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KAUAI PLANNING COMMISSION
REGULAR MEETING
Tuesday, February 14, 2017
9:00 a.m. or Soon Thereafter
Līhu'e Civic Center, Moikeha Building
Meeting Room 2A-2B
4444 Rice Street, Lihue, 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. Contested Case Calendar of December 13, 2016
2. Regular Meeting of January 10, 2017
3. Contested Case Calendar of January 10, 2017
4. Regular Meeting of January 24, 2017
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)
Kauai Planning Commission Regular Meeting Agenda Page 2
February 14, 2017
F . HEARINGS AND PUBLIC COMMENT (Cont’d)
2. New Agency Hearing
a. Class IV Zoning Permit Z-IV-2017-3, Use Permit U-2017-3 and Special Permit
SP-2017-1 to allow replacement of an existing monopole with a 60 ft. high
monopine tower and associated improvements at the Kilauea Japanese Cemetery
near Crater Hill, approx. one mile north from Kilauea Town, at the end of Mihi
Road, further identified as Tax Map Key (4) 5-2-004:049, and affecting a parcel
approx. 1.997 acres in size = New Cingular Wireless PCS, LLC (AT&T).
[Director’s Report received 1/24/17.]
b. Class IV Zoning Permit Z-IV-2017-4 and Use Permit U-2017-4 to allow
construction of a 0.5 MG reservoir, production well, control building booster
pump station and associated improvements and Variance Permit V-2017-1 to
deviate from the land coverage requirement within the Agriculture (A) zoning
district, involving a parcel situated on the eastern side of Puuwai Road in
Kalaheo, immediately adjacent to property identified as 5316 Puulima Road, Tax
Map Key (4) 2-4-003:007, and affecting a parcel approx. 0.755 acre in size =
County of Kauai, Department of Water. [Director’s Report received 1/24/17.]
3. Continued Public Hearing
a. Zoning Amendment ZA-2017-2 : Petition to amend Ordinance No. 436, relating
to Section 8-17.2 of the Kauai County Code (1987), as amended, requesting a
revision to the Visitor Destination Area boundary in Poipu; involving a project
located along the makai side of Pe`e Road in Poipu and immediately adjacent to
The Point at Poipu resort facility, further identified as Tax Map Keys: (4)2-8-
021:041, 044 through 068, and containing a total area of 13.078 acres = CIRI
Land Development Company. [Director’s Report received and hearing
continued 1/24/17.]
4. New Public Hearing (NONE)
G. CONSENT CALENDAR
1. Status Reports (NONE)
2. Director’s Report(s) for Project(s) Scheduled for Agency Hearing on 2/28/17.
a. Class IV Zoning Permit Z-IV-2017-5, Use Permit U-2017-5, and Special Permit
SP -2017-2 to allow construction of a new terminal/administration facility,
fueling area, aircraft hangar, and associated improvements on a parcel located
along the makai side of Ahukini Road in Lihue, situated approx. ½-mile north of
the Lihue Heliport facility, further identified as Tax Map Key 3-5-001:158, and
affecting a portion of a larger parcel containing 61.5 acres = Air Service Hawaii.
1. Director’s Report pertaining to this matter.
H. EXECUTIVE SESSION
Kauai Planning Commission Regular Meeting Agenda Page 3
February 14, 2017
I. GENERAL BUSINESS MATTERS
1. Petition to Appeal Decision of the Planning Director (1/13/17) for Non-Conforming
Use Certificate TVNCU #4298 (Hale Mahana) by Alexandra Falk Living Trust, Tax
Map Key (4)58010015(3), Haena, Kauai. = Alexandra Falk Living Trust.
a. Memorandum (1/19/17) from the Clerk of the Commission Requesting to Refer
the Appeal to a Hearings Officer (Contested Case Hearing No. CC-2017-2);
Request for Delegation of Authority to the Clerk of the Commission to Procure
and Appoint a Hearings Officer on Behalf of the Commission for the Instant
Appeal.
