permit Z-IV- 2014 -05 and Use Permit U- 2014 -05 to construct a farm dwelling with garage, lanai and pool on Lot 13 of the Seacliff Plantation Subdivision in Kilauea, fin-ther identified as Tax Map Key 5 -2 -004: 086 and containing a total area of approx. 5.082 acres =Kyle & Keate Barker. [Director's Report received 11/12/13, hearing closed and action deferred 12/10/13.] a. Supplemental No. 5 Director's Report pertaining to this matter. N. NEW BUSINESS 1. For Action —See A�ei)da G for Project Descriptions O. ANNOUNCEMENTS 1. Topics for Future Meetings 2. The following scheduled Planning Commission meeting will be held at 9:00 am., or shortly thereafter at the Lihu'e Civic Center, Moikeha Building, Meeting Room 2A- 2B, 4444 Rice Street, Liliu'e, Kauai, Hawaii 96766 on Tuesday, January 28, 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. 4 PLANNING COMMIS SION SUBDIVISION COMMITTEE MEETING Lihue Civic Center, Moikeha Building Meeting Room 2A -2B 4444 Rice Street, Lihue, Hawaii 96766 Tuesday, January 14, 2014, 8:30 A.M. AGENDA A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA D. MINUTES of the meetine(s) of the Subdivision Committee Meeting of December 10, 2013 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) Subdivision Extension Requests a. Subdivision Application No. S- 2006 -27 Grove Farm Properties Inc., Applicant Proposed 26 -lot Subdivision TMK: 3- 3- 003:041 (Por.) Uhu'e, Kauai 5 L Subdivision Extension Requests (Cont'd) b. Subdivision Application No. S- 2009 -13 Grove Farm Properties Inc., Applicant Proposed 99 -lot Subdivision, TMK: 3 -3- 003:041 (Por.) Lihu'e, Kauai c. Subdivision Application No. S- 2009 -14 Grove Farm Properties Inc., Applicant Proposed 20 -lot Subdivision, TMK: 3- 3- 003:041 (Por.) Uhu'e, Kauai d. Subdivision Application No. S- 2009 -15 Grove Farm Properties Inc., Applicant Proposed 109 -lot Subdivision, TMK: 3- 3- 003:041 (Por.) Lihu'e, Kauai e. Subdivision Application No. S- 2009 -21 Grove Farm Properties Inc, Applicant Proposed 20 -lot Subdivision; TMK: 3- 3- 003:041 (Por) Lihu'e, Kauai. 2. Final Subdivision Action a. Subdivision Application No. S- 2012 -20 Barbara Childers/Greg Holzman, Applicant Proposed 2 -lot Boundary Adjustment TMK: 1- 3- 005:080, 100 Kekaha, Kaua` i b. Subdivision Application No. S- 2013 -01 Michael M. & Barbara J.G. Castillo,. Applicant Proposed 2 -lot Subdivision TMK: 2 -3- 020 :109 Kalaheo, Ko1oa, Kauai I 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, Liihu`e, Hawaii 96766. Telephone: (808) 241-4050. 2