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HomeMy WebLinkAboutAgenda 09-28-10 web KAUAI PLANNING CONI IISSION REGULAR MEETING Tuesday, September 28, 2010 9:00 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 A. GENERAL BUSINESS MATTERS (For Action) Executive Session: 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) 1. Annual Status Report (8/18/10) from Max W. J. Graham, Jr., Esq., regarding Compliance with Permit Conditions for Special Management Area Use Permit SMA(U)-2008-5, Use Permit U-2008-4 and Class IV Zoning Permit Z-IV-2008-6, Tax Map Keys (4) 5-2-012: 035, Kilauea, Kaua'i = Charles M. Somers and West Sunset 32Phase 1 LLC. a. Staff Report pertaining to this matter. 2. Letter (Received 9/16/10) from Dan Green, relating to making a presentation on "Hydrogen and Kauai" at the Planning Commission's October 28, 2010 meeting. C. SUBDIVISION - Action on subdivision matters listed in the Subdivision Committee Agenda (attached). D. UNFINISHED BUSINESS (For Action) 1. 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. [Director's Report received 7/13/10, hearing closed 7/27/10.] D. UNFINISHED BUSINESS (For Action) (Cont'd) 2. 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. [Director's Report received 8/10/10, hearing closed 8/24/10.] a. Supplemental Director's Report pertaining to this matter. 3. 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, Kapa`a, Kaua'i, and containing a total area of 3.161 acres = Go Karts Kauai. [Director's Report received 8/10/10 and hearing closed 8/10/10.] a. Request for Withdrawal (9/17/10) of 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, Kapa`a, Kaua'i. b. Letter (7/28/10) from Jim Mayfield, President, Island Business and Commercial Brokerage, leasing agent who initially proposed the subject property to tenant, explaining why property was chosen, and to provide personal observations. C. Letters in Opposition/With Concerns to Application from: 1. Sunny Gail Mitsui (8/4/10) 2. Patrick Kittler (8/17/10) 3. Kathy and Randie Peters (8/15/10) 4. Gene N. Quint (8/17/10) 4. Zoning Amendment ZA-2010-11 for a bill to consider the addition of an additional section to Chapter 8, Article 24 relating to the imposition of civil fine authority for the County of Kauai Planning Department = County of Kauai Planning Commission. [Hearing closed 8/24/10, deferred 9/14/10.] a. Staff Report pertaining to this matter. 5. 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, Intervenor granted intervenor status and contested case hearing scheduled for September 28, 2010 6/22/10.] a. Letters in Opposition/With Concerns to Application from: 1. Ed and Joyce McDowell (6/21/10) 2. Elaine Logan (6/24/10) 3. Lawrence Taubman (7/14/10) b. Letters in Support of Application from: 1. Steve Backinoff(4/20/10) 2. Susie Chevalier-Puig (5/4/10) 3. Keone Kealoha for Kilauea Neighborhood Association (6/1/10) 4. Gordon Perry & Family (6/8/10) Planning Commission Agenda September 28, 2010 D. UNFINISHED BUSINESS (For Action) (Cont'd) 5. Class IV Zoning Permit Z-IV-2010-15, Use Permit U-2010-14 and Special Permit SP-2010-3 -AnainaHou, LLC. (Cont'd) b. Letters in Support of Application from: (Cont'd) 5. Gary A. Pacheco (6/15/10) 6. Samantha Hamilton (6/15/10) 7. William Patterson (6/15/10) 8. Katie Brennan (6/15/10) 9. Faith Collier (6/16/10) 10. Diana Bowman (6/17/10) 11. Kehaulani Kekua (6/18/10) 12. Marcel and Lori Persoon (6/18/10) 13. Deborah Weaver (6/19/10) 14. Steve Whitney (6/20/10) 15. Markeeta Smith (6/20/10) 16. Rebekah Anderson (6/20/10) 17. Jennifer Stetts (6/20/10) 18. Maren Orion Oppenheimer (6/21/10) 19. Brian Lansing (6/21/10) 20. Amanda C. Gregg/Theresa Koki (6/22/10) 21. Elizabeth Kreitzer (6/22/10) 