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Home My WebLink AboutAgenda 05-11-10 KAUAI PLANNING CONI IISSION REGULAR MEETING Tuesday, May 11, 2010 10:00 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 April 13, 2010 Executive Session of March 23, 2010 A. GENERAL BUSINESS MATTERS (For Action) 1. Executive Session: Pursuant to Hawaii Revised Statutes Sections 92-4 and 92- 5(a)(4), and Kaua'i County Charter Section 3.07(E), the Office of the County Attorney requests an executive session with the Planning Commission to request authority for a possible settlement proposal in the case of Coconut Beach Development LLC vs. Brvan Baptiste, et al., CV08-00036 SOM KSC (United States District Court for the District of Hawai'i). This briefing and consultation involves the consideration of the powers, duties, privileges, immunities and/or liabilities of the County as they relate to this agenda item. B. COMMUNICATION (For Action) 1. Recommendation (5/4/10) from Planning Director Ian Costa that the Planning Commission reschedule the previously postponed public hearing for the following permits to June 22, 2010, 9:00 a.m. or shortly thereafter, at the Lihue Civic Center, Moikeha Building, Meeting Room 2A-213, 4444 Rice Street, Lihue, Kauai, Hawaii [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, postponed 4/27/10.] =Auaiua Hou LLC. C. SUBDIVISION - Action on subdivision matters listed in the Subdivision Committee Agenda (attached). D. UNFINISHED BUSINESS (For Action) NONE E. 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 5/25/10 Public Hearing. a. Variance Permit V-2010-4 and Class IV Zoning Permit Z-IV-2010-16 to construct and operate an 85 ft. high wind turbine at a farm in Kapa`a, located on Kaapuni Road, approx..75 miles from the Kaapuni Road, Olohena Road, and Kaehulua Road intersection; further identified as Tax Map Key 4-6-011: 024, and affecting a portion of 5 acres - Hanna Home Aina Organics, LLC. 1. Director's Report pertaining to this matter. b. Use Permit U-2010-15, Class IV Zoning Permit Z-IV-2010-17 and Special Permit SP-2010-4 to permit the construction and operation of a wastewater reclamation facility and associated wastewater collection system in Koloa, located at the former Koloa Mill site on Mahaulepu Road, approx..65 miles east of the Mahaulepu Road and Ala Kinoiki Road intersection, further identified as Tax Map Keys 2-9-002-001 and 2-9-001: 001, affecting an area of approx. 2.7 acres; and to permit the construction and operation of a wastewater pump station in Koloa, located on Weliweli Road, approx. 100 ft. east of the Weliweli Road and Waikomo Road intersection, further identified as Tax Map Key 2-8- 011: 001, and affecting an area of approx. 640 sq. ft. - HOH Utilities, LLC. 1. Director's Report pertaining to this matter. 3. For Acceptance and Finalization - Director's Report for Shoreline Activitv Determination. NONE G. SPECIAL ORDER OF THE DAY (1:00 P.M. OR SHORTLY THEREAFTER) 1. Contested Case Proceeding (This matter is conducted pursuant to FIRS Sections 91- 9 and 92-6. Therefore, no public comment will be accepted on this item): In the matter of the Planning Department of the County of Kauai, Petitioner, vs. Patricia W. and Michael G. Sheehan, Permittees, Petition to Revoke, Amend or Modify Special Management Area Use Permit SMA (U) 87-8; Use Permit U-87-32; Special Permit SP-97-9; and Class IV Zoning Permit Z-IV-87-40. a. Receive for the record: 1. Hearing Officer's [Proposed] Findings of Fact; Conclusions of Law; Recommended Decision and Order; Certificate of Service dated April 14, 2010. 2. Permittees' Objections [Exceptions] to Hearing Officer's [Proposed] Findings of Fact; Conclusions of Law; Recommended Decision and Order; Certificate of Service filed April 26, 2010. 3. Petitioner's Memorandum in Support of Hearing Officer's [Proposed] Findings of Fact; Conclusions of Law; Recommended Decision and Order; Certificate of Service filed May 3, 2010. 4. Intervenors' Memorandum in Support of [Proposed] Findings of Fact; Conclusions of Law; Recommended Decision and Order; Certificate of Service filed May 4, 2010. 5. Relevant transcripts from all hearings before the Planning Commission and/or the Hearings Officer. (On file at the Planning Department) 6. All evidence introduced at hearing either by stipulation or order. (On file at the Planning Department) Planning Commission Agenda May 11, 2010 7. All other pleadings filed by the parties and received by the Planning Commission and/or Hearings Officer. (On file at the Planning Department) b. Consideration whether to accept with or without modifications, reject or defer action on the Hearing Officer's [Proposed] Findings of Fact; Conclusions of Law; Certificate of Service dated April 14, 2010. 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. H. 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 May 11, 2010 KAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING Lihue Civic Center, Moikeha Building Meeting Room 2A-213 4444 Rice Street, Lihue, Hawaii 96766 Tuesday, May 11, 2010, 9:30 A.M. AGENDA Call to Order Approval of the Agenda Public Comment for Listed Agenda Items A. GENERAL BUSINESS MATTERS B. COMMUNICATIONS C. UNFINISHED BUSINESS D. NEW BUSINESS (For Action) 1. Final Subdivision Action: a. S-2009-25 = County of Kauai Dept of Water/ 2-lot Boundary Adjustment Kukui `olouo Park Trust Estate TMK: 2-3-005:002, 006 Kalaheo, Kauai 2. Tentative Subdivision Extension Requests: a. S-2005-41 = Visionary LLC. 45-lot Subdivision TMK: 3-7-002:001 (Portion) Lrhu`e, Kauai b. S-2009-21 =Grove Farm Properties, Inc. 21-lot Subdivision TMK: 3-3-003:041 Lrhu`e, 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 May 11, 2010