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Home My WebLink AboutNovember22,2016PCAgendaWEBKAUAI PLANNING COMMISSION REGULAR MEETING Tuesday, November 22, 2016 9:00 a.m. or Soon Thereafter LiffiWe 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 1. Regular Meeting of October 25, 2016 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 a. Special Management Area Use Permit SMA(U)- 2016 -6 to construct a farm dwelling unit (FDU), garage, agriculture accessory buildings and associated improvements on a parcel located at the terminus of Anini Vista Road in Anini, approx. 900 north of its intersection with Kuhio Highway and further identified as 3471 Anim Road, Tax Map Key 5 -3- 009:003, CPR Unit 2, affecting a portion of a larger parcel containing a total land area of 12.073 acres = Area K, LLC. [Director's Report received and hearing cont'd 7/26/16, cont'd 8/23/16, cont'd 10/25/16.] 1. Supplemental No. 1 Director's Report pertaining to this matter. 2. Supplemental No. 2 to Application from Max W. J. Graham, Jr., and Ian K. Jung, Esq., Attorneys for Applicant. Fe HEARINGS AND PUBLIC COMMENT (Continued) 2. New Agency Hearing (NONE) 3. Continued Public Hearing (NONE) 4. New Public Hearing a. Zoning Amendment ZA- 2017 -1: To amend portions of PM -94 -82 relating to Condition No. 7 concerning affordable housing. 1. Director's Report pertaining to this matter. 2. Agency Comment from County of Kauai, Department of Water (11/10/16). G. CONSENT CALENDAR 1. Status Reports (NONE) 2. Director's Report(s) for Project(s) Scheduled for Agency Hearing on 12/13/16, a. Class IV Zoning Permit Z -IV- 2017 -1 and Use Permit U- 2017 -1 to allow conversion of an existing structure into a cafeteria facility that is associated with a school on a parcel situated on the mauka side of Kekaha Road, immediately across and northeast of its intersection with Kala Road, further identified as 8315 Kekaha Road, Tax Map Key: (4) 1 -3- 009:001, and containing a total area of 1.943 acres = Kanaka Aupuni a Niihau Aloha. 1. Director's Report pertaining to this matter. H. EXECUTIVE SESSION 1. Pursuant to Hawaii Revised Statutes Sections 92 -4 and 92- 5(a)(4), the purpose of this executive session is to consult with County's legal counsel on questions, issues, status and procedural matters. This consultation involves consideration of the powers, duties, privileges, immunities, and/or liabilities of the Commission and the County as they relate to Civil No. 12 -0065 SOM -KSC, US District Court Hawaii, Special Management Area Use Permit SMA(U)- 2006 -4, Project Development Use Permit P.D. U- 2006 -6 and Class IV Zoning Permit Z -IV- 2006 -9, Tax Map Keys 4 -3- 2:15, 16 and 20, Waipouli, Kauai = Coconut Beach Development, LL C. 2. Pursuant to Hawaii Revised Statutes Sections 92 -4 and 92- 5(a)(4), the purpose of this executive session for the Planning Commission is to consult with the County's legal counsel on questions relating to Theodore K. Blake v. Planning Commission of the County of Kauai, et al.,, Civil No. 09 -1 -0069. This consultation involves consideration of the Commission's powers, duties, privileges, immunities, and /or liabilities with regard to this agenda item. I. GENERAL BUSINESS MATTERS 1. Presentation on the status of the TIGER Grant Update, 2. Presentation on the status of the General Plan Update. 3. Update on Zoning Amendment ZA- 2016 -6: A Bill for an Ordinance amending Chapter 8, Kauai County Code 1987, as amended, relating to Section 8 -2.4 entitled "Uses in Districts" = County of Kauai, Council. Kauai Planning Commission Regular Meeting Agenda Page 2 November 22, 2016 I. GENERAL BUSINESS MATTERS (Cont'd) 4. Civil No. 12 -0065 SOM -KSC, US District Court Hawaii, Special Management Area Use Permit SMA(U)- 2006 -4, Project Development Use Permit P.D. U- 2006 -6 and Class IV Zoning Permit Z -IV- 2006 -9, Tax Map Keys 4 -3 -2:15, 16 and 20, Waipouli, Kauai = Cocon u t B each Developm en t, LL C. a. Proposed stipulated amended terms of final judgment pertaining to Civil No. 12- 0065 SOM -KSC, US District Court Hawaii. (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) M. NEW BUSINESS 1. For Action —See Agenda F for Protect 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- 213, 4444 Rice Street, Lihue, Kauai, Hawai'i 96766 on Tuesday, December 13, 2016. ,l 11111" It_\_d I _ 049N _I 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 924. 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. Kauai Planning Commission Regular Meeting Agenda Page 3 November 22, 2016 Pursuant to Section 8 -27.8 (6) of the Kauai County Code (1987), as amended, the following shoreline setback determinations by the Director are disclosed for purposes of public notification. November 22, 2016 SHORELINE SETBACK DETERMINATIONS Application Name of Applicant(s) Property I.D. Location Reasons No. (Tax Map Key) SSD- 2017 -19 Kaha Lani 3 -9- 006:004 Kapaa Repair Condominium AOAO stairway landings SSD- 2017 -20 Princeville 5 -3- 006:025 Anini Reroof Development /Bob residence Kutkowski SSD- 2017 -21 Cecile Gady 4 -5- 003:023 Kapaa After -the -Fact deck w /roof addition and storage shed SSD- 2017 -22 Princeville 5 -3- 006:025 Anini New concrete Development /Kevin driveway Palk Kauai Planning Commission Regular Meeting Agenda Page 4 November 22, 2016 KAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING Lihu`e Civic Center, Mo`ikeha Building Meeting Room 2A -213 4444 Rice Street, Lihu`e, Hawaii 96766 Tuesday, November 22, 2016, 8:30 A.M. AGENDA A. CALL TO ORDER Be ROLL CALL Co APPROVAL OF AGENDA D. MINUTES of the meeting(s) of the Subdivision Committee 1. Meeting of October 25, 2016 E. RECEIPT OF ITEMS FOR THE RECORD (None) 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 (None) H. UNFINISHED BUSINESS (None) L NEW BUSINESS (For Action) 1. Tentative Subdivision Approval a. Subdivision Application No (GROVE FARM, INC) Proposed 2- lot subdivision TMK: (4) 3 -8 -02:01 & por. Lihue, Kauai S- 2017 -3 02,(4) 3 -8 -03:01 1. Subdivision Report pertaining to this matter. Kauai Planning Commission Regular Meeting Agenda November 22, 2016 Page 5 I. NEW BUSINESS (For Action) (Cont'd) 1. Subdivision Extension Request a. Subdivision Application No. 5- 2011 -20 (KUKUI'ULA DEVELOPMENT CO LLC) Proposed 6- lot Subdivision TMK: (4) 2 -6- 019:026 & 029 Koloa, 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 Kauai Planning Commission Regular Meeting Agenda Page 6 November 22, 2016