2. Petition to Appeal Decision of the Planning Director (1/13/17) for Non-Conforming
Use Certificate TVNCU #4299 (Lihi Kai) by Alexandra Falk Living Trust, Tax Map
Key (4)58010015(1), Haena, Kauai. = Alexandra Falk Living Trust.
a. Memorandum (1/19/17) from the Clerk of the Commission Requesting to Refer
the Appeal to a Hearings Officer (Contested Case Hearing No. CC-2017-3);
Request for Delegation of Authority to the Clerk of the Commission to Procure
and Appoint a Hearings Officer on Behalf of the Commission for the Instant
Appeal.
3. Request for Extension of Time of five (5) years to operate a helicopter landing site
near Manawaiopuna Falls for Class IV Zoning Permit Z-IV-2008-5, Use Permit U-
2008-3 and Special Permit SP-2008-2, Tax Map Key 1-8-001:001, Koula Valley,
Kauai = Island Helicopters Kauai, Inc.
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)
M. NEW BUSINESS
1. For Action – See Agenda F for Project Descriptions
Kauai Planning Commission Regular Meeting Agenda Page 4
February 14, 2017
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 Lihue Civic Center, Moikeha Building, Meeting Room 2A-
2B, 4444 Rice Street, Lihue, Kauai, Hawai'i 96766 on Tuesday, February 28, 2017.
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 Regular Meeting Agenda Page 5
February 14, 2017
KAUA‘I PLANNING COMMISSION
SUBDIVISION COMMITTEE MEETING
Līhu‘e Civic Center, Mo‘ikeha Building
Meeting Room 2A-2B
4444 Rice Street, Līhu‘e, Hawaii 96766
Tuesday, February 14, 2017, 8:30 A.M.
AGENDA
A. CALL TO ORDER
B. ROLL CALL
C. APPROVAL OF AGENDA
D. MINUTES of the meeting(s) of the Subdivision Committee (None)
1. Regular Meeting of January 10, 2017
E. RECEIPT OF ITEMS FOR THE RECORD (None)
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 l imit 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 (None)
H. UNFINISHED BUSINESS (None)
I. NEW BUSINESS (For Action)
1. Final Subdivision Map Approval
a. Subdivision Application No. S-2016-8
(KAKUDA BROTHERS, LLC)
Proposed 2-lot subdivision
TMK: (4) 2-7-006:087 & 141
Koloa, Kaua‘i
1. Subdivision Report pertaining to this matter.
Kauai Planning Commission Regular Meeting Agenda Page 6
February 14, 2017
I. NEW BUSINESS (For Action) (Cont’d)
2. Subdivision Extension Request
a. Subdivision Application No. S-2011-16
(Cameron K. Burgess)
Proposed 4-lot subdivision
TMK: (4) 4-1-008:013
Wailua, Kaua‘i
1. Subdivision Report pertaining to this matter.
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, Līhu‘e, Hawai‘i 96766. Telephone: (808) 241-4050.
Kauai Planning Commission Regular Meeting Agenda Page 7
February 14, 2017
Pursuant to Section 8-27.8 (6) of the Kaua‘i County Code (1987), as amended, the following
shoreline setback determinations by the Director are disclosed for purposes of public
notification.
February 14, 2017
SHORELINE SETBACK DETERMINATIONS
Application
No.
Name of Applicant(s) Property I.D.
(Tax Map Key)
Location Reasons
SSD-2017-34 Timothy & Eliza Smith
Trust
5-8-012:034 Wainiha New single
family
residence
SSD-2017-35 Kauai Marriott 3-5-003:002 Lihue Add ground
floor lanais
to existing
building
SSD-2017-36 Steve & Yvonne Stoner 4-9-004:024 Moloaa New single
family
residence
and detached
garage
SSD-2017-37 David & Laura Bancroft 5-8-011:010 Wainiha After-the-
Fact shed
SSD-2017-38 Steve & Betsy Rigotti 5-8-008:045 Wainiha Replace
roof, lanai
supports and
stairs