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Home My WebLink AboutAgenda 03-23-10.web KAUAI PLANNING CONI IISSION REGULAR MEETING Tuesday, March 23, 2010 :00 A.M. Lihuc Civic Center, Moikcha Building Meeting Room 2A-2B 4444 Rice Street, Lihuc, Kauai, Hawaii AGENDA Swearing In of Commissioner Call to Order Approval of the Agenda A. GENERAL BUSINESS MATTERS (For Action) 1. Status Report (2/26/10) from Walton D. Y. Hong, Esq., as to its efforts to relocate a cement batch plant for Use Permit U-89-47, Special Permit SP-89-20, Class IV Zoning Permit Z-IV-89-53, Tax Map Key 5-3-6: por. 14, Princeville, Kauai = Glover Honsador LLC. a. Staff Report pertaining to this matter. B. COMMUNICATION 1. Letter (2/23/10) from Carol Suzawa, Chairperson, Charter Review Commission, to Ian Costa and Members of the Planning Commission, requesting comment relating to the Charter Review Commission's consideration of various Charter amendments that propose to revise the way in which Commission appointed department heads are hired and removed. a. 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. C. SUBDIVISION - Action on subdivision matters listed in the Subdivision Committee Agenda (attached). D. UNFINISHED BUSINESS (For Action) 1. Use Permit U-2010-9, Variance Permit V-2010-3, Special Permit SP-2010-1, and Class IV Zoning Permit Z-IV-2010-10 to permit the construction and operation of a temporary concrete batch plant located on a private access road off of Kaumualii Highway, approx. 1.7 miles west of the Kaumualii Highway and Kipu Road intersection, and approx. 500 ft. north of that area generally referred to as Halfway Bridge, further identified as Tax Map Key 3-4-001: 003 and affecting a 1 acre area of a 2893.705 acre parcel - Jas W. Glover, Ltd [Director's Report received 2/23/10, hearing closed 3/9/10.] a. Supplement No. 1 to Director's Report pertaining to this matter. 2. Staff Report in response to request (1115110) from Hartwell H. K. Blake to the Planning Commission transmitting letter dated December 21, 2009 from Carlos R. Buhk regarding the status of conditions set forth by the Fifth Circuit Court Order, Civil No. 07-1-191, relating to the development of a condominium project consisting of eight (8) single-family residents on CPR units 1 to 8 and 72 multi- family units on CPR unit 9 for Use Permit U-2000-20 and Class IV Zoning Permit Z-IV-2007-24, Tax Map Key 2-8-09: 1, Koloa, Kauai - Koloa Creekside Estates LLC. [Communication 1/26/10, deferred 2/9/10.] E. PUBLIC HEARING 1. Continued Hearing: (NONE) 2. New Public Hearing: a. Use Permit U-2010-12, Special Permit SP-2010-2, and Class IV Zoning Permit Z-IV-2010-14 to permit the construction of a backup injection well and other facility improvements at the existing Waimea Wastewater Treatment Plant, located in Waimea on a gravel access road off of Kaumuali`i Highway, approx..45 miles west of the Kaumuali`i Highway and Huakai Road intersection, further identified as Tax Map Keys 1-2-006: 036, 1-2-006: 037, and 1-2-006: 009, and affecting an area of approx. 6.3 acres - County of Kauai, Department of Public Works (Waimea Wastewater Treatment Plant). [Director's Report received 3/9/10.] F. NEW BUSINESS 1. For Action - See Agenda E for Proiect Descriptions. a. Use Permit U-2010-12, Special Permit SP-2010-2, and Class IV Zoning Permit Z-IV-2010-14 - County of Kauai, Department of Public Works (Waimea Wastewater Treatment Plant). 2. For Acceptance into Record - Director's Reports for Proiects Scheduled for Public Hearing for 4/13/10 Public Hearing. (NONE) 3. For Acceptance and Finalization - Director's Report for Shoreline Determination. (NONE) Planning Commission Agenda March 23, 2010 F. NEW BUSINESS (Cont'd) 4. Memorandum 3/17/10 from Deputy Planning Director Imaikalani Ain to Caven Raco, Chair, Kauai Planning Commission, recommending the Commission consent to the issuance on Non-Conforming Use Certificates pertaining to Transient Vacation Rentals (see Agenda Attachment "A"). a. Staff Reports pertaining to the recommendation to consent to issuance of Non-Conforming Use Certificates for Transient Vacation Rentals listed in Attachment "A". b. 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. 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. Planning Commission Agenda March 23, 2010 KAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING Lihue Civic Center, Moikeha Building Meeting Room 2A-213 4444 Rice Street, Lihue, Hawaii 96766 Tuesday, March 23, 2010, 8:30 A.M. AGENDA Call to Order Approval of the Agenda Minutes - Meetings of February 9, 2010 & February 23, 2010 Public Comment for Listed Agenda Items A. GENERAL BUSINESS MATTERS B. COMMUNICATIONS C. UNFINISHED BUSINESS (For Action) 1. Tentative Subdivision Action: a. S-2010-07 = Cornerstone Hawaii Holdings, LLC. 3-lot Boundary Adjustment TMK: 4-7-002:003 Kealia, Kauai D. NEW BUSINESS (For Action) 1. Tentative Subdivision Extension Requests: a. S-2006-17 =Robinson Family Partners 3-lot Subdivision TMK: 1-2-006:002 Waimea, Kauai b. S-2006-27 -Grove Farm Properties, Inc. 26-lot Subdivision TMK: 3-3-003:041 (Por.) Lrhu`e, Kauai C. S-2008-16 -Melvin & Clarence Soong 2-lot Subdivision TMK: 4-6-015:048 Kapa`a, Kauai d. S-2009-16 = Falko Partners, LLC. 13-lot Subdivision TMK: 5-1-003:006,010,029 Waipake, 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. Planning Commission Agenda March 23, 2010 1. Jim & Sally Conrad TMK 1-3-001:084 15. Robert Beaudreau TVNC-1004 TMK 4-8-007:008 TVNC-1199 2. Mark R. Piche TMK 1-3-003:073 16. Karl-Heinz R. Bothe TVNC-1074 TMK 4-9-004:027 TVNC -1149 3. Raymond & Gail Miller TMK 1-3-010:110 17. D.G. Pal Uli TVNC-1099 5-8-011:006 TV-1025-NCU 4. The Parrish Collection LLC TMK 2-6-005:001 18. Robert F. Fritch TVNC-1189 TMK 2-6-006:016 TVNC-1208 5. Donald L. Donohugh Trust TMK 2-6-012:001 TV-1013-NCU 6. Douglas C. Beane TMK 2-7-006:017 TVNC 1366 7. Robert J. Brown TMK 4-5-009:059 TVNC-1354 8. Robert J. Brown TMK 4-5-009:059 TVNC-1355 9. Stephen W. Long & Assoc. TMK 5-5001:029 TV-1857-NCU 10. Stephen W. Long & Assoc. TMK 4-3-009:003 TVNC -1029 11. Stephen W. Long & Assoc. TMK 5-8-009:037 TV-1385-NCU 12. Merill A. Edgar Trust TMK 2-6-003:009 TVNC - 1024 13. Drew Brumbaugh TMK 1-6-005:095:0002 TVNC-1248 14. Drew Brumbaugh TMK 1-6-005:095:0001 TVNC-1247 ATTACHMENT "A"