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Home My WebLink AboutAmended 5-12-20 Planning Commission Agenda(,Ienda ~eami Streulerl \lenihers: Chair fl \1cI~in Chiba helen (~o\ I)onna .\pisa I ranci~[)e(iraeia Vice (hair Ro~I ho 7fj ~y —7 P 3 :55 I on Otsuka AMEN DE~I) COUNTY OF~KAUAI ~PLANNING COMMISSION NOTICE OF TELECONFERENCE AGENDA Tuesday,May 12,2020 9:00 a.m.or shortly thereafter Microsoft Teams Audio:+1 469-848-0234,Conference ID:528 065 917# This meeting will be held via Microsoft Teams conferencing only.Members of the public are invited to join this meeting by calling the number above with the conference ID information.You may testif~during the video conference or submit written testimony in advance of the meeting via e-mail or mail.To avoid excessi~e noise/feedback,please Haute your microphone except to testify. A.CALL TO ORDER B.ROLL CALL C.APPROVAL OF THE AGENDA D.APPOINTMENT OF SUBDI VISION COMMITTEE MEMBER E.MINUTES of the meeting(s)of the Subdivision Conamittee I.Meeting of January 28,2020 2.Meeting of February II.2020 3.Meeting of February 25.2020 F.RECEIPT OF ITEMS FOR THE RECORD (None) C.HEARINGS AND PUBLIC COMMENT The Planning Commission will accept written testimony for any agenda iteni herein.Written testimony indicating your 1)name,and if applicable,your position/title and organization you are representing,and 2)the agenda item that you are providing comment on,may be submitted in writing to j~nkauai~a~kauai.gov or mailed to the County of Kauai Planning Department,4444 Rice Street,Suite 473,Lihue,Hawaii 96766.Written testimony received by the Planning Department before 9:00 a.m.on Monday,May 11,2020,pill be distributed to all Planning Commissioners prior to the meeting.Written testimony received after 9:00 a.m.on Monday,May II,2020,will be summarized by the Clerk of the Commission during the meeting and added to the record thereafter. 1.Continued Agency Hearing G.HEARINGS AND I’UBLIC COMMENT (Cont’d) 2.Ne~Agency Hearing a.Amendment to Special Management Area Use Permit SMA(U)-2008-5.Class IV Zoning Permit Z-IV-2008-6.and Use Permit U-2008-4 in~oRing the construction of two single-family residences farm dwelling units,barn,and associate Site improvements on a parcel situated near the terminus of Kabul Quarry’Road in Kilauea.further identified as 1957 Kahili Quarry Road,Tax Map Key:5-2-012:035 and 5-2-004:047.CPR Unit 2,and affecting an area approx.161.88 acres Charles 1’!.Somers &West Sunset 32 Phase I,LLc.[Meeting cancelled 3 24 20.] I.Director’s Report pertaining to this matter. 3.Continued Public Hearing a.Zoning Amendment ZA-2020-7: •DEVELOPMENT PLAN AMENDMENTS:Hanapepe-’Ele’ele Development Plan and Waimea-Kekaha Development Plan. •ZONP’4G MAP AMENDMENTS:ZM-K 100 Kekaha.ZM-W 100 Waimea,and ZM-K 200 Hanapepe-Port Allen-’Ele’ele. This bill for an ordinance proposes to adopt and implement the West Kauai Community Plan,which is an update to the Hanapepe-Ele’ele Development Plan and the Waimea-Kekaha Development Plan,and includes the communities of Kekaha,Waimea.Hanapepe.Ele’ele,and Kaumakani.The proposed ordinance will amend Chapter 10.Articles 3 and 4 of the Kauai County Code to adopt the West Kauai Community Plan and establish special planning areas for the town centers of Kekaha,Waimea,Hanapëpe,and ‘Ele’ele-Port Allen.The special planning areas will use form-based code to provide de’~elopment standards and guidelines to further the goals and objectives for the West Kauai Community Plan that were created through a public planning process. The following special planning areas are proposed: •Special Planning Area “K”.also known as the ~Kekaha Town Walkable Mixed Use District”. •Special Planning Area ~also known as the “Waimea Town Walkable Mixed Use District”. •Special Planning Area ~W.also known as the ~Hanapepe Town Vvalkable Mixed Use District”. Special Planning Area ~‘N”,also known as the Ele’ele-Port Allen Walkable Mixed Use District”county of Kauai,Planning Department. [Director’s Report and Supplement No.I to Director’s Report received and hearing continued 2 11 20.Supplement No.2 and Supplement No.3 to Director’s Report received and hearing continued 2 25 20.meeting cancelled 3 24 20.] 