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HomeMy WebLinkAbout2010-06-24 Open Space Commission Minutes COUNTY OF KAUAI PUBLIC ACCESS, OPEN SPACE, & NATURAL RESOURCES PRESERVATION FUND COMMISSION Lihue Civic Center, Pi'ikoi Building, Conference Room B 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 June 24, 2010, in the Lihue Civic Center, Pi'ikoi Building Conference Room B. The following Commissioners were present: Jean Souza, Chairperson, Tessie Kinnaman, Vice Chairperson, Beryl Blaich, Linda Dela Cruz, and Johanna Ventura. The following Commissioners were absent: Eugene Punzal, and three (3) vacancies. The following staff members were present: Nani Sadora, Duke Nakamatsu, and Deputy County Attorney Michael Dahilig. CALL TO ORDER Chair Souza called the meeting to order at 1:15 p.m. She introduced interns Lauren Esaki, Beth Wiley, and Richard Brockmeyer who were observing the meeting. APPROVAL OF AGENDA Chair Souza stated that the Planning Department requested that the Commission take new business item A, update by the Planning Department on the Koloa- Po'ipu development plan first. There were no objections by the Commission. MOTION: It was moved by Johanna Ventura and seconded by Beryl Blaich to approve the agenda as amended. All were in favor by unanimous voice vote — motion passed. 1 NEW BUSINESS Update by Planning Department on Koloa-Po'ipu Development Plan. Long Range Planner Marie Williams presented a PowerPoint update on the Koloa-Po'ipu development plan. She said they are hoping that it will be a condensed project to be completed within a year. She said they are compiling a Mayor-appointed Citizens Advisory Group and they anticipate the first meeting in August followed by the public kickoff, workshops, and monthly meetings commencing in the Fall. She said the purpose of the plan would be to update the existing plan, implement the General Plan update 2000, and address new issues related to growth and development. She said the goals of and recommendations for open space and public access issues during the last update in 1980 were to develop a plan for public access to coastal and mauka areas where private properties block such access, acquire coastal areas for public use, encourage development of mauka lands to provide alternate access to Spouting Horn Park, and acquire oceanfront properties makai of Lawa'i Beach Road. She said open space and public access issues related to the 200 General plan were Mahaulepu, East-West highway transportation, wastewater disposal, Koloa- Po'ipu commercial development, proposed residential development, traffic circulation in Kalaheo, and pedestrian/bicycle paths. She said they will be reviewing those issues as well as gathering new public input. Commissioner Ventura questioned if the County is soliciting volunteers for the Citizens Advisory Committee. Ms. Williams stated that the consultant requested limiting the CAC to 12 people. She said that because there will be a very intense public process, they wanted the CAC to consist of the different stakeholder groups such as Malama Mahaulepu, the Koloa Community Association, and the Po'ipu Beach Resort Association. Commissioner Ventura questioned if the CAC will continue to convene throughout the public input process. Ms. Williams stated that the CAC will be put together for the duration of the planning process and dispensed once the plan is adopted. Commissioner Ventura questioned what some of the possible outcomes would be and if lands could be re-zoned during the process. Ms. Williams stated that generally it is supposed to refine the General Plan. She said it can amend the General Plan, identify specific projects, and can re-zone. Commissioner Kinnaman questioned if the plan would have to be approved by the Council. 2 Ms. Williams stated that all development plans are adopted by Ordinance into the zoning Ordinance. She said it is a two tier process involving the Planning Commission then the County Council for final approval. Commissioner Kinnaman questioned if the present development plan would be used as a guideline for the new plan. Ms. Williams stated that it is different from a modern development plan in that it doesn't provide much direction, but they are doing their best to ensure the current plan is looked at thoroughly. Chair Souza noted that there seems to be a lot of vacant developable land but the population increase doesn't seem to be that much. Ms. Williams stated that the projection was based on what has happened historically and not necessarily looking at a build out. She stated that they will also be looking at a build out analysis. She stated that compared with Kapa'a, the Koloa district is growing at a moderate rate. Chair Souza stated that the Commission goes through an annual process to identify sites to recommend to the Council for acquisition or entitlement using the Open Space fund. She said they have become familiar