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HomeMy WebLinkAbout2010-03-25 Open Space Commission Minutes COUNTY OF KAUAI PUBLIC ACCESS, OPEN SPACE, & NATURAL RESOURCES PRESERVATION FUND COMMISSION Lihue Civic Center, Moikeha Building, Meeting Room 2A/213 MINUTES A regular meeting of the County of Kaua'i Public Access, Open Space & Natural Resources Preservation Fund Commission of the County of Kauai was held on March 25, 2010, in the Lihue Civic Center, Moikeha Building Meeting Room 2A/2B. The following Commissioners were present: Jean Souza, Chairperson, Tessie Kinnaman, Vice Chairperson, Beryl Blaich, Puna Dawson, and Eugene Punzal. The following Commissioners were absent: Linda Dela Cruz, Johanna Ventura and two (2) vacancies. The following staff members were present: Imaikalani Aiu, Nani Sadora, and Duke Nakamatsu. Presentation of Plaque of Appreciation to Commissioner Dawson. Mayor Bernard Carvalho and Deputy Planning Director Imaikalani Aiu presented Commissioner Dawson with a pen and plaque of appreciation for her service to the Open Space Commission and the County. CALL TO ORDER Chair Souza called the meeting to order at 1:27 p.m. APPROVAL OF AGENDA MOTION: It was moved by Tessie Kinnaman and seconded by Beryl Blaich to approve the agenda. All were in favor by unanimous voice vote — motion passed. APPROVAL OF MEETING MINUTES — regular meeting minutes of 2/11/10 and 2/25/10 and executive session minutes of 1/14/10 and 2/11/10. Regular meeting minutes of 2/11/10 —Approved. 1 MOTION: It was moved by Tessie Kinnaman and seconded by Eugene Punzal to approve the 2/11/10 meeting minutes. All were in favor by unanimous voice vote — motion passed. Regular meeting minutes of 2/25/10 —Approved. MOTION: It was moved by Beryl Blaich and seconded by Tessie Kinnaman to approve the 2/25/10 meeting minutes. All were in favor by unanimous voice vote — motion passed. Executive session minutes of 1/14/10 —Approved. MOTION: It was moved by Tessie Kinnaman and seconded by Eugene Punzal to approve the 1/14/10 executive session minutes. All were in favor by unanimous voice vote — motion passed. Executive session minutes of 2/14/10 — Deferred. MOTION: It was moved by Tessie Kinnaman and seconded by Beryl Blaich to defer approval of the 2/14/10 executive session minutes. All were in favor by unanimous voice vote — motion passed. ANNOUNCEMENTS Ms. Sadora announced that staff distributed copies of newspaper articles regarding the State historic preservation division for the Commission's information. UNFINISHED BUSINESS Status of filling of vacant Commission positions. Ms. Sadora stated that there were no updates but she has been working actively with the Administration and the Council. She hoped to have better news in the next couple of weeks. 2 Commissioner Blaich stated that some Council members were under the impression that they were replacing her position, but they also need to replace Caren Diamond's former position. Commissioner Punzal stated that some North Shore residents have been approached by the Council regarding the Commissioner positions. Chair Souza asked staff to convey to Commissioner Dela Cruz the importance of attending the meetings regularly since every Commissioner is important. The Commission expressed appreciation to Commissioner Dawson for all of her wisdom and for being a guiding light for the Commission. Commissioner Dawson stated that it was a positive and worthwhile experience and that she is looking forward to the Commission's continued work. Update and discussion of the Commission's work plan/timeline of events and activities through 2010, to include future Commission education topics and scope and timing of facilitated review of the Commission's vision, goals, direction, priorities, processes, and proposals. Staff distributed copies of the latest handout from Nadine Nakamura reflecting the proposed changes to Ordinance 812 that the Commission discussed two meetings ago. Chair Souza stated that the Commission will be scheduling meetings with the Mayor, the Council Chair, and the Chair of the Planning Committee. She pointed out that during the prior meetings the Commission did not discuss increasing the one half of one percent amount of certified tax revenues that forms the basis for the Open Space fund. She stated that it may have been an oversight and asked Commissioners if they wanted to call attention to it. Commissioner Blaich stated that she didn't mention it because she felt that it was critical to clarify the Commission's role and what they are able to do. She felt that recommendations to increase or leverage the fund could be done in the annual reports to Council. Chair Souza stated that she personally felt the Council could elect to increase the fund, but the Commission could propose a modification. She noted that even $10 million wouldn't allow for acquisition of half of the total list. She said that the Commission had considered suggesting a 2% increase or a lump sum deposit in the past. Commissioner Punzal stated that he felt they should take advantage of asking for more funding. He said that if they are going to be realistic, they will require a bigger fund. 3 Chair Souza stated that there could be a list of discussion points regarding the budget and the allotment without actually changing the Ordinance. Commissioner Blaich said that if the Commission states in the annual report that they desire a $1 million allotment, she would argue that under B, the Commission can advocate and propose policies and legislation to further public access. Commissioner Kinnaman stated that she is satisfied with the wording in the Ordinance and felt that the Planning Department could work an increase to