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Home My WebLink AboutAgenda 04-13-10 KAUAI PLANNING CONMSSION REGULAR MEETING Tuesday, April 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 Minutes - Regular Meeting of March 9, 2010 Executive Session of March 23, 2010 A. GENERAL BUSINESS MATTERS (For Action) 1. Request (3/8/10) from Mark and Diane Daniells to delete condition No. 3 of Use Permit U-90-38 and Class IV Zoning Permit Z-IV-90-51 relative to the operation of a 288 sq. ft. art study/gallery, Tax Map Key 5-5-4:3, Hanalei, Kaua'i. a. Staff Report pertaining to this matter. 2. Request (3/4/10) from Dr. Thomas Tannery to amend Use Permit U-2004-24, Variance Permit V-2004-10 and Class IV Zoning Permit Z-IV-2004-25 to create an open air pavilion by adding a roof and columns over 1,512 sq. ft. of existing concrete slabs besides the swimming pool, Tax Map Key 3-3-3: 43, Puhi, Kaua'i = YMCA of Kauai. a. Staff Report pertaining to this matter. 3. Annual Status Report (3/30/10) from Kikiaola Laud Company, as required by Condition No. 16 of Ordinance No. PM-2009-390. a. Staff Report pertaining to this matter. 4. Building, Location, Material and Final Design Review for a Single-Family Residence on Lot 12, Wainiha Subdivision II, S-84-58, further identified as Tax Map Key (4) 5-8-009: 051 = Craig Dobbin. a. Staff Report pertaining to this matter. B. COMMUNICATION 1. Status Report (2/26/10) from State of Hawai'i, Department of Land and Natural Resources, State Parks Division, as to Condition No. 3 for Special Management Area Use Permit SMA(U)-2007-2, Tax Map Key (4) 5-9-008: por. 1, F[Wena, Kaua'i = State of Hawaii, Department of Laud and Natural Resources. B. COMMUNICATION (Continued) 2. Letter (3/11/10) from Beryl Blaich, Coordinator, Malama Maha ulepu, requesting the Kaua'i Planning Commission review the conditional permits for the New Maha ulepu Quarry relating to U-92-36, SP-92-6, Z-IV-92-38, original applicant Grove Farm Company, transferred to current permit holder Jas. W. Glover, Ltd a. Related information: Letter dated March 10, 2010 by David Pirie of Jas. Glover, Ltd., providing an annual status report to the State Land Use Commission relating to the existing status of LUC Docket No. SP92-382 (Use Permit U-92-36, Special Permit SP-92-6, and Class IV Zoning Permit Z-IV-92- 38) C. SUBDIVISION - Action on subdivision matters listed in the Subdivision Committee Agenda (attached). D. UNFINISHED BUSINESS (For Action) 1. Class IV Zoning Permit Z-IV-2010-12 to permit the construction and operation of a telecommunication facility comprised of a 70' monopole and associated equipment located on Kekaha Road, immediately north of the Kekaha Road and Kala Road intersection, Kekaha, Kauai, further identified as Tax Map Key 1-3-009: 001, and containing a lot area of 1.943 acres = Sprint Together with Nextel. [Director's Report received 2/23/10, hearing closed 3/9/10.] a. Agency Comment (3/10/10) from Kaua'i Historic Preservation Review Commission. b. Executive Session: Pursuant to Hawai'i Revised Statutes Sections 92-4 and 92- 5(a)(4), the purpose of this executive session is to consult with the County's legal counsel on questions, issues, status and procedural matters. This consultation involves consideration of the powers, duties, privileges, immunities, and/or liabilities of the Commission and the County as they relate to these agenda items. 2. Use Permit U-2010-11 and Class IV Zoning Permit Z-IV-2010-13 to permit the construction and operation of a telecommunication facility comprised of a 70' monopine (a monopole designed to look like a pine tree) and associated equipment located on a property approx. 