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HomeMy WebLinkAboutAgenda 5-10-11 REGULAR MEETINGweb KAUAI PLANNING COMMISSION REGULAR MEETING Tuesday, May 10, 2011 9:00 A.M. Lihue Civic Center, Moikeha Building Meeting Room 2A-2B 4444 Rice Street, Lihue, Kauai, Hawaii AGENDA Call to Order Approval of the Agenda Receipt of Items for the Record A. GENERAL BUSINESS MATTERS (For Action) 1. Request (4/21/11) to Amend Special Permit SP-2008-3, Use Permit U-2008-5, Variance Permit V-2008-3 and Class IV Zoning Permit Z-IV-2008-7 to allow an increase in the overall height of the energy plant and stack, to extend the construction completion period of the plant, and to accept the Annual Report for the project, Tax Map Key 2-7-001: 001, K61oa, Kaua'i= Green Energy Team LLC. a. Supplemental Staff Report pertaining to this matter. 2. Executive Session: Pursuant to Hawai'i Revised Statutes Section 92-4, 92-5(a)(4) and (8), and Kaua'i County Charter Section 3.07(E), the Office of the County Attorney requests an executive session with the Planning Commission to provide a briefing regarding legal issues related to the implementation of Ordinance No. 904. This briefing and consultation involves the consideration of the powers, duties, privileges, immunities and/or liabilities of the Planning Commission and the County as they relate 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. Use Permit U-2011-6, Variance Permit V-2011-1 and Class IV Zoning Permit Z-IV-2011-6 to permit the construction and operation of a telecommunication facility that includes a 165 ft. high stealth monopine (a monopole designed to look like a pine tree) and associated equipment at a site located on a cane haul road approx. 90 ft. north of the cane haul road's intersection with Kaumuali`i Highway intersection, said intersection is located approx. 1.7 miles west of the Kaumuali`i Highway and Kipu Road intersection, and approx. .40 miles north of that area generally referred to as Halfway Bridge, further identified as Tax Map Key 3-4-001: 003, and affecting a 600 sq. ft. portion of a 2,668.037 acre parcel = Sprint/Nextel. [Director's Report received 12/14/10, hearing closed 1/11/11, deferred 2/8/11, application denied 2/22/11, Reconsideration Granted and Action Deferred 3/22/10, Deferred, Action based on vote to reconsider, 4/12/11, deferred 4/26/11.] a. Supplement No. 3 to Director's Report pertaining to this matter. [Received 4/12/11, deferred 4/26/11.] b. Letter (3/30/11) from Carl Young, addressing concerns raised at the previous Planning Commission meeting. [Received 4/12/11, deferred 4/26/11.] c. Supplement No. 4 to Director's Report pertaining to this matter. E. PUBLIC HEARING 1. New Public Hearings: a. Use Permit U-2011-12, Special Permit SP-2011-7 and Class IV Zoning Permit Z-IV- 2011-12 to conduct guided tours of an existing botanical farm at a property located on Ahonui Place, approx. 900 ft. west of the Ahonui Place and Kapa Ka Street intersection; further identified as Tax Map Key 5-3-008: 12, and affecting an 8 acre portion of 25.303 acres = William E. Robertson Trust and Lucinda G. McDonald Trust. [Director's Report received 4/26/11.] 1. Letter(5/3/11) from Charlie Bass, opposed to application. 2. Letter(4/24/11) from Kelley Carswell-Haneberg, opposed to application. 3. Letter(4/24/11) from Jon Haneberg, opposed to application. b. Use Permit U-2011-11, Special Permit SP-2011-6 and Class IV Zoning Permit Z-IV- 2011-11 to allow development of a 3MW solar power photovoltaic (PV) system including a series of ground supported flat panels and 12 transformers, on a parcel located along the eastern side of Hapa Road in K61oa, situated directly across St. Rafael Catholic Church, and approx. 2,800 ft. south of its intersection with Weliweli Road, further identified as Tax Map Key 2-8-014: 001 (por.), and affecting a total area of 18.8 acres =AES Solar Power LLC. [Director's Report received 4/26/11.] c. Use Permit U-2011-10, Special Permit SP-2011-5 and Class IV Zoning Permit Z-IV- 2011-10 to permit the construction and operation of a zip-lining outdoor recreation area at a site located on a cane haul road approx. 1,200 ft. north of the cane haul road's intersection with Kaumuali`i Highway, said intersection is located approx. 0.5 miles east of the Kaumuali`i Highway and Punee Road intersection, further identified as Tax Map Keys 2-7-001: 002 and 2-7-001: 005, and affecting a 7,500 sq. ft. portion of a 1277.276 acre parcel=Zipline Franchising, LLC. [Director's Report received 4/26/11.] 2. Continued Public Hearing: (NONE) F. NEW BUSINESS 1. For Action—See Agenda E for Proiect Descriptions. a. Use Permit U-2011-12, Special Permit SP-2011-7 and Class IV Zoning Permit Z-IV- 2011-12 = William E. Robertson Trust and Lucinda G. McDonald Trust. b. Use Permit U-2011-11, Special Permit SP-2011-6 and Class IV Zoning Permit Z-IV- 2011-11 =AES Solar Power LL C. c. Use Permit U-2011-10, Special Permit SP-2011-5 and Class IV Zoning Permit Z-IV- 2011-10 =Zipline Franchising, LL C. d. Zoning Amendment ZA-2011-3 =Kaua'i County Council. 2. For Acceptance into Record — Director's Report(s) for Proiect(s) Scheduled for Public Hearing on 5/24/11. (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. 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 May 10,2011