the percentage into the budget request based on estimates on what specific acquisitions would cost. Commissioner Dawson stated that the Commission could suggest raising the minimum without having to reword the Ordinance. Chair Souza asked Deputy Planning Director Imai Aiu to share his thoughts. Mr. Aiu cautioned against being too specific in the Ordinance to prevent loss of flexibility. He said that the minimum guideline seems to work because it's flexible. Commissioner Kinnaman asked if they could work with the Department each year so that the percentage could fluctuate. Mr. Aiu agreed that it would be a good idea to find out how much the recommendations cost then leave it to Council in the overall budget to determine if they can increase the percentage that year. Commissioner Blaich suggested inserting another letter under B, the Commission is also authorized to "assess and annually report to Council and the Administration the balance and the sufficiency of the Open Space fund." She said it would give the legal underpinning to make an annual assessment. MOTION: It was moved by Beryl Blaich and seconded by Eugene Punzal to insert to section 6-14.2 (6); (G) Annually assess and report the balance and the sufficiency of the Open Space fund to the Council and the Administration. All were in favor by unanimous voice vote — motion passed. Chair Souza asked the staff to make the revisions to the draft amendments. She suggested including a text explaining the rationale and justification for the proposed amendments. Mr. Aiu stated that it is usually standard practice for most bills that go before Council to include findings and purposes before it. 4 Chair Souza requested electronic copies of templates of bills that have been proposed in the past. She volunteered to draft a letter for the Commission to review. Review, discussion, and public input on 3/11/10 North shore field trip. Ms. Sadora displayed PowerPoint photos of the field trip. She stated that she will assemble a printed form of the PowerPoint in black and white copies for the Commission to review. Chair Souza asked the Commission to send the staff their comments on what was observed and what needs improvement. Commissioner Blaich requested that they have further discussion on their impressions and desires from the trip site by site. NEW BUSINESS Update by Planning Department on current Comprehensive Zoning Ordinance (CZO) and Important Agricultural Lands (IAL) Study. Mr. Aiu reviewed the basics of the existing Comprehensive Zoning Ordinance structure and details. He said that the General Plan is the general policy and vision document which is supplemented by development plans. He stated that all of the plans come to realization though either a physical project on the ground or through Ordinance; either the CZO or sometimes the Subdivision Ordinance. He noted that there are no current specific tie-ins to the Open Space Commission by Ordinance or Charter, but the proposed amendments are attempting to create those tie-ins. Regarding the Land Use Legislative Structure, Mr. Aiu said there are generally there layers; the general plan, State Land Use (HRS), and the County CZO that have to match up. He noted that the majority of County zoning is agricultural and open. The Comprehensive Zoning Ordinance lays out the general provisions and standards, use districts, overlay districts, and the permit types. Regarding permitting, the classes depend on the size for each district. He said that class I, II, & III are over the counter permits, and class IV permit applicants appear before the Planning Commission. Staff distributed handouts of Mr. Aiu's PowerPoint presentation regarding the CZO. Commissioner Punzal questioned the open district. Mr. Aiu stated that the open district is designed to be a preservation, open space district, but you are able to get more homes on an open district than an 5 agricultural district. He stated that they tend to run along valleys and rivers so they usually maintain the ecologic function of the area. He noted that all other County's open zone carry no density. He stated that Kauai is the only County that allows building on the open zone provided it meets the standards. Commissioner Blaich pointed out that regarding view sheds, there is a provision in the CZO that allows the Planning Director to place standards on an area that may have strong view attributes. She said that the Planning Director can also require public access to publicly owned lands or waters, so the Planning Commission could ask for an access to be established if a subdivision is close to a hunting area or on the coast. She noted that when there are special treatment overlays, it doesn't change the density, only the level of review. She stated that once land has received its zoning through the development plan process, the CZO is just refining its physical look on the land. She said it's critically important but it is not an opportunity to state that something shouldn't happen, rather the best way for it to be laid out. Chair Souza questioned the next process. Mr. Aiu stated that the next step would be to complete the draft and present it to the Planning Commission by summer. Chair Souza stated that the Commission has expressed interest in the CZO for the past 4 years. She questioned if the Commission missed an opportunity to express concerns or questions. Mr. Aiu stated that the draft was done by consultants who took the existing CZO and a draft of a proposed revision that was done eight years ago, then staff did comprehensive review of what needed to be changed. He said that there are new policy calls and changes, but they have not gone through public forum yet. Staff distributed