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KAUAI PLANNING CONI IISSION
REGULAR MEETING
Tuesday, January 12, 2010
:00 A.M. Lihuc Civic Center, Moikcha Building
Meeting Room 2A-2B
4444 Rice Street, Lihuc, Kauai, Hawaii
AGENDA
Call to Order
Selection of Chairperson and Vice Chairperson
Appointment of Subdivision Committee Chairperson, Vice Chairperson and Committee
Members
Approval of the Agenda
Minutes - Meetings of January 8, 2008 and December 8, 2009
Executive Session of October 13, 2009
A. SPECIAL ORDER OF THE DAY
1. Contested Case Hearing: Jeffrey T. Chandler's and Angie Nora Puanani Rogers'
Petition for a Declaratory Order Regarding Non-Compliance with the December 11,
2007 Approval of Joseph Brescia's Single Family Residence and/or Petition to
Modify or Revoke the December 11, 2007 Approval of Joseph Brescia's Single
Family Residence (8/27/09). [Continued from 10/13/09.]
a. Joseph A. Brescia's Motion to Dismiss Jeffrey T. Chandler's and Angie Nora
Puanani Rogers' Petition for a Declaratory Order Regarding Non-Compliance
with the December 11, 2007 Approval of Joseph Brescia's Single-Family
Residence and/or Petition to Modify or Revoke the December 11, 2007
Approval of Joseph A. Brescia's Single Family Residence dated August 27,
2009; Memorandum in Support; Exhibits A-C; Certificate of Service (1/4/10),
from Philip J. Leas, Esq., Calvert Chipchase, Esq., and Walton Hong, Esq.
b. Joseph A. Brescia's Memorandum in Opposition to Jeffrey T. Chandler's and
Angie Nora Puanani Rogers' Petition for a Declaratory Order Regarding Non-
Compliance with the December 11, 2007 Approval of Joseph Brescia's Single
Family Residence and/or Petition to Modify or Revoke the December 11,
2007 Approval of Joseph Brescia's Single Family Residence dated August 27,
2009; Exhibits A-L, Certificate of Service (115110), from Philip J. Leas, Esq.,
Calvert Chipchase, Esq., and Walton Hong, Esq.
Executive Session: 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 consideration of the powers, duties, privileges, immunities, and/or
liabilities of the Commission and the County as they relate to these agenda items.
B. GENERAL BUSINESS MATTERS (For Action)
1. Request for Reconsideration of December 8, 2009 Denial of Petition to Modify or
Revoke the December 11, 2007 Approval of Joseph Brescia's Single-Family
Residence, Pursuant to Chapter 12 of the County of Kaua'i Planning Commission
Rules, Lot 6, Wainiha Subdivision II (S-84-58), Tax Map Key (4) 5-8-009: 045
(115110), from Alan T. Murakami, Esq., Camille K. Kalama, Esq., of Native
Hawaiian Legal Corporation.
2. Contested Case Proceeding: In the Matter of Petition to Appeal Decision of the
Planning Director (TMK (IV)-5-3-004: 030) Barnet M. Feinblum, Petitioner vs.
County of Kauai Planning Department, Respondent (For Action).
a. Receive for the record Hearing Officer's [Proposed] Findings of Fact;
Conclusions of Law; Recommended Decision and Order; Exhibits "HO-1" -
"HO-11"; Certificate of Service dated December 23, 2009.
b. Receive for the record Hearing Officer's [Proposed] Decision and Order
Granting Respondent County of Kauai Planning Department's Motion for
Summary Judgment; Certificate of Service dated December 23, 2009.
C. Receive for the record Petitioner's Exceptions to Glenn M. Kosaka's Hearing
Officer's Report and Recommendations dated December 23, 2009 dated
December 31, 2009.
d. Receive for the record Respondent's filing in Support of Hearing Officer's
Report and Recommendations and responses to Petitioner's Exceptions
Taken; Certificate of Service dated January 6, 2009.
e. Receive for the record stipulated evidence packet received as part of Hearing
Officer's proceeding on November 5, 2009.
f Consideration whether to accept with or without modifications, reject or defer
action on the Hearing Officer's [Proposed] Findings of Fact; Conclusions of
Law; Recommended Decision and Order and Decision and Order Granting
Respondent County of Kaua'i Planning Department's Motion for Summary
Judgment; Certificate of Service dated December 23, 2009.
Executive Session: 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 consideration of the powers, duties, privileges, immunities, and/or
liabilities of the Commission and the County as they relate to these agenda items.
3. Status Report of Compliance with Conditions for Variance Permit V-99-30 and
Class IV Zoning Permit Z-IV-99-32 (Hale Kauai Ltd., Applicant) and Class IV
Zoning Permit Z-IV-2004-4 (Hale Kauai Ltd., Applicant), and Request to convert
former lumber supply store to retail convenience and packaged food store, Tax Map
Key 4-6-37: 67, Kapa`a Homesteads.
a. Staff Report pertaining to this matter.
