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HomeMy WebLinkAbout2014_0311 Planning Commission Regular meetingKAUA'I PLANNING COMMISSION REGULAR MEETING March 11, 2014 The regular meeting of the Planning Commission of the County of Kaua'i was called to order by Chair Kimura at 9:18 a.m., at the L-ihu`e Civic Center, Moikeha Building, in meeting room 2A -2B. The following Commissioners were present: Mr. Jan Kimura Mr. John Isobe Ms. Amy Mendonca Mr. Herman Texeira Mr. Hartwell Blake Ms. Angela Anderson Mr. Wayne Katayama The following staff members were present: Planning Department — Michael Dahilig, Leslie Takasaki; Office of Boards and Commissions — Cherisse Zaima; Deputy County Attorney Ian Jung Discussion of the meeting, in effect, ensued: CALL TO ORDER Chair Kimura called the meeting to order at 9:18 a.m. ROLL CALL Planning Director Michael Dahilig noted that there were seven Commissioners present. Due to time constraints, Mr. Dahilig requested the County Attorney bring the Commission into executive session on Item H.1. EXECUTIVE SESSION Pursuant to Hawai'i Revised Statutes Sections 92-4 and 92-5(a)(4), and Kauai County Charter Section 3.07(E), the Office of the County Attorney requests an executive session with the Planning Commission to provide a briefing and discuss legal issues concerning the Hawai'i Supreme Court's ruling in Kaua'i Springs, Inc. vs. Planning Commission of the County of Kaua'i, SCWC -29440 (2014). 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. On the motion by Herman Texeira and seconded by Amy Mendonca to enter into executive session, the motion carried by unanimous voice vote. RETURN TO OPEN SESSION (The meeting resumed in open session at 9:58 a.m.) (The meeting recessed at 9:59 a.m. to resume the Subdivision Committee meeting) (The meeting reconvened at 10:46 a.m.) APPROVAL OF THE AGENDA Mr. Dahilig suggested Item K. 1. be taken immediately before the executive sessions. On the motion by Herman Texeira and seconded by Amy Mendonca to approve the agenda as amended, the motion carried by unanimous voice vote. MINUTES of the meetina(s) of the Plannine Commission Meetings of February 11, 2014 and February 25, 2014 On the motion by Herman Texeira and seconded by Amy Mendonca to approve the minutes, the motion carried by unanimous voice vote. RECEIPT OF ITEMS FOR THE RECORD On the motion by Herman Texeira and seconded by Amy Mendonca to receive the items for the record, the motion carried by unanimous voice vote. HEARINGS AND PUBLIC COMMENT There were no hearings or public comment. CONSENT CALENDAR There were no consent calendar items. COMMITTEE REPORTS Subdivision Subdivision Committee Chair Hartwell Blake read the Subdivision report into the record. (On file) The following tentative subdivision action was approved 3 -0: S- 2014 -13 = Christopher White /Robert White, Proposed 2 -lot subdivision The following modification of requirement/condition action was deferred 3 -0: S- 2005 -24 = KVHPartners, Proposed 4 -lot subdivision On the motion by Amy Mendonca and seconded by Herman Tezeira to accept the Subdivision Committee report, the motion carried by unanimous voice vote. GENERAL BUSINESS MATTERS There were no general business matters. COMMUNICATIONS There were no communications. UNFINISHED BUSINESS There was no unfinished business. NEW BUSINESS There was no new business. ANNOUNCEMENTS 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 2A2B, 4444 Rice Street, Lihu'e, Kaua'i, Hawai'i 96766 on Tuesday, March 25, 2014. EXECUTIVE SESSION 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 Planning Commission to provide a briefing and discuss legal issues concerning the application, enforcement, and contested case hearing process regarding Kaua'i County Code Chapter 8, Article 17, specifically the sections enacted under Ordinance Nos. 864, 876 and 904. 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. (On going) No action taken on this item. Pursuant to Hawai'i Revised Statutes 92- 5(a)(2 and 4 ).the purpose of this executive session is to discuss matters pertaining to the evaluation of the Planning Director. This session pertains to the Planning Director's evaluation where consideration of matters affecting_nrivacy will be involved. Further, to consult with legal counsel regarding powers, duties, privileges and/or liabilities of the Planning Commission as it relates to the evaluation of the Planning Director. 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 Planning Commission to provide a briefing and discuss legal issues concerning State Land Use Agricultural District permissible uses and the enforcement of farm dwelling agreements and subordination agreements. This briefing and consultation involves the consideration of the cowers, duties, vrivileges, immunities and/or liabilities of the Plannine Commission and the CoRpty as they relate to this agenda item. On the motion by Herman Texeira and seconded by Angela Anderson to enter into executive session, and to adjourn the regular meeting upon conclusion of the executive sessions, the motion carried by unanimous voice vote. ADJOURNMENT Chair Kimura adjourned the meeting at 10:53 a.m. Respectfully submitted by: Cherisse Zaim Commission Support Clerk () Approved as circulated (add date of meeting approval). () Approved as amended. See minutes of meeting.