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Home My WebLink AboutAgenda 4-26-11 REGULAR MEETING web KAUAI PLANNING COMMISSION REGULAR MEETING Tuesday, April 26, 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 A. GENERAL BUSINESS MATTERS (For Action) 1. Annual Status Report and Request for Extension of Permits and Modification of Conditions for Class IV Zoning Z-IV-2008-5, Use Permit U-2008-2; Special Permit SP-2008-2, Tax Map Key 1-8-001: 001, Manawaiopuna Falls, Hanapepe Valley, Kauai =Island Helicopters Kauai, Inc. a. Staff Report pertaining to this matter. 2. Status Report of Compliance (1/18/11) from Frances Yamada, Wilson Okamoto Corporation (Authorized Agent), relating to Condition No. 10 of Special Management Area Use Permit SMA(U)-2008-11, Tax Map Keys (4) 2-6-002: 012 & 2-6-03: 003, 020, Kukui`ula Kaua'i=Kukui`ula Development Company (Hawai'i), LL C. a. Staff Report pertaining to this matter. 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. 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. B. COMMUNICATION (For Action) (NONE) C. SUBDIVISION — Action on subdivision matters listed in the Subdivision Committee Agenda (attached). D. UNFINISHED BUSINESS (For Action) 1. 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 Kaumuali`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, Deferred, Action based on vote to reconsider, 4/12/11.] a. Supplement No. 3 to Director's Report pertaining to this matter. [Received 4/12/11.] b. Letter (3/30/11) from Carl Young, addressing concerns raised at the previous Planning Commission meeting. [Received 4/12/11.] E. NEW PUBLIC HEARING 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`o 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. [Director's Report accepted 4/12/11.] 2. Special Permit SP-2011-4 to permit use of an existing single family residence for Transient Vacation Rental purposes as permitted by County of Kauai Ordinance No. 904, in Moloa'a, Kaua'i, approx. 220 ft. west of Moloa'a Road, further identified as Tax Map Key 4-9-14: 21, and containing an area of.701 acres =David R. Houston. a. Staff Report pertaining to this matter. F. NEW BUSINESS 1. For Action—See Agenda E for Proiect Descriptions. a. Class IV Zoning Permit Z-IV-2011-09 and Use Permit U-2011-09 = Huttger Beauty Shop. b. Special Permit SP-2011-4=David R. Houston. 2. For Acceptance into Record —Director's Report(s) for Proiect(s) Scheduled for Public Hearing on 5/10/11. a. Use Permit U-2011-12, Special Permit SP-2011-7 and Class IV Zoning Permit Z-IV- 2011-12 to conduct guided tours of an existing botanical farm at a property located on Ahonui Place, approx. 900 ft. west of the Ahonui Place and Kapa Ka Street intersection; further identified as Tax Map Key 5-3-008: 12, and affecting an 8 acre portion of 25.303 acres= William E. Robertson Trust and Lucinda G. McDonald Trust. 1. Director's Report pertaining to this matter. b. Use Permit U-2011-11, Special Permit SP-2011-6 and Class IV Zoning Permit Z-IV- 2011-11 to allow development of a 3MW solar power photovoltaic (PV) system including a series of ground supported flat panels and 12 transformers, on a parcel located along the eastern side of Hapa Road in K61oa, situated directly across St. Rafael Catholic Church, and approx. 2,800 ft. south of its intersection with Weliweli Road, further identified as Tax Map Key 2-8-014: 001 (por.), and affecting a total area of 18.8 acres=AES Solar Power LL C. 1. Director's Report pertaining to this matter. Planning Commission Agenda April 26,2011 F. NEW BUSINESS(Cont'd) 2. For Acceptance into Record —Director's Report(s) for Project(s) Scheduled for Public Hearing on 5/10/11. (Cont'd) c. Use Permit U-2011-10, Special Permit SP-2011-5 and Class IV Zoning Permit Z-IV- 2011-10 to permit the construction and operation of a zip-lining outdoor recreation area at a site located on a cane haul road approx. 1,200 ft. north of the cane haul road's intersection with Kaumuali`i Highway, said intersection is located approx. 0.5 miles east of the Kaumuali`i Highway and Punee Road intersection, further identified as Tax Map Keys 2-7-001: 002 and 2-7-001: 005, and affecting a 7,500 sq. ft. portion of a 1277.276 acre parcel=Zipline Franchising, LL C. 1. Director's Report pertaining to this matter. 3. For Acceptance and Finalization — Director's Report for Shoreline Setback Activity Determination. a. Shoreline Setback Commission Review SSCR-2011-11 for a shoreline setback determination, Tax Map Key (4) 4-3-009: 002, Kapa`a, Kaua'i, for acceptance by the Commission=Dileep G. Bal. 1. Director's Report pertaining to this matter. b. Shoreline Setback Commission Review SSCR-2011-12 for a shoreline setback determination, Tax Map Key (4) 3-5-002: 002, Lihue, Kaua'i, for acceptance by the Commission=Shimokawa Nakamura Inc.,for Kaua'i Marriott Resort. 1. Director's Report pertaining to this matter. c. Shoreline Setback Commission Review SSCR-2011-13 for a shoreline setback determination, Tax Map Key (4) 1-6-003:003, Kaumakani, Kauai for acceptance by the Commission=Robinson Family Partners. 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 26,2011 KAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING Lihue Civic Center, Moikeha Building Meeting Room 2A-213 4444 Rice Street,Lihue,Hawaii 96766 Tuesday,April 26,2011,8:30 A.M. AGENDA Call to Order Approval of the Agenda 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-2002-21 = `Oma`o Ranch Lands, LLC. 5-lot Subdivision TMK: 2-7-003:005 K61oa,Kauai 2. Final Subdivision Action: a. S-2011-04=S. Otsuka Estates, Inc. 4-lot Subdivision TMK: 4-3-009:004 Kapa`a,Kauai b. S-2011-05 =S. Otsuka Estates, Inc. 10-lot Subdivision TMK: 4-3-009:004 Kapa`a,Kauai c. S-2011-06=Kaoaa Sands (Setter-Brown, Inc) 2-lot Subdivision TMK: 4-3-002:002 Kapa`a,Kauai d. S-2011-07= Gary L. Blaich 2-lot Subdivision TMK: 4-3-009:029 Kapa`a,Kauai e. S-2011-08= Gregory&Susan Strickland 2-lot Subdivision TMK: 4-3-009:038 Kapa`a,Kauai f. S-2011-09=J. Frederick/Gary E. Bolster(aka. Kauai 10-lot Subdivision Kai)/Creighton S. Fuji/Masakatsu &Mieko Katsura TMK: 4-3-009:041, 032, 071 Kapa`a,Kauai Planning Commission Agenda April 26,2011 D. NEW BUSINESS—Cont'd(For Action) 3. Tentative Subdivision Extension Requests: a. 5-2009-08=KMN, LLC. 10-lot Subdivision TMK: 4-1-006:107 Wailua,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 26,2011