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HomeMy WebLinkAboutPlanning 101017 MinutesKAUAI PLANNING COMMISSION REGULAR MEETING October 10, 2017 The regular meeting of the Planning Commission of the County of Kaua'i was called to order by Chair Keawe at 9:07 a.m., at the L-ihu'e Civic Center, Mo'ikeha Building, in meeting room 2A - 2B. The following Commissioners were present: Chair Kimo Keawe Ms. Donna Apisa Mr. Wade Lord Mr. Sean Mahoney Absent and Excused: Vice Chair Roy Ho Ms. Kanoe Almna Ms. Glenda Nogami Streufert The following staff members were present: Planning Department — Director Michael Dahilig, Leslie Takasaki; Office of the County Attorney — Deputy County Attorney Jodi Higuchi Sayegusa; Office of Boards and Commissions — Commission Support Clerk Darcie Agaran Discussion of the meeting, in effect, ensued: lay -A I N KI Chair Keawe called the meeting to order at 9:07 a.m. ROLL CALL Planning Director Michael Dahilig: Commissioner Lord. Mr. Lord: Here. Mr. Dahilig- Commissioner Streufert. Commissioner Mahoney. Mr. Mahoney: Here. Mr. Dahilig: Commissioner Apisa. Ms. Apisa: Here. Mr. Dahilig: Commissioner Ho. Commissioner Ahuna. Chair Keawe. 1 Chair Keawe: Here. Mr. Dahilig: Mr. Chair, you have four (4) members present this morning. APPROVAL OF AGENDA Mr. Dahilig: The Department would recommend — under Item C, Approval of Agenda — to take the agenda as is this morning. Chair Keawe: I will entertain a motion to approve the agenda. Ms. Apisa: So approve. Mr. Mahoney: Second. Chair Keawe: Moved and seconded to approve the agenda. All those in favor? (Unanimous voice vote) Any opposed? (None) Motion carries 4:0. Thank you. Mr. Dahilig: Thank you, Mr. Chair. MINUTES of the meeting(s) of the Planning Commission Regular Meeting of September 12, 2017 Contested Case Calendar of September 12, 2017 Special Meeting of September 26, 2017 re Special Permit SP -2018-1, Use Permit U- 2018-1, and Class IV Zoning Permit Z -IV -2018-2 = AES Ldwa `i Solar Mr. DahiU& We are on Item D. These are the Minutes of the Planning Commission. We have three (3) items for approval this morning; regular meeting minutes of September 12, 2017, contested case calendar of September 12, 2017, and special meeting of September 26, 2017 regarding Special Permit SP -2018-1, Use Permit U-2018-1, and Class IV Zoning Permit Z -IV - 2018 -2. These are the three (3) sets of minutes for your approval this morning. Chair Keawe: If there is no objection from the Commissioners, I would like to take this as a group. I will entertain a motion. Mr. Mahoney: Move to approve. Chair Keawe: Do I have a second? Mr. Lord: Second. Chair Keawe: Moved and seconded to approve the minutes. All those in favor? (Unanimous voice vote) Any opposed? (None) Motion carries 4:0. Thank you. 2 Mr. Dahilig: Thank you, Mr. Chair. RECEIPT OF ITEMS FOR THE RECORD Mr. Dahilig. We are on Item E. This is Receipt of Items for the Record. We have circulated Supplemental No. 3 to the Agency Hearing this morning and that needs to be received for the record. Chair Keawe: Okay. Mr. Mahoney: Move to receive for the record. Chair Keawe: Do I have a second? Mr. Lord: Second. Chair Keawe: All those in favor? (Unanimous voice vote) Any opposed? (None) Motion carries 4:0. Thank you. Mr. Dahilig. Thank you, Mr. Chair. HEARINGS AND PUBLIC COMMENT Continued Agency Hearing Mr. Dahilig: We are on Item F. These are Hearings and Public Comment. Item F.1. We do not have any continued agency hearings. New Agency Hearing Mr. Dahilig: Nor do we have new agency hearings under Item F.2. Continued Public Hearing Mr. Dahilig. Under Item F.3., no continued public hearings. New Public Hearing Zoning Amendment ZA-2018-1: Change from Open District (0) to Agriculture District (A). Parcel Location: Located approx. 500 ft. west of the Kainahola Road/Kawaihau Road intersection in Kapa`a Homesteads, further identified as 6765 Kawaihau Road, Tax Map Key: (4) 4-4-013:002, and containing a total area of 3.377 acres = Baird Family Limited Partnership. 