600' west of the Po'ipu Road and Malino Road intersection, Koloa, Kaua'i, further identified as Tax Map Key 2-8-010: 009, and containing a lot area of 3 acres = Sprint Together with Nextel. [Director's Report received 2/23/10, hearing closed 3/9/10.] 3. Letter (2/23/10) from Carol Suzawa, Chairperson, Charter Review Commission, to Ian Costa and Members of the Planning Commission, requesting comment relating to the Charter Review Commission's consideration of various Charter amendments that propose to revise the way in which Commission appointed department heads are hired and removed. [Deferred 3/23/10.] a. Staff Report pertaining to this matter. E. PUBLIC HEARING 1. Continued Hearing: (NONE) Planning Commission Agenda April 13, 2010 E. PUBLIC HEARING (Continued) 2. New Public Hearing: a. Zoning Amendment ZA-2010-7 - Kauai Kai Associates Request: Expansion of the existing Waipouli Visitor Destination Area boundaries to recognize the existing Kaua'i Kailani time share development. Location: Waipouli, Kaua'i. South of and abutting the Wana Road and Kuhi`o Highway intersection. Land Area: Approx. 1.719 acres. Tax May Kev: 4-3-9: 41 & 50 1. Staff Report pertaining to this matter. b. Special Management Area Use Permit SMA(U)-2010-3 to permit construction of a secondary Individual Wastewater System Improvement in the form of a constructed wetland ecological system for the disposal of wastewater for the HXena State Park comfort station near the end of Kuhi`o Highway, within Ha'ena State Park, further identified as Tax Map Key 4-5-9-008: 001, and containing a total area of 50.38 acres - State of Hawaii, Department of Laud and Natural Resources, Engineering Division. 1. Staff Report pertaining to this matter. F. NEW BUSINESS 1. For Action - See Agenda E for Proiect Descriptions. a. Zoning Amendment ZA-2010-7 - Kauai Kai Associates. b. Special Management Area Use Permit SMA(U)-2010-3 - State of Hawaii, Department of Land and Natural Resources, Engineering Division. 2. For Acceptance into Record - Director's Reports for Proiects Scheduled for Public Hearing for 4/27/10 Public Hearing. a. 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, Kaua'i, further identified as Tax Map Key 5-2-017: 028, and affecting a 6.55 acres portion of a 15.17 acre property - Anaina Hou LLC. 3. For Acceptance and Finalization - Director's Report for Shoreline Setback and Activitv Determination. a. Planning Director's Report pertaining to a shoreline setback and activity determination (SSCR-2010-6) for a shoreline setback determination, Kapa`a, Kauai, Tax Map Key (4) 4-5-007:001, for acceptance by the Commission = County of Kauai, Pubic Works. b. Planning Director's Report pertaining to a shoreline setback and activity determination (SSCR-2010-7) for a shoreline setback determination and Shoreline Setback Variance (SSV-2010-1) to deviate from the standards of Section 8-27 of the Kaua'i County Code for repair an existing roadway, Anahola, Kauai, Tax Map Key (4) 4-8-018:028, 029, for acceptance and action by the Commission = County of Kauai, Pubic Works. Planning Commission Agenda April 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 April 13, 2010 KAUAI PLANNING CONI IISSION SUBDIVISION CONI IITTEE MEETING Lihue Civic Center, Moikeha Building Meeting Room 2A-213 4444 Rice Street, Lihue, Hawaii 96766 Tuesday, April 13, 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 Extension Requests: a. S-2009-13 = Grove Farm Properties, Inc. 99-lot Subdivision TMK: 3-3-003:041 Lrhu`e, Kauai b. S-2009-14 -Grove Farm Properties, Inc. 20-lot Subdivision TMK: 3-3-003:041 Lrhu`e, Kauai C. S-2009-15 = Grove Farm Properties, Inc. 109-lot Subdivision TMK: 3-3-003:041 Lrhu`e, 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. Planning Commission Agenda April 13, 2010