The URL can be used to link to this page

Home My WebLink About9-12-17 pc agendaKAUAI PLANNING CONMSSION REGULAR MEETING Tuesday, September 12, 2017 9:00:01 a.m. or Soon Thereafter Lihu'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 meetinE(s) of the Plannine Commission 1. Regular Meeting of July 25, 2017 2. Regular Meeting of August 8, 2017 3. Workshop of August 8, 2017 E. RECEIPT OF ITEMS FOR THE RECORD FECFIVED '17 SEP -6 P 4 :27 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 Heari n a. Class IV Zoning Permit Z -IV -2017-6 and Variance Permit V-2017-2 to deviate from the minimum lot size requirement within the Agriculture (A) zoning district, pursuant to Section 8-&3(b) of the Kauai County Code (1987) as amended, involving a parcel situated on the makai side of Kuhio Highway in Kilauea, approx. 600 ft. north of the Waiakalua Street/Kuhio Highway intersection and further identified as Tax Map Key (4) 5-1-005:132, and affecting a total area of 27,450 sq. ft. = Brian Lansing & David Camp. [Director's Report (DR) received 3/28/17, DR Sup 1 received, hearing deferred 4/11/17, DR Sup 2 received, hearing deferred 6/27/17.] 1. Supplemental No. 3 to Director's Report pertaining to this matter. F. HEARINGS AND PUBLIC COMMENT (Cont'd) 2. New Agency Hearing a. Special Management Area Use Permit 31viA(U)-2018-1 and Class IV Zoning Permit Z -IV -2018-1 for a development involving the construction of a one-story & two-story single-family residences, and a two-story residential duplex, and Variance Permit V-2018-1 to deviate from the land coverage requirement within the Residential (R-20) zoning district, located on properties along the makai side of Kuhio Highway in Waipouli identified as 879 & 883 Niulani Road, further known as Tax Map Keys: 4-3-009:043 & 44, and containing a total area of 18,125 sq. ft. = Masakatsu Katsura (YMM, LLC). [Director's Report received by Commission Clerk 8/22/17.] 1. Supplemental No. 1 to Director's Report pertaining to this matter. b. Special Management Area Use Permit SMA(U)-2018-2 to construct a single- family residence on a parcel situated at the intersection of Weke Road and Malolo Road in Hanalei Town, further identified as 4421 Malolo Road, Tax Map Key: 5-5-002:003, and containing a total land area of 33,084 sq. ft. = Scott Sloan Family Trust. 1. Director's Report pertaining to this matter. c. Special Management Area Use Permit SMA(U)-2018-3 for the construction of a public shared use path extending from Papaloa Road to the Uhelekawawa Canal, and associated improvements involving an existing parking lot and a new comfort station, and Shoreline Setback Variance Permit SSV -2018-1 to deviate from the shoreline setback requirement, involving several properties along the makai side of Kuhio Highway in Waipouli identified as Tax Map Keys: 4-3- 002:001, 012-016, 019, 020; 4-3-007:009, 011, 027, 028; 4-3-008:016, and containing a total area of approx. 2.14 acres = County of Kauai, Department of Public Works. 1. Director's Report pertaining to this matter. 2. Supplemental No. 1 to Director's Report. 3. Petition to Intervene by Wailua-Kapaa Neighborhood Association. d. Class IV Zoning Permit Z -IV -2017-15 and Use Permit U-2017-13 to allow construction of a swimming pool and pavilion on a parcel situated within the Seacliff Plantation Subdivision in Kilauea, located along the mauka side of Makanaano Place, further identified as 2183F Makanaano Place, Tax Map Key: 5-2-004:091, and affecting a portion of a larger parcel containing 5.204 acres = Robert Leonard [Director's Report received 7/11/17, hearing POSTPONED due to applicant's notification of abutting owners 7/25/17.] 