1.Supplement No.4 to Director’s Report pertaining to this matter. 2.Supplement No.5 to Director’s Report pertaining to this matter. b.Zoning Amendment ZA-2020-12:ZONING MAP AMENDMENTS:ZM 200 Hanapepe.A bill for an ordinance to rezone portions of ZM 200 Hanapepe from ~Agriculture District”to ~General [ndustrial District.”The district will ensure that the historic industrial uses in the area that supports agricultural processing and Kauai Planning Commission Regular Meeting 4genda Page 2 \lar’.12 2020 HEARINGS ~D P1 8LIC COMME NT (Cont’d) 3.Continued Public Hearing (Cont’d) b.Zoning Amendment ZA-2020-12:ZON[NG M-\~P ~\ME’4DMENTS:ZM 200 Hanapepë.(Con(d) product development are able to continue in perpetuity —county of Kaiwi, Planning Departineiit.[Director’s Report received and hearing continued 2 25 20. meeting cancelled 3 24 20.] 1.Supplement No.I to Director’s Report pertaining to this matter. c.Zoning Amendment ZA-2020-l0:ZONING MAP AMENDMENTS:ZM 200 Hanapepe.A bill for an ordinance to establish a zoning district called ~Plantation Camp”under Kaua’i County Code Chapter 8.known as the County of Kaua’i Comprehensive Zoning Ordinance.The district will ensure that the use of these historic plantation camps can continue in perpetuity b~allowing the continued use. maintenance,repair.and rebuild of existing structures to occur.Portions of ZM 200 E-Ianapepe will be amended to ~Plantation Camp”county of Kauai,Plaiuiing Department.[Director’s Report received and hearing continued 2 25 20.meeting cancelled 3 24 20.] I.Supplement No.I to Director’s Report pertaining to this matter. d.Zoning Amendment ZA-2020-9:ZONING MAP AMENDMENTS:ZM-K 100 Kekaha,ZM-W 100 Waimea.ZM-H 200 Hanapëpë-Port Allen-’Ele’ele,and ZM 200 Hanapepe.A bill for an ordinance to establish a special treatment district called ~Special Treatment -Coastal Edge”under Kaua’i County Code Chapter 8.known as County’of Kauai’s Comprehensive Zoning Ordinance.The district will ensure that development within applicable areas is constructed in a manner that safely mitigates impacts from coastal hazards,including but not limited to sea level rise,coastal erosion.high wave mn-up.passive flooding,and an increased frequency and intensity of storms.Portions of ZM-K 100 Kekaha.ZM-W 100 Waimea.ZM-H ‘OO Hanapepe-Port Allen-’EleeIe,and ZM 200 HanapëpC will be overlaid with “Special Treatment -Coastal Edge”—county of .Kauai,Planning Department.[Director’s Report received and hearing continued 2 25 20.meeting cancelled 3 24 20.] 1.Supplement No.1 to Director’s Report pertaining to this matter. 2.Supplement No.2 to Director’s Report pertaining to this matter. e.Zoning Amendment ZA-2020-1 1:ZONNG MAP AMENDMENUS:ZM-H 200 Hanapepe-Port Allen-’Elee[e.\.bill for an ordinance to overlay a portion of ZM 200 Hanapepe-Port A11en-’Ele~ele to “Special Treatment-Public.”The District will recognize the Port ~llen Airport as a unique public facility used for the public and quasi-public airport use at a significant location.The District will require additional performance and procedural requirements to ensure critical or valuable social or aesthetic characteristics of the environment or communit~that exist in the same area are addressed and protected =County of Kaiwi,Planning Department.[Director’s Report received and hearing continued 2/25/20,meeting cancelled 3 24 20.] I.Supplement No.I to Director’s Report pertaining to this matter. Kauai Planning Commission Regular Meeting ~\genda Page 3 ii C.HEARIN(;S ~ND PUBLIC COMMENT (Cont’d) 3.Continued Public Hearing (Cont’d) f.Zoning Amendment ZA-2020-8:A bill for an ordinance to implement the West Kauai Community Plan,which is an update to the Hanapepe-’Ele~ele Development Plan and the Waimea-Kekaha De~’elopment Plan.and includes the communities of Kekaha,Waimea,Hanapepe,EIeele,and Kaurnakani.The proposed ordinance ~~il1 amend the General Plan,Chapter 7 of the Kauai County Code,to establish region- specific guidance and land u~e map changes for the West Kauai region including the Hanapepe-’Eleele Planning District and the Waimea-Kekaha Planning District. \mendments include changes to provisional agriculture,provisional resort, plantation camps.and other policies as they pertain to the West Kauai Community Plan.The amendment also updates the preliminary community planning guidance for the Waimea-Kehaha and Hanapepe-’Eleele planning districts county of Kauai,Planning Department.