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Home My WebLink AboutAgenda 4-12-11 REGULAR MEETING web KAUAI PLANNING COMMISSION REGULAR MEETING Tuesday, April 12, 2011 8:15 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—Meeting of February 22, 2011 Workshop of February 22, 2011 Meeting of March 22, 2011 A. GENERAL BUSINESS MATTERS (For Action) 1. Annual Report relating to Condition No. 5 from Jas. Glover for Use Permit U-92-36, Special Permit SP-92-6 and Class IV Zoning Permit Z-IV-92-38, original applicant Grove Farm Company, transferred to current permit holder=Jas. W. Glover, Ltd. a. Staff Report pertaining to this matter. 2. Quarterly Departmental Status Report on operations. 3. Informational presentation by the Planning Department regarding the Six-Year Capital Improvements Program and the Planning Commission's duties and responsibilities related to the Program. 4. Request for Reconsideration (3/9/11) from Carl G. Young, Site Acquisition Consultant, Sprin t/Nextel of Use Permit U-2011-6, Variance Permit V-2011-1 and Class IV Zoning Permit Z-IV-2011-6 for a proposed 165' monopine near Halfway Bridge. a. Use Permit U-2011-6, Variance Permit V-2011-1 and Class IV Zoning Permit Z-IV- 2011-6 to permit the construction and operation of a telecommunication facility that includes a 165 ft. high stealth monopine (a monopole designed to look like a pine tree) and associated equipment at a site located on a cane haul road approx. 90 ft. north of the cane haul road's intersection with Kaumualii Highway intersection, said intersection is located approx. 1.7 miles west of the Kaumuah'i Highway and Kipu Road intersection, and approx. .40 miles north of that area generally referred to as Halfway Bridge, further identified as Tax Map Key 3-4-001: 003, and affecting a 600 sq. ft. portion of a 2,668.037 acre parcel = Sprint/Nextel. [Director's Report received 12/14/10, hearing closed 1/11/11, deferred 2/8/11, application denied 2/22/11, Reconsideration Granted and Action Deferred 3/22/10.] b. Supplement No. 3 to Director's Report pertaining to this matter. c. Letter (3/30/11) from Carl Young, addressing concerns raised at the previous Planning Commission meeting. 5. Executive Session: Pursuant to Hawai'i Revised Statutes Section 92-4, 92-5(a)(4) and (8), and Kaua'i County Charter Section 3.07(E), the Office of the County Attorney requests an executive session with the Planning Commission to provide a briefing regarding legal issues related to the implementation of Ordinance No. 904. This briefing and consultation involves the consideration of the powers, duties, privileges, immunities and/or liabilities of the Planning Commission and the County as they relate to this agenda item. A. GENERAL BUSINESS MATTERS (For Action) (Cont'd) 6. Executive Session: Pursuant to Hawai'i Revised Statutes Section 92-5(a)(2), the purpose of this executive session is to discuss matters pertaining to the evaluation of the Planning Director. This session pertains to the Planning Director's evaluation where consideration of matters affecting privacy will be involved. B. COMMUNICATION (For Action) (NONE) C. SUBDIVISION - Action on subdivision matters listed in the Subdivision Committee Agenda (attached). D. UNFINISHED BUSINESS (For Action) 1. Class IV Zoning Permit Z-IV-2010-15, Use Permit U-2010-14 and Special Permit SP-2010- 3 to construct and operate a pavilion consisting of an indoor auditorium, conference center, certified kitchen, and an outdoor amphitheater on a property located along Kuhi`6 Highway, approx. 