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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