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Home My WebLink AboutAgenda 8-30-11 REGULAR MEETING web KAUAI PLANNING COMMISSION REGULAR MEETING Tuesday, August 30, 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—Meetings of July 26, 2011 and August 9, 2011 A. GENERAL BUSINESS MATTERS (For Action) (NONE) B. COMMUNICATION (For Action) (NONE) C. SUBDIVISION — Action on subdivision matters listed in the Subdivision Committee Agenda (attached). D. UNFINISHED BUSINESS (For Action) (NONE) E. PUBLIC HEARING 1. Continued Public Hearing: (NONE) 2. New Public Hearing: a. Use Permit U-2012-01, Special Permit SP-2012-02 and Class IV Zoning Permit Z-IV- 2012-01 to permit the construction and operation of a zip lining outdoor recreation area. The staging area for the zip lining activities is proposed to be located at that area generally referred to as the K61oa Mill, located approx. 2,600 ft. east of Ala Kinoiki Road, further identified as Tax Map Key 2-9-002: 001. The zip lining outdoor recreation area is proposed to be located at a site on a cane haul road approx. 1.75 miles north of that area generally referred to as the K61oa Mill, further identified as Tax Map Keys 2-8-001: 001 and 2-8-002: 001, and affecting an approx. 2.66 acres = Koloa Zipline, LLC [Director's Report received 8/9/11.] 1. Letter (8/22/11) from John Jardin, Vice-President, Garden Isle Bassmasters, in support of application. b. Use Permit U-2012-02, Variance Permit V-2012-01 and Class IV Zoning Permit Z-IV- 2012-02 to permit the construction and operation of a telecommunication facility that includes a 120 ft. high stealth monopine (a monopine designed to look like a pine tree) and associated equipment at a site located on a cane haul road approx. 500 ft. north of the cane haul road's intersection with Kaumuali`i Highway intersection, said intersection is located approx. 2,600 ft. west of the Kaumuali`i Highway and Aakukui Road intersection, further identified as Tax Map Key 3-4-005: 018, and affecting a 2,500 sq. ft. portion of a 25.42 acre parcel = Verizon Wireless. [Director's Report received 8/9/11.] E. PUBLIC HEARING (Cont'd) 2. New Public Hearing: (Cont'd) c. Use Permit U-2012-03 and Class IV Zoning Permit Z-IV-2012-03 to construct a single- family residence on a parcel located along the northern side of Waikomo Road in K61oa, situated approx. 250 ft. south of its intersection with Weliweli Road, further identified as Tax Map Key 2-8-009: 018, and containing a total land area of 12,721 sq. ft. = Peter Thielen Construction. [Director's Report received 8/9/11.] d. Zoning Amendment ZA-2012-1 proposes amendments to Chapter 8, Article 7 of the Kauai County Code to clarify permitting requirements concerning farm worker housing. County of Kauai, Plan n ing Departm en t. 1. Staff Report pertaining to this matter. e. 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 Kaua'i, Planning Commission. 1. Director's Report pertaining to this matter. F. NEW BUSINESS 1. For Action— See Agenda E for Protect Descriptions. a. Use Permit U-2012-01, Special Permit SP-2012-02 and Class IV Zoning Permit Z-IV- 2012-01 =Koloa Zipline, LLC. b. Use Permit U-2012-02, Variance Permit V-2012-01 and Class IV Zoning Permit Z-IV- 2012-02 = Verizon Wireless. c. Use Permit U-2012-03 and Class IV Zoning Permit Z-IV-2012-03 = Peter Thielen Construction. d. Zoning Amendment ZA-2012-1 = County of Kauai, Planning Department. e. 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 Kaua'i, Planning Commission. 2. For Acceptance into Record — Director's Report(s) for Proiect(s) Scheduled for Public Hearing on 9/13/11. (NONE) 3. For Acceptance and Finalization — Director's Report for Shoreline Setback Activity Determination. (NONE) 4. Petition (8/9/11) from Jonathan Chun, Esq., to Appeal the Decision of the Planning Director; Exhibits "A" and "B"; Certificate of Service for the issuance of a Non- Conforming Use Certificate for the Diane Leiding Trust (TVNC 4278) due to the lack of 75% authorization, Tax Map Key 4-4-3: 69 (CPR Unit 3), Kapa`a Homesteads, Kaua'i and Amendment to Petition (8/12/11) from Jonathan Chun, Esq., to Appeal the Decision of the Planning Director; Certificate of Service. a. Letter (8/22/11) from Jonathan Chun, Esq., demanding a contested case hearing before the Planning Commission under HRS Section 91-14 regarding the Department's denial or refusal to process the above application for a Nonconforming Use Certificate and a State Special Permit. Planning Commission Agenda August 30,2011 F. NEW BUSINESS (Cont'd) 5. Interim Director Michael A. Dahilig's Motion to Dismiss Sandy Saemann's Notice of Appeal to the Planning Commission, Designation of Record on Appeal and Statement of the Case for Untimely Filing. a. Notice of Appeal to the Planning Commission; Designation of Record on Appeal; Statement of the Case; Exhibit "A'; Certificate of Service (7/21/11) from Sandy Saemann, Trustee. b. Interim Director Michael A. Dahilig's Motion to Dismiss Sandy Saemann's Notice of Appeal to the Planning Commission, Designation of Record on Appeal and Statement of the Case for Untimely Filing; Memorandum in Support of Motion; Declaration of Dee Crowell; Certificate of Service (8/16/11) from Alfred B. Castillo, Jr., Esq., and Ian K. Jung, Esq., Attorneys for Interim Director of Planning. c. Appellant's Response to Interim Director Michael A. Dahilig's Motion to Dismiss Sandy Saemann's Notice of Appeal to the Planning Commission, Designation of Record on Appeal and Statement of the Case for Untimely Filing; Declaration of Lorna A. Nishimitsu: Exhibits "A" through "C"; Certificate of Service (8/22/11) from Lorna A. Nishimitsu, Esq. Attorney for Appellant. G. ANNOUNCEMENTS 1. The next scheduled Planning Commission meeting 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, Kauai, Hawai'i 96766 is on Tuesday, September 13,2011. 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 August 30,2011 KAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING Lihue Civic Center, Moikeha Building Meeting Room 2A-2B 4444 Rice Street, Lihue, Hawaii 96766 Tuesday,August 30,2011,8:30 A.M. AGENDA Call to Order Approval of the Agenda 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-2008-19=State of Hawaii—Dept. of Land 3-lot Subdivision &Natural Resources (DLNR) TMK: 4-5-015:006, 028 Kapa`a,Kauai b. S-2010-09= Wailua Kayak LLC. 2-lot Subdivision TMK: 4-1-006:034 Wailua,Kauai 3. Tentative Subdivision Extension Requests: a. S-99-45 =Allen Family LLC./Moloa`a Bay 14-lot Subdivision Ven to res LL C ITh e Th ree Stooges LL C. TMK: 4-4-003:001 Kapa`a,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 August 30,2011