with the resources and what some of the needs are. She said there have been some issues that have come up consistently in this area. Commissioner Ventura stated that she was surprised to hear that the area has experienced modest growth. She stated that she has heard that the Po'ipo area is in a development explosion and that it is probably not a best measure to use residential population because at one point there was seven developments at once and there were rumors of social justice issues. She stated that if they are going to measure growth for a resort district, she would like to see something that represents more than just residential growth. Ms. Williams stated that she is currently working on a profile now, and just finished the demographics which only looks at resident population, but she agreed that the Po'ipo area probably has the most housing units. Chair Souza requested that subsequent presentations include not only resident population but also visitor population and growth. Chair Souza stated that aside from Mahaulepu, most of the coastal area has been developed. She stated there is a lot of pressure related to public access and natural resources. She said it seems that even if there are current access ways, they are not adequately policed where hotel employees are parking in public access areas and there is no other place to park. She said as more development comes online for residential or resort, there will be added stress and some of those areas would need to be expanded. She said that even though the fund has been inadequate to purchase Mahaulepu, it has always 3 been a high priority for natural resource and cultural preservation. She stated that they have also been interested in the area mauka of the highway in Kalaheo on A&B and State lands. She said the Alexander Dam area has been a long time hunting area and the DLNR manages some of the area. She said the DLNR prefers one or two ways for hunters, but the Commission also views the whole area as a forest recreational and trail area. She said with the tendency of Agricultural developments to be gated communities rather than true Ag development, they don't want hunters or locals traversing the area for access to the mountain. She said the mauka area is something that the Commission has been looking at. She noted that some of these larger issues are pushed to the side in favor of smaller doable projects, but she hopes that the task group working on the long range plan can address some of the larger issues. She said there are problematic public access areas at Sheraton and Kiahuna, where there is also inadequate parking. She said another priority site would be the former Hoban property where there is currently a County owned drainage easement from the road to the shoreline and the Commission has been trying to acquire that easement for public access. She said the property has been fenced, but used to be accessible to the public. Commissioner Blaich stated that the Commission also feels that the Nukumoi parcel is a wonderful access and educational experience for the Kaneiolouma Heiau. She said that one of the largest issues in Koloa is recognition that it was archaeologically rich and how disrupted it's been. She stated that one of the principles of development there is how you develop sensitively to what's left. She said the Commission talks about preservation of important views because sometimes it's not what you can acquire but finding a way not to degrade the area. Regarding the 1980 recommendation of acquiring oceanfront properties makai of Lawa`i Beach Road, she said that the goal was set prior to the two hurricanes when all of the homes were obliterated but they got built back. She stated that the plan should consider alternatives should it happen again. Chair Souza stated that areas like the Sheraton were damaged in the hurricanes and allowed to be rebuilt bigger. She questioned why we can't look at the Hilo model where the core commercial district was damaged, then kept as open space and rebuilt behind the buffer. She suggested that if areas are damaged they should consider whether they should be allowed to rebuild. Ms. Williams summarized that there will be a functioning website that will have an in-depth community profile and will go much into the growth and what is happening. She invited the Commissioners to attend the focus workshops and perhaps do a presentation to the CAC on the issues they have expressed. Commissioner Ventura stated that Appendix D of the Commission's most recent report includes recommendations on various recommendations in the Koloa area. Chair Souza stated that more coastal parks are important. She said if they want to see some of the undeveloped coastline preserved, there needs to be 4 developed beach park areas elsewhere, otherwise the pressure will move there. She suggested an aggressive look at coastal areas for recreation and access