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HomeMy WebLinkAboutAgenda 04-27-10 web KAUAI PLANNING CONI IISSION REGULAR MEETING Tuesday, April 27, 2010 :00 A.M. Lihuc Civic Center, Moikcha Building Meeting Room 2A-2B 4444 Rice Street, Lihuc, Kauai, Hawaii AGENDA Call to Order Approval of the Agenda Receipt of Items for the Record Minutes - Regular Meeting of March 23, 2010 A. GENERAL BUSINESS MATTERS (For Action) B. COMMUNICATION 1. Communication (4/13/10) from Mark and Diane Daniells requesting reconsideration of the Planning Commission's decision on April 13, 2010 to approve the modification of Condition No. 3 of the subject permits and requests amending it to delete the second sentence. 2. Communication (4/19/10) from Barbara Robeson for Hanalei to HWena Community Association, requesting reconsideration of actions taken by the Planning Commission, Item A-1, Agenda April 13, 2010. 3. Letter of Transmittal and Status Report dated April 20, 2010 by Katie Davis of EnviroServices and Training Center LLC for the Department of Transportation, Airport Division, as required by Condition No. 8 of Special Management Area Use Permit SMA(U)-1008-13, Shoreline Setback Variance SSV-2008-3, Tax Map Key (4) 3-5-001: 008, Lrhu'e, Kauai = State of Hawaii, Department of Transportation, Airports Division. C. SUBDIVISION - Action on subdivision matters listed in the Subdivision Committee Agenda (attached). D. UNFINISHED BUSINESS (For Action) 1. Non Conforming Use Certificate TV-1025-NCU, Tax Map Key 5-8-011: 006, D. G. Pali Uli, pertaining to single family Transient Vacation Rental usage at 7169 Alamihi Road, Wainiha, Kaua'i. a. Supplemental Staff Report pertaining to this matter. E. NEW PUBLIC HEARING 1. Class IV Zoning Permit Z-IV-2010-15, Use Permit U-2010-14 and Special Permit SP-2010-3 to construct and operate a pavilion consisting of an indoor auditorium, conference center, certified kitchen, and an outdoor amphitheater on a property located along Kuhi`o Highway, approx. 1,500 ft. northwest from the Highway's intersection with Kolo Road, Kilauea, Kaua'i, further identified as Tax Map Key 5-2- 017: 028, and affecting a 6.55 acres portion of a 15.17 acre property - Anaina Hou LLC. [Director's Report received 4/13/10.] a. Petition for Intervention; Exhibit "A" and Certificate of Service (4/19/10) from Laurel Loo, Esq., Shiramizu Loo & Nakamura, LLLP, Attorneys for Petitioner Kalihiwai Ridge Community Association. b. Staff Report pertaining to this matter. C. Letter (4/9/10) from Frank Rothschild, in support of application. d. Letter (4/14/10) from James Gair, in opposition to application. e. Letter (4/15/10) from James Gair, President, Kilauea Ridge Community Association, representing 181 members, against this proposed development. f Testimony (4/16/10) from Jean-Michel Gabet and Katherine Gabet, opposed to this project. g. Letter (4/19/10) from Roy Gillette, against project. h. Letter (Undated, Received 4/21/10) from Jonathan McRoberts, in favor of application. i. Letter (4/19/10) from Councilmember Jay Furfaro, to acknowledge support for the plans to build several community amenities at the Kilauea Pavilion, Anaina Hou Project. 2. Proposed Bill No. 2355 (Zoning Amendment ZA-1010-8) for an Ordinance to amend Section 8-17.8 of the Kaua'i County Code, as amended by Ordinance No. 864 and Ordinance No. 876, relating to the improvement of standards to regulate alternative visitor accommodations and structures within the Agricultural, Open, and Residential Districts outside of designated Visitor Destination Areas - Kauai County Council. a. Staff Report pertaining to this matter. F. NEW BUSINESS 1. For Action - See Agenda E for Proiect Descriptions. a. Class IV Zoning Permit Z-IV-2010-15, Use Permit U-2010-14 and Special Permit SP-2010-3 - Anaina Hou LLC. b. Zoning Amendment ZA-1010-8 - Kauai County Council. 2. For Acceptance into Record - Director's Reports for Proiects Scheduled for Public Hearing for 5/11/10 Public Hearin p. NONE 3. For Acceptance and Finalization - Director's Report for Shoreline Activitv Determination. a. Planning Director's Report pertaining to SSCR-2010-8 for a shoreline activity determination, HXena, Kaua'i, Tax Map Key (4) 5-9-003-040, for acceptance by the Commission - Limahuli Valley Trust, LLCs. 1. Director's Report pertaining to this matter. 4. Memorandum (4/21/10) 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, TVNC-1061, Tax Map Key 5- 3-005: 004, Gary Stice and TV-1378-NCU, Tax Map Key 5-3-007: 011, 'Anini Beach LLC, pertaining to Transient Vacation Rentals. Planning Commission Agenda April 27, 2010 a. Staff Reports pertaining to the recommendation to consent to issuance of Non-Conforming Use Certificates for Transient Vacation Rentals. 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 April 27, 2010 KAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING Lihue Civic Center, Moikeha Building Meeting Room 2A-213 4444 Rice Street, Lihue, Hawaii 96766 Tuesday, April 27,2010,8:30 A.M. AGENDA Call to Order Approval of the Agenda Minutes - Meetings of March 9, 2010 & March 23, 2010 Public Comment for Listed Agenda Items A. GENERAL BUSINESS MATTERS B. COMMUNICATIONS C. UNFINISHED BUSINESS D. NEW BUSINESS (For Action) 1. Tentative Subdivision Action: a. S-2010-09 -Kayak Wailua, LLC. 2-lot Subdivision TMK: 4-1-006:034 Wailua, Kauai 2. Tentative Subdivision Extension Requests: a. S-2006-24 - D. R Horton/Schuler Homes 106-lot Subdivision TMK: 3-7-003:020 Hanama`ulu, 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 April 27, 2010