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Home My WebLink AboutAgenda 7-26-11 REGULAR MEETINGweb KAUAI PLANNING COMMISSION REGULAR MEETING Tuesday, July 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 Minutes—Meeting of June 28, 2011 A. GENERAL BUSINESS MATTERS (For Action) 1. 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. 2. Executive Session: Pursuant to Hawaii Revised Statutes Sections 92-5(a)(2 and 4) 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 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) I. 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. [Deferred 7/12/11.] 2. Special Permit SP-2011-27 to permit use of an existing single family residence for Transient Vacation Rental purposes as permitted by County of Kaua'i Ordinance No. 904, in the Wailapa Agricultural Subdivision, Kaua'i, approx. 2,700 ft. north of the Kuhi`o Highway and Wailapa Street intersection, further identified as Tax Map Key 5-1-5: 15 (5) and containing an area of 1.445 acres of the overall 22.10 acre site =Bruce & Cynthia Fehring. [Hearing closed 7/12/11.] a. Supplemental Staff Report pertaining to this matter. D. UNFINISHED BUSINESS (For Action) (Cont'd) 3. Supplemental letter (6/23/11) from Walton Hong, Esq., to address concerns raised at the January 25, 2011 Planning Commission meeting regarding an amendment and extension request for Special Permit SP-2001-5, Use Permit U-2001-8 and Class IV Zoning Permit Z- IV-2001-10, Tax Map Keys 2-7-001: 001, 2-8-001: 003, 2-8-022: 028, 2-9-001: 001, 2-9- 002: 001, 2-2-003: 001, 2-9-003: 006, 3-4-001: 001, and 3-4-006: 001, K61oa, Kaua'i — Kaua'i ATV, LL C. a. Supplemental Staff Report pertaining to this matter. E. PUBLIC HEARING 1. Continued Public Hearing: (NONE) 2. New Public Hearing: a. Use Permit U-2011-16 and Class IV Zoning Permit Z-IV-2011-16 to construct a new health care facility and storage building on a parcel located along Kapule Highway in Lihu'e, immediately adjacent to the Kaua'i Veteran Center, affecting a parcel approx. 3.29 acres in size, further identified as Tax Map Key (4) 3-6-002: 024 = Kaua'i Veterans Council. [Director's Report received 7/12/11.] 1. Supplemental Staff Report pertaining to this matter. b. Special Management Area Use Permit SMA(U)-2011-3 for the construction of an additional dwelling unit, located in Po'ipu, Kaua'i, Tax Map Key 2-8-018: 005 =Karen &Brent Olson. 1. Staff Report pertaining to this matter. c. Use Permit U-2011-17 and Class IV Zoning Permit Z-IV-2011-17 to improve an existing pedestrian way as a shared use path for pedestrians and bicyclists starting from the Kuhi`6 Highway/Kawaihau Road intersection to Gore Park in Kapa`a, for a distance of approx. one-half mile (2,570 linear feet), affecting a parcel approx. 12.831 acres in size, and further identified as Tax Map Key (4) 4-6-014: 030 (por.) = County of Kauai, Department of Public Works. [Director's Report received 7/12/11.] 1. Supplemental Staff Report pertaining to this matter. 2. Petition dated July 19, 2011 by Waldeen Palmeira, Noelani Joseelin and Likookalani Martin on behalf of Hui na Makaiwa o Wailuanuiaho`ano requesting intervenor status pursuant to Chapter 4 of the Rules of Practice and Procedure of the Kauai Planning Commission. (For Oral Arguments and Action) F. NEW BUSINESS 1. For Action— See Agenda E for Project Descriptions. a. Use Permit U-2011-16 and Class IV Zoning Permit Z-IV-2011-16 Kauai Veterans Council. b. Special Management Area Use Permit SMA(U)-2011-3 =Karen &Brent Olson. c. Use Permit U-2011-17 and Class IV Zoning Permit Z-IV-2011-17 = County of Kauai, Department of Public Works. 2. For Acceptance into Record — Director's Report(s) for Proiect(s) Scheduled for Public Hearing on 8/9/11. (NONE) 3. For Acceptance and Finalization — Director's Report for Shoreline Setback Activity Determination. (NONE) Planning Commission Agenda July 26,2011 G. ANNOUNCEMENTS 1. The next two scheduled Planning Commission meetings to be held at 9:00 a.m. at the Lihu'e Civic Center, Moikeha Building, Meeting Room 2A-2B, 4444 Rice Street, Lihu'e, Kauai, Hawai'i 96766 are on Tuesday,August 9,2011 and Tuesday,August 30, 2011. H. 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 July 26,2011 KAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING Lihue Civic Center, Moikeha Building Meeting Room 2A-2B 4444 Rice Street, Lihue, Hawaii 96766 Tuesday,July 26,2011, 8:30 A.M. AGENDA Call to Order Approval of the Agenda A. GENERAL BUSINESS MATTERS MATTERS (For Action) 1. Letter (7/12/11) from Max W. J. Graham, Jr., Esq., providing an status report on the Conditions of Tentative Approval, relating to a 3-lot boundary adjustment within the Agriculture (A) zoning district, Subdivision Application No. S-2010-06, Tax Map Key: (4) 4-4-004:003, 028, & 053, Kapa`a Homesteads = Patrick L. Ibbs & Stephanie A. Ibbs, et.al. B. COMMUNICATIONS C. UNFINISHED BUSINESS D. NEW BUSINESS (For Action) 1. Tentative Subdivision Extension Requests: a. S-2008-04=Niu Pia Land Company, Ltd. 23-lot Subdivision TMK: 4-4-002:012, 013, 015, 088 Wailua Homesteads, Kauai b. S-2009-13 = Grove Farm Properties, Inc. 99-lot Subdivision TMK: 3-3-003:041 (Por.) Lihu`e, Kauai c. S-2009-14= Grove Farm Properties, Inc. 20-lot Subdivision TMK: 3-3-003:041 (Por.) Lihu`e,Kauai d. S-2009-15 = Grove Farm Properties, Inc. 109-lot Subdivision TMK: 3-3-003:041 (Por.) Lihu`e,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 July 26,2011