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KAUAI PLANNING CONI IISSION
REGULAR MEETING
Tuesday, June 22, 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 May 11, 2010
Executive Session of May 11, 2010
A. GENERAL BUSINESS MATTERS (For Action)
1. Request (5/25/10) from Laurel Loo, Esq., on behalf of Safeway, Inc., to amend
conditions of approval for Class IV Zoning Permit Z-IV-2009-7 to phase the project
for a commercial center in Lihu'e, Hokulei Village, and its corresponding traffic
improvements into two (2) separate phases, Tax Map Key 3-3-003: 046, Lihu'e,
Kaua'i.
a. Staff Report pertaining to this matter.
2. Request (6/14/10) from Kimo Perry on behalf of Kawaikiui New Century Public
Charter School, to amend conditions of approval Special Permit SP-2009-1, Use
Permit U-2009-15 and Class IV Zoning Permit Z-IV-2009-15 to increase the square
footage size of two classrooms and a restroom originally proposed under the subject
permits, Tax Map Key 3-4-007: 002, Puhi, Kaua'i.
a. Staff Report pertaining to this matter.
B. COMMUNICATION (For Action) (NONE)
C. SUBDIVISION - Action on subdivision matters listed in the Subdivision Committee
Agenda (attached).
D. UNFINISHED BUSINESS (For Action)
1. Special Management Area Use Permit SMA(U)-2010-6 to permit construction of a
farm dwelling in Sea Cliff Plantation on Iwalani Drive, approx. .25 miles from
Kilauea Road, in Kilauea, further identified as Tax Map Key 5-2-004: 080, and
containing atotal parcel area of 16.953 acres =Dechka. [Hearing closed 6/8/10.]
a. Supplemental Staff Report pertaining to this matter.
b. Transmittal (6/15/10) from Land Strategies Hawai'i, LLC, Authorized Agent,
transmitting two letters of agency (5/20/10 and 4/15/10); a stamped CPR plan
with current expiration date from licensed engineer, Ronald Wagner; a County
Farm Dwelling Agreement; and a letter (6/14/10) addressed to Wally Kudo,
Kaua'i County Department of Public Works, Engineering Division.
D. UNFINISHED BUSINESS (For Action) (Cont'd)
2. Communication (5/17/10) from the Office of the Mayor requesting the Planning
Commission to take action to effectuate a 9.23% decrease in the Planning Director's
salary for Fiscal Year 2011 as a temporary cutting measure in the plan to utilize
furloughs. [Communication Deferred 6/8/10.]
E. NEW PUBLIC HEARING
1. Use Permit U-2010-17 and Class IV Zoning Permit Z-IV-2010-19 to outfit an
exploration well to install a new potable water supply well referred to as Well No.
5, on property located in Princeville, on Agricultural zone land mauka of the
Princeville Airport Facilities via access from a private access road approx. 1.2 miles
mauka of its intersection with Kuhi`o Highway, further identified as Tax Map Key
5-3-001: 002, and affecting an area of approx. 1.68 acres = Princeville Utilities
Company, Inc. [Director's Report received 6/8/10.]
a. Memorandum (6/16/10) from Planning Director transmitting agency
comments.
2. Special Management Area Use Permit SMA(U)-2010-4 to repair and replace a
damaged rock seawall and Shoreline Setback Variance Permit SSV-2010-2 to
permit a variance to deviate from the Comprehensive Zoning Ordinance 8-27.3(b)
the shoreline setback for the Pono Kai Resort Seawall shoreline parcel seaward of
Pono Kai Resort, just north of Waikea Canal .5 miles southwest of Kuhi`o
Highway, in Kapa`a, further identified as Tax Map Key 4-5-007: 001, and
containing a total parcel area of 2.502 acres. County of Kauai, Department of
Public Works.
a. Staff Report pertaining to this matter.
3. 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, further identified as Tax Map Key 5-2-017:
028, and affecting a 6.55 acre portion of a 15.17 acre property= Anaina Hou, LLC.
