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KAUAI PLANNING CONI IISSION
REGULAR MEETING
Tuesday, July 13, 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 June 8, 2010
A. GENERAL BUSINESS MATTERS (For Action)
1. Consideration of Infrastructure Master Plan for the Lihu`e/Hanama`ulu Master Plan
Area, pursuant to Condition No. 15 of Ordinance No. PM-326-96, Zoning
Amendment ZA-96-2, further identified as Tax Map Key: 3-6-002:001; 3-7-001:001;
3-7-002:001, 012; 3-7-003:020 - Visionary LLC (formerly Lzhu `e Plantation Co.,
Ltd & Amfac/JMB).
a. Staff Report pertaining to this matter.
2. Request to amend the Draft Urban Design Plan of the Lihu`e/Hanama`ulu Master
Plan Area, pursuant to Condition No. 6 of Ordinance No. PM-326-96, Zoning
Amendment ZA-96-2, further identified as Tax Map Key: 3-6-002:001 - Visionary
LLC (formerly Lahu `e Plantation Co., Ltd & Amfac/JMB).
a. Staff Report pertaining to this matter.
3. Executive Session:
a. 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 discuss 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,
Kaua'i - Koloa Creekside Estates LLC. and related matters. 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. Pursuant to Hawai'i Revised Statutes Sections 92-4 and 92-5(a)(2 & 4), the
purpose of this executive session is to discuss matters pertaining to the
Planning Director and, if necessary, to consult with the County's legal counsel.
This session pertains to the evaluation of the Planning Director where
consideration of matters affecting privacy will be involved and, if necessary, to
consult with legal counsel regarding the powers, duties, privileges, immunities,
and/or liabilities of the Planning Commission as it relates to this agenda item.
B. COMMUNICATION (For Action) (NONE)
C. SUBDIVISION - Action on subdivision matters listed in the Subdivision Committee
Agenda (attached). (NONE)
D. UNFINISHED BUSINESS (For Action)
1. 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. [Hearing closed 6/22/10.]
E. NEW PUBLIC HEARING
1. 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 of
Public Works. [Director's Report received 6/22/10.]
a. Supplemental Director's Report pertaining to this matter.
F. NEW BUSINESS
1. For Action - See Agenda E for Proiect Descriptions.
a. Permit U-2010-18 and Class IV Zoning Permit Z-IV-2010-20 - County of
Kauai, Department ofPublic Works.
2. For Acceptance into Record - Director's Report for Proiect Scheduled for
Public Hearing for 7/27/10 Public Hearing.
a. Use Permit U-2010-19 and Class IV Zoning Permit Z-IV-2010-21 to establish a
telecommunication facility partially atop the roof of a supermarket, located on
Koloa Road, at the intersection of Koloa Road and Waikomo Road, Koloa,
Kauai, further identified as Tax Map Key 2-8-008: 042 - Verizon Wireless.
1. Director's Report pertaining to this matter.
b. Use Permit U-2010-20 and Class IV Zoning Permit Z-IV-2010-22 to construct
an administration building and covered pedestrian walkway at Kalaheo School,
located on Maka Road, at the intersection of Maka Road and Pu'u Road,
Kalaheo, Kauai, further identified as Tax Map Key 2-3-002: 005 - State of
Hawaii, Department of Education.
1. Director's Report pertaining to this matter.
3. For Acceptance and Finalization - Director's Report for Shoreline Setback
Activity Determination. (NONE)
4. Memorandum (7/7/10) from Deputy Planning Director Imaikalani Ain to Caven
Raco, Chair, Kauai Planning Commission, requesting the Commission reconfirm
consent to approve TV-1073-NCU, Tax Map Key 4-9-004: 007, Michael H.
Lorscheider and TVNC-1345, Tax Map Key 4-5-002: 004, Cynthia P. Bloom, and
TV-1075-NCU, Tax Map Key 1-3-003: 073, Sarah Grossman, originally approved
January 26, 2010.
a. Staff Report pertaining to this matter.
5. Memoradum (7/7/10) from Deputy Planning Director Imaikalani Ain to Caven
Raco, Chair, Kaua'i Planning Commission, recommending the Commission consent
to TVNC-1078, Tax Map Key 5-8-009: 013, James R. Christiansen.
a. Staff Report pertaining to this matter.
Planning Commission Agenda
July 13, 2010
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
July 13, 2010