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Home My WebLink AboutAgenda 3-22-11 web KAUA'I PLANNING COMMISSION REGULAR MEETING Tuesday, March 22, 2011 9:00 A.M. Lihue Civic Center, Moikeha Building Meeting Room 2A-2B 4444 Rice Street, Lihue, Kauai, Hawaii AGENDA Call to Order Swearing In of Commissioner and New Commissioner Approval of the Agenda Receipt of Items for the Record Minutes—Meeting of February 8, 2011 A. GENERAL BUSINESS MATTERS (For Action) 1. Letter (3/15/11) from Chairperson James Nishida, Jr., submitting resignation as Chairperson of the Planning Commission. 2. Selection of Planning Commission Chairperson. 3. Committee Assignments. 4. Status Report (2/26/10) from State of Hawai'i, Department of Land and Natural Resources, State Parks Division, as to Condition No. 3 for Special Management Area Use Permit SMA(U)- 2007-2, Tax Map Key 5-9-008: por. 1, Ha'ena, Kaua'i = State of Hawaii, Department of Land and Natural Resources. a. Staff Report pertaining to this matter. 5. Annual Status Report of Compliance with Permit Conditions (2/22/10) from Naomi U. Kuwaye, Esq., for Special Management Area Use Permit SMA (U)-2006-4, Project Development Use Permit P.D. U-2006-6 and Class IV Zoning Permit Z-IV-2006-9, Tax Map Keys 4-3-2: 15, 16 and 20, Waipouli, Kaua'i= Cocon u t Beach Developm en t, LL C. a. Staff Report pertaining to this matter. 6. Request for Reconsideration (3/9/11) from Carl G. Young, Site Acquisition Consultant, Sprint/Nextel of Use Permit U-2011-6, Variance Permit V-2011-1 and Class IV Zoning Permit Z-IV-2011-6 for a proposed 165' monopine near Halfway Bridge. a. 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 Kaumualii Highway and Kfpu 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.] A. GENERAL BUSINESS MATTERS (For Action) (Cont'd) 7. Executive Session: Pursuant to Hawai'i Revised Statutes Sections 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 Kauai County Charter Section 3.19. This briefing and consultation involves the consideration of the powers, duties, privileges, immunities and/or liabilities of the County as they relate to this agenda item. 8. Executive Session: Pursuant to Hawai'i Revised Statutes Sections 92-4 and 92-5(a)(4), the purpose of this executive session is to consult with the County's legal counsel on questions, issues, status and procedural matters. This consultation involves consideration of the powers, duties, privileges, immunities, and/or liabilities of the Commission and the County as they relate to Compliance with Permit Conditions for Special Management Area Use Permit SMA(U)-2006-5, Project Development Use Permit P. D. U-2006-7 and Class IV Zoning Permit Z-IV-2006-10, Tax Map Key 4-3-007: 027, Wailua, Kaua'i = Coconut Plantation Holdings, LL C. B. COMMUNICATION (For Action) (NONE) C. SUBDIVISION — Action on subdivision matters listed in the Subdivision Committee Agenda (attached). D. UNFINISHED BUSINESS (For Action) 1. Class IV Zoning Permit Z-IV-2010-15, Use Permit U-2010-14 and Special Permit SP-2010-3 to construct and operate a pavilion consisting of an indoor auditorium, conference center, certified kitchen, and an outdoor amphitheater on a property located along Kuhi`6 Highway, approx. 1,500 ft. northwest from the Highway's intersection with Kolo Road, Kilauea, further identified as Tax Map Key 5-2-017: 028, and affecting a 6.55 acre portion of a 15.17 acre property = Anaina Hou, LLC. [Postponed 4/27/10, Director's Report received 6/8/10, Intervenor granted intervenor status and contested case hearing scheduled for September 28, 2010 6/22/10, contested case held 1/11, 1/12, 1/13, 1/28 and 1/31/11.] a. Withdrawal of contested case hearing by stipulation by all parties (3/7/11). b. Report of Hearings Officer, Richard F. Nakamura (3/16/11). c. Supplement No. 1 to Planning Director's Report pertaining to this matter. E. PUBLIC HEARING 1. Continued Public Hearing: a. Zoning Amendment ZA-2011-3 (Draft Bill No. 2386) proposes to add a new Article 28 to Chapter 8 of the Kaua'i County Code 1987, as amended, to authorize the Planning Commission of the County of Kaua'i to process and issue zoning permits, use permits, subdivision approvals, and variance permits for "transient accommodation units" pursuant to the provisions of Article III, Section 3.19 of the Kaua'i County Charter = Kaua'i County Council. [Hearing continued 2/8/11, Information-Only Workshop 2/22/11.] 1. Supplemental I Staff Report pertaining to this matter. 2. New Public Hearing: (NONE) Planning Commission Agenda. March 22,2011 F. NEW BUSINESS 1. For Action— See Agenda E for Project Descriptions. a. Zoning Amendment ZA-2011-3 (Draft Bill No. 2386) =Kaua'i County Council. 2. For Acceptance into Record — Director's Report(s) for Project(s) Scheduled for Public Hearing on 4/12/11. (NONE) 3. For Acceptance and Finalization — Director's Report for Shoreline Setback Activity Determination (NONE) 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 March 22,2011 KAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING Lihue Civic Center, Moikeha Building Meeting Room 2A-213 4444 Rice Street,Lihue,Hawaii 96766 Tuesday,March 22,2011,8:30 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. Final Subdivision Action: a. S-2011-10=Kukui`ula Development Company 2-lot Consolidation (Hawai'i)LL C. TMK: 2-6-016: 056, 057 Kukui`ula,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. March 22,2011