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HomeMy WebLinkAboutSMA 2022-5-10 Kauai Trader Garden Island with PC Public Hearing Notice Garden Island - jahs.pdfDEPARTMENT OF PLANNING KA'AINA HULL,DIRECTOR JODI A.HIGUCHI SAYEGUSA,DEPUTi'DIRECTOR DEREK S.K.KAWAKAMI.MAYOR MICHAELA.DAHILIG.MANAGING DIRECTOR NOTICE OF PUBLIC HEARING NOTIFICATION PROCEDURES Pursuant to Sections 8-3.2 through 8-3.4,and 8-27.9 ofthe Kaua'i County Code,as amended,Section 9.0 of the County of Kaua'i Special Management Area Rules and Regulations,and Chapter 13 ofthe Planning Commission's Rules of Practice and Procedures,the following notification requirements shall apply: V:\Pfanning Commi5sion\Notification Pracedures.doc 4444 Rice Street,Suite A473 •Lihu'e,Hawai'i 96766 •(808)241 -4050 (b) An Equal Opportunity Employer TYPE OF PERMIT NOTIFICATION DEADLINE Twelve(12) Days Twenty(20) Days Thirty (30) Days USE PERMIT within the Residential, Agriculture,and Open zoning districts x PROJECT DEVELOPMENT USE PERMIT pursuant to Section 8-3.2 of the Kaua'i County Code (KCC),as amended x VARIANCES involving height limitations pursuant to Section 8-3.3 ofthe KCC x AMENDMENTS pursuant to Section 8- 3.4(c)of the KCC x SPECIAL PERMITS pursuantto Chapter 13 ofthe Planning Commission's Rules of Prartice and Procedures x SPECIAL MANAGEMENTAREA USE PERMITS pursuant to Section 9.0 ofthe County of Kaua'i Special Management Area Rules and Regulations x SHORELINE SETBACK VARIANCES pursuantto Section 8-27.9 ofthe KCC x Public Hearing Notification Procedures Page |2 Prior to the scheduled date of public hearing,the Applicant shall sither hand deliver written notice to persons listed on the current Notice of Property Assessment Card File located at the Real Property Division of the Department of Finance of the County of Kaua'i,or mail,by certified mail,written notice to the addresses shown on such Notice of Property Assessment Cards for at least eighty-tive pec cent (85%)of all parcels of real property within 300 feet from the nearest point ofthe premises involved in the application to the nearest point ofthe affected property.For each condominium project within the affected area,one notice ofthe hearing shall be sent addressed "To the Residents,Care of the Manager",followed by the name and address of the condominium invoived.The notice shail include the following information and shali be in a form approved by the Planning Director: 1.Date; 2.Time; 3.Location; 4.Purpose;and 5.Description or sketch of property involved. For SHORELINE SETBACK VARIANCES,the Applicant shall mail notices of public hearing by certified or registered mail,postage prepaid,to owners of real property which abut the parcel that is the subject ofthe application.The notice sha!l include the information identified in the preceding paragraph noted above. 5UPPLEMENTAL INFORMATION The following additional information shall be included in the public hearing notice: TVPE OF PERMIT REQUIRED ADDITIONAL INFORMATION SPECIAL PERMITS 1.Land area ofthe proposed use;and 2.A statement that persons may petition for intervention pursuant to Chapter 4 ofthe Planning Commission's Rules of Practice and Procedures,as amended. Public Hearing Notification Procedures Page |3 Attached for your information and use is a copy ofthe public hearing notice which rnay be transmitted to adjacent and abutting landovvners.Any other public hearing notice that does not contain the information as noted in the enclosed public hearing notice must be reviewed and approved by the Director of Planning. At least seven (7)days prior to the hearing date,the applicant shall file with the Planning Commission an affidavit as to the mailing or delivery of such notice and a list of persons to which such notices were sent. Should the Applicant fail to submit the affidavit within the time required,the public hearing shall be postponed.In this case,the Planning Commission shall reschedule another hearing within sixty (60)days of the postponed hearing.The Applicant shall be required to pay for the republication costs and shall follow the same notice