[Director’s Report receked and hearing continued 2 25 20.meeting cancelled 3 24 20.] 1.Supplement No.1 to Director’s Report pertaining to this matter. 4.New Public Hearing a.Zoning Amendment ZA-2020-14:A bill for an ordinance amending Chapter 8,Kauai County Code 1987,as amended,relating to Comprehensive Zoning Ordinance (CZ)). The proposal amends Section 8-27 of the CZO relating to Shoreline Setback and Coastal Protection County of Kauai,Planning Department.[Meeting cancelled 32420.] 1.Director’s Report pertaining to this matter. b.Zoning Amendment ZA-2020-15:A bill for an ordinance relating to Enforcement, Legal Procedures,and Penalties.The proposed bill clarifies the enforcement,legal procedures,and penalties for violations of Kauai County Code 10 =county of Kauai, Planning Department.[Meeting cancelled 3 24 20.1 1.Director’s Report pertaining to this matter. 2.Supplement No.1 to Director’s Report pertaining to this matter. 5.All remaining public testimony pursuant to I-IRS 92 (Sunshine Lafl) H.CONSENT CALENDAR 1.Status Reports 2.Director’s Report for Project Scheduled for Agenc’~Hearing EXECUTIVE SESSION J.GENERAL BUSINESS MATTERS 1.Hearing Officer’s Report and Recommendation of Contested Case re Petition to Appeal Decision of the Planning Director’s Decision Related to the Notice of Violation and Order to Pay Fines for the Operation of an Illegal Transient Accommodation Use for Property Situated in Haena,Kauai.Hawaii,identified by Kauai Tax Map Key (4) 58005005 containing 26.092 sq.ft.Patricia D.Mcconnell,Petitioner. Kauai Planning Commission Regular Meeting Agenda Page 4 Mars 12 20’u J.(;ENERAL BUSINESS MATTERS (Cont’d) a.Petitioner’s Exceptions to Hearing Officer~s Report and Recommendation of Contested Case:Request for Oral Argument:Certificate of Service for Case No.CC- 201 7-4.TMK (4)5-8-005:005 Patricia D.McC’o,inetl,Petitioner. 2.Clerk of the Commission’s Recommendation to Refer an Appeal of the Planning Director’s Notice of Violation &Order to Pay Fines for the continued operation of an unpermitted transient ‘vacation rental outside of the Visitor Destination Area.Tax Map Key (4)45006005,Kapaa,Kauai.received on April 6.2020.for referral to Board and Commissions as Contested Case File No.CC-2020-5 Ilichael flithne. K.COMMUNICATION (For Action) L.COMMITTEE REPORTS 1.Subdivision Subdi’vision Action matters listed in the Subdivision Committee Agenda (attached) M.UNFINiSHED BUSINESS (For Action) ‘~.NEW BUSINESS 1.For Action —See Agenda G for Project Descriptions 0.ANNOUNCEMENTS 1.Topics for Future Meetings 2.The following regularly scheduled Planning Commission meeting will be held at 9:00 a.m.. or shortly thereafter on May 26.2020.The Planning Commission anticipates meeting ‘via teleconference,but will announce its intended meeting method via an agenda electronically posted at least six days prior to the meeting date. P.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 (“[I.R.S.”), without noticing the executive session on the agenda where the executive session was not anticipated in advance.[IRS 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.I-IRS Section 92-4.The reason for holding the executive session shall be publicly announced. NOTE:IF YOU NEED AN AUXILIARY AID/SERViCE,OTHER ACCOMMODATION DUE TO A DISBILITY,OR AN INTERPRETER FOR NON-ENGLISH SPEAKING PERSONS,PLEASE CONTACT THE OFFICE OF BOARDS &COMMISSIONS AT (808)24:1-4917 OR ASEGRET1~KAUA1.GOV AS SOON AS POSS[BLE.REQUESTS MADE AS EARLY AS POSSIBLE WILL ALLOW ADEQUATE TIME TO FULFILL \OUR REQUEST. UPON REQUEST,THIS NOTICE I.S AVAILABLE iN ALTERi’~ATE FORMATS SUCH AS LARGE PRINT,BRAILLE,OR ELECTRONIC COPY. Kauai Planning Comm jcs~on Regular Meeting Agenda Page 5 \lar.2.2~f Ro~[to (hair \Lemher Donna Apba Vice C.hair AMENDED COUNTY OF KAUAI PLANNING COMMISSION