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Home My WebLink About5-13-14 Planning Commision Agenda webKAUA'I PLANNING COMMISSION REGULAR MEETING Tuesday, May 13, 2014 9:00 a.m. or Soon Thereafter Lihu'e Civic Center, Moikeha Building Meeting Room4442A -2B 4444 Rice Street, Lihu'e, Kauai, Hawai'i AGENDA A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA D. MINUTES of the meeting(s) of the Planning Commission 1. Meeting of April 8, 2014 2. Meeting of April 22, 2014 E. RECEIPT OF ITEMS FOR THE RECORD F. HEARINGS AND PUBLIC COMMENT (Noticed hearings will not commence until 9:00 a.m. or soon thereafter.) 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 shall also be accepted when the agenda item is taken up by the Commission. However if an individual has already testified during this period, additional testimony at the agenda item testimony may be allowed 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 (NONE) 2. New Agency Hearing a. Class IV Zoning Permit Z -IV- 2014 -11 and Use Permit U- 2014 -10 to construct and operate a library facility on a property located at the corner of Kawaihau Road and Mailihuna Road, further identified as Tax Map Key 4 -6 -014: 0031, on a portion of a total property area of approx. 52.166 acres = State of Hawai'i, Department of Education. [Director's Report received 4/22/14.] 1. Supplemental No. 1 Director's Report pertaining to this matter. F. HEARINGS AND PUBLIC COMMENT (Cont'd) 3. Continued Public Hearing ( NONE) 4. New Public Hearing (NONE) 5. All remaining public testimony pursuant to HRS 92 (Sunshine Law) G. CONSENT CALENDAR 1. Status Reports a. 2014 Annual Status Report from David Pirie, Materials Superintendent, Jas W. Glover, Ltd., for Class IV Zoning Permit Z- IV- 92 -38, Use Permit U -92 -36 and Special Permit SP -92 -6, Tax Map Keys (4) 2 -9 -006: 005 & 006 (Por.) = Grove Farm Company (Owner) /Jas W. Glover, Ltd. (Lessee) 1. Director's Report pertaining to this matter. 2. Director's Report(s) for Proiect(s) Scheduled for Agency Hearing on 5/27/14 a. Class IV Zoning Permit Z -IV- 2014 -12, Use Permit U- 2014 -11 and Variance Permit V- 2014-3 to allow installation and height variance for a 100 ft. high stealth monopine tower and associated equipment on a parcel situated in Lihu'e, immediately west of the Kaua'i Humane Society facility and along the mauka side of Kaumuali`i Highway, further identified as Tax Map Key 3 -4 -005: 018, affecting a 2,500 sq. ft. portion of a larger parcel approx. 25.42 acres in size = Verizon Wireless 1. Director's Report pertaining to this matter. 3. Shoreline Setback Activity Determination (NONE) H. EXECUTIVE SESSION I. GENERAL BUSINESS MATTERS 1. Petition for Declaratory Ruling, Tax Map Key 4 -9 -005: 014 and 4 -9 -009: 033, regarding Facilities Clearance forms for Additional Dwelling Units for Property located in Koolau, Anahola, County of Kaua'i, State of Hawai'i = Jeffrey S. Lindner and Ana Marie Lindner. 2. Letter dated February 27, 2014 from Attorney and Counsellor at Law Harold Bronstein regarding the Planning Commission's June 8, 2010 approval for Building Location, Material Design Review for Lot 12, Wainiha Subdivision, S -84 -58 (Tax Map Key (4) 5 -8- 009 -051, Ha'ena, Kaua'i, Hawai'i) and to render the Shoreline Setback Determination (SSD -2010- 1) /Shoreline Setback Commission Report (SSCR- 2010 -1) and design review approval as null and void pursuant to the Hawai'i Supreme Court's opinion filed on January 27, 2014 in the consolidated cases SCWC -30573 and SCWC -11- 0000345 = Craig Dobin. J. COMMUNICATION (For Action) (NONE) 5/13/14 Planning Commission Agenda 2 K. COMMITTEE REPORTS 1. Subdivision Subdivision Action matters listed in the Subdivision Committee Agenda (attached). L. UNFINISHED BUSINESS (For Action) M. NEW BUSINESS 1. For Action — See Agenda F for Project Descriptions N. ANNOUNCEMENTS 1. Topics for Future Meetings 2. 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 -2B, 4444 Rice Street, Llhu'e, Kauai, Hawai'i 96766 on Tuesday, May 27, 2014. 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. 5/13/14 Planning Commission Agenda 3 KAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING Lihue Civic Center, Moikeha Building Meeting Room 2A -2B 4444 Rice Street, Lihue, Hawaii 96766 Tuesday, May 13, 2014, 8:30 A.M. AGENDA A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA D. MINUTES of the meetin6s) of the Subdivision Committee 1. Meetings of April 8, 2014 & April 22, 2014 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. G. GENERAL BUSINESS MATTERS H. UNFINISHED BUSINESS I. NEW BUSINESS (For Action) 1. Tentative Subdivision Action a. Subdivision Application No. S- 2014 -16 (Sensuke & Chiyo Ueunten) Proposed 5 -lot Subdivision TMK: (4) 2 -3- 020:020 Kalaheo, K61oa, Kauai 5/13/14 Planning Commission Agenda 4 I. NEW BUSINESS (For Action) (Cont'd) Tentative Subdivision Action Cont'd b. Subdivision Application No. S- 2014 -17 (State of Hawaii) Proposed 2 -lot Subdivision TMK: (4) 3 -6- 005:011 Kalapaki, Llhue, Kauai 2. Subdivision Extension Requests a. Subdivision Application No. 5- 2006 -12 (Visionary LLC. dba Lihue Land Company) Proposed 5 -lot Subdivision TMK: (4) 3 -7- 003:020 Hanamaulu, Lihue, Kauai b. Subdivision Application No. 5- 2006 -24 (D.R. Horton/Schuler Homes) Proposed 115 -lot Subdivision TMK: (4) 3 -7- 003:020 Hanamaulu, Lihue, Kauai J. 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, Suite A473, Lihu`e, Hawaii 96766. Telephone: (808) 241 -4050. 5/13/14 Planning Commission Agenda 5