[Postponed 4/27/10, Director's Report received 6/8/10.]
a. Memorandum (6/16/10) from Planning Director transmitting agency
comments.
b. Petition for Intervention; Exhibit "A" and Certificate of Service (4/19/10)
from Laurel Loo, Esq., Shiramizu Loo & Nakamura, LLLP, Attorneys for
Petitioner Kalihiwai Ride Community Association.
C. Notice of Withdrawal and Substitution of Counsel for Petitioner (6/7/10) from
Laurel Loo, Esq., Shiramizu Loo & Nakamura, Withdrawing Counsel for
Petitioner Kalihiwai Ridge Community Association and James Tagupa, Esq.,
Substituting and Appearing as Counsel for Kalihiwai Ridge Community
Association.
d. Letters in Opposition/With Concerns to Application from:
1. Jean-Michel Gabet & Katherine Gabet (4/16/10)
2. Roy Gillette (4/19/10)
3. James Gair (4/14/10, 4/15/10, 4/21/10)
4. Michael & Marilynn Gleeson (4/18/10)
5. Joan Yamaguchi (4/27/10)
6. Michelle McBrear (5/19/10)
7. Gordon & Roberta Haas (5/24/10)
8. Patricia & Glen Posner (5/24/10)
9. Michelle Carroll (Undated, Received 5/26/10)
10. Walter Ely, MD (5/31/10)
11. Joell J. Slade (6/3/10)
12. Jo Costa Thomas (6/2/10)
13. Mark A. Carey (5/18/10)
14. Dana Nadeau (6/8/10)
15. Jeanne Pheasant (Undated, Received 6/10/10)
Planning Commission Agenda
June 22, 2010
E. NEW PUBLIC HEARING (Cont'd)
3. Class IV Zoning Permit Z-IV-2010-15, Use Permit U-2010-14 and Special Permit
SP-2010- =AuaiuaHou, LLC. (Cont'd)
e. Letters in Support of Application from:
1. Frank Rothchild (4/9/10)
2. Jay Furfaro, Councilmember (4/19/10)
3. Judy Brennan (4/22/10)
4. W. F. Brennan (4/22/10)
5. Mary Paterson (Undated, Received 4/26/10)
6. Jeannette Rothweiler and Thomas Dikeman (4/23/10)
7. Jonathan McRoberts (Undated, Received 4/29/10 and 5/23/10)
8. Samantha and David Geimer (5/24/10)
9. Mike Dyer (5/26/10)
10. David Swenson (5/26/10)
11. Ben Welborn (6/1/10)
12. Sandra Ughoc-Lew (6/2/10)
13. Bryan Tanaka (4/22/10)
14. James Nakagawa Painting (Undated, Received 6/15/10)
15. Clark A. Tyler (Undated, Received 6/15/10)
16. Hugh Rutan (4/21/10)
17. Paul D. Tjarks (6/15/10)
18. Marilyn Miller (Undated, Received 6/15/10)
19. Sean Mahoney (6/8/10)
20. Kyle Chock (Undated, Received 6/15/10)
21. Suzanna Kennedy (4/18/10)
22. Casey Holt (4/18/10)
23. Eagle (Undated, Received 6/15/10)
24. Kathleen Luiten (4/17/10)
25. Lynn Leonard (4/15/10)
26. Jennifer Viets (Undated, Received 6/15/10)
27. Debra Rickert (4/19/10)
28. Steve Star (Undated, Received 6/15/10)
29. Angelei Star (Undated, Received 6/15/10)
30. James C. Jennings & Dudley C. Wilson (4/20/10)
31. Susan Wolford (4/20/10)
32. Joe & Cynthia Halasey (Undated, Received 6/15/10)
33. Margaret B. and Tom G. Halasey (Undated, Received 6/15/10)
34. Joanna Faso (4/21/10)
35. Gary E. Smith (4/8/10)
36. Kamran Taleb (4/21/10)
37. Marci Winters (4/21/10)
38. Caryll Lutton (4/19/10)
39. John & Francine Edson (6/4/10)
40. Jane E. Goo (Undated, Received 6/15/10)
41. Mindy & Larry Smith (5/6/10)
42. Shirin T. Hunt (5/4/10)
43. Keya Guimaraes (4/10/10)
44. Duane Carlson (4/24/10)