requirements ofthis paragraph in the renotification ofaffected persons. PLEASE CONTACT THE PLANNING DEPARTMENT SHOULD YOU HAVE AMY QUESITONS RELATIVE TO THE ABOVE NOTIFICATION REQUIREMENTS. KA'AINA S.HULL Director of Planning Encl. Revised 3/2022 FOLLOWING IS A LIST OF PERSONS WHO HAVE REQUESTED IN WRITING TO BE NOTIFIED OF SPECIAL MANAGEMENT AREA USE PERMIT HEARINGS (by Regular Mail): 1. Gregg Kamm 2284 Wiliko Street Lihue, Hawaii 96766 2. Jack Lundgren Na Ala Hele 6375 Poo Road, Unit B Kapaa, Hawaii 96746-9449 3. Koloa Community Association P.O. Box 1313 Koloa, Hawaii 96756 4. Judy Dalton 4330 Kauai Beach Drive Lihue, Hawaii 96766 5. Kauai Times 3-3137 Kuhio Highway Lihue, Hawaii 96766 6. Portugal Surveying LLC 1840 Leleiona Street Lihue, Hawaii 96766 7. CZM Program Office of Planning Dept. of Business, Economic Development & Tourism P.O. Box 2359 Honolulu, Hawaii 96802 8. Mr. Thomas Noyes Thomas Noyes Project Manager P.O. Box 3213 Lihue, Hawaii 96766 9. Grove Farm Company, Inc. 3-1850 Kaumualii Highway Lihue, Hawaii 96766 10. Fred Jager 301 E. Braemere Road Boise, ID 83702-1713 11. Belles Graham Proudfoot Wilson 3135 Akahi Street, Suite A Lihue, Kauai, Hawaii 96766 12. Hanalei Watershed Hui Makaala Kaaumoana P.O. Box 1285 Hanalei, Hawaii 96714 13. Sierra Club Hawaii Chapter P.O. Box 2577 Honolulu, Hawaii 96803 14. Harold Bronstein P.O. Box 3064 Lihue, Hawaii 96766 15. Laurel Loo, Esq. McCorriston Miller Mukai MacKinnon, LLP 4357 Rice Street, Suite 102 Lihue, Hawaii 96766 16. Mauna Kea Trask, Esq. Cades Schutte LLP P.O. Box 1205 Lihue, Hawaii 96766 For Public Hearing on 05/10/2022. COUNTY OF KAUAI PLANNING COMMISSION – 4444 Rice Street, Suite A473, Lihue, Kauai, Hawaii, 96766, tel: (808) 241-4050, email: planningdepartment@kauai.gov. NOTICE IS HEREBY GIVEN of an agency hearing with a public hearing and an opportunity for public testimony from all interested persons to be held by the Kaua‘i Planning Commission pursuant to the provisions of Special Management Area Rules, Kauai County Code, Chapter 8, as amended, Hawaii Revised Statutes (HRS) Chapter 92 and 91, and the Rules of Practice and Procedure of the County of Kauai Planning Commission. The hearing will be held regarding the following: CLASS IV ZONING PERMIT (Z-IV-2022-8), USE PERMIT (U-2022-8) and SPECIAL PERMIT (SP-2022-1) to operate a construction material manufacturing facility on a parcel situated immediately adjacent to the Old Kōloa Sugar Mill site in Kōloa, along the eastern side of Ala Kinoiki, approximately 3,300 feet west of the Weliweli Road/Ala Kinoiki intersection, further identified as Tax Map Key: 2-9- 001:001, and affecting a 3-acre portion of a larger parcel. CLASS IV ZONING PERMIT (Z-IV-2022-9) and USE PERMIT (U-2022-9) to allow construction of a new single-family dwelling unit on a parcel situated at the southern terminus of Leleiona Street in Puhi, situated approximately 800 feet south of its intersection with Puhi Road and further identified as 1811 Leleiona Street, Tax Map Key: (4) 3-3-011:003, containing a total area of approximately 3.401 acres. SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2022-6, CLASS IV ZONING PERMIT (Z-IV-2022-10) and VARIANCE PERMIT (V-2022-2) to allow installation of a stealth telecommunication structure and associated equipment on a parcel situated on the makai side of Aleka Loop in Wailua, approximately 400 feet east of the Kūhiō Highway/Aleka Loop intersection, further identified as 650 Aleka Loop, Tax Map Key: (4) 4-3-007:028 and containing a total area of 10.377 acres. SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2022-3) to accommodate streambank stabilization repair work involving a parcel along the Hanalei River, along the makai side of Kuhio Highway in Hanalei Town, further identified as 5-5016 Kuhio Highway, Tax Map Key: 5-5- 010:067, containing a total area of 2.32 acres. Meeting Location: Līhu‘e Civic Center, Moikeha Building, Meeting Room 2A-2B, 4444 Rice Street, Līhu‘e, Kaua‘i, Hawai‘i Interactive Conference Technology: The public may attend the meeting via Zoom using the “Zoom link” and