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Home My WebLink Aboutpc524 t f RECEIVED KAUA'I PLANNING COMMIS SION 111 MAY 18 P1237 REGULAR MEETING Tuesday, May 24, 2011 THE COUNTY � COUNTY OF 0J. 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 April 26, 2011 A. GENERAL BUSINESS MATTERS (For Action) 1. "Pursuant to Hawaii Revised Statutes Sections 92-4 and 92-5(a)(4), and Kauai 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 Civil Case No. 08-1-0006 regarding WAYNE R. DANIEL, Individually and as TRUSTEE OF THE WAYNE R DANIEL SELF-TRUSTEED 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." 2. "Pursuant to Hawai'i Revised Statutes Sections 92-4 and 92-5(a)(4), and Kauai 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 Civil Case No. 10-1-0026 regarding R3BST 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, 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 Kauai 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." 3. Status Report (4/28/11) from Walton D. Y. Hong, Esq., as to its efforts to relocate a cement batch plant for Use Permit U-89-47, Special Permit SP-89-20, Class IV Zoning Permit Z-IV-89-53, Tax Map Key 5-3-6. por. 14, Princeville, Kauai = Glover Honsador LLC. a. Supplemental Staff Report pertaining to this matter. 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. New Public Hearings: a. WITHDRAWN - Amendment to Class IV Zoning Permit Z-IV-88-28, Use Permit U- 88-23, and Special Permit SP-88-3 to extend the hours of operation for an existing, previously permitted food service operation on property located along Kuawa Road, approx. 0.50 miles south of the Kuawa Road and Kuhi`o Highway intersection, Kilauea, Kauai; further identified as Tax Map Key 5-2-013: 012, and affecting an approx. 1 acre portion of a 46.587 acre property= Common Ground Kauai,LLC. 1. Letter (5/4/2011) from Chris Jaeb, President, Common Ground Kaua'i, LLC formally withdrawing request for amending permits. b. Special Permit SP-2011-10 to permit use of an existing single family residence for Transient Vacation Rental purposes as permitted by County of Kauai Ordinance 904, in Kilauea, Kaua'i, approx. 3,400 ft, west of Kauapea Road and Kilauea Lighthouse Road intersection, further identified as Tax Map Key 5-2-5: 31, Unit A, and containing an area of 4.149 acres=Michael J. Piuze. 1. Staff Report pertaining to this matter. c. POSTPONED - Special Permit SP-2011-8 to permit use of an existing single family residence for Transient Vacation Rental purposes as permitted by County of Kauai Ordinance No. 904, in Kilauea, Kauai, approx. 3,600 ft. west of Kauapea Road and Kilauea Lighthouse Road intersection, further identified as Tax Map Key 5-2-5: 32, and containing an area of 5.325 acres=Justin Hughes and Michele Hughes, Co-Trustees. 1. Letter (5110/11) from Lorna Nishimitsu, Esq., requesting rescheduling of public hearing until a date after the State Board of Land and Natural Resources has concluded its processing of the Environmental Assessment and Conservation District Use Permit application for Tax Map Key 5-2-05: 36. d. POSTPONED - Special Permit SP-2011-9 to permit use of an existing single family residence for Transient Vacation Rental purposes as permitted by County of Kauai Ordinance No. 904, in Kilauea, Kaua'i, approx. 3,800 ft. west of Kauapea Road and Kilauea Lighthouse Road intersection, further identified as Tax Map Key 5-2-5: 33, and containing an area of 5.030 acres. ,Tustin Hughes and Michele Hughes, Co-Trustees. 1. Letter (5/10/11) from Lorna Nishimitsu, Esq., requesting rescheduling of public hearing until a date after the State Board of Land and Natural Resources has concluded its processing of the Environmental Assessment and Conservation District Use Permit application for Tax Map Key 5-2-05: 36. 2. Continued Public Hearins: a. Use Permit U-2011-12, Special Permit SP-2011-7 and Class IV Zoning Permit Z-IV- 2011-12 to conduct guided tours of an existing botanical farm at a property located on Ahonui Place, approx. 900 ft. west of the Ahonui Place and Kapa Ka Street intersection; further identified as Tax Map Key 5-3-008: 12, and affecting an 8 acre portion of 25.303 acres = William E. Robertson Trust and Lucinda G. McDonald Trust. [Director's Report received 4/26/11, hearing continued 5110/11.1 1. Supplemental No. I Director's Report pertaining to this matter. b. Zoning Amendment ZA-2011-3 (Draft Bill No. 2386) proposes to add a new Article.28 to Chapter 8 of the Kauai County Code 1987, as amended, to authorize the Planning Commission of the County of Kauai 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 Kauai County Charter ,Kaua'i County Council. [Hearing continued 2/8/11, Information-Only Workshop 2/22/11.] 1. Supplemental No. 1 Staff Report pertaining to this matter. Planning Commission Agenda May 24,2011 F. NEW BUSINESS 1. For Action—See Agenda E for Project Descriptions. a. WITHDRAWN - Class IV Zoning Permit Z-IV-88-28, Use Permit U-88-23, and Special Permit SP-88-3 = Common Ground Kaua'i, LLC. b. Special Permit SP-2011-10 =Michael J. Piuze. c. POSTPONED - Special Permit SP-2011-8 = Justin Hughes and Michele Hughes, Co- Trustees. d. POSTPONED - Special Permit SP-2011-9 =Justin Hughes and Michele Hughes, Co- Trustees. e. Use Permit U-2011-12, Special Permit SP-2011-7 and Class IV Zoning Permit Z-IV- 2011-12= William E. Robertson Trust and Lucinda G. McDonald Trust. f Zoning Amendment ZA-2011-3 =Kaua'i County Council. 2. For Acceptance into Record —Director's Reports for Project(s) Scheduled for Public Hearing on 6114111. 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 (par.) with a land area of 8.63 acres = Valerie Murray. 1. Director's Report pertaining to this matter. 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, Kauai, 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. 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 Iisted 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 May 24,2011 KAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING Lihue Civic Center, Moikeha Building Meeting Room 2A-2B 4444 Rice Street,Lihue, Hawaii 96766 Tuesday,May 24,2011, 8:30 A.M. AGENDA Call to Order Approval of the Agenda Minutes—Meeting of April 12, 2011 Public Comment for Listed Agenda Items A. GENERAL BUSINESS MATTERS B. COMMUNICATIONS C. UNFINISHED BUSINESS D. NEW BUSINESS (For Action) 1. Tentative Subdivision Action: a. S-2011-20=Kukui`ula Development 6-lot Subdivision Company (Hawaii)LLG TMK: 2-6-019,026, 029 Kukui`ula,Kaua`i E. ADJOURNMENT NOTE: Special accommodations for persons with disabilities are available upon request five (5) days prior to the meeting date, to the County Planning Department, 4444 Rice Street, Suite 473, Kapule Building,Lihu`e, Hawaii 96766. Telephone: (808) 241-4050 Planning Commission Agenda May 24,2011