45. Joshua James (4/22/10)
46. Meredith Murphy (Undated, Received 6/15/10)
47. Thomas Pickett & Katie Pickett (Undated, Received 6/15/10)
48. Eva Joy Miner-Peru (4/22/10)
49. Lanae Anakalea (5/18/10)
50. Eric Bronstein (4/27/10)
51. Andrea Brower & Keone Kealoha (Undated, Received 6/15/10)
52. Bernard Goo (4/26/10)
53. John C. Ferry (4/22/10)
54. Danny Shook (6/12/10)
55. Petition (4/27/10) with 20 signatures
56. Petition (Undated, Received 6/15/10) with 116 signatures
Planning Commission Agenda
June 22, 2010
E. NEW PUBLIC HEARING (Cont'd)
4. Proposed Zoning Amendment ZA-2010-9 for an Ordinance to amend Section 8-
27.8 of the Kaua'i County Code, as amended by Ordinance No. 863 and Ordinance
No. 8871, relating to the implementation of scientifically generated erosion based
setbacks and establishing procedures for the Planning Commission to determine
whether activities proposed on property abutting the shoreline are subject to a
shoreline setback and activity determination - Kauai County Planning
Commission.
a. Staff Report pertaining to this matter.
F. NEW BUSINESS
1. For Action - See Agenda E for Proiect Descriptions.
a. Use Permit U-2010-17 and Class IV Zoning Permit Z-IV-2010-19 -
Princeville Utilities Company, Inc.
b. Special Management Area Use Permit SMA(U)-2010-4 - County of Kauai,
Department of Public Works.
C. Class IV Zoning Permit Z-IV-2010-15, Use Permit U-2010-14 and Special
Permit SP-2010-3 -AnainaHou, LLC.
d. Zoning Amendment ZA-2010-9 - Kauai County Planning Commission.
2. For Acceptance into Record - Director's Report for Proiect Scheduled for
Public Hearing for 7/13/10 Public Hearing.
a. Use Permit U-2010-18 and Class IV Zoning Permit Z-IV-2010-20 to construct
improvements to the existing Hanama'ulu Wastewater Pump Station (WWPS),
involving the replacement of two existing pumps and the addition of a
generator room approx. 208 sq. ft. in size, on a parcel situated on the makai
end of Hanama'ulu Road, in Hanama'ulu, approx. 2,500 ft. southeast of the
Hanama'ulu Road/Kuhi`o Highway intersection, further identified as Tax Map
Key 3-7-003: 012, and containing a land area of 2,250 sq. ft. - County of
Kauai, Department ofPublic Works.
1. Director's Report pertaining to this matter.
3. For Acceptance and Finalization - Director's Report for Shoreline Setback
Activity Determination. (NONE)
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
June 22, 2010
KAUAI PLANNING COMMISSION
SUBDIVISION COMMITTEE MEETING
Lihue Civic Center, Moikeha Building
Meeting Room 2A-213
4444 Rice Street, Lihue, Hawaii 96766
Tuesday, June 22, 2010, 8:30 A.M.
AGENDA
Call to Order
Approval of the Agenda
Minutes - Meeting of May 25, 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-2010-08 = Enrico Santelli Jr. Trust/Scott F. 3-lot Boundary Adjustment
Schweiger Trust/Roger M. & Judy Peckeupaugh TMK: 2-5-001:001, 009, 010
Lawa`i, Kauai
b. S-2010-10=John Ka`ana`ana 2-lot Subdivision
TMK: 4-1-008:026
Wailua Houselots, Kauai
E. ADJOURNMENT
Planning Commission Agenda
June 22, 2010