4. Acknowledgement of Successor to Use Permit U-86-18 and Class IV Zoning
Permit Z-IV-86-17, and Use Permit U-96-9 and Class IV Zoning Permit Z-IV-96-11
(St. Francis Medical Center, Applicant) and Request to Provide Additional
Dialysis Treatment Stations in Existing Treatment Facility, Tax Map Key 3-6-03:
33, Lrhu'e, Kaua'i.
a. Staff Report pertaining to this matter.
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Planning Commission Agenda
January 12, 2010
B. GENERAL BUSINESS MATTERS (For Action) (Cont'd)
5. Request (12/21/09) from Ronald A. Sato, Wilson Okamoto Corp., to amend Special
Management Area Use Permit SMA(U) 2005-8, Project Development Use Permit
P. D. U-2005-26, Use Permit U-2005-25 and Class IV Zoning Permit Z-IV-2005-30
by revising the Kaua'i Lagoons Resort master plan to integrate the twenty-two units
authorized by PM-2009-394 within the area currently planned and approved for
condominium/time share development, Tax Map Key 3-5-1: por. 27, 171, por. 172
and 175, Kalapaki, Lrhu'e, Kaua'I - MORI Goltf
a. Staff Report pertaining to this matter.
6. Executive Session: Pursuant to Hawai'i Revised Statutes Sections 92-4, 92-5(a)(4)
and (8), and Kaua'i County Charter section 3.07(E), the purpose of this executive
session is to provide the Commission a briefing and status report on Barbara
Robeson and Caren Diamond, Members of Protect our Neighborhood `Ghana vs.
Planning Commission and Planning Department of the County of Kaua'i and
Countv of Kaua'i. Civil No. 09-1-0214 and other related matters. This briefing and
consultation involves the consideration of the powers, duties, privileges, immunities
and/or liabilities of the Commission as they relate to this agenda item.
C. COMMUNICATION (NONE)
D. SUBDIVISION - Action on subdivision matters listed in the Subdivision Committee
Agenda (attached).
E. UNFINISHED BUSINESS (For Action) (NONE)
F. PUBLIC HEARING (NONE)
F. NEW BUSINESS
1. For Action - See Agenda E for Proiect Descriptions. (NONE)
2. For Acceptance into Record - Director's Reports for Proiects Scheduled for
Public Hearing for 1/26/10 Public Hearing.
a. Use Permit U-2001-13 and Class IV Zoning Permit Z-IV-2001-17 to permit
the replacement of a 40 ft. high monopole with a 70 ft. high stealth monopine
(a monopole designed to look like a pine tree) and associated equipment at an
existing telecommunication facility in Moloa'a, Kaua'i, situated approx. 1,400
ft. north of the southern intersection of Koolau Road and Kuhi`o Highway,
adjacent to the Moloa'a water tank on Pun Auau, further identified as Tax
Map Key 2-4-004: 007, and affecting a 1,350 sq. ft. portion of a 311.598 acre
parcel - Crown Castle International.
3. For Acceptance and Finalization - Director's Report for Shoreline
Determination.
a. Planning Director's Report pertaining to a shoreline setback determination
(SSCR-2010-5) for a shoreline setback determination, Kekaha, Kaua'i, Tax
Map Key 1-2-002: 021, for acceptance by the Commission - Hawaii Army
National Guard
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Planning Commission Agenda
January 12, 2010
G. 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.
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Planning Commission Agenda
January 12, 2010
KAUAI PLANNING COMMISSION
SUBDIVISION COMMITTEE MEETING
Lihue Civic Center, Moikeha Building
Meeting Room 2A-213
4444 Rice Street, Lihue, Hawaii 96766
Tuesday, January 12, 2010,8:00 A.M.
AGENDA
Call to Order
Approval of the Agenda
Public Comment for Listed Agenda Items
A. GENERAL BUSINESS MATTERS (For Action)
1. Transmittal of Agriculture Master Plan, pursuant to Condition No. I.e. of the
Tentative Approval Letter dated August 27, 2008, relating to a 20-lot subdivision
within the Agriculture (A) & Open (O) zoning districts, Subdivision Application
No. S-2008-21, Tax Map Key: (4) 5-3-006:001 & 014, Princeville = Princeville
Prince Golf Course, LLC.
B. COMMUNICATIONS
C. UNFINISHED BUSINESS
D. NEW BUSINESS (For Action)
1. Tentative Subdivision Action:
a. S-2009-19 =Alexander & Baldwin Inc./ 6-lot Subdivision
McBryde Sugar Company, Ltd TMK: 2-6-03:01, 21, 25, 28-35, 54;
2-6-04:16,38-40
Kukui`ula, Kauai
2. Final Subdivision Action:
a. S-2009-30 = McBryde Sugar Company, Ltd 3-lot Subdivision
TMK: 2-1-001:027 (Portion)
`Ele`ele, 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: 241-6677.
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Planning Commission Agenda
January 12, 2010