1,500 ft. northwest from the Highway's intersection with Kolo Road, Kilauea, further identified as Tax Map Key 5-2-017: 028, and affecting a 6.55 acre portion of a 15.17 acre property =Anaina Hou, LLC. [Postponed 4/27/10, Director's Report received 6/8/10, Intervenor granted intervenor status and contested case hearing scheduled for September 28, 2010 6/22/10, contested case held 1/11, 1/12, 1/13, 1/28 and 1/31/11.] a. Supplement No. 2 to Planning Director's Report pertaining to this matter. b. Letters in Support of Application from: 1. Kalihi Ridge Community Association(3/22/11) 2. Don Leutz and Sylvia Leutz (4/2/11) 3. Jonathan McRoberts (3/31/11) 4. Ben Welbourn (4/4/11) 5. Andrew and Janice Pendleton(4/6/11) 6. Merri Murphy RDH (4/6/11) 7. Russ Josephson (Undated) 8. Vera Benedek(Undated) 9. Marorie Gifford(4/3/11) 10. Melinda Friedman(4/3/11) 11. Anthony B. Semedo (4/2/11) 12. Stacie Nelson (3/31/11) c. Letter in Opposition to Application from: 1. Bill and Mary Ivison (Undated) 2. Nancy Diem(3/30/11) 3. Wendy Oates-Devore (3/29/11) 4. Roy Gillette (3/30/11) 5. Chad Deal (3/29/11) 6. Tyler Riley (Undated) 7. David P. Baken(3/25/11) 8. Suzie Lee (Undated) 9. Craig Maas (G.I. article 10/14/10) 10. Janet Ashkenazy (3/28/11) 11. Mark Goodman (Undated) 12. Alex Aaron(3/29/11) 13. James Gair(4/2/11) 14. Jean-Michel J. Gabet and Katherine Gabet(Undated) 15. Michael Radeczki (Undated) 16. M. Medeiros (Undated) 17. M. Medeiros (Undated) 18. C. Pa(3/25) 19. C. Pa(3/25/11) 20. K. Johnson(Undated) 21. K. Johnson(Undated) 22. Craig Maas (Undated) 23. M. Medeiros (3/24) Planning Commission Agenda April 12,2011 D. UNFINISHED BUSINESS (For Action) 1. Class IV Zoning Permit Z-IV-2010-15, Use Permit U-2010-14 and Special Permit SP-2010- 3 =Anaina Hou, LLC. (Cont'd) c. Letter in Opposition to Application from: (Cont'd) 24. E. Koohan Paik(3/21/11) 25. Matthew Burman(3/22/11) 26. Laura Burman(3/22/11) 27. Howard Wilson(3/23/11) 28. Michael Radeczki (3/24/11) 29. Gary Peirce (12/2/10) 30. Roy Gillette (12/7/10) 31. James Gair(4/6/11) E. PUBLIC HEARING (NONE) F. NEW BUSINESS 1. For Action—See Agenda E for Proiect Descriptions. (NONE) 2. For Acceptance into Record —Director's Report(s) for Proiect(s) Scheduled for Public Hearing on 4/26/11. 1. Class IV Zoning Permit Z-IV-2011-09 and Use Permit U-2011-09 to operate a beauty salon at property located in Waipouli, Kaua'i, approx. 125 ft. north of the Kuhi`6 Highway and Ala Road intersection, further identified as Tax Map Key 4-3-009: 036, and affecting a portion of 9,410 sq. ft. = Huttger Beauty Shop. 3. For Acceptance and Finalization — Director's Report for Shoreline Setback Activity Determination. a. Shoreline Setback Commission Review SSCR-2011-9 for a shoreline setback determination, Tax Map Key (4) 4-5-009: 004, Kapa`a, Kaua'i, for acceptance by the Commission=Alan Fishman. 1. Director's Report pertaining to this matter. b. Shoreline Setback Commission Review SSCR-2011-10 for a shoreline setback determination, Tax Map Key (4) 4-9-014: 003, Moloa'a, Kaua'i, for acceptance by the Commission=Norman D. Thompson. 1. Director's Report pertaining to this matter. G. 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 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 April 12,2011 KAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING Lihue Civic Center, Moikeha Building Meeting Room 2A-213 4444 Rice Street,Lihue,Hawaii 96766 Tuesday,April 12,2011,8:00 A.M. AGENDA Call to Order Approval of the Agenda Minutes—Meetings of February 8, 2011,February 22,2011 &March 22,2011 Public Comment for Listed Agenda.Items A. GENERAL BUSINESS MATTERS B. COMMUNICATIONS C. UNFINISHED BUSINESS D. NEW BUSINESS(For Action) 1. Tentative Subdivision Action: a. S-2011-18=Kukui`ula Development 5-lot Subdivision Company(Hawaii)LLC. TMK: 2-6-015:010, 011; 2-6-006:002 Kukui`ula,Kauai 2. Tentative Subdivision Extension Requests: a. S-2008-21 =Princeville Prince Golf Course, 20-lot Subdivision LLC TMK: 5-3-006:001, 014 Princeville, 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 April 12,2011