1. Supplemental No. 1 to Director's Report pert aining to this matter 3. Continued Public Hearing 4. New Publi c Hearing 5. All remaining publi c testimony pursuant to HRS 92 (Sunshine Law) G. CONSENT CALENDAR 1. Status Reports Kauai Planning Commission Regular Meeting Agenda Page 2 September 12, 2017 G. CONSENT CALENDAR (Cont'd) 2. Director's Report(s) for Project(s) Scheduled for Agencv Hearing on 9/26/17 a. Special Permit SP -2018-2, Use Permit U-2018-1 and Class 1V Zoning Permit Z - IV -2018-1 to construct and operate a solar utility facility on a parcel located on the makai side of Koloa Road, approx. 600 ft. south east of the Koloa Road and Lawailoa Lane intersection, further identified as Tax Map Key (4) 2-6-003:001, and containing a project area of approx. 196.33 acres of a 1,062.291 acre parcel =AES Lawai Solar. 1. Director's Report pertaining to this matter. H. I. GENERAL BUSINESS MATTERS Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to the Forfeiture of Non -Conforming Use Certificate TVNCU#1166, Victor Meschures/PMD Hanalei LLC (Weke Road Estate), for Failure to Timely Renew, Tax Map Key (4)55002012, Hanalei, Kauai, received on August 25, 2017 via email, to a Hearings Officer (Contested Case Hearing No. CC - 2017 -5); Request for Delegation of Authority to the Clerk of the Commission to Procure and Appoint a Hearings Officer on Behalf of the Commission for the Instant Appeal. a. Letter (9/5/17) from Gregory W. Kugle, Esq., and Loren A. Seehase, Esq., re Amended Notice of Appeal and Demand for Contested Case Hearing from Cease & Desist, and Forfeiture of TVRNCU, and Denial of Non -Conforming Use Certificate Renewal Application. 2. Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to the Forfeiture of Non -Conforming Use Certificate TVNCU#1202, Earl Smith Trust/Anininina LLC (Hiolani at Haena), for Failure to Timely Renew, Tax Map Key (4)58008040, Haena, Kauai, received on August 25, 2017 via email, to a Hearings Officer (Contested Case Hearing No. CC -2017-6); Request for Delegation of Authority to the Clerk of the Commission to Procure and Appoint a Hearings Officer on Behalf of the Commission for the Instant Appeal. a. Letter (9/5/17) from Gregory W. Kugle, Esq:, and Loren A. Seehase, Esq., re Amended Notice of Appeal and Demand for Contested Case Hearing from Cease & Desist, and Forfeiture of TVRNCU, and Denial of Non -Conforming Use Certificate Renewal Application. 3. Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to the Forfeiture of Non -Conforming Use Certificate TVNCU#5089 (Hanalei Ilikea), Kauains, LLC, for Failure to Timely Renew, Tax Map Key (4)55001022, Hanalei, Kauai, received on August 28, 2017, to a Hearings Officer (Contested Case Hearing No. CC -2017-7); Request for Delegation of Authority to the Clerk of the Commission to Procure and Appoint a Hearings Officer on Behalf of the Commission for the Instant Appeal. a. Letter (9/5/17) from Gregory W. Kugle, Esq., and Loren A. Seehase, Esq., re Amended Notice of Appeal and Demand for Contested Case Hearing from Cease & Desist, and Forfeiture of TVRNCU, and Denial of Non -Conforming Use Certificate Renewal Application. Kauai Planning Commission Regular Meeting Agenda Page 3 September 12, 2017 L GENERAL BUSINESS MATTERS (Cont'd) 4. Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to the Forfeiture of Non -Conforming Use Certificate TVNCU#5090 (Hanalei Nalu), Kauains, LLC, for Failure to Timely Renew, Tax Map Key (4)55001023, Hanalei, Kauai, received on August 28, 2017, to a Hearings Officer (Contested Case Hearing No. CC -2017-8); Request for Delegation of Authority to the Clerk of the Commission to Procure and Appoint a Hearings Officer on Behalf of the Commission for the Instant Appeal. a. Letter (9/5/17) from Gregory W. Kugle, Esq., ad Loren A. Seehase, Esq., re Amended Notice of Appeal and Demand for Contested Case Hearing from Cease & Desist, and Forfeiture of TVRNCU, and Denial of Non -Conforming Use Certificate Renewal Application. Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to the Forfeiture of Non -Conforming Use Certificate TVNCU45091 (Hanalei Bay Hale), Kauains, LLC, for Failure to Timely Renew, Tax Map Key (4)55001024, Hanalei, Kauai, received on August 28, 2017, to a Hearings Officer (Contested Case Hearing No. CC -2017-9); Request for Delegation of Authority to the Clerk of the Commission to Procure and Appoint a Hearings Officer on Behalf of the Commission for the Instant Appeal. a. Letter (9/5/17) from Gregory W. Kugle, Esq., ad Loren A. Seehase, Esq., re Amended Notice of Appeal and Demand for Contested Case Hearing from Cease & Desist, and Forfeiture of TVRNCU, and Denial of Non -Conforming Use Certificate Renewal Application. 6. Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to the Forfeiture of Non -Conforming Use Certificate TVNCU#5035 (Mango Cottage), Boomerang, Ltd., Inc./Charles Paterson for Failure to Timely Renew, Tax Map Key (4)260070034, Koloa, Kauai, received on August 29, 2017, to a Hearings Officer (Contested Case Hearing No. CC -2017-10); Request for Delegation of Authority to the Clerk of the Commission to Procure and Appoint a Hearings Officer on Behalf of the Commission for the Instant Appeal. J. COMMUNICATION (For Action) 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 Aeenda F for Proiect Descriutions N. ANNOUNCEMENTS Topics for Future Meetings Kauai Planning Commission Regular Meeting Agenda Page 4 September 12, 2017 N. ANNOUNCEMENTS (Cont'd) 2. The following regularly 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, Hawaii 96766 on Tuesday, September 26, 2017. 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 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: 2414050. Kauai Planning Commission Regular Meeting Agenda Page S September 12, 2017 KAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING Lihu`e Civic Center, Mo`ikeha Building Meeting Room 2A -2B 4444 Rice Street, LYhu`e, Hawaii 96766 Tuesday, September 12, 2017, 8:30 A.M. AGENDA A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA D. MINUTES of the meetings) of the Subdivision Committee 1. Meeting of August 8, 2017 E. RECEH'T 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. (None) I. NEW BUSINESS (For Action) Tentative Subdivision Man Approval aI Subdivision Application No. S-2018-1 (MARTY HOFFMAN REVOCABLE LIVING TRUST) Proposed 2 -lot subdivision TMK:(4) 2-4-003:006 Kalaheo, Kauai Subdivision Report pertaining to this matt er. Kauai Planning Commission Regular Meeting Agenda Page 6 September 12, 2017 !I!•\ 171 M"*ALI 1 YI�Y Y NOTE: Special accommodations and sign language interpreters are available upon request Live (5) days prior to the meeting date, to the County Planning Department, 4444 Rice Street, Suite A473, LThu`e, Hawaii 96766. Telephone: (808) 241=4050. Kauai Planning Commission Regular Meeting Agenda Page 7 September 12, 2017 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. September 12, 2017 SHORELINE SETBACK DETERMINATIONS Application Name of Applicant(s) Property I.D. Location Reasons No. ' Tax Map Ke SSD -201840 French/Shaw 2-8-019:056 Po`ipu New Single Family Residence & After -the - Fact Renovations to Existing Residence SSD -2018-11 Pe'e Road Partners 2-8-020:030 Po`ipn New Single Family Residence & ADU SSD -2018-12 Pe'e Road Partners 2-8-020:058 Po`ipu New Single Family Residence & ADU SSD -2018-13 Michael Karratti 2-1-020:023 `Ele`ele Fence SSD -2018-14 CMKZ, LLC 2-1-003:040 `Ele`ele Tenant Improvement SSD -2018-15 Kawailoa Development 2-9-001:002 Po`ipu Interior LLP Renovation SSD -2018-16 Kauai Blue 2-8-016:003 Po`ipu Interior Renovation SSD -2018-17 Elizabeth Kendrick 5-2-010:014 Kalihiwai After -the - Fact Spa Kauai Planning Commission Regular Meeting Agenda Page8 September 12, 2017