needs to be done otherwise they will lose even more than they already have. Commissioner Blaich stated that another section of land that is important is the coast between Lawa`i Kai and Port Allen. Chair Souza thanked Ms. Williams for the presentation. Ms. Williams thanked the Commission for inviting her and requested that if the Commission has any further comments they can contact her or Ms. Sadora. APPROVAL OF MEETING MINUTES — regular meeting minutes of 5/27/10. Commissioner Blaich requested amending page 4, paragraph 6 from "Commissioner Blaich agreed that they should try to direct appropriate action." with "Commissioner Blaich agreed that our recommendations should try to direct appropriate attention." and "the Commission shouldn't make be so general that nobody has a sense that they need to do anything." to "the Commission's recommendations shouldn't be so general that nobody has a sense that they need to do anything." Commissioner Ventura requested amending page 4, paragraph, 8 from "Commissioner Ventura felt that the Commission's role could be to encourage the Legislatures to pursue liability." to "Commissioner Ventura felt that the Commission's role could be to encourage the Legislatures to pursue liability protection." MOTION: It was moved by Beryl Blaich and seconded by Linda Dela Cruz to approve the 5/27/10 meeting minutes as amended. All were in favor by unanimous voice vote — motion passed. ANNOUNCEMENTS There were no announcements. UNFINISHED BUSINESS Status of filling of vacant Commission positions. Ms. Sadora reported that there was no update. She stated that Council is still going through their interview process and the Administration is looking at a group of possible appointees to consider. 5 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. Ms. Sadora stated that the Commission's proposed amendments to the Ordinance has been updated and forwarded to the Administration, Council and the County Attorney's office. She said that Deputy Planning Director Imai Aiu has been communicating with the Administration to try to arrange a meeting. Chair Souza clarified that proposed additions to the Ordinance are underlined and deletions are in brackets. Ms. Sadora noted that the current version of the Ordinance is still a draft version. She stated that changes were made and were never finalized. She said that since changes are being proposed again, the County Attorney's office is reviewing them and will bring them to final form. Chair Souza requested that the meetings with the Council and the Administration occur sooner rather than later. Commissioner Blaich questioned if the proposed amendments would need to be approved by the Planning Commission. Deputy County Attorney Dahilig stated that it would not need to go to the Planning Commission. Regarding the furlough schedule, Ms. Sadora pointed out that there is a meeting scheduled on November 4th, but the agenda for that meeting would have to be posted on the same day as the October 28th meeting. Commissioner Ventura suggested that the Commission could predetermine the agenda two meetings prior. Chair Souza stated that she may be on an extensive travel schedule in August. She noted that Commissioner Punzal returns in July. Commissioner Dela Cruz announced that she will not be able to attend the July 8th meeting. Review and discussion on the 3/11/10 North shore field trip. The Commission agreed to defer the discussion on the 3/11/10 North Shore field trip. 6 Review of opinions from the County Attorney's Office pertaining to the authority, duties, and proposals of the Commission. Executive Session: Pursuant to Hawai'i Revised Statutes Sections 92-4 and 92-5(a)(4), the purpose of this executive session was to consult with the County's legal counsel on questions and issues relating to the above item. This consultation involved consideration of the Commission's powers, duties, privileges, immunities, and/or liabilities with regard to this agenda item. MOTION: It was moved by Beryl Blaich and seconded by Tessie Kinnaman to move into executive session. All were in favor by unanimous voice vote — motion passed. The Commission moved into executive session. Update and discussion of the 2010 public input process pursuant to Ordinance No. 812 for developing an annual list of priority projects to be reported (2010 Report) to the Kaua'i County Council and the Mayor. Staff distributed copies of the Garden Island survey proof and the paper surveys. Chair Souza stated that the Kilauea Community Association meeting will be on Tuesday, July 6t". She volunteered to attend that meeting with Commissioner Blaich if Commissioner Ventura is unable to attend. ADJOURNMENT MOTION: It was moved by Johanna Ventura and seconded by Beryl Blaich to adjourn the meeting. All were in favor by unanimous voice vote — motion passed. Meeting adjourned at 3:15 p.m. Respectfully submitted bv: Duke Nakamatsu, Support Clerk 7