22. William Eckert (6/22/10) 23. Jody Linn, Cassiah Linn, Skyler Wilson (Undated, Received 6/24/10) 24. Katie Paul (Undated, Received 6/24/10) 25. Andrew Pendleton (Undated, Received 6/24/10) 26. Edelle Sher (Undated, Received 6/24/10) 27. Chris Jaeb (Undated, Received 6/24/10) 28. Katherine Moyes (Undated, Received 6/24/10) 29. Petition - 17 Signatures (Undated, Received 6/23/10) 30. Petition- 158 Signatures (Undated, Received 6/24/10) C. Appointment of Hearings Officer for Contested Case Hearing for Class IV Zoning Permit Z-IV-2010-15, Use Permit U-2010-14 and Special Permit SP- 2010-3. E. NEW PUBLIC HEARING 1. Use Permit U-2011-3, Special Permit SP-2011-1 and Class IV Zoning Permit Z-IV- 2011-3 to permit the construction and operation of a solar power facility in Kapa`a, located approx. 500 ft. south of the Olohena Road, Kaapuni Road and Kaehulua Road intersection, Kauai, further identified as Tax Map Key 4-3-003: 001 and affecting an area of approx. 4 acres - Kapa`a Solar, LLC. [Director's Report received 9/14/10.] 2. Use Permit U-2011-4, Special Permit SP-2011-2 and Class IV Zoning Permit Z-IV- 2011-4 to permit a helicopter tour landing area for visitation and viewing of Hali'i Falls located on Hali i Stream, approx. 1.5 miles west of Kilohana Crater, Kaua'i, further identified as Tax Map Key 3-8-001: 001 (affecting an area of approx. 1,500 sq. ft.) -Inter-Island Helicopters, Inc. [Director's Report received 9/14/10.] F. NEW BUSINESS 1. For Action - See Agenda E for Proiect Descriptions. a. Use Permit U-2011-3, Special Permit SP-2011-1 and Class IV Zoning Permit Z- IV-2011-3 - Kapa `a Solar, LLC. b. Use Permit U-2011-4, Special Permit SP-2011-2 and Class IV Zoning Permit Z- IV-2011-4 -Inter Island Helicopters, Inc. Planning Commission Agenda September 28, 2010 F. NEW BUSINESS (Cont'd) 2. For Acceptance into Record - Director's Report(s) for Proiect(s) Scheduled for Public Hearing on 10/12/10. a. Special Permit SP-2011-3, Use Permit U-2011-5 and Class IV Zoning Permit Z- IV-2011-5 to permit the operation of outdoor recreation activities and the construction of recreation facilities, including zip-line facilities, on lands located approx..25 miles east of the Kipu Road and Aakukui Road intersection, Kauai, further identified as Tax Map Keys 3-3-001: 001, 3-3-018: 002, and 3-1- 002: 001, and affecting an area of approx. 5 acres - Outfitters Kauai, Ltd 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 September 28, 2010 KAUAI PLANNING COMMISSION SUBDIVISION COMMITTEE MEETING Lihue Civic Center, Moikeha Building Meeting Room 2A-213 4444 Rice Street, Lihue, Hawaii 96766 Tuesday, September 28,2010,8:30 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. Tentative Subdivision Action: a. S-2011-04 =S. Otsuka Estates, Inc. 4-lot Subdivision TMK: 4-3-009:004 Kapa`a, Kauai b. S-2011-05 =S. Otsuka Estates, Inc. 10-lot Subdivision TMK: 4-3-009:004 Kapa`a, Kauai C. S-2011-06 =Kaoaa Sands (Setter-Brown, Inc.) 2-lot Subdivision TMK: 4-3-002:002 Kapa`a, Kauai d. S-2011-07 -Gary L. Blaich 2-lot Subdivision TMK: 1-2-03:04 Kapa`a, Kauai e. S-2011-08 = Gregory & Susan Strickland 2-lot Subdivision TMK: 4-3-009:029 Kapa`a, Kauai f S-2011-09 = J. Frederick/Gary E. Bolster (aka. Kauai 10-lot Subdivision Kai)/Creighton S. Fuji/Masakatsu & Mieko Katsura TMK: 4-3-009:038 Kapa`a, Kauai 2. Final Subdivision Action: a. S-2007-20 = Kukui'ula Development Co. (Hawaii) 2-lot Subdivision LLC. TMK: 2-6-015:001 Kukui`ula, Kauai D. NEW BUSINESS (For Action) 2. Final Subdivision Action: (Cont'd) b. S-2009-19 -Alexander & Baldwin Properties, Inc./ 6-lot Subdivision McBryde Sugar Co., Ltd TMK: 2-6-003: Various; 2-6-004: Various Kukui`ula, 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.