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HomeMy WebLinkAboutAgenda 08-10-10 web KAUAI PLANNING CONI IISSION REGULAR MEETING Tuesday, August 10, 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 Meetings of July 13, 2010 and July 27, 2010 A. GENERAL BUSINESS MATTERS (For Action) 1. Executive Session: Pursuant to Hawai'i Revised Statutes Sections 92-4, 92-5(a)(4) and (8), and Kauai County Charter section 3.07(E), the purpose of this executive session is to discuss with the Commission legal issues pertaining to Non- Conforming Use Certificate application TVNC-1086 at TMK 2-6-11:001. This briefing and consultation involves the consideration of the powers, duties, privileges, immunities and/or liabilities of the Commission as they relate to this agenda item. B. COMMUNICATION (For Action) 1. Communication from Malcolm Fernandez, Personnel Director, relating to certifications of satisfactory performance pursuant to procedures established by the Personnel Director on the annual evaluations for nonelected appointees due to the Personnel Director no later than October 25, 2010. 2. Letter dated 8/2/2010 from Planning Director Ian K. Costa to Caven Raco, Chair, Kauai Planning Commission, requesting that the Planning Commission initiate proceedings for the following amendment to Chapter 8 of the Kauai County Code. a. A bill to add an additional section to Chapter 8, Article 24 of the Kauai County Code relating to the imposition of civil fine authority for the County of Kauai Planning Department. C. SUBDIVISION - Action on subdivision matters listed in the Subdivision Committee Agenda (attached). D. UNFINISHED BUSINESS (For Action) 1. Memorandum (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. [Staff Report received and deferred 7/13/10.] a. Inspection Report pertaining to this matter. E. NEW PUBLIC HEARING 1. Use Permit U-2010-21 and Class IV Zoning Permit Z-IV-2010-23 for the construction of an enclosure along the western end of the Lrhu'e Public Library, measuring approx. 1,200 sq. ft. for three (3) Air Conditioning Units, on a parcel situated on the northern side of Hardy Street, immediately across the Wilcox Elementary School campus, further identified as Tax Map Key 3-6-015: 029, and containing a total area of 53,330 sq. ft. - State of Hawaii, Department of Accounting and General Business. [Director's Report received 7/27/10.] E. NEW PUBLIC HEARING (Cont'd) 2. Use Permit U-2010-22 and Class IV Zoning Permit Z-IV-2010-24 to establish and operate a Go-Cart track and concession on a portion of the former Hale Kaua'i/Honsador Lumber Yard situated at 5633 Kawaihau Road. The property is located on the south side of Kawaihau Road, approx. 300 ft. west of its intersection with Kuahale Street, further identified as Tax Map Key 4-6-037: 067, and containing a total area of 3.161 acres - Go Karts Kauai. a. Director's Report pertaining to this matter. b. Testimony and contents containing Petition with 200 signatures, 138 letters, 2 letters to the editor, and a copy of the certified mailing received by some residents in the area, in opposition to application, transmitted by letter (8/2/10) from Randie and Kathy Peters. F. NEW BUSINESS 1. For Action - See Agenda E for Proiect Descriptions. a. Use Permit U-2010-21 and Class IV Zoning Permit Z-IV-2010-23 - State of Hawaii, Department of Accounting and General Business. b. Use Permit U-2010-22 and Class IV Zoning Permit Z-IV-2010- - Go Karts Kauai. 2. For Acceptance into Record - Director's Report(s) for Proiect(s) Scheduled for Public Hearing on 8/24/10. a. Use Permit U-2011-1, Class IV Zoning Permit Z-IV-2011-1 and Special Management Area Use Permit SMA(U)-2011-1 to permit construction of a new single family residence, accessory agricultural storage and office structures, development of irrigation well, accessory photovoltaic installation, demolition of structure and archaeological restoration of historical auwai, rock walls, and terraces in Open-Special Treatment District (O/ST-R) in Kahili Ahupuaa, located in Kilauea, approx. 1,700 ft. from Kahili Makai Road and 2,700 ft. from the intersection of Kahili Makai Road and Kuhi`o Highway, further identified as Tax Map Key 5-2-012: 019 & 5-2-021: 041: 0001 (por.) and containing approx. 18.164 acres - Hendrikus Group, Inc. b. Use Permit U-2011-2 and Class IV Zoning Permit Z-IV-2011-2 to permit a bus stop in Open-Special Treatment (O/ST-P) on Kuhi`o Highway at the intersection of Kou Street, in Kapa`a, further identified as Tax Map Key 4-5-012: 015, and containing a total area of.826 acres - County ofKaua'i, Transportation Agency. 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 August 10, 2010 KAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING Lihue Civic Center, Moikeha Building Meeting Room 2A-213 4444 Rice Street, Lihue, Hawaii 96766 Tuesday, August 10, 2010, 8:30 A.M. AGENDA Call to Order Approval of the Agenda Minutes - Meetings of June 22, 2010 & July 27, 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-2010-12=State of Hawaii-Dept ofLand& 2-lot Subdivision Natural Resources, Land Division TMK: 4-6-003:004, 010, 021,034 Kapa`a, Kauai b. S-2011-01 - Canpartuers Realty Holding Company 2-lot Boundary Adjustment IVKealia, LLC. TMK: 4-7-003:002 Kealia, Kauai C. S-2011-02 - Canpartuers Realty Holding Company 2-lot Boundary Adjustment IVKealia, LLC. TMK: 4-7-004:001 Kealia, 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.