telephone using the “join by phone” telephone number that will be provided on the agenda for the meeting. The Agenda for the meeting will be posted in accordance with HRS 92. Webcast Meeting: https://www.kauai.gov/Webcast-Meetings Date: May 10, 2022 Time: 9:00 a.m. or shortly thereafter Pursuant to Hawai‘i Revised Statutes Section 92-3.7, which codified Act 220, SLH 2021, the meetings of the County of Kaua‘i Planning Commission will be conducted as follows: •The meeting location that will be open to the public with audiovisual connection is:o Līhu‘e Civic Center, Moikeha BuildingoMeeting Room 2A-2Bo4444 Rice Street, Līhu‘e, Kaua‘i, Hawai‘i  • In addition to attendance in-person, the public may also attend the meeting by phone using the “join by phone” telephone number provided on the agenda. • The public may also attend the meeting through Zoom. If attending the meeting via Zoom, it shall be the responsibility of the attendee to join the meeting through the Zoom link provided via E- mail. In addition, it shall be the responsibility of the testifier to ensure that the Zoom software is downloaded and operational prior to the meeting. Once you sign-in for the meeting, you will receive the meeting link. o You may use a unique identifier (i.e., an alias name and alias email address) instead of your real name to maintain anonymity. Please note that the unique Zoom meeting link will be sent by Zoom to the Email that was entered at sign-in. • Also, the meeting will be live streamed and available as an archived meeting after completion at www.kauai.gov/Webcast-Meetings. Please note that the livestream broadcast does not allow interaction between the viewer and Planning Commission. Also, video production services or enhancements of the recorded video will not be available. • Written testimony may be submitted on any agenda item and submitted to planningdepartment@kauai.gov or mailed to the Kauai County Planning Department 4444 Rice Street., Ste A473, Lihue, Hawaii 96766. Written testimony received by the Planning Department at least 24 hours prior to the meeting will be distributed to all Planning Commissioners prior to the meeting. Any testimony received after this time and up to the start of the meeting will be summarized by the Clerk of the Commission during the meeting and added to the record thereafter. • Oral testimony will be taken during the public hearing portion of the meeting in-person at the public meeting location, via Zoom link, or using the “join by phone” number listed on the agenda. o All testifier audio and video will be disabled until it is your turn to testify. o Per the Planning Commission’s and Chairs practice, there is three-minute time limit per testifier, per agenda item. o If there are temporary technical glitches during your turn to testify, we may have to move on to the next person due to time constraints; we appreciate your understanding. • If any major and insurmountable technical difficulties are encountered during the meetings, the Planning Commission will continue all matters and reconvene at the next scheduled Planning Commission Meeting. Petitions for intervenor status must be submitted to the Commission and the applicant at least seven days prior to the date of the hearing advertised herein and shall be in conformance with Chapter 4 of the Rules of Practice and Procedure of the Planning Commission. A copy of the proposal will be emailed to any interested person who requests a copy. Please submit your request to the Planning Department. KAUAI PLANNING COMMISSION, Helen Cox, Chairperson, By Kaaina S. Hull, Clerk of the Commission. NOTE: IF YOU NEED AN AUXILIARY AID/SERVICE, OTHER ACCOMMODATION DUE TO A DISABILITY, OR AN INTERPRETER FOR NON-ENGLISH SPEAKING PERSONS, PLEASE CONTACT THE OFFICE OF BOARDS AND COMMISSIONS AT (808) 241-4917 OR ASEGRETI@KAUAI.GOV AS SOON AS POSSIBLE. REQUESTS MADE AS EARLY AS POSSIBLE WILL ALLOW ADEQUATE TIME TO FULFILL YOUR REQUEST. UPON REQUEST, THIS NOTICE IS AVAILABLE IN ALTERNATE FORMATS SUCH AS LARGE PRINT, BRAILLE, OR ELECTRONIC COPY. Publication Date: April 8, 2022