3 Mr. Dahilig: Under Item F.4., New Public Hearing, this is Zoning Amendment ZA-2018-1. A change from the Open District (0) to Agriculture District (A). Parcel location approximately 500 feet west of the Kainahola Road/Kawaihau Road intersection in Kapa`a Homesteads, further identified as 6765 Kawaihau Road, Tax Map Key: (4) 4-4-013 Parcel 002, and containing a total area of 3.377 acres. The applicant is the Baird Family Limited Partnership and there is a Director's Report pertaining to this matter. Mr. Chair, the Department would recommend opening the public hearing at this time. However, given the received items under Item E that circulated under the Supplement, the infonnation that has been received from public testimony will shift our Director's Report on this matter. Given that, the Department would recommend, at the conclusion of receiving public testimony, that the Commission defer this item to the next Commission meeting with the information that the Department will not be making a presentation on this matter at this time. Chair Keawe: Okay. Are we taking public testimony? Mr. Dahilig: Yes, Mr. Chair. Chair Keawe: We will open the testimony [sic] at this time on this particular item. Is anyone here wanting to testify on this particular item? If not, I will entertain a motion to close the hearing. Mr. Dahilig: Don't close. I'm sorry. Chair Keawe: Okay, we will leave it open. Mr. Dahilig: Defer. Chair Keawe: Oh, we will defer; that's right. Mr. Dahilig: The Department's recommendation would be to defer to the next meeting. Chair Keawe: Okay. Mr. Mahoney: Chair, move to defer Item F.4. to the next meeting. Chair Keawe: Do I have a second? Ms. Apisa: Second. Chair Keawe: It has been moved and seconded to defer this particular item to the next meeting, which is, Mike? Mr. Dahilig: Given our calendar right now, we are looking at ... we may not have a meeting on October 24th so I would recommend November... 11 MS.Apisa: (The) 14th would be the second Tuesday. Mr. Dahilig: Yes, November 141h Chair Keawe: Can we amend your motion, Mr. Mahoney? Mr. Mahoney: I will amend the motion to defer to the meeting of November 141h Chair Keawe: Okay. Do I have a second? Mr. Lord: Second. Chair Keawe: All those in favor? (Unanimous voice vote) Motion carried 4:0. Mr. Dahilig: Thank you, Mr. Chair. All remaining public testimony pursuant to HRS 92 (Sunshine Law) Mr. Dahilig: We do have a call for any final public testimony on any other agenda item. I do not have anybody signed up to testify, but a final call would be appropriate. Chair Keawe: Final call for any testimony under the Sunshine Law. Anybody wishing to testify on any item? If not, we will close that public hearing. Mr. Dahilig: Okay. We should be good; no need for a motion. Chair Keawe: No need? Mr. Dahilig: Yes. Chair Keawe: Alright. 1411=11 ; ► 1 Status Reports 2017 Status and Progress ss Report for Po`ipu Sheraton Kauai Resort, Special Management Area Use Permit SMA(U)-2007-13, Class IV Zoning Permit Z -IV -2007-29, and Project Development Use Permit PDU(U)-2007-25, Tax Map Keys: (4) 2-8-015:043, 044, & 082; 2-8-016:003 & 004, Po`ipu Kauai = VSE Pacific, Inc. (formerly SVO Pacific, Inca Director's Reports for Proiect(s) Scheduled for Agency Hearing on 10/24/17 NONE 5 Mr. Dahilig: We are on Item G. This is the Consent Calendar. We are on Item G.l.a. We do have one (1) status report from the Po`ipu Sheraton application; that is SMA(U)-2007-13, Z -IV - 2007 -29, and PDU Permit U-2007-25. That is all for the Consent Calendar this morning. Chair Keawe: Okay. I need a motion to receive the Director's [sic] Report. Ms. Apisa: Move to receive the Director's [sic] Report. Mr. Mahoney: Second. Chair Keawe: It has been moved and seconded to receive the Director's [sic] Report for this item. All those in favor? (Unanimous voice vote) Any opposed? (None) Motion carries 4:0. Thank you. Mr. Dahilig: Thank you, Mr. Chair. EXECUTIVE SESSION Mr. Dahilig: Item H, Executive Session. We do not have any this morning. GENERAL BUSINESS MATTERS Clerk of the Commission's Recommendation to Refer an Appeal of the Plaiming Director's Decision Related to the Notice of Violation and Order to Pay Fines to GregL. Allen Jr. and Joanne B. Allen for the operation of an unpermitted transient vacation rental on Tax Map Key (4) 