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Home My WebLink AboutAgenda 10-11-11 REGULAR MEETINGweb KAUAI PLANNING COMMISSION REGULAR MEETING Tuesday, October 11, 2011 9:00 A.M. Lihue Civic Center, Moikeha Building Meeting Room 2A-2B 4444 Rice Street, Lihue, Kauai, Hawaii AGENDA Call to Order Approval of the Agenda Receipt of Items for the Record Minutes—Regular Meeting of September 13, 2011 A. GENERAL BUSINESS MATTERS (For Action) 1. Annual Status Report (5/24/11) from Lindsay Crawford, Senior Project Manager, for Project Development Use Permit PDU-2007-24 and Class IV Zoning Permit Z-IV-2007-28, Employee Housing Project, Tax Map Key 2-6-004: 019, K61oa, Kaua'i = Kukui`ula Development Company (Hawai'i), LLC. a. Staff Report pertaining to this matter. 2. Executive Session: Pursuant to Hawai'i Revised Statutes (HRS) Sections 92-4 and 92-5 (a)(4), and Kaua'i County Charter Section 3.07(E), the Office of the County Attorney requests an executive session with the Planning Commission to discuss Rule-Making Procedures pursuant to HRS Chapter 91 and related matters regarding implementation of amendments to HRS Chapter 205A. This briefing and consultation involves the consideration of the powers, duties, privileges, immunities and/or liabilities of the County as they relate to this agenda item. 3. Executive Session: Pursuant to Hawaii Revised Statutes Sections 92-4 and 92-5(a)(2 and 4) and Kaua'i County Charter Section 3.07(E), the purpose of this executive session is to discuss matters pertaining to the evaluation of the Interim Planning Director. This session pertains to the Interim Director's evaluation where consideration of matters affecting privacy will be involved. Further, to consult with legal counsel regarding powers, duties privileges, immunities and/or liabilities of the Planning Commission as it relates to the evaluation of the Interim Director. B. COMMUNICATION (For Action) (NONE) C. SUBDIVISION — Action on subdivision matters listed in the Subdivision Committee Agenda (attached). D. UNFINISHED BUSINESS (For Action) 1. Letter of Transmittal, Status Report and Time Extension request by State of Hawai'i, Department of Transportation, Airports Division, as required by Condition No. 8 of Special Management Area Use Permit SMA(U)-2008-13, Shoreline Setback Variance SSV-2008-3, Tax Map Key (4) 3-5-001: 008, Lihu'e, Kaua'i = State of Hawaii, Department of Transportation, Airports Division. [General Business—Deferred 7/12/11.] a. Supplemental No. 1 Staff Report pertaining to this matter. D. UNFINISHED BUSINESS (For Action) (Cont'd) 2. Pursuant to Section 91-3, Hawai'i Revised Statutes, to consider the Recodification and amendment of administrative rules pertaining to Coastal Zone Management and the Special Management Area(SMA): A. Recodification of previous amendments to the SMA rules; B. Amendments to accommodate changes pursuant to Act 153, SLH 2011; and C. Fee structure changes to reflect the actual cost of publication. County of Kauai, Planning Commission. [Public hearing closed 8/30/11.] a. Supplemental Director's Report pertaining to this matter. E. PUBLIC HEARING 1. Continued Public Hearing (NONE) 2. New Public Hearings: a. Special Permit SP-2012-15, Use Permit U-2012-5 and Class W Zoning Permit Z-1V- 2012-5 to construct and operate a wellness center, educational facility, and office in Kapaa, located on Kahuna Road, approx. 1200 ft. from the Kahuna Road and Piliamoo Road intersection, further identified as Tax Map Key 4-6-004: 008, and affecting a portion of 6.122 acres = Francesco Garri Garripoli & Daisy Lee. [Director's Report received 9/27/11.] F. NEW BUSINESS 1. For Action— See Agenda E for Protect Descriptions. a. Special Permit SP-2012-15, Use Permit U-2012-5 and Class IV Zoning Permit Z-1V- 2012-5 =Francesco Garri Garripoli &Daisy Lee. 2. For Acceptance into Record — Director's Report(s) for Proiect(s) Scheduled for Public Hearing on 10/25/11. (NONE) 3. For Acceptance and Finalization — Director's Report for Shoreline Setback Activity Determination. a. Shoreline Setback Commission Review SSCR-2012-01 for a shoreline setback determination, Tax Map Key (4) 5-5-002:017, Hanalei, Kaua'i, for acceptance by the Commission=Bill&Denise Hay. b. Shoreline Setback Commission Review SSCR-2012-02 for a shoreline setback determination, Tax Map Key (4) 2-1-003: 028, Port Allen, Kaua'i, for acceptance by the Commission— Captain Andy's Sailing. G. ANNOUNCEMENTS 1. The next scheduled public hearing to be held by the Kaua'i Planning Commission's Hearings Officer is to be held at 9:00 a.m., or shortly threafter at the Lihu'e Civic Center, Moikeha Building, Meeting Room 2A-2B, 4444 Rice Street, Lihu'e, Kaua'i, Hawai'i 96766 on Wednesday,October 19,2011. 2. The following scheduled Planning Commission meeting will be held at 9:00 a.m., or shortly thereafter at the Lihu'e Civic Center, Moikeha Building, Meeting Room 2A-2B, 4444 Rice Street, Lihu'e, Kaua'i, Hawai'i 96766 on Tuesday,October 25,2011. H. ADJOURNMENT Planning Commission Agenda October 11,2011 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. Planning Commission Agenda October 11,2011 KAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING Lihue Civic Center, Moikeha Building Meeting Room 2A-213 4444 Rice Street, Lihue, Hawaii 96766 Tuesday, October 11,2011,8:30 A.M. AGENDA Call to Order Approval of the Agenda Minutes—Meeting of September 13,2011 Public Comment for Listed Agenda Items A. GENERAL BUSINESS MATTERS B. COMMUNICATIONS C. UNFINISHED BUSINESS D. NEW BUSINESS (For Action) 1. Final Subdivision Action: a. S-2002-21 = `Oma`o Ranch Lands, LL C. 5-lot Subdivision TMK: 2-7-003:005 K61oa,Kauai b. S-2011-17=Buff U. Toulon Trust/A.J. Toulon 2-lot Boundary Adjustment Trust TMK: 2-3-015:117, 118 Kalaheo, Kauai E. 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, Lihue, Hawaii 96766. Telephone: 241-4050. Planning Commission Agenda October 11,2011