HomeMy WebLinkAboutAgenda 9-13-11 REGULAR MEETING web KAUA'I PLANNING COMMISSION
REGULAR MEETING
Tuesday, September 13, 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. Executive Session: Pursuant to Hawai'i 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 this
executive session to discuss matters pertaining to recent developments in the law addressing
how Planning Commissioners should carry out their responsibilities and duties. The session
is to consult with legal counsel regarding powers, duties, privileges and/or liabilities of the
Planning Commission as it relates to the general responsibilities and duties of the Planning
Commissioners.
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)
1. 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.
[Hearing closed 7/26/11.]
E. PUBLIC HEARING (NONE)
F. NEW BUSINESS
1. For Action—See Agenda E for Project Descriptions. (NONE)
2. For Acceptance into Record — Director's Report(s) for Proiect(s) Scheduled for Public
Hearing on 9/27/11.
a. Use Permit U-2012-04 and Class IV Zoning Permit Z-IV-2012-04 to allow construction
of two (2) columbarium structures within the Kauai Veteran's Cemetery facility in
Hanapepe and Variance Permit V-2012-02 to deviate from the requirements noted in
Section 8-5.5(a) of the Kaua'i County Code (1987) relating to the maximum land
coverage requirements within the Open (0) Zoning District, on property situated on the
west side of Lele Road, approx. 400 ft. south of its intersection with Kaumuali`i
Highway, further identified as Tax Map Key (4) 1-8-008: 038, and containing a total
area of 5.45 acres =State of Hawaii Department of Accounting and General Services
and County of Kauai Department of Parks and Recreation.
1. Director's Report pertaining to this matter.
3. For Acceptance and Finalization — Director's Report for Shoreline Setback Activity
Determination. (NONE)
4. Petition (8/18/11) 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 Robert D. Ferris Trust (TVNC 4183) due to the lack of
75% authorization, Tax Map Key 5-1-6: 2 (CPR Unit 4), Waipake, Kaua'i.
a. Memorandum (9/7/11) from Mike Dahilig, Interim Director of Planning and Secretary,
Kaua'i Planning Commission, to Chair Herman Texeira and Members of the Kaua'i
Planning Commission, recommending the Planning Commission grant the petition for a
contested case hearing.
5. Petition (8/26/11) 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 Laurence Ryan Smith (TVNC 4279) due to the lack of 75%
authorization, Tax Map Key 4-4-3: 69 (CPR Unit 2), Kapa`a Homesteads, Kaua'i .
a. Memorandum (9/7/11) from Mike Dahilig, Interim Director of Planning and Secretary,
Kaua'i Planning Commission, to Chair Herman Texeira and Members of the Kaua'i
Planning Commission, recommending the Planning Commission grant the petition for a
contested case hearing.
G. ANNOUNCEMENTS
1. The next scheduled Planning Commission meeting to be held at 9:00 a.m., or shortly threafter
at the L1hu'e Civic Center, Moikeha Building, Meeting Room 2A-2B, 4444 Rice Street,
Li-hu'e,Kauai, Hawai'i 96766 is on Tuesday, September 27,2011.
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
September 13,2011
KAUAI PLANNING COMMISSION
SUBDIVISION COMMITTEE MEETING
Lihue Civic Center, Moikeha Building
Meeting Room 2A-213
4444 Rice Street, Lihue, Hawaii 96766
Tuesday, September 13,2011, 8:30 A.M.
AGENDA
Call to Order
Approval of the Agenda
Minutes—Meetings of July 12, 2011 &July 26,2011
Public Comment for Listed Agenda Items
A. GENERAL BUSINESS MATTERS
B. COMMUNICATIONS
C. UNFINISHED BUSINESS (For Action)
1. Tentative Subdivision Extension Requests:
a. S-2006-44= George Hoffberg 11-lot Subdivision
TMK: 4-3-003:004
Kapa`a,Kauai
b. S-2009-01 =Alexander&Baldwin 31-lot Subdivision
Properties Inc. TMK: 2-1-001:003, 051
Port Allen,Kauai
D. NEW BUSINESS (For Action)
1. Final Subdivision Action:
a. S-2011-18=Kukui`ula Development(Hawaii) 5-lot Subdivision
Company, LLC. TMK: 2-6-015:010, 011;
2-6-006:002
Kukui`ula,Kauai
2. Tentative Subdivision Extension Requests:
a. S-2008-01 =Stanley B. Narram ore 3-lot Subdivision
TMK: 2-6-014:032
K61oa,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
September 13,2011