HomeMy WebLinkAboutAgenda 10-26-10 WEB
KAUA'I PLANNING COMMISSION
REGULAR MEETING
Tuesday, October 26, 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
Minutes - Meeting of September 28, 2010
A. GENERAL BUSINESS MATTERS (For Action)
1. Annual Status Report (9/10/10) submitted by Michael J. Belles, Esq., regarding
Compliance with Permit Conditions for Special Management Area Use Permit SMA(U)-
2007-13, Project Development Use Permit P.D. U-2007-25 and Class IV Zoning Permit
Z-IV-2007-29, Tax Map Keys 2-8-16: 3 & 4 and 2-8-15: 43, 44 & 82, Po'ipu, Kauai =
Po'ipu Sheraton Kauai Resort (SVO Pacific, Inc.).
a. Staff Report pertaining to this matter.
2. Request (9/27/10) submitted by Michael J. Belles, Esq., requesting a two-year extension
of time in which to commence the implementation of the project as approved by the
Planning Commission by amending Condition No. 7 of Special Management Area Use
Permit SMA(U)-2008-4, Tax Map Key 4-3-2: 12, Wailua, Kauai = Consolidated
Resorts, Inc. (aka Consolidated Maui, Inc.)
a. Staff Report pertaining to this matter.
3. 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) (NONE)
C. SUBDIVISION - Action on subdivision matters listed in the Subdivision Committee
Agenda (attached). (NONE)
D. UNFINISHED BUSINESS (For Action)
1. Proposed adoption and amendment of administrative rules pertaining to the Practice and
Procedure of the Kaua'i Planning Commission:
1. Adoption of a proposed Chapter 6A relating to non-conforming use certificate
appeals;
2. Amendment of Chapter 1 pertaining to the definitions; and
3. Amendment of Chapter 9 relating to appeals from the Planning Director - County of
Kauai Planning Commission.
[Staff Report received 10/12/10, hearing closed 10/12/10.]
a. Supplemental Staff Report pertaining to this matter.
E. CONTINUED PUBLIC HEARING
1. 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, Kaua'i, 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 [Director's Report received 9/28/10, hearing continued
10/12/10.]
a. Testimony (10/12/10) from Chris Kauwe.
b. Agency Comment from United States Department of Interior, Fish and Wildlife
Service, Kaua'i National Wildlife Refuge Complex (10/12/10).
F. NEW BUSINESS
1. For Action - See Agenda E for Proiect Descriptions.
a. Special Permit SP-2011-3, Use Permit U-2011-5 and Class IV Zoning Permit Z-IV-
2011-5 - Outfitters Kauai, Ltd
2. For Acceptance into Record - Director's Report(s) for Proiect(s) Scheduled for
Public Hearing on 11/9/10. (NONE)
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. FIRS 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. FIRS 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
October 26, 2010