NOTICE OF TELECONFERENCE AND SUBI)IVIS[ON COMMITTEE AGENDA Tuesday,May 12,2020 8:30 am,or shortly thereafter Microsoft Teams Audio:+1 469-848-0234,Conference ID:882 770 85# This meeting will be held via Microsoft Teams conferencing only.Members of the public are invited to join this meeting by calling the number above with the conference ID information.You may testify during the video conference or submit written testimony in advance of the meeting via e-mail or mail.l’o avoid excessive noise/feedback,please mute your microphone except to testify. A.CALL TO ORDER B.ROLL CALL C.APPROVAL OF TIlE AGENDA D.MINUTES of the meeting(s)of the Subdivision Committee 1.Meeting of January 28,2020 2.Meeting of February 11,2020 E.RECEIPT OF ITEMS FOR THE RECORD (None) F.HEARINGS AND PUBLIC COMMENT The Planning Commission ~~iIl accept written testimony for any agenda item herein.Written testimon~indicating your 1)name,and if applicable,your position/title and organization you are representing,and 2)the agenda item that you are providing comment on,may be submitted in writing to p1ankauait~a~kauai.gov or mailed to the County of Kauai Planning Department,4444 Rice Street,Suite 473,Lihue,Hawaii 96766.Written testimony received by the Planning Department before 8:30 a.m.on Monday,May 11,2020,will be distributed to all Planning Commissioners prior to the meeting.Written testimony received after 8:30 a.m.on Monday,May 11,2020,will be summarized by the Clerk of the Commission during the meeting and added to the record thereafter. G.GENERAL BUSINESS MATTERS (None) Fl.UNFINISHED BUSINESS (None) NEW BUSINESS (For Action) I.Final Subdi~ision Map Approval a.Subdivision Application No.S-2019-09 (Kukiii’ula Development Co.,LLC (Parcel FF)) Proposed I 0-lot Subdivision TMK:(4)2-6-019:017 &026 Koloa,Kauai I)Subdivision Report pertaining to this matter. b.Subdivision Application No.S-20 19-13 (Kukui’ula Development Co.,LLC (Kainani Villas)) Proposed 7-lot Subdivision TMK:(4)2-6-021:005 Koloa.Kaua~i 1)Subdi~ision Report pertaining to this matter. A DJO U RNMENT ‘~OTE:IF YOU NEED AN AUXILIARY AID/SERVICE,OTHER ACCOMMODATION DUE TO A DISBILITY,OR AN INTERPRETER FOR NON-ENGLISH SPEAKING PERSONS,PLEASE CONTACT THE OFFICE OF BOARDS &COMMISSIONS AT (808) 241-4917 OR ASEGRETI~KAUM.GOv AS SOON AS POSSIBLE.REQI..ESTS MAI)E AS EARLY AS POSSIBLE WILL ALLOW ADEQI..ATE TIME TO FULFILL YO1..R REQUEST. I POW REQUEST,TI-11S NOTICE IS AVAIL ‘..BLE I’~~LTERI’~ATE FORMATS SUCH AS LARGE PRIVI,BRAILLE,OR ELECTRONIC COPY. Kauai Planning Commission Regular Meeting Agenda Page 7 ~an ~2.2~)2~ Pursuant to Section 8-27.8 (6)of the Kaual County Code (1987).as amended.the fo1io~ing shoreline setback determinations by the Director are disclosed for purposes of public notification. March 24,2020 SHORELINE SETBACK DETERMINATIONS Application Name of Applicant(s)Property ID.Location Reasons No.(Tax Map Key) SSD-2020-36 Jim &Sue Henderson 2-8-015:003 Poipu Interior Reno~ations LJnit#11 SSD-2020-37 Joe FEeney 2-8-019:008 Poipu Interior Renovations SSD-2020-38 Kawailoa De~’e1opment 2-9-001:002 &Poipu Interior 003 Renovations to Spa SSD-2020-39 Red Lake Management 5-20010:0 12 Kalihiwai New SFR. Garage and Guest House SSD-2020-40 Kim Chung ‘(ul TTEE 4-1-005:001 Kapaa Interior Renovations Unit #124 SSD-2020-41 Cindy Lofton 4-1-005:001 Kapaa Interior Renovations Unit #1 13 [Meeting cancelled 3 24’20.] Kauai Planning Cornniission Regular Meeting Agenda Page 8 ‘~lar~12.2021) Pursuant to Section 8-27.8 (6)of the Kaual Counts Code(1987).as amended.the iol1o~ing shoreline setback determinations by the Director are disclosed for purposes of public notification. May 12,2020 SHORELINE SETBACK DETERMINATIONS Application Name of Property ED.Location Reasons No.Applicant(s)(Tax Map Key) SSD-2020-42 County of Kauai (4)3-5-002:008.085.159:(4)Ahukini Bike Path 3-7-002:001.002,999;(4)3-to 7-003:001.017:(4)3-9-002:Lydgate 032.999:(4)3-9-005:003, 009.012;(4)3-9-006:999 SSD-2020-43 Matthev~Hunter (4)5-5-004:040 Hanalei Installation of sto’.e in existing guest house.241 s.f. storage downstairs Kauai Planning Commission Regular Meeting Agenda Page 9 \lar~12 2020