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Home My WebLink About3-27-13 Planning Commision Agenda KAUA'I PLANNING CONI IISSION REGULAR MEETING Wednesday, March 27, 2013 9:00 a.m. or Soon Thereafter Lihu'c Civic Center, Moikcha Building Meeting Room 2A-2B 4444 Rice Street, Li-hu'c, Kaua'i, Hawai'i AGENDA A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA D. MINUTES of the meetine(s) of the Planning Commission 1. Special Meeting of February 26, 2013 2. Regular Meeting of February 26, 2013 3. Regular Meeting of March 12, 2013 E. RECEIPT OF ITEMS FOR THE RECORD F. HEARINGS AND PUBLIC COMMENT Individuals may orally testify on items on this agenda during the Public Comment Period. Please call the Planning Department prior to the meeting or notify Commission Staff at the meeting site. Testimony may also be accepted when the agenda item is taken up by the Commission at the discretion of the Chair. Testifiers shall limit their testimony to three (3) minutes, but may be extended longer at the discretion of the Chair. Written testimony is also accepted. An original and twelve (12) copies of written testimony can be hand delivered to the Planning Department or submitted to Commission Staff at the meeting site. 1. Continued Agency Hearing a. Class IV Zoning Permit Z-IV-2013-12, Use Permit U-2013-11 and Variance Permit V-2013-4 to allow installation and height variance for an 80 ft. high monopine tower that includes twelve (12) panel antennas on a parcel situated in Kilauea, along the western side of Kilauea Lighthouse Road, immediately adjacent to the Kaua'i Christian Academy facility, further identified as Tax Map Key 5-2-004: 102, and affecting a portion of a larger parcel approx. 13.203 acres in size =New Ciugular Wireless PCS, LLC(AT&T). [Director's Report received 2/26/13, hearing continued 3/12/13.] 1. Letter (3/21/13) from the applicant requesting that the agency hearing be continued to the Planning Commission's April 9, 2013 meeting. V:\2013 Master FllesV Commissions\PlanningVAgenda\327-13 Planning Commision Agenda.docx F. HEARINGS AND PUBLIC COMMENT (Cont'd) 1. Continued Agency Hearing (Cont'd) a. Class IV Zoning Permit Z-IV-2013-12, Use Permit U-2013-11 and Variance Permit V-2013-4 —New Cingular Wireless PCS, LLC(AT&T). (Cont'd) 2. Form Letters w/attachment (Undated, Received 3/20/13) from: Lori Patch; Thomas Patch; Kira Lum; Sarah Mangold; Yantini Wood; Casey Londieke; Michele Yardley; Robert Cates; S. Martin; Patrick Navarro; Jacob Saylor; JoAnn McDonald & Joseph Finley Jr., Wendell Jendell; Cindy Sandobal; Joshua Sandobal; Jack Amy, in opposition to application. 2. New Agency Hearing a. Class IV Zoning Permit Z-IV-2013-13 to permit the construction of a dialysis treatment facility and several office buildings on a parcel situated in Lrhu'e, along the northern side of the Ahukini Road/Elua Street intersection, further identified as Tax Map Key 3-7-001: 034, and containing a total area of 3.223 acres =HRT Realty, LLC. [Director's Report received 3/12/13/.] 3. Continued Public Hearing (NONE) 4. New Public Hearing (NONE) 5. All public testimony pursuant to FIRS 92 G. CONSENT CALENDAR 1. Status Reports a. Status Report No. 4 (2012) for Project Development Use Permit PDU-2007-24 and Class IV Zoning Permit Z-IV-2007-28, Tax Map Key 2-6-004: 019 (Por.), Koloa, Kaua'i =Kukui`ula Development Company (Hawai'i), LLC. 1. Staff Report pertaining to this matter. 2. Director's Report(s) for Proiect(s) Scheduled for Agency Hearing on 4/9/13 a. Modification of Class IV Zoning Permit Z-IV-2008-6, Use Permit U-2008-4 and Special Management Area Use Permit SMA(U)-2008-5,to construct a manager's house and maintenance building on a parcel situated along the mauka side of Kahili Quarry Road in Kilauea, approx. 1 mile east of the Kilauea Road/Kahili Quarry Road intersection, further identified as Tax Map Key 5-2-012: 035, and containing a total area of approx. 161.88 acres = Charles M. Somers/West Sunset 32 Phase 1, LLC. 1. Director's Report pertaining to this matter. 3. Shoreline Setback Activitv Determination a. Shoreline Setback Commission Review SSCR-2013-13 and Shoreline Determination SSD-2013-29 for a shoreline activity determination, Tax Map Key 2-8-017: 005, Po'ipu, Kaua'i, for acceptance by the Commission = Evan Goldberg. 1. Director's Report pertaining to this matter. H. EXECUTIVE SESSION 1. Pursuant to Hawai'i 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 Planning Director. This session pertains to the Planning 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 Planning Director. 2. 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 the consideration o the powers, duties privileges, immunities and/or liabilities of the Planning Commission and the County as they relate to Federal Telecommunications Act of 1996 and Class IV Zoning Permit Z-IV-2013-12, Use Permit U-2013-11 and Variance Permit V-2013-4, Tax Map Key 5-2-004: 102, Kilauea, Kaua'i — New Cingular Wireless PCS, LLC(AT&T). L GENERAL BUSINESS MATTERS 1. Presentation of Draft Final Important Agricultural Lauds Study Report. [Removed from agenda 3/12/13.] a. Director's Report pertaining to this matter. J. COMMUNICATION (For Action) (NONE) K. COMMITTEE REPORTS 1. Subdivision Subdivision Action matters listed in the Subdivision Committee Agenda(attached). L. UNFINISHED BUSINESS (For Action) (NONE) M. NEW BUSINESS 1. For Action— See Agenda F for Proiect Descriptions N. ANNOUNCEMENTS 1. The following scheduled Planning Commission meeting will be held at 9:00 a.m., or shortly thereafter at the Lihu'e Civic Center, Moikeha Building, Meeting Room 2A- 213, 4444 Rice Street, Lihu'e, Kaua'i, Hawai'i 96766 on Tuesday,April 9,2013. O. 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. KAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING Lihue Civic Center, Moikeha Building Meeting Room 2A-2B 4444 Rice Street, Lihue, Hawaii 96766 Wednesday, March 27,2013, 8:30 A.M. AGENDA Call to Order Approval of the Agenda Minutes —Meeting of March 12, 2013 A. GENERAL BUSINESS MATTERS B. COMMUNICATIONS C. UNFINISHED BUSINESS D. NEW BUSINESS (For Action) 1. Tentative Subdivision Action: a. S-2013-12 =John W.K. & Teresa S. Driver 2-lot Boundary Adjustment TMK: 1-2-008:003 Krkiaola, 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.