HomeMy WebLinkAboutAgenda 6-14-11 REGULAR MEETING KAUAI PLANNING COMMISSION
REGULAR MEETING
Tuesday, June 14, 2011
10:00 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—Meetings of May 10, 2011 and May 24, 2011
A. GENERAL BUSINESS MATTERS (For Action)
1. Annual Progress Report for the Lihu'e Town Core Design Plan pursuant to K.C.C. Section
10-5A.11, "Implementation of the Lihu'e Town Core Urban Design Plan."
a. Informational Report pertaining to this matter.
2. Executive Session: Pursuant to Hawaii Revised Statutes 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 legal claims and remedies
associated with Civil Case No. 08-1-0006 regarding WAYNE R. DANIEL, Individually and
as TRUSTEE OF THE WAYNE R. DANIEL SELF-TRUSTED TRUST DATED
FEBRUARY 18, 1999, v. KODANI AND ASSOCIATES, INC., a Hawaii corporation, and
CLYDE T. KODANI; COUNTY OF KAUAI, COUNTY OF KAUAI PLANNING
COMMISSION, COUNTY OF KAUAI PLANNING DEPARTMENT, IAN K. COSTA, in
his official capacity as the Director of Planning et al. 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.
3. Executive Session: Pursuant to Hawaii Revised Statutes 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 legal claims and remedies
associated with Civil Case No. 10-1-0026 regarding R313ST, LLC v. THE COUNTY OF
KAUAI; COUNTY OF KAUAI PLANNING DEPARTMENT; COUNTY OF KAUAI
PLANNING COMMISSION; MICHAEL A. DAHILIG, in his official capacity as Director
of Planning; JAMES NISHIDA, in his official capacity as Kauai Planning Commissioner
and Chair; HARTWELL BLAKE, JAN KIMURA, CAMILLA MATSUMOTO, PAULA
MORIKAMI, CAVEN RACO and HERMAN TEXEIRA, in their official capacities as
Kaua'i Planning Commissioners. 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.
4. Executive Session: Pursuant to Hawaii Revised Statutes 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 legal claims and remedies
associated with Civil Case No. 5CC 10-1-0161 regarding MICHAEL G. SHEEHAN vs.
COUNTY OF KAUAI, COUNTY OF KAUAI PLANNING COMMISSION, et al.. 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)
5. Executive Session: Pursuant to the Hawai'i Revised Statutes Section 92-4 and 92-5(a)(2 and
4), the purpose of this executive session is to consult with legal counsel regarding powers,
duties, privileges, immunities, and/or liabilities of the Planning Commission as it relates to
options available for the selection of the Director of Planning pursuant to Charter of the
County of Kaua'i Sectionl4.04.
B. COMMUNICATION (For Action)
1. Memorandum (5/31/11) from Interim Planning Director Michael Dahilig to Chair Herman
Texeira and Members of the Planning Commission, requesting delegation of authority to
conduct public hearings on behalf of the Commission.
C. SUBDIVISION — Action on subdivision matters listed in the Subdivision Committee Agenda
(attached). (NONE)
D. UNFINISHED BUSINESS (For Action) (NONE)
E. PUBLIC HEARING
1. New Public Hearings:
a. Use Permit U-2011-13 and Class IV Zoning Permit Z-IV-2011-13 to allow conversion
of an existing structure into a commercial beauty salon, on a parcel located along the
northern side of K61oa Road in K61oa, situated approx. 300 ft. west of its intersection
with Maluhia Road, further identified as Tax Map Key 2-8-006: 025 (por.) with a land
area of 8.63 acres= Valerie Murray. [Director's Report received 5/24/11.]
b. 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 land approx. 9,410 sq. ft. = Eric and Jeannette Huttger.
[Director's Report received 4/12/11.]
1. Letters in Support of Application from:
a. Mrs. Ambrose Curry, Marta's Boat (12/30/10) with numerous other supporters
attached.
b. R. ValnetBobby V's Italian Restaurant(Undated).
c. Susan L. Marshall (5/30/11).
d. Paul and Nancy Andrade (5/22/11).
e. Sandi O'Shaughnessy (5/29/11).
f. Lorren Van Fossen CEO, Prudential All Star Realty, Inc. (5/31/11).
g. JoAnna J-V Davis (5/31/11).
h. Sonya Raines, Spa by the Sea(5/20/11).
i. Michael Lind, Hydrate Hawai'i (5/27/11).
j. Ryoichi Ogawa, D.C., Ogawa Chiropractor(4/26/11).
k. Jason Barth and Heather Barth(4/27/11).
1. Sue Maruyama-Strickland and Greg Strickland(4/27/11).
2. Continued Public Hearing: (NONE)
F. NEW BUSINESS
1. For Action—See Agenda E for Proiect Descriptions.
a. Use Permit U-2011-13 and Class IV Zoning Permit Z-IV-2011-13 = Valerie Murray.
b. Class IV Zoning Permit Z-IV-2011-09 and Use Permit U-2011-09 = Eric and Jeannette
Hu ttger.
2. For Acceptance into Record —Director's Report(s) for Project(s) Scheduled for Public
Hearing on 6/28/11. (NONE)
Planning Commission Agenda
June 14,2011
F. NEW BUSINESS(Cont'd)
3. For Acceptance and Finalization — Director's Report for Shoreline Setback Activity
Determination.
a. Shoreline Setback Commission Review SSCR-2011-14 for a shoreline setback
determination, Tax Map Key (4) 4-9-005: 005, 'Aliomanu, Kaua'i, for acceptance by the
Commission=Richard S. Hill Trust.
1. Director's Report pertaining to this matter.
b. Shoreline Setback Commission Review SSCR-2011-15 for a shoreline setback
determination, Moanakai Road, Kapa`a, Kaua'i for acceptance by the Commission =
County of Kauai, Department of Water.
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
June 14,2011