41004019, Wailua, Kauai, dated August 22, 2017, to a Hearings Officer (Contested Case Hearing No. CC -201711); 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. Mr. Dahilig: Item I, General Business Matters. This is a referral of an appeal related to Greg Allen and Joanne Allen at Tax Map Key (4) 41004019 in Wailua, Kauai known as Contested Case Hearing No. CC -2017-11. The request would be to delegate authority to the Clerk of the Commission to procure and appoint a Hearings Officer on behalf of the Commission to handle the instant appeal. Chair Keawe: Commissioners, can I have a motion to that effect? To delegate authority to the Clerk of the Commission. Mr. Mahoney: Chair, move to delegate authority to the Clerk of the Commission to procure and appoint a Hearings Officer on behalf of the Commission for the appeal. Ms. Apisa: Second. 0 Chair Keawe: It has been moved and seconded. Any discussion on this item? All those in favor? (Unanimous voice vote) Any opposed? (None) Motion carries 4:0. Thank you. Mr. Dahilig: Thank you, Mr. Chair. COMMUNICATION (For Action) Mr. Dahili . We are on Item J. This is Communication. We do not have any for this morning. Subdivision Mr. Dahilig: Item K, Committee Reports. We do have a Subdivision Committee Report. Chair Keawe: Mr. Mahoney. Mr. Mahoney: Subdivision Report for this morning. Tentative subdivision map approval, No. 5- 2018-1, Marty Hoffinan Revocable Living Trust, TMK: 2-4-003:006, approved 2:0. Second item — tentative subdivision map approval, No. S-2018-2, Kukui`ula Development Company LLC, TMK: Portion of 2-6-022:021, deferred to October 24th, 2:0. Item b., No. S-2018-3, Kukui`ula Development Company LLC, approved 2:0. Subdivision extension request a., No. S- 2016-2, Kukui`ula Development Company LLC, TMK: 2-6-015:014, approved 2:0. Item No. 5- 2017-1, Anaina Hou Land LLC, TMK: 5-2-017:026 and 028, approved 2:0. That was all for the business of the Subdivision (Committee). Chair Keawe: Okay. Deputy County Attorney Jodi Hi ucg hi Sayegusa: I'm sorry. If there is no meeting on October 24th for Item I.I.a., Kukui`ula Development, I guess it would be scheduled for the first meeting in November. Mr. Mahoney: Thank you, Jodi. Chair Keawe: Okay. Can I have a motion to approve the Subdivision Committee Report? Mr. Lord: I make a motion to approve the Subdivision Report. Chair Keawe: Second? Ms. Apisa: Second. Chair Keawe: It has been moved and seconded to approve the report. All those in favor? (Unanimous voice vote) Any opposed? (None) Motion carried 4:0. Thank you. 7 Mr. DahiliK Thank you, Mr. Chair. UNFINISHED BUSINESS (For Action) Mr. Dahili& We do not have any Unfinished Business. NEW BUSINESS Mr. Dahilig: And there is no New Business as we are deferring the presentation on Item F.4.a. regarding the Baird Family. ANNOUNCEMENTS Topics for Future Meetings The following regularly scheduled Planning Commission meeting will be held at 9:00 a.m., or shortly thereafter at the Lihu`e Civic Center, Mo`ikeha Building, Meeting Room 2A -2B, 4444 Rice Street, Lihu`e, Kauai, Hawaii 96766 on Tuesday, October 24, 2017. Mr. Dahilig: Topics for Future Meetings. The Department is actually pretty lean, so the on deck sheet that we distributed at the last meeting is pretty much the exact same on deck sheet. That is why the meeting on October 24t" — even though we will announce it as a future meeting — it looks like that agenda may be empty and we can move items and consolidate them on November 14`", but we just listed it just in case something does come up. We will know more next week, Chair, on whether we will be able to avoid that meeting on October 24t". With that, that is all the business the Department has to present before the Commission. Chair Keawe: Okay. I will entertain a motion to adjourn. Ms. Apisa: Move to adjourn. Mr. Mahoney: Second. Chair Keawe: Moved and seconded to adjourn. All those in favor? (Unanimous voice vote) Motion carried 4:0. Meeting adjourned. Chair Keawe adjourned the meeting at 9:16 a.m. Respectfully submitted by: Jarcie Ag an, Commission Support Clerk ( ) Approved as circulated (add date of meeting approval) ( ) Approved as amended. See minutes of meeting.