copies of Mr. Aiu's PowerPoint presentation on the Important Agricultural Lands study. Mr. Aiu reviewed the Important Agricultural Lands Study and stated that Article XI, Section 3 of the Constitution of the State of Hawai'i is the root of the IAL. He said that Act 183 mandated the IAL. He said lands can become IAL through land owner petition or through County led process. He noted that the County can only recommend a majority, no more than 51%, of a landowner's property to become IAL, but the landowner can petition all the land they want which would have to go through Land Use Commission. Commissioner Blaich stated that there have never been any standards or firm designation of what the IAL were compared to other lands. Mr. Aiu stated that this new process isn't going to codify new standards, but recommendations for standards will come out of this study. He said they have had a kickoff meeting, selected a stakeholder technical advisory committee, and 6 they have begun compiling data for the island. He said they are conducting outreach utilizing websites, blogs, and other methods. He stated that they are looking at December 2010 to February 2011 for the final draft to be completed. He said that the next meeting will be on April 30th and more information is available on the website at .http://sites.google.com/site/kauaial/ Commissioner Blaich questioned if Important Agricultural Lands studies were being conducted on the other islands. Mr. Aiu stated that the pilot study was the Koloa-Po'ipu study which was funded by the State. He stated that when Kauai is done with the study, it is likely that other islands will take a look at it. Commissioner Kinnaman questioned if water sources would be from the streams or from the faucet. Mr. Aiu stated that it would be for the Stakeholder Technical Advisory Committee to decide. He stated that they would usually look at surface water, so government agencies and their comments would be included. Commissioner Kinnaman stated that she would be interested in the water study. Mr. Aiu stated that U.H. would be responsible to find the water resource dependent on what the Technical Advisory Committee considers is sufficient. Chair Souza thanked Mr. Aiu for his presentation. She stated that she hopes there will be sufficient time between the release for public viewing and the public comment period since the Commission would need to take it up as an agenda item. Mr. Aiu stated that notice would have to be given 15 days prior to public hearing then the public hearings are held. He stated that the shortest timeline would be 16 days if action is taken at the first hearing, but something that complex would probably not be passed on the first hearing. He noted that the CZO would probably involve a few continuations and then workshops at the Council. He stated that it would probably be a six month process. Chair Souza stated that the Commission has been focused on accesses, but they haven't done considerable work on natural resources and open spaces. She recognized that agricultural use does have some open space values and pointed out that some scenic areas have been cut back due to trees being grown. She said that the IAL and the CZO are important to the Commission's work. She questioned the development plan for Koloa. Mr. Aiu started that the Koloa Development plan will be taken up with Llhu'e once Kapa'a is completed. 7 Chair Souza stated that they would like to be involved in the Koloa Development plan as well. Status of distribution of the County of Kaua'i Public Access, Open Space, & Natural Resources Preservation Fund Commission 2009 report to the Kaua'i County Council and the Mayor. Chair Souza stated that staff has transmitted the report to the County Council. She stated that she, Ms. Sadora, and Vice Chair Kinnaman met with the Mayor last week and reviewed the report page by page. She stated that the Mayor saw similarities between what the Commission recommended and his administrative priorities including both the priority recommendations and the other sites. She said that he didn't mention the Evslin property, but was in agreement with the other three properties. She said that he also reviewed the field trip report and looked at issues that could be taken care of immediately. Ms. Sadora stated that the Mayor recommended merging the photos from the field trip into the report to match the recommendations. She stated that it would help him in determining which issues could be taken care of on his end immediately. Commissioner Blaich expressed appreciation for those who met with the Mayor. Chair Souza stated that the Mayor was also looking forward to the Commission's suggested changes to the Ordinance. NEXT MEETING DATE AND AGENDA TOPICS FOR DISCUSSION Chair Souza stated that the next meeting is on April 8, 2010 at 1:00 p.m. She stated that the executive session minutes of 2/11/10, status of vacant Commissioner positions, update on work plan and time table, and review of the North shore field trip should be continued on the next agenda. She requested that preparation for presentation of the Commission's report to Council also be included. She questioned the status of the Koloa Development Plan update. Ms. Sadora stated that she was not sure if the Department is prepared to do a presentation. Chair Souza stated that the Commission has concerns for that area. Ms. Sadora stated that she would get an update from the Long Range Planner. 8 ADJOURNMENT MOTION: It was moved by Tessie Kinnaman and seconded by Eugene Punzal to adjourn the meeting. All were in favor by unanimous voice vote — motion passed. Meeting adjourned at 3:33 p.m. Respectfully submitted by: y Duke Nakamatsu, Support Clerk 9