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Home My WebLink AboutPCMarch242015AgendaWEBKAUAI PLANNING COMMISSION REGULAR MEETING Tuesday, March 24, 2015 9:00 a.m. or Soon Thereafter Lfhu'e Civic Center, Moikeha Building Meeting Room 2A -2B 4444 Rice Street, Lihue, Kauai, Hawaii AGENDA A. CALL TO ORDER Be ROLL CALL Co APPROVAL OF AGENDA D. MINUTES of the meeting(s) 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 (NONE) 3. Continued Public Hearing (NONE) 4. New Public Hearing (NONE) 5. All _remaining public testimony pursuant to HRS 92 (Sunshine Law) G. H. I. J K. L. CONSENT CALENDAR 1. Status Reports (NONE) 2. Director's Report(s) for Project(s) Scheduled for Agency Hearing on 4/14/15. a. Class IV Zoning Permit Z- IV- 2015 -13, Use Permit U- 2015 -12, Special Permit SP- 2015 -3 to operate a resource recovery facility for green waste, construction & bulky materials, on a parcel situated along the mauka side of Kaumualii Highway in Kekaha, approx. 0.85 mile inland and 1 mile west of Kekaha Gardens Subdivision, further identified as Tax Map Key (4) 1 -2 -002: 008, and containing a land area of 12.34 acres = Shredco, LLC. 1. Director's Report pertaining to this matter. EXECUTIVE SESSION L Pursuant to Hawaii Revised Statutes Sections 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 privacy 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. GENERAL BUSINESS MATTERS L Michael A. Dahilig, in his official capacity, Planning Director of the County of Kauai's Petition for a Declaratory Order from the Planning Commission of the County of Kauai clarifying that "homestays" as defined by KCC section 8 -1.5 cannot be considered as "home businesses" also defined by KCC 8 -8.1.5 and furthermore that "homestays" are not a generally permitted use within the residential zoning districts R -1 through R -6 and/or R -10 through R -20 pursuant to KCC 8 -240 and that "homestays" require a use permit under KCC 8- 2.4(F)(19). COMMUNICATION (For Action) (NONE) COMMITTEE REPORTS 1. Subdivision Subdivision Action Agenda (attached). UNFINISHED BUSINESS (For Action) matters listed in the Subdivision Committee 1. Consideration to withdraw Class IV Zoning Permit Z -IV- 2007 -1, Use Permit U- 2007-1 and Special Permit SP- 2007 -1 due to lack of information to complete the application and applicant's lack of willingness to pursue the application = Kauai Springs, Inc. a. Director's Report pertaining to this matter. 2 M. NEW BUSINESS 1. For Action —See Agenda F for Proiect Descriptions 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 Lihue Civic Center, Moikeha Building, Meeting Room 2A- 2B, 4444 Rice Street, Lihue, Kauai, Hawai'i 96766 on Tuesday, April 14, 20150 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 3 A. Q C. D. E F. G. H. I. KAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING Lihue Civic Center, Moikeha Building Meeting Room 2A -213 4444 Rice Street, Lihue, Hawaii 96766 Tuesday, March 24, 20159 8:30 A.M. AGENDA CALL TO ORDER ROLL CALL APPROVAL OF AGENDA MINUTES of the meeting(s) of the Subdivision Committee (NONE) MMMMMM RECEIPT OF ITEMS FOR THE RECORD 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. GENERAL BUSINESS MATTERS UNFINISHED BUSINESS (NONE) NEW BUSINESS (For Action) 1. Tentative Subdivision Action (NONE) a. Subdivision Application No. S- 2015 -09 (George Tsukamoto, et. al.) Proposed 2 -lot Subdivision TMK: (4) 4 -6- 010:004 por., 005 por., 035, 036 Kapa`a Homesteads, Kauai 1. Subdivision Report pertaining to this matter. M I. NEW BUSINESS (For Action) (Cont'd) 1. Tentative Subdivision Action (Cont'd) b. Subdivision Application No. S- 2015 -10 (Kenneth C. Medeiros & Tim othyM. Medeiros) Proposed 2 -lot Subdivision TMK: (4) 2 -7- 005:015 `Oma`o, Koloa, Kauai 1. Subdivision Report pertaining to this matter. 2. Final Subdivision Action a. Subdivision Application No. S- 2011 -21 (Kukuiula Development Co. (Hawaii) LLC) Proposed 33 -lot Subdivision TMK: (4) 2 -6- 019:022, 023, 024 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, Uhu`e, Hawaii 96766. Telephone: (808) 241 -4050. 5 Pursuant to Section 8- 27.8(c) of the Kauai County Code (1987), as amended, the following shoreline setback determinations by the Director are disclosed for purposes of public notification. SHORELINE SETBACK DETERMINATIONS Application No. Name of Applicant(s) Property I.D. (Tax Map Key) Location SSD- 2015 -28 Point at Poipu 2 -8- 021:001 Po`ipu SSD- 2015 -29 Cafe Portofino 3 -5- 002:002 Nawiliwili SSD - 2015 -30 Clifferd Bentsen/Christensen Trust 2 -6- 007:005 Poipu 0